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CCPC Agenda 03/15/2012 RCCPC MEETING AGENDA MARCH 15, 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MARCH 15, 2012, 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 26, 2012 (CCPC /EAR based GMP Amendments), February 16, 2012 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PDI- PL2012 -159, The Dunes PUD, a Resolution of the Collier County Planning Commission relating to Petition Number PDI- PL2012 -159 for insubstantial changes to the Dunes Planned Unit Development Master Plan for the purpose of depicting the area for construction of a 49 slip boat dock facility in the manmade portion of the waterway labeled "Conservation Easement /Waterway" for property located at 11495 Vanderbilt Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to BDE- PL2010 -979) [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 1 9. ADVERTISED PUBLIC HEARINGS A. Note: This item has been continued from the November 3, 2011 CCPC meeting, the November 17, 2011 CCPC meeting, then again from the January 5, 2012 CCPC meeting: CU- PL2009 -1412: Alico Land Development, Inc. — A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow extraction or earthmining and related processing and production within a Rural Agricultural Zoning District with Mobile Home Overlay and Rural Land Stewardship Area (RLSA) Overlay pursuant to Subsection 2.03.01.A.l.c.1 of the Collier County Land Development Code for a project to be known as Lost Grove Mine located in Sections 5, 6, 7, 8 and 18, Township 46 South, Range 28 East, Collier County, Florida. [Coordinator: Kay Deselem, AICP, Principal Planner] Note: This item has been continued from the March 1, 2012 CCPC meeting: B. VA- PL2011 -1410: Wahl Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL20110001410, for a variance from Land Development Code Section 5.03.06.e.5 to permit a reduced side yard (riparian) setback from 15 feet to 9.3 feet on the eastern boundary of the property located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range 26 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] C. Note: This item has been continued from the March 1, 2012 CCPC meeting: BDE- PL20110001409: Wahl Boat Dock Extension - A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL20110001409 for a 34.6 foot boat dock extension over the maximum 20 foot limit provided in Section 5.03.06 of the Collier County Land Development Code to allow for a 54.6 foot boat dock facility in an RSF -4 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp n n TO: FROM: HEARING DATE: SUBJECT: AGENDA ITEM 9 -13 Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION MARC;, PETITION VA- PL20110001410 WAHL VARIANCE COMPANION ITEM: BDE- PL20110001409 PROPERTY OWNER/AGENT: Owner: Fred and Marci Wahl 100 Port Dock Road Reedsport, OR 97467 REQUESTED ACTION: Agent: Joshua W. Maxwell, EIT Turrell, Hall and Associates 3584 Exchange Avenue Naples, FL 34104 To have the Collier County Planning Commission (CCPC) consider an application for a proposed variance from the required side yard riparian line setback of 15 feet for property with more than 60 feet of water frontage to 9.3 feet as provided for in Section 5.03.06 E.5 of the Land Development Code (LDC). The requested action (if approved) would allow a dock facility at 9.3 feet from the riparian line. GEOGRAPHIC LOCATION: The subject property is located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range 26 East in Collier County, Florida. (See location map on following page) PURPOSE/DESCRIPTION OF PROJECT: n The purpose of the project is to rebuild a grandfathered 363 square -foot dock serving two vessels within its existing footprint. The proposed dock is an "L" shaped dock that includes a 5.5 to 7.5— foot wide dock totaling 348± square feet over water. The proposed dock protrudes 54.3 feet into an 800 -foot long waterway (as measured from the mean high water line (MHWL) to MHWL)). VA- PL20110001410 WAHL VARIANCE March 5, 2012 Page 1 of 8 LOCATION MAP PETITION # VA-PL-2011-1410 ZONING MAP 20 20 x06 220 221 t 2 11u1631e BD x3 201 UR1� 423 222 lo 422 's CA e 19e 199 a PPP 1e fee +eo � , azl 234 aza C agpp 420 197 Q 16e 17e 177 NI { 196 191 175 �� {1e 19 19J 17a 195 17J P � 4y7 419 MARUN BAY H�Cp 172 391 4J4 IN 167 171 16 368 sr 3es .3 3 165 170 JM 153 154 155 156 157 1>0 156 1W 161 162 16 164 4 310 s9a J97 I52 � Sy 2834 3J9 K, 79 39 W 1s1 TAHITI CIR. (NASSAU Si. 1sx� 3m ls9 o� e 261 � d 260 3� 335 pq0 3 316 ST D 3]e 4 1w � 239 �7 C� 347 s7 S 148 TAHITI CIRCLE 269 301 257 270 h � 3 331 3 V ss1 Ia 'µ BD 30D sq N`r4C 1M 45 1u1a2 141 140 139 1Je 137 ,� � 30a 135 ° 3 J37 �3 Ja 307 I' 297 4 Bo Sr 3 ISLES OF CAPRI r •�3 '�Yrn 710311 3z 311 95 73 Sp 325 291 ]1 94 n4 0 73 31 D 31 71e 9J BD 92 277 2 317 286 of BD 50 POMPANO BAY BD 49 281 265 o °2 S RSF -4 48 263 B D ,,RD A -ST as m se ss u o— v 54 46 m VO W BD HAWK ST. Bo4S 44 61 se w eo 6x N BD 76 77 76 >, 74 7J 72 70 71 69 06 67 6 65 6J BD {2 V BD SNOOK BAY 61 W 79 B I I 64 41 Bo a PELICAN JB ::• 80 S�fET D A -ST u � � JI S 6 7 6 10 .tt. � MARM 70 BD 4 9 12 IJ 14 15 16 17 1e +o 37D ZD BD BD 27 ?Z TJ x4 23 xa BD RMF -16 SITE MARCO RIVER LOCATION LOCATION MAP PETITION # VA-PL-2011-1410 ZONING MAP A D r Z M N a 0 PROPERTY E BOUNDARY S 0 10 20 yo I ti� 5• 6 REBUILT " 2. DOCK � bo g;L 9 °v PROPOSED IRAILING 1y� � -� wl Z, I ¢I d! EE I REQUIRED — 15'SETBACK 7' 'I in CNi .2Z9 �I 6.9' 8 �yg / ROPOSED NEW LIFT P 41% . a =t qy REQUIRED — 15'SETBACK BIG MARCO RIVER 3. 