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Backup Documents 09/12/2023 Item #17D BCC September 12, 2023 ADA-PL20230006867 BDE 167 Sunset Cay COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a Y.page advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning. Person:Mike Bosi, Planning&Zoning Division Director Date:July 20,2023 Petition No.(If none,give a brief description):PL20230006867 Petitioner: (Name&Address): Turrell,Hall&Associates—Jeff Rogers 3584 Exchange Ave. Naples,FL 34104 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,September 12,2023 (Based on advertisement appearing 20 days before hearing.) Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500220085 Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: /7-24, /��`c � Date: Division Admin. t,ator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFIC � Date Received t 1 T Date of Public Hearing 1 I�// Date Advertised 8 t� NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on September 12,2023,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS,FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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 3381 FOOT WIDE WATERWAY. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY, ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION,IN SECTION 9,TOWNSHIP 52 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA. [PL202300068671. (insert map) A copy of the Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Deputy Clerk(SEAL) Martha S. Vergara From: AshtonHeidi Sent: Tuesday, August 8, 2023 8:22 AM To: RodriguezWanda; PadronAilyn Cc: BradleyNancy;CrotteauKathynell; PerryDerek; GM DZoningDivisionAds Subject: FW: 36 day advertising notification: 9/12/23 BCC Follow Up Flag: Follow up Flag Status: Flagged Wanda and Ailyn, The below item is scheduled for the 9-12-23 BCC agenda. Sunset Cay Boat Dock Appeal: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS, FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY,ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION, IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST,COLLIER COUNTY,FLORIDA. [PL20230006867I. Thank you! t te%d�Ashtow-C�c{�o Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8 �3 From: BosiMichael <Michael.Bosi@colliercountyfl.gov> Sent:Tuesday,August 8, 2023 7:40 AM To:Ashton Heidi<Heidi.Ashton@colliercountyfl.gov> Subject: RE: 36 day advertising notification: 9/12/23 BCC Heidi, We do have the appeal and settlement, which do too one person opposing, requires advertising. Happy Tuesday, Mike From:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Sent: Monday,August 7, 2023 5:08 PM To:AshkarSally<Sally.Ashkar@colliercountyfl.gov>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BermanMarcus <Marcus.Berman@colliercountyfl.gov>; BosiMichael<Michael.Bosi@colliercountyfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov>; BrownCraig<Craig.Brown@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; CookJaime<Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; EastleyKatherine<Katherine.Eastley@colliercountyfl.gov>; FaulknerSue 1 <Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; FrenchJames <James.French@colliercountyfl.gov>; GM DZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; GuitardDonna<Donna.Guitard@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; HansenRachel<Rachel.Hansen@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>; Kartolachary <Zachary.Karto(c@colliercountyfl.gov>; KellyJohn<John.Kelly@colliercountyfl.gov>; KlopfParker <Parker.Klopf@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; LynchDiane <Diane.Lynch@colliercountyfl.gov>; MiceliSuzanne<Suzanne.Miceli(c@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; OrtmanEric<Eric.Ortman@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>; PerryDerek<Derek.Perry@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SaboJames<James.Sabo@colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; ScottTrinity <Trinity.Scott@colliercountyfl.gov>;ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; WilkieKirsten<Kirsten.Wilkie@colliercountyfl.gov>;YoungbloodAndrew <Andrew.Youngblood @col Iiercountyfl.gov> Cc: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: 36 day advertising notification: 9/12/23 BCC Mike and Ray, There are currently NO items listed in Report Manager for the 9/12/23 BCC hearing that require an advertisement. Please let me know if there are any changes to the schedule. Thank you! H-ei-di,Aslitov--eiz zo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (23J) 252-87y-3 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday,August 7, 2023 8:15 AM To: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Cc:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>; PerryDerek<Derek.Perry@colliercountyfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov> Subject: 36 day advertising notification: 9/12/23 BCC Kathy, There are currently NO items listed in Report Manager for the 9/12/23 BCC meeting, which is 36 days from today. Wanda Rodriguez, ACP, CPN1 Office of the County Attorney (239) 252-8400 2 From: AshtonHeidi Sent: Thursday, January 06, 2011 10:43 AM To: WilliamsSteven; NeetVirginia; RodriguezWanda; BonhamGail Subject: Advertising notification Guys and Gals, Bill Lorenz has asked to begin implementation of the 35 day notice e-mail for CCPC and BCC meetings.Wanda Nancy will be responsible for CCPC and Wanda for BCC. On day 37 before the meeting: Di-nny Nancy or Wanda will send an e-mail to Gail Kathy copying me and Steve Sally and Derek that will provide a list of the items scheduled for a particular BCC or CCPC meeting based on task manager. By day 36,Gail Kathy will copy the current titles in word for the agenda items (for land use matters) and cut and paste them in an e-mail to me and Sally and Derek Steve. Steve and I We will confirm for our items that the title is correct. By day 35, I will e-mail list of agenda items and titles in word to Ray and other staff. Let's� chat about this process later today. Thanks. Maid;o chion-tiicko Heidi Ashton-Cicko Assistant County Attorney Land Use Section Chief Phone(239)252-8400 Fax(239)252-6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 3 Q' Project Stella Marisa Location Stella Maris ce DR S 3 Sunri .- Sunset 14, z CAY CAY v Ev ►i gstar CAY Venus CAY Account #323534 August 14, 2023 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: ADA-PL20230006867 BDE 167 Sunset Cay (Display Ad w/map) Dear Legals: Please advertise the above referenced notice on Friday, March 3, 2023 (display ad w/map), and send the Affidavits of Publication, in Duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara Deputy Clerk P.O. #4500220085 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 12, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL to consider: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS,FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY, ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION,IN SECTION 9,TOWNSHIP 52 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA. IPL202300068671. (insert map) A copy of the Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7) days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO,CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Martha Vergara,Deputy Clerk (SEAL) Project Stella Marisa `\\ Location Stella Maris I DRS Q ce - Sunri— CAY Sunset v c Z Ev�ningstar ( CAY Venus CAY Crystal K. Kinzel c°"Rr�` Collier County °3A Clerk of the Circuit Court and Comptroller 0 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 rG OP CC,eR000N' .F- August 14, 2023 Turell, Hall & Associates. Attn: Jeff Rogers 3584 Exchange Ave Naples, FL 34104 Re: ADA-PL20230006867 BDE 167 Sunset Cay Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, September 12, 2023, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, August 23, 2023. You are invited to attend