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HEX Agenda 03/13/2025COLLIER COUNTY Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 March 13, 2025 2:00 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.PadrongCollierCou�FL.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. PETITION NO. BD-PL20240007420 - Waskals FL Dock -185 Topanga Drive - Request for a 32.25-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by section 5.03.06.e. I of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 52.25 feet into a waterway that is 209± feet wide, to accommodate a new docking facility with two slips, each with a boatlift, one for a 28-foot vessel and the other for a 35-foot vessel, and a third lift to be decked over and used for two Personal Watercraft (PWC), for property located at 185 Topanga Drive and further described as Lot 90, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 (2025-843) Page 1 of 205 3.B. PETITION NO. VA-PL20240008511 - Collard Dock - 9990 Gulf Shore Drive - Request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the required northern side yard riparian setback of 15 feet to 8 feet for a dock facility on a lot with 67 feet of water frontage, located at 9990 Gulf Shore Drive and further described as Lot 29, Block B, Re - Subdivision of Part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion Item PL20240008508) [Coordinator: John Kelly, Planner III] Commission District 2 (2025-844) 3.C. PETITION NO. BD-PL20240008508 - Collard Dock - 9990 Gulf Shore Drive - Request for a 30-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 50 feet into a waterway that is 551.8 feet wide, pursuant to LDC Section 5.03.06.H for property located at 9990 Gulf Shore Drive and further described as Lot 29, Block B, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion Item PL20240008511) [Coordinator: John Kelly] Commission District 2 (2025-845) 4. New Business S. Old Business 6. Public Comments 7. Adjourn Page 2 of 205 3/13/2025 Item # 3.A ID# 2025-843 PETITION NO. BD-PL20240007420 - Waskals FL Dock - 185 Topanga Drive - Request for a 32.25-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by section 5.03.06.e.I of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 52.25 feet into a waterway that is 2097L feet wide, to accommodate a new docking facility with two slips, each with a boatlift, one for a 28-foot vessel and the other for a 35-foot vessel, and a third lift to be decked over and used for two Personal Watercraft (PWC), for property located at 185 Topanga Drive and further described as Lot 90, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 ATTACHMENTS: 1. Staff Report 02262025 2. Attachment A - Proposed Dock Plans 3. Attachment B - Specific Purpose Survey 4. Attachment C - Boundary Survey 5. Attachment D - Applicant's Backup 6. Attachment E - Public Hearing Sign Posting 7. Attachment F - Correspondence - Barefoot Bay POA, Argust - Objection Letter Page 3 of 205 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 13, 2025 SUBJECT: BD-PL20240007420, 185 TOPANGA DRIVE WASKALS FL DOCK PROPERTY OWNER/APPLICANT: Waskals FL, LLC 444 Oak St. Kersey, PA 15846 REQUESTED ACTION: AGENT: Jeff Rogers Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a 32.25-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E. I of the Collier County Land Development Code (LDC) for waterways greater than 100 feet in width, for a total protrusion of 52.25 feet into a waterway that is 209f feet wide, to accommodate a new docking facility with two slips, each with a boatlift, one for a 28-foot vessel and the other for a 35-foot vessel, and a third lift to be decked over and used for two personal watercraft (PWC), for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 185 Topanga Drive and is legally described as Lot 90, Southport on the Bay, Unit One, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within Tract H, a residential component of the Lely Barefoot Beach Planned Unit Development (PUD) and comprises 0.43± acres. The petitioner desires to construct a new boat dock facility with two boat slips, each with a boatlift, one for a 35-foot vessel and the other for a 28-foot vessel, and a third lift to be decked over for two personal watercrafts (PWCs). The proposed dock facility will protrude 387L feet from the Mean High -Water Line (MHWL) into a waterway that is 209f feet wide. The subject dock facility will cross a 20-foot conservation easement for which the Conservancy of Southwest Florida has provided a letter of no objection. BD-PL20240007420 — 185 Topanga Dr Page 1 of 8 02/26/2025 Page 4 of 205 m O Go O U m cc co V "f NN m n ® pip V O F a CD0--O_ a ap m, DU I` V J LL Ld W 0 Q J p N co � n clj cn m R• Alb 4Oeag jOO#�eB J ' I d a hI �,• �i 78 yaeaa �Wlaaga o y � �o = z W 0 Q ao J N 0 CD CD O N O N J d L E 73 0 LO 0 N O N 0) co d BD-PL20240007420 — 185 Topanga Dr 02/26/2025 Page 2 of 8 SURROUNDING LAND USE & ZONING: North: Little Hickory Bay then Tract C, which supports entry features, a gatehouse, and a private dock facility owned by the Lely Barefoot Beach Property Owners Association, of the Lely Barefoot Beach PUD South: Topanga Drive, Right -of -Way, then a single-family residence located within the Lely Barefoot Beach PUD East: Unimproved property located within the Lely Barefoot Beach PUD West: A single-family residence located within the Lely Barefoot Beach PUD Collier County GIS Remainder of Page Left Blank BD-PL20240007420 — 185 Topanga Dr 02/26/2025 Page 3 of 8 Page 6 of 205 ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to granting this request. The shoreline for this property contains mangroves. The proposed dock will be constructed waterward through the mangrove fringe. The access walkway will be 4 feet wide and built within the footprint of the existing dock. Any additional impacts to mangroves will require written approval from the Florida Department of Environmental Protection (DEP). A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. The property contains a conservation easement just landward of the mean high- water line (OR Book 1756 PG 1358). 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. The subject property is improved with a single-family residence within a residential component of a PUD. The petitioner desires to construct a dock facility with two boat slips, each with a boat lift, one for a 35-foot vessel and the other for a 28-foot vessel, and a third lift to be decked over for two personal watercrafts (PWCs). Historically, staff has not deemed decked -over lifts serving PWCs to count toward the boat slip count. 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 subject property's shoreline consists of a natural mangrove rip -rap bank that is located within a platted conservation easement (CE) that cannot be impacted by anything other than a 4-foot-wide access walkway to the proposed dock. The dock must extend past the mangroves to avoid impacts and reach water depths sufficient to BD-PL20240007420 — 185 Topanga Dr 02/26/2025 Page 4 of 8 Page 7 of 205 accommodate both boatlifts. As demonstrated by the provided Cross -Section (plans sheet 07 of 12) and the provided Boundary and Topographic Survey, there is insufficient water depth to allow for the launching and mooring of the proposed vessels at MLT without the requested extension. 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.) Criterion met. The proposed dock facility does not intrude into any marked or charted navigable channel and is near the terminus end of the bay with little navigation other than for neighboring properties. The subject property is located at the widest portion of this section of the waterway. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The subject waterway is approximately 209E feet wide as measured from MHWL to MHWL and the requested protrusion is 52.25 feet; therefore, the proposed dock facility will occupy 25 percent of the width of the waterway. Given the mangrove shoreline on the opposite shore, it is doubtful a dock facility could be constructed; therefore, the open distance between the proposed dock facility and the MHWL is 160 feet, hence 76.56 percent of the waterway will 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 proposed dock facility is located well within the required setbacks and, given the shape of the property, should have little to no impact on neighboring dock facilities. 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.) Criterion met. The subject property has a natural mangrove shoreline that cannot be impacted or removed because it is recorded as a Conservation Easement, which requires the dock to be on the waterward side of the mangrove fringe; the dock has been designed with a 4-foot-wide walkway to transverse the conservation easement. 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. BD-PL20240007420 — 185 Topanga Dr Page 5 of 8 02/26/2025 Page 8 of 205 Criterion met. The applicant's agent states: "The proposed docking facility has been fully minimized by only providing a 4-foot-wide access walkway expanding out to 5 and 6 feet past the mangrove fringe. As designed, the dock will provide sufficient deck area for routine maintenance, safe access, recreational activities like kayak/paddleboarding, and storage for these activities. The total over -water square footage is 832 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 136.627L feet of waterfrontage. The primary vessels to be moored at this dock facility are 35 feet and 28 feet for a total of 63 feet. Given that the proposed PWCs will be parked side -by -side, staff feels it is appropriate only to include one for this measurement. Sixty-three feet plus 12 feet is 75 feet or 54.9 percent of the shoreline. The applicant's agent did not count the PWCs in their calculation; therefore, there is a disagreement between the county and their agent as to whether this criterion is satisfied. 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 existing on -site conditions consist of a heavily vegetated natural mangrove shoreline. As proposed, the dock has been designed within the designated setbacks and is consistent with the other existing boat docks within the subject waterway. The adjacent property to the west also has a docking facility and a cluster of docks across the waterway. Based on this and the fact that this is a boating community, it's our opinion that there are no new impacts to either the adjacent property owners' current view." 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 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 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 this request complies with all five of the Primary Criteria and four of the six Secondary Criteria, with the sixth criterion not applicable. BD-PL20240007420 — 185 Topanga Dr 02/26/2025 Page 6 of 8 Page 9 of 205 CONCURRENT LAND USE APPLICATIONS: • Building Permit No. PRFH2O231148876 issued on 02/21/2024 for a two-story single-family residence APPEAL OF BOAT DOCK EXTENSION: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved party 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 Hearing Examiner approves the petition, 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. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BD- PL20240007420, to allow for the construction of the proposed dock facility as depicted within Attachments A and B, with the following conditions of approval: 1. Before issuance of the building permit, a supplemental planting plan must be provided and approved to plant native plants within the conservation easement. 2. A Certificate of Completion for the subject dock facility may not be issued until a Certificate of Occupancy has been issued for the principal structure. Attachments: A) Proposed Dock Plans B) Specific Purpose Survey C) Boundary Survey D) Applicant's Backup, application, and supporting documents E) Public Hearing Sign Posting F) Correspondence BD-PL20240007420 — 185 Topanga Dr 02/26/2025 Page 7 of 8 Page 10 of 205 W ,• Q 00 F � s� 00 y � o z `. �o 0 o= O z p zr-0 W U W � a w w rt rt x Uj a 0 U K m0 _ U H W co/ A U7 U I W LU ^ d Q m 0 cv) J LL 07 d M Z N O w o Z Cn U) L/ z e w � Z J r W j Q} d ~ a U Q a O Z (D z Z) U a ILL D �� - � O v v wp } U I 0 LW M 0 O Y p LL J w J �LL o N J QW J O (fir)^ Z z ,� o (DG 0 V z I� tb N N O.. (n Q Hti � W d�O wLu(2 H rn rn Lzi m '� Z � zv � ' � z� W a 7�w0 >zz g x�¢� W = � ,. 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N3 JNIa33NIJN3 J IVlsvoo _ � 03 o� aer LL� 0 a;m�m p LL w w m - m _ a "�z ¢go� ova o w_m `u3m rc�irca ioac� 0.2 o as=" Uogo -m w W� z� �Ro off. w6 o my z°°mw>�mmwao� m wi. Jo o0 c9� m. 6 W. �p� .a m i � 1 I I / I / \\ / 00 // / I / 0 I / 1 a) rna \ I r w. Up= I , - a `�v \ w \ \\ (S),9a.Ssoz 3.9z8s<9BS S.b0o50S I Z oa •.,� \ (dSIi.LL'BOZ 3I II W F < w F \ \ CDz Oro In ,�aoa U O/y0 w w [ 09 pO \ o \ \ - \ L0 C) N O CO N N (6 d BD-PL20240007420 - 185 Topanga Dr HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. 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 RepFesentati^^ 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 Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\Job Aides or Help Guides Page 27 of 205 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. 2/5/2025 Signat a of Agent Representative Date Jeff Rogers Printed Name of Signing Agent Representative Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Page 28 of 205 Co*eY Cau-Int y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Boat Dock Facility Extension OR Boathouse Establishment Petition Land Development Code Section 5.03.06 Chapter 3 B of the Administrative Code THIS PETITION IS FOR (check one): �✓ DOCK EXTENSION ❑ BOATHOUSE APPLICANT INFORMATION Name of Property Owner(s): Waskals FL LLC Name of Applicant if different than owner: Brian Wasko Address: 444 Oak Street Telephone: E-Mail Address: bwasko444@gmail.com Name of Agent: Jeff Rogers & Caitlin Eucker Firm: Turrell, Hall & Associates, Inc. City: Kersey State: PA Zip: 15846 Cell: Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 E-Mail Address: Jeff@thanaples.com & Caitlin@thanaples.com Section/Township/Range: 6 48 / 25 Cell: 239-784-0081 PROPERTY LOCATION Subdivision: 636400 - SOUTHPORT ON THE BAY Address/ General Location of Subject Property: 185 Topanga Dr. Naples, FL 34134 Property I.D. Number: 74435007808 Current Zoning and Land use of Subject Property: PUD - Vacant Lot Unit: 1 Lot: 90 Block: 03/2023 Pagel of 7 Page 29 of 205 Co*eY Cau-iKt y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N PUD Little Hickory Bay S PUD Topanga Drive E PUD Vacant Lot W PUD Residential Single-family DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): See attached SITE INFORMATION 1. Water Width: 209 ft. Measurement from ft. other (specify) 2. Total Property Water Frontage: 136.62 ft. 3. Setbacks: Provided: 25 & 2E ft. Required: 15 & 1E ft. 4. Total Protrusion of Proposed Facility into Water: 52.25 5. Number and Lengths of Vessels to Use Facitlity: 1. 35 ft. 2. 28 ft. ❑ plat ❑ survey Z visual estimate 6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. 75'+ ft. 7. List any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: There are a number of existing docks on the subject waterway that have a similar protrusion ranging from 24', 25', 26' 28', 33', 38', 41', 46', 47', and 56'. 03/2023 Page 2 of 7 Page 30 of 205 Cott ier COUVIty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 8. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.43 Acres 9. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property Yes No (If yes, please provide copies.) within the last year? ❑ I DOCK EXTENSION PRIMARY CRITERIA I The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to 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.) 