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HEX Agenda 10/26/2023COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 October 26, 2023 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.Padron(a)CollierCount 7FL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 1011912023 October 2023 Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. BDE-PL20230006459 -178 Tahiti Circle (BDE)— Request for a 27-foot boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways 100 feet or greater in width, to construct a new dock facility that will protrude a total of 47 feet into a waterway that is 219f feet wide for the benefit of property located at 178 Tahiti Circle, also known as Lot 155, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 1 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 1011912023 3.A 10/26/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 26817 Item Summary: Petition No. BDE-PL20230006459 - 178 Tahiti Circle (BDE)— Request for a 27-foot boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways 100 feet or greater in width, to construct a new dock facility that will protrude a total of 47 feet into a waterway that is 219f feet wide for the benefit of property located at 178 Tahiti Circle, also known as Lot 155, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner 111] Commission District 1 Meeting Date: 10/26/2023 Prepared by: Title: Planner — Zoning Name: John Kelly 10/04/2023 4:25 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/04/2023 4:25 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/05/2023 6:41 PM Operations & Regulatory Management Michael Stark Review Item Completed 10/09/2023 12:54 PM Zoning Zoning Zoning Hearing Examiner James Sabo Review Item Ray Bellows Review Item Mike Bosi Division Director Andrew Dickman Meeting Pending Skipped 10/09/2023 2:22 PM Completed 10/09/2023 4:11 PM Completed 10/09/2023 4:25 PM 10/26/2023 9:00 AM Packet Pg. 3 3.A.a Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 26, 2023 SUBJECT: BD-PL20230006459, 178 TAHITI CIRCLE — DEMARET DOCK PROPERTY OWNER/APPLICANT: Kenneth J. and Kathleen A. Demaret, Co -Trustees, Kenneth and Kathleen Demaret 2009 Family Trust 192 Tahiti Cir Naples, FL 34113 REQUESTED ACTION: AGENT: Jeff Rogers Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a 27-foot boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E. I of the Collier County Land Development Code (LDC) for waterways 100 feet or greater in width, to construct a new dock facility that will protrude a total of 47 feet into a waterway that is 219± feet wide for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property comprises 0.18± acres located at 178 Tahiti Circle and is legally described as Lot 155, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is within a Residential Single-Family-4 (RSF-4) zoning district and enjoys 102± feet of waterfrontage on Johnson Bay. At present, Building Permit application No. PRFH2O220416412 has been issued for a 3-story single-family dwelling that is presently in "inspect" status. The petitioner seeks to construct a 2-slip dock facility perpendicular to the shoreline, with two boatlifts; one to accommodate a 44-foot vessel and the other to be decked over to serve two personal watercrafts (PWCs). The primary slip and lift have been designed to be at a 601 degree angle to the shoreline, and the PWC lift has been placed on the west side of the facility to limit any impacts to properties to the east. A prior BD, HEX Decision No. 2022-42, to allow a 54-foot protrusion for a 50-foot vessel was previously denied; see Attachment C. BDE-PL20230006459 — 178 Tahiti Cir Page 1 of 8 September 30, 2023 Packet Pg. 4 (Iaaeuaa(3 GI3JI3 1114e18L4 (38 65ti9000£ZOZ-ld : LW9Z) £ZOZO£60 :podGU IIeIS :ju9w4oejjv W) Cb a m no 3Al��eweg _ 3AV Reuel 3A uornl Q� 'L_.�o�� o� -- cr tic*,ac t Kerra Ea le DR pe � ¢ a`°tan PL Y . gdin a� --- Z � 7i 76 w p cai oe G L BDE-PL20230006459 — 178 Tahiti Cir September 30, 2023 OL M Q] .0 N rn u7 CD O O O co N O N J fl ^L' W E M C O N a C� C U O J Page 2 of 8 a 3.A.a SURROUNDING LAND USE & ZONING: North: Johnson Bay (waterway located within an Agricultural zoning with a Special Treatment overlay (A-ST)) East: Single-family residence located within a Residential Single-Family-4 (RSF-4) zoning district South: Tahiti Circle (Right -of -Way) then a Residential Single-Family-4 (RSF-4) zoning district West: Single-family residence located within a Residential Single-Family-4 (RSF-4) Aerial — Collier County GIs Aerial — Collier County Property Appraiser BDE-PL20230006459 —178 Tahiti Cir Page 3 of 8 September 30, 2023 Packet Pg. 6 3.A.a ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to granting this request. The property is located adjacent to an ST overlay zone (Marlin Bay), which will require an ST-permit for the proposed docking facilities prior to the issuance of the building permits. The proposed docking facilities will be constructed waterward of the existing sea walled shoreline. The shoreline does not contain vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet page 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 Board (EAC) review because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws, and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 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 comprises 0.18 acres located within an RSF-4 zoning district upon which a single-family dwelling is presently being constructed by means of Building Permit No. PRFH2O220416412 and the proposed project consists of a dock facility with two boatlifts, one to accommodate a 44-foot vessel and the other to be decked over for two personal watercrafts (PWCs). 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as described in the petitioner's application cannot launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The applicant's agent states: "The boat dock extension is necessary to accommodate the owners' vessels due to the existing on -site water depths being too shallow within the allowed 20 feet. The subject shoreline consists of a seawall with no rip- BDE-PL20230006459 — 178 Tahiti Cir Page 4 of 8 September 30, 2023 Packet Pg. 7 rap out in front. Still, the existing on -site water depths indicated on the attached survey are too shallow for any vessel with a 3-foot draft to be properly moored within the allowed 20 feet, as indicated on sheets 13 & 14 of 14. The proposed 44-foot vessel is advertised as having a 3-foot draft with a boatlift and the cross -support beams being at least 12". The overall depth of water needed to float this vessel on and off the boatlift is at least 4.5 feet. Based on those facts and the existing on - site water depths, the BDE is needed to reach sufficient water depths, as shown in the attached BDE exhibits. Also, with the adjacent dock and boathouse being within the applicant's riparian area, which is considered grandfathered structures, and with no docking facility on the east side, it was determined the best option was to angle the dock towards the west to allow more flexibility for the owners or future owners to the east on a dock design if one was ever proposed as well as be as lease impactful to their current view of the subject waterway. Additionally, on sheets 13 & 14 of 14, I have included these two exhibits to show the maximum sized vessel being 40 feet that can fit within the required 15-foot setbacks and 20 feet of protrusion. The issue is the fact that the water depths are still too shallow for any vessel with a 3-foot or greater draft to be moored within the allowable area, especially when a boatlift is proposed." Based upon the provided exhibits, see Attachment A, staff concurs. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel, thus impeding vessel traffic in the channel.) Criterion met. The applicant's agent states that there are no marked channels within this section of Johnson Bay. Therefore, the entire waterway provides safe navigation. It is further noted that there is a natural shoal area to the NW as a vessel exits Marlin Bay out to Johnson Bay. However, it's a local knowledge channel that one navigates parallel to the shoreline to reach the nearest marked channel. As proposed, the dock facility will also maintain the ingress/egress to neighboring docks. Staff concurs. 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 subject waterway is 219± feet wide at this point, and the proposed dock protrusion is 47 feet or 21.46 percent of the waterway. The distance between dock facilities is 146 feet; 66.67 percent of the waterway remains clear for navigation. 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.) BDE-PL20230006459 —178 Tahiti Cir Page 5 of 8 September 30, 2023 Packet Pg. 8 3.A.a Criterion met. The applicant's agent states: "The proposed docking facility is consistent with the other docks within this bay and the adjacent bay on the Isles of Capri. The dock design ensures that the vessel and dock are all within the required setbacks, puts the stern of the vessel in the deeper water, maintains access to the existing dock immediately adjacent to the west property line, and ensures any future dock constructed on the eastern adjacent property will have unobstructed access." Staff concurs. Secondary Criteria: 1. Whether there are special conditions not involving water depth related to the subject property or waterway that justify the proposed dock facility's proposed dimensions and location. (There must be at least one special condition related to the property, including type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant's agent states: "Riprap is not a factor as it was previously determined that there is no riprap along the subject property shoreline. The one special condition that was taken into consideration is the existing neighboring dock, which is partially within the applicant's riparian area, with no setback provided. This was the most restrictive existing condition design factor considered in that we could design the ingress/egress of our proposed slips to avoid conflict. This was the driving factor behind putting our vessel ingress/egress to come/cross over the western riparian line, as there is no telling what the adjacent property with no existing dock could or would propose in the future. Additionally, the subject property location on a wider waterway allows the proposed dock to protrude further out into the waterway without impacting navigation." Provided exhibits, see Attachment A, give credence to the applicant's statement; therefore, staff concurs. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The applicant states the proposed dock facility has been minimized to the fullest extent possible and provides deck area for routine maintenance, safe access, recreational activities like fishing, and storage of kayaks and/or paddleboards. Staff concurs. 3. For single-family dock facilities, whether the length of the vessel or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The proposed dock facility has been redesigned to accommodate a 44- foot vessel and two personal watercrafts (PWCs), each approximately 12 feet long. The subject shoreline is 70� feet long; therefore, the vessel size will exceed the 50% threshold. The prior design, denied by HEX Decision No. 2022-42, was for a 50-foot vessel that also reduces the requested protrusion. Staff concurs. BDE-PL20230006459 — 178 Tahiti Cir Page 6 of 8 September 30, 2023 Packet Pg. 9 3.A.a 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 the other previously approved BDE boat docks perpendicular to the shoreline. This allows you to design within the allowed riparian area and avoid ingress/egressing over either of the shared riparian lines. Based on our analysis, as shown on the BDE exhibits (sheet 12 of 13), the overall impacts to each adjacent property owner are indicated. It is our position that the proposed dock will NOT have a MAJOR impact on their views of the waterway. As indicated in the exhibit, at 20- feet, the eastern property owner's view would be open to 99-degrees, and the proposed dock would be reduced to 93-degrees. Therefore, based on this analysis, their view is only slightly obstructed and should not have a MAJOR impact on anyone's view." Based upon the plans provided within Attachment A, staff concurs. 5. Whether the proposed dock facility will impact seagrass beds. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. No seagrass beds are present on the property nor the neighboring properties within 200-feet of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion is not applicable. Criterion is not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the sea -walled basin of Port of the Islands; the subject property is not located within Port of the Islands. Staff analysis finds this request complies with all five primary criteria. With respect to the six secondary criteria, one of the criteria is found to be not applicable, and the request satisfies four of the remaining five secondary criteria. CONCURRENT LAND USE APPLICATIONS: Building Permit Application No. PRFH2O220416412 has been issued for a 3-story single-family dwelling, and construction has commenced; the permit is currently in "inspect" status. APPEAL OF BOAT DOCK EXTENSION: 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. If the Hearing Examiner approves the petition, the BDE-PL20230006459 — 178 Tahiti Cir Page 7 of 8 September 30, 2023 Packet Pg. 10 3.A.a applicant shall be advised that they proceed with construction at their own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL20230006459 to allow for the construction of the proposed dock facility that will protrude 47 feet into the waterway as depicted within the plans contained within Attachment A, subject to the following condition: 1. A Certificate of Completion can not be approved for the subject dock facility until such time as a Certificate of Occupancy has been issued for the principal structure, to wit, a single-family dwelling. Attachments: A. Site and Dock Plans B. Building Permit No. PRFH2O220416412 C. HEX Decision No. 2022-42 D. Applicant's Backup and Supporting Documents E. 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N. STE 290 NAPLES, FL 34104 (239) 692-9746 ROMEO AIR CONDITIONING, INC. 1852 E 40TH TERRACE SW NAPLES, FL 34116 (239) 348-8999 PROFESSIONAL ELECTRIC OF SW FLORIDA, LLC 5490 YAHL ST UNIT #20 NAPLES, FL 34109 (239)919-6595 Packet Pg. 26 3.A.c PRFH2022041641201 I Z, RU x411 111 [a]► Mile] -[N_1zip] To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb 25' REAR: n INSPECTIONOUTCOME 102 - Grade Beam 20' P / LEFT: 7.5' 10' A RIGHT: 7.5' SPECIAL: FLOOD FZAE FZONE: COMMENTS 103 - Floating Slab 104 - Tie Beam 105 - Shearwall cast in place wall 106 - Columns 107 - Truss/Sheathing/Bucks 108 - Framing 109 - Insulation 111 - Dry-in/Flashing 115 - Building Final 119 - Fill Cells 120 - Flood Vent Relief 121- Elevated Structural Deck 124 - Steel In Stairs 125 - Elevator Pit 134 - Roofing Final 135 - Shutters Final 136 - Impact Glass 151- Shearwall/Nailing 152 - Shearwall/Water Barrier 153 - Shea rwall/Stucco Lath 154 - Soffit Coverings In progress Please do NOT complete Soffit installation prior to inspection. 200 - Plumbing Underground 201- Plumbing Rough -in Packet Pg. 27 3.A.c PRFH2O22041641201 202 - Plumbing Stack 203 - Sewer Tap 204 - Plumbing Final 300 - A/C Rough 301- A/C Final 501- Electrical Rough 502 - Electrical Final 505 - Temporary Power Residential 508 - TV/Telephone Rough 509 - TV/Telephone Final 801- Site Drainage Type I Stormwater Plan, signed and sealed by a PE. DiazDidier 04/15/2022 8:48 AM Discharging into the ocean, therefore a Type I Stormwater Plan is needed. 802 - Landscaping 805 - Septic in Progress 810 - Exotic Vegetation Removal 813 - Final Septic 814 - Erosion/Silt The 814 - Erosion/Silt must be passed before any other inspections are scheduled. OPEN CONDITIONS Condition Type: Condition Description: NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up Informational to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department?s Environmental Services at (239) 252-2400 for additional information. Inspection Hold Notice of Commencement: Upload to the condition on the portal. CO Hold Waiting for Blower Door Test documentation. Upload to the condition on the portal. ti 0 W N N r co v 0 N N O N 2 u_ d E L d Im r__ m m r Q Packet Pg. 28 3.A.c PRFH2O22041641201 Per plans not greater than 5.0 ACH50 CO Hold Waiting for Final Energy Calc Summary Sheet. Send document to EnergyCalc@CollierCountyFl.gov and include your permit number in the emails subject line. Informational FEMA - All equipment must be above flood plus one foot. Any materials used below flood level must comply with FEMA regulations CO Hold A Spot Survey will be required within ten days of passing a 704 shell reinforcement or 103/133 inspection of slab. Prior to obtaining County approval of the Spot Survey, the permit holder?s construction activities are at his/her own risk. After 10 days an "Inspection HOLD" will be placed on this Permit for survey review. NOTE: A Spot Survey must verify slab meets setbacks and minimum elevation per Chapter 62, Collier County Code of Laws and Ordinances, e.g., 18? above the crown of the road or the elevation established by the SFWMD permit. Informational New Future generator and New Seawall mentioned on the plans require seperate permits. CO Hold > Elevation Certificate Flood zone AE 8' NAVD; Prop living=16.25' NAVD; COR=3.32' NAVD; Garage (LP) 4.83' NAVD; Lower level to be vented by (16) Smart Vent Model 1540-520 (200SF/ea) & two (2) 1540-530 (fire damper (fire rated) units CO Hold At the time of permit application, the permitted structure is in the special flood hazard area. An Under Construction Elevation Certificate is required within 10 days of passing a 103 or 133 inspection of slab or other foundation system. Prior to obtaining County approval of the Under Construction Elevation Certificate, the permit holder?s construction activities are at his/her own risk. Under Construction Elevation Certificates must verify the slab meets minimum elevations per the Florida Building Code and Chapter 62, Collier County Code of Laws and Ordinances (e.g., BFE +1 or 18? above the crown of the road, whichever is higher, and the elevation established by the SFWMD permit). Flood zone AE 8' NAVD; Prop living=16.25' NAVD; COR=3.32' NAVD; Garage (LP) 4.83' NAVD; Lower level to be vented by (16) Smart Vent Model 1540-520 (200SF/ea) & two (2) 1540-530 (fire damper (fire rated) units f CO Hold Pursuant to the Floodplain Management Ordinance 2019-01 a Non -conversion Agreement shall be recorded in the public records of Collier County, FL prior to issuance of the certificate of occupancy or certificate of completion for this permit. Once the Non -Conversion Agreement is recorded, upload to the condition on the portal. For questions, contact the Floodplain Management section at 239-252-2942 or email BuildingFloodDocs@colliercountyfl.gov. The form can be downloaded here: https://www.colliercountyfl.gov/home/showdocument?id=84981 Inspection Hold Permit is on inspection hold until the following deferred items are submitted as a revision: truss CO Hold Waiting for Duct Leakage Test documentation. Upload test documentation to the condition on the portal. Per plans not greater than .000 QN CO Hold Any required County impact fees will be due prior to issuance of a temporary or final Certificate of Occupancy CO Hold Engineering Certificate/Letter (Structural). Upload to the condition on the portal. Engineers Letter/Certificate of Compliance and Inspection Reports required for pilings. CO Hold until receipt of Engineers Report. Inspection Hold Sub Contractor (Roofing) Upload to the condition on portal. Inspection Hold Sub Contractor (Septic) Upload to the condition on portal. Owner can not act as the septic sub, must be a licensed plumber or registered septic contractor. CO Hold Please contact the Inspection/CO section at 239-252-2406 