this public hearing. Sincerely, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Clerk Enclosure Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com Martha S. Vergara From: Capa, Ching <CCapa1 @gannett.com> Sent: Monday, August 21, 2023 4:34 PM To: Martha S. Vergara Cc: Gannett Legals Public Notices 4 Subject: Re: Order# GC11097144 i Creative Review for Naples Daily News Attachments: ND-GC11097144-01 (Proof).pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good afternoon, Martha- I attached the proof with the corrections you recently requested. Please kindly check and let me know if further changes are needed or if this is approved for publication. Please note, our final deadline for creative approval is tomorrow, August 22nd of 2023 at 3:00 PM EST. Corrections should be submitted an hour before the deadline so we can cater for the changes needed. We are strict with deadlines, so we need to approve the ad before the specific deadline given to make sure the ad reaches the press. Order Details are noted below for your records: Order#GCI1097144 1 Material #GCI1097144-01 Publication = Naples Daily News Section = Main/ROP Run Dates = 8/23 Ad Size = 1/4 page (3 col. x 10") Total Cost = $1,008.00 Please also click 'reply all' when responding to this email. Thank you, Ching Capa Account Coordinator SMB-Legals LocaIiQ I NE al& CCapa@localiq.com Seize your potential at LocaliQ.com 1 From: Martha S.Vergara<Martha.Vergara@collierclerk.com> Sent: Monday, August 21, 2023 1:23 PM To: Capa, Ching<CCapa1@gannett.com> Subject: RE: Order#GC11097144 I Creative Review for Naples Daily News Hi Ching, I am so lost the ad named SE-PL20230012619. This ad has two different ad numbers: GCI1097144&GCI109783. Can you please tell me which number am I using for this ad? Martha From: Capa, Ching<CCapa1@gannett.com> Sent: Monday, August 21, 2023 9:13 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Re: Order#GC11097144 I Creative Review for Naples Daily News Importance: High External Message: Please use caution when opening attachments,clicking links, or replying to this message. Good morning, Martha- Circling back on this email. I've asked assistance from our team about this and we would like to let you know that notice for PL20230012619 is being handled separately. The notice I'm working on is for PL20230006867 and we need you to resend the materials for that notice today as soon as possible as somehow the creatives got mixed up. Deadline for this order is tomorrow at 3:00 PM EST. Once I'll receive the creative of notice PL20230006867 from you, I'll rush it out and send you a new proof for that. Thank you! Best regards, Ching Capa Account Coordinator SMB-Legals * LocaliQ _gnaw CCapa@localiq.com Seize your potential at LocaliQ.com 2 From:Capa, Ching<CCapa1@gannett.com> Sent: Friday, August 18, 2023 5:34 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Re: Order#GC11097144 I Creative Review for Naples Daily News Hello, Martha- I've asked assistance from our team about this and we would like to let you know that notice for PL20230012619 is being handled separately. The notice I'm working on is for PL20230006867 and we need you to resend the materials for that notice as somehow the creatives got mixed up. Once I'll receive the creative of notice PL20230006867 from you, I'll rush it out and send you a new proof for that. Thank you! Best regards, Ching Capa Account Coordinator SM B-Legals Lo ca Ii Q 1 USA NETWORK Y CCapa@localiq.com Seize your potential at LocaliQ.com From: Ca pa, Ching<CCapal@gannett.com> Sent: Friday,August 18, 2023 4:33 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com>; Oettinger, Erin <EOettinger@localiq.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Re: Order#GCI1097144 I Creative Review for Naples Daily News Good afternoon, Martha- I'm quite confused for this order, apologies for that. Let me just clarify once again because the file we received from you has the file name ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9-12-23) but the content of this creative says for [PL20230012619]. Please see the screenshot below, 3 3 61 (37 ADA-PL20230006867 EDE 177 Sunset Cay (BCC 9-12-23)(002).docx-HP Sure Click Secure View File Home Insert Design Layout References Mailings Review View Help r LEI Tirnes New Roman s, 10 v •— = " v = —•'_ " ~_ -'_ � � �7 Paste 44. B I U xz x' Pp = r= — i= styles Editing Editor 4 As. 1a A Aa - A'. A Y Z ¶ Clipboard Font r Paragraph ry Styles r1 Editor OTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Comm (BCC) at 9:00 A.M. on September 12, 2023: in the Board of County Commissioners Meeting Room, Th Collier Government Center,3299 Tamiami Trail East_Naples FL to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F AMENDING RESOLUTION NO. 2023-119, WHICH EXTANDED THE BOUNDARY OF THE T< AVE \IARIA STEWARDSHIP RECEIVING AREA, TO CORRECT A SCRIVENER'S ERROR 0 ONE OF THE EXECUIIVE SUMMARY ADOPTED AS PART OF THE TOWN FLAN; AND FRC FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 5928 ACRES IS Lt NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THRO TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THRO TOWNSHIP 43 SOUTH,RANGE 29 EAST IN COLLIER COUNTY,FLORIDA. [PL20230'012619] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection.All parties are invited to attend and be heard. This is the only attachments I have for this case, 4 BLOCKED ACCT. 323534 ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) MS Martha S. Vergara <Martha.Vergara@collierclerk.com> # To • NDN-Legals Erin Q. Suspended You replied to this message on 14/08/2023 4:54 pm, '`• ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9-12-23),docx ADA-PL20230006867 BDE 167 Sunset Cay • 4+� 14 KB 1 c KB ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9-' Pc* KB File name: M.DA-PL2023D306267 BDE 167 Sunset Cay(BCC 9-12-23),dccx File type: .dccx File Hello, Please advertise the following attached Wednesday, August 23, 2023. This advertisement must be '. (3x10) page advertisement, the advertisement must be in a typ advertisement MAY NOT BE placed in that portion of the newspaper where classified advert! Please forward an ok when received, if you have any questions feel free to call. Thanks, I think you renamed the file into ADA-PL20230006867 for the creative PL20230012619. May I ask one last time which one should go with order# GC11097144? Is it the PL20230012619 or ADA-PL20230006867? @Oettinger, Erir May I ask if you could also help clarify this order. I think there's a confusion for the creatives. Thank you! Ching Capa Account Coordinator SMB-Legals 1)1/41 Lo ca Ii Q I NETWORKY CCapa@localiq.com Seize your potential at LocaliQ.com From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, August 18, 2023 2:59 PM To: Capa, Ching<CCapa1@gannett.com> Cc: Oettinger, Erin <EOettinger@localiq.com> Subject: RE:Order#GC11097144 I Creative Review for Naples Daily News 5 Ching, The GC11097144 referenced here in this ad isn't the same as the one attached in you email at 2:40. 6 • NOTICE OF PUBLIC HEARING This at proof is for PL20230012619 and it Notice is 'rereby given that a r'_r:i._ heari-: ,'il be het:: by ....: Collier County Board of County , , Commissioners(BCC)at 9:00A.M. an September 12,2023. r. ne Board-Df County Commissioners shouldn't have a map Meeting Room.Third Floor Collier Goverment Cerrer.3299 Tamiami Trail East.Naples FL to consider. included. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA __ AMENDING RESOLUTION NO.2023-119.WHICH XPANDEO THE BOUNDARY OF THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA,TG CORRECTA SCRr'ENER'S ERROR ON PAGE ONE OF THE ' EXECUTIVE SUMMARY ADOPTED AS PART OF THE TOWN PLAN;AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PRGPERTY CONSISTING OF 5928 ACRES IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33 TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18,TOWNSHIP 48 SOUTH.RANGE 29 EAST IN COLLIER COUNTY.FLORIDA [PL20230012619] A copy of the proposed Resorutiem is on file with the Clerk the Board and is available for inspection.All r f interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes many item.The selection of any individual to speak on behalf of an organization or group is encouraged. if recognized by the Ctriman,a spokesperson for a group or organization may be allotted ten 110) minutes to speak an an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide pubic comments remotely,as well as in person,during this proceeding.Individuals who would Ike to participate remotely should register through the link provided within the specific evenVmeeting . entry on the Calendar of Events on the County website at www.colIiercountyfl.goviour-connty:Visitorsr' calendar-ot-events after the agenda is posted on the County website. Registration should be done in adv awe of the public meeting,or any deadline specified within the public meeting notice.Individuals who register wiU receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the users risk The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Wifig at 252-8369 or email to Geoffrey.Wil1igfi colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore.may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is based. Iif you are a person with a disability who needs any accommodation in order to participate in this proceeding.y ou are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management DOision.located at 3335 Tamiami Trail East.Suite 101.Naples,FL 341 1 2-5356,1,2391 252-8380,at least two(2)days prior to the meeting. Assisted listening devices for 1 the hearing impaired are available in the Board of County Commissioners Office BOARD OF COUNTY COMMISSIONERS COLLER COUNTY,FLORIDA RICK LOCASTRO,CHAIRMAN CRYSTAL IC KNEEL,CLERK By:MarthaVergera,Deputy Clerk • (SEAL) 110 Project Stetta Marls _ Location 1 11LStella Marls; IP DRS pi o p �` a 1 3 CWI I SUnSet I.. -, zI CAY Evcn'ngstar CAY Venus CAY l r 1 I_l i iK The ad proof for ADA- PL20230006867 (that should include the map)we haven't received an ad proof for this one!! Ching Capa Account Coordinator SMB-Legals Loca I I Q I NETWOR v CCapa@localiq.com Seize your potential at LocaliQ.com From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, August 18, 2023 2:27 PM To:Capa, Ching<CCapa1@gannett.com> Subject: RE: Order#GCI1097144 I Creative Review for Naples Daily News Hi Ching, Can you please have the map moved to below the title as marked by the arrow below: NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 12, 2023. in the Board of County Commissioners Meeting Room.Third Hour. Collier Government Center. 3299 Tamiami Trail East. Naples FL to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING RESOLUTION NO. 2023-119, WHICH EXPANDED THE BOUNDARY OF THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA,TO CORRECT A SCRIVENER'S ERROR ON PAGE ONE OF THE EXECUTIVE SUMMARY ADOPTED AS PART OF THE TOWN PLAN;AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 5928 ACRES IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA. [PL20230012619] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All nPrcnnc mric.hinrr cnPak nn any ananria item mrrct rPnicter with the MananPr nrinr to And please send me a revised ad proof. Thank you, Martha From: Capa, Ching<CCapa1@gannett.com> Sent: Friday, August 18, 2023 2:06 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Re: Order#GC11097144 I Creative Review for Naples Daily News Importance: High io External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good afternoon, Martha— Circling back on this email. I doubled check with our team about the creative deadline approval since I think we can't have it today. The correct approval deadline for this is next week,Tuesday of August 22nd, 2023 at 3:00 PM EST. Apologies for the confusion. Please let me know if you'd like any updates to your ad or if this is approved for publication. Corrections should be submitted an hour before the deadline so we can cater for the changes needed. We are strict with deadlines, so we need to approve the ad before the specific deadline given to make sure the ad reaches the press. Order Details are noted below for your records: Order#GCI1097144 I Material # GC11097144-01 Publication = Naples Daily News Section = Main/ROP Run Dates = 8/23 Ad Size = 1/4 page (3 col. x 10") Total Cost = $1,008.00 Please also click 'reply all' when responding to this email. Thank you, Ching Capa Account Coordinator SMB-Legals Lo c a I i Q IvaigNITNZINY CCapa@localiq.com Seize your potential at LocaliQ.com From: Ca pa, Ching<CCapa1@gannett.com> Sent: Friday, August 18, 2023 1:53 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Cc:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Order#GC11097144 I Creative Review for Naples Daily News Good afternoon, Martha— I work with the Legal Department for the Naples Daily News and have your creative attached and ready for your review. Please note, our final deadline for creative approval is on August 20 but since we don't have operations during weekends, we need to have the approval today before 6 PM EST. it Please let me know if you'd like any updates to your ad or if this is approved for publication. Corrections should be submitted an hour before the deadline so we can cater for the changes needed. We are strict with deadlines, so we need to approve the ad before the specific deadline given to make sure the ad reaches the press. Order Details are noted below for your records: Order#GCI1097144 I Material # GC11097144-01 Publication = Naples Daily News Section = Main/ROP Run Dates = 8/23 Ad Size = 1/4 page (3 col. x 10") Total Cost = $1,008.00 Please also click 'reply all' when responding to this email. Thank you, Ching Capa Account Coordinator SMB-Legals > Loca I i Q ii0 NETWORKY CCapa@localiq.com Seize your potential at LocaliQ.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 12 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 12,2023, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 Tamiami Trail East,Naples FL to consider: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS, FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY,ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS(THE CAYS) PHASE II SUBDIVISION, IN SECTION 9, TOWNSHIP 52 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA.[PL20230006867]. Tamiami TRL E Project Stella Marisa Location Stella Maris DR S 0 0 0- Sunrt— m CAY Sunset R z CAY Evgningstar CAY Venus CAY . 1! A copy of the Appeal is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/ calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239) 252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO,CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Martha Vergara,Deputy Clerk (SEAL) Martha S. Vergara From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent: Tuesday, August 22, 2023 8:51 AM To: Martha S. Vergara; PadronAilyn; GMDZoningDivisionAds; BradleyNancy Subject: RE: ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) No changes needed Martha,Thank you! mike From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent:Tuesday, August 22, 2023 8:48 AM To:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>; Michael Bosi <Michael.Bosi@colliercountyfl.gov> Subject:ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning All, Attached is the ad proof for which approval is due today by 1 p.m. Please let me know of any changes needed asap! Thank you, Martha Vergara BMR&VAB Senior Deputy Clerk 4,:k col Office: 239-252-7240 Fax: 239-252-8408 s F E-mail: martha.verqara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County , 3299 Tamiami Trail E, Suite #401 .,("' • Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 1 Martha S. Vergara From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Tuesday, August 22, 2023 1:38 PM To: Martha S. Vergara; Minutes and