CCPC Agenda 02/03/2011 RCCPC
MEETING
AGENDA
FEBRUARY 12011
REVISED * ** AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 3,
2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION
OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK
ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO
HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA
PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO
THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS
INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL. USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE
AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA "TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5, APPROVAL OF MINUTES - January 6,2011
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. Flood Damage Prevention Ordinance [Coordinator: Robert Wiley]
9. ADVERTISED PUBLIC HEARINGS
A. Note. This item has been continued from the January 20, 2011 meeting.
BD- PL2010 -1313, Anerzej Lysikiewicz, represented by Jeff Rogers of Turrell, and Associates, requesting
a 40 -foot boat dock extension over the maximum 20 -foot limit in section 5.03.06 of the Collier County
Land Development Code for a total protrusion of 60 feet to accommodate one boat lift for the benefit of lot
14, Block G, in the replat of Unit 3, Little Hickory Shore Subdivision in Collier County, Florida.
[Coordinator: Mike Sawyer, Project Manager]
B. Note: This item is being continued to the February 17, 2011 meeting due to Advertising.
CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area
Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to
commercial acreage, industrial acreage, and allowable residential density; elimination of some existing
designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of
approximately 103 acres to Immokalee Urban Area from Agricultural /Rural within the Rural Lands
Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the petition requests
an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of
the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands
for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element
to show the redesignation of the 103 acres to the Immokalee Urban Area. [Coordinator: Carolina Valera,
Principal Planner]
10. OLD BUSINESS
IL NEW BUSINESS
A. Collier County's Master Mobility Plan Phase II briefing; presented by Jeff Perry
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14, ADJOURN
1/25/2011 CCPC Agenda /Ray Bellows /jmp
TO:
FROM:
AGENDA ITEM 9 -A
Coil�`er County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
DEPARTMENT OF LAND DEVELOPMENT SERVICES
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING DATE: JANUARY 20, 2010
SUBJECT: BD- PL2010 -1313, LYSIKIEWICZ BOAT DOCK EXTENSION
PROPERTY OWNER/AGENT:
Owner: Anerzej Lysikiewicz
523 Valley Drive East
Bonita Springs, FL 34134
REQUESTED ACTION:
Agent: Jeff Rogers
Turrell, Hall & Associates
3584 Exchange Avenue
Naples, FL 34104
The petitioner, is requesting a 40 -foot boat dock extension from the maximum permitted protrusion of
20 feet for waterways greater than 100 feet in width, which will allow construction of a boat docking
facility protruding a total of 60 feet into a waterway that is 420 feet wide.
GEOGRAPHIC LOCATION:
The subject "boat dock lot" is located at 267 3rd Street West, further described as Lot 14, Block "G" in
the replat of Unit 3, Little Hickory Shores Subdivision in Section 5, Township 48 South, Range 25
East. Collier County, Florida. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The purpose of the project is to construct a dock facility on a boat dock lot located in Bonita Shores.
The boat dock lot consists of one lot totaling .01 acres that is too small to accommodate a single family
residence. Please note that boat dock lots are allowed without a residential dwelling unit pursuant to
PU- 87 -17C (Resolution 87 -260) which is included in the Staff Report back -up materials. The proposed
90 square -foot finger dock will consist of a 6 -foot wide access walkway with one boatlift. The facility
will protrude a total of 60.0 feet into a waterway that is approximately 420 feet wide MHWL (Mean
High Water Line) to MHWL. There is no dredging proposed for this project.
BD- PL2010 -1313, Page 1 of 7
LYSIKIEWICZ BOAT DOCK EXT.