or email us at inspections@colliercountyfl.gov to have this condition resolved prior to paying CO fees. This will generate the Mandatory Curbside Solid Waste Collection fee based on the total permit fees due. NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas — 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIA Packet Pg. 29 3.A.c PRFH2O22041641201 Areas (more than 500 feet from Residential Area) 6:OOAM to 8:OOPM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. — Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS — Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicabl utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is nc commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed mus be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REM AL OF ASBESTOS PRODUCTS OR THE DEM ITION OF A STRUCTURE, FEDERAI AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE Ol THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR M E INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COM NCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COM NCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTENT TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COM NCEMENT. Packet Pg. 30 3.A.d HEX NO. 2022-42 HEARING EXAMINER DECISION DATE OF HEARING. August 25, 2022 PVTiTI"N Petition No. BDE-PL20220002144 - 178 Tahiti Circle - Request for a 34-foot boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways 100 feet or greater in width, to construct a new dock facility that will protrude a total of 54 feet into a waterway that is 224f feet wide for the benefit of property located at 178 Tahiti Circle, also known as Lot 155, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner seeks to construct a 2-slip dock facility, perpendicular to the shoreline, with two boatlifts; one to accommodate a 50-foot vessel and the other to be decked over to serve two personal watercrafts (PWCs). 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 and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were objections made at the public hearing by Robert Buckel, the neighbor at 168 Tahiti, who is also an attorney, and Michael, Jeffrey and Sandra Clark who Page 1 of 6 Packet Pg. 31 3.A.d are the property owners of both 182 Tahiti and 186 Tahiti. They are concerned regarding the length of the boat dock extensions that will block the views on their properties. Also, Mr. Buckel pointed out errors with the Submerged Resource Survey. 6. There is a concurrent land use application of Building Permit Application No. PRFH20220416412 is under review for a 3-story residential dwelling unit. 7. The County's Land Development Section 5.03.06.H. lists the criteria for dock facility extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria have been met.' Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi- family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property is located within an RSF-4 zoning district and will be improved with a single-family dwelling for which the LDC allows two boat slips. The proposed project consists of a dock facility with two boatlifts, one to accommodate a 50- foot vessel and the other to be decked over for two personal watercrafts (PWCs). There will also be a railing installed to inhibit a third unauthorized slip. 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. The boat dock extension (BDE) is necessary to accommodate the owners' vessels and due to riprap along the subject seawall; the proposed dock cannot come any closer to the shoreline. A more shore parallel dock design would not work due to the riprap and would then also require the vessel to cross over into the adjacent property owners' riparian area. The reason for this BDE is both the riprap of the shoreline and vessel size. 'The Hearing Examiner's findings are italicized. Page 2 of 6 Packet Pg. 32 3.A.d 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEENMET. There are no marked channels within this section of Johnson Bay, therefore the entire waterway provides safe navigation. As proposed, the dock facility will also maintain the ingress/egress to both neighboring docks. 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 subject waterway is 224± feet wide at this point. The proposed dock facility will protrude 54 feet into the subject waterway which is 24.1 % of said waterway. The distance between the subject dock facility and that on the opposite shore is 137 feet; given that the total width of the waterway is 224± feet, over 50% (or 112 feet) is open and available for navigation. 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 BEEN MET. The proposed dock facility will exceed the required 15 foot side/riparian setback and allows for the intended vessel to make a direct approach without crossing the riparian area of others. The subject dock facility will not inhibit the access of neighboring dock facilities. Secondary Criteria: 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 NOT BEEN MET. The applicant states that due to the riprap the dock facility must be 3 feet away to prevent the vessel from striking the riprap while ingress/egressing the boatlift, and that the 3-foot offset provides sufficient space to protect the vessel but limits the ability to reduce protrusion. The applicant also states that this part of Johnson Bay is located within the Rookery Bay Aquatic Preserve which required the applicant to follow the aquatic preserve dock guidelines which are more restrictive on design options and Page 3 of 6 Packet Pg. 33 3.A.d location. However, there is no evidence that riprap is an issue, nor are there any other special conditions pertaining to this criterion. 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. The proposed dock facility has been designed for routine maintenance, safe access as well as recreational activities like fishing, plus storage of kayaks and/or 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 dock facility was designed to accommodate a 50 foot vessel and two personal watercrafts (PWCs) each approximately 12 feet in length. The subject shoreline is 70± feet in length; therefore, the vessel size will exceed the 50% threshold. 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. As proposed, the dock facility has been designed to be constructed fully within the required 15 foot side/riparian setbacks. However, the dock facility design will have a major impact on the waterfront view of neighboring property owners. 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)(I1) 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 is NOT APPLICABLE. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the seawalled basin of Port of the Islands; the subject property is not located within Port of the Islands. Page 4 of 6 Packet Pg. 34 3.A.d 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 enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.1-1 of the Land Development Code to deny Petition. The Petition meets 4 out of 5 of the primary criteria and 3 out of 6 secondary criteria. DECISION. The applicant has met 4 of 5 primary criteria and 3 of 6 secondary criteria. Therefore, the Hearing Examiner hereby DENIES Petition Number BDE-PL20220002144, filed by Jeff Rogers of Turrell, Hall & Associates, Inc. representing Kenneth J. and Kathleen A. Demaret, Co -Trustees of the Kenneth and Kathleen Demaret 2009 Family Trust, with respect to the property described as 0.18± acres located at 178 Tahiti Circle and is legally described as Lot 155, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East. Collier County, Florida, for the following: A 34-foot boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E.I of the Collier County Land Development Code (LDC) for waterways 100 feet or greater in width, to construct a new dock facility that will protrude a total of 54 feet into a waterway that is 224± feet wide for the benefit of the subject property. ATTACHMENTS. Exhibit A — Site and Dock Plans LEGAL DESCRIPTION. 0.18± acres located at 178 Tahiti Circle and is legally described as Lot 155, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East. Collier County, Florida CONDITIONS. Not applicable. 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. Page 5 of 6 Packet Pg. 35 3.A.d APPF ALL. 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. 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CLS'un w � u oz� �w a� a H 00 00 en E M "I P 121145.00 demere4178 tehi0 ar1CAMPERMIT-COUNTMI145-B ,t 813MO MLIBI 8L4 (38 65b9000£ZOZld LMZ) ZZ-5Z-8 `Ztl-ZZOZ uois138d X3H - 3;u8wgoelly :;u8wg3ejjv ti t N a oWY ZQa V LL a •1 - N d rn 3 0 A& T m O D U d N V% fir r W ®r'A' , irl I JZ /P4 A �4 z•�XET� b b WU Op o c OW aX LL 0121145.00 dem-1-178 teh 0 dr\CADIPERMIT-COUNTY12114"DE.dwo fiRA)OMtAY 812/2022 BD-PL20230006459- 178 Tahiti Circle 3.A.e HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backuo provided by Aoolicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. X Application, to include but not limited to the following: X Narrative of request X Property Information X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control X Affidavit of Representation X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver Utility Letter X Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\Job Aides or Help Guides Packet Pg. 48 3.A.e X Boundary Survey X Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. X Submerged Resource Surveys may be included here if required. X flash drive with only one pdf file for all documents or E-mailed .pdf file I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for flash d 've must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. 