03/2023 Page 3 of 7 Page 31 of 205 • Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov DOCK EXTENSION SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage.(The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 J must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) BOATHOUSE CRITERIA The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in determining its recommendation to the decision maker. The decision maker will utilize the following criteria as a guide in the decision to approve or deny a particular Boathouse request. In order for the request to be approved, all of the criteria must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses and covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a palm frond "chickee" style. A single-family dwelling unit must ve constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the gratest extent practical. 03/2023 Page 4 of 7 Page 32 of 205 Co*er COunt y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ASSOCIATIONS 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: Lely Barefoot Beach Master Association Mailing Address: 195 Barefoot Beach POA City: Bonita Springs State: FL ZIP: 34134 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: City: City: State: ZIP: State: ZIP: State: ZIP: City: State: ZIP: 03/2023 Page 5 of 7 Page 33 of 205 Co*er Cou11t y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑✓ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ✓❑ Property Ownership Disclosure Form ❑✓ Affidavit of Authorization, signed and notarized Q Completed Addressing Checklist Site plan illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline ❑ ❑ (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Signed and sealed survey ❑ ❑ Chart of site waterway ❑ I ❑ 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 34 of 205 Co*er CDu14t y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ Addressing: Parks and Recreation: ❑ City of Naples Planning Director ❑ School District (Residential Components): ❑ Conservancy of SWFL: ❑ Other: Emergency Management: Other: ❑ ❑ FEE REQUIREMENTS: �✓ Boat Dock Extension / Boathouse Petition fee: $1,500.00 �✓ Pre -Application Meeting fee $500.00 ❑� Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑� If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) Fire Planning Review fee: $100.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Jeff Rogers Printed Name 11 /14/2024 Date 03/2023 Page 7 of 7 Page 35 of 205 Narrative Description: The proposed Boat Dock Extension request is to construct a new single- family docking facility with three boatlifts located at 185 Topanga Dr. in Bonita Springs. The subject property is located on a natural waterway considered to be state lands that has been man -altered over the years during the development of the surrounding area just off Little Hickory Bay. The subject property has a natural vegetated shoreline that is considered a Conservation Easement (CE) extending from the Mean High -Water Line (MHWL) landward 20- feet. This CE area is required to remain in a saltwater marsh habitat condition. Based on the property existing conditions the most restrictive point is the MHWL therefore the proposed docking facility overall protrusion will be taken from that point. Additionally, the applicant is currently constructing a new single-family residence on the subject upland property and has been issued a building permit, building permit no. PRFH2O231148876. The required inspections are in progress. The reason for this extension request is due to the natural mangrove shoreline which cannot be impacted other than by the trimming of some lateral branches therefore a BDE is the only way most docks in this area have been approved over the years. As proposed the dock will have a total of 3 lifts, one being for a 35-foot vessel, the other for a 28-foot vessel and the third is a decked over jetski platform lift. The proposed dock will protrude approximately 52.25-feet from the MHWL line and therefore the applicant is requesting a 32.25-foot extension over the allowed 20-feet. The subject waterway is approximately 209-feet wide and as proposed the dock and boat lifts would protrude 25% into the subject waterway. The subject waterway is an unmarked navigable waterway and completely open to navigation between the other existing docking facilities. Based on this there are no new impacts to navigation within the area that will result from the proposed dock being constructed as proposed. Additionally, the proposed dock will provide 25-foot setbacks which will meet the state required setback and exceed the side yard setback requirement outlined in the Collier County LDC of 15-feet from both riparian lines for lots with 60-feet of shoreline or greater. There are no impacts to any submerged resources and the only proposed impacts to the mangrove shoreline will be from the installation of the access walkway being a 4-foot as allowed per the CE requirements. The deck area has also been minimized and still provides sufficient surface area for recreational activities, routine maintenance, and associated storage. Finally, the proposed dock design and overall protrusion is consistent with the other previously approved docking facilities on the subject waterway. Page 36 of 205 Collier County 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. Applicant Contact Information *Name of Owner/Agent: Jeff Rogers Firm [if agent]: Turrell, Hall & Associates, Inc. *Address: 444 Oak Street *Telephone: *City Cell: *E-Mail Address: bwasko444@gmail.com Kersey Location Information *State: PA *ZIP: 15846 Fax: *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: 74435007808 *Legal Description of subject property or properties [Attach list if necessary]: SOUTHPORT ON THE BAY UNIT ONE LOT 90 OR 1435 PG 2351 Street Address(es) where applicable, if already assigned: 185 Topanga Dr. Bonita Springs, FL 341034 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.colhercountyfl.gov/ Page 37 of 205 Collier County 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 of project name and/or street name may be requested by contacting us at GMD Addressing(cDcolliercountvfl.gov or 239-252-2482 prior to your submittal. Current Project Name: 185 Topanga Dr. Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-44, PPL-2002-AR-#444, PL2017000#44#] Submittal Requirement Checklist 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. 0 List of additional folio numbers and associated legal descriptions. ❑ E-mail from Addressing Official for any pre -approved project and/or street names. ❑ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Portal: https://cvportal.colliercountvfl.qov/citvviewweb Questions? Email: Front. Des k(a-)col I iercou ntyfl. gov 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 • xx x� x� xollicrcountvfl.gov- / Page 38 of 205 4 e° `d w W w e o 4 IL of 00 LL LU O C Z Oz L: E<� LLZ mJ�n -3p,� r .I f r Ln 0 CN II O n. M O m E f6 a LA dl a kn w 0 C eo o E 11 L N Y IO L m m a b m 9 G m r� � E m a.+ 8 dl d m dl . E O f9 0 r4 th � du d W kq to ` 0 0- Au 6 01 i AN J r LL kb .!n CL � a •3C CL 111 CO�ler County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 'ROPFRTY n%AiKirR-,miD nlSCLOc-1 iRF FnRn/1 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 I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Waskals FL LLC Brian Wasko 50 Tricia Wasko 50 444 Oak St. Kersey, PA 15846 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Page 1 of 3 Page 40 of 205 CO�ler County 0 e f f* Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, JLUL.RI IUIUCI J, UCI ICI lual ICJ, UI i.Jdl LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 41 of 205 Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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. 1 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 GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov k�_ 11 /14/2024 Agent/Owner Signature Date Jeff Rogers Agent/Owner Name (please print) 01/2023 Page 3 of 3 Page 42 of 205 INSTR 6320417 OR 6183 PG 1986 E-RECORDED 10/21/2022 10:11 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $12,775.00 REC $18.50 CONS $1,825,000.00 This instrument prepared by & return to: Chris Conn Cona Law PLLC 3765 Airport Pulling Road N. Suite 201 Naples, FL 34105 Consideration: $1,825,000.00 Rec.: $12,775.00 Tax ID No: 74435007808 Our File: 01271 General Warranty Deed Made this 20th day of Octa , 2022 by 185 Topanga Dr., LLC, a Florida limited liability company, whose post office address is: 1 S 0 1, Suite 110, Naples, FL 34110, hereinafter called the grantor, to: Waskals FL, LLC, a Florida limited l ab " > .company, whose post office address is: 444 Oak Street, Kersey, PA 15846 hereinafter called the grantee, a (Whenever used herein the lferrn, ntor" and "grantee" include all the parties to this instrument :. and the heirs, legal represen'ttve and assigns of individuals, and the successors and assigns of corporations) , WITNESSETH: that the grantor, for and•;j Five Thousand and 00/100 Dollars ($1,825,0 acknowledged, hereby grants, bargains, sells, that certain land situated in Collier County, F Lot 90, Southport on the Bay, Unit One, ace Pages 51 through 53, inclusive, of the Public Parcel ID Number: 74435007808 :ion of the suln of One Million Eight Hundred Twenty - other valuable considerations, receipt whereof is hereby ices, releases, conveys and confirms unto the grantee, all the plat thereof, as recorded in Plat Book 15, 0 Collier County, Florida Together with all the tenements, hereditaments and appurtenan&6JfkA,6tp belonging or in anywise appertaining.` 1 To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is law f� d of said land in fee simple; that the grantor has good right and lawful authority to sell and convey saidl" d,'t t the grantor hereby fully warrants the title to said land and will defend the same against the lawful claim alrsons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to D rq Oj, 2021. Page 43 of 205 *** OR 6183 PG 1987 *** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in Our Presence. - Print Name Witness Print Name State of Florida :. County of Collier The foregoing instrument was acknowled� notarization, this day of October, 2022 limited liability company, on behalf of the c license as identification. [Seal] =PU E or Ffortd 9399� 185 TOPANGA DR., LLC, a Florida limited liability company By: Kevin Tho Manager me by means of [physical presence or [a] online bomas as Manager of 185 Topanga Dr., LLC, a Florida is personally known or [j has produced a driver's Print My( Page 44 of 205 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240007420 1 I, f 1, 1/�f A IJ (.\ S \J,4 (print name), as JA A AJ A Ac-T—eh-(title, if applicable) of l (companyff applicable), swear or affirm under oath, that I am the (choose one) ownerF5ZJ applicant=contract purchaser=and that: 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. 1 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 and restrictions imposed by the approved action. 5. We/I authorize -Turaell, Hall & Associates, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • 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 fact tateri are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER �IThe foregoing instrument was ackno leged before me by means ofphysical resence or Monline notarization this Al day of ��7 r , 20A, by (printed name of owner or qualifier) * �� Q �1 U 1 OJ2W Such person(s) Notary Public must check applicable box: ffAre personally known to me 0 Has produced a current drivers license Q Has produced as identification. Notary Signature: V)nja 0--T"a0,C &% t n eAZ Commonwealth of Pennsylvania - Notary Seat Donna M. Facchine-Ott, Notary Public Elk County My commission expires July 15, 2028 Commission number 1047331 Member, Pennsylvania Association of Notaries CP\08-COA-00115\155 REV 3/4/2020 Page 45 of 205 W ,• Q 00 22 F � s� 00 y � o Z °o _ Z z `. �o 0 o= O z p zr-0 W U W � a w w rt rt x Uj a 0 U K m0 _ U H W co/ A U7 U I W LU ^ d Q m 0 cv) J LL co d M Z N O w o Z Cn U) L/ z e w � Z J r W j Q} d ~ a U Q a O Z (D z Z) U a ILL D �� - � O v v wp } U I 0 LW M 0 O Y p LL J w J �LL o N J QW J O (fir)^ Z z ,� o (DG 0 V z I� tb N N O.. (n Q Hti � W d�O wLu(2 H rn rn Lzi m '� Z � zv � ' � z� W a 7�w0 >zz g x�¢� W = � ,. 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S € sa =€ohs N =� _ o �_�LL€ H �o ogR oHffi zow cw9�"ma A% rc � p °°p m w o °�t p6 �3 zwl � my I l 00 / w 0 / \ I I I / / _ I I� 00 I �zcw- \ Jigy \\3 \\ 4• \ LL 11 �_♦—$� b Sm `. C) z o �m 9Z lS).9Z'S0Z 3.S9.9 111 Z m a F 11 W (dS1s,Lt'90Z 3.9 .p0.S55 oz i wr� Co w w \\ Q�00 O)a, o— V vve LL \tiE \sz' w co $; \ .\•\\ \ boy mo d O� J m \\6 w3 \ it w� N y 04 185 ToPANGA DR. BONITA SPRINGS, FL 34134 SUBMERGED RESOURCE SURVEY REPORT MARCH 2O24 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES.COM Page 59 of 205 Table of Contents 1 Introduction.......................................................................................................................................1 2 Objective.............................................................................................................................................2 3 Methodology......................................................................................................................................3 4 Results.................................................................................................................................................4 5 Conclusion..........................................................................................................................................5 6 Photos.................................................................................................................................................. 6 Page 60 of 205 185 Topanga Dr. Submerged Resource Survey March 2024 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has conducted a Submerged Resource Survey at a property 185 Topanga Dr., Bonita Springs, Florida 34134 (Folio #74435007808) within Section 6, Township 48 South, Range 25 East, in Collier County. The property totals approximately .43 acre in size that can be found on a natural waterway just off Little Hickory Bay. The project area consists of a single-family residence currently under construction and a vegetated mangrove natural shoreline which is considered a Conservation Easement (CE). The SRS was conducted on March 29th, 2024, between approximately 10:15 a.m. and 11:15 a.m. Site conditions consisted of clear skies and a slight breeze. Water clarity was poor and allowed approximately 6 - 12 inches of visibility. The ambient air temperature was approximately 83 degrees Fahrenheit and wind speeds averaged 5-10 miles per hour from the southeast. High tide occurred after the site inspection at approximately 3:15 p.m., reaching 2.8 feet above the mean low water mark. A low tide occurred prior to the site inspection at approximately 9:30 a.m. and reached approximately 1.8 feet above the mean low water mark. Page 61 of 205 185 Topanga Dr. Submerged Resource Survey March 2024 2 OBJECTIVE The objective of the SRS is to identify and locate any existing submerged resources within the footprint of the proposed dock. 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. • 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. 