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HEX Agenda 11/14/2024COLLIER COUNTY Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 November 14, 2024 1:00 PM 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@CollierCountyFL.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. 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing 3.A. ** This item has been continued from the 9/26/2024 HEX Meeting ** Petition No. SV- Page 1 of 528 PL20240007875 – One Naples MPUD – Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive - Request for a variance from the Land Development Code Section 5.06.04.F.9, which requires “On Premises Directional Signs” located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line, to instead allow for directional signs for public parking for commercial uses located in the One Naples MPUD MU Tract 1, along Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive, to be located a minimum of 5 feet from the property line in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Sean Sammon, Planner III] (Commissioner District 2) (2024-1285) 3.B. ** This item has been continued from the October 24 2024, HEX Meeting ** Petition No. NUA - PL20240009263 - Benton Road and Lamb Lane - Request for a non-conforming use alteration pursuant to LDC Section 9.03.03.B to allow the replacement of a non-conforming manufactured home which was damaged beyond repair in the 2023 31st Street fire. The subject property is ±5 acres and located at 2650 Lamb Lane, approximately 350 feet north of the intersection of Benton Road and Lamb Lane, in Section 24, Township 49 South, Range 27 East, Collier County, Florida [Sean Sammon, Planner III] Commissioner District 5 (2024-1287) 3.C. Petition No. VA-PL20230014809 – 3512 Okeechobee ST - Request for a variance from Land Development Code Section 4.02.01.A. Table 2.1, to reduce the required RSF-4 zoning district front yard setback from 25 feet to 15.9 feet on the east property line and the side yard setback from 7.5 feet to 7.2 feet on the north property line for the proposed accessory attached porch, to reduce side yard setback from 7.5 feet to 7.2 feet on the north property line and the front yard setback from 25 feet to 24.7 feet on the east property line for the existing residential structure, and to reduce the side yard setback from 7.5 feet to 7.3 feet on the north property line for the existing accessory covered lanai, on a 0.17± acre property located ±680 feet southwest of the intersection of US-41 and Osceola Avenue at 3512 Okeechobee Street, Naples, FL, 34112, also described as Lot 17, Block E, South Tamiami Heights subdivision, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4 (2024-1641) 3.D. Petition No. BD-PL20240006029 – 687 Palm Avenue - A proposed 14-foot boat dock extension to allow a boat docking facility with two boat lifts protruding a total of 34 feet into a waterway that is 116± feet wide for the benefit of property located on Lot 11, Block F, Goodland Isles 2nd Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: John Kelly] (Commissioner District 1) (2024-1882) 3.E. Petition No. VA-PL20230012485 – 10030 Gulf Shore Drive - A variance to reduce the required side yard riparian setback of 15 feet to 8.1 feet for a dock facility on a lot with 67.53 feet of water frontage, located on Lot 30, Block B, Re-Subdivision of Part of Unit No. 1, Conner’s Vanderbilt Beach Estates. (Companion to PL202300008895) [Coordinator: John Kelly] ) (Commissioner District 2) (2024-1881) 3.F. Petition No. BD-PL20230008895- 10030 Gulf Shore Drive - A proposed 32-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow construction of a boat docking facility protruding a total of 52 feet into a waterway that is 534.8± feet wide. The subject property is located on Lot 30, Block B, Re- Subdivision of Part of Unit No. 1, Conner’s Vanderbilt Beach Estates. (Companion to PL20230012485) [Coordinator: John Kelly] (Commissioner District 2) (2024-1882) Page 2 of 528 3.G. Petition No. VA-PL20240004206 – 267 3rd Street W - A variance to reduce the minimum side yard riparian setbacks from 7.5 feet to 0 feet on both side yards for a proposed dock facility within a Residential Single-Family-4 (RSF-4) zoning district. The subject property is located described as Lot 3, Block G, Little Hickory Shores, Unit 3 Replat subdivision. (Companion to PL20230018267) [Coordinator: John Kelly] (Commissioner District 2) (2024- 1883) 3.H. Petition No. BD-PL20230018267 – 267 3rd Street W - A 26-foot boat dock extension to allow a boat docking facility to protrude a total of 46 feet into a waterway that is 133± feet wide within the RSF-4 zoning district. The subject property is located on Lot 3, Block G, Little Hickory Shores, Unit 3 Replat subdivision. (Companion to PL20240004206) [Coordinator: John Kelly] (Commissioner District 2) (2024-1884) 4. New Business 5. Old Business 6. Public Comments 7. Adjourn Page 3 of 528 11/14/2024 Item # 3.A ID# 2024-1285 ** This item has been continued from the 9/26/2024 HEX Meeting ** Petition No. SV-PL20240007875 – One Naples MPUD – Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive - Request for a variance from the Land Development Code Section 5.06.04.F.9, which requires “On Premises Directional Signs” located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line, to instead allow for directional signs for public parking for commercial uses located in the One Naples MPUD MU Tract 1, along Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive, to be located a minimum of 5 feet from the property line in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Sean Sammon, Planner III] (Commissioner District 2) ATTACHMENTS: 1. Staff Report - SV-PL20240007875 - One Naples MPUD 2. Attachment A - Backup Package 3. Attachment B - Sign Variance Location & Details 4. Attachment C - Transportation Staff Email for Condition 5. Attachment D - Legal Ad & HEX Sign Posting Page 4 of 528 SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 1 of 7 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING & ZONING DIVISION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: SEPTEMBER 26, 2024 SUBJECT: PETITION SV-PL20240007875, ONE NAPLES MPUD SIGN VARIANCE ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: Keith Gelder, Vice President Agent: Robert Mulhere, FAICP, Senior Vice President Vanderbilt Naples Holdings, LLC Bowman Consulting Group 2639 Professional Circle, Ste 101 950 Encore Way Naples, FL 34119 Naples, FL 34110 REQUESTED ACTION: The applicant is requesting a variance from the Land Development Code Section 5.06.04.F.9, which requires “On Premises Directional Signs” located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line to instead allow for directional signs for public parking for commercial uses located in the One Naples MPUD MU Tract 1, along Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive, to be located a minimum of 5 feet from the property line. GEOGRAPHIC LOCATION: The approximate 5.42 acres subject property is located within the One Naples Mixed-Use Planned Unit Development (MPUD), Ordinance 21-09, as amended, located at folios 79120840003 and 79120280003, or 250 Center Street, Naples, FL 34108, also known as Vanderbilt Beach Center Block B in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page) Page 5 of 528 SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 2 of 7 Page 6 of 528 SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 3 of 7 PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within the One Naples MPUD at the northeast corner of the intersection of Vanderbilt Beach Road and Gulf Shore Drive. The specific location for the requested directional signs, for the two commercial uses of Café Parking and W. Raveis Parking, that this sign variance petition is located in is the One Naples MPUD, MU Tract 1, along Southbay Drive (as seen in the image below). Proposed directional signs for the commercial use parking areas; Source: Bowman Consulting Group, 2024. The request is to allow for directional signs along Southbay Drive to be located 5 feet from the property line while also being located 19 feet from the back-of-curb. The justification to allow the sign variance request of the reduced setback to 5 feet from the property line is that this location is still 19 feet from the back-of-curb because being greater than 10 feet from the back-of-curb meets the policy objective for the setback request. The necessity for the sign variance request is to improve wayfinding and reduce traffic conflicts for the patrons who will visit these two commercial businesses. The MPUD Master plan identifies the locations of ingress and egress to the project, with the primary access to the tower component located on Vanderbilt Beach Road. Access to several of the midrise structures is located on Southbay Dr. The commercial units face Gulf Shore Drive, however, parking and access to parking for these uses is located on Southbay Dr., therefore directional signage for this project is imperative. The location of the directional signs will require a reduction from the setback from the property line. However, the back-of-curb will still be 19 feet as well as 25 feet from the actual travel lane. Allowing the directional sign locations will only help traffic flow when turning onto Southbay since it will direct the traffic to the required parking for the commercial businesses they’ll be visiting. This will reduce any potential traffic conflicts that confused driving may have caused when looking for parking for the commercial businesses facing Gulf Shore Drive. Page 7 of 528 SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 4 of 7 AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: Vanderbilt Lagoon waterway with a zoning designation of Residential Single-Family-3 (RSF-3) zoning district. South: Vanderbilt Beach Road (C.R. 862) Right-of-Way (R.O.W.) and then a mix of county parking and the Ritz Carlton Hotel with a zoning designation of Pelican Bay Planned Unit Development (PUD). East: Southbay Drive R.O.W. and Center Street and then a Vanderbilt Palms Condominium, Barefoot Pelican Condominium, a mixed commercial office building with a zoning designation of Commercial Intermediate (C-3) zoning district. West: Gulfshore Drive R.O.W., and then The Beechmoor Condominium and Phoenician Sands Condominium, and then the Gulf of Mexico with a zoning designation of the Coastal Construction Control Line (CCCL) and Residential Tourist (RT) within the Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). SUBJECT PROPERTY Page 8 of 528 SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 5 of 7 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the GMP. The GMP does not address individual variance requests but focuses on the larger issue of the actual use. The One Naples MPUD is consistent with the FLUM. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element (FLUE), although the variance request is not addressed by the GMP. STAFF ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. Yes, the subject property is a high traffic area, especially during season, because this location is less than a few hundred feet to the beach and specifically has proximity to the County’s public beach access and parking garage. Providing an efficient waypoint for parking access to the subject property’s commercial businesses is essential for public health, safety, and welfare and for consistent traffic flow. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would place unnecessary and undue hardship on the applicant. Yes, the required setback for Directory Signs located adjacent to a R.O.W. in a “Residential District” is 10 feet measured from “a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable”. The required setback is to be measured from different points under certain circumstances such as the roadway, edge of pavement, or the back of curb. The basis for the 10-foot setback for directional signs is for aesthetic purposes and safety reasons. However, the requirement for setbacks for directional signs in residential and nonresidential districts is different, even though the public policy objective is the same. Thus, the ability to locate directional signs in a safe and reasonable location is necessary for wayfinding for guests and clients of commercial uses. Nevertheless, since the request is to reduce the 10-foot setback to 5 feet from the property line, the setback from the back-of- curb will still be a minimum of 19 feet. c. That the special conditions and circumstances peculiar to the land, structure, or building do not result from the actions of the applicant. The developer agreed under a condition of approval of the MPUD for significant enhancements to help maintain the flow of traffic, including the precise location of the design and installation of improvements to South Bay Drive, including the installation of a closed drainage system, 10-foot travel lanes, 4-foot bike lanes, and 5-foot sidewalk on both sides of the road. The proposed directional signs are to be located along South Bay Drive with these prior conditions approved for the MPUD before this applicant’s request. Page 9 of 528 SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 6 of 7 d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures, or buildings in the same zoning district. This sign variance will be applied to the location proposed for the type of signs within the MPUD zoning district. Any other developer can apply for a sign variance if necessary for any other development in the MPUD zoning district. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. Yes, this is the minimum relief relative to the sign variance request since the requested variance does not increase the number or size of permitted signs and is consistent with the purpose and intent of the County’s “Sign Code.” The request is to vary from the required 10-foot setback from the property line for the proposed two directional signs directing the public to the parking areas for these commercial uses, allowing instead for a minimum 19-foot setback from the back of curb and a setback for the travel lane of slightly greater than 25 feet, fulfilling the achievement of the public policy objective for the aforementioned setbacks. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The location of the proposed sign is not injurious to adjacent properties or otherwise is not detrimental to the public welfare. The general intent and purpose of the proposed directional signs will improve wayfinding and reduce the confusion on the part of visitors who are looking for these parking areas, which will help improve the efficiency of traffic flow by reducing conflicts. Moreover, the variance request will not increase the number or size of permitted signs and will remain consistent with the County’s “Sign Code.” The purpose and intent of the “Sign Code” are: (1) to provide minimum control of signs necessary to promote the health, safety, and general welfare of the citizens of Collier County; (2) to lessen hazards to pedestrians and vehicular traffic; (3) to preserve property values; (4) to prevent unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; (5) to prevent signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; (6) to assure good and attractive design that will strengthen the county's appearance and economic base; and (7) to preserve the right of free speech and expression in the display of signs. It is staff’s opinion that the request for the location of the two directional signs, to be 5 feet from the property line but also 19 feet from the back of curb, as well as being 25 feet from the travel lane, meets the intent of the LDC and thus is also consistent with the GMP. Page 10 of 528 SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 7 of 7 RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV- PL20240007875 as requested by the Applicant, with the following conditions: 1. The applicant is responsible for maintaining and replacing everything in the County’s Right-Of- Way. 2. The proposed directional signs shall be set back at least 19 feet from the back edge of the curb, as well as at least 25 feet from the travel lane. Attachments: A) HEX Backup Package B) Sign Variance Location & Details C) Transportation Staff Email for Condition D) Legal Ad & HEX Sign Posting Page 11 of 528 Page 12 of 528 Page 13 of 528 Page 14 of 528 Page 15 of 528 Page 16 of 528 Page 17 of 528 Page 18 of 528 Page 19 of 528 Page 20 of 528 Page 21 of 528 Page 22 of 528 Page 23 of 528 Page 24 of 528 Page 25 of 528 Page 26 of 528 Page 27 of 528 Page 28 of 528 Page 29 of 528 Page 30 of 528 Page 31 of 528 Page 32 of 528 Page 33 of 528 Page 34 of 528 Page 35 of 528 Page 36 of 528 Page 37 of 528 Page 38 of 528 Page 39 of 528 Page 40 of 528 Page 41 of 528 Page 42 of 528 Page 43 of 528 Page 44 of 528 Page 45 of 528 Page 46 of 528 Page 47 of 528 Page 48 of 528 Page 49 of 528 Page 50 of 528 Page 51 of 528 Page 52 of 528 Page 53 of 528 Page 54 of 528 Page 55 of 528 Page 56 of 528 Page 57 of 528 Page 58 of 528 Page 59 of 528 Page 60 of 528 Page 61 of 528 Page 62 of 528 Page 63 of 528 Page 64 of 528 Page 65 of 528 Page 66 of 528 Page 67 of 528 Page 68 of 528 Page 69 of 528 Page 70 of 528 Page 71 of 528 Page 72 of 528 Page 73 of 528 Page 74 of 528 Page 75 of 528 Page 76 of 528 Page 77 of 528 Page 78 of 528 PL20240007875 – ONE NAPLES MPUD: SIGN VARIANCE DETAILS One Naples MPUD Sign Variance – Aerial & Location; Source: Bowman, 2024 One Naples MPUD Sign Variance – Proposed Directional Signs Location; Source: Bowman, 2024 Page 79 of 528 One Naples MPUD Sign Variance – Signs Details & Dimension; Source: Bowman, 2024 Page 80 of 528 1 Sean Sammon From:Michael Sawyer Sent:Friday, August 23, 2024 11:48 AM To:Sean Sammon Cc:Derek Perry; Kathynell Crotteau Subject:RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Sean, Thanks so much for keeping this one active...on my must-dos! We’ve reviewed it and discussed it with Derek this morning. We do not have issues with the proposed change. There are no plans to change or expand this roadway; the applicant is responsible for maintaining and replacing everything in our/the ROW. The proposed signs will be located closer to our ROW but will be within the development(s) parcel(s). Transportation Planning has no objection to this request. Please let me know if you have any additional questions or concerns. Respectfully, Michael Sawyer Project Manager II Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer@colliercountyfl.gov Michael Sawyer Project Manager II Capital Project Planning, Impact Fees and Program Management Office:239-252-2926 Michael.Sawyer@colliercountyfl.gov From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Friday, August 23, 2024 10:27 AM To: Michael Sawyer <Michael.Sawyer@colliercountyfl.gov> Cc: Derek Perry <Derek.Perry@colliercountyfl.gov>; Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Page 81 of 528 2 Good morning Mike, I’m sorry to keep pestering you about this petition, but we had a title made for this and it needs to be published by Tuesday, Aug 27th. Any chance you can confirm if there are any road maintenance issues related to their request? Thank you Mike, have a great day. Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon@colliercountyfl.gov From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Thursday, August 22, 2024 2:48 PM To: Michael Sawyer <Michael.Sawyer@colliercountyfl.gov> Cc: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Mike, When you finish reviewing, can you please CC Derek just so he’s aware if there’s anymore issues uncovered? Thank you. Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon@colliercountyfl.gov From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Wednesday, August 21, 2024 11:07 AM To: Michael Sawyer <Michael.Sawyer@colliercountyfl.gov> Cc: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: FW: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Mike, Page 82 of 528 3 FYI, from the latest monitoring report: Page 83 of 528 4 Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon@colliercountyfl.gov From: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Sent: Wednesday, August 21, 2024 9:22 AM To: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Yes. Ray Bellows Manager - Planning Zoning Ray.Bellows@colliercountyfl.gov From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Wednesday, August 21, 2024 8:31 AM To: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: FW: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Ray, are you free at 10am for a call with them? Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon@colliercountyfl.gov Page 84 of 528 5 From: Michael Sawyer <Michael.Sawyer@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 4:56 PM To: Derek Perry <Derek.Perry@colliercountyfl.gov>; Sean Sammon <Sean.Sammon@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title We/I need to review the landscape maintenance agreement. Is the applicant responsible for ALL maintenance/replacement...including signage? I’m available until 11:00 and can check the agreement ahead of time... Mike Michael Sawyer Project Manager II Capital Project Planning, Impact Fees and Program Management Office:239-252-2926 Michael.Sawyer@colliercountyfl.gov From: Derek Perry <Derek.Perry@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 4:40 PM To: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Michael Sawyer <Michael.Sawyer@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Sean, I looked at the scheduler to see when we could all meet on this tomorrow; you have conflicts throughout the morning (otherwise us three appear to be open between 10-11am). If so, 4:00pm is open on all of our schedules. Otherwise, we are all generally available on Friday to meet. Derek D. Perry Assistant County Attorney (239) 252-8066 From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 4:37 PM To: Sean Sammon <Sean.Sammon@colliercountyfl.gov>; Derek Perry <Derek.Perry@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Michael Sawyer <Michael.Sawyer@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Sean, Can you please send the application and sign Exhibits to Mike Sawyer and ask him if a 5 foot sign setback on SouthBay Drive is acceptable to staff? I’ve copied him for his awareness. Thanks. Page 85 of 528 6 Heidi Ashton-Cicko Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 4:24 PM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>; Derek Perry <Derek.Perry@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Mike S hasn’t, I just forward to him to gather his input. Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon@colliercountyfl.gov From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 4:19 PM To: Derek Perry <Derek.Perry@colliercountyfl.gov>; Sean Sammon <Sean.Sammon@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title I don’t recall if SouthBay Drive is still a public road. I am not in favor of 5 foot setbacks on county roads for signage. If it is the County’s signage that is different. Has Mike Sawyer okayed this? Thanks. Heidi Ashton-Cicko Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 From: Derek Perry <Derek.Perry@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 3:26 PM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>; Sean Sammon <Sean.Sammon@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Heidi, Page 86 of 528 7 I thought of it as more a condition/caveat that the developer is offering; that it is a variance from code (10 feet down to 5 feet); but is set back 19 feet visually. Derek D. Perry Assistant County Attorney (239) 252-8066 From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 1:34 PM To: Sean Sammon <Sean.Sammon@colliercountyfl.gov>; Derek Perry <Derek.Perry@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Sean, I don’t believe we have a backup of curb requirement in the LDC. The second must be a deviation from the PUD. I am in a meeting but we need to chat about this. thanks. Heidi Ashton-Cicko Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 9:03 AM To: Derek Perry <Derek.Perry@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Subject: FW: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Derek, Attached is the draft title for the One Naples Sign Variance. Bob’s suggested Title is highlighted in the email below. Please provide guidance on how this title should be drafted as soon as you can, I’m trying to schedule their HEX for September, this needs to be done by the end of tomorrow, August 21st. Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon@colliercountyfl.gov From: Robert Mulhere <rmulhere@bowman.com> Sent: Tuesday, August 20, 2024 8:33 AM To: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Page 87 of 528 8 Cc: Stephanie Karol <skarol@bowman.com> Subject: RE: (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title 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. My only question is whether we need to specify the address. I think they may change when the buildings are CO’d. Can you see if Heidi is ok with the title below? HEX TITLE - SIGN VARIANCE (SV) PETITION NO. SV-PL20240007875 – Request for a variance from the Land Development Code Section 5.06.04.F.9 which requires “On Premises Directional Signs” located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line, to instead allow for directional signs for public parking for commercial uses located in the One Naples MPUD MU Tract 1, along Southbay Drive, to be located a minimum of 5 feet from the property line and 19 feet from the back of curb. BOB MULHERE, FAICP Senior Vice President | BOWMAN O: (239) 254-2000 | D: (239) 254-2026 | M: (239) 825-9373 rmulhere@bowman.com From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Tuesday, August 20, 2024 8:25 AM To: Robert Mulhere <rmulhere@bowman.com> Cc: Stephanie Karol <skarol@bowman.com> Subject: [EXTERNAL] (SV) PL20240007875 - ONE NAPLES MPUD - Draft Title Good morning Bob, Attached is the draft Title for PL20240007875, Sign Variance request for the One Naples MPUD. Please review, offer any necessary corrections, otherwise, please let me know if you approve it. I will then forward to CAO for their review, once CAO approves, we can Good morning Bob, Attached is the draft Title for PL20240007875, Sign Variance request for the One Naples MPUD. Please review, offer any necessary corrections, otherwise, please let me know if you approve it. I will then forward to CAO for their review, once CAO approves, we can schedule the HEX hearing. Please let me know if you have any questions, have a great day. Page 88 of 528 9 Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon@colliercountyfl.gov 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. Page 89 of 528 Vanderbilt DRPalmCT 91 s tAVEN 92 ndAVEN 9 3rdAVENGulf Shore DRVanderbilt Beach RD Southbay DR RitzCarl tonDR!I Projec tLocation Page 90 of 528 Naples Daily News - 09/06/2024 Page : A13 September 6, 2024 3:07 pm (GMT -4:00) Powered by TECNAVIA +NAPLESNEWS.COM | FRIDAY, SEPTEMBER 6, 2024 |13A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., September 26, 2024, in the Hearing Examiner’s Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples |FL 34104, to consider: PETITION NO. PDI-PL20240007161- REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2019-34, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT (PUD), TO AMEND SECTION 5.17.C SO THAT THE SECTION NO LONGER APPLIES TO LOTS 5 AND 6. THE VANDERBILT COMMONS PUD WAS ORIGINALLY ESTABLISHED AS THE CAROLINA VILLAGE PUD UNDER ORDINANCE NO. 2005-19, AS AMENDED. THE PUD NAME WAS CHANGED TO THE VANDERBILT COMMONS PUD BY ORDINANCE NO. 2017-47, AS AMENDED. THE ±2.51-ACRE SUBJECT PROPERTY IS WITHIN THE ±14.49-ACRE PUD AND LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF VANDERBILT 8": AND BUCKSTONE DRIVE IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/ calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray. Bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida ND-40166771 Ambros ia LNIslandwalk CIRMission Hills DR Acorn WAY Collier BLVDAnguilla WAY Acorn WAY BuckstoneDRVander bil t Beach RD SonomaOaksDRVanderbil t WAY 7 th AVE NW !I Project Location ND-40166784 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., September 26, 2024, in the Hearing Examiner’s Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. SV-PL20240007875 – REQUEST FOR A VARIANCE FROM THE LAND DEVELOPMENT CODE SECTION 5.06.04.F.9 WHICH REQUIRES “ON PREMISES DIRECTIONAL SIGNS” LOCATED INTERNAL TO THE SUBDIVISION OR DEVELOPMENT SHALL MAINTAIN A MINIMUM SETBACK OF 10 FEET FROM THE PROPERTY LINE, TO INSTEAD ALLOW FOR DIRECTIONAL SIGNS FOR PUBLIC PARKING FOR COMMERCIAL USES LOCATED IN THE ONE NAPLES MPUD MU TRACT 1, ALONG SOUTHBAY DRIVE NORTH OF VANDERBILT BEACH ROAD AND EAST OF GULF SHORE DRIVE, TO BE LOCATED A MINIMUM OF 5 FEET FROM THE PROPERTY LINE IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Vanderbilt DRPalm CT 9 1 s t AVE N 92 nd AVE N 9 3rd AVE NGulf Shore DRVanderbilt B e a c h R D Southbay DR RitzCarltonDR!I Project Location All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of- events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida NOTICE OF PUBLIC HEARINGNotice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., September 26, 2024, in the Hearing Examiner’s Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider:PETITION NO. PDI PL20240004116 – NAPLES PRESERVE VILLAS, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE ONYX RPUD, ORDINANCE 16-24 FOR (1), THE MODIFICATION TO EXHIBIT B TABLE 1 – RESIDENTIAL DEVELOPMENT STANDARDS TO ADD INTERNAL DEVELOPMENT STANDARDS FOR A PLATTED TOWNHOUSE DEVELOPMENT; AND (2) A DEVIATION FROM LDC 4.07.02.G.1, OPEN SPACE REQUIREMENTS, WHICH REQUIRES RESIDENTIAL PUD DISTRICTS TO PROVIDE A MINIMUM OF 60% USEABLE OPEN SPACE TO ALLOW 40% USEABLE OPEN SPACE. THE SUBJECT 8.72 +/- ACRE PARCEL IS LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD APPROXIMATELY ONE-HALF MILE NORTH OF RATTLESNAKE-HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record.Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104.As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk.As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov.If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting.Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Santa Barbara BLVDAdkins AVE Sunset BLVDCo bbl e s t on e LN RoyalWoodBLVDPolly AVEAmherstDROnyxCIRAdkins AVEEverett ST !IProjectLocationPARIS – French President Emman-uel Macron appointed Michel Barnier,the EU’s former Brexit negotiator, as hisnew prime minister on Thursday, task-ing him with unifying France and end-ing the political paralysis that followedan inconclusive snap election.The discreet, conservative politicianwill have the daunting challenge of try-ing to push reforms, and the 2025 bud-get, through a bitterly divided Parlia-ment, under the constant threat of avote of no confidence.At 73, Barnier is the oldest primeminister in France’s modern politicalhistory, taking over from Gabriel Attal,who was the youngest. It took Macrontwo months to appoint him, after theelection failed to yield a clear majority.The left – which placed first in theelection but without an absolute major-ity – made clear it would be a staunchopponent.“The election was stolen from theFrench people,” hard-left leader Jean-Luc Melenchon said, calling for streetprotests on Saturday. Another hard-leftlawmaker, Mathilde Panot, called it an“unacceptable democratic coup.”Much will depend on the far-rightNational Rally, Parliament’s biggestsingle party, which indicated it wouldnot block Barnier for now, but could doso later if demands were not met.“We will plead for the major emer-gencies of the French – the cost of liv-ing, security, immigration – to finally beaddressed, and we reserve all politicalmeans of action if this is not the case inthe coming weeks,” National Rally lead-er Jordan Bardella said.Barnier is a staunch pro-Europeanand a moderate career politician,though he toughened his discourseconsiderably during a failed 2021 bid tobecome his conservative party’s presi-dential nominee, saying immigration was out of control.Barnier first became a lawmaker atage 27, and held roles in several Frenchgovernments, including foreign minis-ter and agriculture minister, though hehas been out of political office in Francefor 15 years, spending most of that timeat EU headquarters in Brussels.He is best known abroad for havingled the EU’s talks with Britain over itsexit from the bloc.Macron had considered a string ofpotential prime ministers in recentweeks, none of whom musteredenough support to guarantee a stablegovernment.French bank sharesedged up, governmentborrowing costs fellslightly, and the euronudged higher, in posi-tive signs from financialmarkets following theappointment.Barnier’s politicalviews are overall close to Macron’s, andit was crucial for the French presidentthat his new prime minister not try toundo reforms pushed through over thepast years, in particular pensionchanges that angered the left.It remains unclear if Barnier willfully try to implement Macron’s politi-cal agenda or bring in new proposals.He will need in any case to negotiatewith other parties to get legislationadopted in Parliament.As Macron’s hunt for a prime minis-ter dragged on, public finances deterio-rated, and outgoing Finance MinisterBruno Le Maire has said that tens of bil-lions of euros in budget cuts are neededto plug the hole.Macron’s gamble to call the snapparliamentary election backfired, withhis centrist coalition losing dozens ofseats and no party winning an absolutemajority. Voters did, however, rally todeny the National Rally a victory.National Rally lawmaker Laurent Ja-cobelli said a condition for not oustingBarnier would be that Parliament bedissolved as soon as possible – whichwould be next July. Macron names Brexitnegotiator new PMDivided Parliament a challenge for Barnier Elizabeth Pineau and Ingrid MelanderREUTERS Barnier Page 91 of 528 Page 92 of 528 Page 93 of 528 Page 94 of 528 Page 95 of 528 11/14/2024 Item # 3.B ID# 2024-1287 ** This item has been continued from the October 24 2024, HEX Meeting ** Petition No. NUA - PL20240009263 - Benton Road and Lamb Lane - Request for a non-conforming use alteration pursuant to LDC Section 9.03.03.B to allow the replacement of a non-conforming manufactured home which was damaged beyond repair in the 2023 31st Street fire. The subject property is ±5 acres and located at 2650 Lamb Lane, approximately 350 feet north of the intersection of Benton Road and Lamb Lane, in Section 24, Township 49 South, Range 27 East, Collier County, Florida [Sean Sammon, Planner III] Commissioner District 5 ATTACHMENTS: 1. Staff Report - NUA PL20240009263 - 2650 Lamb Ave 2. Attachment A - Backup Package 3. Attachment B - Site Plan -2650 Lamb Lane 4. Attachment C - HEX Ad and Sign Posting Photos Page 96 of 528 NUA-PL20240009263; 2650 Lamb Ave Page 1 of 7 October 1, 2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION – ZONING SERVICES SECTION DATE: OCTOBER 24, 2024 SUBJECT: NUA-PL20240009263; 2650 LAMB AVE ______________________________________________________________________________ Owner: Agent: Shirley A. Speight, Natalie Saviski Penny Taylor & Nanette Brechtel 2650 Lamb Lane Naples, FL 31447 Collier Community Foundation 1110 Pine Ridge Road, Ste 200 Naples, FL 34108 REQUESTED ACTION: The petitioner requests the Collier County Hearing Examiner approve a non-conforming use alteration (NUA) pursuant to LDC Section 9.03.03.B to allow the replacement of a non- conforming manufactured home that was damaged beyond repair in the 2023 31st Street fire. GEOGRAPHIC LOCATION: The subject property is ±5.3 acres and is located at 2650 Lamb Lane, approximately 350 feet north of the intersection of Benton Road and Lamb Lane, in Section 24, Township 49 South, Range 27 East, Collier County, Florida. (See location map on page 2). Page 97 of 528 NUA-PL20240009263; 2650 Lamb Ave Page 2 of 7 October 1, 2024 Page 98 of 528 NUA-PL20240009263; 2650 Lamb Ave Page 3 of 7 October 1, 2024 PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests an NUA pursuant to LDC Section 9.03.03.B to allow the replacement of a non-conforming manufactured home damaged beyond repair in the 31st Street fire in 2023. This property was originally developed in the early 1980s, and a manufactured home was placed on the ±5.3 acre lot as a residence. The original manufactured home was permitted in 1984, under permit number 83-4238, with a Certificate of Occupancy (C.O.) date of November 15, 1983. The current owners, Shirley A. Speight, Natalie Saviski, and Nanette Brechtel acquired the subject property on April 21, 2004. The 31st Street fire damaged the manufactured home beyond repair, and this request is to replace the damaged manufactured home with a new manufactured home built according to the 2024 resiliency standards. The lot is outside any civic association boundaries. It was partially cleared for the original structure, and subsequent owners have maintained that clearing. LeeCorp Homes is the retailer for the manufactured home, and LCH Enterprise is the builder. LCH Enterprise is licensed with the County and is the sister company of LeeCorp Homes. SURROUNDING LAND USE & ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property: North: Developed agricultural use for ornamentals and miscellaneous agriculture, with a current zoning designation of Agricultural (A) Zoning District East: Developed agricultural use for bees, poultry, tropical fish, and rabbits, with a current zoning designation of Agricultural (A) Zoning District South: Developed residential mobile homes with a current zoning designation of Agricultural (A) Zoning District West: Lamb Lane and then developed residential mobile homes, with a current zoning designation of Rural Agricultural (A) District Page 99 of 528 NUA-PL20240009263; 2650 Lamb Ave Page 4 of 7 October 1, 2024 Source: Collier County Property Appraiser Subject Property Zoning Map, 2024; Source: Collier County GIS, ESRI SUBJECT PROPERTY SUBJECT PROPERTY Page 100 of 528 NUA-PL20240009263; 2650 Lamb Ave Page 5 of 7 October 1, 2024 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Agricultural/Rural Designation (AG) within the RF- Sending (RFS) lands of the County’s Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual NUA requests but deals with the larger issue of the actual use. As previously noted, the petitioner requests an NUA pursuant to LDC Section 9.03.03.B to allow the replacement of a non-conforming manufactured home that was damaged beyond repair in the 31st Street fire in 2023. The subject use is consistent with the FLUM of the GMP. The requested NUA does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: The original manufactured single-family home was permitted, built, and C.O.’d on the property in 1983. The structure was destroyed during a forest fire in 2023. The new manufactured home will be a replacement of a similar size and footprint as the original manufactured home. During the construction process, the owners may need a new septic and well. The manufactured home will be transported to the subject property. It will be rated to Wind Zone 3 and designed and built to be 1 foot higher than the base flood elevations (BFE+1’) or 24 inches above the crown of the road (COR), whichever is higher. Staff believes this petition request and justification satisfies all criteria and is sufficient for the NUA process in the LDC, according to the LDC Sec. 9.03.03.B.5., “Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable building code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefore is obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home, the Planning Commission and the BCC shall consider and base its approval on the following standards and criteria” The decision to grant an NUA is based on the criteria in LDC Section 9.03.03.B.5.a through f. (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located. Page 101 of 528 NUA-PL20240009263; 2650 Lamb Ave Page 6 of 7 October 1, 2024 Replacing the damaged manufactured home on the lot with a new manufactured home meeting all Collier County code requirements will not increase the density on the lot since this is replacing one unit with one unit. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. The replacement of the damaged manufactured home with a new manufactured home will not exceed the building height requirements of the district, which is a maximum of 35 feet tall. c. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback. Replacing the damaged manufactured home with a new one that will meet all Collier County code requirements will not encroach upon any non-conforming setback. The proposed replacement manufactured home will be setback 146 feet from the front property line, 144 feet from the north side, 140 feet from the south side property lines, and 507 feet from the rear property line. This is sufficient and meets all current setbacks for the Agricultural zoning district of a minimum 50 feet from the front and rear property lines, and a minimum 30 feet on both side property lines. d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. The parking area for the new manufactured home will not decrease or be further decreased by the replacement structure. e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and The replacement of the damaged manufactured home with a new one will not damage the character or quality of the neighborhood in which it will be located. The original manufactured home was permitted and built in 1983, with no history of code complaints or code enforcement issues. f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. Replacing the damaged manufactured home with a new one will not threaten the health, safety, or welfare of the community or its residents. Staff believes that based on the event of the fire that happened in 2023, this will inevitably improve the subject property compared to it as it currently is. Page 102 of 528 NUA-PL20240009263; 2650 Lamb Ave Page 7 of 7 October 1, 2024 NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM is not required for a Nonconforming Use Alteration. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition NUA- PL20240009263, according to Attachment B, Site Plan – 2650 Lamb Lane. Attachments: A. Backup Package B. Site Plan – 2650 Lamb Lane C. HEX Ad and Sign Posting Photos Page 103 of 528 HEARING PACKAGE CHECKLIST Return this form with printed material s A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC}. DO NOT 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. Backup provided by Applicant: 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. Revised 5/18/2018 __ Application, to include but not limited to the following: __ Narrative of request __ Property Information __ Property Ownership Disclosure Form __ 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 __ Affidavit of Representation __ 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 Deviation Justifications Provide to Agents G:\CDES Planning Services\Current\Zoning Stiff lnformation\Job Aides or Help Guides Page 104 of 528 __ Boundary Survey __ Other documents, as needed, on a case-by-case basis such as relevant prior Ord inances, Conditional Uses, historical documents, any "private or legal " agreements affecting the PUD etc. _ Submerged Resource Surveys may be included here if required . __ CD with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all mater ials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multipl e files) i -ih me order as the pr'nted materials. It is the agent's responsibility to ensure no documentation is left out. Signature o Agent Representative ~NE/4/J e A . ?;iy/4&-rfl««f J Printed Name of Signing Agent Representative Date Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff lnformation\Job Aides or Help Guides Page 105 of 528 Page 106 of 528 Page 107 of 528 Evaluation Criteria 1. The replacement of the damaged manufactured home on the lot with a new manufactured home meeting all Collier County code requirements will not increase the density on the lot. 2. The replacement of the damaged manufactured home with a new manufactured home will not exceed the building height requirements of the district. 3. The replacement of the damaged manufactured home with a new manufactured home meeting all Collier County code requirements will not encroach upon any non-conforming setback. 4. The parking area for the new manufactured home will not decrease or be further decreased by the replacement structure. 5. The replacement of the damaged manufactured home with a new manufactured home will not damage the character or quality of the neighborhood that it will be located in. 6. The replacement of the damaged manufactured home with a new manufactured home will not present a threat to the health, safety, or welfare of the community or its residents. The home is a single-family home built in a factory and transported to the site, where it's installed on a foundation, and it is built to the federal Manufactured Home Construction and Safety Standards, also known as the HUD code. HUD manufactured homes are built with a dry stack block foundation. HUD does not require a poured foundation. Page 108 of 528 Page 109 of 528 Page 110 of 528 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) f L 2 6 L '1-0 0 O Cf 2 lo .3 I, Na nuf e.-BR t e._1-fTE L (print name), as ___________ (ti tl e, if applicable) of :2.b .50 LiC\m §.S L A NE (company , l~licable), swear or affirm under oath , that I am the (choose one) owner[XJ applicant[Jcontract purchaserL_Jand that: \f *Notes: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance w ith this application and the Land Development Code ; 2 . All answers to the questions in this application and any sketches , data or other supplementary matter attached hereto and made a part of this application are honest and true ; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application ; and that 4 . the . p~ope~ -wiffj:be transferred, conveyed, sold or subdivided s4bject Jo the conditions and restrictions imposed b the approved action. /\ lt w, II be. 5. We/I authorize E Nf\/ ""7Pt /o /J... to act as our/my representat ive 1 in any matters regarding th is p tition including 1 through 2 above. ~fo.t"e. Cf R,~,v't t. :Pc,a11\1~ IA'j/oA 1 C,ol11tl\. Co••o~,~ ~u,,,.,L..::ft•tN., fltoo/~ (!o~,.t,I.. • If the applicant is a corporation , then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee ". • In each instance , first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that th:;i\:@~ S ignature ¥Dal~ '--W<..-@ ~ STATE OF FLORIDA COUNTY OF COLLIER The forego ing instru!!1ent was acknowleged before me by means of ~ysical presence or □ on line notari zati on this &,., day of~,1.,._...-.,.-'", 2o~i by (printed name of owner or qualifier) /V~"c f)-e. C ... .1.nJ , 1-c. l3r,c>w.k..f Such person(s) Notary Public must check applicable box : D Are personally known to me (3-mrs" produced a curre D Has produced -,...---1-----r-c:..- Notary Signature \.----+--w---tir-+----r-------- CP\08-COA -00115\I SS REV 3/4/2020 JAIRO GUTIERREZ Nolary Publi c. State ot Florida Com itfrs!io?.k Rl'l~97B26 My cemm . expires Aug . 26 . 2026 Page 111 of 528 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) _........:...P .... L=---4':---""2-;:;....o-.<..7-_l/--..;.__0_0_0_9...,__;;-2.._;fo:=;._3 _______ _ 1. Sw ,aLE-:'I ,SPE-t ~H f' (print name), as ~&i&le , if under oath, that I am the (choose one) owne~gJapplicantQ;ontract purchaser , swear or affirm and that: *Notes: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with th is application and the Land Development Code ; 2. All answers to the questions in this application and any sketches , data or other supplementary matter attached hereto and made a part of this application are honest and true ; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through th is application ; and that ~ The property~ transferred , conveyed, sold or subdivided subjectl\to the conditions and restrictions imposed by the approved action . ,.,. wi&-L Se. 5. We/I authorize n lD 4 ~ t~ /l.'4rv. to act as our/my representative in any matters regard in this petition including 1 through 2 above . \ pn.o, ,tit HI\. G,o reL,,,._.;1-dr C, I I Hi fL. Co u.c. WL u. ,c ; -1-'1 -=f:o u.." oL o.:1-"' ~ • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership . • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee 's name and the words ·as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fac s stated In It are true. / f Date STATE OF FLORIDA :::Ci\ 1 f\ o u COUNTY OF COLLIER t,t,,{c.--)t e.n. <'j The foregoing instrument was acknowleged before me by means of J,kf physical J>resence or D online notarization this ~ day of SfP:C , 201:!f._, by (printed name of owner or qualifier) SH 1a1,.py 5P£t~l{::C . Such person(s) Notary Public must check applicable box: Ji(' Are personally known to me D Has produced a current drivers license _____ _ D Has produced -:;:::===::---r-=::::::::::---.F._. CP\08-COA-00115\155 REV J/4/2020 NOTARY P UBLIC STAT E OF ILLIN OIS My Com mission Expi res 03-26 -2027 Page 112 of 528 AFFIDAVIT OF AUTHORIZATION DL· ..JJ:. -,o""'I ''o ,..._o a.,' -:, FOR PETITION NUMBERS(S) ____ , ______ ~ __ ;.. ____ '-t" __ u _ _,.;.,_"'-=-'0-..:) _______ _ -~.&..tJ..:l,=.:.;I E~~S::;.iA..:..v:..:.,...;...'; .;;..:JS:..a.~.;::.a{ ___ (print name), ~as .... _-______ ----------------------------_ ------f,fffl@!--ff I under oath, that I am the (choose one) owner[K]applicantDontract purchaser 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; • 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4i:The property ~&m ee transferred, conveyed, sold or subdivided A subject to the conditions and restrictions imp~ed by the approved action '.:r:'T WILL '6e 5. We/I authorize JiN&IY ~YU)fl fawEa:: ~ffl1. Hk4NDA-r10J \ to act as our/my representative in any matters regarding this pettion including 1 through 2 above.\ ~fce.+c.. G .tA1t..t f *Notes: P11-o 'tit.ii\~ Co 6J\cJ.J,t~ ~ • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behaff of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the ·general partne,. of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first detennine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ~Jo LJ cz ~ui-LL • STATE Of FLOAl9A I LLI NO l 5 COUNTY OF QObbliR rv, '-f+ (;" N ~ ~ Da'te The foregoing instrument was acknowl~ed before me by means of DlJ physical presence or □ online notarization this ~ day of l5f:,Pr , 20~ by (printed name of owner or qualifier) NA Tl/ LIE. ,SA V, :"<, 5~ ( . Such person(s) Notary Public must check applicable box: ~Are personally known to me D Has produced a current drivers license _____ _ D Has produced -====::;:==::::::--;;-~- Notary Signature: CP\08-COA-00115\155 REV l/4/2020 OFFICIAL SEAL . ARROLL NOTARY PUBLIC STATE OF ILLINOIS My Commission Expires 03-26-2027 Page 113 of 528 APPLICANT CONTACT INFORMATION State: Name of Property Owner(s): Name of Applicant if different than owner: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: If Property is under contract to be sold: Name of Property Buyer(s): Name of Applicant if different than buyer: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: City:City: State:State: ZIP:ZIP: Cell:Cell: City:City: ZIP:ZIP: Cell:Cell: City: State: ZIP: Cell: City: ZIP: Cell: State: NON-CONFORMING USE ALTERATION (NUA) PETITION Land Development Code section 9.03.03 B Chapter 6 H of The Administrative Code Page 114 of 528 PROPERTY INFORMATION Section/Township/Range: / / Subdivision: Lot:Block: Property I.D. Number: Metes & Bounds Description: Page #: Plat Book: ft. x ft. = Total Sq. Ft. Acres: Address/ General Location of Subject Property: Size of Property: ADJACENT ZONING AND LAND USE Zoning Land Use N S E W EVALUATION CRITERIA Pursuant to LDC section 9.03.03 B, staff’s analysis and recommendation to the Office of the Hearing Examiner shall be based upon consideration of the applicable criteria noted below. On a separate sheet attached to the application, provide a narrative statement describing the Nonconforming Use Alteration with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 1.The alteration, expansion, or replacement will no increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located; 2.The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; 3.The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; 4.The alteration, expansion, or replacement will not will not decrease or further decrease the existing parking areas for the structure; 5.The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and 6.The alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. Page 115 of 528 ASSOCIATIONS 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. City: State: ZIP: City: State: ZIP: 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: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City:State: ZIP: Pre-Application Meeting and Final Submittal Requirement Checklist for: Non-Conforming Use Alteration 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 Pre-Application meeting notes/minutes Aerial Photograph Completed Addressing Checklist Affidavit of Authorization, signed and notarized Site Plan drawn to scale Narrative statement covering the nature of petition Proof of ownership or interest in property, deed or contract to purchase Electronic Copies of all documents and plans Property Owner Disclosure Form Page 116 of 528 C ~-r County ~ Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone : (239) 252-1036 I Email : GMDCl ientServices@colliercountyfl .gov www.colliercountyfl .gov ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: [Z] 0 □ • 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 . FEE RE QU IREM ENTS Non-conforming Use Alteration Petition: $1,500.00 Estimated Legal Advertising fee: $1,125.00 If applicable, an additional fee for Property Owner Notlflcations will be billed to the applicant after hearing date (Variable) 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 Comm issioners. 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 GMO Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl .gov Date Pri nted named of signing party 01/2023 Page 4 of 4 Page 117 of 528 Page 118 of 528 Page 119 of 528 Page 120 of 528 Page 121 of 528 Page 122 of 528 Page 123 of 528 Page 124 of 528 Page 125 of 528 Page 126 of 528 Page 127 of 528 Page 128 of 528 Page 129 of 528 Page 130 of 528 Page 131 of 528 Page 132 of 528 Page 133 of 528 Page 134 of 528 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Page 135 of 528 d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 136 of 528 Co~r County -- Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDCllentServices@colliercountyfl.gov www.colliercountyfl.gov 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 Community Development Department I GMO Portal: https:/ / cvportal.colliercountyfl.gov / cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov 4 9 /;z/zµ Agent/Own Signat '/h_ /ll9-N4. 6 oZd. olde 9;el9-n'e ~ t!J/ & II //;JI!, &t«#l tutiry ~ t.uul~ N>'C-, Date Agent/Owner Name (please print) f?,N /f/_j' T 1Y /4rL 01/2023 Page 3 of 3 I Page 137 of 528 Page 138 of 528 Addressing Checklist 6/14/2024 Page 1 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Addressing Checklist GMCD Public Portal Land Development Code Administrative Code Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * 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. *Name of Owner/Agent: Firm [if agent]: *Address:*City:*State:*ZIP: *Telephone:Cell:Fax: *E-Mail Address: *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: *Legal Description of subject property or properties [Attach list if necessary]: Street Address(es) where applicable, if already assigned: Applicant Contact Information Location Information Page 139 of 528 Collier County Addressing Checklist 6/14/2024 Page 2 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ 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 of project name and/or street name may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: 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.☐ Project Information Submittal Requirement Checklist The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMCD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: Front.Desk@colliercountyfl.gov Page 140 of 528 Page 141 of 528 See reverse for more information PUBLIC HEARING NOTICE 2650 Lamb Lane (NUA) Petition Type: Non-Conforming Use Alteration Petition No.: PL20240009263 Planner Name: Sean Sammon Phone: (239) 252-8422 Hearing Examiner: Date: 10/24/2024 Time: 01:00 PM Location: GMCD Conference Room 609/610 2800 N. Horseshoe Dr, Naples, FL 34104 This is to advise you of an upcoming public hearing because you may have interest in the proceedings, or you own property located near the vicinity of the following property. For more information, or to register to participate remotely: https://bit.ly/Public_Hearings *Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues For difficulties registering please call Ailyn Padron at (239) 252-5187 or email to ailyn.padron@CollierCountyFL.Gov. Meeting information: Individual speakers may be limited to five (5) minutes on any item. Persons wishing to have written or graphic materials included in the agenda packets must submit materials a minimum of ten (10) days prior to the respective public hearing, to the county staff member noted above. All material used in presentations before the Hearing Examiner 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 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division, located at 2800 N. Horseshoe Drive, Naples, FL 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available upon request. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Community Development Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Page 142 of 528 Hearing Examiner to consider the following: PETITION NO. NUA-PL20240009263 – REQUEST FOR A NON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.B TO ALLOW THE REPLACEMENT OF A NON-CONFORMING MANUFACTURED HOME WHICH WAS DAMAGED BEYOND REPAIR IN THE 2023 31ST STREET FIRE. THE SUBJECT PROPERTY IS ±5 ACRES AND LOCATED AT 2650 LAMB LANE, APPROXIMATELY 350 FEET NORTH OF THE INTERSECTION OF BENTON ROAD AND LAMB LANE, IN SECTION 24, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Page 143 of 528 Page 144 of 528 11/14/2024 Item # 3.C ID# 2024-1641 Petition No. VA-PL20230014809 – 3512 Okeechobee ST - Request for a variance from Land Development Code Section 4.02.01.A. Table 2.1, to reduce the required RSF-4 zoning district front yard setback from 25 feet to 15.9 feet on the east property line and the side yard setback from 7.5 feet to 7.2 feet on the north property line for the proposed accessory attached porch, to reduce side yard setback from 7.5 feet to 7.2 feet on the north property line and the front yard setback from 25 feet to 24.7 feet on the east property line for the existing residential structure, and to reduce the side yard setback from 7.5 feet to 7.3 feet on the north property line for the existing accessory covered lanai, on a 0.17± acre property located ±680 feet southwest of the intersection of US-41 and Osceola Avenue at 3512 Okeechobee Street, Naples, FL, 34112, also described as Lot 17, Block E, South Tamiami Heights subdivision, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4 ATTACHMENTS: 1. PL20230014809 - Staff Report - 3512 Okeechobee ST (VA) 2. Attachment A - Backup Package 3. Attachment B - Conceptual Site Plan 4. Attachment C - Permit #66-708 5. Attachment D - Legal Ad & HEX Sign Posting Page 145 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 1 of 8 October 17, 2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 14, 2024 SUBJECT: PETITION VA-PL20240014809; 3512 OKEECHOBEE ST _____________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant/Owner: Carmen Palmisano Subject Property Owner 3512 Okeechobee Street Naples, FL 34112 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider a variance request from the Land Development Code Section 4.02.01.A. Table 2.1, to reduce the required RSF-4 zoning district front yard setback from 25 feet to 15.9 feet on the east property line and the side yard setback from 7.5 feet to 7.2 feet on the north property line for the proposed accessory attached porch, to reduce side yard setback from 7.5 feet to 7.2 feet on the north property line and the front yard setback from 25 feet to 24.7 feet on the east property line for the existing residential structure, and to reduce the side yard setback from 7.5 feet to 7.3 feet on the north property line for the existing accessory covered lanai. GEOGRAPHIC LOCATION: The subject property is a ±0.17-acre property located ±680 feet southwest of the intersection of US-41 and Osceola Avenue at 3512 Okeechobee Street, Naples, FL, 34112, also described as Lot 17, Block E, South Tamiami Heights subdivision, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. (See location map on page 2). Page 146 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 2 of 8 October 17, 2024 SITE LOCATION MAP Page 147 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 3 of 8 October 17, 2024 PURPOSE/DESCRIPTION OF PROJECT: The property is a ±0.17-acres legal nonconforming lot located in the Residential Single-Family-4 (RSF-4) zoning district, subject to the design standards located in the LDC Sec. 4.02.01.A. for principal structures and LDC Sec. 4.02.03.D. for accessory structures. The owner/applicant requests to reduce the required RSF-4 front and side setbacks for the existing principal residential structure, the existing accessory lanai, and the existing unpermitted accessory front porch. The subject property is currently developed and located approximately 680 feet southwest of the intersection of US-41 and Osceola Avenue at 3512 Okeechobee Street, Naples, FL, 34112, and within the Urban Coastal Fringe Subdistrict as part of the Future Land Use Map (FLUM) of Collier County. (See Attachment B, Conceptual Site Plan). Historically, the subject property was developed and permitted for a single-family house originally on August 17, 1966, under permit number 66-708, and a separate permit number 74- 1119 was permitted, and a Certificate of Occupancy (C.O.) was completed on November 15, 1974. The current owner, Ms. Carmen Palmisano, acquired the property on June 30, 2022, and inherited the requested encroachments from the original residential structure and accessory lanai. Ms. Palmisano’s granddaughter, Havana, was born with isolated lissencephaly, which is a disability that prohibits Havana from the ability to talk or walk by herself. She requires a special wheelchair, and she needs specific hoists to assist her in order to get in and out of the house, in which the front porch is a necessity to help her enter and exit through the front door. According to Ms. Palmisano, she was misled by a contractor who went ahead and constructed the front porch in February 2023 without obtaining a permit. The permit application was submitted after-the-fact under permit application number PRFH20230207419, but it was rejected since it also didn’t meet the minimum required front setback. There were Code Enforcement cases that were open due to the front porch addition: •CEMIS20230001550: Opened on February 21, 2023 Case Description: CE Observed while on patrol what appeared to be a new porch added to the structure. In the aerial below, there is no porch. City View does not show a permit for this porch. Closed on February 22, 2023 •CESD20230001722: Opened on March 6, 2023 Case Description: Unpermitted porch addition. See case CEMIS20230001550 A pre-application meeting was held on November 15, 2023, to coordinate the Variance petition to help resolve the encroachment and code case issues. The applicant submitted the variance application on March 8, 2023. Ms. Palmisano coordinated with staff to schedule the HEX Hearing for November 14, 2024. The current owner of the subject property has demonstrated the need for a variance for the requested setbacks, specifically: Page 148 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 4 of 8 October 17, 2024 •FRONT PORCH: To reduce the required RSF-4 zoning district front yard setback from 25 feet to 15.9 feet on the east property line To reduce the side yard setback from 7.5 feet to 7.2 feet on the north property line •EXISTING RESIDENTIAL STRUCTURE: To reduce the side yard setback from 7.5 feet to 7.2 feet on the north property line To reduce the front yard setback from 25 feet to 24.7 feet on the east property line •EXISTING ACCESSORY COVERED LANAI: To reduce the side yard setback from 7.5 feet to 7.3 feet on the north property line Staff recognizes the need for a variance for the principal residential and accessory structures on the subject property. Further staff analysis is in response to the variance criteria and is included below in the Zoning Division Analysis section. SURROUNDING LAND USE AND ZONING: North: Developed single-family residential with a zoning designation of Residential Single- Family-4 (RSF-4) zoning district. East: Okeechobee Street and then a mix of developed and vacant single-family residential with a zoning designation of Residential Single-Family-4 (RSF-4) zoning district South: Developed single-family residential with a zoning designation of Residential Single- Family-4 (RSF-4) zoning district. West: Developed single-family residential and then Cherokee Street with a zoning designation of Residential Single-Family-4 (RSF-4) zoning district. Aerial Map – Collier County Property Appraiser SUBJECT PROPERTY Page 149 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 5 of 8 October 17, 2024 Base Zoning Map – Collier County GIS/ESRI SUBJECT PROPERTY Page 150 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 6 of 8 October 17, 2024 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Coastal Fringe Subdistrict land use classification on the County’s Future Land Use Map (FLUM). The purpose of this Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). The Subdistrict comprises those Urban areas south of US 41, generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises approximately 11,354 acres and 10% of the Urban Mixed-Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation designated area, residential densities within the Subdistrict shall not exceed a maximum of four (4) dwelling units per acre, except as allowed in the Density Rating System to exceed four (4) units per acre through provision of Affordable Housing and Transfers of Development Rights, and except as allowed by certain FLUE Policies under Objective 5, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. As stated, the applicant seeks a Variance for the existing residential structure, the existing accessory lanai and the existing unpermitted accessory front porch for the RSF-4 zoned subject property, which is an authorized land use. The Growth Management Plan (GMP) does not address individual variance requests related to land use. However, the current use of the subject property is consistent with the GMP. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff have analyzed this petition relative to these provisions and offer the following responses: a.Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved? Yes, the subject property is a legal, non-conforming interior lot, both in minimum lot width and minimum lot area. In the RSF-4 zoning district, the development minimum lot width is 70 feet, and the minimum lot area is 7,500 square feet. The subject property has a lot width of 60 feet and an overall lot area of 7,200 square feet. The existing structure was permitted and built in 1966, and according to the most recent survey, the house has a few encroachments, most likely due to the fact the measurements were not exact back in the original construction. The current owner acquired the property on June 30, 2022, inheriting the structural issues with the residence. The owner also has a granddaughter who lives at the property and has physical and cognitive disabilities that require special care. The fundamental need for the front porch is to more easily and effectively transport her in and out of the house with the required medical equipment and attention. b.Are there special conditions and circumstances which do not result from the action of Page 151 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 7 of 8 October 17, 2024 the applicant, such as pre-existing conditions relative to the property, which are the subject of the Variance request? There is a special condition that is not the result of the action of the applicant. The existing structure was permitted and built in 1966, and according to the most recent survey, the house has a few encroachments, most likely due to the fact the measurements were not exact back in the original construction. The current owner acquired the property on June 30, 2022, inheriting the structural issues with the residence. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? A literal interpretation of the provisions of Sec. 4.02.01.A.1.Table 2.1 and Sec. 4.02.03.D., the RSF-4 setbacks for the principal residential structure and the accessory front porch setback, which is the same as the principal structure (SPS), would cause the client unnecessary and undue hardship due to the condition and age of the structures since they could not be moved and would have to be demolished. d.Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promotes standards of health, safety, and welfare? The required variance is the minimum variance specified since the principal residential structure is an existing structure. The owner was misled by a contractor that built the porch without a permit. There will be no additional encroachment on what already exists, and it is anticipated to have no effect on the standards of health, safety, or welfare and will make possible the reasonable use of the land. e.Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Granting this variance will not confer a special privilege. The variance being sought is in line with the intent of the code to provide a property owner with the ability to avoid unnecessary and undue hardship due to special circumstances, such as the actions of a previous owner. f.Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare? Granting this variance will be in line with the intent of the LDC section 9.04.00, as allowing it would prevent unnecessary and undue hardship on the property owner while having no measurable impact on the public interest, safety, or welfare. The residence has existed since 1966; the only code issue recorded was for the unpermitted porch. There have been no complaints by the neighbors, and they have provided letters of support for the purpose and intent of the variance for the front porch. Lastly, the improvement to the Page 152 of 528 VA-PL20240014809 – 3512 Okeechobee ST Page 8 of 8 October 17, 2024 subject property assists in improving the value and beautifying the property. g.Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.? The only conditions on the subject property would result from physically induced conditions for a legal nonconforming lot in the RSF-4 zoning district. The lot width is 10 feet less than the minimum requirement, yet the legal setbacks still apply for this zoning district. The minimum side setback for the subject property is 7.5 feet, and this is not enough space for maneuvering the necessary medical equipment for the owner’s granddaughter around the house if the porch were located in the rear of the structure. No other natural conditions exist. h.Will granting the Variance be consistent with the Growth Management Plan? Granting this regulation would be consistent with the GMP. According to the Future Land Use Element (FLUE), a single-family residential structure is a permitted use for the subject property in the Urban Coastal Fringe Subdistrict. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance does not impact any preserve area, the EAC did not hear this petition. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition PL20230014809, a request from the Land Development Code Section 4.02.01.A. Table 2.1, to reduce the required RSF-4 zoning district front yard setback from 25 feet to 15.9 feet on the east property line and the side yard setback from 7.5 feet to 7.2 feet on the north property line for the proposed accessory attached porch, to reduce side yard setback from 7.5 feet to 7.2 feet on the north property line and the front yard setback from 25 feet to 24.7 feet on the east property line for the existing residential structure, and to reduce the side yard setback from 7.5 feet to 7.3 feet on the north property line for the existing accessory covered lanai, as depicted within Attachment B. Attachments: Attachment A: Backup Package Attachment B: Conceptual Site Plan Attachment C: Permit #66-708 Attachment D: Legal Ad and HEX Sign Posting Page 153 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT 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. Backup provided by Applicant: 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. ____ Application, to include but not limited to the following: ____ Narrative of request ____ Property Information ____ Property Ownership Disclosure Form ____ 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 ____ Affidavit of Representation ____ 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 ____ Deviation Justifications Page 154 of 528 _l Bou nda ry 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. N /ASubmerged Resource Surveys may be included here if required. N/A CD with only one pdt file lor all documents in the same order as the packets are put together. Thev must be in the same order. 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 all copies erl ls ide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple f materia is the agent's responsibility to ensure no umentation is Ieft out. e aDe 4 cfrPnAei) Printed Name of Signing Agent Representative Dateaprese ntative er as the Revised 5/18/2018 Provide to Agents 6:\CDES Planning SeMces\Cunentvoning Staff lnfonnationvob Aides or Help Guides Page 155 of 528 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT wwW.colliergov.net PROJECT NUMBER PROJECT NAME DATE PROCESSED Variance from Setbacks Required for a Particular Zoning Distrit E-Mail Address: Name of Agent: Firm: Collier County Address: Name of Property Owner(s: CARNeNB.oiSANO Name of Applicant if different than owner: Address:252 Okachebee STcity: agles Telephonee03-820 -6345 cel CbeNeila Vahre. Telephone:. VARIANCE PETITION APPLICATION E-Mail Address: 4/27/2018 LDC section 9.04.00 & Code of Laws section 2-83-Z-90 Chapter 3J. of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 To be completed by staff APPLICANT CONTACT INFORMATION Cell: City: State: Fax: State: Fax: ZIP: 34L3 ZIP: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Page 1 of6 Page 156 of 528 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Provide a detailed legal description of the property covered by the application: (f space is inadequate, attach on separate page) Metes & Bounds Description: Property l.D. Number: 2413 Subdivision:^asth Raiani keigs S E W Collier County Front: Side: 7S Rear: PROPERTY INFORMATION Aodress/ General Location of Subject Property: 55/1 Dkeechobee S, es Es Zoning 4/27/2018 oo0 Minimum Yard Requirements for Subject Property: Corner Lot: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Section/Township/Rarnge: 15DA ADJACENT ZONING AND LAND USE Yes Unit: No |Deve lepo d Waterfront Lot: YesNo X Lot: 1_Block Total Acreage 413 Land Use denTia ELefed Kesudeit Reside T Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Page 2 of 6 Page 157 of 528 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENI www.colliergov.net Name of Homeowner Association: Mailing Address: Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergoV.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Collier County ASSOCIATIONS City: City: City: 4/27/2018 City: Ccity:. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 NATURE OF PETITION State: State: State: State: State: On a separate sheet, attached to the application, please provide the following: ZIP: ZIP: ZIP: ZIP: ZIP: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2.. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved, NoTheRe ARe No Ex1stG SpeciAL CoNioNs eR CiRGU M STANCES. Page 3 of6 Page 158 of 528 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Collier County e nere special conditions and circumstances wbich do not result from the action or ne PPMalt Sucn as pre-existing conditions relative to the nronerty which is the subject Of ne variance request. No, haee Ake Ne pre-ex1st;NG CeNdiTioNS. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 C) Will a literal interpretation of the proisions of this zoning code work unnecessary ano unue hardship on the applicant or create practical difficulties on the applicant. ? APPlrcANt AARdship A ER. Please See a) Willthe variance, if granted, be the minimum variance that will make possible the redsoiou e lang, building or structure and which promote standards of health, safety or weltdre. yes T wi| mAKe goss1 ble the ResONAb se oF Tue hHr W3ranting the variance requested confer on the petitioner any special privilege that IS oeie Dy tnese zoning regulations to other lands, buildings, or structures in the same zoning distritl Ny T is CoNTA)Ned wiThIN The bowdARes of The Profeeiy t) Will granting the variance be in harmony with the intent and purpose of this zoning code, diu be injurious to the neighborhood, or othenwise detrimental to the public welfare. Improves the VISDAL A fPe AL OP the NegHbnhood. 8) Are there natural conditions or physically induced conditions that ameliorate the goais a objectives of the regulation such as natural preserves, lakes, golf course, etc. No, Thek 4/27/2018 h) Will granting the variance be consistent with the Growth Management Plan? Ve S, I DYes NO yes, it . Official Interpretations or Zoning Verifications: To your knowledge, has there been an official CoñsisTeN, interpretation or zoning verification rendered on this property within the last year? If yes, please provide copies. Page 4 of 6 Page 159 of 528 Page 5 of 6 4/27/2018 Please contact the project manager to confirm the number of additional copies required. materials electronically to the designated project manager. Following the completion of the review process by County review staff, the applicant shall submit all ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: materials to be submitted electronically in PDF format. *Please advise: The Office of the Hearing Examiner requires all 1 Electronic copy of all documents and plans planner the Property Owner Advisory 1 Environmental Data Requirements or exemption justification 3 Historical Survey or waiver request 1 included on aerial project boundary and, if vegetated, FLUCFCS Codes with legend Current aerial photographs (available from Property Appraiser) with 5 1 Location map Deeds/Legal's 3 M 2 A#davit of AutTorizetien, signed andotarizee Survey of property showing the encroachment (measured in feet) 2 Conceptual Site Plan 24" x 36" and one 8 "x 11" copy Property Ownership Disclosure Form 1 Completed Addressing Checklist Pre-Application Meeting Notes Project NarrativeCover Lee Completed Application (download current form from County website) ---E 1 REQUIREMENTS FOR REVIEW OF COPIES REQUIRED REQUIRED NOT attached to each section. Incomplete submittals will not be accepted. application packet. Please provide the submittal items in the exact order listed below With cove see e ol dppilcation submittal. At time of submittal. the checklist is to he comoleted and submitted witn tne The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meets Chapter 3!. of the Adninistrative Code Variance Pre-Application Meeting and Final Submittal Reguirernent Checkiist 10r: www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 GROWTH MANAGEMENT DEPARTMENT COLLIER COUNTY GOVERNMENT NAPLES, FLORIDA 34104 2800 NORTH HORSESHOE DRIVE Collier County Letter and Certification Once the first set of review comments are posted, provide the assigned Page 160 of 528 4/27/2018 Page 6 of 6 Printed Name Applicant Signaturg Date Naples, FL 34104 2800 North Horseshoe Drive ATTN: Business Center Zoning Division Growth Management The completed application, all required submittal materials, and the permit fee shall be submitted to: All checks payable to: Board of County Commissioners. in the delay of processing this petition. included in this Applications headed to hearing, and this fee is collected prior to hearing. Listed Species Survey (if EIS is not required): $1,000.00 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 5th and Subsequent Review- 20% of original fee Non-Residential-$S,000.00 Residential-$2,000.00 VariancePetition: Pre-Application Meeting: $500.00 FEE REQUIREMENTS Other: EMS: Artie Bay Emergency Management: Dan Summers; and/or Lockheart School District (Residential Components): Amy LConservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District Executive Director Bayshore/Gateway Triangle Redevelopment: Historical Review Planners: Indicate if the petition needs to be routed to the following reviewers: Www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 GROWTH MANAGEMENT DEPARTMENT COLLIER COUNTY GOVERNMENT NAPLES, FLORIDA 34104 2800 NORTH HORSESHOE DRIVE Collier County Department submittal package. I understand that failure to include all necessary submittal information may result As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Page 161 of 528 Page 162 of 528 Page 163 of 528 Page 164 of 528 Page 165 of 528 Page 166 of 528 Page 167 of 528 Page 168 of 528 Page 169 of 528 Page 170 of 528 Page 171 of 528 Page 172 of 528 Page 173 of 528 Page 174 of 528 Page 175 of 528 Page 176 of 528 Page 177 of 528 Page 178 of 528 Col.er County 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. Growth Management 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. Community Development Department Additional documents may be attached to this form and can include: ADDRESSING CHECKLIST * 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. *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] LEGAL DESCRIPTION of subject property or properties. [Attach list if necessaryl LÛT 17, Dleck E, South TAtiureni Hed CURRENT PROJECT NAME Poie BeteRds O F Colier CewnTy, Elegida PROPOSED PROJECT NAME LOCATION INFORMATION STREET ADDRESS(ES) where applicable, if already assigned. PROPOSED STREET NAME(S) 3S12 oKeechobee STReeT, N4ples,HoRidA 31)a Addressing Checklist (Rev 10/2022) 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 Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. PROJECT INFORMATION LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####) Operations & Regulatory Management Division 2800 North Horseshoe Drive e Naples, FL 34104 " 239-252-2400 www.colliercountyfl.gov Page 1 of 1 Page 179 of 528 INSTR 6278678 OR 6149 PG 1261 CLERK OF THE CIRCUIT COURT AND DOC@,70 $2.030.00 REC $18. S0 CONS S290,000.00 Prepared by: Sam J. Sasd ll Parsdise Coast Title & Escrow, LLC 2670 Airport Road South Naples, FL34112 (239) 963-1635 File No.: 2022-14940 Consideration: S 290,000.00 Parcel ldentification No.: 741348og01 RECORDED 7/6/2022 3:30 PM PAGES 2 COMPTROLL.ER, COj. L IER COUNTY FLORIDA ISçece Abe Ths Loe Far Rertng Data WARRANTY DEED (STATUTORY FORM-SECTION 699.02, F.S.) This indenture made the 30th day pf Jne, 2022 between Adalberto J. Vigil and Lisa A. Blanco-Vigil, husband and wife, whose post office address is 539 Sound Dtive, Key Largo, FL 33037, of the County of Monroe, State of Florida, Grantors, to Carmen Palmisano, a single woman and Yyonne Gallegos, a single woman, as joint tenants with right of survivorship, whose post office address is 68SS West Potter Drive, Glepdale, AZ 85308, of the County of Maricopa, State of Arizona, Grantees: Witnesseth, that said Grantors, for and in cansideration of the sum of TEN DOLLARS (U.S. S10.00) and other good and valuable considerations to said Grantors in hand paid by said Grantees, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantees, and Grantees' heirs and assigns forever, the following described land, situate, lying and being in the County of Collier, Florida, to-wit: Lot 17, Block E, Souh Tamiami Heights, according /o the map or plat thereof as recorded in Plat Book 3, Page 44, Public Records of Collier County, Florida. Said property is not the homestead of the Grantor(s) under the laysánd constitution of the State of Florida in that neither Grantor(s) nor any members of the household of the Grantor(s) residethereon, or on adjacent or contiguous lands Together with all the tenements, hereditaments and appurtenances fherctobelonging or in anywise appertaining. File No.: 2022-14940 Subject to taxes for 2022 and subsequent years, not yet due and payabler covenants, restrictions, easements, reservations and limitations of record, if any. TO HAVE AND TO HOLD the same in fee simple forever. And Grantors hereby covenant with the Grantees that the Grantors are lawfully soized of _aid land in fee simple, that Grantors have good right and lawful authority to sell and convey said land and that the Grantórs hejeby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. Warranty Deed Page I of 2 Page 180 of 528 OR 6149 PG 1262 In Witness Whereof, Grantors have hereunto set Grantors' hand and sel the day and year first above written. Signed, fealed and delvefd in our presence as io both: KNT STATE OF FLORIDA COUNTY OF COLLIER Signalure ofKotaryblic/ Print, Type/Stamp Name of Notary The forcgoing instrument was acknowledged before me by means of physical presence or() online notarization this day of June, 2022, by AdalbertoJ Vigil and Lisa A. Blaco-Vigil. Personally Known: Type of Identification Produced: File No :2022-14940 OR Produced Identifica ior Adalberto J. Vigil Kh Lisa A. Blanco-Vigil Warranty Decd OP BRENDA BURDIER MY COMMISSION #HH 048769 EXPIRES: September 30, 2024 Bonded Thu Notary Pubie tUnderuers Page 2 of2 Page 181 of 528 Collier County b Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036| Email: GMDClientServices@colliercountyfl.gov This is a required form with all land use petitions, exCept for Appeals and Zoning vee Letters. C www.colliercountyfl.gov Should any changes of ownership or changes in contracts for purchase occur sUDSequen date of application, but prior to the date of the final public hearing, it is the responsiollity e applicant, or agent on his behalf, to submit a supplemental disclosure of interest torm. PROPERTY OWNERSHIP DISCLOSURE FORM Please complete the following, use additional sheets if necessary. 