10/2/2023 Signa ur of Agent Representative Date Jeff Rogers Printed Name of Signing Agent Representative Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 49 Co*eY Cau-Int y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Boat Dock Facility Extension OR Boathouse Establishment Petition Land Development Code Section 5.03.06 Chapter 3 B of the Administrative Code THIS PETITION IS FOR (check one): �✓ DOCK EXTENSION ❑ BOATHOUSE APPLICANT INFORMATION Name of Property Owner(s): Kenneth & Kathleen Demaret 2009 Family Trust Dated January 13, 2009 Name of Applicant if different than owner: Ken Demaret Address: 192 Tahiti Cir Telephone: E-Mail Address: kjd5358@gmail.com Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. 3.A.e City: Naples State: FL Zip: 34104 Cell: 239-302-9770 Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 E-Mail Address: Jeff@thanaples.com Section/Township/Range: 32 51 26 Cell: 239-784-0081 PROPERTY LOCATION Property I.D. Number: 52390840009 Subdivision: Isles of Capri Unit: 2 Lot: 155 Block: Address/ General Location of Subject Property: 178 Tahiti Circle, Naples, FL 34113 Current Zoning and Land use of Subject Property: RSF-4 Single -Family Residential 03/2023 Pa Packet Pg. 50 Co*er Cou-int y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N A-ST Johnson Bay S RSF-4 Tahiti Cir E RSF-4 Residential Single -Family W RSF-4 Residential Single -Family 3.A.e DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): See attached SITE INFORMATION 1. Water Width: 219 ft. Measurement from ft. other (specify) 2. Total Property Water Frontage: 70 ft. 3. Setbacks: Provided: 15 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 47 5. Number and Lengths of Vessels to Use Facitlity: 1. 44 ft. 2. 2 PWC ft. ❑ plat Z survey ❑ visual estimate 6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. 146 ft. 7. List any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: There are a few other dock facilities on the subject waterway that extend out past 42-feet from the MHWL/property line. Additionally, there are also a handful of other docks that extend even further than what is being proposed on the orlionnnf how onrl ci irrni inrlinn orno Icloc of (`onri is o hno#inn nnmmi inifv fhof is nrnmann Qnn o#fonhorl Rr)r: ovhihifc 03/2023 Pa Packet Pg. 51 Cott ier COUVIty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 8. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 18 Acres 9. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property Yes No (If yes, please provide copies.) within the last year? ❑ I DOCK EXTENSION PRIMARY CRITERIA I The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to alloy launch and mooring of the vessel(s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway, and whether or not a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitter neighboring docks.) 03/2023 Pa Packet Pg. 52 • Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov DOCK EXTENSION SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage.(The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 J must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) BOATHOUSE CRITERIA The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in determining its recommendation to the decision maker. The decision maker will utilize the following criteria as a guide in the decision to approve or deny a particular Boathouse request. In order for the request to be approved, all of the criteria must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses and covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a palm frond "chickee" style. A single-family dwelling unit must ve constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the gratest extent practical. 03/2023 Pa Packet Pg. 53 Co*er Count y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ASSOCIATIONS 3.A.e Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: City: State: ZIP: State: ZIP: City: State: ZIP: 03/2023 Pa Packet Pg. 54 CU*Y CO-941 .t 3.A.e y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Pre -Application Meeting and Final Submittal Requirement Checklist for: �✓ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ✓� Property Ownership Disclosure Form �✓ Affidavit of Authorization, signed and notarized Q Completed Addressing Checklist Site plan illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Signed and sealed survey ✓� ❑ Chart of site waterway ❑ ❑✓ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 03/2023 Pa Packet Pg. 55 Co*er CDu14t y 3.A.e Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ Addressing: Parks and Recreation: ❑ City of Naples Planning Director ❑ School District (Residential Components): ❑ Conservancy of SWFL: ❑ Other: Emergency Management: Other: ❑ ❑ FEE REQUIREMENTS: �✓ Boat Dock Extension / Boathouse Petition fee: $1,500.00 �✓ Pre -Application Meeting fee $500.00 ❑� Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑� If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) Fire Planning Review fee: $100.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. 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. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Printed Name Date 03/2023 Pa Packet Pg. 56 Co 8Y County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Zoning Pre -Application Meeting Notes Petition Type: Boat Dock Extension (BD) Date and Time: Wednesday 4/19/23 at 1 : 00 PM - ZOOM Assigned Planner: John Kelly Engineering Manager (for PPL's and FP's): Project Information Project Name: 178 Tahiti Circle (BD) PL#: 20230006459 PropertylD#: 52390840009 Current Zoning: RSF-4 ProjectAddress:178 Tahiti CircleityNaples State:FL Applicant: Jeff Rogers, Turrell Hall & Associates Zip: 34113 Agent Name: Jeff Rogers Phone: 239-643-0166 Agent/Firm Address: 3584 Exchange Ave City: Naples State: FL Zip: 34104 Property Owner: K&K Demaret 2009 Fam Trust Please provide the following, if applicable: i. Total Acreage: 0.18 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 03/14/2023 Page 1 1 of 5 Packet Pg. 57 e Co er County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 2.�..-.,✓cam. _ //�� / �cE.9SEf iv L��7�.fi4ic Gi���F�..✓FS �,� '%�99£ :3 �3cr�i✓fi2w�1J �5 7i i�,e�.fG �oxA..yrNF2' �- fft3c 7re,�� Ir If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(aDnaplesgov.com Allyson Holland AMHolland annaplesgov.com Robin Singer RSinger(a7naplesgoy.com Erica Martin emartin(@naplesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 03/14/2023 Page 1 2 of 5 Packet Pg. 58 3.A.e Pre -Application Meeting Notes GMD - Zoning Services Planner: John Kelly (239)252-5719 John. kel lygcol l iercouno . gov Boat Dock Extension • Complete the required application; respond to each question and sign • Refer to the Final Submittal Requirement Checklist and provide/submit required documents o All submitted plans must be legible when duplicated on 8.5" X 11" standard paper o The final recording of documents is in black & white; minimize the use of color • Provide a Boundary Survey to demonstrate lot dimensions, water frontage, and riparian lines as well as the principal use of the subject property • Either as part of the application, or on a separate sheet, provide a detailed Narrative Statement fully describing the project and what is being requested • On a sheet separate from the application, please provide persuasive and convincing responses to each of the Primary and Secondary Criteria contained within LDC Section 5.03.06.H o state if each criterion has been satisfied or not satisfied o provide sufficient evidence to support any claims such as insufficient water depth, unique characteristics of the property or waterfront, width of waterway and/or canal • Site/Dock Plans o Site Plans should be measured in feet o Note that the dock facility includes any docked vessel(s); show any vessel(s) on plan o Demonstrate width of property and/or the total property water frontage o Demonstrate side and/or riparian setbacks for the dock facility o Demonstrate amount of dock protrusion using such points of measure as are contained within LDC Section 5.03.06.C.1, Measurement of Dock Protrusion o Demonstrate width of waterway (MHWL to MHWL) and the width between the most waterward point of dock facilities if a dock facility is located on the opposite shore Note that dock facilities should be minimized to allow reasonable, safe access to the vessel(s) for loading, unloading, and routine maintenance without the use of excessive deck area Boathouse • See above for general information • On a sheet separate from the application, please provide persuasive and convincing responses to each of the Boathouse Criteria contained within LDC Section 5.03.06.F o state if each criterion has been satisfied or not satisfied o provide sufficient evidence to support any claims such as insufficient water depth, unique characteristics of the property or waterfront, width of waterway and/or canal • Site Plans o Demonstrate setback requirements from property and riparian lines, demonstrate the separation from other structures on the site, Demonstrate height of boathouse and type of roof; note that the roof alone may overhang up to 3 feet into the waterway beyond the maximum protrusion and/or setback (plans must show the amount of roof overhang) 7 .3 as " Packet Pg. 59 Co er County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes Fi�!/!/Lvw rtit�c.vT►iL — L'/L/f1C� (�lLu w �•.� — �¢.�. �¢il-/�a�,✓D � [t�t/i [ L rVoTi S Note: The County collects impact fees prior to the issuance of a Certificate oj'Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identif ed in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 03/14/2023 3Li Page I Xof 5 Packet Pg. 60 3.A.e ThomasClarkeVEN From: Sent: To: Subject: Attachments: Thomas, Here are my notes for this one: BrownCraig Wednesday, April 19, 2023 12:09 PM ThomasClarkeVEN PL20230006459 178 Tahiti Cir Boat Dock Extension Checklist 2017 for customer.doc Here are my notes for this BDE request. Please provide a ben thic survey with an exhibit to indicate the location of seagrasses or oyster beds within 200 feet of the proposed docking facility. LDC Section 5.03.06.J Please provide a description of the shoreline and any native vegetation present. Indicate any proposed impacts to the natil shoreline vegetation (approximate area in square feet to be impacted). Please provide complete answers to Secondary Criteria #5 and #6 See LDC section 5.03.06. H.2 If lighting is proposed, please provide a description of the type and locations on the docking facility. Please provide any written authorization from any state and federal agencies if any approvals have been obtained. Label the name of any natural waterbody in close proximity to the proposed docking facility. (as applicable). Is Dredging proposed? Additional Lighting? Please provide illustrations/ descriptions. Please label the name of the waterbody the project will occur in and indicate typical navigation Routes Craig Brown Environmental Supervisor Development Review Division (239) 252-2548. 