2 Page 62 of 205 185 Topanga Dr. Submerged Resource Survey March 2024 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 ingres/egress to 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 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 shoreline taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3 Page 63 of 205 185 Topanga Dr. Submerged Resource Survey March 2024 4 RESULTS The substrate observed within the surveyed area consisted of silty muck material with occasional shell and vegetative debris present along the seafloor. 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 Rhizo horn rnan le H Page 64 of 205 185 Topanga Dr. Submerged Resource Survey March 2024 5 CONCLUSION The SRS was conducted along the property's shoreline and extended out approximately 200 feet into the waterway. No resources were observed within the surveyed area. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project. 61 Page 65 of 205 185 Topanga Dr. Submerged Resource Survey March 2024 Figure 1: View of the existing site Figure 2: View of silty muck substrate material present onsite. Page 67 of 205 185 Topanga Dr. Submerged Resource Survey March 2024 Page 68 of 205 LO 0 N O CO N (6 d 4 F W�S�iS 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. 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 boat slips per the CC-LDC. The proposed docking facility consists of installing three lifts, one to accommodate a 35-foot LOA vessel, the other for a 28- foot vessel and the third a decked over platform lift for two jet skis. Based off this the proposed dock will exceed the typical single-family slip count but is not an uncommon practice to have single-family docks with more than 2 slips/boatlifts. Criterion Not 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 proposed docking facility is necessary due to the existing on -site conditions which consist of a natural mangrove shoreline with shallow depths leading out from the MHWL. Due to these conditions the BDE is required to reach adequate depths to moor the vessels and provide full functionality of the boatlifts at all tide levels. As well as to avoid unauthorized impacts to mangroves as they are within the 20-foot CE. 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.) Page 70 of 205 The proposed docking facility design is consistent with other docks along the subject and adjacent waterways. As proposed the dock and boatlifts will not impact navigation within the subject waterway, nor will it alter the existing ingress/egress to both adjacent neighboring docks. The subject waterway is unmarked therefore the entire waterway provides safe navigation between the docking facilities and no new impacts to any navigation will result from the proposed project. Criterion Met 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The approximate waterway width is 209-feet wide at the most restrictive point. The proposed dock protrusion is 52.25-feet which is 25% width of the waterway. Criterion Met 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The proposed docking facility design is consistent with the other neighboring docks on this bay. As proposed the dock will be within the allowed buildable area by providing and exceeding the required setbacks and therefore as proposed there will not be any impacts nor interference to either adjacent docking facility. Criterion Met Page 71 of 205 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 mangrove shoreline. The special existing on -site conditions taken into consideration when designing the proposed dock was the Conservation Easement being the mangrove shoreline. The proposed dock cannot impact the CE area nor remove any of the existing mangroves reducing the overall proposed dock protrusion. The only real option in this development is to extend out past the mangrove fringe which then requires BDE approval. 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 by only providing a 4-foot- wide access walkway expanding out to 5 and 6-feet out past the mangrove fringe. As designed the dock still provides sufficient deck area for routine maintenance, safe access as well as recreational activities like kayak/paddleboarding plus storage for these activities the dock provides. The total over -water square footage is 832 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 35-feet in length and the other being up to a 28-foot vessel for a total vessel length of 63-feet. Based off this and with the property's shoreline length being approximately 136.62-feet there will be 50% of the shoreline open. Criterion is 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.) Page 72 of 205 The existing on -site conditions consist of a heavily vegetated natural mangrove shoreline. As proposed the dock has been designed within the designated setbacks and is consistent with the other existing boat docks within the subject waterway. The adjacent property to the west has a docking facility as well and a cluster of docks across the waterway. Based off this and the fact this is a boating community it's our opinion that there are no new impacts to either adjacent property owners' current view. Criterion Met 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) Based off our observations there are not any seagrass beds present on the property nor the neighboring properties and extending out 200' of the proposed 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 73 of 205 CONSERVANCY of Southwest Florida M's OUR WATER, LAND, WILDLIFE, FUTURE. PRESERVING OUR PARADISE FOR 60 YEARS November 6, 2024 Jeff Rogers Project Manager Turrell, Hall & Associates, Inc. 3584 Exchange Avenue Naples, FL 34104 Sent via email RE: Proposed Dock at 185 Topanga Dr. — Collier County Boat Dock Extension PL20240007420 Dear Mr. Rogers: Thank you for sending The Conservancy of Southwest Florida the boat dock extension proposed permit drawings for 185 Topanga Dr. for review. Pursuant to the Settlement Agreement between the Conservancy, Lely Estates, Inc., and Collier County pertaining to the Lely Barefoot Beach PUD, the Conservancy must be notified of any proposed construction activities within the conservation easement. Upon review of the Dock Plan with Dimensions drawing dated August 28,2024, Sheet 04 of 10 from Turrell, Hall & Associates, Inc. depicting the walkway through the conservation easement as a maximum of 4 feet in width, we do not see any inconsistencies with the plan in regards to the easement or settlement agreement. Per the conservation easement, an access ramp or walkway through easement lands is permissible provided that the ramp or walkway does not exceed 4 feet in width. Please let me know if you have any questions. Sincerely, 60i.sk+aq) Director of Environmental Policy Gold �Ea,llMIIC Eo, The Conservancy of Southwest Florida is recognized by Charity Navigator as a Transparency EXCELLENCE 2024 Four Star Charity, by Candid with Gold Transparency, by the Community Choice Candid. tripadvisor/ Awards as the Best in Naples, and by Trip Advisor with a Certificate of Excellence. 1495 Smith Preserve Way I Naples, Florida 34102 1 (239) 262-0304 1 Fax: (239) 262-0672 1 conservancy.org Page 74 of 205 185 Topanga Drive Conservation Easement Restoration Plan November 12, 2024 By: Turrell, Hall & Associates, Inc. 3584 Exchange Avenue Naples, FL 34104 (239) 643-0166 Jeff Rogers ieff@thanavles.com Page 75 of 205 185 Topanga Drive Conservation Easement Restoration Plan 11/7/24 1.0 INTRODUCTION The subject property is located at 185 Topanga Drive in the northern part of Collier County along a natural waterway just off Little Hickory Bay. The property shoreline has an existing 20-foot-wide Conservation Easement (CE) extending from the MHWL landward which is currently not consistent with the required vegetative conditions. This CE area was established by the original development permit (Permit No.11-0159242- 001) issued back in 1999 by the Department of Environmental Protection (DEP). The property is further identified on the property appraiser's website as 7443500788, which is an approximately 0.43-acre lot consisting of a 0.06-acre CE area. The property is further situated within Section 06, Township 48 South, and Range 25 East, Collier County, Florida. The original building permit for the subject development of Barefoot Beach was issued back in 1990 and identified the CE area as wetlands of low ecological function. The species noted within the wetland area (Typha, Bacopa, Eleocharis) were freshwater plants which indicated that the area was not tidally connected to the adjacent waters and was more likely the result of impounded stormwater within the lots. The work required in the CE area was to scrape down the area to a slightly lower wetland elevation (though no elevation was dictated or depicted in the permit or associated exhibits) and to plant Spartina alterniflora on 3-foot centers throughout the CE area. Based on THA's site inspection it has been determined that the CE area has an existing rip -rap shoreline with a mangrove habitat isolated along the shoreline with the upland area having been vegetated with some exotic vegetation. With this a restoration plan is required to restore the area back to the state it was required to be maintained as under the 1990 permit. This document outlines the restoration plan to return the onsite Conservation Easement area to the status required by the original building permit. G 2.0 EXISTIN CON TION DI S The subject CE area consists of 0.06 acre or 2,720 square feet of total area stretching across the width of the lot and extending from the MHWL landward 20-feet. The waterward portion of the CE along the MHWL consists mostly of red mangroves (Rhizophora mangle) with some old, scattered riprap mixed throughout. Further landward from the mangrove fringe is mostly open area with mixed vegetation consisting of Seagrape (coccoloba uvifera), Brazilian Pepper (schinua terebinthifolia), Beach naupaka (Scaevola taccada), some Sabal palms (sabal palmetto), and large date palm (phoenix dactylifera). The landward most edge of the CE abuts the new residence currently under construction. The conservation easement area appears to have been impacted over time due to lack of upkeep on vegetation growth as the property seems to have been one of the few remaining vacant lots prior to the current on -going construction activities. Due to lack of overall z Page 76 of 205 185 Topanga Drive Conservation Easement Restoration Plan 11/7/24 maintenance the conservation easement area will have to be restored back to its required state as outlined within the 1999 permit and additional saltwater forested mitigation credits are being required to be purchased by the DEP as part of the dock permitting process. Existing CE conditions looking NE. Page 77 of 205 '�i I� . �'li.Y.q. 6 F !• 7f • .f • ,�:.1 i .. k� `� •tea. ik ::.15,, ` � � � . �. �J `'. ..tl �¢. •:5;='} � �t ,�\ 5 .tiff, ::�'�'::-:x��: Y:5. .�,F'•``4i� .y.�Afi ��Q . „' h �.�'�'t. • ham`. \• SRC r.: _ ._ • � ..tip• - q'�1` .. Y 185 Topanga Drive Conservation Easement Restoration Plan 11/7/24 3.0 PROPOSED CE AREA RESTORATION Sod, riprap and soil will be removed from the 1,742 square foot impact area to a higher quality wetland habitat consistent with the original permitted conditions. Once all the existing exotic vegetation has been removed, the CE area will be replanted with Cordgrass (Spartina alterniflora) and buttonwood (Conocarpus erectus) which is more diverse than what was required under the development permit. Criteria for success would show at least 80% coverage after three years. If these coverages are not met, then supplemental plantings will be installed to ensure that the area contains at least 80% coverage three years after completion of the project. Plantings proposed will be Spartina alterniflora liner stock (minimum 4" liner and 12 inches of leaf blade height planted on 2-to-3-foot centers and approximately 1-gallon 3-foot-tall buttonwoods. Any natural recruitment of other appropriate species will also be noted in the annual reports. Table 3 - Planting List Common Name Scientific Name Height Size Spacing Stratum Smooth cordgrass Spartina alterniflora 1ft 4" NTE 3' G liner OC Green buttonwood Conocarpus erectus 3ft 1 6' OC C gallon Minimum Number of Plants: 58 3.1 Schedule The owner will ensure that all restoration work has been completed and the required mitigation credits purchased prior to Dec 15th. Monitoring of the restoration work success will be provided for three years (see Section 5.0). If supplemental plantings are needed to meet the coverage requirements, then monitoring will be provided for additional time as needed to provide assurance to Department staff that the restoration work is successful. N 4.0 PROTECTIO & MO TORING To ensure that the area recruits appropriate species for recolonization following the restoration work, basic monitoring will be completed on an annual basis for a minimum of one year. If supplemental plantings are required, they will be added on an as needed basis to help ensure the CE area is maintained and since the owner is aware of the protected nature of this area, no signage is proposed. The CE area shall be maintained in a natural state and will be kept free of refuse and debris. Any mangroves that may colonize into the restored CE area can be trimmed in accordance with the other mangrove trimming that is currently allowed within the mangrove fringe. Page 79 of 205 Collier County GMCD Public Portal Land Development Code Administrative Code Zoning Pre -Application Meeting Notes Petition Type: Boat Dock (BD) Date and Time: Tuesday July 2, 2024 at 3 : 00pm Property Information Assigned Planner: Sean Sammon -+ Project Name: 185 Topanga Dr. (BD) PL#: 20240007420 Property ID #: 74435007808 Current Zoning: Lely Barefoot Beach PUD 185 Topanga Dr. Bonita Sprin s, FL 34134 Project Address: City: State: Zip: Applicant: Jeff Rogers — Turrell, Hall & Associates, Inc. Agent Name: Jeff Rogers Phone: 239-643-0166 Agent/Firm Address: 3584 Exchange Ave. City: Naples State:_ FL Zip: 34104 Property Owner: Waskals FL LLC Please provide the following, if applicable: i. Total Acreage: 0 . 4 3 ii. Proposed # of Residential Units: iii. Proposed # of Affordable Housing Units: iv. Proposed Commercial Square Footage: V. For Amendments, indicate the original petition number: vi. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vii. If the project is within a Plat, provide the name and AR#/PL#: viii. Is Project within an Area of Historical/Archaeological Probability? Pre -Application Meeting Notes 6/26/2024 Page 1 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercount, fl.sToy'/ Page 80 of 205 Collier County Meeting Notes e .Q All_r7 c. •e,6 f ,,- /Ply A2i s Cy nj P n.6 e s -?-A. a J� N IJi /L�,✓M eK,7- 1- - � Lei J ��lF Szzl rt�h�� ►'� l�`JTec t>�✓ Required: The most current Application Forms & the Property Ownership Disclosure Form are required for your submittal. Download from this link: https://www.colliercountyfl.gov/government/growth-management/divisions/planning-and- zoning- division/land-use-applications#!/ Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Pre -Application Meeting Notes 6/26/2024 Page 2 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drivc - Naples, FL 34104 • 239-252-2400 • www.colliercountXflgov/ Page 81 of 205 i i � j I 185 Topanga jDr. — PL202400 7420 (BD)— PrOLApp Notes — Z, ning — Sean Sammon July Z 20 4; 3:00 pm • Applicant - T e proposed project s ope of work is the con truction of a 1,744 sq are foot dock and 3 b atlifts. Two of the pro osed lifts will have ca opies, one being a 14' 35' and the other a 14'x3 '. The third boat lift is decked over 12' x 12' kayak/jet ski lift. The a plicant owned shoreline is approximately 1 9.51 ft. The proposed dock along a man -ma e canal off Little Hickory Bay is proposed to be 4 ft MHWL into water ay that is approxima ely 222 ft wide. Mangro es will be trimmed laterally to gain access for the dock and maintained over time. As proposed the dock will provide 25-foot setbacks from each riparian line. • Subject Property is located within the Lely Barefoot Beach Planned Unit Development (PUD) Zoning District • Applicant's Description and Details o According to preliminary plans submitted prior to pre-app, the Dock layout will change to be consistent with protrusion, slip, lift, and access, therefore the design will be flipped o The Conservation Easement contains a lot of exotics, 20' wide to the MHWL o This is part of state lands, therefore 25' setbacks apply and trumps the 15' setbacks o There will be a 4' walkway from the shore that becomes 6' wide past the mangroves o The total Boat Dock Extension request will be 34 feet. o We're proposing a storage area, temporary dock box to store recreational equipment o There exists a submerged land lease, the dock is restricted o Have not dove the water yet for seagrass, fully expect oysters and mangroves in the area • Staff determinations o Staff determined this is located on a canal, this is not part of the main bay but a feeder waterway similar to canal. According to LDC Sec. 5.03.06.G.2, applicant will be limited to one canopy. o If keeping 2 canopies, according to LDC Sec. 5.03.06.G.3 a companion Boat Lift Canopy Deviation (BLCD) is required, this will be a companion to the BD application. o FYI, the Hearing Examiner doesn't prefer excessive decking, normally an SFR has 1 dock and 2 slips; if keeping current proposal, may benefit to include another option site plan that has an 8x8 storage area as a backup Page 82 of 205 • Relevant Information from the Land Development Code (LDC) o 'LDC Sec. 5.03.06.C.1, Adhere to the "Measurements of dock protrusions and extensions" for subject property must be taken from the most restrictive of: "p operty line, bulkhead � line, shoreline, seawall, rip -rap line, control ele ation contour, or mea high water line (MHWL " ■ Be sure to ident fy this clearly, staff re iewed preliminary site plan again and the to of bank appear more restrictive than the MHWL o LDC Sec. 5.03.06.G.1, standards for boat lif canopies criteria, a th ough g. • B at Dock Extension r quirements o Must satisfy at least 4 of the 5 primary critria in LDC Sec. 5.03.06 H.1. a - e o', Must also satisfy at least 4 of the 6 second ry criteria in LDC Sec. 5.03.06 H.2. a - g oPlease provide the amount and size of the boating/marine vessels that will utilize this dock ■ Any schematic information is beneficial to provide o Staff Recommends researching past HEX decisions for BDEs to compare with nearby submittals, if necessary ■ PL NUMBERS FOR NEARBY PROPERTIES 0 HEX 2018-14: PL20170004086 0 HEX 2022-13: PL20210000155 • Please visit the CityView Portal (https://cvportal.colliercountyfl.gov/CityViewWeb/) to research the above listed PL numbers for submittal examples and information • Extra Submittal Items o Provide the site plan for the residence to show how the access to the dock is connected o Include the house permit with the submittal items o Depending how you choose to orient the dock with the decking, provide more information that can help support the reasoning for what is proposed o Letter of No Objection (LONO) from the Conservation Easement entity holder • Public Hearing Requirements o Requires at least 1 advertised HEX public hearing o FINAL Decision Maker: Hearing Examiner • Any further questions, please contact me at Sean.Sammon@colliercountyfl.gov - (239) 252- 8422 Ira Page 83 of 205 ThomasClarkeVEN From: David Roe Sent: Tuesday, July 02, 2024 3:23 PM To: ThomasClarkeVEN Cc: Craig Brown Subject: Pre-App Meeting PL20240007420- 185 Topanga DR (BD) -NOTES Attachments: Pre-App Meeting PL20240007420- 185 Topanga DR (BD)-NOTES.doc Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Please see pre-app notes attached. Respectfully, David Roe Environmental Supervisor Collier County Growth Management Community Development Department Exceeding Expectations, Every Day 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2915 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. David Roe Supervisor - Environmental Development Review Office:239-252-2915 2800 N Horseshoe Naples, FL 34104 David. Roe(a-)colliercountvfl.gov Collier County affloom ?,4 6 .0- a.g.t- Page 84 of 205 Pre-App Meetint PL20240007420- 185 Topanaa DR (BD) 1. Seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph. (LDC 5.03.06 I) Provide a submerged resources survey from an Environmental Consultant done between A*d. 2. Submit current areal with FLUCFCS overlay, identifying exotic/native vegetation. 3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) *if applicable 4. Provide complete answers to Secondary Criteria #5 & #6. (Use Misc in CV) 5. Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized. (LDC 5.03.06 J .4) *if applicable 6. Provide a clearing plan for removal of any vegetation related to the boat dock. *if applicable SUGGESTION FORMAT AND INFORMATION TO INCLUDE IN SUBMERGED RESOURCES SURVEY ➢ Location of survey — property address and folio# o The survey shall indicate any seagrass or seagrass beds located within 200 feet on any proposed dock facility (5.03.06.J). In order for this to be accomplished, any within 200 feet of the proposed dock (within the riparian lines of the property and adjacent to the property) shall be surveyed. ➢ Who did the survey — which firm and their contact information including name, address, phone #, email ➢ What date was the survey conducted? Guidance from FWC is to do between April and October o Weather conditions, water temperature, low tide & high tide times ➢ Objective of Survey & Work done on the site o Was the site snorkeled? o What methodologies were used? o Was a GPS used? o Was an aerial photograph reviewed and used to establish survey transect lines? ➢ Results o What was found? Substrate and what kind? Seagrass, shell, oysters? o What was along the shoreline? Mangroves, seawall, etc? o Why does the consultant think no submerged resources were found? o Other observations ➢ When seagrass is found, include all requirements of LDC section 5.03.06. J. ➢ Conclusions o Were any submerged resources found? If yes, what? o Are any impacts to submerged resources expected or proposed? ➢ Pictures (suggested angles) o Looking toward and away from the shoreline o The proposed location of the boat access o Observations in the water - Any oyster debris, shell, seagrass �4.e 2611 Page 85 of 205 5.03.06. J. (LDC section up to date as of 2016) Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. Page 86 of 205 ThomasClarkeVEN From: Sent: To: Cc: Subject: Good afternoon Renald, Sean Sammon Friday, July 12, 2024 2:35 PM Renald Paul ThomasClarkeVEN; Ray Bellows; Jeff Rogers 185 Topanga Dr.(BD) - PL20240007420 Just an FYI, for petition number PL20240007420, the applicant is aware if they proceed with two (2) boat lift canopies, then according to LDC Sec. 5.03.06.G.3, they are required to submit a companion Boat Lift Canopy Deviation (BLCD) application. Both the Boat Dock Extension (BDE) and the BLCD applications are being provided to the applicant with the Pre -Application notes. Let me know if you have any questions, have a great weekend. Sean Sammon Planner III Zoning Office:239-252-8422 2800 N. Horseshoe Drive Naples, FL 34104 Sean.Sammon(cr-colliercountyfl.gov Collier County affloom 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. e6- 6- e- 9, C � Page 87 of 205 Collier County Meeting Notes -Continued Note]: Ifsite is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Department along with a request that they send us a letter or email of "no objection " to the petition. Bob Middleton RMiddletonna,naplesgov.com ,Allyson Holland AMHollanda_naplesQov.com, Robin Singer RSinger(ii�naglesQov.com, Erica Martin emartin[amal2les ov.com Note2: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Pre -Application Meeting Notes 6/26/2024 Page 3 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 88 of 205 Collier County W Zoning Pre -Application Meeting Sign -In Sheet PL# 20240007420 Collier County Contact Information: Name Review Discipline Phone Email Li Mike Bosi Division Director-Planning&Zoning 252-1061 Michael.Bosi@colliercountyfl.gov Ray Bellows Manager— Planning & Zoning 252-2463 raymond.bellows @colIiercountyfLgov Richard Henderlong Zoning -Planner III 252-2464 richard.henderlong@colliercountyfl.gov Laura DeJohn Zoning - Vendor 252-5587 Laura.dejohn@colliercountyfl.gov ❑ John Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov ❑ Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning — Planner 111 252-2484 nancy.gundlach@colliercountyfl.gov Eric Ortman Zoning— Planner III 252-1032 Eric.Ortman@colliercountyfl.gov Sean Sammon Zoning— Planner III 252-8422 Sean.sammon@colliercountyfl.gov Maria Estrada Zoning Planner II 252-2408 Maria Estrads@coiliercountyfLgov L. Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov Thomas Clarke Zoning - Operations Analyst 252-2526 thomas.clarke@colliercountyfl.gov ❑ Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony.stoltz@colliercountyfl.gov ❑ Drew Cody Utility Planning— Project Mgr III 252-2917 Drew. cody@col IiercountyfLgov Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich@colliercountyfl.gov Steve Baluch Transportation Planning 252-2361 step hen. baIuch@colIiercountyfLgov Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov L Michael Gibbons Structural/Resident Plan Review 252-2426 michael.gibbons@colliercountyfl.gov L Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov L Laurie Beard PUD Monitoring -Project Mgr 11 252-5782 laurie.beard@colliercountyfl.gov L Sean Lintz Battalion Chief - N. Collier Fire 597-9227 slintz@northcollierfire.com IJ Bryan Horbal Captain — N. Collier Fire 552-1367 Bryan.horbal@colliercountyfl.gov L Daniel Turner Plan Examiner - N. Collier Fire 252-2521 Daniel.turner@colliercountyfl.gov L Linda Naples Sr. Plan Examiner— N. Collier Fire 252-2311 Linda.naples@colliercountyfl.gov n Shar A. Beddow Dep. Fire Marshal - Gr Naples Fire 241-1422 sbeddow@gnfire.org L Thomas Mastroberto Gr. Naples Fire Site Plans Rev. Ill 252-7348 thomas.mastroberto@colliercountyfl.gov L Heidi Ashton-Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov L Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov L James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov FI Parker Klopf GMP—Comp Planning— Planner III 252-2471 Parker. klopf@col liercountyfl.gov Jessica Malloy GMP-Comp Planning -Planner II 252-4329 Jessica. maIloy@colliercountyfLgov Stephenne Barter GMP—Comp Planning — Planner II 252-7707 Stephenne.barter@colliercountyfl.gov Pre -Application Meeting Notes 6/26/2024 Page 4 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 - 239-252-2400 - www.colliercountyfl.Q��v/ Page 89 of 205 Collier County ❑ Michele Mosca,AICP Community Development Planner III 252-2834 Michele.mosca@colliercountyfl.gov ❑ Craig Brown Environmental Review -Mgr. 252-2548 craig.brown@col liercountyfLgov ❑ Alexandra Mitchel Environmental Specialist 252-2907 Alexandra.Mitchel@colliercountyfl.gov David Roe Environmental Specialist 252-2915 David. Roe@col IiercountyfLgov ❑ Lauren Murray Environmental Specialist 252-2306 Lauren.murray@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision Vend. 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jocelyn Nageon De Lestang, P.E. Engineering - Stormwater 252-2434 Jocelyn.NageondeLestangCcDcolliercountvfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Cormac Giblin, AICP Division Director— Economic. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov ❑ Sarah Harrington Manager —Planning 252-4211 Sarah.harrington@colliercountyfl.gov ❑ Jamie Cook Division Director- Development Review 252-6290 Jaime.cook@colliercountyfl.gov ❑ Lisa Blacklidge Development Review Manager- Planning 252-2758 Lisa.blacklidge@colliercountyfl.gov ❑ Christine Willoughby Planner III 252-5748 christine.willoughby@colliercountyfl.gov ❑ Brett Rosenblum-P.E. Development Review— Supervisor Project Mgr. 252-2905 brett.rosenblum@colliercountyfl.gov LL Mark Templeton Landscape Review — Planner III 252-2475 mark.templeton@colliercountyfl.gov L_l Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Gino Santabarbara Impact Fees — Planner III 252-2925 Gino.santabarbara@colliercountyfl.gov ❑ Diane Lynch Management Analyst 1 252-4283 diane.lynch@colliercountyfl.gov ❑ Renald Paul Client Services 252-2443 Renald.paul@colliercountyfl.gov ❑ Connie Thomas Client Services -Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email 54 r II �l f Pre -Application Meeting Notes 6/26/2024 Page 5 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountrfl.gox / Page 90 of 205 Zoning Pre-App Attendance - Tuesday July,2 2024 at 3:00pm — Zoom Applicant/Agent — Jeff Rogers 185 Topanga Dr. (BD) - PL20240007420 — Sean Sammon a Participants (7) — ❑ X 0 thomasciarkeven (Me) A CDO Sean,Sammon © .Q, 01 Jeff Rogers 1 ij 0 Ray Bellows, Zoning Manager 0 0 ODavidRoe 0 EricOrtman ® estradamaria -� Page 91 of 205 Growth Management Community Development Dept. ZONING STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING Meeting Date: Tuesday 7/2/24 at 3:00 Zoning Operations Staff: Thomas Clarke 185 Topanga Dr. (BD) - PL20240007420 Planner: Sean Sammon • Applicant Submitting Request: Jeff Rogers — Turrell, Hall & Associates, Inc. 239-643-0166 ieff@thanaples.com • Agent to list for PL# Jeff Rogers — Turrell, Hall & Associates, Inc. • Owner of property (all owners for all parcels) Waskals FL LLC • Confirm Purpose of Pre-App: Boat Dock and Extension (BD) • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A • Details about Project: The proposed project scope of work is the construction of a 1,744 square foot dock and 3 boatlifts. Two of the proposed lifts will have canopies, one being a 14'x35' and the other a 14'x30'. The third boat lift is a decked over 12' x 12' kayak/jetski lift. The applicant owned shoreline is approximately 129.51 ft. The proposed dock along a man-made canal off Little Hickory Bay is proposed to be 54 ft MHWL into waterway that is approximately 222 ft wide. Mangroves will be trimmed laterally to gain access for the dock and maintained over time. As proposed the dock will provide 25-foot setbacks from each riparian line. Cancellation/Reschedule Requests: Contact Connie Thomas- Supervisor — Permitting Consuela.thomas@colliercountyfl.eov - Phone: 239-252-2473 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Page 92 of 205 "THIS IS AFIELD SURVEY" RIPARIAN 20 0 10 20 40 PROPOSED DECKED LINE SCALE: 1" - 20' OVER KAYAK/JETSKI LIFT LITTLE I LXX - LINE TABLE HICKORY PROPOSED BAY FIXED DOCK LINE BEARING DISTANCE �6 I L1 S67°47'35"W 28.33' PROPOSED LIFT �\ WITH CANOPY \ 0 29.60' L2 S65°40'35"W 6.76' \ o L3 N24°19'31"W 22.53' L4 N65°40'35"E 12.00' \ 3321 L5 N24°19'25"W 15.00, \ �1 L6 S65°40'35"W 12.00, \ �� 1Qo \ <� v2 / FOUND L7 N24°19'25"W 13.29' \ \ L1�AND CAP STAMPED OSTAMPED BBLS LB 8033 i L8 S65°40'35"W 66.60' RIPARIAN \/ LINE PROPOSED LIFT L9 S24°19'25"E 35.84' 3ROR WITH CANOPY / N m L10 N65°40'35"E 34.57' POINT OF BEGINNINGPROPOSED SUBMERGED a to Ll l N24°19'25"W 14.25' mOZ i LAND LEASE AREA rn D 00 yN Nm y N: 726386.63 L12 N65°40'35"E 12.43' �\ Z- E: 380508.71 0 2� o LOT 90 z L13 S24°19'25"E 12.00' (UPLAND BOUNDARY) EAST LINE L14 N65°40'35"E 12.25' of LOT so l� L15 S46°07'30"E 4.70' i APPROXIMATE MEAN POINT OF COMMENCEMENT \ HIGH WATER LINE SE CORNER OF LOT 90 L16 S24°19'25"E 12.86 \ / LOCATED 11/08/23 FOUND 5/8" IRON PIN AND CAP STAMPED BBLS LB 8033 L17 N65040'18"E 5.60' N:380558. E: 80558.98 I / _prr� COASTAL COASTAL AND MARINE ENGINEERING CLIENT �DR— fin ti2024 SCALE ENGINEERING ENVIRONMENTAL AND