Records; RodriguezWanda Subject: FW: ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) Attachments: ND-GC11097144-01 (Proof).pdf; RE: ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) Hi Martha, Per our conversation, this ad has been approved. Thank you! Respectfully, Ailyn Padron Management Analyst I Cor County Growth Management Community Development Department O e ano s&Regulatory Management thymon 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY We appreciate your feedback! From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent:Tuesday, August 22, 2023 8:48 AM To: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>; Michael Bosi <Michael.Bosi@colliercountyfl.gov> Subject:ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning All, Attached is the ad proof for which approval is due today by 1 p.m. Please let me know of any changes needed asap! Thank you, Martha Vergara BMR &VAB Senior Deputy Clerk ct}rrcou,Qr Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com J x Office of the Clerk of the Circuit Court '� & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 ire,„ Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 12,2023, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 Tamiami Trail East,Naples FL to consider: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS, FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY,ALSO DESCRIBED AS LOT 84,PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION, IN SECTION 9, TOWNSHIP 52 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA.[PL20230006867]. Tamiami TRL E Q Project Stella Marisa Location Stella Maris DR S Sunrt .e..— CAY Sunset > z CAY Evoingstar CAY Venus CAY I , A copy of the Appeal is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/ calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig©colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356, (239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO,CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Martha Vergara,Deputy Clerk (SEAL) Martha S. Vergara From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent: Tuesday, August 22, 2023 8:51 AM To: Martha S. Vergara; PadronAilyn; GMDZoningDivisionAds; BradleyNancy Subject: RE: ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) No changes needed Martha,Thank you! mike From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent:Tuesday, August 22, 2023 8:48 AM To:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>; Michael Bosi <Michael.Bosi@colliercountyfl.gov> Subject:ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning All, Attached is the ad proof for which approval is due today by 1 p.m. Please let me know of any changes needed asap! Thank you, Martha Vergara BMR & VAB Senior Deputy Clerk a co.coot, � G� Office: 239-252-7240 Fax: 239-252-8408 4. E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 `t`FRon titY.'``� Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Vergara From: Jeff Rogers <Jeff@thanaples.com> Sent: Tuesday, August 22, 2023 3:24 PM To: BosiMichael Cc: PadronAilyn Subject: RE: **ATTENTION** RE:ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved!! Regards, Jeff Rogers Turrell,Hall&Associates,Inc. Marine&Environmental Consulting 3584 Exchange Ave. • Naples,FL.34104-3732 Phone: (239)643-0166 Fax: (239)643-6632 THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED ANL)MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL,WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT(OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT),YOU ARE HEREBY NOTIFIED TI-IAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US BY TELEPHONING US(COLLECT)AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent:Tuesday,August 22, 2023 3:22 PM To:Jeff Rogers<Jeff@thanaples.com> Cc:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Subject: FW: **ATTENTION** RE: ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9/12/23) Jeff, Here's the complete Ad proff. mike From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Tuesday, August 22,2023 3:20 PM To: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Subject: RE: **ATTENTION** RE: ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9/12/23) Thank you, Mike. Can you forward him the attached proof please? Respectfully, Ailyn Padron Management Analyst I 1 ColLter County Growth Management Community Development Department Operatwns&Regulatory Management Div von 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY We appreciate your feedback! From: Michael Bosi <Michael.Bosi(a@colliercountyfl.gov> Sent:Tuesday, August 22, 2023 3:17 PM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Subject: FW: **ATTENTION** RE:ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9/12/23) fyi From: Michael Bosi Sent:Tuesday, August 22, 2023 3:16 PM To: 'Jeff Rogers' <Jeff@thanaples.com> Subject: FW: **ATTENTION** RE:ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9/12/23) Jeff, Can you review the title and provide me a written sign off. We need to get this to the NDN to make advertising, so this is sent with some urgency. Thanks, mike From:Ailyn Padron<Ailyn.Padron(c@colliercountyfl.gov> Sent:Tuesday, August 22, 2023 1:51 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; Martha S.Vergara <Martha.Vergara@collierclerk.com> Cc: Minutes and Records<MinutesandRecords@collierclerk.com>; Michael Bosi<Michael.Bosi@colliercountyfl.gov> Subject: RE: **ATTENTION** RE: ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9/12/23) Hi Wanda, My apologies. Please see the attached documents. Thank you. Respectfully, Ailyn Padron 2 Management Analyst I Co ier County Growth Management Community Development Department CNxretans&Ra9ulatwy Management(*noon 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY We appreciate your feedback! From:Wanda Rodriguez<Wanda.Rodriguez(a@colliercountyfl.gov> Sent:Tuesday,August 22,2023 1:49 PM To:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: Minutes and Records<MinutesandRecords@collierclerk.com>; Michael Bosi<Michael.Bosi(a@colliercountyfl.gov> Subject: **ATTENTION** RE: ADA-PL20230006867 BDE 167 Sunset Cay (BCC 9/12/23) Importance: High Ailyn: I was not copied on the ad request. This is the first time I am seeing this item, and I cannot turn a review around this fast for something to be published TOMORROW. Please forward to me the original ad request and all attachments, and remember to copy me on these going forward. Martha: Our office has not reviewed or approved this ad proof at this time. Please stand by. "Wanda Rodriguez, ACP, CPI Office of the County Attorney (239) 252-8400 cortiFlfo ACP ({an CciSINCE tificd Public M.inagcr r16WArIM�» 2005 From:Ailyn Padron <Ailyn.Padron(a@colliercountyfl.gov> Sent:Tuesday,August 22, 2023 1:38 PM To: Martha S.Vergara<Martha.Vergara@collierclerk.com>; Minutes and Records <MinutesandRecords@collierclerk.com>; Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: FW:ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9/12/23) 3 Hi Martha, Per our conversation,this ad has been approved. Thank you! Respectfully, Ailyn Padron Management Analyst I S&91t y Growth Management Community Development Department Operaoorts&Regulatory Management()Oman 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY We appreciate your feedback! From: Martha S.Vergara<Martha.Vergara@collierclerk.com> Sent:Tuesday, August 22, 2023 8:48 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>; Michael Bosi <Michael.Bosi@colliercountyfl.gov> Subject:ADA-PL20230006867 BDE 167 Sunset Cay(BCC 9/12/23) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning All, Attached is the ad proof for which approval is due today by 1 p.m. Please let me know of any changes needed asap! Thank you, 4 Martha Vergara BMR&VAB Senior Deputy Clerk Office: 239-252-7240 Fax: 239-252-8408 s E-mail: martha.vergara cCil. CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 "',,'ri•"' Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law,email addresses are public. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 5 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a'/ page advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Mike Bosi, Planning&Zoning Division Director Date:July 20,2023 Petition No.(If none,give a brief description):PL20230006867 Petitioner:(Name&Address): Turrell,Hall&Associates—Jeff Rogers 3584 Exchange Ave. Naples,FL 34104 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,September 12,2023 (Based on advertisement appearing 20 days before hearing.) Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500220085 Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: 4, Date: Division Admin. ttaator or Designee S.__ 1 List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received Date of Public Hearing Date Advertised NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on September 12,2023,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS,FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY, ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION,IN SECTION 9,TOWNSHIP 52 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA. [PL20230006867]. (insert map) A copy of the Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7) days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Deputy Clerk(SEAL) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a Y.page advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Mike Bosi, Planning&Zoning Division Director Date:July 20,2023 Petition No.(If none,give a brief description):PL20230006867 Petitioner:(Name&Address): Turrell,Hall&Associates—Jeff Rogers 3584 Exchange Ave. Naples,FL 34104 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,September 12,2023 (Based on advertisement appearing 20 days before hearing.) Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500220085 Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: r?-44. AL Date:13:(17 Division Admin' t ator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received Date of Public Hearing Date Advertised NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on September 12,2023,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS,FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY, ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION,IN SECTION 9,TOWNSHIP 52 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA. [PL20230006867]. (insert map) A copy of the Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7) days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk, The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT &COMPTROLLER By: Deputy Clerk(SEAL) Martha S. Vergara From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent: Tuesday, August 8, 2023 8:22 AM To: RodriguezWanda; PadronAilyn Cc: BradleyNancy; CrotteauKathynell; Derek Perry; GMDZoningDivisionAds Subject: FW: 36 day advertising notification: 9/12/23 BCC Follow Up Flag: Follow up Flag Status: Flagged Wanda and Ailyn, The below item is scheduled for the 9-12-23 BCC agenda. Sunset Cay Boat Dock Appeal: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS, FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY,ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION, IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST,COLLIER COUNTY, FLORIDA. 1PL202300068671. Thank you! ftei dI,Aslitow-Ci c12o Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-877 3 From: BosiMichael <Michael.Bosi@colliercountyfl.gov> Sent:Tuesday,August 8, 2023 7:40 AM To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Subject: RE: 36 day advertising notification: 9/12/23 BCC Heidi, We do have the appeal and settlement, which do too one person opposing, requires advertising. Happy Tuesday, Mike 0 From:AshtonHeidi<Heidi.AshtonCa@colliercountyfl.gov> Sent: Monday, August 7, 2023 5:08 PM To:AshkarSally<Sally.Ashkar@colliercountyfl.gov>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BermanMarcus <Marcus.Berman@colliercountyfl.gov>; BosiMichael<Michael.Bosi@colliercountyfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov>; BrownCraig<Craig.Brown@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; CookJaime<Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; EastleyKatherine<Katherine.Eastley@colliercountyfl.gov>; FaulknerSue 1 <Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; FrenchJames <James.French@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAdsCc@colliercountyfl.gov>; GuitardDonna <Donna.Guitard@colliercountvfl.gov>;GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; HansenRachel <Rachel.Hansen@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>; KartoZachary <Zachary.Karto@colliercountyfl.gov>; KellyJohn<John.Kelly@colliercountvfl.gov>; KlopfParker <Parker.Klopf@colliercountvfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; LynchDiane <Diane.Lynch@colliercountyfl.gov>; MiceliSuzanne<Suzanne.Miceli@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; OrtmanEric<Eric.Ortman@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>; PerryDerek<Derek.Perry@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SaboJames<James.Sabo@colliercountyfl.gov>;SammonSean <Sean.Sammon@colliercountyfl.gov>; SawyerMichael<Michael.Sawyer@colliercountyfl.gov>;ScottTrinity <Trinity.Scott@colliercountyfl.gov>;ThomasClarkeVEN <Thomas.Clarke@colliercountvfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; WilkieKirsten<Kirsten.Wilkie@colliercountyfl.gov>;YoungbloodAndrew <Andrew.Youngblood@colliercountvfl.gov> Cc: Klatzkowleff<Jeff.Klatzkow@colliercountyfl.gov> Subject: 36 day advertising notification: 9/12/23 BCC Mike and Ray, There are currently NO items listed in Report Manager for the 9/12/23 BCC hearing that require an advertisement. Please let me know if there are any changes to the schedule. Thank you! tteidi Ashtow-ci.cizo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (23 ) 252-8j-j3 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, August 7, 2023 8:15 AM To: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Cc:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; PerryDerek<Derek.Perry@colliercountvfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov> Subject: 36 day advertising notification: 9/12/23 BCC Kathy, There are currently NO items listed in Report Manager for the 9/12/23 BCC meeting, which is 36 days from today. Wanda Rodriguez, MCP, CP.M Office of the County Attorney (239) 252-8400 2 From: AshtonHeidi Sent: Thursday, January 06, 2011 10:43 AM To: WilliamsSteven; NeetVirginia; RodriguezWanda; BonhamGail Subject: Advertising notification Guys and Gals, Bill Lorenz has asked to begin implementation of the 35 day notice e-mail for CCPC and BCC meetings. Wanda Nancy will be responsible for CCPC and Dinny Wanda for BCC. On day 37 before the meeting: Din ¢ Nancy or Wanda will send an e-mail to Gait Kathy copying me and Steve Sally and Derek that will provide a list of the items scheduled for a particular BCC or CCPC meeting based on task manager. By day 36,Gail Kathy will copy the current titles in word for the agenda items (for land use matters) and cut and paste them in an e-mail to me and Sally and Derek Steve. Steve and I We will confirm for our items that the title is correct. By day 35, I will e-mail list of agenda items and titles in word to Ray and other staff. Let's chat about this process later today. Thanks. J eid r Mr-ton-tic& Heidi Ashton-Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252-8400 Fax (239) 252-6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request.do not sets electronic mail to this entity. Instead.contact this office by telephone or in writing. 