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 I A- Packet Pg. 61 3.A.e Residential Boat Dock Extension Checklist FOR APPLICANTS Submerged Resources Survey Checklist 1. Is there an overlay? ST overlay needs an ST permit (much of Isle of Capri & Keewaydin has an ST Overlay over the water) 2. Include an aerial with a note indicating whether seagrass beds exist within 200 feet of the proposed dock facility. (LDC 5.03.06 J) Provide a submerged resources survey from an Environmental Consultant done between April and October. 3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) 4. Provide complete answers to Secondary Criteria #5 & #6. 5. Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized. (LDC 5.03.06 J .4) 6. Provide a clearing plan for removal of any vegetation related to the boat dock. This is simply an information exhibit being requested. 7. Are there any draft restrictions? Look at the MPP. Note: Draft restrictions exist for Wiggins Pass. Keewaydin: BDE not required for Keewaydin - Most always need an ST permit related to a Building Permit— water and land have ST Overlay SUGGESTED FORMAT AND INFORMATION TO INCLUDE IN SUBMERGED RESOURCES SURVEY ➢ Location of survey — property address and folio# o The survey shall indicate any seagrass or seagrass beds located within 200 feet on any proposed dock facility (5.03.06.J). In order for this to be accomplished, any within 200 feet of the proposed dock (within the riparian lines of the property and adjacent to the property) shall be surveyed. ➢ Who did the survey — which firm and their contact information including name, address, phone #, email ➢ What date was the survey conducted? Guidance from FWC is to do between April and October o Weather conditions, water temperature, low tide & high tide times ➢ Objective of Survey & Work done on the site o Was the site snorkeled? o What methodologies were used? o Was a GPS used? o Was an aerial photograph reviewed and used to establish survey transect lines? ➢ Results o What was found? Substrate and what kind? Seagrass, shell, oysters? o What was along the shoreline? Mangroves, seawall, etc? Packet Pg. 62 3.A.e o Why does the consultant think no submergerd resources were found? o Other observations ➢ When seagrass is found, include all requirements of LDC section 5.03.06. J. ➢ Conclusions o Were any submerged resources found? If yes, what? o Are any impacts to submerged resources expected or proposed? ➢ Pictures (suggested angles) o Looking toward and away from the shoreline o The proposed location of the boat access o Observations in the water - Any oyster debris, shell, seagrass ➢ Aerial photograph o Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. (LDC 5.03.06.J) o An aerial is required even when seagrasses are not found. The aerial shall indicate whether seagrasses were found within 200 feet of the proposed dock facility. 5.03.06. J. (LDC section up to date as of 2017) Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. Packet Pg. 63 3.A.e Co eY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfi.gov (239) 252-2400 Zoning Pre -Application Meeting Sign -in Sheet PL# 20230006459 Collier County Contact Information: Name Review Discipline Phone Email ❑ Laura DeJohn Zoning - Vendor 252-5587 Laura.dejohn@colliercountyfl.gov V John Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov ❑ Richard Henderlong Zoning -Planner III 252-2464 richard.henderlong@colliercountyfl.gov w' Ray Bellows Zoning & Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Mike Bosi Zoning & Planning Director 252-1061 Michael.Bosi@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning — Planner 111 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Eric Ortman Zoning— Planner III 252-1032 Eric.Ortman@colliercountyfl.gov ❑ Sean Sammon Zoning— Planner III 252-8422 Sean.sammon@colliercountyfl.gov ❑ Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov Thomas Clarke Zoning - Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony. stoltz@col IiercountyfLgov ❑ Drew Cody Utility Planning — Project Mgr III 252-2917 Drew.cody@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich @colliercountyfLgov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@colliercountyfl.gov ❑ Sean Lintz North Collier Fire -Batallion Chief 597-9227 slintz@northcollierfire.com ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov I I Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov 1 Diane Lynch Management Analyst 1 252-4283 diane.lynch@colliercountyfl.gov j Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov I I Gino Santabarbara Impact Fees — Planner 111 252-2925 1 Gino.santabarbara@colliercountyfl.gov Updated 03/14/2023 Page 1 4 of 5 Packet Pg. 64 Co*,r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 3.A.e ❑ Thomas Mastroberto Greater Naples Fire —Site Plans Reviewer III 252-7348 thomas.mastroberto@colliercountyfl.gov Sue Faulkner GMP-Comp Planning -Planner III 252-5715 sue.faulkner@colliercountyfl.gov 1 Parker Klopf GMP—Comp Planning — Planner II 252-2471 Parker.klopf@colliercountyfl.gov ❑ Rachel Hansen GMP—Comp Planning — Planner III 252-1142 Rachel.hansen@colliercountyfl.gov ❑ Kathy Eastley GMP-Comp Planning -Planner III 252-2834 Kathy Eastley@colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Alexandra Mitchel Environmental Specialist 252-2907 Alexandra.Mitchel@colliercountyfl.gov ❑ David Roe Environmental Specialist 252-2915 David. Roe @colIiercountyfLgov ❑ Craig Brown Environmental Review Supervisor 252-2548 craig.brown@colliercountyfl.gov ❑ Sarah Harrington Environmental Review Manager 252-4211 Sarah. Harrington @colliercountyfLgov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jocelyn Nageon De Lestang, P.E. Engineering Stormwater 252-2434 Jocelyn.NageondeLestang@colliercountyfl.gov LE Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colIiercountyfLgov ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Cormac Giblin, AICP Director— Econ. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Brett Rosenblum-P.E Dev. Review -Supervisor Proj. Mgt 252-2905 brett.rosenblum@colliercountyfl.gov ❑ Michele Mosca, AICP Community Develop. — Planner III 252-2466 michele.mosca@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 1 Cons uela.thomas@colIiercountyfLgov ❑ Renald Paul Client Services 252-2443 Renald.paul@colliercountyfl.gov ❑ Lisa Blacklidge Building Review 252-2758 Lisa. blacklidge@colliercountyfLgov ❑ Derek Perry Assistant County Attorney 252-8066 Derek. perry@colIiercountyfLgov L_I Peter Shawinsky Architectural Review 1 252-8523 peter.shawinsky@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email F fivG,e�5 6uew t, . d iu.4- ASSoc, Updated 03/14/2023 Page 1 5 of 5 Packet Pg. 65 3.A.e 178 Tahiti Cir(BD) — PL20230006459 — John Kelly / Applicant: Jeff Rogers 0 participant_ thomas clarke (Host, me) 0a Jeff Rogers # 0--1 kellyjohn CYO Ray Bellows, Zoning Manager Cry Packet Pg. 66 3.A.e Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20230006459 - 178 Tahiti Circle (BD) Planner: John Kellv Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Jeff Rogers - Turrell Hall & Assoc. 239-643-0166 Jeff@thanaples.com • Agent to list for PL# Jeff Rogers - Turrell Hall & Assoc. • Owner of property (all owners for all parcels) K&K Demaret 2009 Fam Trust • Confirm Purpose of Pre-App: Boat Dock Extension • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply N/A • Details about Project: The proposed dock is very similar to the previous proposed dock which was denied a BDE approval per Resolution # 2022-42. As proposed the dock protrusion has been reduced to 47-feet from the previous request of 54-feet which is a 7-foot less. The dock design was able to be reduced as the applicant has decided not to purchase the larger boat and just keep their current boat being a 45-foot LOA vessel. As proposed the dock will have two boatlifts one for the 45-foot LOA vessel and the other being decked over for three PWC's. REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Connie Thomas- Supervisor — Permitting Consuela.thomas@colliercountvfl.gov - Phone: 239-252-2473 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Packet Pg. 67 3.A.e CO( li'�er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ✓ Property Ownership Disclosure Form ❑✓ Affidavit of Authorization, signed and notarized ❑✓ Completed Addressing Checklist Site plan illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline ❑ (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Signed and sealed survey Q' ❑ Chart of site waterway, �t �iw9�C' E�- ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 08/2022 Pa Packet Pg. 68 Coitier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bays hore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ Addressing: Parks and Recreation: ❑ City of Naples Planning Director ❑ School District (Residential Components): ❑ Conservancy of SWFL: ❑ Other: Emergency Management: Other: ❑ ❑ FEE REQUIREMENTS: ❑✓ Boat Dock Extension / Boathouse Petition fee: $1,500.00 �✓ Pre -Application Meeting fee $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) Fire Planning Review fee: $100.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, 1 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. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Printed Name Date 08/2022 Pa Packet Pg. 69 3.A.e colfler county Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 52390840009 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] ISLES OF CAPRI NO 2 LOT 155 STREET ADDRESS(ES) where applicable, if already assigned. 178 Tahiti Circle, Naples, FL 34113 PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 70 N (LaJewaapMU ana RI BLL ae 6S49000EZOZlL99 d : LZ) a6e�aed dnjae8 s,Lueailddy - a Luawyaegy:luewgaegy Z C U. W WW J d M r IL O q N N p O Q x Z N N U :E a m o c d v m Q f Lnn a a u l u 11 a a a 0 C, _ (°) LLJ uj ~ N 01 too- LA — N�yJ V) E ain Y Z C cCi� pa= 2YF-it 0 O D N *N o� b�4)0 LL.Z�(AmJZ O C r� .. :h o is R 0 a v - a a _) 0 u p U rq io Ea as L L � 0 O a n 3 S .9 E a o M u m w v a a L ut '' T�Q L O a` c 0 U 41 O U a a y u, n n Q Q a 3.A.e Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 'ROPFRTY n%AiKirRc41ia nISCLOc-1 iRF FnRnn 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: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership 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 Kenneth and Kathleen Demaret 2009 Family Trust Dated January 13, 2009 Kenneth Demaret 50 Kathleen Demaret 50 Created 9/28/2017 Page 1 of 3 Packet Pg. 72 Cottier County 3.A.e 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: e f f. Name and Address I % of Ownership 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 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 73 Cottier County 3.A.e 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 Age nt/OwA er ignature Date Jeff Rogers Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 74 3.A.e AFFIDAVIT OF AUTHORIZATION FOR PETITlUM NUMBERS(S) —1-00459 t, ISaMmi Derived _ (print name), as TM (Ne, if applicable) of K 6 x DWmW'1 2M F—_ li ICbi or affirm FY under oath. Hat i am the (choose one} ownerF-71applicant[ontract purchaser and trtat: � t I have full authority to secure the approvals) reguostod and to impose covenants and restrictions on is E the referenced property as a result of any action approved by the County in accordance with this 0 application and the Land Devekaprnenl Code, T 2, All answers to the questions in Lhis application and any sketches, Baia or other supplementary matter atlhed hereto and made a perk of thrs application are honest and true: V 3. l have autt,onxc# the staff of Collier t;ouTnty to onter upon the property during nofm► working hours �= for the purpose of imrestigatirig and evaluating Ifte request made through this application; and that 4. The property weiH be transferred. conveyed, sold or subdivided subject to the renditions and ~ m%tridians imposed by'[ a approved action I- 5. Well authorize .inF'F". T—H.Hat.&AW[AM&kW. to act as oudmy rgpdesentative Q in any matters regarding this pobWn indudmirlg 1 through 2 above. op 'Notes: rn `O v • if tho applicant is a corpomlmn, thorn rt is Tasually ex&;uTed by the core- Arcs. or v- pres- o . ff the apprrcanl is a Lim tgd f_tabihty Company (L-L. C. ) or T knifed Company (L. C. ), then the doctimernts should o typically be signed by Ure Coffnlrany's Wanagmg M rriber. " N ■ if the appiiaanf is a partFnershrp, their typically a padrior can sign on behalf of the partnership CD 04 . It INapplicant is a thrilled padnvr$ho, then the gerleraf parfaer must sign and be idenfipied as the "general a paltrier' of Me nanwd parfrmrship- r if the Ppplicant is a trustr Cher, they most imiude the tnisfee s name and the words as 1rustr,e' ■ In ouch instance, lees? dotormone the apprrCarit's statt,s, e.g.. ir&viduat, corporato, (rust, partnership, and there 00 use The appropnote formal fcrr that ownership. r1L Under penalties of perjury. I declare that I have read the foregoing Affidavit of Authorization and that the fa" stated in it are true- 071 Signature - STATE OF FLORIDA COUNTY OF GODLIER The olrk] i mBr7l way .3rkn before rrllft by merans at [ 1 ywml pr€rscnc:rr w ❑ontirie nuter¢ation the; Zra6, 70 by (printed Warne of nvvra6r -or qualifier) _-- Such ppersorn(s) Notary PuhIH: midst chock appaicable box VD v4re (.- -iumily known to me ❑ Has prudurFA a cuTranl dFhmm license ❑ Has pmduced: as iderfificaban. Not.nry nYatuFFr: er .01—� C'r C ❑A-M r r'W T SS REV 3l4M26 •iNYJ�ra/f RANDALl. A+NHtTSON �NvtxrY f uUu�5tite of flarade - Cammission ! HH 277129 h MY Comrrn!kSior< Expires ++i+FfN11�45 June 16. 2029 Packet Pg. 75 3.A.e AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I. ISunr7nryrgl (print name), as f- (tile, if applicable) of K wu a 1c nrwEr two ium TRusr (com�lny. If licab6e), swear or affirrrx render aathr that t am the (choose one) oywner�appiicant� ntract purctlaser and thaV m 1. I have full authority to secure the approvai(s) requested and to impose covenants and restfictions on the referenced property as a result of any action approved by tare County irr accordance with this E application and the Land Development Code; Z All answers to the r#I,restions in this application and any sketches, data or other supplementary matter 0 attached hereto and made a part of this applicatimmi are honest and true; U 3. 1 have authorized the staff of Collier County to enter upon the property during normal working !~ours y for the purpose of invesIigating and evalwling the request made through this application; and that 4. The property will he transferred, conveyed, sold or subdivided subject to the oondilions and F- re strictions imposed by the a approved action. 00 � 5- WWI allthohZe Terrell I W A Ir— grid _I.rrr RcgNrs _ to act as ou rimy representative 0 in any matters regarding this petition including 'I through 2 above_ co "Noyes: 0 v • fl the applicard is a corpora Fran, them it is usually executed by the carp. Ares_ or v. pres_ cc c ■ #f the applicant is a t.Yanted Ltabddy Company (L.L.C_) or Limited Company (L.C.), them the documents shiouki M typically be sign&d by the Company's Wanagirlg Winber. ` c • if the applicant is a partnership, then typically a partner can sign on behaff of the parfnarstrrp C14 • if the applicafd is a limited rrrmrrshl then tiro neraf Partner must � P, 5e P si9� and be identified as the ;lerrsral a partner" of the named partnership. r` If the app#icant os a trust_ then they must inc?ude the trrrStee's name and #ha ►yards "as lrrrstee"_ 00 In each instance, first deterrrlir,e lfae applicant's sfalus, e. PPl g_. individual, corporate, trust. partnership, arrd !beta cc use the appropnale format for that o4wveisfup. � Under penalties ui perjury. I declare that I have matt the foregoing Affidavit of Authorization and that the facts stated in it are true. �-- Signature o�t4 STATE OF FLORIDA COUNTY OF COLLiiaR Th f regolrrg PrislymeflLwas swarm to (or rrmed) and subscr7bed before me on } (date) by a of person providing oath or umatlan). as who i rsonally known to or wflo has produced (tYpe of rden frratmicn) as identi#icaatidn, f'j'`r sT'wP FAI Slgnature of Notary Pubtle AANDAI.t A WHITSON Hatgry Pubris•Stete or Florld■ s" +r Cornrnliaion ! HK 277129 MY Commi34ion Exi)06e June 16. 2026 l'rr4dgl ()A-W J Sll SS REV 3n*14 Packet Pg. 76 3.A.e STATE OF FLORIDA § COUNTY OF COLLIER § WE, the undersigned, being the Settlors, the Trustees, and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the Settlors and the Trustees, in the presence of witnesses, signed the instrument as their revocable trust, that such Settlors and Trustees signed such instrument, that the Settlors and the Trustees signed such instrument willingly, and that each of the witnesses, in the presence of the Settlors and the Trustees and in the presence of each other, signed the revocable trust as a witness. ALI I15VMNsi 1/ffm 'L, A. KAT LEEN A. DEMARET, Settlor and Co- Trustee Witness Witness SUBSCRIBED AND SWORN TO before me by KENNETH J. DEMARET, Settlor and Cp--Trustee, who is personally known to me or who has produced /'-._ P—>/Z1cAftt5 (type of identification) as identification proving him to be the person whose name is subscribed to the foregoing instrument as Settlor and as Co -Trustee, by KATHLEEN A. DEMARET, Settlor and Co -Trustee, who is personally known to me or who has produced )C2� _ 4 2ccjte4QS 11 (type of identification) as identification proving her to be the per n whose name s subscribe�to the foregoing instrument as Settlor and as Co- rustee, by 0 witness who is personally known to me, and by Vrr a witness who is personally known to me on November 7, 2019. •xP�,IDEBRA A. SEYMOUR commission # GG 035803 Expires October 21, 2020 ebra A. Seymour '•;FOF��o gp�edT!ruToyFain Irsuranmgoo38`r70i9 Notary Public, State of Florida GRANT LAW, P.A. 21 Packet Pg. 77 3.A.e Narrative Description: The proposed Boat Dock Extension request is to construct a new single- family docking facility with two boatlifts,1 being for a 44-foot vessel and the other for a decked over for 2 PWC's, located at 178 Tahiti Circle on Isles of Capri. The subject waterway is considered Johnson Bay along the north side of Isles of Capri just outside the surrounding Rookery Bay Aquatic Preserve. The subject property has a seawall that is located on the property/Mean High Water line which is the most restrictive point. There is no riprap in front of the seawall as was previously stated. Additionally, the applicant is currently constructing a new single-family residence on the upland portion of the property. As proposed the dock will have two boatlifts, one for the 44-foot LOA vessel and the other for two PWC's. The proposed dock will protrude approximately 47-feet from the MHWL/ seawall/ property line and therefore we are requesting a 27-foot extension over the allowed 20-feet. This is approximately 7-feet less than the previous request. The subject waterway is approximately 219-feet wide and as proposed the dock and boat lift would protrude just under 22% into the subject waterway. The subject waterway is an unmarked waterway and completely open to navigation but as previously discussed in the last hearing there is a shoal area close by but again there is no marked channel and therefore no impacts to navigation within the area will result from the proposed dock. The