6�— PROPOSED NEW LIFT �y1 16� 1� 9 1 SITE ADDRESS: 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 NOTES: THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. ALL DATUM SHOWN HEREON IS REFERENCED TO MLW SURVEY COURTESY OF: "MARCO SURVEYING AND MAPPING " SURVEY DATED: 01494011 APPLICANT OWNED SHORELINE (APPX LF): 71V EXISTING OVERWATER STRUCTURE (APPX SF): 763 WIDTH OF WATERWAY, MHW TO MHW (APPX): 900' TIDAL DATUM: MLW (NAVD)- 4.97' MHW (NAVD)• +0.12' • PROPOSED OVERWATER STRUCTURE (APPX SF): 749 • TOTAL OVERWATER STRUCTURE (APPX SF): 749 • TOTAL PROTRUSION FROM MHWL: 94.9' Turrell, Hall & Associates, Inc. DESIGNED: T.T.T. 5, WA H � O � � DRAWN BY: RMJ 4. Marine & Environmental Consulting CREATED: 05.11 -2011 7. JOB NO.: 1115 2. 3584' 584 Exchange Ave. Suite B. Naples, FL 34104 -3132 PROPOSED DESIGN SHEET NO.: 5 OF S 11. IRW[12-01-20111JWMI ADDED RIPARIAN SETBACKS Email: tunaa@tumilassociates.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION -05 TOWNSHIP -52S RANGE -26E In addition, there are two proposed boat lifts serving two vessels: one is located on eastern side of the dock and the other on the southern side of the dock. In order to rebuild the dock in its existing footprint, the existing "T" shaped dock will be rebuilt into an "L" shaped dock to allow a boat dock lift along the eastern side of the dock. A variance is sought to allow a dock facility at 9.3 feet from the riparian line. This variance petition is a companion application to a boat dock extension petition, BDE- PL20110001409, for a proposed 34.6 -foot extension to the maximum allowed 20 foot boat dock which would (if approved) would allow a 54.6 -foot long dock. The Conceptual Site Plan entitled "Wahl Dock - Proposed Design" dated May 11, 2011, and prepared by Turrell, Hall & Associates, Inc. illustrates the location of the proposed boat dock and boat lifts. (See Site Plan on previous page). According to information provided by the applicant, the neighbor to the west of the subject site has an existing, approximately 35 -foot long boat dock with a boat house. The neighbor to the east has an existing, approximately 35 -foot long boat dock. In addition, Staff has received two letters of objection (see Attachment B). SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single - family residence, with a zoning designation of RSF -4 North: Pelican Street West, then a Single - family residence, with a zoning designation of RSF -4 East: Single - family residence, with a zoning designation of RSF -4 South: Big Marco River West: Single - family residence, with a zoning designation of RSF -4 VA- PL20110001410 WAHL VARIANCE March 5, 2012 Page 4 of 8 AERIAL GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located 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 home and mixed -use projects. As previously noted, the subject petition seeks a variance for a single family home that is located within a single - family subdivision, which is an authorized use in this land use designation, therefore, the single family home 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. ANALYSTS: Section 9.04.01 of the Land Development Code gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A. through H. (in bold font below), as general guidelines to assist in making their recommendation of approval or denial. Staff has analyzed this petition relative to these provisions and offers the following responses: VA- PL20110001410 WAHL VARIANCE March 5, 2012 Page 5 of 8 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. According to information provided by the applicant, the subject property is located in an aquatic preserve. The Department of Environmental Protection (DEP) limits the protrusion of docks to -4 feet MLW (mean low water) unless a dock is rebuilt within the former footprint of the existing dock. 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 are the subject of the Variance request? Yes. The original "T" shaped dock was constructed by a different owner. In addition, according to information submitted by the applicant, there are strong currents in the Marco River that make it difficult to maneuver. There are also two existing dock which belong to the neighbors on either side. The neighbor to the west has a dock located only 3.5 feet away from the subject property. Therefore, to allow safe mooring, the proposed boat dock configuration was developed. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The existing site conditions, mentioned above, make it difficult for the applicant to ^ moor his vessel safely. The proposed "L" shaped dock is intended to make it easier to moor the vessels. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The proposed dock is reasonable while still allowing for safe access for the vessel to moor within the riparian area. 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? No. Most other neighboring properties moor two vessels. This property owner is seeking the same. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed dock design will reduce the impact on the neighboring dock to the west by relocating boat mooring to the east side of the dock. In addition, the proposed dock will have no impact to navigation in the river. VA- PL20110001410 WAHL VARIANCE March 5, 2012 Page 6 of 8 g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The boat dock is located within the Rookery Bay Sanctuary Aquatic Preserve. Because of this, the applicant is restricted to rebuilding the existing dock rather than reconfiguring the dock's location to accommodate two vessels without a variance. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This variance petition was not required to go before the EAC for review and approval. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA -PL- 20110001410, revised February 29, 2012. - STW RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA- PL- 20110001410, Wahl Boat Dock Variance to the Board of Zoning Appeals (BZA) with a recommendation of approval. VA- PL20110001410 WAHL VARIANCE March 5, 2012 Page 7 of 8 PREPARED BY: V'AMJA " I" NANCY G D A H, AICP, PRINCIPAL PLANNER DEPART T O LAND DEVELOPMENT SERVICES REVIEWED BY: RAYM V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES LIAM D. RE JR., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION MARK P. STRAIN, CHAIRMAN M Fcb" 0. ?.BIZ DATE Z'1- 1z DATE 62- -ze -Zvi Z DATE -3 _S` —tL DATE DATE Tentatively scheduled for the April 24, 2012 Board of County Commissioners Meeting Attachment: A. Resolution Attachment: B. Letters of Objection VA- PL20110001410 WAHL VARIANCE March 5, 2012 Page 8 of 8 n RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL20110001410, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 15 FEET TO 9.3 FEET ON THE EASTERN BOUNDARY OF THE PROPERTY LOCATED AT 8 PELICAN STREET WEST, ISLES OF CAPRI IN SECTION 5, TOWNSHIP 52 SOUTH, RANGE 26 EAST 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 No. 200441, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after n notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.5 of the Land Development Code to permit a reduced side yard (riparian) setback from 15 feet to 9.3 feet as shown on the attached Exhibit "A ", in the RSF -1 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number VA- PL20110001410 filed by Joshua Maxwell of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 11, Isles of Capri No. 1, according to the plat thereof as recorded in Plat Book No. 3, Page 41, of the Public Records of Collier County, Florida Folio No. 52340400004 be and the same hereby is approved for a variance to permit a reduced side yard setback from 15 feet to 9.3 feet as shown on the attached Exhibit "A ", in the RSF -1 Zoning District, wherein said property is located. Wahl Variance NA- PL2011 -1410 Rev. 12 /8 /11 1 of 2 Attachment A BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of 2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: DRAFT Steven T. Williams Assistant County Attorney Attachment: Exhibit A — Site Plan CPt 11- CPS - 01126\9 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Wahl Variance NA- PL2011 -1410 Rev. 12/8/11 2 of 2 , Chairman E: s~ r R D o� Z 83, FEET) - LONGITUTDE: W 8$' 43'53.97" (NORTHING / Y, 5979 7.5DS (SP FL EAST, NAD 83, FEET) COUNTY AERIAL Twell, Hall & Associates, Inc. L 9:> Q <I—",, K Marine & Environmental Consulting 3584ExchangeAve. Suite B. Naples, FL 34104.3732 LOCATION MAP Email: tuns irmmllassociares.com Phone: (239) 643 -0166 Fix: (239) 643- 6632 Exhibit A SECTION -05 TOWNSHIP -528 RANGE -26E 'Awl-I I .. r. =', M I _'- 4040*4* m �, � , a. ' NOM '' -� . / NEIGHBORING �--- 22.8' '22.9' ,11 THIS PORTION OF THE DOCK HAS DOCK'S EXISTING h BEEN REMOVED IN COOPERATION ztig DOCK '9 WITH DEP'S LETTER DATED MARCH 9, wt--�` 28 „6' vrzlp� 2011. (CERTIFIED MAIL NO. 7010187000018/4775170) Z' til'° ? 1 9 z Z Q SITE ADDRESS: 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 REQUIRED -- / �615' SETBACK EXISTING MOORIN Noyes: • THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND PILES[. R FQ I.II R FD ARE NOT INTENDED FOR CONSTRUCTION USE. ALL DATUM SHOWN HEREON XT REFERENCED TOW W 15' SETBACK SURVEY COURTESY OF: -MARCO SURVEYING AND MAPPING SURVEY DATED: 04H3011 APPLICANT OWNED SHORELINE (APPX LF), TT EXISTING OVERWATER STRUCTURE (APPX SF): 762 WIDTH OF WATERWAY. MHW TO MHW (APP)(): 400' TIDAL DATUM: - MlW {WINDY •1.N' MHW (NAVO)• MA2' BIG MARCO RIVER . TOTAL PROPOSED OVATER STRUCTURE (APPX N): WA TOTAL OVERWATER STRUC711RE (APP)( 6F); WA TOTAL PROTRUSION FROM UKAL' MI.O' Turrell, Hall & Associates, Inc. DESIGNED T.T.T. s VVA H L C]► C� G K CREATED, R� .. Marine & Environmental Consulting CREATED' 0�, +•20,1 _ .waNO.. , +,5 2. 3 584 Exchange Ave. Suite B. Naples, FL 34104 -3732 EXISTING CONDITIONS WITH AERIAL SHEETING._ 20FE 1. RMJ,2-07.20„ ,wM ADDEDRIPARIA4SETBACKS Emil: fpn2(I 1umlkassOCIatnxom PhOne: (239) A3 -0166 Fax: (239) 643 -M32 SECTION- 05 TOWNSHIP-525 RANGE- 26E iX7 STING sc�cE�x r a #+�1 SEAWALL EXISTING q t '. OORI I G 1 261- . u� PILE 1 29'3' NEIGHBORINt� DOCK NEIGHBORING �--- 22.8' '22.9' ,11 THIS PORTION OF THE DOCK HAS DOCK'S EXISTING h BEEN REMOVED IN COOPERATION ztig DOCK '9 WITH DEP'S LETTER DATED MARCH 9, wt--�` 28 „6' vrzlp� 2011. (CERTIFIED MAIL NO. 7010187000018/4775170) Z' til'° ? 