GEOLOGICAL SERVICES WASKALS FL, LLC B mCONSULTANTS LAND AND MARINE SURVEY AND MAPPING TITLE SDB F E680 INC. SPECIFIC PURPOSE SURVEY TOESTABLISHA rceD aJEvc o seN°y Fmnee Smce 1977 PRONE: (239)643-232a SUBMERGED LAND LEASE AREA WITHIN LITTLE HICKORY BAY seo s T afis R"c. z5E FAX (gineen 3-1143 LYING IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AcnD No. 23.275 28421 BONITA CROSSINGS BOULEVARD www.waFAX (gineen 3-1143 BONITA SPRINGS, FLORIDA 34135 E-Mail: info@wcifl.wm COLLIER COUNTY, FLORIDA. REF. NO. 23.377-LEASE No. DATE BY REVISION DESCRIPTION Page 93 of 205 r /4 Pt `%/ C lir nCD 7-v4ciL11%� Pre- pplication Meeting and Final Submittal Req irement Checklist for: Dock Extensio ❑ Boathouse Chapter 3 . of the Administrativ Code The following Submittal Requirement Checklis is to be utilized during t e Pre -Application Meet ng, and at time of application submi tal. At time of submit al, the checklist is to e completed and sub itted with the application packet. lease provide the sub ittal items in the exact order listed below, wi h cover sheets attached to each sect, on. Incomplete submit als will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Property Ownership Disclosure Form ® ❑ Affidavit of Authorization, signed and notarized ® ❑ Completed Addressing Checklist Ll 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. • Roof Structure on Dock Signed and sealed surveyLIN❑ Chart of site waterway ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 6 of 7 Page 94 of 205 I I PLANNERS L INDICATE IF THE PETITION NEEDS TO BE ROUTED TO � THE FOLLOWING REVIE ERS: ❑ Ba shore/Gateway Triangle Red velopment: Ex cutive Director Historical Review: ❑ A dressing: Parks and Recreation: ❑ Ci y of Naples Planning Directo : School District (Residen ial Components): ❑ C nservancy of SWFL: Other: ❑ E, ergency Management: Other: FEE REQUIREMENTS: Bo at Dock Extension / Boathouse Petition fee: $1,500.00 y-Application Meeting fee $500.00 ffif Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner 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 Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent I ` Printed Name `7 �`\VN Date Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 7 of 7 Page 95 of 205 Co r County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Administrative Boat Lift Canopy and Boat Lift Canopy Deviation Application Land Development Code section 5.03.06 G Chapter 3 of the Administrative Code Land Development Code section 5.03.06 G (Dock Facilities) includes provisions for the installation of "boat lift canopies," defined as "A covering that is applied to a boat lift over a legally permitted dock." LDC section 5.03.06 G provides standards for these canopies. Check here if requesting deviation — LDC 5.03.06 G.3. (public hearing advertising and notification fees apply) If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G., then a petition for a boat lift canopy deviation may be made to the office of the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. The assigned Planner will take the appropriate steps to prepare the application for the Hearing Examiner hearing. This is an administrative review to determine compliance with the provisions of the LDC. If any other State or Federal permit is required, the applicable permit(s) must be obtained prior to construction or installation of the boat lift canopy. Please contact the State Department of Environmental Protection (239-332-5600) and the US Army Corps of Engineers (239-334-1975) to determine if permitting is required. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Name of Applicant if different than owner: Addre Telep E-Mai Name Firm: Addre Telep E-Ma 09/2022 Page 1 of 5 Page 96 of 205 i Colfler County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY INFORMATION Property ID Number: Subdivision: Address/General Location of Subject Property: Current Zoning and Land Use of Subject Property: Section/Township/Range Unit: Lot: Block: STANDARDS FOR BOAT LIFT CANOPIES 4- v,4u0P ✓i+riow LDC section 5.03.06 defines boat lift canopies as, "A covering that is applied to a boat lift over a dock legally permitted by the requisite local, state and federal agencies." LDC section 5.03.06 G provides standards for these canopies as follows: a) Canopies shall not extend more than 27 inches beyond the width of the boat lift on each side. Total width of Canopy b) Does Canopy extend beyond width of boat lift? ❑ Yes ❑No If yes, how many inches? c) The length of the boat lift Canopy shall not exceed 35 feet. Length: ft. d) The height of the boat lift Canopy shall not exceed 12 feet, measured from the highest point of the Canopy to the height of the dock walkway. Total Height: ft. e) The sides of the Canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18' shall be permitted on the sides. Length of Drop Curtain: inches. f) Boat lift Canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. g) Canopy cover material shall be limited to beige, or mid -range shades of blue or green. Canopy Color: h) No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. Lots with frontage on canals shall be permitted a maximum of 1 boat lift Canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift Canopies per site. If an applicant wishes to construct a boat lift Canopy that does not meet :the standards of LDC subsection 5.03.06 G.1, then a petition; for a boat lift Canopy deviation may be made to the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. 1 1 1 SUBMITTAL REQUIREMENT CHECKLIST I I Chapter 3 B. of the Acl ninistrative Code for submittal requirements. �EQUIREIIVIENTS FOR EVIEW: �EQUIRED N T REQ IRED ompleted Application ( ownload current form fr m County website) Q✓ ompleted Addressing hecklist Q Property Ownership Disclosure Form Q Signed and sealed survey, showing any existing i Idock facility ;Scale drawing of the proposed Canopy. (Please refer to page 4) El Sample of the fabric for color review. 09/2022 i Page 2 of 5 �I iPage 97 of 205 COY County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov FEE REQUIREMENTS Pre -Application fee: $500.00 Boat Lift Canopy Administrative Review fee: $500.00 Fire Planning Review Fee: $100.00 Additional fees, If requesting a deviation: Estimated Legal Advertising fee: $1,125.00 If applicable, an additional fee for Property Owner Notifications will be be billed to the applicant afterhearing date. (Variable) *If requesting a deviation, listing all registered homeowner and civic associations affected below is required.* 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: Name of Horn 01 Mailing Addre:s: Name of Homo Mailing Addre s: Name of Ho Zs: o Mailing Add r / Civic Associat / Civic Associat Name of Homeowner / Civic Associa Mailing Addriess: i 09/2ox2 City: State: ZIP: John Kelly From: John Kelly Sent: Tuesday, February 25, 2025 5:03 PM To: John Kelly Subject: BD-PL20240007420 - 185 Topanga Dr - Sign Posting 02/25/2025 at 1445hrs Attachments: Photo-1 jpg; Photo-2 jpg I, John Kelly, Planner III, herewith affirm that I posted a required notice of public hearing sign to the front of the above address for the purpose of advertising the public hearing for the subject projects on February 25, 2025, at approximately 2:45 PM. Respectfully, John Kelly Planner III Zoning Office:239-252-5719 2800 N Horseshoe Dr. Naples, Florida 34104 John. Kelly(a)-colliercountyfl.gov Collier Count, [ f IoIXI=I=1 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 99 of 205 185 Topanga Dr. BOAT DOCK EXTENSION To Allow a 52.25-foot Protrusion PL20240007420 March 13, 2025, at 2:00 P.M. Career Source Center 3050 North Horseshoe Drive, Suite 110 I Page 100 of 205 John Kelly From: Alisa Argust <alisaargust@gmail.com> Sent: Monday, March 3, 2025 1:31 PM To: John Kelly Cc: Alisa Argust; Barbara Prunsky; Gary Kiesgen; Jim Walsh Subject: Petition PL20240007420 - Boat Dock Extension 185 Topanga Drive Attachments: Barefoot Bay response to Petition No. PL20240007420 3-2-2025 185 Topanga Boat Dock Extension.pdf 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. Mr. Kelly - please find attached a response letter from the Barefoot Bay Property Owner's Association, Inc. in response to our residents receipt of the Public Hearing Notice regarding Petition No. PL20240007420 Boat Dock Extension for 185 Topanga Drive. Mr. Jim Walsh, a resident in our community, will be attending the March 13, 2025 hearing as a representative of the Association in this matter. Mr. Walsh, and the board of directors for Barefoot Bay, are cc'd on this email. Please confirm your receipt of this email and its attachment for the upcoming public hearing. Thank you. Alisa Argust President, Barefoot Bay Property Owner's Association 614.313.6760 Page 101 of 205 Barefoot Bay Property Owner's Association, Inc. c/o Guardian Property Management 6704 Lone Oak Boulevard Naples, Florida 34109 March 2, 2025 Collier County Growth Management Community Development Planning & Zoning Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Petition No.: PL20240007420 185 Topanga Drive To John Kelly, Planner and the Hearing Examiner: With regard to the Subject Petition and the requested 32.25 foot Boat Extension, over the maximum permitted protrusion of 20 feet, allowed by Section 5.03.06.E.1 of the Collier County Land Code for Waterways greater than 100 feet the proposed dock size, the Homeowners in the Barefoot Bay Property Owner's Association, Inc. subdivision ("Barefoot Bay") consisting of 9 homes with addresses from 5320 to 5352 Barefoot Bay Court, Bonita Springs, FL, Collier County, Florida, would like to voice our concern that this request is not consistent with the neighborhood/location and flaunts the scheme of regulations. This Proposed Extension is for a dock containing 3 slips, 2 with lifts, and the third, covered over, for personal watercraft. This proposed dock also includes a deck large enough for recreational activities, kayak storage, storage and walkways - per the Applicant plans and narrative provided, it's overall length along the shoreline is 77 feet (overall shoreline property length is 136.62 so the dock length is 56.4% of the shoreline, leaving only 43.6% open), the protrusion into water is 52.25 feet. With the limited time available to review and submit information about the petition, some of our residents physically toured the waterway by boat on March 1, 2025 from its conclusive end at 205 Topanga Drive , to its mouth at 171 Topanga Drive, and noted no docks in this waterway that have two boats of the proposed size of 28 feet and 35 feet and jet skis on three lifts; numerous photos and videos were taken. The overall dimensions of the proposed dock itself are NOT consistent with the neighborhood, and that is easily observed on the attached Adjacent Dock exhibit from the application (attached as Attachment #1) which includes adjacent and neighboring homes along Topanga Drive and the across water homes. We corroborate with the Collier County Primary Conditions document that this Primary Condition is NOT MET as it is inconsistent within the neighborhood/location and it flaunts the scheme of regulations for a single-family residential unit which warrants no more than 2 boat slips per the CC-LDC. Our Barefoot Bay homes and docks have occupied this uncharted waterway since the early 2000's and a few of our boating residents have been here since 2009 so we are very familiar and enjoy observing the boat traffic that utilizes this uncharted waterway, inclusive of anglers, the Tiki Boat, and primarily recreational boaters. Some observations that someone who does not live on, or has ever navigated, this waterway may want to know and consider are: Page 102 of 205 1. The proposed location of the dock extension is at or near a point where boaters tend to turn around once they realize that there is a dead end to the waterway around the corner. It is also the area that many fishermen slow or hang in to cast into this part of the waterway as shown on the photo attached as Attachment #2. The waterway appears widest where the dock extension is proposed and narrows towards it conclusion as shown on Attachment #3. As shown on the photo attached as Attachment #4 — Mr. Jim Walsh, a resident in Barefoot Bay, in his 27.5-foot boat, attempted to illustrate how far out into what appears to be the middle of the normal travel route we observe boaters taking. The protrusion into the navigable waterway could force boaters into shallower waters and create an unsafe waterway, especially for inexperienced boaters renting from the numerous boat rental facilities near this area. 2. While this is uncharted water for depths, as observed during high tide on March 1, 2025, Mr. Walsh's depth finder indicated the depth to be 5 feet and at low tide it was 3.5 feet, in what appears to be the most obvious and traveled route by boats; obviously as you near the shorelines, the depths decrease. This dock could require boaters to change their course to shallower waters and much of the open water area to the northwest of this proposed dock quickly becomes shallow. Observing the high and low tides daily as we do, and especially during seasonal low tide, this dock extension may be in violation of the 50% waterway width between dock facilities on either side of the waterway for maintained navigability. And while we know it is not a condition, it may not be possible for 2 boats to safely pass. The Barefoot Bay residents, many who are boaters, would like our new neighbor to be able to have the boat and personal watercraft of their choosing so long as it is appropriate for the area and does not impede other boaters from safely boating in the waterway. We would most likely support a modification of the dock, inclusive of an extension over the allowed 20 feet, if it was designed to be more compliant with the existing ordinances and consistent with the existing neighboring docks. The Board of Directors of Barefoot Bay (Alisa Argust, Barbara Prunsky and Gary Kiesgen) held an emergency Board meeting on March 2, 2025 and it was determined that Mr. Jim Walsh of 5344 Barefoot Bay Court, Bonita Springs, Florida, Collier County, will attend the March 13, 2025 hearing as the representative for Barefoot Bay and its owners; other owners may attend but some are unavailable. Thank you for your consideration and my contact information is provided below. Sincerely, -41f ud�t- Alisa Argust President, Barefoot Bay Property Owner's Association Contact: 614.313.6760 alisaargust@gmail.com Attachments: #1 - 185 Topanga Drive Adjacent Dock exhibit from application #2 - Photo 3/2/25 of fishermen in waterway in approximate area of the proposed dock— photo taken by Brad Kitchen from 5348 Barefoot Bay Court, Bonita Springs, FL, Collier County #3 - Photo of the waterway from the Zillow listing for 185 Topanga Drive #4 - Photo 3/1/2025 of Jim Walsh in 27.5' boat replicating end of dock extension 52.5' — photo taken by Brad Kitchen from dock at 5348 Barefoot Bay Court, Bonita Springs FL, Collier County 2 Page 103 of 205 O ZZ —1 04 It I _WONTC• }a ljj 0 0 U Z 0 wF'Ai Q wQ. s� cc Q w z= _ 33 w 56' Z Z ^t W o t0 . Y 3o z r Z 0 w w W w m o .. z H � z zrpz W U _ c� /. W Q Q o o u y N 0 W . � O 2 z �All, Q Z � ° Q 000 In Lo W Ir o M ry`b c4 U cn L7 z a3 ¢8 xQ i W 00 ... l W Lo 0 (N 0 It C) m m d \23136.00 Wasko - 185 TODanaa Drive\CAD\PERMIT-COUNTY\23136-BDE.dwa ADJACENT DOCK 11M2024 i I'+.,!'I,' � ��'i i��r .:L'� ` a:� +. �:+�i;�r'r., i'.��r !: i•'1.' � � Ir �jl I r. I I. .i•:' I �I rr�,+�': �,Ir�+y �+I�i:.'++r�'+'l�l� r+'�',Ih�N�f•Fr� ! .}'�I" i'�� 'I'��1J JII'.' .I• I :ll. .f, III I I''�� i. �' '`l,'l +I �q.,��•, _i.�'�r• li,'I,Ii+ +h+��'ii'I,i'+.�,I+�� lilt .;I If.'