previous BDE was submitted and denied (HEX 2022-42) for a 34-foot dock extension over the allowed 204eet for a total of 54-feet. The reason for the denial was mostly due to the vessel size and overall impacts to adjacent(eastern) neighbor's view of the subject waterway. Based on this denial and the existing on -site conditions which consist of the adjacent neighbor's dock and boathouse being partial within our riparian area limited our design options to further reduce the proposed overall protrusion. The applicant has also made some changes to their overall plans which include keeping their existing vessel instead of upgrading to the larger vessel, agreed to angle the dock as much as possible and remain within the allowed 15-foot setbacks, and the proposed plan has moved the proposed boatlift closer to the seawall in order for the vessel to maintain only 1-foot off the seawall. All these design factors were taken into consideration to reduce the overall protrusion request as well as to minimize impacts to adjacent neighboring property owners. The proposed dock will provide 15-foot setbacks which is equivalent to what is required for lots with 60-feet of shoreline or greater. There are no impacts to any submerged resources, the decking area has been minimized and still provides sufficient surface area for recreational activities, routine maintenance, and associated storage. Also, the applicant has had some communication with the adjacent property owners to discuss gaining their support for the newly proposed dock design. Both parties have reviewed the currently proposed design, but no letters of No Objection have been received to date. Packet Pg. 78 3.A.e PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The subject property is zoned for a single-family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed docking facility consists of installing two boatlifts one to accommodate a 44-foot LOA vessel and the other is a decked over boatlift for two PWC's. The proposed dock will extend out 47-feet from the seawall/plotted property line which is 27-feet of protrusion past the allowed 20-feet. Additionally, the proposed dock will provide 15-foot setbacks from both riparian lines and therefore will not interfere with the adjacent properties as the vessels ingress/egress the proposed boatlifts. Criterion Met 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) The boat dock extension is necessary to accommodate the owners' vessels due to the existing on -site water depths being too shallow within the allowed 20-feet. The subject shoreline consists just of a seawall with no rip -rap out in front but the existing on -site water depths as indicated on the attached survey are too shallow for any vessel with a 3-foot draft to be properly moored within the allowed 20-feet, as indicated on sheet 13 & 14 of 14. The proposed 44-foot vessel is advertised as having a 3-foot draft then with a boatlift and the cross -support beams being at least 12" the overall depth of water needed to float this vessel on and off the boatlift is at least 4.5-feet. Based on those facts and the existing on -site water depths the BDE is needed to reach sufficient water depths as shown on the attached BDE exhibits. Also, with the adjacent dock and boathouse Packet Pg. 79 3.A.e being within the applicant's riparian area which are considered grandfathered structures and with no docking facility on the east side it was determined the best option was to angle the dock towards the west in order to allow more flexibility for the owners or future owners to the east on a dock design if one was ever proposed as well as be as lease impactful to their current view of the subject waterway. Additionally, on sheet 13 & 14 of 14 I have included these two exhibits to show the maximum sized vessel being 40-feet that can fit within the required 15-foot setbacks and 20-foot of protrusion. The issue is the fact that the water depths are still too shallow for any vessel with a 3-foot or greater draft to be moored within the allowable area especially when a boatlift is proposed. Criterion Met 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The proposed docking facility design is consistent with numerous other docks along the subject and adjacent waterways as well as the overall protrusion. As proposed the dock and boatlift will not impact navigation as there is no marked channel within this section of Johnson Bay. Therefore, the entire waterway provides safe navigation and no impacts to any navigation will result from the proposed project. There is a natural shoal area to the NW as a vessel exits Marlin Bay out to Johnson Bay but it's a local knowledge channel that one navigates parallel to the shoreline to reach the closest marked channel. Criterion Met 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The approximate waterway width is 219-feet wide. The proposed dock protrusion is 47-feet which is under 22% width of the waterway. Criterion Met 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Packet Pg. 80 3.A.e The proposed docking facility is consistent with the other docks within this bay and the adjacent bay on the Isles of Capri. The dock design ensures that the vessel and dock are all within the required setbacks, puts the stern of the vessel in the deeper water, maintains access to the existing dock immediately adjacent on the west property line and ensures any future dock constructed on the eastern adjacent property will have unobstructed access. Criterion Met Packet Pg. 81 3.A.e SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Riprap is not a factor as it was previously determined that there is no riprap along the subject property shoreline. The one special condition that was taken into consideration is the existing neighboring dock, which is partially within the applicant's riparian area, with no setback provided. This was the most restrictive existing condition design factor that was considered in that if we could design the ingress/egress of our proposed slips to avoid conflict. This was the driving factor behind putting our vessel ingress/egress to come/cross over the western riparian line as there is no telling what the other adjacent property with no existing dock could or would propose in the future. Additionally, the subject property location being on a wider waterway does allow the proposed dock to protrude further out into the waterway without impacting navigation. Criterion Met 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The proposed docking facility has been minimized to the fullest extent possible and still provides 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 747 square feet. Criterion Met 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) The existing docking facility has been designed to moor one vessel 44-feet in length as well as two 12-foot PWC's. The subject property's shoreline length is approximately 70-feet and therefore this criterion is NOT met. In the previous BDE which was denied per HEX Decision #2022-42 this criterion was not met then but the applicant has reduced the overall proposed vessel size and reduced the overall proposed protrusion by 7-feet. Packet Pg. 82 3.A.e 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) As proposed the dock has been designed within the designated setbacks and is consistent with the other previously approved BDE boat docks being perpendicular to the shoreline. This allows you to design within the allowed riparian area as well as avoid ingress/egressing over either of the shared riparian lines. Based off our analysis as shown on the BDE exhibits (sheet 12 of 13) the overall impacts to each adjacent property owner are indicated. It is our position that the proposed dock will NOT have a MAJOR impact on their views of the waterway. As indicated on the exhibit at 20-feet the eastern property owners view would be open to 99-degrees and with the proposed dock would be reduced to 93-degrees. Therefore, based off this analysis their view is only slightly obstructed and should not have a MAJOR impact on anyone's view. Criterion Met 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) There are no seagrass beds present on the property nor the neighboring properties within 200' of the existing dock structure. Criterion Met 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. 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Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES-COM Packet Pg. 85 I 3.A.e I Table of Contents 1 Introduction.......................................................................................................................................1 2 Objective.............................................................................................................................................2 3 Methodology......................................................................................................................................3 4 Results.................................................................................................................................................4 5 Conclusion..........................................................................................................................................5 6 Photos.................................................................................................................................................. 