1 9 z Z Q SITE ADDRESS: 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 REQUIRED -- / �615' SETBACK EXISTING MOORIN Noyes: • THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND PILES[. R FQ I.II R FD ARE NOT INTENDED FOR CONSTRUCTION USE. ALL DATUM SHOWN HEREON XT REFERENCED TOW W 15' SETBACK SURVEY COURTESY OF: -MARCO SURVEYING AND MAPPING SURVEY DATED: 04H3011 APPLICANT OWNED SHORELINE (APPX LF), TT EXISTING OVERWATER STRUCTURE (APPX SF): 762 WIDTH OF WATERWAY. MHW TO MHW (APP)(): 400' TIDAL DATUM: - MlW {WINDY •1.N' MHW (NAVO)• MA2' BIG MARCO RIVER . TOTAL PROPOSED OVATER STRUCTURE (APPX N): WA TOTAL OVERWATER STRUC711RE (APP)( 6F); WA TOTAL PROTRUSION FROM UKAL' MI.O' Turrell, Hall & Associates, Inc. DESIGNED T.T.T. s VVA H L C]► C� G K CREATED, R� .. Marine & Environmental Consulting CREATED' 0�, +•20,1 _ .waNO.. , +,5 2. 3 584 Exchange Ave. Suite B. Naples, FL 34104 -3732 EXISTING CONDITIONS WITH AERIAL SHEETING._ 20FE 1. RMJ,2-07.20„ ,wM ADDEDRIPARIA4SETBACKS Emil: fpn2(I 1umlkassOCIatnxom PhOne: (239) A3 -0166 Fax: (239) 643 -M32 SECTION- 05 TOWNSHIP-525 RANGE- 26E q Lri M /yy -hO o Zo hy1 EXISTING 3.5' 3' NEIGHBORING DOCK REQUIRED e 15' SETBACK 6' w I Z h � 2y. 2 Q S 0 !0 20 40 &Aa IN 227 PROPERTY BOUNDARY I 777Lh 2 L Lo a b1 M 15.2' hn� 00 cV co r"-- 22.8' h1 EXISTING y DOCK h9 e t 2h'S EXISTING MOORING --V PILES REQUIRED - 15'SETBACK BIG MARCO RIVER Turrell, Hall & Associates, Inc. VV16011111L H L— d O <-"*, K Marine & Emrironmental Consulting 3584Lxrl)angeAve.SnilcB. Naplrs.FL34104 -3732 EXISTING CONDITIONS LmaiL ••Nn3!iymrtcll- ac�(�ciuc�s„cum pMrne:(23�►h43 -01ti6 Fax: {'2i4)G43�i632 , �M...,,,.„. �, ..�,�,..�...,..,.,�.�.._- - -.... ___...__.. _ . -. ..__ _. 35.9' ---- -• I 36.2' -- ---• -1 EXISTING NEIGHBORING DOCK SITE ADDRESS: 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 NOTES: • THESE DRAWINGS ARE FOR PERMIT71NO PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE • ALL DATUM SHOWN HEREON IS REFERENCED TO MLW SURVEY COURTESY OF- "MARCO SURVEYING AND MAPPING " SURVEY DATED: 0x-36 -2011 • APPLICANT OWNED SHORELINE (APPX LF), 75' • EXISTING OVERWATER STRUCTURE (APPX SF) 363 • WIDTH OF WATERWAY, MHW TO MHW (APPX). 600' • TIDALOATUM. MLW (NAVD)• -1.63' MHW (NAVD)• +0A2' • PROPOSED OVERWATER STRUCTURE (APPX SF): NIA • TOTAL OVERWATER STRUCTURE (APPX SF): WA • TOTAL PROTRUSION FROM MHWL: 66.6' 'ESIGNEV, ITIT r SECTION -06 TOWNSHIP -52S RANGE -26E c n REBUILT DOCK - [ BO 7 PROPOSE v •7 77 ��3 I a U z�f tiy� z; f z 0 s' N �y5 c N un PROPOSEp NEW LIFT -i ISO" -X REQUIRED i 5' St i UA1.1m BIG MARCO RIVER THIS PORTION OF THE DOCK HAS SEEN REMOVED IN COOPERATION WITH DEP'S LETTER DATED MARCH 9, 2011. (CERTIFIED MAIL NO. 70101870000184775170) SITE ADDRESS- 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 NOTES: • THESE ORANANGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. • ALL DATUM SHOWN HEREON IS REFERENCED 10 MLW • SURVEY COURTESY OF: "MARCO SUPIVEYNG AND MAPPING SURVEY DATED: 06.78 -Ml APPLICANT OWNED SHORELINE (APPX LF), TV EXISTING OVERWATER STRUCTURE (APPX SF): 383 'MOTH OF WATERWAr, MHW TO MHVV (APPX), 800' TIDAL DATUM: MLW (NAVD)- .1AT MHW (NAVDp 0.02' PROPOSED OVERWATER STRUCTURE (APPX SF): 348 TOTAL OVERWATER STRUCTURE IAPPX SF): 3" TOTAL PROTRUSION FROM MHWL: 94C DESIGNED. 7.T.T, 5, Terrell, Hall & As'OCiates, Inc. p C K �,�r SIT -0t, 3. Marinc & Environmental Consulting JOHND. ,s 2 - - 35R4FxchangeAYe.SuiteD. Naples,FL341W3732 PROPOSED DESIGN WITH AERIAL SHEET NO.; ,DEB 1. RMl 12 -0,�II .NSA AbdEDPoPARMN6ETRACKS Gmail :tuna {aturreibacstXia(LS.caII PhunD:(234)643 -0166 239) 643-6632 - 5ECTION -05 TOWNSHIP -528 RANGE -26E REBUILT DOCK - [ BO PROPOSE v •7 77 ��3 I U z�f tiy� z; f 0 s' �y5 REQUIRED 15' SF-FBAGK N un PROPOSEp NEW LIFT -i ISO" -X REQUIRED i 5' St i UA1.1m BIG MARCO RIVER THIS PORTION OF THE DOCK HAS SEEN REMOVED IN COOPERATION WITH DEP'S LETTER DATED MARCH 9, 2011. (CERTIFIED MAIL NO. 70101870000184775170) SITE ADDRESS- 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 NOTES: • THESE ORANANGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. • ALL DATUM SHOWN HEREON IS REFERENCED 10 MLW • SURVEY COURTESY OF: "MARCO SUPIVEYNG AND MAPPING SURVEY DATED: 06.78 -Ml APPLICANT OWNED SHORELINE (APPX LF), TV EXISTING OVERWATER STRUCTURE (APPX SF): 383 'MOTH OF WATERWAr, MHW TO MHVV (APPX), 800' TIDAL DATUM: MLW (NAVD)- .1AT MHW (NAVDp 0.02' PROPOSED OVERWATER STRUCTURE (APPX SF): 348 TOTAL OVERWATER STRUCTURE IAPPX SF): 3" TOTAL PROTRUSION FROM MHWL: 94C DESIGNED. 7.T.T, 5, Terrell, Hall & As'OCiates, Inc. p C K �,�r SIT -0t, 3. Marinc & Environmental Consulting JOHND. ,s 2 - - 35R4FxchangeAYe.SuiteD. Naples,FL341W3732 PROPOSED DESIGN WITH AERIAL SHEET NO.; ,DEB 1. RMl 12 -0,�II .NSA AbdEDPoPARMN6ETRACKS Gmail :tuna {aturreibacstXia(LS.caII PhunD:(234)643 -0166 239) 643-6632 - 5ECTION -05 TOWNSHIP -528 RANGE -26E w z J Q: (L Fx I REQUIRED - 15' SETBACK PROPERTY BOUNDARY 1 zo 6.9' - 12, ROPOSED EW LIFT z5a 2h 5 REQUIRED - 15'SETBACK 777-R .5; 6 REBUILT ,�y 2. DOCK ao as V- PROPOSED r' RAILINI4--s a'- 7' 1 zo 6.9' - 12, ROPOSED EW LIFT z5a 2h 5 REQUIRED - 15'SETBACK 1� 9 M Q1 BIG MARCO RIVER zI, s a i3- Turrell, Hall& Associates, Inc, Marine &Environmental Consulting ' 3584 Exchange Ave. Suite H. Naples, FL 34104 -3732 PROPOSED DESIGN ImaiL IImT(;wrnllassceiates.rnm Phonc: (239)643 0166 Fax: (239) 643.6632 ,�� •„�,,,,, , ,,,,„ ®,� �, „,, • y ,, , .