December 23, 2010
PETITION # BD -PL- 2010 -1313
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PETITION # BD -PL- 2010 -1313
ZONING MAP
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SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Vacant Boat Dock Lot, with a zoning designation of RSF -4
SURROUNDING:
North:
Little Hickory Bay, with a zoning designation of PUD
East:
Boat Dock Lots, with a zoning designation of RSF -4
South:
3rd Street West, then Boat Dock Lots, with a zoning designation of
RSF -4
West:
Boat Dock Lots, with a zoning designation of RSF -4
ENVIRONMENTAL EVALUATION:
Environmental Services Staff has reviewed this petition and has no objection to the granting
of this request. Section 5.03.06(E)(11) (Manatee Protection) of the Collier County Land
Development Code (LDC) is applicable to all multi -slip docking facilities with ten (10) or
more slips. The proposed facility consists of one boat slip and is therefore not subject to
the provisions of this section.
BD- PL2010 -1313, Page 3 of 7
LYSIKIEWICZ BOAT DOCK EXT.
December 21, 2010
STAFF CON ENTS:
The Collier County Planning Commission (CCPC) shall approve, approve with conditions,
or deny, a dock facility extension request based on the following criteria. In order for the
CCPC to approve this request, it must be determined that at least four of the five primary
criteria and four of the six secondary criteria have been met.
Staff has reviewed this petition in accordance with Section 5.03.06 and finds the following:
Primary Criteria
Whether the number of dock facilities and/or boat slips proposed is
appropriate in relation to the waterfront length, location, upland land use and
zoning of the subject property. Consideration should be made of property on
unbridged barrier islands, where vessels are the primary means of
transportation to and from the property. (The number should be appropriate;
typical single- family use should be no more than two slips; typical multi - family
use should be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
Criterion met. The proposed facility consists of a finger dock and one boat slip on a
boat dock lot, which is less than the allowed 2 -slips per boat dock lot.
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 (AMT). (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. According to the petitioner's application, there are existing
mangroves along the shoreline and the water depth at the site is not adequate to
accommodate the 45 -foot vessel described in the petitioner's application without an
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 in the channel.)
Criterion met. According to the information submitted by the petitioner, there will
be no impact on the navigable waterway because of its 220 -wide width.
Neighboring existing docks protrude similar distances and therefore this dock will
not protrude into or have any adverse impact on navigation within 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
BD- PL2010 -1313, Page 4 of 7
LYSIKIEWICZ BOAT DOCK EXT.
December 21, 2010
width between dock facilities on either side is maintained for navigability. (The
facility should maintain the required percentages.)
Criterion not met. According to the information provided by the petitioner, the
waterway is 420 feet wide from MHW to MHW. The proposed facility will occupy
about 27 percent or 60 feet of the 220 -foot navigable waterway width, which means
that the proposed facility does not meet this criteria.
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. According to the drawings submitted by the petitioner, the proposed
facility will not interfere with the use of neighboring docks.
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 property is situated along a natural mangrove shoreline. The
extension is necessary in order to minimize impacts to existing mangroves which
protrude approximately 15 feet into the water.
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. As shown on the drawings submitted by the petitioner, the 6 foot
wide walkway is not excessive and allows limited direct access to the vessel on the
boatlift for loading /unloading as well as routine maintenance.
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 applicable as this is a boat dock lot.
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.)
BD- PL2010 -1313, Page 5 of 7
LYSIKIEWICZ BOAT DOCK EXT.
December 21, 2010
Criterion met. The proposed dock facility will not impact the view of the
neighboring property owners. The lots in the area are all boat dock lots, and as such,
there are no single family homes associated with the lots.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If
seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC
must be demonstrated.)
Criterion met. According to the information submitted by the petitioner, no seagrass
beds are located within 200 feet of the proposed dock facility or within this portion
of Little Hickory Bay. Therefore, there will be no impact to seagrass beds.
6. Whether the proposed dock facility is subject to the manatee protection
requirements of subsection 5.03.06(E)(11) of this Code. (If applicable,
compliance with section 5.03.06(E)(11) must be demonstrated.)
Criterion met. The proposed facility consists of one boat slip and is therefore not
subject to the provisions of this section.