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, sitting as the Board of Zoning Appeals, review the appeal of the March 13, 2023, decision of the Hearing Examiner regarding a boat dock extension for property located at 167 Sunset Cay Naples, FL 34114. • •• OBJECTIVE: That the Board of County Commissioners, sitting as the Board of Zoning Appeals, review the appeal of the March 13, 2023, decision of the Hearing Examiner regarding a boat dock extension of 35-feet for property located at 167 Sunset Cay Naples, FL 34114. Chapter 9 of the Collier County Administrative Code provides in relevant part as follows: 1. Within 30 days after the Hearing Examiner's written determination has been rendered, either the County or the landowner may appeal the determination to the Board of County Commissioners. Any additional fee for a landowner initiated appeal must accompany the appeal. At the public hearing, the Board of County Commissioners will review the record created by the Hearing Examiner's proceedings, but the Board may by majority vote accept evidence not presented to the Hearing Examiner. 2. The Board of County Commissioners may: • Affirm the Hearing Examiner's determination, with or without modifications or conditions; or • Reject the Hearing Examiner's determination, except that the Board may not modify the determination or impose conditions, or reject the Hearing Examiner's determination unless the Board expressly finds that one or more of the Hearing Examiner's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the Hearing Examiner's determination otherwise specifically failed to properly apply one or more of the criterion in the LDC or GMP(emphasis added). 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 property located within the Port of the Islands, specifically 167 Sunset Cay and on March 13, 2023 issued HEX Final Decision 2023-08 Exhibit "A",which denied the extension request. 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. Within HEX Decision 2023-08, the hearing examiner determined that regarding the primary criteria that only three of the five criteria were satisfied and , as noted four of the five primary criteria must be satisfied to gain approval. The two criteria determination 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 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 rejects 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. 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 the use of legally permitted neighboring docks.) The record evidence and testimony from the public hearing rejects 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. Wtihin the application appealing the HEX decision,the applicant provides responses to the two primary criteria found deficient by the HEX determination. For Criteria Two the response states, "Question 2 pertains to the water depths at the subject property being too shallow to allow mooring within the allowed 20-feet. The subject property shoreline consists of a natural riprap/rock shoreline which just in itself restricts how close a vessel can be moored along the base of the rip-rap shoreline. A more parallel dock and associated mooring area was considered but would still require a BDE approval to reach adequate water depths allowing full functionality of the boatlifts at all tide elevations unless the applicant proposed to dredge the mooring area to create adequate depths. The parallel mooring design would increase the overall dock size and with the required dredging the proposed dock overall cost would be increased significantly. Based on this it was determined that since the waterway width would allow for perpendicular mooring it was decided the best dock design option was the perpendicular layout. County staff agreed with our original response in the BDE application and stated within their staff report this criterion was met." As noted, the Staff Report (attachment "B") provided to the HEX found that the applicant met the criteria, specifically staff found that, "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 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. For Criteria Five the applicant's response states, "The two adjacent properties have docking facilities already in place, which were taken into consideration during the initial design layout of the proposed dock and associated boatlifts. As proposed the dock would provide a 26-foot setback from the eastern shared property/riparian line which is greater than what is required for lots with more than 60-feet of shoreline being 15-feet. The adjacent property owner who would be directly impacted by the proposed dock did not object to the proposed dock therefore no additional testimony was provided during the HEX hearing pertaining to interfering with their existing access. An exhibit has been provided with this appeal package indicating how the adjacent dock will still be able to maintain safe and routine access to their existing dock/boatlift. The adjacent dock has a BDE approval and was constructed right up to the side yard setback line being 15-feet off the share riparian line. County staff did not agree with our original response in the BDE application and stated within their staff report this criterion was not met. This was the only one of the Primary Criteria we missed. " Within the HEX determination stating criteria five has not been meet, the HEX recognizes that the dock facility would not create interference with the neighboring dock to the east, if the dock was situated further west along the subject shoreline. If the BZA would add a condition of approval for the request to move the dock five-feet to the west, then criteria five would be satisfied and five of the six primary criterion would be satisfied and the request could gain approval FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, sitting as the Board of Zoning Appeals, deny the appeal as presented, but add a condition that the dock be moved five feet to the west along the shoreline, as shown within Attachment "C" to allow for the primary and secondary criteria to be satisfied and approve the requested 35-foot boat dock extension. 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R G R 7-29 021200.00 hutchins-167 sunset cay\CAD\PERMIT-COUNTY121200-BDE.dwg SUBMERGED RESOURCE SURVEY 12/202022 • N `` .. ~ w Lu ' Q Li; N X Q O2 Z ...i, fix Y , -, W W 1i1111111111 N r V/ O Z Z '4 1'i o W i oo U) Q #c K. Z �. W W' �' �4 0 U UJ O < 1,.,. �.r- N —. HWo • Z • I Q Wes : . � � 11/4...r.4 -- .. Z ,... - 1 1S ,.,_,, ..-;., - W o .l,`-,,".,6. -., Ea i '::111'aim.m.,,... .. i.—m, of, i---.-r... 0 ,8EE - r U b4 M N III' •■ �� Qv o o2 i" II►40 4 ,'• Wes `' S U M " �'► •'• rxw _ '`-'tea • Y A' • ' Z � III o .6; a D <n co g .12 '!: L4 l4 J Q C F o2 > z •o D � mQ >- �O Z Q w0_ W � O Ww — ` W • f 111#.,,%!� M U ' 1. ' Kam,. ctl p:121200.00 hutchins-167 sunset can/1 CAD 1PERMIT-COUNTY121200-BDE.dwg WIDTH OF WATERWAY MAP 12/20/2022 /o t_it.i3f----„ ro N /� W 1 , / IL 1`y� oo Z XH�� 2 111111 11011 * 111111 IS®®s® ° ii!!k /n ..*,,-...0-ft* -4;iiii,"2:Isitittlifi;-:‘,.:i. .4.,....rit.": as SAVO 0 '. ►t •i • tt. t _ I fn 13e -4 • . i. X- _ L ` , a nQ U W W� ,L. it'. . �. . Q w it #' t1 zvi ' a Q z ,W o V• `11`>•• wom j g - ; i g y. : J. , ., - _ ,,,,/1 :. , . ,,v,. ,%itt, 4 ti,: . IL 1 w ,, ` ill p rn v/ Q •' g:.d- Lt1.4., '' . r,". ' . — Ba..L C.:441111,'onr, .•`,itio-0 i f -MEM i I '' tf illibL- '' A leg �JI4 V y, �,ylb o w �I o 1:40 i 1 1 xro- _is-yAiur wr ` a� to) w 1 W A C L p:121200.00 hutchins-167 sunset say\CAD\PERMIT-COUNTY\21200-BDE.dwg ADJACENT WATERWAY 12/20/2022 Cotner County 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. BDE-PL20220002146— 167 Sunset Cay Page 1 of 7 December 20,2022 IS/DSDV-NO3 a _, --- - .�, // ` Spy . Q - R 'A. I ss 8 W F--- c', Sir b` Si�' , <, f x e t si. F Q m vex Gle r; c� ,fix is r yt C c '� i R cr 7. fi gi, 2 i; i E 1 ik r' le .1 iie 0 R id , 2 `A a x yeti 8. E ti *i1 rri@t- :" jIwi It— CV s L f 0 N E-ISa — N 0 N 1 Z CL � m E z n 0 o "1 Q 0 o �, 0 a ° CL CL �, ,`4'w, R tLi d ` !w -/ . tt s: ...::: t i J. iI a Ix 1 _ i. Ca U 4.1 0 E 4 LJLJJ Se S V1 {ir BDE-PL20220002146— 167 Sunset Cay Page 2 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 — • Stella Maris DR A L • ; :; ::. '. ` :r11 \ 11L (;, lir, ,r we 1 ri k �+ rRMF�S ~i + j a _ t' •. z 1 t 6 t' _.. :: f 1 11_ — .i is N It R: 28 �._ t- ,— _ *� — Sa09 '.. AZIEMMIE 1IL c t--- kti (ki ...