01/2023 T tne property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address CAMe) fAlaisANo, a Sungle rman Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: 50 SO Name and Address If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: % of Ownership % of Ownership Page 1 of3 Page 182 of 528 d e. f. Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 01/2023 Collier County Phone: (239) 252-1036 | Email: GMDClientServices@colliercountytl.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, Iist tne iame general and/or limited partners: Date of Contract: www.colliercountyfl.gov Name and Address It 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 tne officers, stockholders, beneficiaries, or partners: D Leased: Term of lease Name and Address If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired o 3-d % of Ownership years /months If, Petitioner has option to buy, indicate the following: % of Ownership Page 2 of3 Page 183 of 528 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientservices@coliercountyfl.gov Date of option: Date option terminates: Collier County Anticipated closing date: 01/2023 www.colliercountyfl.gov AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure. will not be accepted without this Torm. Requirements for petition types are located on the associated application form. Any change in ownersnip wnetie 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 thgt all of the information indicated on this checklist i5 included in this submittal package. I understand that failure to include all necessary submittal information moy result in the delay of processing this petition. Agent/Owner Signature or *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Agent/Owner Name (please print) Questions? Email: GMDclientservices@colliercountyfl.gov CARmes alnsAAO 2-l-202y Date Page 3 of 3 Page 184 of 528 Page 185 of 528 Page 186 of 528 Page 187 of 528 2004. Collier County Property Appraiser. While the ior ibe Coo: |HGTS BLK E LOT 17 Legal Description: SOUTH TAMIAMI Ckoochbeo 31 Build# | Unit#: EJ17 ST Street# & Name: 3512 OKEECHOBEE Name: PALMISANO, CARMEN Folio Number: 74413480007 Colller County Aerlals 2023 Rural 2FTj Aerials 2023 Urban [61N] Parcels Street Names Major Rosds MAP LEGEND Print Print Map 2/1/24, 2:00 PM Collier County Property Aporaise is connitted to providing the most accurate and up-to-date information, no warranties expressed or implied are provided data herein, its use, or its interpretation. Gauntyrpety psr, Napics, FL Page 188 of 528 Page 189 of 528 Page 190 of 528 Page 191 of 528 Page 192 of 528 Page 193 of 528 Page 194 of 528 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., November 14, 2024, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PL20230014809 VA – REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.01.A. TABLE 2.1, TO REDUCE THE REQUIRED RSF-4 ZONING DISTRICT FRONT YARD SETBACK FROM 25 FEET TO 15.9 FEET ON THE EAST PROPERTY LINE AND THE SIDE YARD SETBACK FROM 7.5 FEET TO 7.2 FEET ON THE NORTH PROPERTY LINE FOR THE PROPOSED ACCESSORY ATTACHED PORCH, TO REDUCE SIDE YARD SETBACK FROM 7.5 FEET TO 7.2 FEET ON THE NORTH PROPERTY LINE AND THE FRONT YARD SETBACK FROM 25 FEET TO 24.7 FEET ON THE EAST PROPERTY LINE FO R THE EXISTING RESIDENTIAL STRUCTURE, AND TO REDUCE THE SIDE YARD SETBACK FROM 7.5 FEET TO 7.3 FEET ON THE NORTH PROPERTY LINE FOR THE EXISTING ACCESSORY COVERED LANAI, ON A 0.17± ACRE PROPERTY LOCATED ±680 FEET SOUTHWEST OF THE INTERSECTION OF US-41 AND OSCEOLA AVENUE AT 3512 OKEECHOBEE STREET, NAPLES, FL, 34112, ALSO DESCRIBED AS LOT 17, BLOCK E, SOUTH TAMIAMI HEIGHTS SUBDIVISION, IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Page 195 of 528 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 196 of 528 A rec aAVE Ta mia mi T R L E Seminole AVE ColleeCT En c h a n t i n gBLVDTop azLNRubyLNEnchanting BLVDCaloosa STO s c e o l a AVECaptainsCVCanalSTBarrett AVE Cherokee STOkeechobee STTa mia mi L N PalmDR!I Projec tLocation Page 197 of 528 Ar e c a AV E Ta mia mi T R L E Collee CT Seminole AVE Enchanting BLVDCaloosa STMoonstoneCIR Goldie LNGuilfordCTO s c e ol a AVET orre nteAV E N ea polita n CIR RubyLNCaptains CVBarrett AVECanalST D iam ondLNTopazLNEspinalBLVDPutneyCTCherokee STOkeechobee STTa mia mi L N Palm DRPetersAVEÀ12 À11 À10 À13 À10 À9 À9À14 À8 À8À15 À16 À7À7 À6 À6À17 À5 À18À5 À5 À4À19À4 À20 À3À3À3 À2À2À21 À22À1 À1À1 121111 10 10 13 149 1588 7 167FE6176 1855 1944 3 203 2122 1 221 RSF-4 Cherokee STOkeechobee STLocation Map Zoning Map Petition Number: PL20230014809 PROJEC TLOCATION ¹ SITELOCATION Page 198 of 528 Page 199 of 528 Page 200 of 528 11/14/2024 Item # 3.D ID# 2024-1882 Petition No. BD-PL20240006029 – 687 Palm Avenue - A proposed 14-foot boat dock extension to allow a boat docking facility with two boat lifts protruding a total of 34 feet into a waterway that is 116± feet wide for the benefit of property located on Lot 11, Block F, Goodland Isles 2nd Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: John Kelly] (Commissioner District 1) ATTACHMENTS: 1. Staff Report 10302024 2. Attachment A - Dock Plans 3. Attachment B - Map of Specific Purpose Survey 4. Attachment C - Applicant's Backup Package 5. Attachment D - Sign Posting - 10-30-2024 at 0937 Page 201 of 528 BDE-PL20240006029, 687 Palm Ave Page 1 of 8 October 30, 2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 14, 2024 SUBJECT: BD-PL20240006029, 687 PALM AVENUE – GOODLAND ____________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Michael H Schiek Trust Jeff Rogers Michael H Schiek, Trustee Turrell, Hall & Associates, Inc. 687 Palm Ave 3584 Exchange Ave. Goodland, FL 34140 Naples, FL 34104 REQUESTED ACTION: The petitioner is requesting a 14-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code (LDC) for waterways greater than 100 feet in width to allow a boat docking facility with two boat lifts protruding a total of 34 feet into a waterway that is 116± feet wide pursuant to LDC Section 5.03.06.H. GEOGRAPHIC LOCATION: The subject property is located at 687 Palm Avenue, further described as Lot 11, Block F, Goodland Isles Second Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.18 acres and supports a single-family residence in a Residential Single-Family-4 (RSF-4) Zoning District within the Goodland Zoning Overlay (GZO). The petitioner desires to remove the existing dock facility and construct a new docking facility with two slips, each with a boat lift, for 32-foot and 24-foot vessels. The shoreline of the subject property measures 91.7 feet and consists of riprap with heavy mangrove growth. The waterway width varies due to the contour of the shoreline; the west side is approximately 135.2 feet wide, and the east is 116 feet wide. Page 202 of 528 BDE-PL20240006029, 687 Palm Ave Page 2 of 8 October 30, 2024 Page 203 of 528 BDE-PL20240006029, 687 Palm Ave Page 3 of 8 October 30, 2024 SURROUNDING LAND USE & ZONING: North: Waterway/canal, then a single-family residence located within an RSF-4-GZO zoning district East: Existing single-family residence located within an RSF-4-GZO zoning district South: Palm Avenue (Right-of-Way), then a single-family residence located within an RSF-4-GZO zoning district West: Existing single-family residence located within an RSF-4-GZO zoning district Aerial (Collier County GIS) Page 204 of 528 BDE-PL20240006029, 687 Palm Ave Page 4 of 8 October 30, 2024 Aerial (Collier County GIS) ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to granting this request. The property is located within a man-made canal, which connects to Gullivan Bay. The proposed Boat Dock and two (2) Boat Lifts will be constructed waterward of the existing riprap. The property does contain native vegetation, which will not be impacted by the proposed dock. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. This project does not require an Environmental Advisory Council Board (EAC) review because it 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: Page 205 of 528 BDE-PL20240006029, 687 Palm Ave Page 5 of 8 October 30, 2024 In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The subject property is located within a residential single-family zoning district; the proposed docking facility will have two slips, each with a boat lift. 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.) Criterion met. The petitioner states the following: “The boat dock extension is necessary to accommodate the owners’ vessels as the existing shoreline consists of riprap and dense mangrove growth, which the dock will extend out past to avoid impacts. The proposed dock design is consistent with the other existing docking facility on site but will extend slightly further out to accommodate the proposed boatlifts. Based on the owner’s vessel's existing on-site water depths and mangrove shoreline, the BDE is needed to reach sufficient depths and to avoid impacts to the mangroves as shown on the attached BDE exhibits.” Staff concurs and notes that the existing dock facility is to be removed and/or replaced by the proposed facility. 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 states: “The proposed docking facility is located on an unmarked man-made canal; therefore, the entire waterway provides safe navigation between the docking facilities, and no new impacts to any navigation will result from the proposed project. Additionally, there is an existing dock facility on-site which as proposed, the new dock will only extend out slightly further in order to accommodate an actual boatlift.” Staff concurs. Page 206 of 528 BDE-PL20240006029, 687 Palm Ave Page 6 of 8 October 30, 2024 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 not met. The applicant’s agent states: “The approximate waterway varies from the east side of the proposed dock being approximately 116 feet wide and the west side being 135.32 feet wide. The proposed dock protrusion is 34 feet on the west side, approximately 26%, and on the east side, approximately 26.9 feet, which is 22% of the width of the waterway.” Staff concurs and notes that despite not satisfying the 25 percent threshold, over 50 percent of the waterway would remain open 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.) Criterion met. The applicant’s agent states: “The proposed docking facility design and slip layout has taken each adjacent docking facility into consideration to avoid any potential impacts. As proposed, we are confident that there will not be any new impacts to neighboring docks or their existing ingress/egress to their existing slips/boat lift. Additionally, as proposed, the dock will be within the allowed buildable, providing the required 15-foot and 20-foot setbacks.” Staff concurs and notes that a Boat Dock Extension was previously approved for the lot immediately to the west of the subject property; they were granted a 33-foot protrusion as part of BD-06-AR-9563, CCPC Resolution 06-06. Secondary Criteria: 1. Whether there are special conditions not involving water depth related to the subject property or waterway that 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.) Criterion met. The applicant states: “The subject property shoreline consists of a riprap/mangrove shoreline, an existing docking facility, and associated boatlift. The special existing on-site condition taken into consideration when designing the proposed dock was the rip-rap and mangrove shoreline, and to avoid impacts to the mangroves, the best option was to propose the dock to extend out past into the subject canal.” 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.) Page 207 of 528 BDE-PL20240006029, 687 Palm Ave Page 7 of 8 October 30, 2024 Criterion met. The applicant states: “The proposed docking facility has been fully minimized possible and still provides deck area for routine maintenance, safe access as well as recreational activities like fishing plus storage for these activities the dock provides. The total over-water square footage is 380 square feet.” 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 subject property has 91.7 feet of water frontage, and the proposed dock facility was designed to accommodate vessels of 32 feet and 24 feet (combined total of 56 feet), which exceeds the referenced threshold by 35.7 feet or 38.93 percent. 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 states: “The existing on-site conditions consist of a docking facility with a boatlift, with a heavily vegetated natural mangrove shoreline. As such, both adjacent neighboring property owners are used to having a dock along the subject property shoreline. Additionally, as proposed, the dock has been designed within the designated setbacks and is consistent with the other existing boat docks within the subject waterway. Both adjacent properties have docking facilities as well, and it is our opinion that there will be no new impacts on either adjacent property owner. Additionally, this is a boating community; therefore, docks are all part of the overall atmosphere in this community.” Staff concurs. 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.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exist within the footprint of the dock. No seagrass beds will be impacted by the proposed dock facility. 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. 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. Staff analysis finds that the subject BDE petition satisfies four of the five Primary Criteria and four of the six Secondary Criteria with the sixth criterion being not applicable. Page 208 of 528 BDE-PL20240006029, 687 Palm Ave Page 8 of 8 October 30, 2024 CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceed with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL20240006029 to allow for the construction of the proposed dock facility as depicted within the plans contained in Attachment A. Attachments: A) Dock Plans B) Map of Specific Purpose Survey C) Applicant’s Backup; application and supporting documents D) Public Hearing Sign Posting Page 209 of 528 STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.922290<> LONGITUDE:W -81.649460SITE ADDRESS:<> 687 PALM AVE GOODLAND, FL 34140Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg LOCATION MAP 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVELOCATION MAP52-------------------01 OF 11COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTYPage 210 of 528 NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 1952 AERIAL 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVE1952 AERIAL52-------------------02 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'PROPERTY BOUNDARYPage 211 of 528 NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg FLUCFCS MAP 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEFLUCFCS MAP52-------------------03 OF 11PROPERTY BOUNDARYEXISTINGDOCK120612UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):0.190.150.04·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."COURT GREGORY SURVEYING, INC"02-03-24FLUCFCSDESCRIPTIONAREA(AC)120RESIDENTIAL, MEDIUM DENSITY<TWO-FIVE DWELLING UNITS PERACRE>0.15612MANGROVE SWAMPS0.04TOTAL0.19Page 212 of 528 1.7-0.8-2.4-3.6-0.7-0.9-1.2-1.4-2.2-3.0-3.6-2.2-3.1-3.6-3.9-4.0-4.1-4.1-4.1-4.0-4.0-4.1-4.2-4.0-4.1-4.2-4.5-4.1-4.1-3.8-3.1-2.1-0.4-0.90.8-1.7-3.1-3.3-2.9-1.4-2.5-2.3-2.7-3.3-3.9-3.7-3.9-4.2-4.0-4.2-4.2-4.4-4.3-3.8-4.5-4.4-4.2-3.9-3.5-4.2-4.7-4.7-4.7-4.7-4.4-4.6-4.5-4.3-4.50.6NESW0102040SCALE IN FEETSITE ADDRESS:,687 PALM AVEGOODLANDFL34140Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg EXISTING CONDITIONS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEEXISTING CONDITIONS52-------------------04 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'RIPARIAN LINERIPARIAN SETBACK LINEPROPERTY BOUNDARYRIPARIAN SETBACK LINERIPARIAN LINEEXISTING RIPRAPMHWLMLWLMANGROVE FRINGEEXISTINGDOCK15' 1 5 '20'20'30'EXISTINGFLOAT5 '4'Page 213 of 528 p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg PROPOSED PLAN WITH DIMENSIONS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEPROPOSED PLAN WITH DIMENSIONS52-------------------05 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'38038034'RIPARIAN LINEPROPERTY BOUNDARYRIPARIANSETBACKLINERIPARIAN LINEEXISTING RIPRAPMHWLMLWLMANGROVE FRINGEPROPOSEDFIXED DOCKRIPARIANSETBACKLINE4'10'10'12'12'12'5'3'18'4'15'20'3' 1 4 '28'34'18'32' 24 '24'11'17'12'1.4'15 '1.3'2.2'10'2'AA0715'20' 16'15'26.9'5 'Page 214 of 528 1.7-0.8-2.4-3.6-0.7-0.9-1.2-1.4-2.2-3.0-3.6-2.2-3.1-3.6-3.9-4.0-4.1-4.1-4.1-4.0-4.0-4.1-4.2-4.0-4.1-4.2-4.5-4.1-4.1-3.8-3.1-2.1-0.4-0.90.8-1.7-3.1-3.3-2.9-1.4-2.5-2.3-2.7-3.3-3.9-3.7-3.9-4.2-4.0-4.2-4.2-4.4-4.3-3.8-4.5-4.4-4.2-3.9-3.5-4.2-4.7-4.7-4.7-4.7-4.4-4.6-4.5-4.3-4.50.6p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg PROPOSED PLAN WITH DEPTHS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEPROPOSED PLAN WITH DEPTHS52-------------------06 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'38038034'RIPARIAN LINEPROPERTY BOUNDARYRIPARIANSETBACK LINERIPARIAN LINEEXISTINGRIPRAPMHWLMLWLMANGROVE FRINGEPROPOSEDFIXED DOCKRIPARIANSETBACK LINEPage 215 of 528 -1.2'-3.1'-0.9'-2.2'-3.8'03510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg CROSS SECTION AA 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVECROSS SECTION AA52-------------------07 OF 11FIXEDACCESSDOCKMHW = +0.6' NAVD88MLW =-1.8' NAVD88ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE12' BOAT LIFT36"34' PROTRUSION FROM MHWLEXISTINGRIPRAP3'22'EXISTINGMANGROVESPage 216 of 528 NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg ST OVERLAY PLAN 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEST OVERLAY PLAN52-------------------08 OF 11PROPERTY BOUNDARYST OVERLAY194'470'PROPOSED FIXED DOCKPage 217 of 528 p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg WIDTH OF WATERWAY 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEWIDTH OF WATERWAY52-------------------09 OF 11MHWLPROPOSEDFIXED DOCK60'28'107.5'116'102'135.2'136.6'34'Page 218 of 528 p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg ADJACENT DOCKS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEADJACENT DOCKS52-------------------10 OF 11PROPERTYBOUNDARY28'31'10'26'28'24'20'24'6'18'27'34'30'21'17'19'9'8'35'31'31'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.PROPOSEDFIXED DOCK20'20'20'28'22'22'31'30'28'Page 219 of 528 NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg SUBMERGED RESOURCE SURVEY 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVESUBMERGED RESOURCE SURVEY52-------------------11 OF 11PROPOSEDFIXED DOCKTYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT120'200 '10'Page 220 of 528 Page 221 of 528 Page 222 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides 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 NOT 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. Backup provided by Applicant: 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. _ X__ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control _ X__ Affidavit of Representation Authorization _ 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 Agent Letter Pkg. ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _ X__ Deviation Justifications Page 223 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides _ 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 drive must contain the documents in one pdf file. It is the agent’s responsibility to ensure no documentation is left out. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative 10/14/2024 Jeff Rogers Page 224 of 528 THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE APPLICANT INFORMATION PROPERTY LOCATION Section/Township/Range: / / Subdivision: Property I.D. Number: Lot: Block: Address/ General Location of Subject Property: Current Zoning and Land use of Subject Property: Boat Dock Facility Extension OR Boathouse Establishment Petition Land Development Code Section 5.03.06 Chapter 3 B of the Administrative Code State: Name of Property Owner(s): Name of Applicant if different than owner: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: City:City: State:State: ZIP:ZIP: Cell:Cell: City:City: ZIP:ZIP: Cell:Cell: Unit: Page 225 of 528 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 S E W DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): SITE INFORMATION ft. Measurement from: plat survey ft. other (specify) Provided: ft. Required: ft. ft. 1.ft. 2.ft. 4.Total Protrusion of Proposed Facility into Water: visual estimate 6.If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. ft. 7.List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 5.Number and Lengths of Vessels to Use Facitlity: 1.Water Width: 2.Total Property Water Frontage: 3.Setbacks: Page 226 of 528 To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No (If yes, please provide copies.) DOCK EXTENSION 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. 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 allow 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 permitted neighboring docks.) 9. Official Interpretations or Zoning Verifications: 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? Acres Page 227 of 528 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. 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.) 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. Page 228 of 528 ASSOCIATIONS 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. City: State: ZIP: City: State: ZIP: City: State: ZIP: City:State: ZIP: 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: Page 229 of 528 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 Signed and sealed survey Chart of site waterway 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. Affidavit of Authorization, signed and notarized Completed Addressing Checklist 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. Page 230 of 528 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 *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Date 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. Printed Name Page 231 of 528 Narrative Description: The proposed Boat Dock Extension request is to remove the existing dock and associated boatlift to then construct a new single-family docking facility with two boatlifts located at 687 Palm Avenue on Goodland. The subject waterway is considered to be a man-made canal as indicated on the attached historical aerial and verified within the DEP permit #327990-003. The subject property shoreline consists of riprap with heavy mangrove growth along the entire 91.7 linear feet. The MHWL is this case is the most restrictive point being landward of the platted property line therefore the proposed overall dock protrusion is being taken from there. Additionally, based on linear footage of shoreline the project would have to provide 15-foot setbacks from each property riparian line. The proposed dock will require a BDE to protrude out past the natural mangrove shoreline to preserve the vegetation. As proposed the dock will utilize the existing access walkway footprint to avoid any new mangrove impacts. As designed the dock and associated boatlifts will protrude approximately 34-feet at its furthest point from the MHWL line and therefore we are requesting a 14-foot extension over the allowed 20-feet. Due to the existing shoreline shape the subject waterway width varies from east to west side with the west side being approximately 135.2-feet wide and the east side being 116-feet wide. Based off this it has been determined the proposed dock and boat lift would protrude 26% and 22% into the subject man-made waterway. The subject waterway is an unmarked waterway and completely open to navigation therefore no impacts to navigation within the area will result from the proposed dock. The proposed dock will provide the required side yard setback being 15-feet from both riparian lines as 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. Additionally, the proposed dock design will not alter the existing views of either adjacent property owners as there is an existing docking facility and mangroves provide a natural buffer. Page 232 of 528 Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov 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] *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] STREET ADDRESS(ES) where applicable, if already assigned. 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_Addressing@colliercountyfl.gov 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####] Page 233 of 528 Page 234 of 528 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. 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.) 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 32-foot LOA vessel and the other is 24-foot LOA vessel. Therefore, this Criterion is 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 as the existing shoreline consists of riprap and dense mangrove growth which the dock will extend out past to avoid impacts. The proposed dock design is consistent with the existing docking facility on-site but will extend slightly further out to accommodate the proposed boatlifts. Based on the owner’s vessels, existing on-site water depths and mangrove shoreline the BDE is needed to reach sufficient depths and to avoid impacts to the mangroves as shown on the attached BDE exhibits. 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 is located on an unmarked man-made canal therefore the entire waterway provides safe navigation between the docking facilities and no new impacts to any navigation will result from the proposed project. Additionally, Page 235 of 528 there is an existing docking facility on-site which as proposed the new dock will only extend out slightly further in order to accommodate an actual boatlift. 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 varies from the east side of the proposed dock being approximately 116-feet wide and the west side being 135.2-feet wide. The proposed dock protrusion is 34-feet on the west side being approximately 26% and the east side being approximately 26.9-feet which is 22% width of the waterway. Criterion Not 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.) The proposed docking facility design and slip layout has taken each adjacent docking facility into consideration to avoid any potential impacts. As proposed, we are confident that there will not be any new impacts to neighboring docks nor their existing ingress/egress to their existing slips/boatlift. Additionally, as proposed the dock will be within the allowed buildable providing the required15-foot and a 20- foot setback. Criterion Met Page 236 of 528 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.) The subject property shoreline consists of a riprap/mangrove shoreline, an existing docking facility, and associated boatlift. The special existing on-site conditions taken into consideration when designing the proposed dock was the rip-rap and mangrove shoreline and to avoid impacts to the mangroves the best option was to propose the dock to extend out past into the subject canal. 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 fully minimized possible and still provides deck area for routine maintenance, safe access as well as recreational activities like fishing plus storage for these activities the dock provides. The total over-water square footage is 380 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 two vessels, one being approximately 32-feet in length and the other being 24-feet in length. The subject property’s shoreline length is approximately 91.7-feet and therefore this criterion is not met. 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.) The existing on-site conditions consist of a docking facility with a boatlift with a heavily vegetated natural mangrove shoreline. As such both adjacent neighboring property owners are used to having a dock along the subject property shoreline. Additionally, as proposed the dock has been designed within the designated setbacks and is consistent with the other existing boat docks within the subject waterway. Both adjacent properties have docking facilities as well and it’s our opinion that Page 237 of 528 there are no new impacts to either adjacent property owner. Additionally, this is a boating community therefore docks are all part of the overall atmosphere in this community. 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. N/A Page 238 of 528 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Page 239 of 528 d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 240 of 528 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. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Page 241 of 528 Page 242 of 528 STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.922290<> LONGITUDE:W -81.649460SITE ADDRESS:<> 687 PALM AVE GOODLAND, FL 34140Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg LOCATION MAP 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVELOCATION MAP52-------------------01 OF 11COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTYPage 243 of 528 NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 1952 AERIAL 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVE1952 AERIAL52-------------------02 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'PROPERTY BOUNDARYPage 244 of 528 NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg FLUCFCS MAP 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEFLUCFCS MAP52-------------------03 OF 11PROPERTY BOUNDARYEXISTINGDOCK120612UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):0.190.150.04·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."COURT GREGORY SURVEYING, INC"02-03-24FLUCFCSDESCRIPTIONAREA(AC)120RESIDENTIAL, MEDIUM DENSITY<TWO-FIVE DWELLING UNITS PERACRE>0.15612MANGROVE SWAMPS0.04TOTAL0.19Page 245 of 528 1.7-0.8-2.4-3.6-0.7-0.9-1.2-1.4-2.2-3.0-3.6-2.2-3.1-3.6-3.9-4.0-4.1-4.1-4.1-4.0-4.0-4.1-4.2-4.0-4.1-4.2-4.5-4.1-4.1-3.8-3.1-2.1-0.4-0.90.8-1.7-3.1-3.3-2.9-1.4-2.5-2.3-2.7-3.3-3.9-3.7-3.9-4.2-4.0-4.2-4.2-4.4-4.3-3.8-4.5-4.4-4.2-3.9-3.5-4.2-4.7-4.7-4.7-4.7-4.4-4.6-4.5-4.3-4.50.6NESW0102040SCALE IN FEETSITE ADDRESS:,687 PALM AVEGOODLANDFL34140Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg EXISTING CONDITIONS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEEXISTING CONDITIONS52-------------------04 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'RIPARIAN LINERIPARIAN SETBACK LINEPROPERTY BOUNDARYRIPARIAN SETBACK LINERIPARIAN LINEEXISTING RIPRAPMHWLMLWLMANGROVE FRINGEEXISTINGDOCK15' 1 5 '20'20'30'EXISTINGFLOAT5 '4'Page 246 of 528 p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg PROPOSED PLAN WITH DIMENSIONS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEPROPOSED PLAN WITH DIMENSIONS52-------------------05 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'38038034'RIPARIAN LINEPROPERTY BOUNDARYRIPARIANSETBACKLINERIPARIAN LINEEXISTING RIPRAPMHWLMLWLMANGROVE FRINGEPROPOSEDFIXED DOCKRIPARIANSETBACKLINE4'10'10'12'12'12'5'3'18'4'15'20'3' 1 4 '28'34'18'32' 24 '24'11'17'12'1.4'15 '1.3'2.2'10'2'AA0715'20' 16'15'26.9'5 'Page 247 of 528 1.7-0.8-2.4-3.6-0.7-0.9-1.2-1.4-2.2-3.0-3.6-2.2-3.1-3.6-3.9-4.0-4.1-4.1-4.1-4.0-4.0-4.1-4.2-4.0-4.1-4.2-4.5-4.1-4.1-3.8-3.1-2.1-0.4-0.90.8-1.7-3.1-3.3-2.9-1.4-2.5-2.3-2.7-3.3-3.9-3.7-3.9-4.2-4.0-4.2-4.2-4.4-4.3-3.8-4.5-4.4-4.2-3.9-3.5-4.2-4.7-4.7-4.7-4.7-4.4-4.6-4.5-4.3-4.50.6p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg PROPOSED PLAN WITH DEPTHS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEPROPOSED PLAN WITH DEPTHS52-------------------06 OF 11·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC"02-03-24-1.8'+0.6'91.7'314116'38038034'RIPARIAN LINEPROPERTY BOUNDARYRIPARIANSETBACK LINERIPARIAN LINEEXISTINGRIPRAPMHWLMLWLMANGROVE FRINGEPROPOSEDFIXED DOCKRIPARIANSETBACK LINEPage 248 of 528 -1.2'-3.1'-0.9'-2.2'-3.8'03510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg CROSS SECTION AA 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVECROSS SECTION AA52-------------------07 OF 11FIXEDACCESSDOCKMHW = +0.6' NAVD88MLW =-1.8' NAVD88ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE12' BOAT LIFT36"34' PROTRUSION FROM MHWLEXISTINGRIPRAP3'22'EXISTINGMANGROVESPage 249 of 528 NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg ST OVERLAY PLAN 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEST OVERLAY PLAN52-------------------08 OF 11PROPERTY BOUNDARYST OVERLAY194'470'PROPOSED FIXED DOCKPage 250 of 528 p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg WIDTH OF WATERWAY 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEWIDTH OF WATERWAY52-------------------09 OF 11MHWLPROPOSEDFIXED DOCK60'28'107.5'116'102'135.2'136.6'34'Page 251 of 528 p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg 8/13/2024NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg ADJACENT DOCKS 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVEADJACENT DOCKS52-------------------10 OF 11PROPERTYBOUNDARY28'31'10'26'28'24'20'24'6'18'27'34'30'21'17'19'9'8'35'31'31'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.PROPOSEDFIXED DOCK20'20'20'28'22'22'31'30'28'Page 252 of 528 NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\23138.00 schiek - 687 palm ave\CAD\PERMIT-COUNTY\23138-BDE.dwg SUBMERGED RESOURCE SURVEY 8/13/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-13-2423138-1827687 PALM AVESUBMERGED RESOURCE SURVEY52-------------------11 OF 11PROPOSEDFIXED DOCKTYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT120'200 '10'Page 253 of 528 687 PALM AVENUE NAPLES, FL 34140 SUBMERGED RESOURCE SURVEY REPORT MAY 2024 PREPARED BY: Page 254 of 528 Table of Contents 1 Introduction ....................................................................................................................................... 1 2 Objective ............................................................................................................................................ 2 3 Methodology ..................................................................................................................................... 3 4 Results ................................................................................................................................................ 4 5 Conclusion ......................................................................................................................................... 5 6 Photos ................................................................................................................................................. 6 Page 255 of 528 687 Palm Ave Submerged Resource Survey May 2024 1 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at 687 Palm Avenue, in Goodlnd, Florida 34140. The subject property can be further identified by folio number 46470480007 and is located in Section 18, Township 52 South, Range 27 East, in Collier County. The property totals approximately 0.19 acre in size. The surface waters of the property are considered a man-made canal just off Gullivan Bay which connects to the Gulf of Mexico. The subject property contains a single-family residence whose shoreline contains mangroves and an existing dock. The SRS was conducted on May 3, 2024, between approximately 12:15 p.m. and 12:50 p.m. Site conditions consisted of partially cloudy skies and a slight breeze. Water clarity was poor and allowed approximately 6 - 12 inches of visibility. The ambient air temperature was approximately 87 degrees Fahrenheit and wind speeds averaged 12 miles per hour from the east. The average water temperature was approximately 79 degrees Fahrenheit. High tide occurred prior to the site inspection at approximately 9:57 a.m., reaching 2.6 feet above the mean low water mark. Low tide occurred after the site inspection at approximately 4:04 p.m. and reached approximately 1.40 feet above the mean low water mark. Page 256 of 528 687 Palm Ave Submerged Resource Survey May 2024 2 2 OBJECTIVE The objective of the SRS is to identify and locate any existing submerged resources within 200 feet of the footprint of the proposed 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: • A series of underwater transects is traversed within and adjacent to the project site in order to investigate for the presence of any submerged resources. • Located submerged resources within the survey area will be identified, located as accurately as possible, and an estimate of the percent coverage of any resources found will be made. • The approximate limits of any submerged resources observed will be delineated via a handheld GPS device from the surface over the submerged resources. Page 257 of 528 687 Palm Ave Submerged Resource Survey May 2024 3 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline and footprint for the proposed dock installation but also the adjacent areas within 200 feet of the proposed project. 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, 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 third remained on a 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. Page 258 of 528 687 Palm Ave Submerged Resource Survey May 2024 4 4 RESULTS The substrate observed within the surveyed area consisted of silty muck material with occasional shell and vegetative debris. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Mollusks Eastern oyster Crassostrea virginica Vegetation Red mangrove Rhizophora mangle Page 259 of 528 687 Palm Ave Submerged Resource Survey May 2024 5 5 CONCLUSION The submerged resource survey was conducted along the subject property’s shoreline and continued approximately 200 feet into the waterway. No resources were observed within the survey area. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project. Page 260 of 528 687 Palm Ave Submerged Resource Survey May 2024 6 6 PHOTOS Figure 1: View of the current shoreline conditions. Figure 2: View of substrate within the survey area. Page 261 of 528 687 Palm Ave Submerged Resource Survey May 2024 7 Figure 3: View of silty muck substrate material present onsite. Page 262 of 528 THE MICHAEL H. SCHIEK DECLARATION OF TRUST I, MICHAEL H. SCHIEK, of Chicago, Illinois have transferred ten dollars to myself as trustee. That asset and any other assets received by the trustee ("the trust estate") shall be held in trust subject to the provisions of this instrument. Article 1 Introduction 1.1-Family. I am currently not married. My mother's name is LORRAINE SCHIEK, and my father predeceased me. I have three (3) siblings living namely, LYNN MARIE SCHIEK; DONALD RICHARD SCHIEK; and CHARLES KENNETH SCHIEK. 1.2-Name of Trust. The name of this trust, as amended at any time and from time to time, shall be the MICHAEL H. SCHIEK DECLARATION OF TRUST. Article 2 Lifetime Trust 2.1-Right To Amend or Revoke. I reserve the right from time to time to amend or revoke this instrument in whole or in part by instrument (other than my Will) signed by me, referring to this instrument, and delivered to the trustee during my life. If I revoke this instrument, the trustee shall deliver the trust estate to me or as I direct. 