— E o scatrFm+r�r SITE ADDRESS: 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 NOTES: • THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE • ALL DATUM SHOWN HEREON IS REFERENCED TO MLW • SURVEY COURTESY OF: 'MARCO SURVEYING AND MAPPING' SURVEY DATED: 04.211.2011 • APPLICANT OWNED SHORELINE (APPX LF): TS • EXISnNG OVERWATER STRUCTURE (APPX SF): 307 • WIDTH OF WATERWAY, MHW TO MHW (APPX): 000' TIDAL DATUM: MLW (NAVD)- .1J3• MHW (NAVD)• .DAY • PROPOSED OVERWATER STRUCTURE(APPX SF): 3411 • TOTAL OVERWATER STRUCTURE (APPX SF): 3411 • TOTAL PROTRUSION FROM MHW L: 04.0' DESIGNED. T.T.T. 5 ' DRNMI SY: RMJ 4, CREATED, 05.11.2019 3. JOB NO.: 1175 2 SHEET ND. 5 OF 0 i2.014011 J14M I ADDED RIPARNN 3ETSA.CH SECTION -05 TOWNSHIP -529 RANGE -26E 777-R .5; 6 5 ,�y 2. PROPOSED r' NEW LIFT 1� 9 M Q1 BIG MARCO RIVER zI, s a i3- Turrell, Hall& Associates, Inc, Marine &Environmental Consulting ' 3584 Exchange Ave. Suite H. Naples, FL 34104 -3732 PROPOSED DESIGN ImaiL IImT(;wrnllassceiates.rnm Phonc: (239)643 0166 Fax: (239) 643.6632 ,�� •„�,,,,, , ,,,,„ ®,� �, „,, • y ,, , .— E o scatrFm+r�r SITE ADDRESS: 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 NOTES: • THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE • ALL DATUM SHOWN HEREON IS REFERENCED TO MLW • SURVEY COURTESY OF: 'MARCO SURVEYING AND MAPPING' SURVEY DATED: 04.211.2011 • APPLICANT OWNED SHORELINE (APPX LF): TS • EXISnNG OVERWATER STRUCTURE (APPX SF): 307 • WIDTH OF WATERWAY, MHW TO MHW (APPX): 000' TIDAL DATUM: MLW (NAVD)- .1J3• MHW (NAVD)• .DAY • PROPOSED OVERWATER STRUCTURE(APPX SF): 3411 • TOTAL OVERWATER STRUCTURE (APPX SF): 3411 • TOTAL PROTRUSION FROM MHW L: 04.0' DESIGNED. T.T.T. 5 ' DRNMI SY: RMJ 4, CREATED, 05.11.2019 3. JOB NO.: 1175 2 SHEET ND. 5 OF 0 i2.014011 J14M I ADDED RIPARNN 3ETSA.CH SECTION -05 TOWNSHIP -529 RANGE -26E 54.6' 17.5' 12' 3' 7.5' PROPOSED RAILING PROPOSED REBUILT BOAT LIFT DOCK EXISTING SEAWALL QA SECTION 0 3 6 12 SCALE IN FEET 12.5' ALL PILINGS WILL BE WRAPPED IN PVC FROM 1 FT ABOVE MHW SITE ADDRESS: \ \ TO 0.5 FT BELOW SUBSTRATE 8 PELICAN STREET WEST MARCO ISLAND, FL 34135 NOTES: • �� \� \ 'f;.^ ' 4 . THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT;NTENDED FOR CONSTRUCTION USE SHOWN ff / ALL DATUM SHOWN HEREON IS REFERENCED TO MLW SURVEY COURTESY OF: 'MARC. SURVEYING AND MAPPING' SURVEY DATED: R STRUCTURE MOTH APPLICANT WATERWAY. SHORELINE MKIN LFj: ) \ � t EXISTING OVERWATER STRUCTURE (APPX SF)' !!3 MOTH ERWAY. MHW TO MMW (APPX). a00' TIDAL DATUM. PROPOSED PROTRUSION FROM STRUCTURE 4' SF): 216 TOTpI. OVERWATERSTIRUCTURE IAPPX SP) N! \\ TOTAL PRorausloN PROM MHWL a.c i { T TT Terrell, Hall &Associates, Inc, V�I/,A H Q G C 1100 CRE �� os ....„ 1 _ Marine & Environmental Consulting JOB NO :115 12 t3584 Exchange Ave. Suite B. Naples, FL 341 W3732 DOCK CROSS SECTION SHEe, NO.- 6OF6 Email: 1uparitumll- mciate5R0al Phone: (239) 643. )160 Fax: (239) 64Ni632 - ,.,� ...�. �,n„�..�. -. -.�.- SECTION -05 TOWNSHIP- 52S RANGE - 25E GundlachNancy ^From: Josh Maxwell [Josh @turrell- associates.com] Sent: Wednesday, February 29, 2012 3:26 PM To: GundlachNancy Subject: RE: Petition # BDE- PL20110001409 Nancy, We understand Mr. Spiegel's concerns but feel he may not fully understand why the Wahl's need the BDE and Variance. Reason for BDE: The Wahls are not requesting to extend their dock any further than the existing structure. It will in fact protrude 4 ft. less than the existing mooring pilings associated with the existing dock. The reason they require a BDE is because they would like to re- construct a grandfathered dock that was built prior to the BDE requirement and add two boat lifts. This will allow them to replace their dock with a safe, new structure and provide them safe mooring for their vessels, just like the majority of the docks around Isles of Capri. Reason for the Variance: The Wahls would like to moor one vessel on the eastern side of their dock, with Collier County's current riparian offsets there is not enough room to install the lift without either moving the dock (not permitted by DEP) or acquiring a Variance from Collier County. The new dock and lift will actually be approximately 4ft further from the eastern riparian line than the dock that was in place from 1995 -2011 (see CollierAppriaser.com for Aerials). The new dock design will not interfere with any neighboring vessel's ingress /egress and the slips will be usable during all n tidal cycles. Just like any dock on the Marco River, some skill will be required to moor in the swift current, which the Wahls already know about. This design does not alter either neighbor's view from what they have had for the last 27 years, it simply allows the Wahls to utilize boat lifts like the majority of the Docks around Isles of Capri, including Mr. Spiegel. Regards, Joshua W. Maxwell, E.LT. Turrell, Hall & Associates, Inc. Marine S Environmental Consulting 3584 Exchange Avenue Naples, FL. 34104 -3732 Phone: (239) 643 -0166 Fax: (239) 643 -6632 Web: www.turrell - associates.com THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT 1S PRIVILEGED, CONFIDENTIAL. WORK PRODUCT AND /OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From: GundlachNancy [mailto:NancyGundlach @colliergov.net] Sent: Tuesday, February 28, 2012 3:55 PM To: Josh Maxwell Subject: FW: Petition # BDE- PL20110001409 Attachment B Please see Letter of Objection