„..,, .1 -101in-- - fp-iitu K-- . . ,..„ 4 4.* < . j • r _ . . • — -.. • 0..e. j. BDE irc '.. . t ti 4 • • ) , l • ]�'%A� w �e ilk. .tit :-,, . _, .......__....,. iv ............____. , , ,,, , 1 9,, .3 P p. . ... .� , , _ Windward•CA'. �r .I .1 'Ill '4htit -. 4- , ' es ,. .A i_-1 Aerial—Collier Count). GIS BDE-PL20220002146— 167 Sunset Cay Page 3 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 BDE-PL20220002146— 167 Sunset Cay Page 4 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. BDE-PL20220002146— 167 Sunset Cay Page 5 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." BDE-PL20220002146— 167 Sunset Cay Page 6 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 staffs 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. BDE-PL20220002146— 167 Sunset Cay Page 7 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 BDE-PL20220002146— 167 Sunset Cay Page 8 of 7 December 20, 2022 TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting 3584 Exchange Avenue•Naples,Florida 34104-3732•239-643-0166•Fax(239)643-6632• tuna@thanaples.com April 7, 2023 Collier County 2800 North Horseshoe Drive Naples, FL 34104 RE: 167 Sunset Cay BDE Appeal BD-PL20220002146- HEX NO. 2023-08 To Whom it May Concern, Based on the above subject HEX Resolution(NO. 2023-08) the applicant would like to request an appeal to the decision to deny the BDE request. The reason for the denial was based on not meeting 2 of the Primary Criteria and 2 of the Secondary Criteria. The two missed within the Primary pertained to questions number 2 &5. Question 2 pertains to the water depths at the subject property being too shallow to allow mooring within the allowed 20-feet. The subject property shoreline consists of a natural riprap/rock shoreline which just in itself restricts how close a vessel can be moored along the base of the rip-rap shoreline. A more parallel dock and associated mooring area was considered but would still require a BDE approval to reach adequate water depths allowing full functionality of the boatlifts at all tide elevations unless the applicant proposed to dredge the mooring area to create adequate depths. The parallel mooring design would increase the overall dock size and with the required dredging the proposed dock overall cost would be increased significantly. Based on this it was determined that since the waterway width would allow for perpendicular mooring it was decided the best dock design option was the perpendicular layout. County staff agreed with our original response in the BDE application and stated within their staff report this criterion was met. Question 5 pertains to does the proposed dock interferes with the use of neighboring docks. The two adjacent properties have docking facilities already in place,which were taken into consideration during the initial design layout of the proposed dock and associated boatlifts. As proposed the dock would provide a 26-foot setback from the eastern shared property/riparian line which is greater than what is required for lots with more than 60-feet of shoreline being 15-feet. The adjacent property owner who would be directly impacted by the proposed dock did not object to the proposed dock therefore no additional testimony was provided during the HEX hearing pertaining to interfering with their existing access. An exhibit has been provided with this appeal package indicating how the adjacent dock will still be able to maintain safe and routine access to their existing dock/boatlift. The adjacent dock has a BDE approval and was constructed right up to the side yard setback line being 15-feet off the share riparian line. County staff did not agree with our original response in the BDE application and stated within their staff report this criterion was not met. This was the only one of the Primary Criteria we missed. As for the Secondary Criteria, the HEX denial stated as proposed the dock did not meet criteria numbers 3 &4. Question 3 pertains to the overall vessels length being greater than 50% of the total linear footage of the subject property shoreline. As proposed the dock will accommodate 2 vessels, one being 50-feet LOA and the other being a 30-foot vessel LOA which both of which overall lengths added up exceed the 50% threshold. The total shoreline length is 149-feet, and the vessels are approximately 80-feet therefore this criterion is not met. Question 4 pertains to major impact on the waterfront view from the neighboring property to the subject waterway. As stated, the proposed dock has been designed to be well within the required side yard setbacks and the applicant's vessels would never have to cross over the shared riparian lines to ingress/egress the proposed slips/boatlifts. It has been our position in this petition request and all the others previously processed with the county that the subject property and the associated riparian area is the view guaranteed. Additionally, it should be taken into consideration that neither adjacent property owner objected to the proposed dock which are the two property owners directly affected by the proposed dock extension. The only objectors on recorded to the proposed extension were property owners approximately 2-3 houses down the subject shoreline and across the waterway. County staff also agreed with our original response to this criterion in the BDE application that there would not be a major impact to the adjacent property owners. As stated within their staff report. Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 Appeal of an Administrative Type Ill Decision LDC section 10.04.04 PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED The following applications are subject to an administrative Type III review: variances, administrative appeals, certificates of appropriateness, conditional uses, nonconforming use amendments, vested rights, flood variances, and parking agreements. APPLICANT CONTACT INFORMATION Name of Owner: Robert and Judith Hutchins Address: 167 Sunset Cay City: Naples State: FL ZIP: 34114 Telephone: Cell: 952-201-9372 Fax: E-Mail Address: hbcncrepair@gmail.com and judyhutchins2865@gmail.com Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-784-0081 Fax: E-Mail Address: jeff@thanaples.com REQUEST DETAIL Appeal of Application Number: AR/PL-20220002146 (Please reference the application number that is being appealed) Attach a narrative describing the request, the legal basis for the appeal, and the relief sought. Include any pertinent information, exhibits, and other backup information in support of the appeal. 12/26/2013 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS The following items are to be submitted with the completed application packet: i.i Completed application (download current form from County website) ❑ Completed narrative ❑ Electronic copy of all documents, please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: Appeal of Vested Rights Determination: $100.00 Appeal of an Administrative Decision:$1,000.