6 Packet Pg. 86 I 3.A.e I 178 Tahiti Circle Submerged Resource Survey March 2023 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental permitting services which includes completing an onsite Submerged Resource Survey (SRS) at the subject property 178 Tahiti Circle in Naples, FL 34113 that can be identified by folio #52390840009. This resource survey will provide planning assistance to both the property owner and regulating agencies during the review process for the proposed project. The subject property consists of a 0.18-acre single-family parcel that can be found on the southwest side of Isle of Capri just off Johnson Bay/ Capri Pass. The subject waterway is considered man-made and connects directly to the Gulf of Mexico through Capri Pass and the Big Marco River. The upland parcel currently consists of a single-family residence currently under construction which has an existing concrete seawall shoreline. The property is neighbored to the north and south by single family residences, to the east by the subject waterway, and to the southwest by Tahiti Circle. The SRS was conducted on March 25, 2023, between approximately 2:30p.m. and 3:15 p.m. Site conditions on that day consisted of mostly sunny skies with a southwest breeze approximately 10-15mph. Water clarity was good to fair which allowed for approximately 12-18 inches of visibility. The ambient air temperature was approximately 76 degrees Fahrenheit with an incoming tide. Low tide occurred before the site visit at approximately 10:04 a.m. and reached approximately 0.8' feet above the Mean Low Water Mark. High tide was achieved after the site visit at approximately 3:52 p.m., reaching approximately 2.70 feet above the Mean Low Water Mark. 1 Packet Pg. 87 I 3.A.e I 178 Tahiti Circle Submerged Resource Survey March 2023 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed dock project. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re- configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 2 Packet Pg. 88 178 Tahiti Circle I 3.A.e I Submerged Resource Survey March 2023 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire subject property shoreline for the proposed dock but also the area within 200 ft. of the proposed site as required by the Collier County LDC. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, adjacent docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the boat taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3 Packet Pg. 89 178 Tahiti Circle I 3.A.e I Submerged Resource Survey March 2023 4 RESULTS The substrate found within the surveyed area consists of silty sand material and shell debris. Depths increased gradually with distance from the shoreline to the middle of the waterway from approximately four to eight feet. During the submerged portion of the survey, no seagrasses, oysters, or other resources were observed in any capacity. Accordingly, no impacts to submerged resources are expected to occur as the result of the proposed project. A list of species observed during the SRS can be seen below in Table 1. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Eastern mudminnow Umbra pygmaea Shee shead Archosargus probatocephalus Bottle -nosed dolphin Tursio s truncatus Common Snook Centro omus undecimalis Gray Snapper Lut'anus griseus Greenback Oncorh nchus clarkii stomias H Packet Pg. 90 178 Tahiti Circle I 3.A.e I Submerged Resource Survey March 2023 5 CONCLUSION The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded few results. An existing concrete seawall is present along the shoreline with part of the immediately adjacent dock and boathouse partial within the subject property's riparian area. There were no seagrasses or other marine resources that were observed anywhere within the vicinity of the project site. There were significant amounts of barnacles observed on the face of seawall shoreline. Based off these observations it is THA opinion that the proposed project will not have any negative impacts to any submerged resources nor the subject waterway water quality. 5 Packet Pg. 91 1 178 Tahiti Circle I 3.A.e I 6 PHOTOS Submerged Resource Survey March 2023 Photo 1: Existing property shoreline and adjacent dock. Photo 2: View of subject waterway. 6 Packet Pg. 92 178 Tahiti Circle I 3.A.e I Submerged Resource Survey March 2023 Photo 3: Existing Seawall and Dock piles with Barnacle growth. Photo 4: Typical sediment observed in survey area. FA Packet Pg. 93 3.A.f From: John Kelly Sent: Thursday, October 12, 2023 9:14 PM To: John Kelly Subject: BD-PL20230006459 - 178 Tahiti Cir - Sign Posting for 10/26/2023 HEX Attachments: IMG_1590.jpeg; IMG_1591.jpeg I, John Kelly, herewith affirm that I posted a Public Hearing Sign for the 10/26/2023 Meeting of the Hearing Examiner to the front of the subject property at approximately 1:55 PM on Tuesday, October 10, 2023, as evidenced by the attached photos. Respectfully, John Keffy Planner III Zoning Division - Zoning Services Section Growth Management Community Development Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Cots County Growth Management Community Development Department Zoning Division size=2 width="100%" align=center> 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. Packet Pg. 94 FOR 178 Tahiti Circle 130AT 'DOCK EXTENSION ® To Allow a 47-foot Protrusion Petition No. PL20230006459 HEX: October 216, 2023, at 9 a.m. D� Growth Management Building 2900 North Horseshoe Drive, 609/610 John Kelly, Planner 111: (239) 252-5719 Co D Cif � Attachment: Attachment E - PL20230006459 - Sign Posting 10102023 (26817 : PL20230006459 BD 178 M 74 4t� rim& X4 A, sv 44 4t co NAP 3.A.g From: Kathleen Demaret<kathleen.demaret@demaretconsulting.com> Sent: Monday, October 16, 2023 4:28 PM To: John Kelly Cc: Ken Demaret; Jeff Subject: Letters in Support of 178 Tahiti Circle Boat Dock Extension Petition #: PL20230006459 Attachments: Letters of Support for 178 Tahiti Circle.pdf Follow Up Flag: Follow up Flag Status: Flagged 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. Attn: John Kelly Attached are letters of support from bay and street neighbors in support of our petition for a boat dock extension per concept 5 drawing. A few support letters have been emailed directly to your attention. Thank you for your consideration, Kathleen & Kenneth Demaret Property Owners: 178 Tahiti Circle, Naples, FL 34113 Packet Pg. 97 3.A.g Date — To Whom 11 May Concern, .-� live at 6 Fez t3 which i o lnearladjacent to the subject waterway as he proposed docking facility located 178 Tahiti Circle. I have fuller reviewed the proposed dock design that is being requested within PL208000459- BDE Application and fuller support this dock extension request. incerel - r aD L E 0 U s m CO LO m 0 0 0 M N O N J IL ti T CO N C O r U d 0 O Z 4- 0 N L d V.d id d J LL C O E s V 10 Q a+ C d s R El Packet Pg. 98 3.A.g Date o - 1 4- 93 To Whom It May Concern, Ir �" , - ' !/ live at PA , Rma 6, which is oy /nearladjacent to the subject waterway as the ropose docking facility located 178 Tahiti Circle. I have fully reviewed the proposed dock design that is being requested within PL20 3000 4 9- DDE Application and fully support this dock extension request_ Sincerely, Z aD R E 0 U 00 I - CD m LO to 0 0 Cl) N O N J IL ti 00 to c O U d 0 O Z 4- 0 y i d r a� d J LL C N E L U R Q C d E t U R El Packet Pg. 99 3.A.g Date_ To Whom If May Concern, I, r � live at ) _ W. 4 o - which Is onlneartadjacent to the subject waterway as the proposed docking facility located 178 Tahiti Circle. I have fully reviewed the proposed dock design that is being requested within PL000884- BDE Application and fully support this dock extension request. Sincerel , Z aD R E 0 U 00 I - CD m LO to 0 0 Cl) N O N J IL ti 00 to N C O U d 0 O Z 4- 0 y i d r a� d J LL C N E L U R Q C d E t U R El Packet Pg. 100 3.A.g Date' To Whom It May Concern. �, .�rT.►cc�,�u live at / c- r which is onlnearladjacent to the subject waterway as the proposed docking facility located 178 Tahiti Circle_ I have fully reviewed the proposed dock design that is being requested within PL20 30003450- BDE Application and fuller support this dock extension request_ rel J r aD L E 0 s M CO LO m 0 0 0 Cl) N O N J IL ti T CO N C O r U d 0 O Z 4- 0 N L d V.d id d J LL C O E s V 10 Q a+ C d s R El Packet Pg. 101 3.A.g Date V- 3 To thorn It May Concern, (�lAMIAC live at 1 � , P4& 466 4e which is on/near/adjacent to the subject waterway as the proposed docking facility located 178 Tahiti Circle. I have fully reviewed the proposed dock design that is being requested within PL2023000 4 g- BDE Application and fully support this dock extension request. Sincerely, i .' A aD L E 0 U s M CO LO m 0 0 0 Cl) N O N J IL CO ca N C O r U d 0 O Z 4- 0 N L d V.d id d J LL C O E s V 10 Q a+ C d s R El Packet Pg. 102 3.A.g Date (r' 4 z 3 To thorn It May Concern, I r� IF€e at fr 7-k C- = i`I IV which is on/near/adjacent to the subject waterway as the proposed docking facility located 178 Tahiti Circle_ I have fuller reviewed the proposed dock design that is being requested within PL20230003459- BDE Application and fully support this dock extension request - Sincerely, L Ze Z E 0 U 00 I - CD m LO to 0 0 M N O N J IL ti 00 to N C O U d 0 O Z 4- 0 y i d r a� d J LL C N E L U R Q C d E t U R El Packet Pg. 103 3.A.g Date 1 1 1 ZI 2"-s To Whom It May Concern, 1% ,a five at ) E-- which is onlnearladjacent to the subject waterway as the proposed docking facility located 178 Tahiti Circle. I have fully reviewed the proposed dock design that is being requested within PI-20230003459- B€3E Application and fully support this dock extension request. Sincerely, r L E 0 U CO LO m 0 0 0 M N O N J a ti oo ca N C O t. V N O O Z 4- 0 N L d V.d id d J LL C O E t V R Q a+ C d t V R r+ Q Packet Pg. 104 3.A.g Date_ To Whom It Ma Whi his on docking facil nee rn , '}dive at_� f r{adjacent to the subject waterway as the proposed located 178 Tahiti Circle. I have fully reviewed the proposed dock design that is being requested within PL00003459- BDE Application and fully support this dock extension request. Sincerely, L E d 0 U M CO LO m 0 0 0 Cl) N O N J IL ti T CO N C O r U d 0 O Z 4- 0 N L d V.d id d J LL C O E s V 10 Q a+ C d s R El Packet Pg. 105 3.A.g Date / e'— - -2P To Whom It May Concern, five at �r� , which is onlnearladjacent to the subject waterway as the proposed -� f cocking facility located 178 Tahiti Circle. I have fully reviewed the proposed dock design that is being requested within PI-20230003459- BDE Application and fully support this dock extension request_ U l ti T CO W N C O LL El Packet Pg. 106