2.2-Distributions During My Life. During my life, the Lifetime Trust shall be administered for my primary benefit. As long as I am not incapacitated, the trustee shall pay to me that part of the income and principal as I shall request from time to time. If I become incapacitated, then while I am incapacitated, the trustee (a) shall pay to me as much of the income and principal as the trustee considers advisable for my health, maintenance in reasonable comfort, or best interests, and (b) may pay as much of the income and principal as the trustee considers necessary for the health, maintenance in reasonable comfort, or education of any person dependent on me. Any income not so paid in each year and any income not so paid at my death shall be added to principal. 2.3-Determination of Incapacity. I shall be incapacitated if I am under a legal disability or unable to give prompt and intelligent consideration to financial affairs. The determination of my inability shall be made in writing, signed by my personal physician. The trustee may rely conclusively on that writing. 2.4-Exclusion Gifts. If any of the following gifts would be included in my gross estate if I died within three years of the trustee's making the gift, then instead of the trustee's making the gift directly to a donee, the trustee shall pay the principal directly to me. (a)-Annual Exclusion Gifts. If I become incapacitated, then while I am incapacitated, the trustee may make Annual Exclusion Gifts and Tuition and Medical Exclusion Gifts from the principal of the Lifetime Trust to any one or more of my descendants and their spouses in amounts the trustee considers appropriate. Annual Exclusion Gifts shall be made in such a manner as to qualify for the federal gift tax "annual exclusion" under Code Section 2503(b ). Annual Exclusion Gifts to each person in any calendar year shall not exceed the maximum allowable amount of the annual exclusion for an unmarried donor or twice that amount if I am married at the time of the gift. (b)-Tuition and Medical Exclusion Gifts. Tuition and Medical Exclusion Gifts shall be made in such a manner as to qualify for the federal gift tax exclusion under Code Section 2503( e). Tuition and Medical Page 263 of 528 Exclusion Gifts mean amounts paid on behalf of a person as tuition to an educational organization for the education or training of that person or to a medical care provider for the medical care of that person. Article 3 Gifts at My Death On my death, the trustee shall distribute the following gifts from the trust estate: 3.1-Tangible Personal Property. The trustee shall make gifts of tangible personal property as I direct by any written instrument signed by me. "Tangible personal property" means all personal and household effects, jewelry, automobiles, collections, and other tangible personal property that I own at my death or that is then included as part of the trust estate (including insurance thereon but excluding business use property, precious metals, and unset gems). I may from time to time amend or revoke the written instrument, and any subsequent instrument shall control to the extent it conflicts with prior ones. Any decisions made in good faith by the trustee in distributing tangible personal property shall not be subject to review, and the trustee shall be held harmless from any cost or liability as to those decisions. I shall be deemed to have left only those written instruments that the trustee is able to find after reasonable inquiry within 60 days after my death. 3.2-Gifts of Remaining Tangible Personal Property. I give all tangible personal property not otherwise effectively disposed of to ERICA ZAHNLE ("ERICA"), if she survives me, or if she does not survive me, to my mother, LORRAINE SCHIEK ("LORRAINE"). 3.3-Balance ofthe Trust Estate. I give the balance of the trust estate to ERICA, if she survives me, and if she does not survive me, to LORRAINE. 3.4-Survivorship. Only persons living on the 30th day after the day of my death shall be deemed to have survived me for purposes ofthis Article. Article 4 Distribution to Beneficiaries Under Prescribed Age Any property to be distributed (other than a discretionary payment or a distribution pursuant to a power of appointment) to a beneficiary who is not a child of mine and is under age 21 at the time of distribution shall immediately vest in the beneficiary, but the trustee shall retain the property as a separate trust for the beneficiary on the following terms. The trustee may pay to the beneficiary as much of the income and principal as the trustee deems advisable for the beneficiary's health, maintenance in reasonable comfort, education, or best interests. Any income not so paid in each tax year shall be added to principal at the end of each tax year. The trustee shall distribute the remaining trust assets to the beneficiary when the beneficiary attains age 21 or to the beneficiary's estate if the beneficiary dies prior to receiving the assets. If at the time the trust is created or during the administration of the trust the beneficiary is under age 21, the trustee may terminate the trust and distribute the property to a custodian for the beneficiary under a Uniform Transfers or Gifts to Minors Act. Article 5 Contingent Gift Provision On the death of the last to die of all beneficiaries of any trust (the "termination date"), any of the trust not otherwise distributable shall be distributed to my heirs. Heirs and their respective shares shall be determined under the laws of descent and distribution of Illinois at my death for property located in Illinois. 2 Page 264 of 528 Article 6 Trustee Succession 6.1--Successor Trustee. When I cease to act as trustee, ERICA shall be trustee. 6.2-Resignation. A trustee may resign at any time by signed notice to the co-trustees, if any, and to the income beneficiaries. 6.3-lndividual Trustee Succession. Each acting individual trustee (unless limited in the instrument in which the trustee was designated) may, by signed instrument filed with the trust records, (a) designate one or more individuals or qualified corporations to act with or to succeed the trustee consecutively or concurrently, in any stated combination, and on any stated contingency, and (b) amend or revoke the designation before the designated trustee begins to act. 6.4-Default of Designation. If at any time no trustee is acting and no designated trustee is able and willing to act, then the first ofthe following who is able and willing to act shall be trustee: a. LORRAINE; b. Any individual or qualified corporation appointed in an instrument signed by a majority of the income beneficiaries. 6.5--Corporate Trustee Substitution. A corporate trustee may be removed at any time by an instrument signed by a majority of the income beneficiaries but only if, on or before the effective date of removal, a qualified corporation has been appointed corporate trustee in the same manner. Article 7 Trustee Actions 7 .!-ControL Except as otherwise provided, whenever more than one trustee is acting, the ''trustee" means all trustees collectively, and a majority of the trustees qualified to participate in an action or decision of the trustees shall control. Any trustee who is not qualified to participate in or dissents from such action or decision shall not be liable therefor. 7.2-Accounting. Upon written request, the trustee, other than myself, shall send a written account of all trust receipts, disbursements, and transactions, and the property comprising the trust to each income beneficiary and, at the option of the trustee, to the future beneficiaries of the trust. A future beneficiary of a trust is a person to whom the assets of the trust would be distributed or distributable if the trust then terminated. Unless court proceedings on the account are commenced within three months after the account is sent, the account shall bind and be deemed approved by all of the following beneficiaries who have not filed written objections to the account with the trustee within three months after the account is sent, and the trustee shall be deemed released by all such beneficiaries from liability for all matters covered by the account as though such account was approved by a court of competent jurisdiction: (a) each beneficiary to whom the account was sent, and (b) if the account was sent to all income and future beneficiaries of the trust, then all beneficiaries of the trust who have any past, present, or future interest in the matters covered by the account. 7.3-Trustee's Right to Account Settlement Before Distribution. Before distribution of any trust principal, the trustee shall have the right to require settlement of any open accounts of the trust from which the distribution is being made, either by the written approval and release of all beneficiaries having an interest in the distribution or, ifthe releases cannot be obtained, by court settlement of the open accounts. All the trustee's reasonable fees and expenses (including attorneys' fees) attributable to approval of the trustee's accounts shall be paid by the trust involved. 3 Page 265 of 528 7 .4-Acceptance of Predecessor's Accounts. On the signed direction of the income beneficiaries, the trustee shall accept without examination the accounts rendered and property delivered by or for a predecessor trustee or my executor. Such acceptance shall fully discharge the predecessor trustee or my executor and shall bind all beneficiaries. 7 .5-N otice. If a beneficiary is under legal disability, the trustee shall give any notice or accounting to the beneficiary's personal representative, if any, and if none, to a parent of the beneficiary, if any, and if none, to any person whom the trustee believes has demonstrated concern for the interest of the beneficiary. That person may sign any instrument for the beneficiary. 7.6-Special Trustees. If the trustee (the "principal trustee") is unable or unwilling to act as trustee as to any property, such person or qualified corporation as the principal trustee shall designate by signed instrument shall act as special trustee as to that property. Any special trustee may resign at any time by giving written notice to the principal trustee. The special trustee shall have the powers granted to the principal trustee under this instrument, to be exercised with the approval of the principal trustee. Net income and any proceeds of sale shall be paid to the principal trustee, to be administered under this instrument. The principal trustee may remove and replace the special trustee at any time. 7.7-Delegation to Co-Trustee. Any individual trustee may delegate any or all of that trustee's powers and duties to a co-trustee, except that no trustee shall be permitted to delegate any discretion with respect to the distribution of income or principal to a beneficiary. Any delegation may be for a definite or indefinite period and may be revoked by the delegating trustee. Any delegation or revocation shall be in writing, signed by the delegating trustee, and delivered to the co-trustee to whom the delegation is made. Any person or institution may rely on the written certification of a co-trustee that the co-trustee has the power to act without concurrence of any other trustee, provided, however, that the co-trustee shall attach to the written certification a copy of the instrument by which the powers and duties have been delegated. 7.8-Compensation. The trustee shall be entitled to reimbursement for expenses and to reasonable compensation. 7.9-Determinations by Trustee. The trustee's reasonable determination of any question offact shall bind all persons. 7.10-Tbird-Party Dealings. The trustee's certification that the trustee is acting according to this instrument shall protect anyone dealing with the trustee. No one need see to the application of money paid or property delivered to the trustee. 7 .It-Exoneration of Trustee. Any individual trustee acting in good faith shall not be liable for any act or omission. No trustee shall be liable for any act or omission of another trustee. 7.12-Bond. No trustee need give bond, qualify before, or account to any court. 7.13-Powers of Successor Trustee. Unless expressly limited, each successor trustee shall have all the titles, powers, duties, discretions, and immunities of the original trustee. Article 8 Trustee Powers In addition to all powers granted by law, the trustee shall have the following powers, to be exercised in a fiduciary capacity: 8.1-Retention. To retain any property transferred to the trustee, regardless of diversification and regardless of whether the property would be considered a proper trust investment; 4 Page 266 of 528 8.2-Sale. To sell at public or private sale, contract to sell, grant options to buy, convey, transfer, exchange, or partition any real or personal property of the trust for such price and on such terms as the trustee sees fit; 8.3-Real and Tangible Personal Property. To make leases and subleases and grant options to lease, although the terms thereof commence in the future or extend beyond the termination of any trust; to purchase, operate, maintain, improve, rehabilitate, alter, demolish, abandon, release, or dedicate any real or tangible personal property; and to develop or subdivide real property, grant easements, and take any other action with respect to real or tangible personal property that an individual owner thereof could take; 8.4-Borrowing. To borrow money from any lender, extend or renew any existing indebtedness, and mortgage or pledge any property in the trust; 8.5-Investing. To invest in bonds, common or preferred stocks, notes, options, common trust funds, mutual funds, shares of any investment company or trust, or other securities, life insurance, partnership interests general or limited, joint ventures, real estate, or other property of any kind, regardless of diversification and regardless of whether the property would be considered a proper trust investment; 8.6-Joint Investments; Distribution; Determination of Value. To make joint investments for two or more trusts held by the same trustee; to distribute property in cash or in kind, or partly in each; to allocate or distribute undivided interests or different property or disproportionate interests to the beneficiaries, and to determine the value of any property so allocated or distributed; but no adjustment shall be made to compensate for a disproportionate allocation of unrealized gain for federal income tax purposes, and no action taken by the trustee pursuant to this paragraph shall be subject to question by any beneficiary; 8.7-Rights as to Securities. To have all the rights, powers, and privileges of an owner of the securities held in trust, including, but not limited to, the powers to vote, give proxies, and pay assessments; to participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers, and liquidations and, incident to such participation, to exercise or sell stock subscription or conversion rights, and the power to make elections under Subchapter S of the Internal Revenue Code; 8.8--Conservation of Assets. To take any action that an individual owner of an asset could take to conserve or realize the value of the asset and with respect to any foreclosure, reorganization, or other change with respect to the asset; 8.9-Delegation. To employ agents, attorneys, and proxies of all types (including any firm in which a relative of mine or his or her spouse is a partner, associate, or employee or is otherwise affiliated) and to delegate to them any powers the trustee considers advisable; 8.1 0-Payment of Expenses and Taxes. To pay all expenses incurred in the administration of the trust and to pay all taxes imposed on the trust; 8.11-Determination of Principal and Income. To determine in cases not covered by statute the allocation of receipts and disbursements between income and principal, except that (a) if the trust is beneficiary or owner of an individual account in any employee benefit plan or individual retirement plan, income earned after death in the account shall be income of the trust, and if the trustee is required to pay all trust income to a beneficiary, the trustee shall collect and pay the income of the account to the beneficiary at least quarterly (and to the extent that all income cannot be collected from the account, the deficiency shall be paid from the principal of the trust); (b) reasonable reserves for depreciation, depletion, and obsolescence may be established out of income and credited to principal only to the extent that the trustee determines that readily marketable assets in the principal of the trust will be insufficient for any renovation, major r~pair, improvement, or replacement of trust property that the trustee deems advisable; and (c) any premium paid for interest-bearing debt obligations shall be amortized out of income; 5 Page 267 of 528 8.12-Dealings with Fiduciaries. To deal with, purchase assets from, or make loans to the fiduciary of any trust made by me or a trust or estate in which any beneficiary under this trust has an interest, even though a trustee under this instrument is the fiduciary, and to retain any assets or loans so acquired, regardless of diversification and regardless of whether the property would be considered a proper trust investment; to deal with a corporate trustee under this instrument individually or a parent or affiliate company; to deal with the fiduciary of any other estate, trust, or custodial account even though the fiduciary is a trustee under this instrument; 8.13-Compromising Claims. To litigate, compromise, settle, or abandon any claim or demand in favor of or against the trust; 8.14-Nominee Arrangements. To hold any asset in the name of a nominee, in bearer form or otherwise, without disclosure of any fiduciary relationship; 8.15-Eiections Under Retirement Plans. To elect, pursuant to the terms of any employee benefit plan, individual retirement plan, or insurance contract, the mode of distribution of the proceeds thereof, and no adjustment shall be made in the interests ofthe beneficiaries to compensate for the effect of the election; 8.16-Liability Insurance. To purchase liability and casualty insurance of !IDY kind for the protection of the trust estate, including comprehensive liability insurance; 8.17-Accepting Additional Property. To accept additional property from any source and administer it as a part of the trust; if the addition is made by a will, the trustee may accept the statement of the personal representative of the estate of the transferor that the property delivered to the trustee constitutes all of the property to which the trustee is entitled without any duty to inquire into the representative's administration or accounting; 8.18-Environmental Matters. To inspect and monitor businesses and real property (whether held directly or through a partnership, corporation, trust, or other entity) for environmental conditions or possible violations of environmental laws; to remediate environmentally damaged property or to take steps to prevent environmental damage in the future, even if no action by public or private parties is currently pending or threatened; to abandon or refuse to accept property that may have environmental damage; to expend trust property to do the foregoing; and no action or failure to act by the trustee pursuant to this paragraph shall be subject to question by any beneficiary; 8.19-Ability To Take Other Actions. To do all other acts to accomplish the proper management, investment, and distribution of the trust. Article 9 Administrative Provisions 9.1-Administration After My Death. After my death, the trustee may hold the Lifetime Trust as a separate trust until all payments, allocations, and distributions from the Lifetime Trust directed by this instrument have been completed. If the Lifetime Trust is held as a separate trust under the preceding sentence, the trustee may from time to time distribute income or principal in satisfaction of the succeeding trusts, distributive shares, or gifts and shall (a) distribute the Lifetime Trust in complete satisfaction of such trusts, shares, or gifts as soon as practicable after my death, and (b) distribute at least annually income attributable to any gift with respect to which a federal estate tax marital deduction is allowable in my estate. 9.2-Income Payments. Mandatory income payments shall be made at least quarterly. 6 Page 268 of 528 9.3-Standard for Discretionary Payments. In the exercise of discretion to make a payment to a beneficiary, the trustee may consider all income and resources known to the trustee to be available to the beneficiary and the standard of living of the beneficiary. 9.4-Exercise of Power of Appointment. A lifetime power of appointment granted under this instrument may be exercised only by written instrument specifically referring to the power. A testamentary power of appointment granted under this instrument may be exercised only by a will specifically referring to the power. The appointment may be either outright or subject to such trusts and conditions as the holder of the power designates. The holder of the power may grant further powers of appointment to any person to whom principal may be appointed. In determining whether a testamentary power of appointment has been exercised, the trustee may rely on an instrument admitted to probate in any jurisdiction as the will of the holder of the power or may assume the power of appointment was not exercised in the absence of actual notice of the holder's will within three months after the holder's death. 9.5-Discretionary Qualified Terminable Inte(est Property Election. The trustee may elect (and may direct my executor to elect) to treat any fraction or all of the Marital Trust as qualified terminable interest property for federal estate tax purposes. 9.6-No Advancements. No payment made to any beneficiary under this instrument shall be treated as an advancement. 9 ?-Allocation of Assets and Income. For purposes of funding any pecuniary gifts (including any pecuniary formula gifts), the trustee may allocate or distribute assets in any manner, but the trustee shall value each asset at its fair market value on the date on which the asset is allocated or distributed. Any pecuniary gift (including any pecuniary formula gift) in trust or to my spouse shall include a pro rata share of the income of the trust estate from the date of my death to the date or dates of allocation or distribution. 9.8-..Small Trust Termination. The trustee may terminate any trust with a value at the time of termination less than the Minimum Trust Value. This power may not be exercised by a trustee who is a beneficiary of the trust. The Minimum Trust Value shall be the sum of(a) $100,000 and (b) the percentage increase, if any, in the cost of living from January 1 of the year in which I executed this instrument until January 1 of the year ofterminatwn multiplied by $100,000. For this purpose, the increase in the cost of living shall be determined pursuant to the Consumer Price Index for Urban Wage Earners and Clerical Workers, U.S. City Average, All Items, as published by the Bureau of Labor Statistics of the U.S. Department of Labor. If the index ceases to be published, there shall be substituted any other index the trustee determines to reflect similar information. 9.9-No Rule Against Perpetuities. I intend that each trust established under this instrument shall be a Qualified Perpetual Trust under Illinois law and shall not be subject to the Rule Against Perpetuities. The power of the trustee to sell, lease, or mortgage assets shall be construed as enabling the trustee to sell, lease, or mortgage trust property for any period beyond the Rule Against Perpetuities. If assets that would not qualify as part of a Qualified Perpetual Trust would otherwise be added to any trust established under this instrument, the trustee shall segregate those assets and administer them as a separate trust identical to the one to which the assets would have been added, except that, despite any other provision, 21 years after the death of the last to die of all of the beneficiaries living at my death each such separate trust then held under this instrument shall be distributed to the income beneficiaries in the proportions in which they are entitled to share the income, or, if their interests are indefinite, to the income beneficiaries in equal shares. 9.10-Facility of Payment. The trustee may make any payments (other than distributions on termination) to a beneficiary under legal disability or whom the trustee determines to be unable to properly manage his or her affairs in any ofthe following ways: (a) to the legally appointed guardian of the beneficiary, (b) to an adult relative or friend of the beneficiary in reimbursement for proper expenditures on behalf of the beneficiary, (c) to a custodian for the beneficiary under a Uniform Transfers or Gifts to Minors Act, (d) by 7 Page 269 of 528 making direct expenditures for the benefit of the beneficiary, or (e) to the beneficiary directly. The trustee may make distributions of tangible personal property to a beneficiary under legal disability or whom the trustee determines to be ut:table to properly manage his or her affairs in any ofthe ways listed in (a), (c), or (e) above. 9.11-Spendtbrift. No interest under this instrument shall be assignable by any beneficiary, or be subject to the claims of his or her creditors, including claims for alimony or separate maintenance. The preceding sentence shall not be construed as restricting in any way the exercise of any right of withdrawal or power of appointment or the ability of any beneficiary to release his or her interest. 9.12-Consolidation and Division of Trusts. The trustee may at any time consolidate any trust held under this instrument with any other trust if the beneficiaries of the trusts are the same and the terms of the trusts are substantially similar. Further, the trustee, in the trustee's absolute discretion, may divide a trust (the "initial trust") into two or more separate trusts and may segregate an addition to a trust (the "initial trust") as a separate trust. (a)-Funding. In dividing the initial trust, if the division is to be effective as of my death or as of the death of any other person, the trustee shall fund each separate trust with property having an aggregate fair market value fairly representative of the appreciation or depreciation in value from the date of such death to the date of division of all property subject to the division. (b}-Terms. A trust created pursuant to this paragraph shall have the same terms and conditions as the initial trust, and any reference to the initial trust in this instrument shall refer to that trust. The rights of beneficiaries shall be determined as if that trust and the initial trust were aggregated, but ( 1) different tax elections may be made as to the trusts, (2) disproportionate discretionary distributions may be made from the trusts, (3) taxes may be paid disproportionately from the trusts, (4) upon termination the share of a remainder beneficiary (including any recipient trust) may be satisfied with disproportionate distributions from the trusts, and ( 5) a beneficiary of the trusts may disclaim an interest in one of the trusts without having to disclaim an interest in another trust. In administering, investing, and distributing the assets of the trusts and in making tax elections, the trustee may consider differences in federal tax attributes and all other factors the trustee believes pertinent. 9 .13-Accrued and Unpaid Income. Except as otherwise specifically provided, upon the death of any beneficiary, any accrued or unpaid income shall be paid as income to the next beneficiary succeeding in interest. 9.14-Controlling Law. The validity and effect of each trust and the construction of this instrument and of each trust shall be determined in accordance with the laws of Illinois. The original situs and original place of administration of each trust shall also be Illinois, but the situs and place of administration of any trust may be transferred at any time to any place the trustee determines to be for the best interests of the trust. 9.15-Life Insurance. I retain during my life all rights under insurance policies payable to the trustee, including the right to change the beneficiaries and to assign any policies to any lender, including any trustee, as security for any loan. During my life the trustee shall have no responsibility with respect to the policies for the payment of premiums or otherwise. After my death, the trustee shall take whatever action the trustee considers best to collect the proceeds of any policies then payable to the trustee, but the trustee need not incur expense or take legal proceedings unless indemnified. Payment to and the receipt of the trustee shall be a full discharge of the liability of any insurance company, which need not take notice of this instrument or see to the application of any payment. 9.16-Exclusion of Interested Trustee. Notwithstanding any other provision, an individual trustee other than me (a) shall have no incident of ownership or power or discretion with respect to any policy of insurance upon the trustee's life; (b) shall have no discretionary power to allocate or distribute assets to the extent that such would discharge the trustee's legal obligation to support any beneficiary; (c) shall, if the 8 Page 270 of 528 trustee has a beneficial interest in a trust, have no discretionary power to allocate or distribute assets of such trust, directly or indirectly, to or for any beneficiary (including the trustee), unless necessary for such beneficiary's support in reasonable comfort, health care, or education at any level (to the extent the trustee was otherwise granted such discretionary powers); and (d) shall have no other power or discretion that would be deemed a general power of appointment under Code Section 2041 unless the trustee has the power in other than a fiduciary capacity. Article 10 Payment of Death Taxes, Expenses, and Debts 10.1-Payments. After my death, the trustee shall make the following payments: (a}-Death Taxes. All of my death taxes. (b }-Expenses. All of my last illness, funeral, burial, costs of safeguarding and delivering tangible personal property, and estate administration expenses. ( c }-Debts. All of my debts, other than debts secured by life insurance, by an interest in a land trust or cooperative, or by real property. 10.2-Source of Payments GeneraUy. The trustee shall make all payments required under this Article from the principal of the Lifetime Trust remaining after distribution of any gifts of tangible personal property or gifts of specific sums of money (including any pecuniary formula gifts), in trust or otherwise. If the cash and readily marketable assets in the Lifetime Trust are insufficient to make the foregoing payments in full, the trustee shall notizy the executor of my estate of the amount of insufficiency and request payment. Notwithstanding the preceding two sentences: (a}-The trustee shall pay from the disclaimed assets the amount by which my death taxes are increased by reason of a disclaimer of any portion of the Marital Trust; (b }-The trustee shall pay from the nonqualified assets of the Marital Trust the amount by which my death taxes are increased by reason of an election to qualitY less than all of the Marital Trust as qualified terminable interest property; and ( c }-The trustee shall pay from the disclaimed assets all generation-skipping transfer taxes on direct skip transfers of which I am the transferor occurring at my death as a result of a disclaimer. 1 0.3-Apportionment and Reimbursement for Death Taxes and Expenses. I do not waive any rights the trustee has under Code Sections 2206, 2207, 2207 A, and 2207B or any similar statutes of any state (or any comparable provisions in effect at my death), and I authorize the trustee to take such actions as are necessary to obtain reimbursement under such Code Sections and statutes, including withholding distributions. I waive all other rights to reimbursement and apportionment. 10.4-Tax Elections. The trustee may make elections under tax laws and employee benefit plans and may make allocations of any available GST exemption as the trustee deems advisable. No adjustment shall be made between principal and income or in the relative interests of the beneficiaries to compensate for any such election or allocation. Article 11 Definitions 11.1-Balance of the Trust Estate. The "balance of the trust estate" means the principal of the Lifetime Trust (including assets received from my probate estate or any other source) reduced by any 9 Page 271 of 528 payments of expenses, debts, and death taxes required to be paid from the Lifetime Trust and any gifts of specific assets and any pecuniary gifts (including any pecuniary formula gifts) and the family share. 11.2--Child and Descendant. (a)-Child. A "child" of a person means only: (1) a child born to the person or to the person's spouse while they are lawfully married; (2) a natural child of the person born while the parents are not lawfully married if the parents subsequently become lawfully married, but only for purposes of any allocation or distribution made after that marriage; or (3) a child lawfully adopted by the person prior to that child's attaining age 21. (b)-Descendant. A child of a person is a "descendant" of that person and of all ancestors of that person. A person's descendants include all such descendants whenever born. Except when distribution or allocation is directed to descendants per stirpes, the word "descendants" includes descendants of every degree whether or not a parent or more remote ancestor of a descendant is also living. (c)-Child in Gestation. A child in gestation on the date any allocation or distribution is to be made shall be deemed to be living on that date if the child is subsequently born alive and lives for at least 90 days. 11.3--Code. References to Sections of the "Code" refer to the Internal Revenue Code of 1986, as amended from time to time, and include corresponding provisions of subsequent federal tax laws. 11.4-Death Taxes. "Death taxes" includes all estate, transfer, inheritance, and other succession taxes (including penalties and interest) imposed by reason of death, including any estate tax under Code Section 4980A( d). Death taxes shall not include generation-skipping transfer taxes imposed on any generation- skipping transfers other than direct skip transfers made at the decedent's death of which the decedent is the transferor. 11.5-Education. "Education" means a pre-school, grade school, middle school, high school, college, university, and professional or postgraduate education, any vocational studies or training, reasonable related living expenses, and reasonable travel expenses tG and from the educational institution. 11.6-Incapacity. A person (other than me) shall be considered incapacitated if under a legal disability or unable to give prompt and intelligent consideration to financial affairs. The existence of the inability may be determined by a physician, and any person may rely on written notice of the determination. A person already acting as trustee shall cease to act on incapacity. 11.7-Income Beneficiary. An "income beneficiary" means a person to whom or for whose benefit income of any trust is or may be currently distributed. 11.8-Per Stirpes. Whenever assets are to be allocated for or distributed to the descendants of a person per stirpes, those assets shall be divided into equal shares, one such share for each then living child of that person and one such share for the then living descendants collectively of each deceased child of that person who has a descendant then living. Any such deceased child's share shall then be allocated for or distributed to that child's descendants per stirpes in accordance with the preceding sentence and this sentence. 11.9-Qualified Corporation. A "qualified corporation" means any bank, trust company, or other corporate entity that is authorized to act as trustee and that is not a related or subordinate party under Code Section 672( c) as to any beneficiary under this instrument. 11.1 0-Spouse. The "spouse" of any person, other than me, means the individual legally married to, and not legally separated from, that person on the date of the distribution then in question or on the date of the prior death of that person. 10 Page 272 of 528 • • " '. ~ .: Article 12 Captions and Context of Terms Captions shall have no impact or meaning as to the terms of this instrument. Singular and plural and masculine, feminine, and neuter shall be interchangeable as required or permitted in the context of this instrument. Signed and agreed on l{p,,_ t' /jl/.- 1 STATE OF ILLINOIS ) ) ss. '2010. ;v& -- MICH EL H. SCHIEK, mdlVldually and as trustee COUNTYOFDuPAGE ) ~ On -rJorJft'< ~ laO, , MICHAEL H. §£Hiij~_fl>j~on,al~ .appeared before me and acknowledged that thts mstrument was executed as that p sott(~~~~~'Q:~eedf':...._1 "''·\ ·A·p 8' '··~ r. ~·-... ,:o;::,·,·~/ -~ ... """ 1...1.:' . VQ .... , • 11 Page 273 of 528 Page 274 of 528 Page 275 of 528 Page 276 of 528 Page 277 of 528 Page 278 of 528 Page 279 of 528 Page 280 of 528 Page 281 of 528 Page 282 of 528 Page 283 of 528 Page 284 of 528 Page 285 of 528 Page 286 of 528 Page 287 of 528 Page 288 of 528 Page 289 of 528 Page 290 of 528 Page 291 of 528 11/14/2024 Item # 3.E ID# 2024-1881 Petition No. VA-PL20230012485 – 10030 Gulf Shore Drive - A variance to reduce the required side yard riparian setback of 15 feet to 8.1 feet for a dock facility on a lot with 67.53 feet of water frontage, located on Lot 30, Block B, Re- Subdivision of Part of Unit No. 1, Conner’s Vanderbilt Beach Estates. (Companion to PL202300008895) [Coordinator: John Kelly] ) (Commissioner District 2) ATTACHMENTS: 1. Staff Report 10312024 2. Attachment A - Survey and Site Plan with Proposed Improvements 3. Attachment B - Proposed Dock Plan 4. Attachment C - Applicant's Backup 5. Attachment D - Sign Posting - 10-30-2024 at 1410 6. Attachment E - Letter of No Objection Page 292 of 528 VA-PL20230012485; 10030 Gulf Shore Dr Page 1 of 7 10/31/2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 14, 2024 SUBJECT: VA-PL20230012485, 10030 GULF SHORE DRIVE – CERKLESKI DOCK, COMPANION TO BD-PL20230008895 _____________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: James Cerkleski Trust Mark Oreus James Cerkleski, Trustee Greg Orick II Marine Construction, Inc. 103 Bayview Ave. 3710 Prospect Ave Naples, FL 34108 Naples, FL 34104 REQUESTED ACTION: To have the Collier County Hearing Examiner consider a variance from Land Development Code (LDC) Section 5.03.06.E.6 to reduce the required side yard riparian setback of 15 feet to 8.1 feet for a dock facility on a lot with 67.53 feet of water frontage. GEOGRAPHIC LOCATION: The subject property is located at 10030 Gulf Shore Drive, at the southeast corner of Gulf Shore Drive and Bayview Avenue, also known as Lot 30, Block B, Re-Subdivision of Part of Unit No. 1, Conner’s Vanderbilt Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See location map of property on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The subject property is a uniquely configured 5-sided lot comprising 0.36 acres with a 2-story single-family dwelling under construction, Building Permit No. PRFH20230416818 issued on December 6, 2023, within a Residential Single-Family-3 (RSF-3) Zoning District. The petitioner desires to construct a shore-perpendicular dock facility with two boatlifts that will encroach 6.9 feet into the southern side yard/riparian area; the opposite riparian area will be satisfied. Said dock facility also requires a companion Boat Dock Extension (BD) to allow for the requested protrusion of 52 feet. Page 293 of 528 VA-PL20230012485; 10030 Gulf Shore Dr Page 2 of 7 10/31/2024 Page 294 of 528 VA-PL20230012485; 10030 Gulf Shore Dr Page 3 of 7 10/31/2024 Page 295 of 528 VA-PL20230012485; 10030 Gulf Shore Dr Page 4 of 7 10/31/2024 SURROUNDING LAND USE AND ZONING: North: Bayview Avenue (Right-of-Way), then a single-family dwelling located within an RSF-3 Zoning District East: Razed property located within an RSF-3 Zoning District South: A single-family dwelling located within an RSF-3 Zoning District and Vanderbilt Lagoon (waterway) West: Gulf Shore Drive (Right-of-Way), then a single-family dwelling located within an RSF-3 Zoning District Collier County GIS Page 296 of 528 VA-PL20230012485; 10030 Gulf Shore Dr Page 5 of 7 10/31/2024 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban Mixed Use Residential land use classification on the County’s Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses, including single-family, multi-family, duplex, mobile homes, and mixed-use projects. As previously noted, the subject petition seeks a variance to reduce the required front yard for a single-family residence, which is an authorized use within this land use designation. Therefore, the use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved? The applicant’s agent states: “Yes, the curve shaped shoreline limits what proposed docking facility can be introduced. Also, with the presence of the docks at both neighboring properties, the property owner is limited in which direction they can access the docking facility without causing any navigational issues.” Staff concurs and notes that concerning the waterfront, were this property at the end of a canal the LDC would allow reduced side setbacks of 7.5 feet for dock facilities. The curvature of the waterway presents a unique challenge to the subject and surrounding properties. Additionally, the property owner to the south has provided a letter of no objection; see attachments. b. Are there special conditions and circumstances that do not result from the applicant's action, such as pre-existing conditions relative to the property, which are the subject of the Variance request? The applicant’s agent states: “Yes, as stated above, the property’s shape of shoreline and limited shoreline length requires additional protrusion due to the pie shape riparian lines. Due to these factors and the property owner’s vessel size, these are the special conditions driving this side yard setback variance request.” Staff further notes that the subject property was platted prior to the current owner's purchase of the property. c. Will a literal interpretation of the provisions of this zoning code work cause unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The applicant’s agent states: “Yes. The denial of the Variance petition would not allow the owner to store any of their vessels at the property safely with the proposed dock and boat lifts.” Zoning staff finds that the unique shape of the property offers unique waterfront Page 297 of 528 VA-PL20230012485; 10030 Gulf Shore Dr Page 6 of 7 10/31/2024 challenges which severely limit use of the property’s waterfront. d. Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promotes standards of health, safety, and welfare? The applicant’s agent states: “Yes. The proposed docking facility has been reduced to the minimum size and still provides safe access. Also, the proposed docking facility is consistent with the other docking facilities along this shoreline of Conner’s Vanderbilt Bch [sic] that have been previously granted BDEs and some side yard setback variances.” Staff concurs. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? By definition, a variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the variance process for any dimensional development standard. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case-by-case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare? The applicant’s agent states: “Yes. The variance is for a single-family docking facility that will not affect the functionality of any surrounding lots but allow this property to be consistent with the others along the same subject shoreline.” Zoning staff concurs and has received a letter of no objection from the property owner to the south. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.? The applicant’s agent states: “The variance will allow the construction of a private single- family docking facility, which will increase the recreational value of the property and the Conner’s Vanderbilt area.” Staff notes that the location of the subject dock facility is at a curve of the waterway that limits any boating traffic from getting close to the proposed dock as the turn would be too tight to maneuver. Properties in this area are now required to be built to such an elevation that docking facilities should not have a severe impact to waterfront views. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP concerning density, intensity, compatibility, access/connectivity, or any other applicable Page 298 of 528 VA-PL20230012485; 10030 Gulf Shore Dr Page 7 of 7 10/31/2024 provisions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject Variance doesn’t impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: Companion Petition No. BD-PL20230008895 to allow the subject dock facility to protrude 52 feet into a waterway that is 534.8± feet wide. PUBLIC NOTICE: Notice Requirements for variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property on or about July 3, 2024, as evidenced by an executed Affidavit of Compliance contained within Attachment B. Notice of the Hearing Examiner meeting was provided by posting on the Clerk of Court’s website and through a mailed notice to owners within 500 feet of the site on or about October 25, 2024, and the posting of a public notice sign on the site on October 30, 2024. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner APPROVE petition PL20230012485 to reduce the side yard riparian setback from 15 feet to 8.1 feet along the southernmost property line as depicted within the proposed dock plans contained within Attachments A and B. Attachments: A. Survey and Site Plan with Proposed Improvements B. Proposed Dock Plan C. Applicant’s Backup - Application, Narrative, Agent Letter, etc. D. Public Hearing Sign Posting E. Correspondence – Letter of Support Page 299 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAH1 of 2GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDABOUNDARY AND TOPOGRAPHIC SURVEYSECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-BSIPROPERTY DESCRIPTIONNOTES:LEGENDBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'CURVE TABLEC 1 GULF SHORE DRPage 300 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAHGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDASECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-PP DOCKPROPERTY DESCRIPTIONNOTES:LEGENDCURVE TABLEGULF SHORE DR2 of 2SITE PLAN w/ PROPOSED IMPROVEMENTSBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'C 1 GULF SHORE DRPage 301 of 528 NORTHEAST RIPARIAN LINE16'-4"SOUTHWEST RIPARIAN LINE8'-1"3'-0"4'-0"16'-0"14'-0"52'-0"6A18'-6"11'-6"6'-6"11'-11"45'-0"13'-9"PROPOSEDLIFTPROPOSEDLIFTPROPOSEDWOOD DOCK45'-11"PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588PROPOSED DOCK PLANA3/32" = 1'-0"3/4NOTES:Page 302 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358 4/27/2018 Page 1 of 6 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2‐83 – 2‐90 Chapter 3 J. of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: _________________________City: ________________ State: _______ ZIP: ________ Telephone: ___________________ Cell: ____________________ Fax: ____________________ E‐Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: ___________________________City: ________________ State: _______ ZIP: ______ Telephone: ____________________ Cell: ___________________ Fax: ____________________ E‐Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff JAMES CERKLESKI TRUST James Cerkleski 103 BAYVIEW AVE Naples FL 34108 Mark Oreus Greg Orick II Marine Construction Inc 3710 Prospect Ave Naples FL 34104 239-949-5588 Permits@orickmarine.com Page 303 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 2 of 6 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: ____________________ Section/Township/Range: / / Subdivision: _____________________________________ Unit: _____Lot: Block: Metes & Bounds Description: __________________________________ Total Acreage: ______ Address/ General Location of Subject Property: ______________________________________ ______________________________________________________________________________ ADJACENT ZONING AND LAND USE Zoning Land Use N S E W Minimum Yard Requirements for Subject Property: Front: Corner Lot: Yes No Side: Waterfront Lot: Yes No Rear: Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Page 304 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 3 of 6 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: _____ NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing prin cipal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Page 305 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 4 of 6 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. Page 306 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 5 of 6 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. 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. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre-Application Meeting Notes 1 Project Narrative Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 Deeds/Legal’s 3 Location map 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 Historical Survey or waiver request 1 Environmental Data Requirements or exemption justification 3 Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 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. Page 307 of 528 Page 308 of 528 License #C28961 Thursday, February 22, 2024 Collier County Growth Management Zoning Division 2800 N Horseshoe Dr. Naples, FL 34104 Re: PL20230012485 10030 Gulf Shore Dr (VA) To Whom It May Concern, Please find attached a request for a variance for a proposed single-family docking facility located at 10030 Gulf Shore Dr, Naples, Florida 34108. The property is located on the west side of the Vanderbilt Channel. The subject property is located within Section 29, Township 48, and Range 25 in Collier County and can be identified by folio #27530760000. The proposed project scope consists of constructing a new fixed dock with two boat lifts. The proposed dock will provide a 16.4’ setback off the Northern riparian line and only a 8.1’ setback from the southern riparian line. The required side yard setbacks with Collier County are 15-feet on both North and South sides. The proposed project meets the minimum on the Northside but unable to on the South side. Therefore, a request for a variance from the LDC Section 5.03.06.E.5 to reduce the side yard setback requirement from 15-feet to 8.1-feet for the proposed docking facility located at Lot 30, Conner's Vanderbilt Bch Unit 1 subdivision, also known as 10030 Gulf Shore Dr in Section 29, Township 48, and Range 25 in Collier County, Florida. The applicant’s vessel, natural shoreline, shape of shoreline, associated riparian line locations creating a pie shape build able area that requires the dock to protrude further out into the subject waterway. That is why the subject dock does not meet the required side yard setback on the South side but does on the North side. Please see uploaded documents for additional information and measurements. If you have any questions, please contact me via email (Permits@Orickmarine.com) or at the office number in the footer. 2815 Bayview Drive, Naples FL 34112 Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com www.orickmarine.com Page 309 of 528 Page 310 of 528 Page 311 of 528 Page 312 of 528 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) _P_L2_02_3_00_12_4a_s ______________________ _ I, JAMES CERKLESKI (print name), as Owner (title, if applicable) of JAMES CERKLESKI TRUST (company, l�licable), swear or affirm under oath, that I am the (choose one) ownerwapplicantOcontract purchaseruand that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2.All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions andrestrictions imposed by the approved action.5.We/I authorize Greg Orick II Manne Construction Inc to act as our/my representativein any matters regarding this petition including 1 through 2 above. •ff the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. n •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. STATE OF FLORIDA COUNTY OF COLLIER 7/21/2023 Date The foregoing instrument was acknowleged before me by means of t:E)physical presence or Donline notarization this _2,_ day of July , 20�. by (printed name of owner or qualifier) _J_am_e_s_ce_r1<_1es_k_1 _________ _ Such person(s) Notary Public must check applicable box: CT Are personally known to meD Has produced a current drivers license ______ _ D Has produced --�------as identification. Nota,ys;goalu,ec � � CP\08-COA-00115\155 REV 3/4/2020 .•····:;;:••,,, MAKERBY OREUS/�:.r-�"'ii.f\ MY COMMISSION# HH 182779 \!;.�.;} EXPIRES: October 6, 2025·--�fo, F'-?f/. Bo� 'Thru Nolaly Public Undelwrilerl, ....... , PL20230012485 Page 313 of 528 NORTHEAST RIPARIAN LINE16'-4"SOUTHWEST RIPARIAN LINE8'-1"3'-0"4'-0"16'-0"14'-0"52'-0"6A18'-6"11'-6"6'-6"11'-11"45'-0"13'-9"PROPOSEDLIFTPROPOSEDLIFTPROPOSEDWOOD DOCK45'-11"PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588PROPOSED DOCK PLANA3/32" = 1'-0"3/4NOTES:Page 314 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAH1 of 2GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDABOUNDARY AND TOPOGRAPHIC SURVEYSECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-BSIPROPERTY DESCRIPTIONNOTES:LEGENDBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'CURVE TABLEC 1 GULF SHORE DRPage 315 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAHGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDASECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-PP DOCKPROPERTY DESCRIPTIONNOTES:LEGENDCURVE TABLEGULF SHORE DR2 of 2SITE PLAN w/ PROPOSED IMPROVEMENTSBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'C 1 GULF SHORE DRPage 316 of 528 Page 317 of 528 License #C28961 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com Monday, July 1, 2024 Mailing Address (TBD) Naples, FL (TBD) To Whom It May Concern: Please be advised that the sender has made a formal application to Collier County for a variance, PL20230012485, from the requirements of the zoning regulations as they apply to the following described property: CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK B LOT 30 Section 29, Township 48, Range 25, Collier County, Florida Also Known As 10030 GULF SHORE DR Folio: 27530760000 It is our intent to ask the County to allow us to reduce the minimum side yard setback from the southern riparian line from 15 feet to 8.1 feet to accommodate the proposed docking facility and associated boatlifts. If you have any questions or concerns, please feel free to contact Greg Orick II Marine Construction using the contact information listed below. Best Regards, Greg Orick II President Greg Orick II Marine Constriction Inc Info@Orickmarine.com Page 318 of 528 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE 128 BAYVIEW AVENUE LLC 17 NEW ALBANY FARMS RD NEW ALBANY, OH 43054---9000 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK B LOT 31 LESS POB SE COR LOT 31 N24 53 3W 123.68FT, N79 8 2E 27530800009 U 128 BAYVIEW AVENUE LLC 17 NEW ALBANY FARMS RD NEW ALBANY, OH 43054---0 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK B LOT 32 AND POR OF LOT 31 DESC POB SW COR OF LOT 32 27530800106 U BOLL, ALAN J 129 CHANNEL DR NAPLES, FL 34108---2141 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 12 27483680004 U BOLL, ALAN J 129 CHANNEL DR NAPLES, FL 34108---2141 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 14 27483760005 U BOWEIN, LLOYD L LURLINE S BOWEIN 10021 GULF SHORE DR NAPLES, FL 34108---2023 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 31 27530040005 U CALVIN K DILLER REV TRUST KIM A DILLER REV TRUST 00114 M66 HIGHWAY NORTH PO BOX 579 EAST JORDAN, MI 49727---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK B LOT 34 27481840008 U COLLARD, CRAIG & SUSAN 1205 FOUR MEADOWS LANE MOORISVILLE, NC 27560---0 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK B LOT 29 27530720008 U DUNN, JOLAINE M BOBBI JO DUNN-MENDEZ 108 CHANNEL DR NAPLES, FL 34108---2142 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 16 27482720004 U ESPOSITO REVOCABLE TRUST 210 BAYVIEW AVE NAPLES, FL 34108---2140 CONNER'S VANDERBILT BCH EST UNIT 1 BLK B LOT 37 27481960001 U FORD, JOSEPH EDWARD LAURIE ANN FORD 12209 ISLAND DRIVE INDIANAPOLIS, IN 46256---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 12 27482600001 U GIGI TRUST 151 BAYVIEW AVE NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 9 27482480001 U HARWICK, RICK & KATHY 164 BAYVIEW AVE NAPLES, FL 34108---2138 CONNER'S VANDERBILT BCH EST UNIT 1 BLK B LOT 35 27481880000 U HAZEL OWNER LLC % PEBBLEBROOK HOTEL TRUST 7315 WISCONSIN AVE # 1100 W BETHESDA, MD 20814---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK A LOTS 27, 28, 29 AND 30 27480800007 U HAZEL OWNER LLC % PEBBLEBROOK HOTEL TRUST 7315 WISCONSIN AVE # 1100 W BETHESDA, MD 20814---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK B LOT 24 27481640004 U HAZEL OWNER LLC % PEBBLEBROOK HOTEL TRUST 7315 WISCONSIN AVE # 1100 W BETHESDA, MD 20814---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK B LOTS 25-28 27481680006 U HAZEL OWNER LLC %RYAN PROPERTY TAX PO BOX 34472 WASHINGTON, VA 20043---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK A LOT 26 27480760008 U HEISLER, JASON J & MINDI J 12024 KINGSBRIDGE RD FORT WAYNE, IN 46814---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK B LOT 36 27481920009 U HOPPE, MARK E DARLENE REYNOLDS-HOPPE 10217 GULF SHORE DR NAPLES, FL 34108---2027 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 37 27530280001 U INGRID AYAYDIN REV DECL TRUST 163 BAYVIEW AVE NAPLES, FL 34108---2137 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 8 27482440009 U JAFFE, ANDREW T & FERN B 10091 GULF SHORE DR NAPLES, FL 34108---2023 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 34 AND PART OF UNIT 1, BLK C, DESC AS N 50FT LOT 27530160008 U JAMES CERKLESKI TRUST 103 BAYVIEW AVE NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK B LOT 30 27530760000 U JENSEN, BRIAN W & SHAWN TRACIE 2 BARBERRY DR HAWTHORN WOODS, IL 60047---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 20 27482880009 U JOSEPH C O'BRIEN REV TRUST 117 CHANNEL DRIVE NAPLES, FL 34108---2141 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 13 27483720003 U KANTOR, ROBERT D 10620 GULF SHORE DR #501 NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 21 27482920008 U KARGMAN, JAMES B DELORES HEIDI BREM-KARGMAN 10135 GULF SHORE DR NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 35 27530200007 U KRUGER, WARREN F LAURA CALABRESE 175 BAYVIEW AVE NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 7 27482400007 U L W & S W BAIERL REV TRUST 10150 GULF SHORE DR NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK C LOT 15 27530920002 U LINDSEY, JAMES EARL PO BOX 13000 FAYETTEVILLE, AR 72703---1000 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK D LOT 15 27530960004 U LONGWELL, ROB PAMELA GIBSON LONGWELL 13910 FACTORY LANE LOUISVILLE, KY 40245---0 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 33 27530120006 U MONAGHAN TR, MARJORIE E MARJORIE E MONAGHAN TRUST UTD 12/29/1975 PO BOX 702576 PLYMOUTH, MI 48170---983 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 32 27530080007 U NANCY C BURNS REV TRUST 10173 GULF SHORE DR NAPLES, FL 34108---2025 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 36 27530240009 U PASQUALE R GIAMMARCO REV TRUST ANNE M GIAMMARCO REV TRUST 5252 MONROE ST TOLEDO, OH 43623---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK B LOT 33 27481800006 U PITTMAN, DAVID B & KRISTIN C 132 CHANNEL DR NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 18 27482800005 U R J WEHRLI DTD TRUST 4900 PRAIRIE XING OSWEGO, IL 60543---8017 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 11 27482560002 U SCOTT W CHAFFEE 2011 IRREV TRUST 15023 REMINGTON PL FORT WAYNE, IN 46814---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 17 27482760006 U SHERYL CERKLESKI DECL OF TRUST 103 BAYVIEW AVE NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 13 27482640003 U SLADANA RAJKOVIC LIVING TRUST 10080 GULF SHORE DR NAPLES, FL 34110---0 CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK C LOT 14, LESS N 50FT LYING W OF CANAL 27530840001 U VANDENBERG, SCOT PATRICIA VANDENBERG 141 OAKS ST FRANKFORT, IL 60423---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 19 27482840007 U TOTALIC LLC RUA NOVA GALICIA 22 SAO PAULO CEP 04742-050 BRAZIL CONNER'S VANDERBILT BCH EST UNIT 1 BLK C LOT 10 27482520000 F Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL20230012485 | Buffer: 500' | Date: 7/29/2024 | Site Location: 27530760000 POList_501 Page 319 of 528 License #C28961 Thursday, February 22, 2024 Re: Nature of Petition 1.A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The subject property currently does not contains a docking facility. The proposed work will entail the construction of a new docking facility with two boatlifts which will protrude 52’ from the most restrictive point (MHWL) out into a section of waterbody which is Vanderbilt Channel. It will be built outward to the existing shoreline and due to the design and Limited Shoreline a BDE (PL20230008895) has been applied for alongside this VA. This variance petition seeks to reduce the riparian line setback on the south side of the proposed dock from the required 15-feet to 8.1-feet. The subject property is zoned 0- Vacant Residential within the Conner's Vanderbilt Bch community with a single-family residence currently under construction on the uplands permit number PRFH20230416818 and per the Collier County LDC a docking facility is allowed but requires 15-foot setbacks from both riparian lines. The shape of the subject property shoreline and the size of the residents vessel are the driving factors for this variance request. The applicant’s vessel, shape of shoreline, associated riparian line locations creating a pie shape buildable area requires the dock to protrude further out into the subject waterway. That is why the subject dock does not meet the required side yard setback on the south side but does on the north side. This was the only design that would allow for safe navigation of waterway while still allowing for property owners vessels to safely be stored and not imposing on the egress/ingress of neighboring docks. This design was also placed to allow for as little impact to the surrounding neighbors docking facilities as possible. 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com Page 320 of 528 License #C28961 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com 2.For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The proposed design will be built off the current seawall and will not require any Dredging or fill. 2.Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: A) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes,The curve shaped shoreline limits what proposed docking facility can be introduced. Also with the presence of the docks at both neighboring properties, the property owner is limited in which direction they can access the docking facility without causing any navigational issues. B) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, As stated above, the property’s shape of shoreline, and limited shoreline length requires additional protrusion due to the pie shape riparian lines. Due to these factors and the property owners vessel size, these are the special conditions driving this side yard setback variance request. C) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, The denial of the Variance petition would not allow the owner to store any of their vessels at the property safely with the proposed Dock and boat lifts. D) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, or welfare. Yes. The proposed docking facility has been reduced to the minimum size and still provide safe access. Also, the proposed docking facility is consistent with the other docking facilities along this shoreline of Conner's Vanderbilt Bch that have been previously granted BDE’s and some side yard setback variances Page 321 of 528 License #C28961 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com E) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No. Several of the neighboring lots already contain similar docking facilities that also required a BDE and setback variances. F) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes, The variance is for a single-family docking facility that will not affect the functionality of any surrounding lots but allow this property to be consistent with the others along the same subject shoreline. G) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The variance will allow the construction of a private single-family docking facility, which will increase the recreational value of the property and the Conner's Vanderbilt area. H) Will granting the variance be consistent with the Growth Management Plan? Yes. Besides the dock’s side setbacks and protrusion, all other design criteria will be met. Page 322 of 528 534.8' MHWL TO MHWLPROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.55882024.07.081/2NOTES:(A)ALL IDEAS, DESIGNS, ARRANGEMENTS,CONCEPTS, PLANS, AND ANY CREATIVEDERIVATIVES THEREIN, INDICATED ORREPRESENTED BY THESE DRAWINGS, AREOWNED BY AND REMAIN THE SOLEPROPERTY OF GREG ORICK MARINECONSTRUCTION II AND ITS SUBSIDIARIES,AND WERE CREATED, EVOLVED, ANDDEVELOPED FOR USE ON, AND INCONNECTION WITH THE SPECIFIEDPROJECT; NO PERMISSION FOR USE ORTRANSFER OF OWNERSHIP IS INFERREDWITH OR WITHOUT MUNICIPAL APPROVAL,OR WITHOUT CONTRACTUAL AGREEMENT.Page 323 of 528 BAY VIEW AVENUECONNER'S VANDERBILT BCH EST REPLATPART OF UNIT 1 BLK B LOT #30R3-12GULF SHO R E D R I V E SOUTHWEST PROPERTY LINENORT HE AST P R O PE RTY LI NE VANDERBILTLAGOON119'-0"77.64'167.95'144.75'67.5'69.2'29.4'NORTHEAST RIPARIANPERPENDICULAR TO CHANNEL THREADSOUTHEAST RIPARIANPERPENDICULAR TO CHANNEL THREAD534.8' MHWL TO MHWLBOATLIFTWOODDOCKEXISTINGSEAWALLEXISTINGSEAWALLLOT #29LOT #31CHANNEL THREADSITE PLANA1/32" = 1'-0"2/2NOTES:PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.55882024.07.08Page 324 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides 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 NOT 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. Backup provided by Applicant: 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 Authorization _X__ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) _X__ NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio Agent Letter & Mailing List ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _X__ Deviation Justifications Page 325 of 528 Page 326 of 528 Page 327 of 528 1 John Kelly From:Craig Collard <cacollard@outlook.com> Sent:Tuesday, September 24, 2024 9:59 AM To:John Kelly Cc:jim.cerkleski@cloverimaging.com Subject:Letter of No Objection 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. Subject: [EXTERNAL] * VA-PL20230012485 (Variance) and BD-PL20230008895 (Boat Dock Extension) for 10030 Gulf Shore Dr * VA-PL20240008508 (Variance) and BD-PL20240008508 (Boat Dock Extension and Boathouse) for 9990 Gulf Shore Dr * VA-PL20230012485 (Variance) and BD-PL20230008895 (Boat Dock Extension) for 10030 Gulf Shore Dr * VA-PL20240008508 (Variance) and BD-PL20240008508 (Boat Dock Extension and Boathouse) for 9990 Gulf Shore Dr Good Morning Hearing Examiner, This letter is to advise that I have viewed the plans for the proposed improvements and have no objections to the proposed Boat Dock Extension, Boathouse and /or variance for the above listed addresses. We look forward to getting this all completed and get the project started. Thank you for your assistance with this matter. Sincerely, Craig Collard 9990 Gulf Shore Drive Naples, Florida 34108 Page 328 of 528 11/14/2024 Item # 3.F ID# 2024-1882 Petition No. BD-PL20230008895- 10030 Gulf Shore Drive - A proposed 32-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow construction of a boat docking facility protruding a total of 52 feet into a waterway that is 534.8± feet wide. The subject property is located on Lot 30, Block B, Re-Subdivision of Part of Unit No. 1, Conner’s Vanderbilt Beach Estates. (Companion to PL20230012485) [Coordinator: John Kelly] (Commissioner District 2) ATTACHMENTS: 1. Staff Report 10302024 2. Attachment A - Survey and Site Plan with Proposed Improvements 3. Attachment B - Proposed Dock Plan 4. Attachment C - Dock Cross Section 5. Attachment D - Applicant's Backup 6. Attachment E - Sign Posting - 10-30-2024 at 1410 7. Attachment F - Letter of No Objection Page 329 of 528 BD-PL20230008895; 10030 Gulf Shore Dr - Cerkleski Page 1 of 8 10/30/2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 14, 2024 SUBJECT: BD-PL20230008895, 10030 GULF SHORE DRIVE – CERKLESKI DOCK, COMPANION TO VA-PL20230012485 _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: James Cerkleski Trust Mark Oreus James Cerkleski, Trustee Greg Orick II Marine Construction, Inc. 103 Bayview Ave. 3710 Prospect Ave Naples, FL 34108 Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 32-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow the construction of a boat docking facility protruding a total of 52 feet into a waterway that is 534.8± feet wide, pursuant to Section 5.03.06.H of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 10030 Gulf Shore Drive, at the southeast corner of Gulf Shore Drive and Bayview Avenue, also known as Lot 30, Block B, Re-Subdivision of Part of Unit No. 1, Conner’s Vanderbilt Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is a uniquely configured 5-sided lot comprising 0.36 acres with a 2-story single-family dwelling under construction, Building Permit No. PRFH20230416818 issued on December 6, 2023, within a Residential Single-Family-3 (RSF-3) Zoning District. The petitioner desires to construct a shore-perpendicular dock facility with two boatlifts, one for a 45-foot vessel and the other up to 13 feet, that will protrude 52 feet into the Vanderbilt Lagoon waterway. As designed, a companion Variance is required to accommodate the side/riparian setback along the southernmost property line. Page 330 of 528 BD-PL20230008895; 10030 Gulf Shore Dr - Cerkleski Page 2 of 8 10/30/2024 Page 331 of 528 BD-PL20230008895; 10030 Gulf Shore Dr - Cerkleski Page 3 of 8 10/30/2024 SURROUNDING LAND USE & ZONING: North: Bayview Avenue (Right-of-Way), then a single-family dwelling located within an RSF-3 Zoning District East: Razed property located within an RSF-3 Zoning District South: A single-family dwelling located within an RSF-3 Zoning District and Vanderbilt Lagoon (waterway) West: Gulf Shore Drive (Right-of-Way), then a single-family dwelling located within an RSF-3 Zoning District Collier County GIS Page 332 of 528 BD-PL20230008895; 10030 Gulf Shore Dr - Cerkleski Page 4 of 8 10/30/2024 ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to granting this request. The property is located adjacent to a man-made canal. The proposed docking facilities will be constructed waterward of the existing seawalled shoreline. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility (Submerged Resource Survey exhibit sheet 10 of 10). This project does not require an Environmental Advisory Council Board (EAC) review because it did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. A two-story single-family dwelling is presently being constructed on the subject property as per Building Permit No. PRFH20230416818, issued on December 6, 2023. The subject project is to allow the construction of a residential dock facility with two boat lifts, one to accommodate a 45-foot vessel and the other for a vessel not to exceed 13 feet. 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.) Criterion met. The applicant’s agent states: “Without the boat dock extension, a vessel would not be able to be moored or launched while at MLWL due to the water depth within a 20’ protrusion of the MHWL/property line, as shown in the bathymetric survey and cross section drawing.” Staff Concurs, based upon Attachments A and C. Page 333 of 528 BD-PL20230008895; 10030 Gulf Shore Dr - Cerkleski Page 5 of 8 10/30/2024 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: “Proposed dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock and lifts have been designed not to impede navigation, and their protrusion is consistent with that of the neighboring docks along the shoreline.” 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 applicant’s agent states: “The waterway width is 534.8’, and the proposed dock facility protrudes a total of 52’ from MHWL, which is 10.28% of the waterway width. Thus, the dock facility does not protrude more than 25% of the waterway width and maintains more than 50% of navigable waterway width.” Staff concurs. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant states: “The proposed dock location and design will not impact or interfere with the use of any neighboring docks. The nearest existing neighboring dock is approximately 29.4’ from the proposed dock.” Staff concurs and notes that a Letter of No Objection was provided by the owner of the adjoining property to the south. Secondary Criteria: 1. Whether there are special conditions not involving water depth related to the subject property or waterway that 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.) Criterion met. The applicant’s agent states: “Shoreline configuration only allows a boat to be lifted from a perpendicular position relative to the shoreline. The dock is proposed to allow a 45’ boat into the slip, perpendicular to the shoreline, thus already extending past the 20’ maximum. Also, due to the pie shaped shoreline configuration and presence of existing neighboring docks, a 45’ boat can only dock safely perpendicular to the shoreline.” Staff concurs. Page 334 of 528 BD-PL20230008895; 10030 Gulf Shore Dr - Cerkleski Page 6 of 8 10/30/2024 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The applicant’s agent states: “The design of the proposed boat dock is for recreational vessels to be maintained safely without incidence. No excessive deck area is being proposed, as shown in the site plan.” 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 applicant’s agent states: “Vessel LOA combines is 71’ feet (1 ea. 45’ long Boat & 2 ea. 13’ long PWC), which is more than 50 percent of the linear water frontage, being 68’ long.” Staff concurs. 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: “Proposed dock facility will not have an impact on waterfront view of neighboring properties and will be consistent with existing dock facilities along the shoreline as shown in the aerial drawing. The proposed dock facility is within the property‘s riparian lines and will not impact the view of the neighboring waterfront property owners.” Staff concurs. 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.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exist within 200-feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 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 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. Staff analysis finds this request complies with five of the five primary criteria. With respect to the six secondary criteria, one of the criteria is found to be not applicable; the request meets four of the remaining five secondary criteria. Page 335 of 528 BD-PL20230008895; 10030 Gulf Shore Dr - Cerkleski Page 7 of 8 10/30/2024 CONCURRENT LAND USE APPLICATIONS: Companion Petition No. VA-PL20230012485 to allow the required 15-foot side yard riparian setback to be reduced to 8.1 feet along the southernmost property line. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceed with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BD-PL20230008895 to allow for the construction of the proposed dock facility as depicted within the plans contained in Attachments A and B, subject to the following: 1. Approval is predicated upon the approval of the companion Variance, VA- PL20230012485. Attachments: A. Survey and Site Plan with Proposed Improvements B. Proposed Dock Plan C. Dock Cross Section D. Applicant’s Backup, application and supporting documents E. Public Hearing Sign posting F. Letter of No Objection Page 336 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAH1 of 2GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDABOUNDARY AND TOPOGRAPHIC SURVEYSECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-BSIPROPERTY DESCRIPTIONNOTES:LEGENDBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'CURVE TABLEC 1 GULF SHORE DRPage 337 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAHGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDASECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-PP DOCKPROPERTY DESCRIPTIONNOTES:LEGENDCURVE TABLEGULF SHORE DR2 of 2SITE PLAN w/ PROPOSED IMPROVEMENTSBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'C 1 GULF SHORE DRPage 338 of 528 NORTHEAST RIPARIAN LINE16'-4"SOUTHWEST RIPARIAN LINE8'-1"3'-0"4'-0"16'-0"14'-0"52'-0"6A18'-6"11'-6"6'-6"11'-11"45'-0"13'-9"PROPOSEDLIFTPROPOSEDLIFTPROPOSEDWOOD DOCK45'-11"PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588PROPOSED DOCK PLANA3/32" = 1'-0"3/4NOTES:Page 339 of 528 52'-0" (DOCK)MHWL ~ 0.61'MLWL ~ 0.13'31'-6" (WATER DEPTH)6.93'4.43'10'-6" (WATER DEPTH)PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588SECTIONA3/16" = 1'-0"4/4NOTES:Page 340 of 528 County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239} 252-1036 I 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): ------------------------------ Name of Applicant if different than owner: ________________________ _ Address: ______________ _ City-'-: __________ State: __ ZIP: __ _ Telephone: _______________ _ Cell: ________________ _ E-Mail Address:---------------------------------- Name of Agent: ---------------------------------- Firm:-------------------------------------- Address: City: State: -------------------------- Telephone: ----------------Cell: ZIP: --- E-Mail Address: _________________________________ _ PROPERTY LOCATION Section/Township/Range:---/--/--Property I.D. Number: _____________ _ Subdivision: _____________________ Unit:Lot: Block:--- Address/ General Location of Subject Property: Current Zoning and Land use of Subject Property: 03/2023 Page 1 of 7 x x JAMES CERKLESKI TRUST 103 Bayview Ave Naples Naples Fl Fl 34108 341043710 Prospect Ave Mark Oreus Greg Orick II Marine Construction Inc 239-949-5588 permits@orickmarine.com permits@orickmarine.com 239-949-5588 29 48 25 27530760000 CONNER'S VANDERBILT BCH 1 30 B 10030 Gulf Shore Dr, Naples Fl, 34108 0 - VACANT RESIDENTIAL x Page 341 of 528 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I 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 s E w SITE INFORMATION 1.Water Width:___ ft. Measurement from: D plat ___ ft. other {specify) 2.Total Property Water Frontage: 3.Setbacks:Provided: Required: ft. ft. ft. 4.Total Protrusion of Proposed Facility into Water: 5.Number and Lengths of Vessels to Use Facitlity: 1. 2. ___ ft. ft. --- D survey D visual estimate 6.If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. ___ ft. 7.List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 03/2023 Page 2 of 7 RSF-3 RSF-3 RSF-3 1 - SINGLE FAMILY RESIDENTIAL 7 - Miscellaneous Residential 1 - SINGLE FAMILY RESIDENTIAL DESCRIPTION OF PROJECT Narrative description of project {indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): New Dock and Boat Lift to be installed with a 52' protrusion from the MHWL/ Rear Property Line. The protrusion is 10.28% of the 534.8' Total Canal Width. Dock and lifts will be needed to accommodate a 45' Boat and Kayaks. 534.8 x 68 N 16.4, S 8'.1 ---15 52' 45 Max 13' E- 69.2', W- 29.4 164 Bayview Dr - 21', 228 Bayview Dr - 30', 246 Bayview Dr - 21' Page 342 of 528 County - Growth Management Community Development Department 2800 North Horseshoe Dr ive, Naples, Florida 34104 Phone: (239) 252-1036 I 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? ___ Acres 9.Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? D Yes □ No (If yes, please provide copies.) DOCK EXTENSION 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. 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 allow 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.) s.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.) 03/2023 Page 3 of 7 .36 x Page 343 of 528 Growth Management Community Develop ment Depart ment 2800 North Horseshoe Drive, Naples, Flori da 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.collier countyfl.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 determi ning 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 Page 4 of 7 Page 344 of 528 County � - Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ASSOCIATIONS 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: City: State: ZIP: Name of Homeowner/ Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner/ Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner/ Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner/ Civic Association: Mailing Address: City: tate: ___llP: 03/2023 Page 5 of 7 N/A Page 345 of 528 County - Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Pre-Application Meeting and Final Submittal Requirement Checklist for: D Dock ExtensionD 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) lvl Property Ownership Disclosure Form 0 Affidavit of Authorization, signed and notarized 0 Completed Addressing Checklist lvl 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 Gr' □ Chart of site waterway -IF /Jr/.f-J�i.£□ G}- 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 Page 6 of 7 Page 346 of 528 Page 347 of 528 License #C28961 Tuesday, July 2, 2024 Collier County Growth Management Zoning Division 2800 N Horseshoe Dr. Naples, FL 34104 Re: PL20230008895 10030 Gulf Shore Dr (BDE) Project Narrative This project is to request for a 32-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width. Which would allow construction of a boat docking facility that is to house a 45' boat and two 13' PWC protruding a total of 52 feet into a waterway that is 534.8± feet wide, pursuant to LDC Section 5.03.06 located at 10030 Gulf Shore Dr, Naples, Florida 34108. The proposed dock project will require a setback variance to reduce the Southern setback from 15' to 8.1' which has been submitted and found under Planning project PL20230012485. This corner lot property is located on the west side of the Vanderbilt Channel which creates unique challenges as its pie shape restricts the building of a normal compliant dock. The subject property is located within Section 29, Township 48, and Range 25 in Collier County and can be identified by folio #27530760000. The current property is under construction under permit number PRFH20230416818 for a 2-story Single family home. 2815 Bayview Drive, Naples FL 34112 Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com www.orickmarine.com Page 348 of 528 ,. Co ·. · er County �� •• J .,......=-...... Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www .colliercountyfl.gov . •····.•.· .:· \.'.·•··. : C •.· •. : .••••. :'.), .·• ;. ·•·.••. ..... . \ .P�()P.t;t{J"l'/(>.\J\/�ER$:Hlf:>:Dl�C.LQSIJRE_.FOft.lVI.·.· .'.·.•·· · ··•••.·, '.::·;. : ••... •· ;•.·.···· · ·.••······ '. •. •• :: ..•.••. :. : ........... :. This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy., list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: % of Ownership Name and Address JAMES CERKLESKI TRUST See Attached*100 01/2023 Page 1 of 3 Page 349 of 528 •Co · er County ��.