•+i'r;f��1 'I1 r 11lid,i' ,i"��•� �I, �y'��I,i :,f',l �r,lrj1.# I.� r i'tlr �''�I,"'I''� '��, �'j'l; ^�'',i'�'I ri � 41 '•I'li. �4 ,:�h �r� r "' ' 4 Ir'y jr�j� I'.I�+ .•'�! '�I� + r� ' f ' i,�1 rltilfq+ , I 'lC. F I �,l l� �+il}fy - I'. :,I;':r, �1•i,l�� '� ., yi I : . r f� 1 5 � 1+' Ali l4',i l• 3/13/2025 Item # 3.13 ID# 2025-844 PETITION NO. VA-PL20240008511 - Collard Dock - 9990 Gulf Shore Drive - Request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the required northern side yard riparian setback of 15 feet to 8 feet for a dock facility on a lot with 67 feet of water frontage, located at 9990 Gulf Shore Drive and further described as Lot 29, Block B, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion Item PL20240008508) [Coordinator: John Kelly, Planner III] Commission District 2 ATTACHMENTS: Staff Report VA 02282025 Attachment A - Prposed Dock Plan Attachment B - Boundary, Topographic Survey and Site Plan Attachment C - Applicant's Backup, application and supporting documents Attachment D - Public Hearing Sign Posting Attachment E - Correspondence - Letter of No Objection Page 108 of 205 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 13, 2025 SUBJECT: VA-PL20240008511, 9990 GULF SHORE DRIVE — COLLARD DOCK, COMPANION TO BD-PL20240008508 PROPERTY OWNER/APPLICANT: Craig and Susan Collard 1205 Four Meadows Ln Morrisville, NC 27560 REQUESTED ACTION: AGENT: Mark Oreus Greg Orick II Marine 3710 Prospect Ave Naples, FL 34104 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 feet for a dock facility on a lot with 67 feet of water frontage. GEOGRAPHIC LOCATION: The subject property is located at 9990 Gulf Shore Drive, approximately 80 feet south of Bayview Avenue, also known as Lot 29, 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 an irregularly shaped lot with a concave shoreline comprising 0.31 acres located within a Residential Single-Family-3 (RSF-3) Zoning District; said lot has been improved with a 3-story single-family residence completed in 2023. The petitioner desires to construct a shore - perpendicular dock facility with boathouse that will encroach 7 feet into the northern 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 50 feet. VA-PL20240008511; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 1 of 7 Page 109 of 205 CO) LL ra pill in m -B %NR OA 0 0- m 0 N co CD CL L a) .0 D z c 0 CL - - - - - I 0- 0 VA-PL2024000851 1; 9990 Gulf Shore Dr - Collard Page 2 of 7 02/28/2025 VA-zL20240008511;9990Gulf Shore Dr Collard Page 3of7 SURROUNDING LAND USE AND ZONING: North: A single-family dwelling located within a Residential Single-Family-3 (RSF-3) Zoning District East: Vanderbilt Lagoon waterway then single-family residences within an RSF-3 Zoning District South: La Playa Beach and Golf Club, located within a Residential Tourist Zoning District and the Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) West: Gulf Shore Drive (Right -of -Way) then a single-family dwelling located Within an RSF-3 Zoning District Collier County GIS VA-PL20240008511; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 4 of 7 Page 112 of 205 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 side riparian setback for a residential dock facility, an authorized accessory 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 the southern neighboring property and potential on the northside, 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, if this property were 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 north 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 owners' vessel size, these are the special conditions driving this side yard setback variance request." Staff concurs and further notes that the subject property was platted prior to the purchase of the property by the current owner. 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 the property's unique shape offers unique waterfront challenges that severely limit its use. 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 health, safety, and welfare standards? The applicant's agent states: "Yes. The proposed docking facility has been reduced to the minimum VA-PL20240008511; 9990 Gulf Shore Dr - Collard Page 5 of 7 02/28/2025 Page 113 of 205 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 Beach 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 the 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 north. 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 on 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 GMP requirements concerning density, intensity, compatibility, access/connectivity, or any other applicable 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-PL20240008508 requests that the subject dock facility protrude 50 feet into a 551.8f feet wide waterway. VA-PL20240008511; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 6 of 7 Page 114 of 205 PUBLIC NOTICE: Notice Requirements for variance petitions are contained within LDC Section 10.03.061.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property on or about January 29, 2025, as evidenced by an executed Affidavit of Compliance contained within Attachment C. 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 February 21, 2025, and the posting of a public notice sign on the site on February 25, 2025. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner APPROVE petition PL20240008511 to reduce the side yard riparian setback from 15 feet to 8 feet along the northern side property/riparian line as depicted within the proposed dock plans contained within Attachments A and B. Attachments: A) Proposed Dock Plan B) Boundary, Topographic Survey and Site Plan C) Applicant's Backup, application and supporting documents D) Public Hearing Sign Posting E) Correspondence - Letter of No Objection VA-PL20240008511; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 7 of 7 Page 115 of 205 � J 0 3 Q W d W W z Vl Y � W Zir O Z LU Z n o z z i J ��3�m o a 3 ao o y V ooLr)oaa. co� 0 a M M O Nmo Ins Z a 3 a a W W /0y W Y N N •' I N W I W m cs I 4 N IL d Z a m J I d O Q ei c-I O N O N I� li�illi�ll�i W.-1Ne�9�1e> Q W W W W W C9 C9 C9 C9 C9 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I IIIIiI IIIII I I I I I lil I I I I I I I I I I I I I I Q% I I I I I I I I Z I I I I I I I I I I I I Q I I I I I I of I I I I I I I I I I I U I I I I I I I I C I I I I I I I I I I y IIII I I I I I g l I I I I I I I I I � IIIIIIIIIIIIII � I l l l l i a I I I U I I I I I m l I I I I I 3= I I I Q I IIII I I I I I rr l I I I I a o I I I� I I wl W I l l l l l m I I I I rn 3 I I UU I I I I I I I I zl I I I m w I I a I I a l w O ¢ W Z I W I I I I EL P ¢ U J In-W J zja ¢ U O m Y J ti I� a z x In 3 X Q I Y a SQ ace? 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Un LLLLLL as �a J,3a Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): COLLARD, CRAIG=& SUSAN Name of Applicant if different than owner: Mark Oreus Address: 1205 FnUR MFADowS LANE City: MOORISVILLE State: NC ZIP: 27560 Telephone: 239-949-5588 Cell: E-Mail Address: Name of Agent: Mark Oreus Firm: Greg Orick II Marine Construction Inc Fax: Address: 3710 Prospect Ave City: Naples State: FL ZIP: 34104 Telephone: 239-949-5588 Cell: E-Mail Address: Permitsi@orickmarine.com Fax: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 Page 119 of 205 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier,eov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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: 27530720008 Subdivision: Conners Vanderbilt Metes & Bounds Description: Section/Township/Range:29 /48 /25 Unit: 1 Lot: 29 Block: B Total Acreage: •31 Address/ General Location of Subject Property: 9990 GULF SHORE DR ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 0 - VACANT RESIDENTIAL S 39 - HOTELS, MOTELS E W RSF-3 1 - SINGLE FAMILY RESIDENTIAL Minimum Yard Requirements for Subject Property: Front: Corner Lot: Yes ❑ No ❑ Side: 15 Waterfront Lot: Rear: Yes ❑■ No ❑ 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. 4/27/2018 Page 2 of 6 Page 120 of 205 Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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: N/A Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: City: State: ZIP: 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 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. 4/27/2018 Page 3 of 6 Page 121 of 205 Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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. 4/27/2018 Page 4 of 6 Page 122 of 205 Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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) ❑Li 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 %" x 11" copy ❑El Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 ❑ ❑ Deeds/Legal's 3 ❑ Location map 1 Li ❑ 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 ❑Li 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. 4/27/2018 Page 5 of 6 Page 123 of 205 COLLIER COUNTY GOVERNMENT COOT County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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 7771 ❑ Pre -Application Meeting: $500.00 ❑ Variance Petition: o Residential- $2,000.00 o Non -Residential- $5,000.00 o St' 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 Sign re 1" l� rk O reams Printed Name 9 - 17 - oku Date 4/27/2018 Page 6 of 6 Page 124 of 205 GREG 0111CIC MARINE CONSTRUCTION F'amity Owned and Operated For Over 30 Years 0 ce #oeoao1 License #C28961 Tuesday, September 17, 2024 Collier County Growth Management Zoning Division 2800 N Horseshoe Dr. Naples, FL 34104 Re: PL20240008511 9990 Gulf Shore Dr (VA) To Whom It May Concern, Please find attached a request for a variance for a proposed single-family docking facility and Boathouse located at 9990 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 #27530720008. The current property has a RSF home, Co'd on 06/01/2023 under permit number PRBD20210204687. Please see attached Nature of petition 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 125 of 205 Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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: 7 C Name and Address % of Ownership Craig Collard 50 Susan Collard 50 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Page 126 of 205 Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f f. Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a corporation. partnership. or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Page 127 of 205 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: n GQifie-r C014ftty w ti 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 7/23/2024 Agent/Owner,ature Date MACp Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Page 128 of 205 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240008511 1 Craig Collard (print name), as Owner (title, if applicable) of _9990 Gulf shore Dr (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerm applicant=contract purchaser[ --land that: 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. 1 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 and restrictions imposed by the approved action. 5. Well authorize Greg Orick II Marine Construction Inc to act as ourimy representative in any matters regarding this petition including 1 through 2 above. *Notes: • 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 facts stated in it are true. Craig Coll-(Sep 11, 2024 1(,:4.5EDT) 9/10/2024 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or ❑online notarization this 10 day of _September 20 24 by (printed name of owner or qualifier) Craig Collard Such person(s) Notary Public must check applicable box: ❑x Are personally known to me ❑ REUS Has produced a current drivers license +p MYCOMMISSION WERBY O# HH 182T79 Has ❑ produced asdentification. EXPIRES: October 6.2025 / - Banded Thru Noinry Publicvnaerwrifefs Notary Signature: /�—� M08-con-00115U 55 REV 3/4/2020 Page 129 of 205 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240008511 I, _Susan Collard (print name), as Owner (title, If applicable) of 9990 Gulf shore or (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicant ❑contract purchaserF—Iand that: 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. 1 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 and restrictions imposed by the approved action. 5. We/I authorize Greg Orickll Marine Construction Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • 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 facts stated in it are true. S_ C.,Q Susan Collard (Sep 11, 2024 1731 EDT) Signature STATE OF FLORIDA COUNTY OF COLLIER 9/10/2024 Date The foregoing instrument was acknowleged before me by means off physical presence or ❑ online notarization this t0 day of September 20 24 , by (printed name of owner or qualifier) Susan Collard Such person(s) Notary Public must check applicable box: F] Are personally known to me ❑ Has produced a current drivers license ❑ Has produced _ as identification. Notary Signaturr C— CP\08-COA-00115\155 REV 3/4/2020 iVti.. W'• MAKERBY OREUS MY COMMISSION # NH 182779 -,s EXPIRES: October 6, 2025 "' f eF °•,' Bonded TTuu Notary PuW Undenttifers Page 130 of 205 117 33miky [woad & Operated For Over 25 Years License #C28961 Tuesday, September 17 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 contain a Small docking facility. The proposed work will entail the construction of a new docking facility with two boatlifts which will protrude 50' 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 BIDE (PL20240008508) has been applied for alongside this VA. This variance petition seeks to reduce the riparian line setback on the North side of the proposed dock from the required 15-feet to 8.0-feet. The subject property is zoned 1- Single Family Residential within the Conner's Vanderbilt Bch community with a single-family residence currently on the uplands permit number PRBD20210204687 CO'd on 06/01/2023 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 North side but does on the South 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 131 of 205 F`.3miky [woad & Operated For Over 25 Years License #C28961 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 the southern neighboring property and potential on northside, 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 2815 Bayview Dr • Naples, FL 34112 Office: (239) 949 — 5588 • Fax: (239) 301— 2238 • E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com Page 132 of 205 I1`+3rnity Owned & Operated For Over 25 Years License #C28961 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 BIDE 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. 2815 Bayview Dr • Naples, FL 34112 Office: (239) 949 — 5588 • Fax: (239) 301— 2238 • E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com Page 133 of 205 OMO'sO £'lZ-ZZ\a0 3aOHs �7nO 0666\J.3Aan S\(A0N0) s,l3nans 3NIaVW NOIdO - £lz\ZZOz J.anans 103rOdd\J.3AanS\:O S ❑ U m p w~ O O z w 0 1 11 l<0 0 O O� z O m o O Nti ❑ Z Lg m Pot w g � x � O� � F ¢- Q z o wp 0 o Y O 0 U d> w= F n 3 N Q h zo UIQ ¢ N _ Z0 p w orQ w4 ¢ Ox H �-w zz. z m�rv3c~i z w w z¢ H3 ��a ¢ oozes ¢Om Qz Y O Nw y WS \FO pz� ❑ z¢ 2 m U ¢ W SUK zow }ter 3¢a� _� mI w❑ z- zoNw arQUpW=moF ❑ U m ❑ - m >�o Owl ¢o��yo zw `n -�3az� - tiV maw o�o� w < o �o - a~ a ¢�o¢w zF ¢�oF >o�v�pvwio wpa0 FOO�� oWp�m zZzK O=� p¢x�w m No z3 om ¢o�io`nttU a�o ��¢z ❑ ❑ rv❑ aZ ¢a 003 a��n ¢O�OOOw of �1! Z oa�3Y mr �� o�f'}n❑ zzpo o-o gz ��oo pN~�❑�`='po �' ,� O ooJ mo¢Z¢ wr z imp Qxm - rp P. 