below. From: GundlachNancy Sent: Tuesday, February 28, 2012 1:47 PM To: SawyerMichael Subject: RE: Petition # BDE- PL20110001409 Thanks, Mike. From: SawyerMichael Sent: Tuesday, February 28, 2012 10:34 AM To: GundlachNancy Cc: BellowsRay Subject: FW: Petition # BDE- PL20110001409 Nancy, Please see below email related to the Wahl Variance and BDE Petitions. Thanks, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 From: Art Spiegel [ mai Ito: aspiegel8000 @charter.net] Sent: Tuesday, February 28, 2012 10:27 AM To: SawyerMichael Subject: Petition # BDE- PL20110001409 To: Collier County Planning Commission Department of Zoning And Land Development Ref: Petition # BDE- PL20110001409 34.6 foot dock extention 8 Pelican Street West Naples, Florida 34113 Please be advised that I am a landowner at 4 Pelican Street West. My property was purchsed two years ago with consideration given for value based on size of my lot and view from my lot. Prior to purchasing the property, I reviewed my rights of development as well as the rights of the property owners around me. Because of the building codes for my area, I was assured that my property would be a good investment. The codes for my area were impossed and regulated by Collier County for my and surrounding properties. We are now faced with the potential of a landowner getting a variance on restrictions that we, the other landowners rely on to protect us. Be advised that I am adamantly opposed to the above variance and will take any necessary steps to stop this variance from being granted. 2 A variance as requested would allow a protusion of the dock to a point that it would extremely limit the present beautiful ,---,,view both East and West that neighbors now enjoy. We invested in and paid for a view that should be limited only by Defined regulations and laws, not by variances that take from others what is rightfully theirs. I also note that a dock extention as proposed would not only interfere with the viewshed of neighbors but would also interfere with neighboring access to their own docks. Please note that there is tremendous current in this area and navigation is tricky at best. For reasons above, I respectfully request denial of this request for variance. Very truly yours, Arthur S. Spiegel 4 Pelican Street West Naples, Fl 34113 mailing address; 700 la Peninsula Blvd PH 1 Naples, F134113 Tel 518- 569 -4004 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. GundlachNancy From: Josh Maxwell [Josh @turrell- associates.com] Sent: Thursday, March 01, 2012 4:13 PM To: GundlachNancy Subject: Wahl - Letter of Objection (VA- PL2010 -1410) Attachments: Objection - Tradewell.pdf Nancy, Please find attached a Letter of Objection we received today from George Tradewell. He owns the house two lots west of the Wahls property, along the Marco River. His dock has two boat lifts and protrudes beyond the 20ft limit (as measured on www.collierappraiser.com). I am not sure when Mr. Tradewell's dock was built or why he feels the Wahls should be held to stricter criteria than his own dock, when his own structure does not appear to conform to the rules for non- BDE docks, but his brief request for denial doesn't really provide us with any real response opportunity. We are going through this process legally with the County to ensure we follow the rules and there weren't any comments provided by Mr. Tradewell that would red -flag the propriety of our process to -date. If you have any questions about Mr. Tradewell's letter or my response please contact me. Regards, Joshua W. Maxwell, E.I.T. Turrell, Hall & Associates, Inc. Marine & Environmental Consulting 3584 Exchange Avenue Naples, FL. 34104 -3732 Phone: (239) 643 -0166 Fax: (239) 643 -6632 Web: www.turrell - associates.com THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND /OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From the desk of George Tradewell 12 W Pelican St- Naples, FL 34113 215 783 8753 Turrell, Hall & Associates. Inc. 3584 Exchange Ave. Naples, Fl. 23 February 2012 Re: Proposed Dock Variance at 8 W Pelican St, Naples, FL 34113 Dear Mr. Maxwell, I am in receipt of your letter directed to me concerning the above referenced matter, and I hasten to respond. In the absence of a hardship, I must object to your proposal, as submitted, in that it would be unfair to selectively enforce the existing code knowing that it has been strictly enforced in so many other similar instances. Sincerely, eor ewe I From: Joan A Evans To: Nancy Gundlach Date: March 4, 2012 Subject: Petition #VA -PL 20110001410 Collier County Planning Commission, Department of Zoning and Land Development Ref: To permit a reduced sideyard (riparian) setback from 15 feet to 9.3 feet at 8 West Pelican St. Naples, Fl 34113 I, Joan A Evans, have owned the property at 6 West Pelican Street for 19 years. Please be advised that I am adamantly opposed to granting this variance. Riparian rights are those rights incident to the ownership of lands bordering upon navigable waters. These rights are my rights of ingress, egress, boating, fishing and the right to an unobstructed view of the channel. They are subject to "reasonable" governmental restrictions. My right to build a dock to access navigable waters, lands bordering water which were navigable at the time of Florida's