•�.ii�� Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www .colliercountyfl.gov d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ----- f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired ______ _ D Leased: Term of lease ______ years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 350 of 528 . ,,Cd ... er County �...,.�_.��I ,..d,...,,.....__ Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2S2-1036 I Email: GMDClientServices@colliercountyfl.gov www .colliercountyfl.gov Date of option: ------------- Date option terminates: _________ , or Anticipated closin g date: _______ _ 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. i· ··• ·• • ••··�� c;�p��·�f)1ii:�(i�� i1ill'��;t eJ·;��ii:t�1 ·��;��i�l;��;j ��;; s�ill :e ;Jl)�,ij�,)�:C; /i·•···· •• :'.; .·•·•·:·:.t i:•·<·. •· :· ••. •·. •G.r-6Wth :,rv,·a�ag�rri _eot..cpm,nu ,9ttyi b:�yeto.prf.i��t .Q�pa-�m -ettt ···r .f3MP:F>orta f :/ : ..• :· ·: •/.··.•·•· ·:, .•. · .•.··. · ... , • : • •••• :-•• •• ••••.. • • ·:·. • ·•.•: ••• ••••• '.·., • •• : .•• :. ,:;.,, : ·,\ ••.: ....'{;. :::/\ .. ' ... :; .., ::.>'··• .'.:< .• •·, -:· :.•.:. ·:;.: .. • 7/21/2023 • Date James Cerkleski Agent/Owner Name (please print) 01/2023 Page 3 of 3 Page 351 of 528 License #C28961 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com Property Owner Disclosure Form Extended Beneficiary The following individuals who are listed, are those who are beneficiaries on the following Declaration of trust: JAMES CERKLESKI TRUST • JAMES CERKLESKI • SHERYL CERKLESKI • KELSEY MARIE CERKLESKI • BRYCE JAMES CERKLESKI • YOLANDA CERKLESKI • RICHARD F. CERKLESKI • ROBERT F. CERKLESKI Page 352 of 528 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) _P_L2_02_3_00_12_4a_s ______________________ _ I, JAMES CERKLESKI (print name), as Owner (title, if applicable) of JAMES CERKLESKI TRUST (company, l�licable), swear or affirm under oath, that I am the (choose one) ownerwapplicantOcontract purchaseruand that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2.All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions andrestrictions imposed by the approved action.5.We/I authorize Greg Orick II Manne Construction Inc to act as our/my representativein any matters regarding this petition including 1 through 2 above. •ff the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. n •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. STATE OF FLORIDA COUNTY OF COLLIER 7/21/2023 Date The foregoing instrument was acknowleged before me by means of t:E)physical presence or Donline notarization this _2,_ day of July , 20�. by (printed name of owner or qualifier) _J_am_e_s_ce_r1<_1es_k_1 _________ _ Such person(s) Notary Public must check applicable box: CT Are personally known to meD Has produced a current drivers license ______ _ D Has produced --�------as identification. Nota,ys;goalu,ec � � CP\08-COA-00115\155 REV 3/4/2020 .•····:;;:••,,, MAKERBY OREUS/�:.r-�"'ii.f\ MY COMMISSION# HH 182779 \!;.�.;} EXPIRES: October 6, 2025·--�fo, F'-?f/. Bo� 'Thru Nolaly Public Undelwrilerl, ....... , PL20230012485 Page 353 of 528 534.8' MHWL TO MHWLPROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.55882024.07.081/2NOTES:(A)ALL IDEAS, DESIGNS, ARRANGEMENTS,CONCEPTS, PLANS, AND ANY CREATIVEDERIVATIVES THEREIN, INDICATED ORREPRESENTED BY THESE DRAWINGS, AREOWNED BY AND REMAIN THE SOLEPROPERTY OF GREG ORICK MARINECONSTRUCTION II AND ITS SUBSIDIARIES,AND WERE CREATED, EVOLVED, ANDDEVELOPED FOR USE ON, AND INCONNECTION WITH THE SPECIFIEDPROJECT; NO PERMISSION FOR USE ORTRANSFER OF OWNERSHIP IS INFERREDWITH OR WITHOUT MUNICIPAL APPROVAL,OR WITHOUT CONTRACTUAL AGREEMENT.Page 354 of 528 BAY VIEW AVENUECONNER'S VANDERBILT BCH EST REPLATPART OF UNIT 1 BLK B LOT #30R3-12GULF SHO R E D R I V E SOUTHWEST PROPERTY LINENORT HE AST P R O PE RTY LI NE VANDERBILTLAGOON119'-0"77.64'167.95'144.75'67.5'69.2'29.4'NORTHEAST RIPARIANPERPENDICULAR TO CHANNEL THREADSOUTHEAST RIPARIANPERPENDICULAR TO CHANNEL THREAD534.8' MHWL TO MHWLBOATLIFTWOODDOCKEXISTINGSEAWALLEXISTINGSEAWALLLOT #29LOT #31CHANNEL THREADSITE PLANA1/32" = 1'-0"2/2NOTES:PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.55882024.07.08Page 355 of 528 NORTHEAST RIPARIAN LINE16'-4"SOUTHWEST RIPARIAN LINE8'-1"3'-0"4'-0"16'-0"14'-0"52'-0"6A18'-6"11'-6"6'-6"11'-11"45'-0"13'-9"PROPOSEDLIFTPROPOSEDLIFTPROPOSEDWOOD DOCK45'-11"PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588PROPOSED DOCK PLANA3/32" = 1'-0"3/4NOTES:Page 356 of 528 52'-0" (DOCK)MHWL ~ 0.61'MLWL ~ 0.13'31'-6" (WATER DEPTH)6.93'4.43'10'-6" (WATER DEPTH)PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:JIM CERKLESKI10030 GULF SHORE DR.NAPLES 341082024.02.083710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588SECTIONA3/16" = 1'-0"4/4NOTES:Page 357 of 528 Primary Criteria 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.) Response: Criteria Met: The upland property is a Vacant Residential zoned lot that per the LDC is allowed two boat slips. Proposed dock consists of 2 slips with a lift in each, which is appropriate for a single- family dwelling. We are requesting a 32-foot extension from the allowed 20-foot protrusion, for a total 52-foot protrusion. 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.) Response: Criteria Met: Without the boat dock extension, a vessel would not be able to be moored or launched while at MLWL due to the water depth within a 20’ protrusion of the MHWL/ property line, as shown in the bathymetric survey and cross section drawing. Page 358 of 528 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.) Response: Criteria Met: Proposed dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock and lifts have been designed not to impede navigation and its protrusion is consistent with the neighboring docks along the shoreline 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.) Response: Criteria Met: The water way width is 534.8’ and the proposed dock facility protrudes a total of 52' from MHWL, which is 10.28% of the water-way width. Thus, the dock facility does not protrude more than 25% of water-way width and maintains more than 50% of navigable water-way width. 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.) Response: Criteria Met: The proposed dock location and design will not impact or interfere with the use of any neighboring docks. The nearest existing neighboring dock is approximately 29.4’ from proposed dock. Page 359 of 528 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.) Response: Criteria Met - Shoreline configuration only allows a boat to be lifted from a perpendicular position relative to shoreline. The dock is proposed to allow a 45’ boat into the slip, perpendicular to shoreline, thus already extending past the 20’ maximum. Also, due to the Pie Shaped shoreline configuration and presence of existing neighboring docks, a 45' boat can only Dock Safely perpendicular to the shoreline. 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.) Response: Criteria Met - The design of the proposed boat dock is for recreational vessels to be maintained safely without incidence. No excessive deck area is being proposed, as shown in the site plan. 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.) Page 360 of 528 Response: Criteria Not Met - Vessel LOA combined is 71' feet (1 ea. 45’ long Boat & 2 ea. 13’ long PWC), which is more than 50 percent of the linear water frontage, being 68' long. 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.) Response: Proposed dock facility will not have an impact on waterfront view of neighboring properties and will be consistent with existing dock facilities along shoreline as shown in the aerial drawing. The proposed dock facility is within the property’s riparian lines and will not impact the view of the neighboring waterfront property owners. 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.) Response: There are no seagrass beds located near proposed dock facility as shown in the results of submerged resource survey conducted by Turrell, Hall & Associates and provided for review. 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.) Response: This is a single family proposed dock with two vessel mooring areas with lifts and is not subject to the requirements of the Manatee Protection Plan as stated in the above referenced code of 5.03.06 E.11. Page 361 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAH1 of 2GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDABOUNDARY AND TOPOGRAPHIC SURVEYSECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-BSIPROPERTY DESCRIPTIONNOTES:LEGENDBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'CURVE TABLEC 1 GULF SHORE DRPage 362 of 528 DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:6 JANUARY 20221" = 30'ORICKTJDAHGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.438010030 GULF SHORE DRNAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDASECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213-PP DOCKPROPERTY DESCRIPTIONNOTES:LEGENDCURVE TABLEGULF SHORE DR2 of 2SITE PLAN w/ PROPOSED IMPROVEMENTSBAY VIEW AVENUEVANDERBILTLAGOONS 40°12'38" E144.75'N 79°30'06" E119.00'N 11°18'54" W77.64'N 67°15'22" W167.95'C 1 GULF SHORE DRPage 363 of 528 10030 Gulf Shore Dr. NAPLES, FL 34108 FOLIO #27530760000 SUBMERGED RESOURCE SURVEY REPORT APRIL 2023 PREPARED BY: Page 364 of 528 Table of Contents 1 Introduction ........................................................................................................................................ 1 2 Objective ............................................................................................................................................. 2 3 Methodology ...................................................................................................................................... 3 4 Results ................................................................................................................................................. 4 5 Conclusion .......................................................................................................................................... 5 6 Photos .................................................................................................................................................. 6 Page 365 of 528 1 10030 Gulf Shore Dr. Submerged Resource Survey April 2023 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at a property addressed as 10030 Gulf Shore Dr. in Naples, FL 34108 that can be identified by folio #27530760000. 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 0.36-acre parcel that can be found in Vanderbilt along Vanderbilt Lagoon that connects to the Gulf of Mexico through Wiggins Pass. The parcel currently is a vacant lot containing two jet-ski floats. The property is neighbored to the east by a single-family residence, to the west by Gulf Shore Dr., to the north by Bayview Ave., and to the south by submerged bottomlands. The SRS was conducted on April 7, 2023, between approximately 9:30 a.m. and 10:15 a.m. Site conditions consisted of mostly sunny skies with a moderate breeze. Water clarity was fair/good which allowed approximately 12-18 inches of visibility. The ambient air temperature was approximately 78 degrees Fahrenheit and wind speeds averaged 10-15 mph from the southeast. A low tide occurred before the site visit at approximately 8:41 a.m. and reached approximately 0.5 feet above the Mean Low Water Mark. High tide was achieved after the site visit at approximately 2:00 p.m., reaching approximately 2.2 feet above the Mean Low Water Mark. Page 366 of 528 2 10030 Gulf Shore Dr. Submerged Resource Survey April 2023 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed docking facility expansion. 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. Page 367 of 528 3 10030 Gulf Shore Dr. Submerged Resource Survey April 2023 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline for the proposed dock installation but also the area within 200 ft. of the proposed site. 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 percentage 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, 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 shore 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. Page 368 of 528 4 10030 Gulf Shore Dr. Submerged Resource Survey April 2023 4 RESULTS The substrate found within the surveyed area consists of silty sand material with minimal shell debris. Depths were consistent extending throughout the entire surveyed area which was 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 Striped Mullet Mugil cephalus Sheepshead Archosargus probatocephalus Gray Snapper Lutjanus griseus Page 369 of 528 5 10030 Gulf Shore Dr. Submerged Resource Survey April 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 little to no barnacle or oyster growth due to it being newly constructed. There were no seagrasses or other resources that were observed anywhere within the vicinity of the project site. Accordingly, negative impacts to any submerged resources are expected as a result of the proposed project. Page 370 of 528 6 10030 Gulf Shore Dr. Submerged Resource Survey April 2023 6 PHOTOS Photo 1: Vacant upland property – Looking SE Photo 2: Existing Seawall shoreline. Page 371 of 528 7 10030 Gulf Shore Dr. Submerged Resource Survey April 2023 Photo 3: Typical muck/silt bottom sediment Page 372 of 528 NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\23002.00 10030 Gulf Shore Dr\CAD\EXHIBIT\23002-SRS.dwg SUBMERGED RESOURCE SURVEY 4/18/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-18-2323002-292510030 GULF SHORE DRSUBMERGED RESOURCE SURVEY48-------------------01 OF 01TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT10'2 0 0 '200'SITE ADDRESS:,10030 GULF SHORE DRNAPLESFL34108Page 373 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides 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 NOT 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. Backup provided by Applicant: 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. _ X__ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control _ X__ Affidavit of Representation Authorization _ 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 Agent Letter Pkg. ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _ X__ Deviation Justifications Page 374 of 528 Page 375 of 528 Page 376 of 528 1 John Kelly From:Craig Collard <cacollard@outlook.com> Sent:Tuesday, September 24, 2024 9:59 AM To:John Kelly Cc:jim.cerkleski@cloverimaging.com Subject:Letter of No Objection 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. Subject: [EXTERNAL] * VA-PL20230012485 (Variance) and BD-PL20230008895 (Boat Dock Extension) for 10030 Gulf Shore Dr * VA-PL20240008508 (Variance) and BD-PL20240008508 (Boat Dock Extension and Boathouse) for 9990 Gulf Shore Dr * VA-PL20230012485 (Variance) and BD-PL20230008895 (Boat Dock Extension) for 10030 Gulf Shore Dr * VA-PL20240008508 (Variance) and BD-PL20240008508 (Boat Dock Extension and Boathouse) for 9990 Gulf Shore Dr Good Morning Hearing Examiner, This letter is to advise that I have viewed the plans for the proposed improvements and have no objections to the proposed Boat Dock Extension, Boathouse and /or variance for the above listed addresses. We look forward to getting this all completed and get the project started. Thank you for your assistance with this matter. Sincerely, Craig Collard 9990 Gulf Shore Drive Naples, Florida 34108 Page 377 of 528 11/14/2024 Item # 3.G ID# 2024-1883 Petition No. VA-PL20240004206 – 267 3rd Street W - A variance to reduce the minimum side yard riparian setbacks from 7.5 feet to 0 feet on both side yards for a proposed dock facility within a Residential Single-Family-4 (RSF-4) zoning district. The subject property is located described as Lot 3, Block G, Little Hickory Shores, Unit 3 Replat subdivision. (Companion to PL20230018267) [Coordinator: John Kelly] (Commissioner District 2) ATTACHMENTS: 1. Staff Report VA-PL20240004206 10252024 2. Attachment A - Dock Facility Plans 3. Attachment B - Map of Boundary Survey 3-19-24 4. Attachment C - Resolution 1987-260 5. Attachment D - Resolution 2000-051 6. Attachment E - Zoning Atlas 8505n 7. Attachment F - Applicant's Backup - Application, Narrative, Authorization, etc 8. Attachment G - Sign Posting - 10-30-2024 at 1430 Page 378 of 528 VA-PL20240004206; 267 3rd St W – Lot 3 Page 1 of 7 October 25, 2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 14, 2024 SUBJECT: VA-PL20240004206; 267 3RD STREET WEST – BENSON VARIANCE, COMPANION TO BD-PL20230018267 _____________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Benson FL RE LLC Nick Pearson 8419 Owl Ct. Bayshore Marine Consulting, LLC Village of Lakeview, IL 60014 2025 Monroe Ave. Naples, FL 34112 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider a variance from Section 5.03.06.E.6 of the Collier County Land Development Code (LDC) to reduce the minimum side yard riparian setbacks for dock facilities on lots with less than 60 feet of water frontage from 7.5 feet to 0 (zero) feet on both sides for a new dock facility with two slips, subject to the approval of a companion Boat Dock Extension petition, for a lot with 32± feet of water frontage. GEOGRAPHIC LOCATION: The subject property is located at 267 3rd Street West and is legally described as Lot 3, Block G, Replat of Little Hickory Shores Unit 3, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is a 0.03-acre parcel located within a Residential Single Family-4 (RSF-4) zoning district, commonly referred to as a “boat dock lot.” The parcel is too small to accommodate the minimum square-foot requirement for a building (single-family dwelling) and the setback requirements of the zoning district as was acknowledged by the Board of County Commissioners when they approved a Provisional Use permitting docks without a principal use on property described as: “Lots 1 through 23, Block G, Little Hickory Shores, Unit #3, as recorded in Plat Book 6, Page 2, Official Records of Collier County, Florida.” See Resolution No. 1987-260, related to Petition No. PU-87-17C, attached. With respect to the required side yard/riparian setbacks, staff notes that Resolution No. 2000-51, relating to Petition No. V-99-26, (Continued on Page 4) Page 379 of 528 VA-PL20240004206; 267 3rd St W – Lot 3 Page 2 of 7 October 25, 2024 Page 380 of 528 VA-PL20240004206; 267 3rd St W – Lot 3 Page 3 of 7 October 25, 2024 SURROUNDING LAND USE AND ZONING: North: Little Hickory Bay then a preserve for Little Hickory Bay Condominium located within the Little Hickory Bay PUD South: 3rd Street West (Right-of-Way) then a boat launch area in a RSF-4 zoning district East: Boat dock facility in a Residential Single-Family-4 (RSF-4) zoning district West: Boat dock facility in a Residential Single-Family-4 (RSF-4) zoning district Collier County GIS Page 381 of 528 VA-PL20240004206; 267 3rd St W – Lot 3 Page 4 of 7 October 25, 2024 PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1) was approved to allow many of the subject “boat dock lots” to enjoy a zero-foot setback. Said resolution allows for a zero-foot setback for 11 of the 23 previously described boat dock lots and for 8 of 11 “boat dock lots” located across 3rd Street West in Block H of the same subdivision or 19 of 34, the majority of “boat dock lots” within this subdivision. By appearances, the petitioner of the subject Variance request could have joined the prior zoning action had they owned the property at the time. Said Variance was approved by the Board of Zoning Appeals on February 8, 2000, with the following conditions: 1. These docks are private in nature and shall not be used for rental purposes; and 2. These docks shall not be used for any commercial purposes, including mooring commercial boats. Since the adoption of Resolution 2000-51, four additional variances have been approved within Block G to reduce the side yard/riparian setbacks to zero or near zero, each with similar conditions; said properties are identified as Lots 3, 8, 13, and 21. The existing dock facility required both BD (PL20180003700) and VA (PL20170001588) approvals, Hearing Examiner Decisions 2020-02 and 2020-03, respectively, to allow a protrusion of 33.14 feet and side setbacks of 0.27 feet on the east and 1.24 feet on the west. Since that time, the property has sold, and the new owner desires to reconfigure the existing dock facility by removing the existing finger pier and replacing it with a new one measuring 4-foot wide by 41- foot long to accommodate two boat lifts, one for a 27-foot vessel and the other a 38-foot vessel, which will require the subject VA to reduce the side/riparian setback to 0 (zero) on both sides. Said reduction is consistent with other boat dock lots in the immediate vicinity as per the aforementioned variance (VA-99-26). The new or rebuilt dock facility will also require a companion BD, PL20230018267, to allow the protrusion to be increased to 46 feet as measured from the MHWL. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban Mixed-Use District, Urban Residential Subdistrict and is seaward of the Coastal High Hazard Area Boundary on the County’s Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. The existing single- family use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. ZONING ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A–H (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: Page 382 of 528 VA-PL20240004206; 267 3rd St W – Lot 3 Page 5 of 7 October 25, 2024 a. Are there special conditions and circumstances existing that are peculiar to the location, size, and characteristics of the land, structure, or building involved? Yes. The subject property is legally nonconforming with respect to the required lot area and width and is not capable of supporting any listed permitted use within the RSF-4 zoning area in which it is located. Given these circumstances, the subject property is one of 23 for which a Provisional Use (now known as a Conditional Use) was granted in 1987 to allow such properties to be used for “non-commercial boat launching facilities.” Additionally, there is a limited amount of shoreline which results in a narrow riparian area further constricted by neighboring dock facilities that limit the direction and orientation of any dock facility at this location. Most, if not all, of the docking facilities along the subject shoreline have or will require a BDE and Variance to be code-compliant. b. Are there special conditions and circumstances that do not result from the action of the applicant, such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes. The property’s natural shoreline and length require additional protrusion due to the narrow riparian lines, which results in docks along this shoreline requiring a variance from riparian setbacks to comply with current regulations. The proposed dock facility will be consistent with other boat dock lots in the area that were previously granted a variance (Resolution 00-51). c. Will a literal interpretation of the provisions of this zoning code work unnecessarily cause undue hardship for the applicant or create practical difficulties for the applicant? The applicant’s agent states: “Yes, denial of a side setback variance for this property would severely limit the buildability and use of the lot, particularly in comparison to the nearby boat dock lots.” Staff agrees that denial of this petition would create practical difficulties for the applicant. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The applicant’s agent states: “The applicant is proposing to only utilize the space within their riparian area and is proposing the same side setbacks as many of the nearby boat slip lots. And it is our opinion that a side setback variance of 0’ is reasonable for the circumstances.” Staff concurs. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. As such, other properties facing a similar hardship Page 383 of 528 VA-PL20240004206; 267 3rd St W – Lot 3 Page 6 of 7 October 25, 2024 would be entitled to make a similar request and would be conferred equal consideration on a case-by-case basis. f. Will granting the Variance be in harmony with this Land Development Code's general intent and purpose and not be injurious to the neighborhood or otherwise detrimental to the public welfare? Yes, the applicant’s agent states: “The dock facility code as outlined in Chapter 5.03.06A. states that: “Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners.” The dock design as proposed (a 4’ x 41’ finger pier) is too narrow to provide any other function but to access and maintain the vessels that will be on the attached boat lifts. The project will leave 87’ of space (more than 50% of the waterway width) for navigation, which is ample for public use and should not impact the neighbors’ views as the dock will be located between two similar dock facilities. Neither should the dock impact submerged resources and, by extension, manatees. Considering that the project as proposed is consistent with the general area’s uses and other docks in the vicinity, our opinion is that the proposed dock is in harmony with the intent and purpose of the zoning code.” Staff concurs. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.? Yes, the applicant’s agent states: “The area which the proposed structures would cover per this variance petition consists of the surface waters of a tidally connected waterway. Construction within the riparian lines, as proposed, will have no effect on the water and has been designed to be compliant with the applicable state and federal restrictions for this location. The proposed project will not proceed without state and federal approvals from the Florida Department of Environmental Protection and U.S. Army Corps of Engineers.” Staff concurs. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions, and it did not hear this petition since the subject variance doesn’t impact any preserve area. Page 384 of 528 VA-PL20240004206; 267 3rd St W – Lot 3 Page 7 of 7 October 25, 2024 CONCURRENT LAND USE APPLICATIONS: Companion Petition No. BD- PL20230018267, to allow the proposed boat dock facility to protrude a total of 46 feet into a waterway that is 133± feet wide. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner APPROVE Petition VA- PL20240004206 to reduce the minimum side/riparian setback from 7.5 feet to 0 (zero) on both sides, as depicted within both the “Proposed Dock” and “Alternate Design” plans contained within Attachment A, subject to the following conditions that were stipulated within Resolution No. 2000-51: 1. This dock is private in nature and shall not be used for rental purposes; and 2. This dock shall not be used for any commercial purposes, including mooring commercial boats. Attachments: A. Dock Facility Plans B. Map of Boundary Survey C. Resolution 1987-260 D. Resolution 2000-51 E. Zoning Atlas F. Applicant’s Backup: Application, Narrative, Authorizations, etc. G. Posting of Public Hearing Sign Page 385 of 528 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 26.327111LONGITUDE:W -81.8311311SITE ADDRESS:267 3RD ST. W. UNIT 3BONITA SPRINGS, FL 34134CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsV3.dwg LOCATION MAP 9/18/2024SHEET NO.:01 OF 05LOCATION MAPBENSON DOCK2306409-18-24N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:56000760006SECTION:05TOWNSHIP:48 SCOUNTY:COLLIERRANGE:25 ECITY OF BONITA SPRINGSCOLLIER COUNTYPage 386 of 528 PROPERTYBOUNDARYEXISTINGSEAWALLSCALE IN FEET4020100CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsEXISTING CONDITIONSSHEET NO.:NESW·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·EXISTING PROTRUSION FROM MHWL:31'133'20832-0.02'-0.58'SITE ADDRESS:,MHWLRIPARIANLINES3RD ST. W.NEIGHBORINGDOCK FACILITIESEXISTINGSEAWALL32'52'36'35'32'4'31'25'4'STANDARD 20-FT.PROTRUSION LIMIT26'23'EXISTINGDOCK ANDBOATLIFTN.S.P.09-18-242306402 OF 05BENSON DOCKEXISTING CONDITIONSFL34134BONITA SPRINGS267 3RD ST. W. UNIT 34' EXISTINGSIDE SETBACK2.5' EXISTINGSIDE SETBACK3'7.5'7.5'7.5' RIPARIANSETBACKSNEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 387 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibits V3.dwgSCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsPROPOSED DOCKSHEET NO.:NESWPROPOSED PROJECTBENSON DOCK03 OF 052306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINESTANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'38'27'14'12'4'25'41'DEPTHSAT MHWLPROPOSED0' SIDESETBACKPROPOSED0' SIDESETBACKPage 388 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibits V3.dwgSCALE IN FEET16080400CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsADJACENT DOCKSSHEET NO.:NESWADJACENT DOCKSBENSON DOCK04 OF 052306409-18-24N.S.P.DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORPROPOSEDDOCK38'46'36'41'48'56'46'48'50'NEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 389 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-BDE-exhibits-AlternateSCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance2024\Benson-BDE-exhibits-Alternate 9-18-2024.dwgPROPOSED DOCKSHEET NO.:NESWPROPOSED ALTERNATIVE DESIGNBENSON DOCK05 OF 052306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINESTANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'27'38'12'12'4'25'41'DEPTHSAT MHWL0' SIDESETBACK0' SIDESETBACKPage 390 of 528 HO.f'-4'.S:· 1. THIS SKETr:H DOES NOT REFLECT CIR 0£1ERMINE OIINERSHIP. 2. DESCRIP"ON AS Fl/RNISHED BY a.tENT. NO SEARCH <T THE PU8L/C HECmDS WAS CONDUCTED BY THIS FTRM. .I BEARINGS ARE BASED ON .CUT CIR DEED. -1. THERE ARF NO 'ASIBLE ENCROACHIIENTS THAN AS SHOIIN. 5. THERE AIAY BE OTHER EASEMENTS NOT SHOIIN HEREa-1 RECORDED IN THE PUBLJC HECmDS <T THE GOIIERNING COUNTY. 6. NO 0£1ERMINA "ON <T HAZARDOtlS WAS1E' AIA TERfALS HAS BEEN A/AD£ BY THIS FIRM. 7. LOCA 110N <T IJND£RGROIJNO U"U11£S CIR S1RIJC11/R£S NOT SHOIIN UNLESS OTHER/115£ NOTED. 8. stGNm UAIITS UABILJTY OHL Y UP TrJ THE COST <T 5VRl£Y. 9. THIS SURIEY IS PROTECTED BY ca>'YRIGHT ANO ALL RIGHTS ARE RESER',ED. 10. SURl£Y WAS BASED ON /NFrJRMATTON PR0'Al)£J} BY CUENT ANO EXISTING Al(N(UAIENTA "ON. 11. ADDmONS CIR OEL£T10NS TrJ 5VRl£Y AIAPS CIR REPORTS BY OTHER THAN THE SIGNING PARTY CIR PAH"ES IS PROHIBITED tllTHOUT #RITTEN CONSENT <T THE SIGNING PARTY CIR PAHTTES. 12. THE FEMA Fl.000 ZONE INFmMATTON INDICATED HEREa-1 IS BASED ON AIAPS SlJPPLl£D BY THE FEDERAL GOI/EHNAIENT. THIS Fl.000 /NFC/RAIA 110N Ill/ST BE IIERIF1£0 BY ANOTHER SOtlHC£. 1.I PAHCEJ.. CONTAINS 1,4JIJ SQIJARE FCET, PLUS CIR Al/MIS. 1-1. ELEVA "ONS AS SHOIIN ARE BASED ON N.A. V.D. 1988 DATl/AI UNLESS 01HERIIIS£ STATED. M'GIHD.· {A) -ARC LENGTH A. C -AIR COND/710NER B.aB. -BASIS OF BEARINGS @ -CABLE TV {C) -CALCllLA TED CB. -CATCH BASIN CB -CHORD BEARING CH -CHORD DISTANCE ■ -CONC MONUMENT {D) -DEED D.P.11.£. -DRAINAGE AND PUBLIC UTlLITY EASEMENT e -SPKD -SET MAG NAIL AND DISC LB8,f.27 EL -£l£VA 710N £P -EDGE OF PA 1/EMENT F.H. -RR£ HYDRANT FND. -FOUND N LR. -IRON ROD o {M) -M£ASIJR£D ~ M.£. -MA/NlENANCE EASEMENT co 0 -FPKD -FOUND NAIL AND DISC {NUMBER) '- N.A. V.D. -NORTH AMERICAN VERTlCAL DA TUM {1988) :g N. T.S. -NOT TO SCALE -'\r {NR) -NOT RADIAL aR. -OFFICIAL RECORD {P) -PLAT P.B. -PLAT BOOK P.C -POINT OF CURVATURE P.CC -POINT OF COMPOUND Cl/RVATUR£ Is P.CP. -PERMANENT CONTl?OL POINT P.l -POINT OF INTERSECT PG. -PAGE P.O.8. -POINT OF BEGINNING P.ac -POINT OF COMMENC£MENT PP -PO/IER POL£ P.R.C -POINT OF REVERS£ Cl/RVA TUR£ P.R.M. -PERMANENT REFERENCE MONUMENT P. T. -POINT OF TANGENCY P.11.£. -PUBLIC UTlLITY EASEMENT R -RADIUS {R) -RADIAL RNG. -RANG£ R/W -RIGHT OF WAY SEC -S£C710N SIRC -SET 1/2. IRON ROD LB8,f.27 (l) -TELEPHONE BOX THP. -TOWNSHIP II.£. -UTlLITY EASEMENT UTS -UNITED T£L£PHON£ SERVICE 11.P. -UTlLITY PEDESTAL M -WV -WATER VALV£ D -WATER METER t:.. -DELTA ANGLE 0 -RR£ HYDRANT _j._ -CEN7ERLIN£ ------,_---twR£ FENCE -ff--ltVOO FENCE -<JHU--OVERHEAD twRES ~ -CONCR£7E PAD ~~ -£XIS71NG £LEVA 710N LOT 3, BLOCK G, REPLA T OF UNIT NO. 3, LITTLE HICKORY SHORES PLAT BOOK 6, PAGE 2 SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SAFE UPLAND LINE NOTE SAFE UPLAND LIN£ £LEVA TTON = +0.50' NA ~88. £LEVA TTON PROVIDED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTTON MEAN HIGHA,ow WATER UNE NOTE MEAN HIGH WATER LIN£ £L£VATTON = -0.02' NA~BB MEAN LOW WATER UN£ £LEVA TTON = -0.58' NA ~88 MEAN LOWER LOW WATER LIN£ £LEVA TTON = -0. 70' NA ~88 £LEVA TTON PROVIDED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTTON 0 10 20 I ■■ I I SCALE:1"=20' CERT/RED TO.· NICK PEARSON LEGAL DESCRIPTION; 40 I TOP OF WAJER TOP OF WATER £LEVATTON = 0.81' (AT TTM£ OF SURVEY) BENCHMARK NOTE NA ~88 £LEVA TTONS BASED ON L££ COUNTY B.M./Y 718 £LEV= 4.48' NA~BB 267 .1RD STREET #EST, BONITA SPRINGS, FLORIDA .HI.H Lot ~ Block ~ Of That Certain Subdivision Known As Rep/at Of Little Hickory Shores, Unit No.3 According To The Map Or Plat Tht1rt1of On FIie And Recorded In The Office Of The Clerk Of The Circuit Court, Of Collier COUNTY, Florida In Plat Book 6, Page 2. 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(.)ii:: c:: (lj () _g .!,! ~C/J~~:.?:o ~ 1i'2!Q):!:::8 ::s~~iirn~ ~--se .... ,.-l:: ~!.iE.J,~~I:::: ~ Q.:0~~ :<e;q:ll'lll..(/)C) ~ iii§[;j :::e Iii R: Q ;i:.?: (!) ~~ C/) I£! l.,J :i -(/j O 0 ~l,Ji:!:ll..;;;!c::ii:::i~· ~ .?:~ ~~"'( ~~(j!.iE~~ !1::t::J~"'(ii:~ :;:s :::e C) (/j (/JQ~C/) CJ i,_)...ls!-i:i;.: :-1::1:: O's;!liC<,l,J ;r: !!§ Is! Vii:!: t; z ~(/j!l::&l)...L,._ :"( ... \:c!c::i ::::1011: -~ (ij~<::i~~~ ~ !Qlri~~.J, "'( ► ~ i,!:~-.JOll'lC ... ;:j ~ I!: R:.?: Is! :"(~~f.31:!:!:...: w ~ i!:c::iliji.iJll..'s;! !,,.j :g c~~!!2~!!5 w> ~ i:::~c~c.:iV) ~ ~ ~ ll:ii:::iR:1.u::.:!!1 I-~ ~ ~ " G~.,,_~"'i,!: a: "(Ill'~~ :,.. O<.:,Vl~:;;:: -fll~c::i C C5 ~~~~ e5i.:0::Q~)... ..I ::::, :::i; (j ::i:::,..ti!!l~i:ij i;::; ... § _:::i;ltli:!:C/JO:: ~ ls "-WU, i.;: cc ~ "II I ~ /. ·' I -~ ~ "II . ' "• ,. • " ~ r:::: ~ ~ Q:: )....~ C ~~ ~ ll::: ~ ~fb s. 0) (.)c:::i C) ;i: Q ~ 0.: ~ C) ~c:::i C c:::i ~ .. ~ ~ ~ C) (!) ~ C (\,j 0) c§ C)~ 0) 0) ~ ~ ~ II ~ ~~ c:::i C) "~ ~ c:i --:i II ~ -~~ -~~ ).... C) ~ ~ ~ ~ )....~ ~ ).... ~ -Q:: •• ;i:: Ill ~Q Cl) (j i '") ~~ :l:: li.J i:..: c:::i -.J ~ ttl :::::5 :s ~ ~ ~ ~ g~ -~ ~ (j Q (/) ~ Page 391 of 528 Ini), HHl ' ~;j OCTOBER 27, 1987 Ite.'7Bl USOLU'1'IOlf 87-210, PBTITIOlf 110-87-17C, COJOl1l1fITY DIVBLOPHBlCT DIVISIOII UQt1BSTIBCJ .ROVISIOlfAL UBI "1\" OP m1I asP-4 DISTRICT POR MOlf-COHKIRCIAL BOAT LAUHCRI}~ PACILITIES - ADOPTED Planner Weeks stated the property is located approximately 1/4 mile south of Bonita Beach Road, and 3/4 mile ~eBt of Vanderbilt Drive in the Littl., Hickory Shores Subdivision. He stated that the Board directed staff to initiate a Provisional Use for this property beca- use of the small lot size which cannot be used for a principal struc- ture. He said it appears that these lots were intended for boat' " dock lots, however, that is not indicated on the plat. Mr. Weeks stated the rr,PC has reviewed this petition and forwarded it with 8'reeommendation of approval. He said correspondence on this petition was received, with six letters in favor and one in oppositiort. He noted the letter of op~osition was due to misinformation and after clarification by Staff, the objection was verbally withdrawn. Staff teeommends approval. In;re.pon.e to Chairman Hasse, planning/Zoning Director McKim stated .the docks are for private use only, however, renting of boat' docks is a problem throughout the County. She explained that Staff only becomes aware of this type of violation if there is a complaint. co..issioner .istor moved, seconded by commissioner Goodnight and oarried unenimously, that Resolution 87-260, .etition 'U-87-17C, for non-co~eroial boat launohing faoillties for property looated approximately 1/4 mile south of Bonite Beaoh Road and 3/4 mil. .est of Vanderbilt Driv., be adopted. n.),; q r'-'1, prr.q -,11'.1J, i; j ~ t I' c:~t!~ !b r Page 392 of 528 RESOLOTIOII 87- ~O OCT 271987 REUTlNG TO PI:TITlON 110. PU-87-17C FOR PROVISIONAL USI! OF PROPERTY IIEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS. tho LoShll.turo of tho St.to of Florido in Ch.ptor 67...1246, Lav. of Florid... and Chapter 125, Florida Statut.., h.. conferred Oft Collier CoUlJty the power to .at.bIt_h, coordinate and. 1'DI!orcI 1001nl and' .uch bu.inl.' rl.ulation. a. ar. uc....ry for thu prot.ction of tha pubU.c; and lREllEAS, Th. CoUDty purauant thlrlto ha. adoptld a eo.pr.han.lv. Zoning Ordinlncl ..tlbU.bins rlsulationa for the zonins of particullr I.llsr.phie divialona of the County. allOnl which 1a the Irautina of prllvi81on.al n.a.; and WHEREAS. the Colli.. County Pl.nnins eo..t..ion, beinl the duly pl,ointod .nd conotitutod platlninl bo.rd for tho .r.. horoby .ffoctld. hall b.ld . pubil.c h....i.n. .ftar Dotic. al in .aid r.gulat10111 ..d. Ind pt'lTf'ld.d. and ba. couaid.r.d the advlubl1ity of Proviliona1 U.. "a" in I lSF-4 zona for the prop4lrty harelnafter de.cribed. and baa found II a uttar of fact (Exhibit "A") tbat satilfaetary prCTf'illan and arrAngement ba. baen ..de eoncernlnl all applicabla ..ttlr. rlquirld by aid ra.ulation. and in 'lccordancl with Section 13 - 1d of thl ZoniDI Rogulation. for tho Collio.. County Pl.nDins eo-i..ionl .nd W'RER.!AS. all intlrllll:ld plrtil. ha". baln si"ln opportunity to be h..rd by thia Bo.rd in public ..otinl ......blod .nd tho Bo.rd ,,"viDl coneidar.d all _tt.r. pre:lantld. NOW, THEREFORE BE IT RESOLVED. BY THE BOARD or ZOlIIRG APPEALS of ColIior County, Florid. th.t tho potition of Co.ouDity Dovolop..nt 01"i.ioo. repra..ntiq tM 50ard 'Jf County Coadaaionerl, rith rllpect to the proparty herlinaftlr d.lcrib.d a.: loti 1 through 23, Block "en. Little Hickory Shore.. Unlt 13. II rlcorded in P~lt Book 6, PI.e 2. Official R.cord. of Collior County 1m lU9 Fl~l 27 Page 393 of 528 I""" 109fl'ot 28 l..'" b. and i:,\ I, OCT 271987 the .... i. hareby approved for Pt'ovl11onal U.. "a" of the ISr-4 lonlna diltrict for Non-t::o...rclal BOlt Lnunchlng Facf lit i.. t aubj.~t to tho follov1ns conditionl' a.At tial of obtaicinl a dock pl.-it, I risht-of-vay porait shall b. obtained Ind the owner ,hall provide Ree... iaprov...ntl to prevlnt daus_ to the rOldway and roadwlY drainlSI laprov...ntl. b. All boat doclta aractad on thl lubjoct lota ..ot cOllply with Section 8.46 of tho Zonins Ordinanco (82-2). BE IT FURTlIEIl RESOLVED that tbia raloluUon bl racordad in tha aioutal of thia acard. eo-i..loner offorad tha forlsoina rOlolutionPlator nd 8OVod itl adoption. ..condod by eoa.iaaionor C"'.nMl"d c:1hfo and upon roll call, the vote va.: AlESI Commissioners Pistor, Goodnight, Glass, Saunders and Hasse NATS I None AIlSEIIT AlID lOT VOTING. Ilone AIlSTEIlTIOII: None Ilcm. tbia 27th OCtober 1987.day of IOAlD or Z0II111G APPEALS COLL~' FLOlIDA" ~ ST. a IlAltA. SIt.J"'~ t\',\o/?la" Attta't, JAII!S"Cl. GILES. CLItRX BY'~-::"""")y~....5 vfr~ Magn, ~ty Clerk APPlllVED AS TO FOIlK A/lD LEGAL ~lJFFICIEJlCYI a ~,*..~ R. IlUCE I OM ASSISTAIIT COU1ITT ATTOlUIET PU-87-I7C ....olution Page 394 of 528 OCT 271987 EXIIIIIIT A FIIIDIlIO OF FACT BT COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-87-17C The followina facti ar. founds 1. Saction 7. I lb. ) ) (.) prntaloGa 1 u... of the Zoning OrdinancI authorized the 2. Grantina the prov1aionaI u.o viII not adv.r..ly affoct tha public inter.at and viII not adyer..ly .ffact othlr property or u... In the .... d1atrict or nailbborhood bICIU.. of: A. Caneral complianc. with the Comprahenlivl Plan: Compll.. with Comprehlnlivl Plan Tn..&.. No_ B. Ingr... and ISr... to prop.rty and propo..d structural thereon with particular raflrlncl to automotive Ind ped.ltri.D ..laty and convlniencl, traffic flow and control. and ace... in c... of fira or cata.trophl: Ad.qu.t~nlr... , aar... T.I -Z::.- Ko_ c. Affectl nlighbor101 proplrtie. in relation to noi.., alarl, economic or odor Iffectl: No .ff.ct or Affoct mitis.tod by Afflct cannot be _itig.ted D. Conaral compatibility vith adjacent proportio. and othor proporty in tho diotrict. Compatiblo uoa vithin diatrict Too ')( No _ I...d on the above flDd1nsa, this provisional use . stipulations, (copy attachld) (.k9~lA Mft~) b. rae DATE. /~/i7 I nID1IIll OF FACT FOIII oo~ JL()l}Pl~[ ~!} Page 395 of 528 13 Al RESOLUTION NO. 2000-2.!.- RELATING TO PETITION NUMBER V-99-26 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7. 5-foot variance from the required side yard setback of 7.5 feet to -0- feet as shown on the attached plot plan, Exhibit "A", in an RSF-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-26 filed by James M. Boswell, II, representing property owners of blocks "G" & "H" Little Hickory Shores Unit 3, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 7.5-foot variance from the required side yard setback of 75 feet to -0- feet as shown on the attached plot plan, Exhibit "Au, of the RSF -4 Zoning District wherein said property is located, subject to the following conditions Exhibit "C" BE IT RESOLVED that this Resolution relating to Petition Number V-99-26 be recorded in the minutes of this Board. 1- Page 396 of 528 This Resolution adopted after motion, second and majority vote. Done this 1S"4:h day of ~ ,2000. ATTEST: . . DWlGBT E. BROCK, Clerk A ,1>'- Attest 4S to Cha!,..n's J8.M.$J!cfts qB \1drrn and Legal Sufficiency: C1JIN'7Yl~ Mar 1 M. Scuden Assistant County Attorney g/adminJ RESOLl.JI10NN -99-26/CB/ts BOARD OF ZONING APPEALS COLLIER OUNTY, FLORIDA 2- 13 Al CHAIRMAN Page 397 of 528 13 Al t7.th1' 5 tU7 {) . l ~ i: f'/(7~'.:' loordnule l 4,.... r::::: 6 3::~ ~. Z. 9 1\ \ I/~ " \;_ 1~ f0o~ r \.. lIfR181 htJf j)~t'" J 3(717)- ~ I TIJII' plg/l III" 8. 5.86 i 7(/ o Cl. u. 0- J!'ppro~e'J- MirJr Ll u 1"#.7..1'1'1 .:1"69 - '-". J~"~~II~" Nn;'~i/>-:-v'/7,1 Aj ?--~ -I '""Q C> c... AI ,1'.7J 'It I~ 1 .. I~, I ~ Q"~<~. 60' I \!PRM l\ i .!l ~ :::"!; t ~,~ l 'f~'" 1. 'i. ~ If j ;"Jd~ C>> tt-- .r~' I:> Q,... C" 7,. J '/J Jr. <j/lG' r.r()/'Iolll o/,~I.1'.:7r~J JQ"'/~J /, Iid~/'II Q/I.7 :.kcre/ory 1// L'JIII/!' I.f ,,/ //tJr/f/t7, /tJmr' j fC"r'f r:kcf. - ',7 '10'1 a.'1 N~ Ie I Ql'ld (J't>~d' <7f lId/II16'Y 171/i'''Cl1 II/en-IV un f' ,.. ./i.1 7<6/ -,.,-,/ d~",dl EXHIBIT A" r-. Page 398 of 528 13 Al LEGAL DESCRIPTION Lots 3,4.5.6,7,8,9,10, Block "H" and Lots 4,5,9,10,11,12,14,17, 18, 19, 20, Block "G" Little Hickory Shores Unit 3, replat, as recorded in Plat Book 6, page 2 of Official Records of Collier County, Florida. EXHIBIT "B" Page 399 of 528 13 At CONDITIONS OF APPROVAL V.99.26 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on January 6, 2000. 