Staff analysis indicates that the request meets four of the five primary criteria and all of the
secondary criteria.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS:
As to any boat dock extension petition upon which the CCPC takes action, an aggrieved
petitioner, or adversely affected property owner, may appeal such final action to the Board
of Zoning Appeals. Such appeal shall be filed with the Growth Management Division
Administrator within 30 days of the action by the CCPC. In the event that the petition has
been approved by the CCPC, the applicant shall be advised that he /she proceeds with
construction at his/her own risk during this 30 -day period.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for BD- PL2010 -1313 revised on
December 21, 2010.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the CCPC approve Petition BD-
PL2010 -1313.
Attachments: A. Resolution
B. Application
C. Provisional Use 87 -260, RSF -4 Boat Dock Lots
D. Variance 2000 -51, reduced setbacks
BD- PL2010 -1313, Page 6 of 7
LYSIKIEWICZ BOAT DOCK EXT.
December 21, 2010
1
REVIEWED BY:
R. PROJECT MANAGER
LAND DEVELOPMENT SERVICES
12.2 . Zc�cc�
DATE
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RAYM ND V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF LAND DEVELOPMENT SERVICES
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VIICIAM D. LO NZ JR., P.E., DIRECTOR DATE
DEPARTMENT OF LAND DEVELOPMENT SERVICES
APPROVED BY:
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NICK CASALXN-GUtNCDEPUTY ADMINISTRATOR DATE
GROWTH MANAGEMENT DIVISION
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
BD- PL2010 -1313, Page 7 of 7
LYSIKIEWICZ BOAT DOCK EXT.
December 21, 2010
DATE
CCPC RESOLUTION NO. 1I-
RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION RELATING TO PETITION NUMBER BD- PL2010-
1313 FOR A 40 -FOOT BOAT DOCK EXTENSION OVER THE
MAXIMUM 20 -FOOT LIMIT IN SECTION 5.03.06 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR A
TOTAL PROTRUSION OF 60 FEET TO ACCOMMODATE ONE
BOAT LIFT FOR THE BENEFIT OF LOT 14, BLOCK G IN THE
REPLAT OF UNIT 3, LITTLE HICKORY SHORES SUBDIVISION
IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance 04 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting extensions for boat
docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has
held a properly noticed public hearing and has considered the advisability of a 40 -foot extension
over the maximum 20 -foot limit provided in LDC Section 5.03.06 to allow for a 60 -foot boat dock
facility in a residential single family (RSF -4) zoning district for property hereinafter described; and
WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by LDC Section 5.03.06;
and
WHEREAS, all interested parties have been given the opportunity to be heard by this
Commission at a public hearing, and the Commission has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING
COMMISSION OF COLLIER COUNTY, FLORIDA, that:
Petition Number BD- PL2010 -1313, filed on behalf of Anerzej Lysikiewicz by Jeff Rogers
of Turrell, Hall & Associates, Inc., with respect to the property hereinafter described as:
Lot 14, Block G, Replat of Unit No. 3, Little Hickory Shores
according to the map thereof in Plat Book 6, Page 2 of the Public
Records of Collier County, Florida
Lysikiewicz Dock / BD- PL2010 -1313 Page 1 of 2
Rev. 12/21 /10
be and the same is hereby approved for a 40 -foot extension of a boat dock over the maximum 20-
foot limit to allow for a 60 -foot boat dock facility as shown on the Proposed Site Plan attached as
Exhibit "A ", in the zoning district wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote.
Done this
ATTEST:
day of , 2011.
COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
Nick Casalanguida, Deputy Administrator Mark P. Strain, Chairman
Growth Management /Planning & Regulation
Division
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
Attachment: Exhibit "A" — Proposed Site Plan
CP \10- CPS - 01057 \11
Lysikiewicz Dock / BD- PL2010 -1313 Page 2 of 2
Rev. 12/21/10
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LY S I K I E W I C Z ID O C K
K DRAWN BY: VJZ WA SHEET: 4
Marine & Environmental Consulting C
CREATED: 5.3.2010 NIA SCALE:
3584 Exchange A
Ave. S
r. J
JOB NO.: 1021 NIA
Email: tuna ,lam tes.wm Phone: (239) 643 -0166 Fax: (239) 643 -6632 P
A
s
Vl
P
LITTLE HICKORY
BAY
s
ADJACENT DOCK 0 IF 20 410
SWE 9NTEET
45CATAMARAN
TYP.