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For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of cant) STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means ofQ✓ physical presence or ❑online registration this ` cl day of �a_�_ , 202d, by 6,'k, f°i rwho is P1 personally known to me or Elhas produced as identification. Signat re of otaryPublic Notary Public State of Florida' I r, A Msrisol Rotor l My Commission HN 569166 Print Name of Notary Public Expires 7127/2028 Page 137 of 205 GIIEG ORIC1W MARINE CONSTRUCTION FamiltV Owned & Operated For Over 25 Yeah License #C28961 Wednesday, January 29, 2025 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, PL20240008511, 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 29 Section 29, Township 48, Range 25, Collier County, Florida Also Known As 9990 GULF SHORE DR Folio: 27530720008 It is our intent to ask the County to allow us to reduce the minimum side yard setback from the Northern riparian line from 15 feet to 8 feet to accommodate the proposed docking facility, Boathouse 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 2815 Bayview Dr • Naples, FL 34112 Office: (239) 949 — 5588 • Fax: (239) 301— 2238 • E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com Page 138 of 205 \\ {0. HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO :'_' _:''' ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO 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 RepFesentati Authorization X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) X , minutes and tFansGFipt/er summary) `' Agent Letter & Mailing List Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver Utility Letter X Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\job Aides or Help Guides Page 140 of 205 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 f►ash drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. Signature of AgWt Representative Date Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Informationuob Aides or Help Guides Page 141 of 205 John Kelly From: John Kelly Sent: Tuesday, February 25, 2025 5:03 PM To: John Kelly Subject: VA-PL20240008508 and BD-PL20240008508 - 9990 Gulf Shore Dr - Sign Posting 02/25/2025 at 1420hrs Attachments: Posting-1 jpg; Posting-2 jpg I, John Kelly, Planner III, herewith affirm that I posted a required notice of public hearing sign to the front of the above address for the purpose of advertising the public hearing for the subject projects on February 25, 2025, at approximately 2:20 PM. Respectfully, John Kelly Planner III Zoning Office:239-252-5719 9) Collier Count 2800 N Horseshoe Dr. Naples, Florida 34104 [IMMOM John. Kellvacolliercountvfl.aov 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 142 of 205 PUBLIC HEARING FOR VARIANCE s , Petition No. PL20240008511 AND BOATHOUSE/DOCK EXTENSION To Allow a 50-foot Protrusion _ Petition No. PL20240008508 HEX: March 13, 2025, at 2 P.M. Career Source Center 3050 North Horseshoe Drive -Suite 110 John Kelly, Planner III: (239) 252-5719 I Page 143 of 205 John Kelly From: Cerkleski, Jim <jim.cerkleski@cloverimaging.com> Sent: Monday, September 16, 2024 12:20 PM To: John Kelly Cc: cacollard@outlook.com Subject: 10030 Gulf Shore Drive/9990 Gulf Shore Drive 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. Dear Mr Kelly, This letter is to inform you that my neighbor Mr Craig Collard and I have discussed each others plans for our new docks and have approved each others variance as long as the City has no issues. As you will see when visiting the Location, a straight boat dock is safer, cleaner looking and presents no distractions to any of our other neighbors. The La Playa docks are already out much further than ours will be We appreciate your review and look forward to your decision CLOVER Jim Cerkleski m: 847-774-0101 Executive Chairman e:iim.cerkleski(cDcloverimaaino.com ENVIRONMENTAL SOLUTIONS Linkedin Profile This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this message in error, please destroy it (and any attachments) and notify the sender immediately. The recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. RECAPTURE. REUSE. REMARKET. Page 144 of 205 John Kelly From: Cerkleski, Jim <jim.cerkleski@cloverimaging.com> Sent: Wednesday, September 18, 2024 4:43 PM To: John Kelly Cc: Craig Collard Subject: 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 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 afternoon 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. Jim Cerkleski 10030 Gulf Shore Dr 847-774-0101 Page 145 of 205 3/13/2025 Item # 3.0 ID# 2025-845 PETITION NO. BD-PL20240008508 - Collard Dock - 9990 Gulf Shore Drive - Request for a 30-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 50 feet into a waterway that is 551.8 feet wide, pursuant to LDC Section 5.03.06.11 for property located at 9990 Gulf Shore Drive and further described as Lot 29, Block B, Re - Subdivision of Part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion Item PL20240008511) [Coordinator: John Kelly] Commission District 2 ATTACHMENTS: Staff Report BD 02282025 Attachment A - Dock and Site Plans Attachment B - Boundary, Topographic Survey and Site Plan Attachment C - Applicant's Backup, Application and Supporting Documents Attachment D - Public Hearing Sign Posting Attachment E - Correspondence - Letter of No Objection Page 146 of 205 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 13, 2025 SUBJECT: BD-PL20240008508, 9990 GULF SHORE DRIVE — COLLARD DOCK, COMPANION TO VA-PL20240008511 PROPERTY OWNER/APPLICANT: Craig and Susan Collard 1205 Four Meadows Ln Morrisville, NC 27560 REQUESTED ACTION: AGENT: Mark Oreus Greg Orick II Marine 3710 Prospect Ave Naples, FL 34104 The petitioner requests a 30-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 50 feet into a waterway that is 551.8t 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 9990 Gulf Shore Drive, approximately 80 feet south of Bayview Avenue, also known as Lot 29, 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 an irregularly shaped lot with a concave shoreline comprising 0.31 acres located within a Residential Single-Family-3 (RSF-3) Zoning District; said lot has been improved with a 3-story single-family residence completed in 2023. The petitioner desires to construct a shore - perpendicular dock facility that will protrude 50 feet into the Vanderbilt Lagoon and will have two boatlifts, one for a 40-foot vessel and the other up to be decked over for up to two personal watercraft (PWCs), the vessel's slip will be covered with a 20.5-foot by 40-foot boathouse. A companion Variance is required to accommodate the side/riparian setback along the northern riparian line. A letter of no objection was received from the property owner to the north. BD-PL20240008508; 9990 Gulf Shore Dr - Collard Page 1 of 8 02/28/2025 Page 147 of 205 � rv: z Lrt A Al � - 2 r 1 ! TrEv > I. GJ i r L U CD 4M 4M C4 C4 J z F- 0 CL OL 0 J 0 N O 00 O (6 d BD-PL20240008508; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 2 of 8 SURROUNDING LAND USE & ZONING: North: A single-family dwelling located within a Residential Single-Family-3 (RSF-3) Zoning District East: Vanderbilt Lagoon waterway then single-family residences within an RSF-3 Zoning District South: La Playa Beach and Golf Club, located within a Residential Tourist Zoning District and the Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) West: Gulf Shore Drive (Right -of -Way) then a single-family dwelling located within an RSF-3 Zoning District Collier County GIS BD-PL20240008508; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 3 of 8 Page 149 of 205 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 seawall shoreline, which 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. The subject property is improved with a single-family residence. Proposed is a single dock facility comprising two slips, one for a 40-foot vessel and the other to be decked over for up to two 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.) 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 B. 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.) 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 BD-PL20240008508; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 4 of 8 Page 150 of 205 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 551.8' and the proposed dock facility protrudes a total of 50' from MHWL, which is 9.06% 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 notes that the property owner to the north is in the process of constructing a dock, Permit No. PRMAR20241251516 that will protrude 52 feet into the subject waterway for which both a BD and a VA were approved; HEX Decision numbers PL20230008895 and PL20230012485, respectively. The two neighbors had discussed plans with each other, and each provided the other with Letters of No 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.) 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 40' 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 40' boat can only dock safely perpendicular to the shoreline." Staff concurs. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The applicant's agent states: "The design of the proposed boat dock is for recreational vessels to be maintained safely without incident. No excessive deck area is being proposed, as shown in the site plan." Staff concurs. BD-PL20240008508; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 5 of 8 Page 151 of 205 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 64' feet (1 ea. 40' long Boat & 2 ea. 12' long PWC), which is more than 50 percent of the linear water frontage, being 67' 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 and further notes that due to existing flood elevations the houses and buildings in this area are significantly above ground level. 5. Whether the proposed dock facility will impact seagrass beds. (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 that 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. CONCURRENT LAND USE APPLICATIONS: Companion Petition No. VA-PL20240008511 requests the required 15-foot side yard riparian setback to be reduced to 8 feet along the northern riparian 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 party 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 BD-PL20240008508; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 6 of 8 Page 152 of 205 30 days of the decision. If the petition is 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. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BD- PL20240008508, 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-PL20240008511. Attachments: A) Proposed Dock Plans B) Boundary, Topographic Survey and Site Plan C) Applicant's Backup, application and supporting documents D) Public Hearing Sign posting E) Correspondence - Letter of No Objection BD-PL20240008508; 9990 Gulf Shore Dr - Collard 02/28/2025 Page 7 of 8 Page 153 of 205 A 0 N O 7 N f0 a I , I I I IIIIIIIIIII \\ I II I I I ,� II // �� III II I I IIIIIIII /�\ I I I I I I I I I III I I I \ III III I //\ 1 1 III I I I I//j/ , I I , � I III IIIIIIII Aj�Aj N1171 I I I \ II `� g l IIII I I III �r' I II n 1 1 III III II 1 1 1 1 /VAVA\/ IIII II I \ I i'I II, Illii i1I I I IV/V/V/ I II I I jAAjAAj o li ii i iiI i iIIII ��A��AA/ vlll ii iIIII A LI u ��AA��\ �. 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GMCD Public Portal Online Payment Guide E-Permitting Guides BOATHOUSE ESTABLISHMENT PETITION OR BOAT DOCK FACILITY EXTENSION Land Development Code Section 5.03.06 Chapter 3 B.1 or 13.2 of the Administrative Code THIS PETITION IS FOR (check one or both, if applicable): ❑� BOATHOUSE FV DOCK EXTENSION APPLICANT INFORMATION Name of Property Owner(s): COLLARD, CRAIG=& SUSAN Name of Applicant if different than owner: Mark Oreus Address: 1205 FOUR MEADOWS LANE City: MOORISVILLE Telephone: 239-949-5588 E-Mail Address: Name of Agent: Mark Oreus Firm: Greg Orick II Marine Construction Inc Address: 3710 Prospect Ave Telephone: 239-949-5588 E-Mail Address: Permits@orickmarine.com Cell: City: Naples Cell: PROPERTY LOCATION Section/Township/Range:29 /48 /25 Property ID Number: Subdivision: Conners Vanderbilt Unit:1 Block: B Lot: 29 Address/ General Location of Subject Property: 9990 GULF SHORE DR Current Zoning and Land Use of Subject Property: 1 - SINGLE FAMILY RESIDENTIAL State: NC ZIP: 27560 State: FL ZIP:34104 27530720008 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.coll iercountyfl.gov Paqe 1 of 7 Page 161 of 205 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 0 - VACANT RESIDENTIAL S RT-VBRTO 39 - HOTELS, MOTELS E VANDERBILT LAGOON WATERWAY W RSF-3 - RT-VBRTO RESIDENTIAL, HOTEL/ MOTELS 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 Lift to be installed with a 50' protrusion from the Wet Face of seawall/MHWL. The protrusion is 11 % of the 551.8' Total Canal Width. 1. Water Width: 551.8 ft. 2. Total Property Water Frontage: 67 ft. SITE INFORMATION Measurement from:❑plat ❑✓ survey ❑ visual estimate other(specify): 3. Setbacks: Provided: 8' N, 15's ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 50 ft. 5. Number and Lengths of Vessels to Use Facility: 1. 40 ft. 2. 12 ft. 3. 12 ft. 4. ft. 6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. N 55.6, S 75' ft. 7. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway oT eacn: 164 Bayview Dr - 21', 228 Bayview Dr - 30' Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Paae 2 of 7 Page 162 of 205 1. 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? .31 Acres 2. 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 a copy.) 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.) Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 3 of 7 Page 163 of 205 DOCK EXTENSION SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage.(The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 J must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) BOATHOUSE CRITERIA The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in determining its recommendation to the decision maker. The decision maker will utilize the following criteria as a guide in the decision to approve or deny a particular Boathouse request. In order for the request to be approved, all of the criteria must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses and covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a palm frond "chickee" style. A single-family dwelling unit must be 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 greatest extent practical. Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 4 of 7 Page 164 of 205 ASSOCIATIONS Complete the following for all registered Homeowner / 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: N/A Mailing Address: Name of Homeowner/Civic Association: Mailing Address: Name of Homeowner/Civic Association: Mailing Address: Name of Homeowner/Civic Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: City: State: ZIP: Name of Homeowner/Civic Association: Mailing Address: City: State: ZIP: Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 5 of 7 Page 165 of 205 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ® ❑ Property Ownership Disclosure Form ® ❑ Affidavit of Authorization, signed and notarized ® ❑ Completed Addressing Checklist Site plan illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); ® ❑ • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. • Roof Structure on Dock Signed and sealed survey ❑ ❑ Chart of site waterway ❑ ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 6 of 7 Page 166 of 205 PLANNERS —INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑Bayshore/Gateway Triangle Redevelopment: ❑ Historical Review: Executive Director ❑ 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) All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, 1 attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Sig/njature of Pet�xdner or Agent Printed Name Date Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 7 of 7 Page 167 of 205 GREG 0111CIC MARINE CONSTRUCTION Famity Owned and Operated For Over 30 Years 0 ce #oeoao1 License #C28961 Tuesday, August 10, 2024 Collier County Growth Management Zoning Division 2800 N Horseshoe Dr. Naples, FL 34104 Re: PL20240008508 9990 Gulf Shore Dr (BDE) To Whom It May Concern, Please find attached a Request for a 30-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 two lift dock facility, protruding a total of 50 feet into a waterway that is 551.8 ± feet wide, and a 20' 5" x 40' Boathouse over the proposed dock, pursuant to LDC Section 5.03.06 located at 9990 Gulf Shore Dr, Naples, Florida 34108. The dock will contain two dry slips with one being a decked over PWC lift. The proposed project will be accompanied by Setback Variance Project under PL20240008511 to reduce the Northern setback from 15' to 8'. The property is located on the west side of the Vanderbilt Channel. Due to the Pie shape property several challenges occurs as it shape restricts having a normal shore parallel docking facility. The subject property is located within Section 29, Township 48, and Range 25 in Collier County and can be identified by folio #27530720008. The current property currently contains a Single family home (PRBD20210204687). 