1. These docks are private in nature and shall not be used for rental purposes. 2. These docks shall not be used for any commercial purposes including the mooring of commercial boats. EXHIBIT "C" Page 400 of 528 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 48S RNG 25E SEC(S) 5 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION HICKORYLITTLE 1050'S59D27'W PUD 10 THIRD STREET WESTLELYBAREFOOTBEACH N89D44'W-2000.11' PUD18,19,20,21,25,68,82,91,96,107 A 5 8 1400' 9 5 7930"5 6 11,95BD 10 11 12 LITTLE HICKORY BAY N0D36'W-2555.33'2 3 4 1 15 F 13 14 16Pu"a "5 2 4 NON-STSTST PARCEL 5A59.55AC BAY5030,RMF-16 400'260'5 960' 18 32 22211920181614131512 WEST AVENUEFOREST AVENUEVANDERBILT DRIVE (CR901)22 DOLPHIN COVE COURTRSF-3 AUDUBON COUNTRY CLUB 6 28 SIXTH STREET WEST PUD232'19184 NON-ST 6 ST BD17 16 BD 15 14,42 20 15 14 8 1310BD 9 6 7 6 21 22 17BD 23 24 13 12 11 10 2625 27 E 9 8 7 E 7 116 6 2 21 20 1,2,9,31,34,46,101 5 4 8 2 1 6 4 29 30 31 5 4 3 32 33 2 1 4 6 5 9 8 3 2 18 12 10 1 SIXTH STREET 109 8 7 11 6 5 17 1110 1312 1413 4 3 15 2 1 15 14 1716 EIGHTH STREET SEVENTH STREET 19 5 4 31 124 23 3 2 13 12 2322 21 2524 20 19 15 14 11 10WEST17 16 9 8 29EAST 28 27 26 7 30 30 14 2726 18 17 2928 16 15 32 12 2031 13 34 33 11 10 21 RMF-12 25 24 23 22 1920 18 17 2 SIXTH STREET LAKEVIEW11 393635 9 8 3837 7 6 3 40 5 4 41 2 1 16 15 13 14 12 11 10 98 7 6 10 5 4 12 4 21 C-3 7 5 6 9 8 4 3DRIVE 1110 2 1 C-1 1312 3 2 1 3 17 12 5 2 1 11 22 5 20 5 23 24 RSF-4 22FIRST STREET RMF-6 HICKORY HARBOR CONDOMINIUM SECOND STREET B THIRD STREET 23 4 3 5 3 25 5 3 3V 24 4 3 3 4 6.4' S 3 0 D 3 3 " E350'2122 1 20 1819 32 4 5 24 23 1 2 22 21 20 19 43 65 7 6 FIFTH ST WEST RMF-12 5 34 12 D 6 D 1 2 4 3 FIFTH STREET 9 8 7 6 109 1211 5 4 16 3 2 14 13 15 1615 8 7 6 5 1514 13 12 1716 11 10 4 3 2 1 20 1918 9 8 217 9 141617 C 15 6 7 C 8 1213 10 11 10 151817 B 16 87 9 1314 11 12 1413 12 11 1615 10 9 18 17 8 7 19 6 6 V 1615 14 13 1817 12 11 20 2221 19 10 9 8 7 3 C-431.2 1.1 25 24 2.22 3 2223 A 2021 4 5 A 6 7 LEE COUNTYBONITA BEACH ROAD (CR 865) 11 16181917 8 9 10 15 14 12 13 3 1 1716 15 14 1918 13 12 23 22 9 2120 11 10 8 7 2 V 7 39 16 37 16 35 16 2 1 27 17181920222325242126 33 30 DRIVEDRIVEVALLEY1 20 19 14 22 21 VALLEY6 5 4 3 23 2423 4 3 25 2 1 28 29 38 SHOREWOODSCONDOMINIUM35 34 37 36 Lot 1 13 FOURTH STREET 39 31 32 3433 35 36 3837 28 25 26 25 VALLEY DRIVE242221 4 23 3 2 1 27 26 27 2 2524 6 5 26 4 3 28 1 THIRD STREET 29 30 2324 3231 22 21 35 18 33 34 20 19 36 17 SECOND STREET 27 28 2324 29 30 22 21 33 18 31 32 1920 34 17 12356478910111215 48 FIFTH STREET 9 8 7 6 5 4 1011 9 8 1312 1514 3 2 41 40 43428 11 10 9 8 4544 4746 9 3 20 67 10 45 18 17 16 19 12C-32221 576 4 3 5049 5251 2 1 2 5453 1 46 7 44 7 14 13 39 38 15 14 4140 1213 5 4342 11 10 4544 89 37 36 1415 3938 13 12 4 424140 1011 43 89 4847 6 5 5049 34 5251 12 4645 56 4847 4 3 5049 12 33 16 2625 6 5 2827 4 3 ,23,8116V 3029 2 1 FIRST STREET 2625 24 23 2827 22 21 31 18 3029 20 19 32 17 42 7C-4 36 35 34 15 14 37 13 12 1 403938 11 10 41 9 8 4443 6 5 45 4 3 2 1 1 5 G BD ,V26,99 1234567891011121314151617181920212223 1234567891011H 27BD V28 29BD 1 GULFWAYCONDO HICKORY BAY WEST 32V BD33 BD35 36BD37CU BD38 CU 39 40BD 41BD BD43 44BD BD45 47BDBD48 49BD BD50 C U 5 1 BD52 BD53 BD54 55V BD56 58V 57V BD59 60BD 3 61BD CU62 BD63 BD64 V 65 66BD BD67 BD12 V 6 BD69 BD70 BD71 BD72 BD73 BD74 75BDBD76 BD77 V7879,104 105BD , V BD80 83BD 84BD 85,86BD BD 87 88BD 89BD90BD BD92BD93 BD,V 94 BD97 98V 100 V ,BD102103 BD106 108BD BD109 V, BD110 111 BD112 $NO. NAME P.B. Pg.1 BONITA SHORES NO.1 3 12 BONITA SHORES NO.2 3 433 LITTLE HICKORY SHORES NO.1 3 64 LITTLE HICKORY SHORES NO.2 3 795 LITTLE HICKORY SHORES NO.3 (REPLAT) 6 26 DOLPHIN COVE 19 55-56 INDICATES SPECIAL TREATMENT OVERLAY 8505N 8505S8506N LEE COUNTY1The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 R-82-11-C2 R-87-12C3 V-88-12 88-282456 3-11-97 V-96-33 97-1657 11-19-85 V-85-28C 85-2418 6-25-91 R-91-4 91-549 6-25-91 PUD-87-12(1) 91-5310 LDC-9111 3-5-92 BD-92-1 92-412 8-6-98 BD-98-28 98-3213 12-17-92 BD-92-9 92-2914 5-20-93 BD-93-5 93-1515 5-20-93 BD-93-6 93-1416 11-23-93 V-93-29 93-54817 12-2-93 BD-93-20 93-3718 PDA-85-1,2C19 PDA-86-17C20 PDA-86-18C21 8-2-88 PDA-88-7 88-6322 1-25-94 V-93-34 94-3623 3-8-94 V-94-1 94-15824 10-27-87 PU-87-17C 87-26025 5-24-94 PUD-77-19(6) 94-2826 6-15-95 BD-95-6 95-1927 9-7-95 BD-95-13 95-3128 9-12-95 V-95-12 95-53329 11-2-95 BD-95-18 95-4730 12-12-95 R-95-8 95-7531 1-9-96 PUD-82-11(3) 96-132 9-10-96 V-96-16 96-41933 10-3-96 BD-96-15 96-3534 11-12-96 PUD-82-11(4) 96-6935 12-5-96 BD-96-22 96-4636 12-19-96 BD-96-23 96-4737 1-14-97 CU-96-22 97-5038 4-3-97 BD-97-3 97-1239 4-22-97 CU-97-6 97-22340 5-15-97 BD-97-11 97-1841 7-3-97 BD-97-16 97-3242 9-4-97 BD-97-17 97-3643 6-4-98 BD-98-10 98-2044 5-21-98 BD-98-20 98-2545 9-17-98 BD-98-30 98-3946 9-17-98 PDI-98-4 8-3847 11-5-98 BD-98-32 98-4648 11-5-98 BD-98-34 98-4749 12-17-98 BD-98-38 98-5550 12-3-98 BD-98-36 98-5351 5-11-99 CU-99-4 99-23652 6-3-99 BD-99-8 99-2253 8-19-99 BD-99-16 99-3054 8-5-99 BD-99-12 99-2855 10-26-99 V-99-13 99-40056 1-20-00 BD-99-26 00-0157 2-8-00 V-99-26 00-5158 3-14-00 V-99-27 00-8559 2-17-00 BD-99-28 00-0360 5-4-00 BD-00-9 00-561 6-1-00 BD-00-8 00-1662 5-23-00 CU-00-1 00-15763 7-20-00 BD-00-13 00-1964 9-7-00 BD-00-18 00-2565 10-10-00 V-00-18 00-35366 11-16-00 BD-00-26 00-3467 5-3-01 BD-01-AR-351 01-0968 6-26-01 PUDA-01-AR-546 01-3569 10-4-01 BD-01-AR-1122 01-2570 4-4-02 BD-01-AR-1608 02-0371 9-5-02 BD-02-AR-2416 02-0672 9-16-02 BD-02-AR-2564 02-0573 12-19-02 BD-02-AR-3019 02-1074 2-5-04 BD-03-AR-4689 04-0275 7-15-04 BD-04-AR-5697 04-0876 7-15-04 BD-04-AR-5699 04-0777 7-15-04 BD-04-AR-5693 04-0678 5-24-05 V-04-AR-6970 05-21379 5-5-05 BD-05-AR-7155 05-0680 11-17-05 BD-05-AR-7970 05-1081 4-25-06 V-05-AR-8857 06-10882 5-23-06 PUDZ-04-AR-6283 06-2283 4-19-07 BD-06-AR-10900 07-0484 5-17-07 BD-06-AR-11004 07-0585 12-6-07 BD-07-AR-12154 07-0886 4-22-08 ADA-07-AR-12714 08-11987 11-22-08 BD-08-AR-13305 08-0588 5-6-10 BD-PL-09-918 10-0289 12-2-10 BD-PL-10-1297 10-0690 2-3-11 BD-PL-10-1313 11-0191 2-22-11 PUDA-PL-09-742 11-0492 9-6-12 BD-PL-12-26 12-0793 10-6-11 BD-PL-10-1473 11-0694 7-20-16 VA-PL-15-2429 AND BD-PL-15-37 HEX-16-2595 12-20-17 BD-PL-16-541 HEX-17-3596 9-11-18 PUDA-PL-17-4421 18-4197 1-18-19 BDE-PL-17-2736 HEX 19-0298 2-21-19 VA-PL-18-2673 HEX 19-0899 1-29-20 BDE-PL-18-3700 HEX 20-02100 1-29-20 VA-PL-17-1588 HEX 20-03101 1-28-20 PUDA-PL-19-502 20-07102 7-14-20 VA-PL-19-2360 20-128103 6-11-20 BDE-PL-19-1962 CCPC 20-02104 6-8-21 BDE-PL-20-2151 HEX 21-17105 6-8-21 VA-PL-20-2152 HEX 21-18106 9-24-21 BD-PL-20-1106 HEX-21-40107 5-12-22 PDI-PL-21-2729 HEX 22-22108 3-10-23 BD-PL-22-501 HEX 23-04109 8-9-23 BDE-PL-20-1107 HEX 23-23110 1-12-24 VA-PL-23-9299 HEX 24-01111 1-12-24 BDE-PL-22-6082 HEX 24-02112 4-9-24 BDE-PL-23-8785 HEX 24-20DEVELOPMENT STANDARDS MODIFICATIONS12-12-95 R-95-B 95-75THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. 0 400 SCALE4/19/2024Page 401 of 528 Benson Variance Petition 267 3rd St. W, Unit #3 Bonita Springs, FL 34134 PL20240004206 Page 402 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides 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 NOT 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. Backup provided by Applicant: 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 Authorization _X__ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) _X__ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)  Include 3 thumbnail drives of video and/or audio Agent Letter & Mailing List ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _X__ Deviation Justifications Page 403 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides _X__ Boundary Survey ____ 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. ___ Submerged Resource Surveys may be included here if required. _X__ flash drive with only one pdf file for all documents 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 drive must contain the documents in one pdf file. It is the agent’s responsibility to ensure no documentation is left out. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative Page 404 of 528 Application Form Page 405 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358 4/27/2018 Page 1 of 6 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2‐83 – 2‐90 Chapter 3 J. of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: _________________________City: ________________ State: _______ ZIP: ________ Telephone: ___________________ Cell: ____________________ Fax: ____________________ E‐Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: ___________________________City: ________________ State: _______ ZIP: ______ Telephone: ____________________ Cell: ___________________ Fax: ____________________ E‐Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff Benson FL RE LLC James E. Benson 8419 Owl Ct.Village of Lakew IL 60014 Nick Pearson Bayshore Marine Consulting, LLC 2025 Monroe Ave. Naples FL 34112 239-404-7982 Nick@Bayshoremarineconsulting.com Page 406 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 2 of 6 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: ____________________ Section/Township/Range: / / Subdivision: _____________________________________ Unit: _____Lot: Block: Metes & Bounds Description: __________________________________ Total Acreage: ______ Address/ General Location of Subject Property: ______________________________________ ______________________________________________________________________________ ADJACENT ZONING AND LAND USE Zoning Land Use N S E W Minimum Yard Requirements for Subject Property: Front: Corner Lot: Yes No Side: Waterfront Lot: Yes No Rear: Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Page 407 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 3 of 6 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: _____ NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing prin cipal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Page 408 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 4 of 6 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. Page 409 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 5 of 6 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. 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. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre-Application Meeting Notes 1 Project Narrative Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 Deeds/Legal’s 3 Location map 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 Historical Survey or waiver request 1 Environmental Data Requirements or exemption justification 3 Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 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. Page 410 of 528 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 6 of 6 Planners: Indicate if the petition needs to be routed to the following reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Historical Review City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra Emergency Management: Dan Summers; and/or EMS: Artie Bay School District (Residential Components): Amy Lockheart Other: FEE REQUIREMENTS  Pre-Application Meeting: $500.00  Variance Petition: o Residential- $2,000.00 o Non-Residential- $5,000.00 o 5th and Subsequent Review- 20% of original fee  Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00  After The Fact Zoning/Land Use Petitions: 2x the normal petition fee  Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to 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. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 __________________________________ ____________________ Applicant Signature Date __________________________________ Printed Name Page 411 of 528 Narrative Statement Page 412 of 528 BAYSHORE MARINE CONSULTING, LLC www.Bayshore-Marine.com ● NICK@BAYSHOREMARINECONSULTING.COM ● 239-404-7982 Page 1 of 3 267 3rd St. West (Lot #3)- BDE Petition #PL20240004206 Variance Petition Nature of the Petition 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The property at 267 3rd St. W (Lot #3) has been owned by Mr. James E. Benson Sr. through his own corporation, named Benson FL RE LLC since July of 2023. The lot is an unconventionally sized boat slip lot located in the Little Hickory Shores subdivision of Bonita Springs. It is platted as being 32’ in width and fluctuating from 35’ to 52’ in depth. However, the shoreline is located landward of the plat boundary, and so the actual depth of land within the parcel fluctuates from only 23’ to 26’ in depth. The rip rap shoreline length matches the lot width at 32 linear feet. The lot is zoned RSF-4, which is intended for development with single-family residences. However, because of the lot’s small size, it cannot support a principle structure and so was approved with the other lots on the street for a conditional use, to be used essentially solely for boat dockage. As such, the lot is currently vacant with exception to a dock and boatlift present on the site. The subject property and most of its riparian area was originally dredged from land per the enclosed historic aerial overlay. We propose to construct a single 4’ wide by 41’ long finger pier that would extend from a portion of the existing dock. Together, these structures would protrude from the MHWL (which is the most restrictive point) a maximum of 46’ and provide access to 2 boatlifts in a shore normal configuration. One of the boatlifts would provide access to a 27’ LOA vessel. And the other lift would provide access to a single, 38’ LOA vessel. The max protrusion of the facility would be 26’ beyond the typically allowed 20’ of protrusion for this site. The proposed overwater structure will amount to a total of 264 square feet. The boatlift piles for the lifts on either side of the proposed dock would require 0’-side setbacks from both riparian lines in order to legally be constructed, or a 7.5’ setback variance from the typically required 7.5’ riparian setbacks required for this location. Considering the small riparian area of this lot, and the frequency on this street for which this size of setback has been approved in other cases, we believe that this is not an unreasonable ask and that the project should not otherwise cause or create any adverse effects to the neighbors or the surrounding waterway. Worth noting as well, is that the existing dock on this site was already approved for providing 0.27’ and 1.24’ side setbacks under VA-PL20170001588. We have also provided an alternative design plan, visible on exhibit sheet 05 of 05 which consists of a mirror-image configuration of the proposed design seen on exhibit sheet 03 of 05. This alternative design is being provided so as to alleviate any potential concerns by either direct neighbor that may pertain to navigation, line of sight, etc. Proposed protrusion, provided side setbacks, and over water decking square footage in the alternative design would all remain the same as in the originally proposed design. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The only alterations proposed under Section 9.04.02 include the construction of a private, recreational pile- supported boat dock facility with 2 boatlifts that will encroach upon the normally required 7.5’ side setbacks from the riparian lines. No dredging or filling is proposed as part of this project. Page 413 of 528 Page 2 of 3 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The parcel on which this project is located is too small to fit a principal structure on it and so is essentially a dedicated boat slip lot. There are 30 other “small” lots on this street of comparable size and nearly all of them (this lot included) already have a side-setback variance approval of what appears to be 0’ (or close to 0’) associated with each of them. Disallowing a variance in this singular case would be in contrast to all of the other lots. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Please see the response to the previous criteria. The size of this lot combined with the county’s typical building restrictions make construction of an ample sized dock facility that doesn’t require a BDE or setback variance exceedingly difficult for this location. Furthermore, denial of this setback variance petition would create a disparity between this lot and the adjacent boat slip lots which mostly all appear to have greater protrusion and setback deviations than that which exists on this lot. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, denial of a side setback variance for this property would severely limit the buildability and use of the lot, particularly in comparison to the nearby boat slip lots. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. The applicant is proposing to only utilize the space within their riparian area and is proposing the same side setbacks as many of the nearby boat slip lots. And it is our opinion that a side setback variance of 0’ is reasonable for the circumstances. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No, on the contrary, not approving this side setback variance would grant this property with less usability than many of the adjacent lots. The project should not affect any of the neighbors and should only serve to provide better riparian access to the dock’s owner. f. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Page 414 of 528 Page 3 of 3 The dock facility code as outlined in Chapter 5.03.06A. states that: “Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners.” The dock design as proposed (a 4’ x 41’ finger pier) is too narrow to provide any other function but to access and maintenance the vessels that will be on the attached boat lifts. The project will leave 87’ of space (more than 50% of the waterway width) for navigation, which is ample for public use, and should not impact the neighbors’ views at all as the dock will be located between two other similar dock facilities. Neither should the dock impact submerged resources and by extension manatees. Considering that the project as proposed is consistent with the general area’s uses and other docks in the vicinity, our opinion is that the proposed dock is in harmony with the intent and purpose of the zoning code. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The area which the proposed structures would cover per this variance petition consists of the surface waters of a tidally connected waterway. Construction within the riparian lines as proposed will have no effect on the water and has been designed to be compliant with the applicable state and federal restrictions for this location. The proposed project will not proceed without state and federal approvals from the Florida Department of Environmental Protection and U.S. Army Corps of Engineers. h. Will granting the variance be consistent with the Growth Management Plan? Yes, besides the dock’s side setbacks and protrusions, all other design criteria will be met. Granting of a side setback variance in this instance will therefore be consistent with the Growth Management Plan. 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? To our knowledge, an official interpretation or zoning verification has not been rendered on this property within the last year. Page 415 of 528 Property Information Page 416 of 528 Page 417 of 528 Page 418 of 528 Page 419 of 528 Warranty Deed Page 420 of 528 Page 421 of 528 Page 422 of 528 SunBiz Page Page 423 of 528 Page 424 of 528 Ownership Disclosure Form Page 425 of 528 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Page 426 of 528 d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 427 of 528 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. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Page 428 of 528 Affidavit of Authorization Page 429 of 528 Page 430 of 528 Petition Exhibits Page 431 of 528 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 26.327111LONGITUDE:W -81.8311311SITE ADDRESS:267 3RD ST. W. UNIT 3BONITA SPRINGS, FL 34134CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsV3.dwg LOCATION MAP 9/18/2024SHEET NO.:01 OF 05LOCATION MAPBENSON DOCK2306409-18-24N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:56000760006SECTION:05TOWNSHIP:48 SCOUNTY:COLLIERRANGE:25 ECITY OF BONITA SPRINGSCOLLIER COUNTYPage 432 of 528 PROPERTYBOUNDARYEXISTINGSEAWALLSCALE IN FEET4020100CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsEXISTING CONDITIONSSHEET NO.:NESW·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·EXISTING PROTRUSION FROM MHWL:31'133'20832-0.02'-0.58'SITE ADDRESS:,MHWLRIPARIANLINES3RD ST. W.NEIGHBORINGDOCK FACILITIESEXISTINGSEAWALL32'52'36'35'32'4'31'25'4'STANDARD 20-FT.PROTRUSION LIMIT26'23'EXISTINGDOCK ANDBOATLIFTN.S.P.09-18-242306402 OF 05BENSON DOCKEXISTING CONDITIONSFL34134BONITA SPRINGS267 3RD ST. W. UNIT 34' EXISTINGSIDE SETBACK2.5' EXISTINGSIDE SETBACK3'7.5'7.5'7.5' RIPARIANSETBACKSNEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 433 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibits V3.dwgSCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsPROPOSED DOCKSHEET NO.:NESWPROPOSED PROJECTBENSON DOCK03 OF 052306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINESTANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'38'27'14'12'4'25'41'DEPTHSAT MHWLPROPOSED0' SIDESETBACKPROPOSED0' SIDESETBACKPage 434 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibits V3.dwgSCALE IN FEET16080400CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-Variance-exhibitsADJACENT DOCKSSHEET NO.:NESWADJACENT DOCKSBENSON DOCK04 OF 052306409-18-24N.S.P.DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORPROPOSEDDOCK38'46'36'41'48'56'46'48'50'NEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 435 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance 2024\Benson-BDE-exhibits-AlternateSCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\Setback Variance2024\Benson-BDE-exhibits-Alternate 9-18-2024.dwgPROPOSED DOCKSHEET NO.:NESWPROPOSED ALTERNATIVE DESIGNBENSON DOCK05 OF 052306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINESTANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'27'38'12'12'4'25'41'DEPTHSAT MHWL0' SIDESETBACK0' SIDESETBACKPage 436 of 528 Boundary Survey Page 437 of 528 Page 438 of 528 Historical Aerial Imagery Page 439 of 528 Page 440 of 528 Page 441 of 528 Page 442 of 528 11/14/2024 Item # 3.H ID# 2024-1884 Petition No. BD-PL20230018267 – 267 3rd Street W - A 26-foot boat dock extension to allow a boat docking facility to protrude a total of 46 feet into a waterway that is 133± feet wide within the RSF-4 zoning district. The subject property is located on Lot 3, Block G, Little Hickory Shores, Unit 3 Replat subdivision. (Companion to PL20240004206) [Coordinator: John Kelly] (Commissioner District 2) ATTACHMENTS: 1. BD-PL20230018267 Staff Report 10252024 2. Attachment A - Dock Facility Plans 3. Attachment B - Map of Boundary Survey 3-19-24 4. Attachment C - Resolution 1987-260 5. Attachment D - Zoning Atlas 8505n 6. Attachment E - HEX Decision No. 2020-02 7. Attachment F - Applicant's Backup - Application, Narrative, Authorization, etc 8. Attachment G - Sign Posting - 10-30-2024 at 1430 Page 443 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 1 of 8 October 25, 2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 14, 2024 SUBJECT: BD-PL20230018267; 267 3RD STREET WEST – BENSON DOCK COMPANION TO VA-PL20240004206 _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Benson FL RE LLC Nick Pearson 8419 Owl Ct. Bayshore Marine Consulting, LLC Village of Lakeview, IL 60014 2025 Monroe Ave. Naples, FL 34112 REQUESTED ACTION: The petitioner requests a 26-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code (LDC) for waterways greater than 100 feet in width to allow a boat docking facility to protrude a total of 46 feet into a waterway that is 133± feet wide, pursuant to LDC Section 5.03.06.H. GEOGRAPHIC LOCATION: The subject property is located at 267 3rd Street West and is legally described as Lot 3, Block G, Replat of Little Hickory Shores Unit 3, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is an unimproved 0.03-acre parcel located within a Residential Single Family-4 (RSF-4) zoning district, commonly referred to as a “boat dock lot.” The parcel is too small to accommodate the minimum square-foot house and setback requirements of the zoning district, as was acknowledged by the Board of County Commissioners when they approved a Provisional Use permitting docks without a principal use on property described as: “Lots 1 through 23, Block G, Little Hickory Shores, Unit #3, as recorded in Plat Book 6, Page 2, Official Records of Collier County, Florida.” See Resolution No. 1987-260, related to Petition No. PU- 87-17C. Page 444 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 2 of 8 October 25, 2024 (Continued on Page 4) Page 445 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 3 of 8 October 25, 2024 SURROUNDING LAND USE AND ZONING: North: Little Hickory Bay then a preserve for Little Hickory Bay Condominium located within the Little Hickory Bay PUD South: 3rd Street West (Right-of-Way) then a boat launch area in a RSF-4 zoning district East: Boat dock facility in a Residential Single-Family-4 (RSF-4) zoning district West: Boat dock facility in a Residential Single-Family-4 (RSF-4) zoning district Collier County GIS Page 446 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 4 of 8 October 25, 2024 PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1) The existing dock facility required both BD (PL20180003700) and VA (PL20170001588) approvals, Hearing Examiner Decisions 2020-02 and 2020-03, respectively, to allow a protrusion of 33.14 feet and side setbacks of 0.27 feet on the east and 1.24 feet on the west. Since that time, the property has sold, and the new owner desires to reconfigure the existing dock facility by removing the existing finger pier and replacing it with a new one measuring 4-foot wide by 41- foot long to accommodate two boat lifts, one for a 27-foot vessel and the other a 38-foot vessel, which will result in a protrusion of 46 feet as measured from the MHWL. The petitioner will also need a companion VA to allow the side setbacks to be further reduced from the required 7.5 feet to 0 (zero) on both sides; see companion project PL20240004206. An “Alternative Design” has also been provided within Attachment A, sheet 09 of 09. It is essentially a mirror image of the proposed dock depicted on sheet 03 of 09. The applicant’s agent provided this design subsequent to a neighbor to the east commenting that they’d prefer the smaller vessel on the east side. The alternate design has been reviewed by staff, who concur with the applicant that the protrusion and setbacks are the same regardless of the proposed or alternate design. ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The proposed docking facilities will be constructed waterward of the existing rip- rapped shoreline. The property contains a mangrove, and impacts to the mangroves will require a permit from the Department of Environmental Protection (DEP). The submerged resources survey provided by the applicant found no submerged resources in the area. Exhibit sheet page 6 of 9 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 it did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Page 447 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 5 of 8 October 25, 2024 Criterion met. The subject property has been approved for residential dock facilities by means of Resolution No. 1987-260; therefore, this criterion allows up to two slips. The proposed dock facility comprises a finger pier with two slips, one for a 27-foot vessel and the other for a 38-foot vessel. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The applicant’s agent states: “Most boatlifts vary between 10’ and 15’ in length and width on the lift pile centers. If a lift of this general size were installed inside the 20’ protrusion limit per Collier County’s LDC (ignoring the fact that there is no reasonable way to fit the vessel proposed inside the riparian lines and normal protrusion limit), then this lift would be placed in approximately no more than 2.5’ of water at low tide as can be seen on exhibit sheet 04 of 08. Subtracting approximately 1.5’ of that depth, which is required for the lift’s beams and bunks, would leave only approximately 1’ of water for the larger proposed vessel to operate in. Most 38’ LOA vessels require approximately 3’ of depth to operate when loaded with people, gear, gasoline, etc., so 1’ of depth at low tide would be insufficient.” Based upon the referenced exhibit contained within 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. There is no navigable channel at or adjacent to the proposed project location. Therefore, no marked or navigable channels will be affected by the proposed project. 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 not met. The applicant’s agent states: “The waterway at this location is 133’ wide at its narrowest location. The applicant is proposing a dock that will protrude 46’ into the waterway from the MHWL. This protrusion amounts to 34.6% of the waterway width. However, which means that this criterion is automatically not met. However, the opposite shoreline appears to not be buildable as it has been placed within a preserve. Therefore, we can safely assume that all 87’ of the remaining waterway will be left for navigation, which accounts for 65.4% of the waterway…” Staff concurs that this criterion is only partially satisfied; a minimum of 50 percent of the waterway width is maintained for navigation. Page 448 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 6 of 8 October 25, 2024 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant’s agent states: “This dock facility is oriented in the same direction as all other docks along this portion of the waterway, which is in a shore-normal configuration. Neither the proposed side setbacks nor the proposed protrusion is atypical for the area, and no neighboring docks should be affected by this project.” Staff notes that all of the boat dock lots along the subject shoreline have been constructed to be perpendicular to the shoreline. Thus, the proposed dock facility will not interfere with the use of neighboring docks any more than existing docks impact the petitioner; staff, therefore, concurs. Secondary Criteria: 1. Whether there are special conditions not involving water depth related to the subject property or waterway that 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.) Criterion met. The applicant’s agent states: “The parcel on which the proposed project is located is an unconventional-sized lot that is too small for a principal structure to be located and is intended essentially exclusively for the use of boat mooring. The lot is also too narrow (especially when considering the standard 7.5’ side setbacks from both riparian lines) to reasonably moor a boat in a shore parallel configuration, which all but requires mooring in a shore-normal configuration. A shore normal configuration within the standard protrusion limit per Collier County’s LDC would limit the property owner to mooring boats of 20’ LOA or less, which would severely restrict the overall and intended use of the lot. Furthermore, nearly all of the adjacent boat slip lots already have docks with similar configurations, protrusions, and provided side setbacks.” Staff concurs and adds that Resolution 1987-260, which approved specified lots for boat dock use, is itself a special condition to be considered. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The applicant’s agent states: “The proposed facility will utilize a 4’ by 41’ long finger pier attached to an existing marginal dock that together totals only 264 total square feet of over-water area. This square footage is substantially smaller than many of the surrounding docks and is not excessive in our opinion.” Staff concurs that there is no excessive decking and that a 4-foot width should be adequate to allow for safe access and routine maintenance. Page 449 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 7 of 8 October 25, 2024 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 applicant’s agent states: “The length of both vessels proposed (38’ and 27’ LOA) in this petition together exceed 50% of the property’s 32’ of shoreline.” Staff concurs and further notes that the subject property is legally nonconforming with respect to both lot area and lot width. 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: “The proposed dock configuration will be in line with the other docking facilities on the street per exhibit 07 of 08 [See Attachment A]. Additionally, the use of the facility for private recreational purposes will be consistent with the surrounding area as well. Therefore, the proposed project should not constitute a major impact to view of the neighbors.” Staff concurs and further notes that the existing dock facility protrudes 13.14 feet beyond the allowed 20 feet as allowed per Hearing Examiner Decision No. 2020-02. The applicant has also offered an alternative design in the event it is found to be more favorable. 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.) Criterion met. The applicant’s agent states: “There are no seagrass beds present in a 200’ area surrounding the subject property, and so no seagrasses are expected as a result of the proposed project.” Given the information provided within the provided Submerged Resources Survey, staff concurs. 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. The applicant’s agent states: “Section 5.03.06 of Collier County’s Land Development Code (LDC) stipulates that ‘multi-slip docking facilities with ten or more slips will be reviewed for consistency with the Manatee Protection Plan (MPP).’ The proposed project is for a private, recreational 2-slip dock associated with a single-family zoned lot in Little Hickory Shores. The proposed facility does not have more than ten slips, and so is not subject to review for consistency with Collier County’s MPP.” Staff concurs. Staff analysis finds this request complies with four of the five Primary Criteria and four of the six Secondary Criteria with the sixth criterion being not applicable. Page 450 of 528 BD-PL20230018267 – 267 3rd St W, Lot 3 Page 8 of 8 October 25, 2024 CONCURRENT LAND USE APPLICATIONS: Companion Petition No. VA- PL20240004206, to reduce the minimum side yard / riparian setback from 7.5 feet to 0 (zero) on both sides of the proposed boat dock facility. 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. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceed with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD- PL20230018267 in accordance with the plans contained within Attachment A, most specifically that identified as sheet 03 of 09 (Proposed Dock), subject to the following conditions: 1. Approval is predicated upon the approval of the companion Variance, VA- PL20240004206, by the Hearing Examiner; absent such approval, this BD is void. 2. Prior to or concurrent with obtaining a building permit for the dock, a Right-of-Way permit shall be obtained for access improvements to prevent roadway and drainage system damage if not previously obtained (As Per Resolution 1987-260). 3. This dock is private in nature and shall not be used for rental purposes. 4. This dock shall not be used for any commercial purposes, including mooring commercial boats. At the sole discretion of the Hearing Examiner, the Alternative Plan presented on sheet 09 of 09 within Attachment A may be considered for approval should it alleviate any public concerns; said plan has been fully reviewed by staff and satisfies all of the criteria as referenced herein. Attachments: A. Dock Facility Plans B. Map of Boundary Survey C. Resolution 1987-260 D. Zoning Atlas E. HEX Decision No. 2020-02 F. Applicant’s Backup: Application, Narrative, Authorizations, etc. G. Public Hearing Sign Posting Page 451 of 528 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 26.327111LONGITUDE:W -81.8311311SITE ADDRESS:267 3RD ST. W. UNIT 3BONITA SPRINGS, FL 34134CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg LOCATIONMAP 9/18/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:01 OF 09LOCATION MAPBENSON DOCK2306409-18-24N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:56000760006SECTION:05TOWNSHIP:48 SCOUNTY:COLLIERRANGE:25 ECITY OF BONITA SPRINGSCOLLIER COUNTYPage 452 of 528 5.75.43.43.93.02.50.92.02.00.8PROPERTYBOUNDARYEXISTINGSEAWALLSCALE IN FEET4020100CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg EXISTINGCONDITIONS9/18/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWN.S.P.09-18-242306402 OF 09BENSON DOCKEXISTING CONDITIONS·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·EXISTING PROTRUSION FROM MHWL:31'133'20832-0.02'-0.58'SITE ADDRESS:,FL34134BONITA SPRINGS267 3RD ST. W. UNIT 3MHWLRIPARIANLINESDEPTHSAT MHWL3RD ST. W.NEIGHBORINGDOCK FACILITIESEXISTINGSEAWALL32'52'36'35'32'4'31'25'4'STANDARD 20-FT.PROTRUSION LIMIT26'23'EXISTINGDOCK ANDBOATLIFT27'Page 453 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024AA04SCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg PROPOSEDTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWPROPOSED PROJECTBENSON DOCK03 OF 092306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINEBB05STANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'38'27'14'12'4'25'41'DEPTHSAT MHWL0' SIDESETBACK0' SIDESETBACKPage 454 of 528 5.7' 3.9' 3.0' 2.5' 0.9'PROPOSEDFIXED DOCKMHWL -0.02' NAVDMLWL -0.58' NAVDSTRINGERCAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET16840CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg CROSSTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION AABENSON DOCK04 OF 092306409-18-24N.S.P.DOCK PILEDECKINGBOAT LIFTDEPTHS AT MLWEXISTINGRIP RAP46' PROTRUSION FROM MHWLMHWLSTANDARD 20'PROTRUSION LIMIT38' MAX. VESSEL LOA26' EXTENSIONPage 455 of 528 MHWL +0.01' NAVDMLWL -0.55' NAVDALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET1052.50CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg CROSSTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION BBBENSON DOCK05 OF 092306409-18-24N.S.P.BOAT LIFTDEPTHSVARY32'STRINGERCAP TIMBERDOCK PILEDECKINGBOAT LIFT PILE4'12'14'Page 456 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024SCALE IN FEET12060300CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg SRS 9/18/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWSUBMERGED RESOURCE SURVEYBENSON DOCK06 OF 092306409-18-24N.S.P.TYPICALTRANSECT LINESPROPOSEDDOCK10'NO SUBMERGEDRESOURCESOBSERVED WITHIN200' OF PROJECTMANGROVEFRINGE LINE200'130'Page 457 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024SCALE IN FEET16080400CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg ADJACENTTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWADJACENT DOCKSBENSON DOCK07 OF 092306409-18-24N.S.P.DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORPROPOSEDDOCK38'46'36'41'48'56'46'48'50'NEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 458 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024SCALE IN FEET8040200CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg WATERWAYTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWWATERWAY OVERVIEWBENSON DOCK08 OF 092306409-18-24N.S.P.DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORPROPOSEDDOCK133' WATERWAYWIDTH87' OF REMAININGWATERWAY FORNAVIGATIONNEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 459 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits-Alternate 7-30-2024.dwgAA04SCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits-Alternate7-30-2024.dwgPROPOSED DOCKTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWPROPOSED ALTERNATIVE DESIGNBENSON DOCK09 OF 092306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINEBB05STANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'27'38'12'12'4'25'41'DEPTHSAT MHWL0' SIDESETBACK0' SIDESETBACKPage 460 of 528 HO.f'-4'.S:· 1. THIS SKETr:H DOES NOT REFLECT CIR 0£1ERMINE OIINERSHIP. 2. DESCRIP"ON AS Fl/RNISHED BY a.tENT. NO SEARCH <T THE PU8L/C HECmDS WAS CONDUCTED BY THIS FTRM. .I BEARINGS ARE BASED ON .CUT CIR DEED. -1. THERE ARF NO 'ASIBLE ENCROACHIIENTS THAN AS SHOIIN. 5. THERE AIAY BE OTHER EASEMENTS NOT SHOIIN HEREa-1 RECORDED IN THE PUBLJC HECmDS <T THE GOIIERNING COUNTY. 6. NO 0£1ERMINA "ON <T HAZARDOtlS WAS1E' AIA TERfALS HAS BEEN A/AD£ BY THIS FIRM. 7. LOCA 110N <T IJND£RGROIJNO U"U11£S CIR S1RIJC11/R£S NOT SHOIIN UNLESS OTHER/115£ NOTED. 8. stGNm UAIITS UABILJTY OHL Y UP TrJ THE COST <T 5VRl£Y. 9. THIS SURIEY IS PROTECTED BY ca>'YRIGHT ANO ALL RIGHTS ARE RESER',ED. 10. SURl£Y WAS BASED ON /NFrJRMATTON PR0'Al)£J} BY CUENT ANO EXISTING Al(N(UAIENTA "ON. 11. ADDmONS CIR OEL£T10NS TrJ 5VRl£Y AIAPS CIR REPORTS BY OTHER THAN THE SIGNING PARTY CIR PAH"ES IS PROHIBITED tllTHOUT #RITTEN CONSENT <T THE SIGNING PARTY CIR PAHTTES. 12. THE FEMA Fl.000 ZONE INFmMATTON INDICATED HEREa-1 IS BASED ON AIAPS SlJPPLl£D BY THE FEDERAL GOI/EHNAIENT. THIS Fl.000 /NFC/RAIA 110N Ill/ST BE IIERIF1£0 BY ANOTHER SOtlHC£. 1.I PAHCEJ.. CONTAINS 1,4JIJ SQIJARE FCET, PLUS CIR Al/MIS. 1-1. ELEVA "ONS AS SHOIIN ARE BASED ON N.A. V.D. 1988 DATl/AI UNLESS 01HERIIIS£ STATED. M'GIHD.· {A) -ARC LENGTH A. C -AIR COND/710NER B.aB. -BASIS OF BEARINGS @ -CABLE TV {C) -CALCllLA TED CB. -CATCH BASIN CB -CHORD BEARING CH -CHORD DISTANCE ■ -CONC MONUMENT {D) -DEED D.P.11.£. -DRAINAGE AND PUBLIC UTlLITY EASEMENT e -SPKD -SET MAG NAIL AND DISC LB8,f.27 EL -£l£VA 710N £P -EDGE OF PA 1/EMENT F.H. -RR£ HYDRANT FND. -FOUND N LR. -IRON ROD o {M) -M£ASIJR£D ~ M.