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 12/26/2013 Page 2 of 2 M Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address Yr�a %of Ownership X Zo bex+ 1- -Gl/I-A--►4S,5 ad ca-\f• X atad---fr, 1-+Lci-cluxis (2120-e Skc cik) Oatc_ 64;,47541e— 5-0 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership c. If the property is in the name of a TRUSTEE. list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired ❑ Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWM MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Date of option: Date option terminates: ,or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 /\<4. Ag nt ner Signature D to NT--lAAMA Agent/Owner Name(please print) Created 9/28/2017 Page 3 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address �1� %of Ownership ��tt " X Rio to e�� -ems Si-cv Cam`I►.wbfijs 1-1 -di.e.As 2.10Y sk_ad ow Oak_ t 5, 0 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership c. If the property is in the name of a TRUSTEE. list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 Co e•r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired n Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 Date of option: Date option terminates: ,or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 2 ZP2_6/2j(/' Ag nt ner Signature D to Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Naples Daily News Public Notice Originally published at naplesnews.com on 08/23/2023 Null iut ur rubLit, ntMrIIPIU Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 12, 2023, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL to consider: ROBERT BRAUCH HUTCHINS AND JUDITH ANN HUTCHINS, FILED AN APPEAL OF HEX DECISION 2023-08 THAT DENIES 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. THE SUBJECT PROPERTY IS LOCATED AT 167 SUNSET CAY,ALSO DESCRIBED AS LOT 84, PORT OF THE ISLANDS (THE CAYS) PHASE II SUBDIVISION, IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. [PL20230006867]. Tamiami TRL E :4> Project Stella Marisa Location Stella Maris a DR S 0- Sunr+� d CAY Sunset cu z CAY U Evening star \ ( CAY Venus CAY 0 A copy of the Appeal is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/ calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Martha Vergara, Deputy Clerk (SEAL) Z ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17 n THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. Zoning Division GMCDD 3 County Attorney Office County Attorney Office H(A L. 9_13 .. D.:3 4. BCC Office Board of County Commissioners RL n'/s 5. Minutes and Records Clerk of Court's Office / PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mike Bosi Phone Number 252-1061 Contact/ Department Agenda Date Item was 9-12-23 Agenda Item Number 17D Approved by the BCC Type of Document Resolution Number of Original 1 Attached Documents Attached PO number or account •� number if document is 0�-�j (97-- to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? mb 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be mb signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the mb document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's mb signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9-12-23 and all changes made during c N/A is not the meeting have been incorporated in the attached document. The County rk--- an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the \(NL-'-` an option for Chairman's signature. ``(/�`\ this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 t7 13 RESOLUTION NO. 2023- 16 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, SITTING AS THE BOARD OF ZONING APPEALS,APPROVING THE 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] WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish,coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, and procedures for the granting of boat dock extensions; and WHEREAS, Jeff Rogers of Turrell, Hall and Associates on behalf of Robert and Judith Hutchins filed Petition Number PL20220002146 requesting a boat dock extension of 35 feet over the maximum protrusion of 20 feet allowed by the LDC Section 5.03.06 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; WHEREAS, on March 10, 2023, the Collier County Hearing Examiner issued HEX Decision 2023-08 attached as Exhibit A which denied Petition Number PL20220002146; WHEREAS, on April 7, 2023, the petitioner filed an appeal of HEX Decision 2023-08; and WHEREAS,petitioner offered a settlement of the appeal by submitting revised Boat Dock plans attached as Exhibit B to move the boat dock facility five feet to the west to address the Hearing Examiner's findings on primary criterion no. 5: "It would be more favorable for alternative designs and even the applicant's preferred design if situated further west along the subject shoreline"; and WHEREAS, County staff has reviewed the revised Boat Dock plans and agrees that it meets 5 of the 5 primary criteria and five of the six secondary criteria in LDC Section 5.03.06 for boat dock extensions. WHEREAS, the Collier County Board of Zoning Appeals (BZA) has considered the proposed settlement and the advisability of a boat dock extension for property in the RSF-4 zoning district, and has found as a matter of fact that satisfactory provision and arrangement have been [23-CPS-02363/1807714/1]34 167 Sunset Cay/ADA-PL20230006867 1 of 2 8/7/23 17D made concerning all applicable matters required by said regulations of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: 1. The settlement of the appeal is approved, and the decision of the Collier County Hearing Examiner is modified by this appeal, as provided in this Resolution; and 2. The property subject to this appeal and the Boat Dock Extension is described as: Lot 84, Port of the Islands (the Cays) Phase II, according to the plat thereof as recorded in Plat Book 21, Pages 1 through 4, of the Public Records of Collier County, Florida 3. Petition PL20220002146 as modified by the appeal, is hereby approved for a 35-foot dock extension over the maximum 20-foot limit to allow construction of a boat docking facility protruding a total of 55 feet into a waterway that is 338± feet wide, in accordance with the revised Boat Dock plans attached as Exhibit B and incorporated herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this I or. day of pk i late , 2023. ATTEST: BOARD OF ZONING APPEALS CRYSTAL K. K.INZEL, CLERK COLLIER COUNTY, FLORIDA B C --� By: (test as to j1fi� eputy Clerk Rick LoCastro, Chairman r Signatt re'.;fttyt . 4 Appr ved as to form and legality: eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Hex Final Decision 2023-08 Attachment: Exhibit B —Revised Dock Plan [23-CPS-02363/1807714/1]34 167 Sunset Cay/ADA-PL20230006867 2 of 2 8/7/23 EXHIBITA 170 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 338±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. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 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 l of 6 Page 1 of 19 17U 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: I. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi- family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property is located within an RSF-4 Zoning District and 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 50foot 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 ML W 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 Page 2 of 19 17D 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 BEEN 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 he 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 dock protrusion is 58 feet from the MNWLIProperty 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 rnore 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: I. 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 BEEN MET The plat for subdivision in which this property is located, Port of the Islands (The Gays) 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 Page 3 of 19 17 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)(1 1) 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 requirement for commercially zoned properties. Based on this Page 4 of 6 Page 4 of 19 17D 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 Page 5 of 19 17 0 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 Pages of 19 17D EXHIBIT "A" [TO HEX DECISION] 1 7 g LCpili)LILI .,Vi4 l UILV'to I Iii,;,'-KM RI,tIN!'drlrI.)IIIV!I1 IiV:AA'',W:..s IN,,,.ir+lnii Op'(w?(\'d m g t,rn w O`It Ill z• •Ovs, U 1()4.1°) III tv` ra w ))l rn o n � otxi ' ti -0 tri co ? 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