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HEX Final Decision 2024-65 (Amended)HEX NO. 2024-65 AMENDED HEARING EXAMINER DECISIONI DATE OF HEARING. December 129 2024 PETITION. Petition No. BD-PL20240006028 — 62 Dolphin Circle —Request fora 103-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 A the Collier County Land Development Code (LDC) for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 123 feet into a waterway that is 1,064± feet wide, pursuant to LDC Section 5.03.06.H. The subject property is located at 62 Dolphin Circle and is further described as Lot 92, Isles of Capri No. 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner requests a 103-foot boat dock extension from the maximum permitted protrusion of 20 feet to allow a new boat dock facility protruding a total of 123 feet. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The public hearing was conducted in the following manner: the County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 1 Amending &replacing HEX Decision 2024-65 to correct scrivener's error in Petition regarding Legal Description. 5. The County's Land Development Section 5.03.06.H. lists the criteria for dock facility extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria have been met.' Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi- family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The recor°d evidence and testimony fi°om the pzrblic hearing reflects that the criterion HAS BEENMET. The subject property is located within an RSF-4 zoning district and supports a single family dwelling for which the LDC allows hvo boat slips. The proposed project consists of removing the existing dock and boathouse to allotiv for a new residential docking facility with hvo slips, each with a boatlift; one for a 30 foot vessel, and the other is 5.5 feet by 20 feet for° ht)o PWCs. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) The r•ecord evidence and testimor�y.f°om the public hearing reflects that the criterion HAS BEEN MET. The applicant's expert states: "The proposed boat dock extension is necessary to extend out to sufficient water depths but is also limited by the State's aquatic preserve rules on the allowed overall protrusion being limited to terminating at the 4' MLW contour line, as the subject property is within the Rookery Bay Aquatic Preserve. Additionally, the aquatic preserve will not allow for any neiv dredging activities, which would limit the overall protrusion to reach sufficient water depths or create sufficient depths to reduce the overall proposed dock protrusion. Based on the owner's vessel and existing on -site Ttwter depths the BDE is needed to reach sufficient depths as shown on the attached BDE exhibits. " Zoning 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.) The record evidence and testimony fi°om the public hearing reflects that the criterion HAS BEEN MET. The applicant's expert states: "The proposed dockr'ng facility design is z The Hearing Examiner's findings are italicized. consistent with numerous other existing docking facilities along the subject and adjacent waterways. As proposed, the dock and boatlifts will not impact navigation within the subject waterway, nor will they alter the existing ingress/egress to both adjacent neighboring docks and the associated slips. There is no marked channel within Pompano Bay; therefore, the entire waterway provides safe navigation between the docking facilities, and no new impacts to navigation will result from the proposed project. " Zoning 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.) The record evidence and testimony fi°om the public hear°ing reflects that the criterion HAS BEEN MET. The approximate waterway width is 1, 064 feet. The requested total dock protrusion is 123 feet which is IL 56 percent of the width of the waterway. The clear distance between the subject dock facility and that on the opposite shore is 941 feet. Therefore, 88.44 percent of the waterway is 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.) The record evidence and testimony fi•orn the pzrblic hearing reflects that the cr°iterion HAS BEEN MET. The applicant's expert states: "The proposed docking facility design and overall location will not interfere with the existing adjacent dock facilities. As proposed, the dock will be within the allowed buildable area by providing the required setbacks, and therefore, the views into the subject waterway by the adjacent property) owners will not be impacted nor their access to their docks. " Zoning staff concurs that the existing boathouse is to be removed Additionally, the adjoining properly owner to the south provided a 'Letter of Concurrence for Setback Waiver" as part of the applicant's application to the Florida Departrvent of Environmental Protection (FDEP), essentially acknowledging the subject dock facility without objection. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The record evidence and testirnony from the public hearing reflects that the criterion HAS BEEN MET. The applicant's agent states: "The subject pr°oper•t�� is located within the Rookery Bay Aquatic Preserve, which has not been historically dredged within the proposed area of Pompano Bay. Due to this, the subject property shoreline would be considered a natural shoreline, consisting of riprap, scattered mangroves, and shallow 1vater° depths compared to most other adjacent waterivays. Additionally, the aquatic preserve will not alloiv any dredging activities to occur; therefore, the dock must protrude further out to reach adequate water depths, i-Which is limited to a 4' MLW contour line due to aquatic preserve dock design rules. " Given the expert's explanation of the State's aquatic preserve rules, Zoning 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.) The recor°d evidence and testimony ji°om the public hearing r°effects that the criterion HAS BEEN MET. The applicant's expert states: "The proposed docking facility has been fidly minimized to the fullest extent possible and still provides deck area for routine maintenance, safe access as well cis recreational activities like fishing plus storage for these activities the dock provides. The total over -water square footage is 899 square feet. " Zoning 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.) The record evidence and testimony from the public hearing reflects that the criterion HAS NOT BEEN MET. The proposed dock facility has been designed for mooring a 30 foot vessel and hino 12 foot PWCs; thus, the vessels total 54 feet. The total shoreline at this location is 65 feet; therefore, the vessels will exceed the 50 percent threshold. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The applicant's expert states: "The existing on -site conditions consist of ci :)-rand docking facilio) with a boathouse, so both adjacent neighboring property miners are used to having a dock along the subject propery) shoreline. As proposed, the dock has been designed within the designated setbacks and is consistent 1vith the other existing boat docks ivithin the subject lvaterivay, l-Which are perpendicular to the shoreline in order to remain within the riparian area. Both adjacent properties have docking facilities as ivell, and it's our opinion that there hill be no neiv impacts on either adjacent property owner. Additionally, this is a boating community; therefore, docks are all part of the overall atmosphere in the community. " Absent evidence to the contrary, Zoning 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.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. There is no seagrass beds present on the property northe neighboring properties vnithin 200 feet of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) The record evidence and testimony fi°om the public hearing reflects tl2at the criterion is not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single family dock facilities except for those within the seaivalled basin of Port of the Islands; the subject property is not located within Port of the Islands. 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 riprapped shoreline. The property contains mangroves and any impacts on 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 8 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 this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.1-1 of the Land Development Code to approve this Petition. The Petition meets 5 out of the 5 primary criteria and 4 out of the 6 secondary criteria, with one criterion being not applicable. DECISION. The Hearing Examiner hereby APPROVES Petition Number BD-PL20240006028, filed by Jeff Rogers of Turreil, Hall &Associates, Inc., representing Francis M. Bruno, with respect to the subject property described as located at 62 Dolphin Circle, also known as Lot 92, Isles of Capri No. 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida, for the following: • The petitioner requests a 103400t 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 100 feet or greater in width to allow a new boat dock facility protruding a total of 123 feet into a waterway that is 1,0641 feet wide, pursuant to LDC Section 5.03.06.H. Said changes are fully described in the Zoning Map attached as Exhibit "A", the Proposed Site and Dock Plans attached as Exhibit "B", the Map of Specific Purpose Survey attached as Exhibit "C", and Plat - PB3 PG16 attached as Exhibit "D", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Zoning Map Exhibit B — Proposed Site and Dock Plans Exhibit C — Specific Purpose Survey LEGAL DESCRIPTION. The subject property is located at 62 Dolphin Circle also known as Lot 92 Isles of Capri No 1 in Section 31 Township 51 South Range 26 East, Collier County, Florida. CONDITIONS. • All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. January 22, 2025 Date Andrew Dickman, Esq., AICP Hearing Examiner O FM W -- H Q � J LO 0 � 0 rn � 0) M CLO 0 N � N 0 N � � N LO N 00 N � oo rn BD-PL20240006028 — 62 Dolphin Cir Page 2 of 8 November 20, 2024 Z aGu�i, OC pICXIC� Z UK W W �a ]O N(L n. cq 3 ti1 z i L f I'r.., N crr p n; r,' 4` W N P ,1 • 0 +� Fill ltj'lr�P w ms 11 0 F �r IF Fq J �..: , 4 ® U9 W W ❑ ❑ U ❑i N N r ; W J J U 0:M Z cv O W a OD d U M Na rnr uWicWLd n Q N Z Z 6 Z� a0 (� z U L*u Z Z F Ur Wz Li ZWO g A � o -� J a U. 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