statehood (3/3/1845), are benefitted by riparian rights. My riparian rights lines are drawn from the extension of the upland property lines. Therefore I request you do not grant this petition. Thank you. Joan A Evans 6 West Pelican St. Naples, Florida 34113 AGENDA ITEM 9-C Co ier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWT MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: MARC , 2012 SUBJECT: BDE- PL20110001409, WAHL BOAT DOCK EXTENSION (COMPANION ITEM: VA- PL20110001410) PROPERTY OWNER/AGENT: Owner: Fred and Marci Wahl, Agent: Joshua W. Maxwell, EIT, 100 Port Dock Road Turrell, Hall and Associates Reedsport, Or 97467 3584 Exchange Avenue Naples, F134104 REQUESTED ACTION: The petitioner is requesting a 34.6 -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 54.6 feet into a waterway that is 800 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 8 Pelican Street West and is further described as Lot 11, Isle of Capri Subdivision, Unit 1, Section 5, Township 52 South, Range 26 East, Collier County, Florida, Folio number 52340400004. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to rebuild the current 363 square foot dock facility within the existing dock footprint. The new facility has been redesigned into an "L" shaped dock with a 5.5 foot wide access walkway with a 7.5 foot wide terminal platform that serves 2 boat lifts and vessels. One of the boat lifts will be located on eastern side of the walkway with the second lift located on the southern side of the terminal platform. The proposed dock is approximately 348 square feet and protrudes.a total of 54.3 feet into a waterway that is approximately 800 feet wide MHWL (Mean High Water Line) to MHWL. There is no dredging proposed for this project. The proposed dock requires a 34.6 boat dock extension and a companion variance petition VA- PL20110001410. It is further noted that a new residence is currently being constructed on this parcel consistent with Building Permit BP- 2011090231. BD- PL2011 -1409, Page 1 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) "M uJM / f BD- PL2011 -1409, Page 2 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) CL z z 0 N d UU W IL 0 Ol H r BD- PL2011 -1409, Page 2 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) CL z z 0 N d UU W IL 0 Ol H SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single Family Residence, with a zoning designation of RSF -4 SURROUNDING: North: Pelican Street West ROW then Single Family Residence, with a zoning designation of RSF -4 East: Single Family Residence, with a zoning designation of RSF -4 South: Big Marco River West: Single Family Residence, with a zoning designation of RSF -4 Aerial photo taken from Collier County Property Appraiser website. BD- PL2011 -1409, Page 3 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) 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 two boat slips and is therefore not subject to the provisions of this section. STAFF COMMENTS: 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 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 proposed dock facility consists of the reconstruction of the existing "T" shaped dock and the addition of two boat slips, which is consistent with the allowed 2 -slip provisions. 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 not met. According to the petitioner's application the water depth for the dock facility are adequate, therefore this criterion is not met. 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.) BD- PL2011 -1409, Page 4 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) ^ Criterion met. According to the information submitted by the petitioner, the proposed facility will not adversely impact navigation due to the width of the existing waterway which is approximately 800 feet (MHW to MHW). The applicant notes that the facility has been designed so that it does not impede navigation. 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. Information provided in the application indicates that the proposed dock will protrude 54.6 feet into a waterway that is 800 feet in width (MHW to MHW). Therefore the dock facility will protrude approximately 6.8 percent of the waterway width which means that it meets this criterion. 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 and noted by the petitioner, the proposed facility has been designed so that it does not interfere with adjacent ^ neighboring docks or access. 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 proposed dock design as noted in the application is consistent with the limitations imposed by DEP for new docks in Aquatic Preserves. Those limitations include no protrusions exceeding 4 feet past Mean Low Water (MLW) line unless the dock is built within the footprint of an existing dock, which is the case for the proposed dock facility. The application notes that the alternative, following DEP limitations, will result in a dock facility allowing the mooring of only one vessel that would include more challenging dock ingress and egress due to waterway currents occurring along the Big Marco River. Therefore the proposed facility meets at least one special condition related to the property in that it is limited by DEP provisions for new dock facilities in Aquatic Preserves as well as the waterway currents occurring along the Big Marco River which reduce the ^ available dock design options. BD- PL2011 -1409, Page 5 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) 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 petitioner indicates that the proposed dock facility includes the reconstruction of an `L" shaped dock with a 5.5 -foot wide walkway leading to a 7.5- foot wide platform allowing access and service to the two proposed vessels. Further it is noted that this deck area is consistent with the footprint of the current dock area. 