ADJACENT DOCK \/
0
c `'
P
r
r
MLWL -0.5'
MHWL 0.0'
...........�
LYSIKIEWICZ DOCK
267 3RD ST W LOT 14
BONITA SPRINGS, FL 34134
20'x 28' LIFT
8 PILE TYP.
0
0 \rte 6'0,
ym
1
0 \
LOT 14
BLOCK 'G'
APPROX EDGE OF
MANGROVES
r— — APPROX BOTTOM
OF BANK
�— APPROX TOP
OF BANK
<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
<> ALL DATUM SHOWN HEREON IS REFERENCED TO MLW.
<> APPLICANT OWNS 30 L.F. OF SHORELINE.
<> PROPOSED OVERWATER STRUCTURE: APPROX 90 SO. FT.
<> PROPOSED TOTAL STRUCTURE: APPROX 138 SO. FT.
<> WIDTH OF WATERWAY: APPROX. 420' (MHW TO MHW)
<> WIDTH OF NAVIGVABLE WATERWAY: APPROX. 220'
<> TOTAL PROTRUSION FROM MHWL: 60 FT.
<> TIDAL DATUM: MLW = -0.5' NAVD'88, MHW = 0.0' NAVD'88.
<> SURVEY PROVIDED BY: "COURT GREGORY SURVEYING'
<> SURVEY DATED: 4/30/2010
DESIGNED: T.T.T. REVISION:
Turrell, Hall & Associates, Inc. L Y S I K I E W I C Z O C K
Marine & Environmental Consulting DRAWN BY: VJZ NIA
CREATED: 512010 1 I A
3584 Exchange Ave. Suite B. Naples, FL 34104 -3732 PROPOSED DOCK J013 NO.; 1021 N/A
Email: tuna(a,'tumll- aswciates.com Phone: (239) W3 -0166 Fax: (239) 643.6632 SECTION- 5 TOWNSHIP- 48S
TAB NAME: PROPOSED
SHEET: 5
SCALE.
RANGE -25E
SECTION A -A
0 fU 20
XOALE 9N FEET
46CATAMARAN
TYP.
—xtjW: 0L (HAS..
, ... _�
MLW: -0.5' (NAVD'88)
LYSIKIEWICZ DOCK
267 3RD ST W LOT 14
BONITA SPRINGS, FL 34134
Turrell, Hall & Associates, Inc.
C- Marine & Environmental Consulting
3584 Exchange Ave. Suite B. Naples, FL 34104 -3732
Email: tunr'turr etes.com Phone: (239) 643 -0166 Fax: (239) 643 -6632
o THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
<> ALL DATUM SHOWN HEREON IS REFERENCED TO MLW.
<> APPLICANT OWNS 30 L.F. OF SHORELINE.
<> PROPOSED OVERWATER STRUCTURE: APPROX 90 SO. FT.
<> PROPOSED TOTAL STRUCTURE: APPROX 138 SO. FT.
<> WIDTH OF WATERWAY: APPROX. 420' (MHW TO MHW)
<> WIDTH OF NAVIGVABLE WATERWAY: APPROX, 220'
<> TOTAL PROTRUSION FROM MHWL: 60 FT.
<> TIDAL DATUM: MLW = -0.5' NAVD'88, MHW = 0.0' NAVD'88.
<> SURVEY PROVIDED BY: "COURT GREGORY SURVEYING"
<> SURVEY DATED: 4/30/2010
LYSIKIEWICZ CROCK
DOCK CRr' 'S SECTION
.T.T
IOB NO.: 11021
REVISION: TAB NAME: SECTION
N/A SHEET: 6
WA SCALE. V=10'-
N/A
TOWNSHIP -48S GE -25E