£. -MA/NlENANCE EASEMENT co 0 -FPKD -FOUND NAIL AND DISC {NUMBER) '- N.A. V.D. -NORTH AMERICAN VERTlCAL DA TUM {1988) :g N. T.S. -NOT TO SCALE -'\r {NR) -NOT RADIAL aR. -OFFICIAL RECORD {P) -PLAT P.B. -PLAT BOOK P.C -POINT OF CURVATURE P.CC -POINT OF COMPOUND Cl/RVATUR£ Is P.CP. -PERMANENT CONTl?OL POINT P.l -POINT OF INTERSECT PG. -PAGE P.O.8. -POINT OF BEGINNING P.ac -POINT OF COMMENC£MENT PP -PO/IER POL£ P.R.C -POINT OF REVERS£ Cl/RVA TUR£ P.R.M. -PERMANENT REFERENCE MONUMENT P. T. -POINT OF TANGENCY P.11.£. -PUBLIC UTlLITY EASEMENT R -RADIUS {R) -RADIAL RNG. -RANG£ R/W -RIGHT OF WAY SEC -S£C710N SIRC -SET 1/2. IRON ROD LB8,f.27 (l) -TELEPHONE BOX THP. -TOWNSHIP II.£. -UTlLITY EASEMENT UTS -UNITED T£L£PHON£ SERVICE 11.P. -UTlLITY PEDESTAL M -WV -WATER VALV£ D -WATER METER t:.. -DELTA ANGLE 0 -RR£ HYDRANT _j._ -CEN7ERLIN£ ------,_---twR£ FENCE -ff--ltVOO FENCE -<JHU--OVERHEAD twRES ~ -CONCR£7E PAD ~~ -£XIS71NG £LEVA 710N LOT 3, BLOCK G, REPLA T OF UNIT NO. 3, LITTLE HICKORY SHORES PLAT BOOK 6, PAGE 2 SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SAFE UPLAND LINE NOTE SAFE UPLAND LIN£ £LEVA TTON = +0.50' NA ~88. £LEVA TTON PROVIDED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTTON MEAN HIGHA,ow WATER UNE NOTE MEAN HIGH WATER LIN£ £L£VATTON = -0.02' NA~BB MEAN LOW WATER UN£ £LEVA TTON = -0.58' NA ~88 MEAN LOWER LOW WATER LIN£ £LEVA TTON = -0. 70' NA ~88 £LEVA TTON PROVIDED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTTON 0 10 20 I ■■ I I SCALE:1"=20' CERT/RED TO.· NICK PEARSON LEGAL DESCRIPTION; 40 I TOP OF WAJER TOP OF WATER £LEVATTON = 0.81' (AT TTM£ OF SURVEY) BENCHMARK NOTE NA ~88 £LEVA TTONS BASED ON L££ COUNTY B.M./Y 718 £LEV= 4.48' NA~BB 267 .1RD STREET #EST, BONITA SPRINGS, FLORIDA .HI.H Lot ~ Block ~ Of That Certain Subdivision Known As Rep/at Of Little Hickory Shores, Unit No.3 According To The Map Or Plat Tht1rt1of On FIie And Recorded In The Office Of The Clerk Of The Circuit Court, Of Collier COUNTY, Florida In Plat Book 6, Page 2. VICINITY MAP N. T.S. - 4 - R/W -- FNO ,,12· /JIOO Pl' Ct .d=1B"O0'oo• R=110.00'(P)(M) A=35.17' CH=35.02' CB=N55-S9'2o•E 2 BLOCK G VACANT FNO 1/r 11/tW' (UI llll//lJ) 38'60 y ':11'(P}(IA) lll!f' ~ "'(~ ::::i 5Vi L,.i}: _r:;;i:::e oa.: Oc:5!1::~ '-li~~t Q) "_, 1:3 I:::: ... 0) C/)"" ltl~~i..ia:i • Q) 1:\,1 ~ t, ~ ~ 2:IC'j -~ ~ ~:,..l,i.Ji!:~ en (/) 0 -~"' ltlgi... l n:~ioli ~i!:(.)C)~ ~ .5,-Q !l:: r-.:'11) e ;:: Cb ·°'O::o !.iEo's!~15 -II)<= "'(li:I:::: ·Cl.: ~ ;i,... ... ,;:: C) i::: '-"CN i::i !.. ~Cb~-§ ~bjl!:~e:i~ ~ I~-!::!§..,, 1::::1,i.J~:.?:i:!:t:J ~ ~ ...J .... :::i "0 ~G;:iOci:t: ij .... (/j~_a ~ Cl:::i::::c::i!:5c!l i:S(.)"'C!.iJ:.?:~ I ·~ o :::i )...~"((ij. ~ -Q 1; 5 _§, 0 :::i;ll.:5i~1,J~ i ~ ~G:ci'i.~ L,.Q:: 8;1: ·I ·o; ..... ~Ctj 1500 .... (.)ii:: c:: (lj () _g .!,! ~C/J~~:.?:o ~ 1i'2!Q):!:::8 ::s~~iirn~ ~--se .... ,.-l:: ~!.iE.J,~~I:::: ~ Q.:0~~ :<e;q:ll'lll..(/)C) ~ iii§[;j :::e Iii R: Q ;i:.?: (!) ~~ C/) I£! l.,J :i -(/j O 0 ~l,Ji:!:ll..;;;!c::ii:::i~· ~ .?:~ ~~"'( ~~(j!.iE~~ !1::t::J~"'(ii:~ :;:s :::e C) (/j (/JQ~C/) CJ i,_)...ls!-i:i;.: :-1::1:: O's;!liC<,l,J ;r: !!§ Is! Vii:!: t; z ~(/j!l::&l)...L,._ :"( ... \:c!c::i ::::1011: -~ (ij~<::i~~~ ~ !Qlri~~.J, "'( ► ~ i,!:~-.JOll'lC ... ;:j ~ I!: R:.?: Is! :"(~~f.31:!:!:...: w ~ i!:c::iliji.iJll..'s;! !,,.j :g c~~!!2~!!5 w> ~ i:::~c~c.:iV) ~ ~ ~ ll:ii:::iR:1.u::.:!!1 I-~ ~ ~ " G~.,,_~"'i,!: a: "(Ill'~~ :,.. O<.:,Vl~:;;:: -fll~c::i C C5 ~~~~ e5i.:0::Q~)... ..I ::::, :::i; (j ::i:::,..ti!!l~i:ij i;::; ... § _:::i;ltli:!:C/JO:: ~ ls "-WU, i.;: cc ~ "II I ~ /. ·' I -~ ~ "II . ' "• ,. • " ~ r:::: ~ ~ Q:: )....~ C ~~ ~ ll::: ~ ~fb s. 0) (.)c:::i C) ;i: Q ~ 0.: ~ C) ~c:::i C c:::i ~ .. ~ ~ ~ C) (!) ~ C (\,j 0) c§ C)~ 0) 0) ~ ~ ~ II ~ ~~ c:::i C) "~ ~ c:i --:i II ~ -~~ -~~ ).... C) ~ ~ ~ ~ )....~ ~ ).... ~ -Q:: •• ;i:: Ill ~Q Cl) (j i '") ~~ :l:: li.J i:..: c:::i -.J ~ ttl :::::5 :s ~ ~ ~ ~ g~ -~ ~ (j Q (/) ~ Page 461 of 528 Ini), HHl ' ~;j OCTOBER 27, 1987 Ite.'7Bl USOLU'1'IOlf 87-210, PBTITIOlf 110-87-17C, COJOl1l1fITY DIVBLOPHBlCT DIVISIOII UQt1BSTIBCJ .ROVISIOlfAL UBI "1\" OP m1I asP-4 DISTRICT POR MOlf-COHKIRCIAL BOAT LAUHCRI}~ PACILITIES - ADOPTED Planner Weeks stated the property is located approximately 1/4 mile south of Bonita Beach Road, and 3/4 mile ~eBt of Vanderbilt Drive in the Littl., Hickory Shores Subdivision. He stated that the Board directed staff to initiate a Provisional Use for this property beca- use of the small lot size which cannot be used for a principal struc- ture. He said it appears that these lots were intended for boat' " dock lots, however, that is not indicated on the plat. Mr. Weeks stated the rr,PC has reviewed this petition and forwarded it with 8'reeommendation of approval. He said correspondence on this petition was received, with six letters in favor and one in oppositiort. He noted the letter of op~osition was due to misinformation and after clarification by Staff, the objection was verbally withdrawn. Staff teeommends approval. In;re.pon.e to Chairman Hasse, planning/Zoning Director McKim stated .the docks are for private use only, however, renting of boat' docks is a problem throughout the County. She explained that Staff only becomes aware of this type of violation if there is a complaint. co..issioner .istor moved, seconded by commissioner Goodnight and oarried unenimously, that Resolution 87-260, .etition 'U-87-17C, for non-co~eroial boat launohing faoillties for property looated approximately 1/4 mile south of Bonite Beaoh Road and 3/4 mil. .est of Vanderbilt Driv., be adopted. n.),; q r'-'1, prr.q -,11'.1J, i; j ~ t I' c:~t!~ !b r Page 462 of 528 RESOLOTIOII 87- ~O OCT 271987 REUTlNG TO PI:TITlON 110. PU-87-17C FOR PROVISIONAL USI! OF PROPERTY IIEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS. tho LoShll.turo of tho St.to of Florido in Ch.ptor 67...1246, Lav. of Florid... and Chapter 125, Florida Statut.., h.. conferred Oft Collier CoUlJty the power to .at.bIt_h, coordinate and. 1'DI!orcI 1001nl and' .uch bu.inl.' rl.ulation. a. ar. uc....ry for thu prot.ction of tha pubU.c; and lREllEAS, Th. CoUDty purauant thlrlto ha. adoptld a eo.pr.han.lv. Zoning Ordinlncl ..tlbU.bins rlsulationa for the zonins of particullr I.llsr.phie divialona of the County. allOnl which 1a the Irautina of prllvi81on.al n.a.; and WHEREAS. the Colli.. County Pl.nnins eo..t..ion, beinl the duly pl,ointod .nd conotitutod platlninl bo.rd for tho .r.. horoby .ffoctld. hall b.ld . pubil.c h....i.n. .ftar Dotic. al in .aid r.gulat10111 ..d. Ind pt'lTf'ld.d. and ba. couaid.r.d the advlubl1ity of Proviliona1 U.. "a" in I lSF-4 zona for the prop4lrty harelnafter de.cribed. and baa found II a uttar of fact (Exhibit "A") tbat satilfaetary prCTf'illan and arrAngement ba. baen ..de eoncernlnl all applicabla ..ttlr. rlquirld by aid ra.ulation. and in 'lccordancl with Section 13 - 1d of thl ZoniDI Rogulation. for tho Collio.. County Pl.nDins eo-i..ionl .nd W'RER.!AS. all intlrllll:ld plrtil. ha". baln si"ln opportunity to be h..rd by thia Bo.rd in public ..otinl ......blod .nd tho Bo.rd ,,"viDl coneidar.d all _tt.r. pre:lantld. NOW, THEREFORE BE IT RESOLVED. BY THE BOARD or ZOlIIRG APPEALS of ColIior County, Florid. th.t tho potition of Co.ouDity Dovolop..nt 01"i.ioo. repra..ntiq tM 50ard 'Jf County Coadaaionerl, rith rllpect to the proparty herlinaftlr d.lcrib.d a.: loti 1 through 23, Block "en. Little Hickory Shore.. Unlt 13. II rlcorded in P~lt Book 6, PI.e 2. Official R.cord. of Collior County 1m lU9 Fl~l 27 Page 463 of 528 I""" 109fl'ot 28 l..'" b. and i:,\ I, OCT 271987 the .... i. hareby approved for Pt'ovl11onal U.. "a" of the ISr-4 lonlna diltrict for Non-t::o...rclal BOlt Lnunchlng Facf lit i.. t aubj.~t to tho follov1ns conditionl' a.At tial of obtaicinl a dock pl.-it, I risht-of-vay porait shall b. obtained Ind the owner ,hall provide Ree... iaprov...ntl to prevlnt daus_ to the rOldway and roadwlY drainlSI laprov...ntl. b. All boat doclta aractad on thl lubjoct lota ..ot cOllply with Section 8.46 of tho Zonins Ordinanco (82-2). BE IT FURTlIEIl RESOLVED that tbia raloluUon bl racordad in tha aioutal of thia acard. eo-i..loner offorad tha forlsoina rOlolutionPlator nd 8OVod itl adoption. ..condod by eoa.iaaionor C"'.nMl"d c:1hfo and upon roll call, the vote va.: AlESI Commissioners Pistor, Goodnight, Glass, Saunders and Hasse NATS I None AIlSEIIT AlID lOT VOTING. Ilone AIlSTEIlTIOII: None Ilcm. tbia 27th OCtober 1987.day of IOAlD or Z0II111G APPEALS COLL~' FLOlIDA" ~ ST. a IlAltA. SIt.J"'~ t\',\o/?la" Attta't, JAII!S"Cl. GILES. CLItRX BY'~-::"""")y~....5 vfr~ Magn, ~ty Clerk APPlllVED AS TO FOIlK A/lD LEGAL ~lJFFICIEJlCYI a ~,*..~ R. IlUCE I OM ASSISTAIIT COU1ITT ATTOlUIET PU-87-I7C ....olution Page 464 of 528 OCT 271987 EXIIIIIIT A FIIIDIlIO OF FACT BT COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-87-17C The followina facti ar. founds 1. Saction 7. I lb. ) ) (.) prntaloGa 1 u... of the Zoning OrdinancI authorized the 2. Grantina the prov1aionaI u.o viII not adv.r..ly affoct tha public inter.at and viII not adyer..ly .ffact othlr property or u... In the .... d1atrict or nailbborhood bICIU.. of: A. Caneral complianc. with the Comprahenlivl Plan: Compll.. with Comprehlnlivl Plan Tn..&.. No_ B. Ingr... and ISr... to prop.rty and propo..d structural thereon with particular raflrlncl to automotive Ind ped.ltri.D ..laty and convlniencl, traffic flow and control. and ace... in c... of fira or cata.trophl: Ad.qu.t~nlr... , aar... T.I -Z::.- Ko_ c. Affectl nlighbor101 proplrtie. in relation to noi.., alarl, economic or odor Iffectl: No .ff.ct or Affoct mitis.tod by Afflct cannot be _itig.ted D. Conaral compatibility vith adjacent proportio. and othor proporty in tho diotrict. Compatiblo uoa vithin diatrict Too ')( No _ I...d on the above flDd1nsa, this provisional use . stipulations, (copy attachld) (.k9~lA Mft~) b. rae DATE. /~/i7 I nID1IIll OF FACT FOIII oo~ JL()l}Pl~[ ~!} Page 465 of 528 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 48S RNG 25E SEC(S) 5 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION HICKORYLITTLE 1050'S59D27'W PUD 10 THIRD STREET WESTLELYBAREFOOTBEACH N89D44'W-2000.11' PUD18,19,20,21,25,68,82,91,96,107 A 5 8 1400' 9 5 7930"5 6 11,95BD 10 11 12 LITTLE HICKORY BAY N0D36'W-2555.33'2 3 4 1 15 F 13 14 16Pu"a "5 2 4 NON-STSTST PARCEL 5A59.55AC BAY5030,RMF-16 400'260'5 960' 18 32 22211920181614131512 WEST AVENUEFOREST AVENUEVANDERBILT DRIVE (CR901)22 DOLPHIN COVE COURTRSF-3 AUDUBON COUNTRY CLUB 6 28 SIXTH STREET WEST PUD232'19184 NON-ST 6 ST BD17 16 BD 15 14,42 20 15 14 8 1310BD 9 6 7 6 21 22 17BD 23 24 13 12 11 10 2625 27 E 9 8 7 E 7 116 6 2 21 20 1,2,9,31,34,46,101 5 4 8 2 1 6 4 29 30 31 5 4 3 32 33 2 1 4 6 5 9 8 3 2 18 12 10 1 SIXTH STREET 109 8 7 11 6 5 17 1110 1312 1413 4 3 15 2 1 15 14 1716 EIGHTH STREET SEVENTH STREET 19 5 4 31 124 23 3 2 13 12 2322 21 2524 20 19 15 14 11 10WEST17 16 9 8 29EAST 28 27 26 7 30 30 14 2726 18 17 2928 16 15 32 12 2031 13 34 33 11 10 21 RMF-12 25 24 23 22 1920 18 17 2 SIXTH STREET LAKEVIEW11 393635 9 8 3837 7 6 3 40 5 4 41 2 1 16 15 13 14 12 11 10 98 7 6 10 5 4 12 4 21 C-3 7 5 6 9 8 4 3DRIVE 1110 2 1 C-1 1312 3 2 1 3 17 12 5 2 1 11 22 5 20 5 23 24 RSF-4 22FIRST STREET RMF-6 HICKORY HARBOR CONDOMINIUM SECOND STREET B THIRD STREET 23 4 3 5 3 25 5 3 3V 24 4 3 3 4 6.4' S 3 0 D 3 3 " E350'2122 1 20 1819 32 4 5 24 23 1 2 22 21 20 19 43 65 7 6 FIFTH ST WEST RMF-12 5 34 12 D 6 D 1 2 4 3 FIFTH STREET 9 8 7 6 109 1211 5 4 16 3 2 14 13 15 1615 8 7 6 5 1514 13 12 1716 11 10 4 3 2 1 20 1918 9 8 217 9 141617 C 15 6 7 C 8 1213 10 11 10 151817 B 16 87 9 1314 11 12 1413 12 11 1615 10 9 18 17 8 7 19 6 6 V 1615 14 13 1817 12 11 20 2221 19 10 9 8 7 3 C-431.2 1.1 25 24 2.22 3 2223 A 2021 4 5 A 6 7 LEE COUNTYBONITA BEACH ROAD (CR 865) 11 16181917 8 9 10 15 14 12 13 3 1 1716 15 14 1918 13 12 23 22 9 2120 11 10 8 7 2 V 7 39 16 37 16 35 16 2 1 27 17181920222325242126 33 30 DRIVEDRIVEVALLEY1 20 19 14 22 21 VALLEY6 5 4 3 23 2423 4 3 25 2 1 28 29 38 SHOREWOODSCONDOMINIUM35 34 37 36 Lot 1 13 FOURTH STREET 39 31 32 3433 35 36 3837 28 25 26 25 VALLEY DRIVE242221 4 23 3 2 1 27 26 27 2 2524 6 5 26 4 3 28 1 THIRD STREET 29 30 2324 3231 22 21 35 18 33 34 20 19 36 17 SECOND STREET 27 28 2324 29 30 22 21 33 18 31 32 1920 34 17 12356478910111215 48 FIFTH STREET 9 8 7 6 5 4 1011 9 8 1312 1514 3 2 41 40 43428 11 10 9 8 4544 4746 9 3 20 67 10 45 18 17 16 19 12C-32221 576 4 3 5049 5251 2 1 2 5453 1 46 7 44 7 14 13 39 38 15 14 4140 1213 5 4342 11 10 4544 89 37 36 1415 3938 13 12 4 424140 1011 43 89 4847 6 5 5049 34 5251 12 4645 56 4847 4 3 5049 12 33 16 2625 6 5 2827 4 3 ,23,8116V 3029 2 1 FIRST STREET 2625 24 23 2827 22 21 31 18 3029 20 19 32 17 42 7C-4 36 35 34 15 14 37 13 12 1 403938 11 10 41 9 8 4443 6 5 45 4 3 2 1 1 5 G BD ,V26,99 1234567891011121314151617181920212223 1234567891011H 27BD V28 29BD 1 GULFWAYCONDO HICKORY BAY WEST 32V BD33 BD35 36BD37CU BD38 CU 39 40BD 41BD BD43 44BD BD45 47BDBD48 49BD BD50 C U 5 1 BD52 BD53 BD54 55V BD56 58V 57V BD59 60BD 3 61BD CU62 BD63 BD64 V 65 66BD BD67 BD12 V 6 BD69 BD70 BD71 BD72 BD73 BD74 75BDBD76 BD77 V7879,104 105BD , V BD80 83BD 84BD 85,86BD BD 87 88BD 89BD90BD BD92BD93 BD,V 94 BD97 98V 100 V ,BD102103 BD106 108BD BD109 V, BD110 111 BD112 $NO. NAME P.B. Pg.1 BONITA SHORES NO.1 3 12 BONITA SHORES NO.2 3 433 LITTLE HICKORY SHORES NO.1 3 64 LITTLE HICKORY SHORES NO.2 3 795 LITTLE HICKORY SHORES NO.3 (REPLAT) 6 26 DOLPHIN COVE 19 55-56 INDICATES SPECIAL TREATMENT OVERLAY 8505N 8505S8506N LEE COUNTY1The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 R-82-11-C2 R-87-12C3 V-88-12 88-282456 3-11-97 V-96-33 97-1657 11-19-85 V-85-28C 85-2418 6-25-91 R-91-4 91-549 6-25-91 PUD-87-12(1) 91-5310 LDC-9111 3-5-92 BD-92-1 92-412 8-6-98 BD-98-28 98-3213 12-17-92 BD-92-9 92-2914 5-20-93 BD-93-5 93-1515 5-20-93 BD-93-6 93-1416 11-23-93 V-93-29 93-54817 12-2-93 BD-93-20 93-3718 PDA-85-1,2C19 PDA-86-17C20 PDA-86-18C21 8-2-88 PDA-88-7 88-6322 1-25-94 V-93-34 94-3623 3-8-94 V-94-1 94-15824 10-27-87 PU-87-17C 87-26025 5-24-94 PUD-77-19(6) 94-2826 6-15-95 BD-95-6 95-1927 9-7-95 BD-95-13 95-3128 9-12-95 V-95-12 95-53329 11-2-95 BD-95-18 95-4730 12-12-95 R-95-8 95-7531 1-9-96 PUD-82-11(3) 96-132 9-10-96 V-96-16 96-41933 10-3-96 BD-96-15 96-3534 11-12-96 PUD-82-11(4) 96-6935 12-5-96 BD-96-22 96-4636 12-19-96 BD-96-23 96-4737 1-14-97 CU-96-22 97-5038 4-3-97 BD-97-3 97-1239 4-22-97 CU-97-6 97-22340 5-15-97 BD-97-11 97-1841 7-3-97 BD-97-16 97-3242 9-4-97 BD-97-17 97-3643 6-4-98 BD-98-10 98-2044 5-21-98 BD-98-20 98-2545 9-17-98 BD-98-30 98-3946 9-17-98 PDI-98-4 8-3847 11-5-98 BD-98-32 98-4648 11-5-98 BD-98-34 98-4749 12-17-98 BD-98-38 98-5550 12-3-98 BD-98-36 98-5351 5-11-99 CU-99-4 99-23652 6-3-99 BD-99-8 99-2253 8-19-99 BD-99-16 99-3054 8-5-99 BD-99-12 99-2855 10-26-99 V-99-13 99-40056 1-20-00 BD-99-26 00-0157 2-8-00 V-99-26 00-5158 3-14-00 V-99-27 00-8559 2-17-00 BD-99-28 00-0360 5-4-00 BD-00-9 00-561 6-1-00 BD-00-8 00-1662 5-23-00 CU-00-1 00-15763 7-20-00 BD-00-13 00-1964 9-7-00 BD-00-18 00-2565 10-10-00 V-00-18 00-35366 11-16-00 BD-00-26 00-3467 5-3-01 BD-01-AR-351 01-0968 6-26-01 PUDA-01-AR-546 01-3569 10-4-01 BD-01-AR-1122 01-2570 4-4-02 BD-01-AR-1608 02-0371 9-5-02 BD-02-AR-2416 02-0672 9-16-02 BD-02-AR-2564 02-0573 12-19-02 BD-02-AR-3019 02-1074 2-5-04 BD-03-AR-4689 04-0275 7-15-04 BD-04-AR-5697 04-0876 7-15-04 BD-04-AR-5699 04-0777 7-15-04 BD-04-AR-5693 04-0678 5-24-05 V-04-AR-6970 05-21379 5-5-05 BD-05-AR-7155 05-0680 11-17-05 BD-05-AR-7970 05-1081 4-25-06 V-05-AR-8857 06-10882 5-23-06 PUDZ-04-AR-6283 06-2283 4-19-07 BD-06-AR-10900 07-0484 5-17-07 BD-06-AR-11004 07-0585 12-6-07 BD-07-AR-12154 07-0886 4-22-08 ADA-07-AR-12714 08-11987 11-22-08 BD-08-AR-13305 08-0588 5-6-10 BD-PL-09-918 10-0289 12-2-10 BD-PL-10-1297 10-0690 2-3-11 BD-PL-10-1313 11-0191 2-22-11 PUDA-PL-09-742 11-0492 9-6-12 BD-PL-12-26 12-0793 10-6-11 BD-PL-10-1473 11-0694 7-20-16 VA-PL-15-2429 AND BD-PL-15-37 HEX-16-2595 12-20-17 BD-PL-16-541 HEX-17-3596 9-11-18 PUDA-PL-17-4421 18-4197 1-18-19 BDE-PL-17-2736 HEX 19-0298 2-21-19 VA-PL-18-2673 HEX 19-0899 1-29-20 BDE-PL-18-3700 HEX 20-02100 1-29-20 VA-PL-17-1588 HEX 20-03101 1-28-20 PUDA-PL-19-502 20-07102 7-14-20 VA-PL-19-2360 20-128103 6-11-20 BDE-PL-19-1962 CCPC 20-02104 6-8-21 BDE-PL-20-2151 HEX 21-17105 6-8-21 VA-PL-20-2152 HEX 21-18106 9-24-21 BD-PL-20-1106 HEX-21-40107 5-12-22 PDI-PL-21-2729 HEX 22-22108 3-10-23 BD-PL-22-501 HEX 23-04109 8-9-23 BDE-PL-20-1107 HEX 23-23110 1-12-24 VA-PL-23-9299 HEX 24-01111 1-12-24 BDE-PL-22-6082 HEX 24-02112 4-9-24 BDE-PL-23-8785 HEX 24-20DEVELOPMENT STANDARDS MODIFICATIONS12-12-95 R-95-B 95-75THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. 0 400 SCALE4/19/2024Page 466 of 528 Page 467 of 528 Page 468 of 528 33'-2" [33.14]MEAN HIGH WATERRIPARIAN LINE RIPARIAN LINE 119'-1" [119.09] CANAL WIDTH123'-8" [123.64] CANAL WIDTHNEIGHBORING SEAWALLNEIGHBORING SEAWALL31'-10" [31.84] LOT WIDTH3" [0.27]1'-3" [1.24]7'-6" [7.50] SETBACK7'-6" [7.50] SETBACK3'-5" [3.44]4'-5" [4.40]BOAT LIFT14'-5" [14.40]6' [6.00]24' [24.00]4' [4.00]26'-10" [26.83]13'-5" [13.44]EXISTINGDOCK AND PILINGSTO BE REMOVED*2'-7" [2.57]BULKHEAD LINEP-6LEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK OVERVIEWSCALE:1" = 15'DATE:2016-11-16REVISION:2020-01-23 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED:OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN150Exhibit "A"Page 469 of 528 Benson BDE Petition 267 3rd St. W, Unit #3 Bonita Springs, FL 34134 PL20230018267 Page 470 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides 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 NOT 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. Backup provided by Applicant: 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. _ X__ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control _ X__ Affidavit of Representation Authorization _ 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 Agent Letter Pkg. ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _ X__ Deviation Justifications Page 471 of 528 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides _ 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 drive must contain the documents in one pdf file. It is the agent’s responsibility to ensure no documentation is left out. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative 10/17/24 Nick Pearson / Bayshore Marine Consulting LLC Page 472 of 528 Application Form Page 473 of 528 THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE APPLICANT INFORMATION PROPERTY LOCATION Section/Township/Range: / / Subdivision: Property I.D. Number: Lot: Block: Address/ General Location of Subject Property: Current Zoning and Land use of Subject Property: Boat Dock Facility Extension OR Boathouse Establishment Petition Land Development Code Section 5.03.06 Chapter 3 B of the Administrative Code State: Name of Property Owner(s): Name of Applicant if different than owner: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: City:City: State:State: ZIP:ZIP: Cell:Cell: City:City: ZIP:ZIP: Cell:Cell: Unit: Page 474 of 528 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 S E W DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): SITE INFORMATION ft. Measurement from: plat survey ft. other (specify) Provided: ft. Required: ft. ft. 1.ft. 2.ft. 4.Total Protrusion of Proposed Facility into Water: visual estimate 6.If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. ft. 7.List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 5.Number and Lengths of Vessels to Use Facitlity: 1.Water Width: 2.Total Property Water Frontage: 3.Setbacks: Page 475 of 528 To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No (If yes, please provide copies.) DOCK EXTENSION 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. 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 allow 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 permitted neighboring docks.) 9. Official Interpretations or Zoning Verifications: 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? Acres Page 476 of 528 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. 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.) 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. Page 477 of 528 ASSOCIATIONS 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. City: State: ZIP: City: State: ZIP: City: State: ZIP: City:State: ZIP: 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: Page 478 of 528 Page 479 of 528 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 *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Date 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. Printed Name Page 480 of 528 Narrative Statement Page 481 of 528 BAYSHORE MARINE CONSULTING, LLC www.Bayshore-Marine.com ● NICK@BAYSHOREMARINECONSULTING.COM ● 239-404-7982 Page 1 of 2 267 3rd St. West (Lot #3) - BDE Petition #PL20230018267 Narrative Description of Project Narrative description of project: (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The property at 267 3rd St. W (Lot #3, owned by James Benson though his own corporation (Benson FL RE LLC), since July of 2023, is an unconventionally sized boat slip lot located in the Little Hickory Shores subdivision of Bonita Springs. It is platted as being 32’ in width and fluctuating from 36 to 52’ in depth. However, the shoreline was originally constructed landward of the plat boundary, and so the actual depth of land within the property boundary fluctuates from only about 23’ to 26’. The shoreline, comprised of rip rap, matches the lot’s width at 32 linear feet. The lot is zoned RSF-4, which is intended for development with single-family residences. However, because of the lot’s small size, it cannot support a principle structure and so was approved with the other lots on the street for a conditional use, to be used essentially solely for boat dockage. As such, the lot is currently vacant with exception to the existing dock and single boatlift on site. The subject property and most of its riparian area was originally dredged from land per the enclosed historic aerial overlay. We propose to reconfigure the existing dock by removing the existing finger pier and replacing it with a new 4’ wide by 41’ long finger pier. With vessels included, this reconfiguration will bring the maximum protrusion of the facility to 46’ from the MHWL (which is the most restrictive point). The dock plan would continue to provide access to a maximum of 2 boatlifts and would be comprised of approximately 264 square feet of overwater decked area. One of the boatlifts would provide access to a 27’ LOA pontoon boat while the other lift would provide access to a single, 38’ LOA center console vessel. This would allow for 26’ of protrusion beyond the normally allowed 20’ of protrusion for this type of location. This design will also require a side setback variance from both side lot lines. The typical side setbacks required for properties with less than 60’ of water frontage is 7.5’. The proposed dock will provide 0’ side setbacks from both riparian lines. The side setbacks proposed per this design will be addressed by a separate, companion variance petition. The waterway at this location is approximately 133’ in width. With the proposed dock utilizing 46’ of this width, the remaining width is 87’. The opposite side of the waterway is owned by a residential condominium and is comprised entirely of mangroves. This location has been designated as a preserve and so will likely never be developed. Therefore, it is reasonable to believe that the waterway width should remain as 87’ in perpetuity. This width is sufficient for navigation to occur and so the proposed project should not cause navigational issues. Views should not be majorly affected considering that the project is actually very typical for the area. Per exhibit 07 of 08, Several other docks present similar or larger protrusion amounts, and cover more area of the water with canopy structures. Lastly, there are no seagrasses or other resources growing within the vicinity of the project site. Therefore, there is no reason to believe this project will cause any environmental impacts either. Considering the details above, we believe that this BDE would therefore allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water-based recreational activities while also maintaining the ability to safely ingress and egress with the applicant’s vessels. Page 482 of 528 Page 2 of 2 We have also provided an alternative design plan, visible on exhibit sheet 09 of 09 which consists of a mirror-image configuration of the proposed design seen on exhibit sheet 03 of 09. This alternative design is being provided so as to alleviate any potential concerns by either direct neighbor that may pertain to navigation, line of sight, etc. Proposed protrusion, provided side setbacks, and over water decking square footage in the alternative design would all remain the same as in the originally proposed design. Page 483 of 528 Property Information Page 484 of 528 Page 485 of 528 Page 486 of 528 Page 487 of 528 Warranty Deed Page 488 of 528 Page 489 of 528 Page 490 of 528 SunBiz Page Page 491 of 528 Page 492 of 528 Ownership Disclosure Form Page 493 of 528 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Page 494 of 528 d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 495 of 528 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. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Page 496 of 528 Affidavit of Authorization Page 497 of 528 Page 498 of 528 Petition Exhibits Page 499 of 528 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 26.327111LONGITUDE:W -81.8311311SITE ADDRESS:267 3RD ST. W. UNIT 3BONITA SPRINGS, FL 34134CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg LOCATIONMAP 9/18/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:01 OF 09LOCATION MAPBENSON DOCK2306409-18-24N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:56000760006SECTION:05TOWNSHIP:48 SCOUNTY:COLLIERRANGE:25 ECITY OF BONITA SPRINGSCOLLIER COUNTYPage 500 of 528 5.75.43.43.93.02.50.92.02.00.8PROPERTYBOUNDARYEXISTINGSEAWALLSCALE IN FEET4020100CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg EXISTINGCONDITIONS9/18/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWN.S.P.09-18-242306402 OF 09BENSON DOCKEXISTING CONDITIONS·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·EXISTING PROTRUSION FROM MHWL:31'133'20832-0.02'-0.58'SITE ADDRESS:,FL34134BONITA SPRINGS267 3RD ST. W. UNIT 3MHWLRIPARIANLINESDEPTHSAT MHWL3RD ST. W.NEIGHBORINGDOCK FACILITIESEXISTINGSEAWALL32'52'36'35'32'4'31'25'4'STANDARD 20-FT.PROTRUSION LIMIT26'23'EXISTINGDOCK ANDBOATLIFT27'Page 501 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024AA04SCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg PROPOSEDTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWPROPOSED PROJECTBENSON DOCK03 OF 092306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINEBB05STANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'38'27'14'12'4'25'41'DEPTHSAT MHWL0' SIDESETBACK0' SIDESETBACKPage 502 of 528 5.7' 3.9' 3.0' 2.5' 0.9'PROPOSEDFIXED DOCKMHWL -0.02' NAVDMLWL -0.58' NAVDSTRINGERCAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET16840CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg CROSSTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION AABENSON DOCK04 OF 092306409-18-24N.S.P.DOCK PILEDECKINGBOAT LIFTDEPTHS AT MLWEXISTINGRIP RAP46' PROTRUSION FROM MHWLMHWLSTANDARD 20'PROTRUSION LIMIT38' MAX. VESSEL LOA26' EXTENSIONPage 503 of 528 MHWL +0.01' NAVDMLWL -0.55' NAVDALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET1052.50CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg CROSSTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION BBBENSON DOCK05 OF 092306409-18-24N.S.P.BOAT LIFTDEPTHSVARY32'STRINGERCAP TIMBERDOCK PILEDECKINGBOAT LIFT PILE4'12'14'Page 504 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024SCALE IN FEET12060300CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg SRS 9/18/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWSUBMERGED RESOURCE SURVEYBENSON DOCK06 OF 092306409-18-24N.S.P.TYPICALTRANSECT LINESPROPOSEDDOCK10'NO SUBMERGEDRESOURCESOBSERVED WITHIN200' OF PROJECTMANGROVEFRINGE LINE200'130'Page 505 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024SCALE IN FEET16080400CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg ADJACENTTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWADJACENT DOCKSBENSON DOCK07 OF 092306409-18-24N.S.P.DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORPROPOSEDDOCK38'46'36'41'48'56'46'48'50'NEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 506 of 528 C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg 9/18/2024SCALE IN FEET8040200CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits.dwg WATERWAYTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWWATERWAY OVERVIEWBENSON DOCK08 OF 092306409-18-24N.S.P.DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORPROPOSEDDOCK133' WATERWAYWIDTH87' OF REMAININGWATERWAY FORNAVIGATIONNEIGHBORING DOCK NOTYET CONSTRUCTED;APPROVED VIA HEXRESOLUTION #2024-001AND #2024-002;Page 507 of 528 5.75.43.43.93.02.50.92.02.00.8C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits-Alternate 7-30-2024.dwgAA04SCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\0000 - THA Files\23064.00 - Benson - 267 3rd St W\CAD\PERMIT-COUNTY\BDE 2024\Benson-BDE-exhibits-Alternate7-30-2024.dwgPROPOSED DOCKTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWPROPOSED ALTERNATIVE DESIGNBENSON DOCK09 OF 092306409-18-24N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-0.58'-0.02'32208133'26426446'SITE ADDRESS:,34134FLBONITA SPRINGS267 3RD ST. W. UNIT 3PROPOSED DOCKAND BOATLIFTSRIPARIAN LINEBB05STANDARD 20'PROTRUSION LIMITCONTOURRIPARIAN LINEMHWL4'46'27'38'12'12'4'25'41'DEPTHSAT MHWL0' SIDESETBACK0' SIDESETBACKPage 508 of 528 Primary Criteria Page 509 of 528 Page 1 of 2 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. 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.) The subject property is zoned RSF-4 for a single-family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed project consists of a single dock with 2 boat lifts. Furthermore, nearly all other boat slip lots in the area have similar docking facilities with 2 boat slips. This criteria is therefore 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.) Most boatlifts vary between 10’ and 15’ in length and width on the lift pile centers. If a lift of this general size was installed inside the 20’ protrusion limit per Collier County’s L.D.C. (ignoring the fact that there is no reasonable way to fit the vessel proposed inside the riparian lines and normal protrusion limit), then this lift would be placed in approximately no more than 2.5’ of water at low tide as can be seen on exhibit sheet 04 of 08. Subtracting approximately 1.5’ of that depth which is required for the lift’s beams and bunks would leave only approximately 1’ of water for the larger proposed vessel to operate in. Most 38’ LOA vessels require approximately 3’ of depth to operate in when loaded with people, gear, gasoline, etc. and so 1’ of depth at low tide would be insufficient. This criteria is therefore 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.) There is no marked or charted channel at or adjacent to the proposed project location. Therefore, no marked or charted channels will be affected by the proposed project and this criteria is met. Page 510 of 528 Page 2 of 2 4. Whether or not 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 of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The waterway at this location is 133’ wide at its narrowest location. The applicant is proposing a dock that will protrude 46’ into the waterway from the MHWL. This protrusion amounts to 34.6% of the waterway width. However, the opposite shoreline appears to not be buildable as it has been placed within a preserve. Therefore, we can safely assume that all 87’ of remaining waterway will be left for navigation, which accounts for 65.4% of the waterway. Due to exceeding the typical 25% waterway width, this criteria appears to not be 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.) This dock facility is oriented in the same direction as all other docks along this portion of the waterway, which is in a shore-normal configuration. Neither the proposed side setbacks nor the protrusion being proposed is atypical for the area, and no neighboring docks should be affected by the project. This criteria is therefore met. Page 511 of 528 Secondary Criteria Page 512 of 528 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.) The parcel on which the proposed project is located is an unconventional sized lot that is too small for a principal structure to be located, and is intended essentially exclusively for the use of boat mooring. The lot is too narrow (especially when considering the usual 7.5’ side setbacks from both riparian lines) to reasonably moor a boat in a shore parallel configuration, which all but requires mooring in a shore- normal configuration. A shore normal configuration within the standard protrusion limit per Collier County’s L.D.C. would limit the property owner to mooring boats of 20’ LOA or less, which would severely restrict the overall and intended use of the lot. Furthermore, nearly all of the adjacent boat slip lots already have docks with similar configurations, protrusions, and provided side setbacks. This criteria is therefore 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 facility will utilize a 4’ wide by 41’ long finger pier attached to an existing marginal dock that together totals only 264 total square feet of over-water area. This square footage is substantially smaller than many of the surrounding docks and is not excessive in our opinion. This criteria is therefore 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 length of both vessels proposed (38’ and 27’ LOA) in this petition together do exceed 50% of the property’s 32’ of shoreline. This criteria is therefore not met. 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.) The proposed dock configuration will be in line with the other docking facilities on the street per exhibit 07 of 08. Additionally, the use of the facility for private, recreational purposes will continue to be consistent with the surrounding area as well. Therefore, the proposed project should not constitute a major impact to views of the neighbors. This criteria is therefore met. Page 513 of 528 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.) There are no seagrass beds present within a 200’ area surrounding the subject property and so no impacts to seagrasses are expected as a result of the proposed project. This criteria is therefore 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.) Section 5.03.06 of Collier County’s Land Development Code (LDC) stipulates that “multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection plan (MPP)”. The proposed project is for a private, recreational 2-slip dock associated with a single-family zoned lot in Little Hickory Shores. The proposed facility does not have more than 10 slips and so is not subject to review for consistency with Collier County’s MPP. This criteria is therefore not- applicable per county staff’s usual interpretation of the LDC. Page 514 of 528 Boundary Survey Page 515 of 528 Page 516 of 528 Submerged Resource Survey Page 517 of 528 SUBMERGED RESOURCE SURVEY REPORT AUGUST 2023 267 3RD ST. W, LOT #3 BONITA SPRINGS, FL 34134 FOLIO #56000760006 Page 518 of 528 267 3rd St. W, Lot #3 Submerged Resource Survey August 2023 1 1 INTRODUCTION Bayshore Marine Consulting, LLC (BMC) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at 267 3rd St. W, Lot #3 in Bonita Springs, FL 34134. The site is located within Section 5, Township 48 S, and Range 25 E of Collier County and can be identified by folio #56000760006. This resource survey will provide planning assistance to both the property owner and regulating agencies during any project review process. The subject property consists of a 0.03-acre parcel that can be found on a partially man-made waterway just south of Bonita Beach Rd. The lot is currently vacant except for an existing dock facility. The 32’ of shoreline at the property is comprised of rip rap. Adjacent to the rip rap is a marginal dock. Attached to the marginal dock is a finger pier and a single boatlift. The subject parcel is neighbored to the south, east, and west by single-family homes and to the north by the water, across which is a large swath of mangrove swamp. The immediate properties surrounding the subject property nearly all contain similar or larger dock facilities to that which is existing onsite. The SRS was conducted on August 9th, 2023, between approximately 2:00 p.m. and 3:00 p.m. Site conditions consisted of partly cloudy skies with a slight breeze. Water clarity was moderately poor, allowing for submerged visibility of approximately 1 to 2 feet. The ambient air temperature was approximately 92 degrees Fahrenheit and wind speeds averaged 5 - 10 mph from the west. The average ambient water temperature was approximately 85 degrees Fahrenheit. High tide occurred prior to the site visit at approximately 7:47 a.m. and reached approximately 2.2 feet above the Mean High-Water Mark. Low tide was achieved following the site visit at approximately 3:13 p.m., reaching approximately 0.3 feet above the Mean Low Water Mark. 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within or around the riparian area of the subject property. Ordinarily, if seagrasses are present within the vicinity of a proposed project area, an analysis will be required regarding species, percent coverage, and impacts projected by the project. The presence of seagrasses may be cause for re-configuration of the project design so as to minimize impacts. The scope of work performed during a typical submerged resource survey is summarized below: • BMC 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. • BMC personnel will identify submerged resources within the vicinity of the project site and delineate the approximate boundary limit of the resources. • BMC personnel will produce an estimate of the percent coverage of any resources found. Page 519 of 528 267 3rd St. W, Lot #3 Submerged Resource Survey August 2023 2 3 METHODOLOGY BMC intentionally designed the methodology of the SRS to cover the entire property’s shoreline and riparian area. 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 while using snorkel equipment, 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, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. 4 RESULTS The substrate found within the surveyed area consists of silty muck material with somewhat frequent sand and shell debris. Depths increased gradually with distance from the shoreline from approximately 0 to 6 feet. During the submerged portion of the survey, no seagrasses, living oysters, or other resources were observed in any capacity on the benthic surface. Two small patches of mangroves are found along the shoreline of the subject property. However, these are not within the footprint of any proposed structures and so should remain unaffected during construction of the proposed dock. Oyster debris could be seen on some of the rip rap and dock piles within the survey area as well. Accordingly, no impacts to submerged resources are expected to occur as the result of a dock project at the subject property. 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 oyster Crasostrea virginica Common barnacle Balanus sp. Upside-down jellyfish Cassiopea xamachana White mangrove Laguncularia racemose Red mangrove Rhizophora mangle 5 CONCLUSION The submerged resource survey was conducted and completed throughout the riparian area of the subject property and yielded no results besides mangrove growth. No seagrasses or other Page 520 of 528 267 3rd St. W, Lot #3 Submerged Resource Survey August 2023 3 resources were observed anywhere within the vicinity of the project site. Negative impacts to submerged resources are not expected as the result of the proposed project at this location. 6 PHOTOS Photo 1: Shoreline, dock facilities, and mangroves visible at the subject property. Photo 2: Mangroves visible on opposite side of the waterway. Page 521 of 528 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 26.327111LONGITUDE:W -81.8311311SITE ADDRESS:267 3RD ST. W. UNIT 3BONITA SPRINGS, FL 34134CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23064.00 - Benson - 267 3rd St W\CAD\SRS\Benson-SRS-exhibits.dwg LOCATION MAP 4/2/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:01 OF 03LOCATION MAPBENSON DOCK2306403-20-24N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:56000760006SECTION:05TOWNSHIP:48 SCOUNTY:COLLIERRANGE:25 ECITY OF BONITA SPRINGSCOLLIER COUNTYPage 522 of 528 5.75.43.43.93.02.50.92.02.00.8PROPERTYBOUNDARYEXISTINGSEAWALLSCALE IN FEET4020100CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23064.00 - Benson - 267 3rd St W\CAD\SRS\Benson-SRS-exhibits.dwg EXISTING CONDITIONS 4/2/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWN.S.P.03-20-242306402 OF 03BENSON DOCKEXISTING CONDITIONS·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·EXISTING PROTRUSION FROM MHWL:31'133'20832-0.02'-0.58'SITE ADDRESS:,FL34134BONITA SPRINGS267 3RD ST. W. UNIT 3MHWLRIPARIANLINESDEPTHSAT MHWL3RD ST. W.NEIGHBORINGDOCK FACILITIESEXISTINGSEAWALL32'52'36'35'32'4'31'25'4'STANDARD 20-FT.PROTRUSION LIMIT26'23'EXISTINGDOCK ANDBOATLIFT27'Page 523 of 528 C:\Bayshore Marine Consulting\23064.00 - Benson - 267 3rd St W\CAD\SRS\Benson-SRS-exhibits.dwg 4/2/2024SCALE IN FEET12060300CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23064.00 - Benson - 267 3rd St W\CAD\SRS\Benson-SRS-exhibits.dwg SRS 4/2/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWSUBMERGED RESOURCE SURVEYBENSON DOCK03 OF 032306403-20-24N.S.P.TYPICALTRANSECT LINESPROPOSEDDOCK10'NO SUBMERGEDRESOURCESOBSERVED WITHIN200' OF PROJECTMANGROVEFRINGE LINE200'130'MANGROVEMANGROVEPage 524 of 528 Historical Aerial Imagery Page 525 of 528 Page 526 of 528 Page 527 of 528 VARIANCE Petition No. PL20240004206 BOAT DOCK EXTENSION Petition No. PL20230018267 1 � HEX: November 14, 2024, at 1 P.M .. Growth Management Building 2800 North Horseshoe Drive, 609/610 Page 528 of 528