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 contains a linear waterfront that is 75 feet in length according to the application. The total length of the proposed vessels is 65 feet which is more than 50 percent of the waterfront footage. 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 information provided indicates that the proposed facility will not directly change the views of adjacent parcels because the proposed dock is generally consistent with existing dock facilities in the area. As noted previously the DEP Aquatic Preserve limitations impact the design solutions possible for this facility. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(1) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner, no seagrass beds are known to be located within 200 feet of the proposed dock facility or within this portion of the waterway. 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 not applicable. The proposed facility consists of two boat slips and is therefore not subject to the provisions of this section. BD- PL2011 -1409, Page 6 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) Staff analysis indicates that the request meets four of the five primary criteria. With regard 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. 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- PL20110001409, revised on February 22, 2012. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the CCPC approve Petition BD- PL20110001409 subject to the following stipulation: 1. Subject to the Collier County Board of Zoning Appeals (BZA) approving companion petition VA- PL20110001410. Attachments: A. Resolution B. Application BD- PL2011 -1409, Page 7 of 8 Wahl Boat Dock Extension. February 17, 2011 (revised February 22, 2012) v C EL SAWYER PROJECT MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMGf1TD V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES LIAM D. LOR&Z JR., .E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALXNGUIDA,pyrUTY ADMINISTRATOR GROWTH MANAGEME DIVISION BD- PL2011 -1409, Page 8 of 8 Wahl Boat Dock Extension. February 17, 2011 Zol Z DATE z -Lf- jz DATE oz• 7-2.- Zo/Z. DATE 2 -23 -1Z DATE Attachment A: Draft Resolution CCPC RESOLUTION NO. 12- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE - PL20110001409 FOR A 34.6 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT PROVIDED IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO ALLOW FOR A 54.6 FOOT BOAT DOCK FACILITY IN AN RSF -4 ZONE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (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 34.6 foot extension over the maximum 20 foot limit provided in LDC Section 5.03.06 to allow for a 54.6 foot boat dock facility in an RSF -4 zone for the 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 in public meeting assembled, and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: Petition Number BDE- PL20110001409, filed on behalf of Fred and Marci Wahl by Joshua Maxwell of Turrell, Hall and Associates, Inc., with respect to the property hereinafter described as: Lot 11, Isles of Capri No. 1, according to the plat thereof as recorded in Plat Book No. 3, Page 41, of the Public Records of Collier County, Florida Folio No. 52340400004 Wahl Boat Dock Ext \ BDE- PL2011 -1409 Rev. 01/05/12 1 of 2 be and the same is hereby approved for a 34.6 foot extension of a boat dock over the maximum 20 foot limit to allow for a 54.6 foot boat dock facility in the RSF -4 zoning district wherein said property is located, subject to the following conditions: 1. All docks, or mooring pilings, whichever protrude the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost end on both sides, prior to the issuance of a Certificate of Completion. 2. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a Certificate of Completion. 3. Permits or letters of exemption from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be presented to Collier County prior to issuance of a building permit. 4. All prohibited exotic species, as such term may now or hereinafter be established in the LDC, must be removed from the subject property prior to the issuance of the required Certificate of Completion and the property must be maintained free from all prohibited exotic species in perpetuity. 5. Subject to the Collier County Board of Zoning Appeals (BZA) approving petition VA- P1,20110001410. 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 day of , 2012. ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Nick Casalanguida, Deputy Administrator, Growth Management/Planning & Regulation Division Approved as to form and legal sufficiency: DRAFT Steven T. Williams Assistant County Attorney Mark P. Strain, Chairman Wahl Boat Dock Ext \ BDE- PL2011 -1409 Rev. 01/05/12 2 of n