2815 Bayview Drive, Naples FL 34112 Office: (239) 949 — 5588 • E-Mail: info@orickmarine.com www.orickmarine.com Page 168 of 205 Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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: 7 C Name and Address % of Ownership Craig Collard 50 Susan Collard 50 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Page 169 of 205 Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f f. Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a corporation. partnership. or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Page 170 of 205 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: n GQifie-r C014ftty w ti 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 7/23/2024 Agent/Owner,ature Date MACp Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Page 171 of 205 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240008508 I, _Susan Collard (print name), as Owner (title, If applicable) of 9990 Gulf shore or (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicant ❑contract purchaserF—Iand that: 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. 1 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 and restrictions imposed by the approved action. 5. We/I authorize Greg Orickll Marine Construction Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • 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 facts stated in it are true. S_ C.,Q Susan Collard (Sep 11, 2024 1731 EDT) Signature STATE OF FLORIDA COUNTY OF COLLIER 9/10/2024 Date The foregoing instrument was acknowleged before me by means off physical presence or ❑ online notarization this t0 day of September 20 24 , by (printed name of owner or qualifier) Susan Collard Such person(s) Notary Public must check applicable box: F] Are personally known to me ❑ Has produced a current drivers license ❑ Has produced _ as identification. Notary Signaturr C— CP\08-COA-00115\155 REV 3/4/2020 iVti.. W'• MAKERBY OREUS MY COMMISSION # NH 182779 -,s EXPIRES: October 6, 2025 Bonded TTuu Notary PuW Undenttifers Page 172 of 205 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240008508 1 Craig Collard (print name), as Owner (title, if applicable) of _9990 Gulf shore Dr (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerm applicant=contract purchaser[ --land that: 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. 1 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 and restrictions imposed by the approved action. 5. Well authorize Greg Orick II Marine Construction Inc to act as ourimy representative in any matters regarding this petition including 1 through 2 above. *Notes: • 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 facts stated in it are true. Craig Coll-(Sep 11, 2024 1(,:4.5EDT) 9/10/2024 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or ❑online notarization this 10 day of _September 20 24 by (printed name of owner or qualifier) Craig Collard Such person(s) Notary Public must check applicable box: ❑x Are personally known to me ❑ REUS Has produced a current drivers license +p MYCOMMISSION WERBY O# HH 182T79 Has ❑ produced asdentification. EXPIRES: October 6.2025 / - Banded Thru Noinry Publicvnaerwrifefs Notary Signature: /�—� M08-con-00115U55 REV 3/4/2020 Page 173 of 205 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 Occupied 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 30-foot extension from the allowed 20-foot protrusion, for a total 50-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 174 of 205 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 551.8' and the proposed dock facility protrudes a total of 50' from MHWL, which is 9.06% 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 55.6' from proposed dock. Page 175 of 205 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 40' 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 40' 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 176 of 205 Response: Criteria Not Met - Vessel LOA combined is 64' feet (1 ea. 40' long Boat & 2 ea. 12' long PWC), which is more than 50 percent of the linear water frontage, being 67' 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 1 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 177 of 205 Boathouse criteria under LDC Section 5.03.06(F): 1. Minimum side setback requirement: Fifteen feet. Response: Criterion has Not been met, but will be upon approval of companion variance (PL20240008511). The North side of the boathouse provides a setback of 8 feet from the Riparian line; A Companion Variance has been submitted for the deficit, the South side of the boathouse provides a setback of >15 feet from the South Riparian line. See Site Plan Survey. 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. Response: Criterion has Not been met. The boathouse roof may protrude up to 3 feet into the waterway beyond the maximum protrusion; in this case, the roof overhang will extend 1.5 feet beyond the permitted maximum protrusion should the BIDE be approved. A Boat Dock Extension Petition has been submitted to allow for a total protrusion on 50' from MHWL. This will become the new Maximum. See Site Plan Survey or Boathouse Cross Section 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. Response: Criterion has been met. The proposed actual height is 15 feet from the top of the seawall. See Boathouse Cross Section. 4. Maximum number of boathouses or covered structures per site: One. Response: Criterion has been met. Only one boathouse will be built. 5. All boathouses and covered structures shall be completely open on all 4 sides. Response: Criterion has been met. All 4 sides of the proposed boathouse are designed to be left open. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Response: Criterion has been met. A single-family house has already been constructed on this lot, the proposed boathouse roof will be matching the same material and color as the existing house. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Response: Criterion has been met. The proposed boathouse addition is consistent with existing facilities along that shoreline and does not impact the view of the adjacent neighbors. 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NAPLES, FL 34108 SUBMERGED RESOURCE SURVEY REPORT JULY 2024 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES.COM Page 190 of 205 Table of Contents 1 Introduction.......................................................................................................................................1 2 Objective.............................................................................................................................................2 3 Methodology......................................................................................................................................3 4 Results.................................................................................................................................................4 5 Conclusion..........................................................................................................................................5 6 Photos.................................................................................................................................................. 6 Page 191 of 205 9990 Gulf Shore Dr. Submerged Resource Survey July 2024 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 9990 Gulf Shore Dr., in Naples, Florida 34108. The subject property can be further identified by folio number 27530720008 and is located within Section 29, Township 48 South, Range 25 East, in Collier County. 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 0.31-acre parcel that can be found on the northwest side of Vanderbilt Lagoon just south of Bayview Ave. The subject waterway connects directly to the Gulf of Mexico through Water Turkey Bay and Wiggins Pass which are considered man -altered waterways in the northern part of Collier County. The upland parcel currently consists of a single- family resident that has an existing concrete seawall shoreline with an existing dock with a boatlift and poly float that accommodates one vessel. The property is neighbored to the north by a single-family residence, to the south by a commercial property, to the east by the subject waterway, and to the west by Vanderbilt Drive. The SRS was conducted on July 18th, 2024, between approximately 11:45 a.m. and 12:15 p.m. Site conditions consisted of partly cloudy skies and a slight breeze. Water clarity was poor and only allowed approximately 6 -12 inches of visibility. The ambient air temperature was approximately 88 degrees Fahrenheit and wind speeds averaged 9 miles per hour from the southeast. The average water temperature was approximately 82 degrees Fahrenheit. High tide occurred prior to the site inspection at approximately 10:09 a.m., reaching 3.0 feet above the mean low water mark. A low tide occurred after the site inspection at approximately 5:30 a.m. and reached approximately -0.2 feet above the mean low water mark. 1 Page 192 of 205 9990 Gulf Shore Dr. Submerged Resource Survey July 2024 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed dock and boathouse facility 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 to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 2 Page 193 of 205 9990 Gulf Shore Dr. Submerged Resource Survey July 2024 CT METHO O DO L THA biologists intentionally designed the methodology of the SRS to cover not only the entire subject property shoreline for the proposed dock and boathouse installation but also the area within 200 ft. of the proposed site as required by the Collier County LDC. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, adjacent docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on a shoreline taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3 Page 194 of 205 9990 Gulf Shore Dr. Submerged Resource Survey July 2024 4 RESULTS The substrate observed within the surveyed area consisted of a silty muck material with occasional mollusk shells and leaf litter present along the seafloor. During the submerged portion of the survey Eastern oyster (Crassostrea virginica) and barnacles (Balanus sp.) were observed along the existing pilings; however, no other resources are present within the vicinity of the project site. 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 Mollusks Eastern oyster Crassostrea virginica Barnacle Balanus s . H Page 195 of 205 9990 Gulf Shore Dr. Submerged Resource Survey July 2024 5 CONCLUSION The submerged resource survey was conducted along the subject property's shoreline and extended out past the existing dock into the waterway. An existing dock and boat lift are present and protrude approximately 23 feet into the waterway. Oysters and barnacles are present on the existing pilings and along the seawall panels. No other resources were observed during the survey. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project. 67 Page 196 of 205 9990 Gulf Shore Dr. 6 PHOTOS Submerged Resource Survey July 2024 Figure 1: View of the existing dock Figure 2: View of barnacles observed on the existing pilings. 6 Page 197 of 205 9990 Gulf Shore Dr. Submerged Resource Survey July 2024 Figure 3: View of silty muck substrate material present onsite. Page 198 of 205 Q O O Z N ) zi ~ Z O V � ON O bA cu cn w w �Z�w w000 (n(DLLIt �poO W N f (n O z0a 200' — 0 0 N I A* HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO 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 RepreseRtatiPA4 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 Revised5/18/2018 Provide to Agents G:\CDE5 Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides Page 200 of 205 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 A t Representative Date MGM C) (-e.� s Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\)ob Aides or Help Guides Page 201 of 205 John Kelly From: John Kelly Sent: Tuesday, February 25, 2025 5:03 PM To: John Kelly Subject: VA-PL20240008508 and BD-PL20240008508 - 9990 Gulf Shore Dr - Sign Posting 02/25/2025 at 1420hrs Attachments: Posting-1 jpg; Posting-2 jpg I, John Kelly, Planner III, herewith affirm that I posted a required notice of public hearing sign to the front of the above address for the purpose of advertising the public hearing for the subject projects on February 25, 2025, at approximately 2:20 PM. Respectfully, John Kelly Planner III Zoning Office:239-252-5719 9) Collier Count 2800 N Horseshoe Dr. Naples, Florida 34104 [IMMOM John. Kellvacolliercountvfl.aov 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 202 of 205 PUBLIC HEARING FOR VARIANCE s , Petition No. PL20240008511 AND BOATHOUSE/DOCK EXTENSION To Allow a 50-foot Protrusion _ Petition No. PL20240008508 HEX: March 13, 2025, at 2 P.M. Career Source Center 3050 North Horseshoe Drive -Suite 110 John Kelly, Planner III: (239) 252-5719 I Page 203 of 205 John Kelly From: Cerkleski, Jim <jim.cerkleski@cloverimaging.com> Sent: Monday, September 16, 2024 12:20 PM To: John Kelly Cc: cacollard@outlook.com Subject: 10030 Gulf Shore Drive/9990 Gulf Shore Drive 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. Dear Mr Kelly, This letter is to inform you that my neighbor Mr Craig Collard and I have discussed each others plans for our new docks and have approved each others variance as long as the City has no issues. As you will see when visiting the Location, a straight boat dock is safer, cleaner looking and presents no distractions to any of our other neighbors. The La Playa docks are already out much further than ours will be We appreciate your review and look forward to your decision CLOVER Jim Cerkleski m: 847-774-0101 Executive Chairman e:iim.cerkleski(cDcloverimaaino.com ENVIRONMENTAL SOLUTIONS Linkedin Profile This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this message in error, please destroy it (and any attachments) and notify the sender immediately. The recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. RECAPTURE. REUSE. REMARKET. Page 204 of 205 John Kelly From: Cerkleski, Jim <jim.cerkleski@cloverimaging.com> Sent: Wednesday, September 18, 2024 4:43 PM To: John Kelly Cc: Craig Collard Subject: 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 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 afternoon 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. Jim Cerkleski 10030 Gulf Shore Dr 847-774-0101 Page 205 of 205