CCPC Agenda 04/05/2012 RCCPC
MEETING
AGENDA
APRIL 5. 2012
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, APRIL 5, 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 March 1, 2012, March 6, 2012 (CCPC cont'd meetingfrom March P), March 15, 2012
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. RZ-PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code,
which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida
by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein
described real property from a C -3 zoning district to a C -5 zoning district for the project known as SSP
Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26
East, Collier County, Florida, consisting of 1.75 +/- acres subject to conditions; and by providing an effective
date. [Coordinator: Kay Deselem, AICP, Principal Planner]
B. 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]
9. ADVERTISED PUBLIC HEARINGS
A. BDE- PL20110000300: Stella Maris Boat Dock Extension- A Resolution of the Collier County Planning
Commission relating to Petition Number BDE- PL20110000300 for a 15 -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 35 feet for the benefit of the entire Stella Maris Development totaling 15,707 square feet of
dockage and including the addition of two new docks located in Section 9, Township 52 South, Range 28
East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager]
10. OLD BUSINESS
11. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
CCPC Agenda /Ray Bellows /jmp
AGENDA ITEM 9 -A
Co e-r County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING DATE: APRIL 5, 2012
SUBJECT: BDE- PL20110000300, STELLA MARIS BOAT DOCK EXTENSION
PROPERTY OWNER/AGENT:
Owner: Stella Maris Homeowners Association, Agent: Jeff Rogers,
4500 Executive Drive, Suite 300 Turrell, Hall and Associates
Naples, F134119 3584 Exchange Avenue
Naples, Fl 34104
REQUESTED ACTION:
The petitioner is requesting a 15 -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 35 feet into a waterway that is 325 feet wide.
GEOGRAPHIC LOCATION:
The subject site is located in the Port of the Islands, Phase II, Subdivision, and further described as a
portion of Tract C, Section 9, Township 52 South, Range 28 East, Collier County, Florida, Folio
number 68300001259, (see location map on the following page).
PURPOSE/DESCRIPTION OF PROJECT:
The purpose of the project is a request for a 35 -foot boat dock extension for Stella Maris which is a
multi - family residential development. The boat dock facility will contain 50 boat dock slips, 48 of
which are existing. On March 23, 2010 the Board of County Commissioners (BCC) approved by
consent a perpendicular and angled boat dock configuration for this development consistent with this
BDE request. The purpose of the BCC approval was to address the Stella Maris Homeowners
Associations desire to bring its property into voluntary compliance with all Federal, State and County
regulations and to obtain all necessary permits (see attachment B). The total overwater dock structure
proposed is 15,707 square feet and protrudes a total of 35 feet into a waterway that is 325 -feet from
MHWL (Mean High Water Line) to MHWL. There is no dredging proposed for this project and the
total length shoreline is 2,118 linear feet.
BD- PL20110000300, Page 1 of 7
Stella Maris Boat Dock Extension.
March 9, 2012 (revised March 14, 2012)
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LOCATION MAP ZONING MAP
PETITION E M- PL- 211 -M
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Multi Family Residence, with a zoning designation of RMF -16
SURROUNDING:
North: Faka Union Canal, then Multi - family Residences, with a zoning designation
of RMF -16
East: Vacant Land, with a zoning designation of RMF -16
South: Faka Union Canal, then Single Family Residences, with a zoning
designation of RSFA
West: Faka Union Canal, then Marina, with a zoning designation of C -4
BD- PL20110000300, Page 2 of 7
Stella Maris Boat Dock Extension.
March 9, 2012 (revised March 14, 2012)
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LOCATION MAP ZONING MAP
PETITION E M- PL- 211 -M
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Multi Family Residence, with a zoning designation of RMF -16
SURROUNDING:
North: Faka Union Canal, then Multi - family Residences, with a zoning designation
of RMF -16
East: Vacant Land, with a zoning designation of RMF -16
South: Faka Union Canal, then Single Family Residences, with a zoning
designation of RSFA
West: Faka Union Canal, then Marina, with a zoning designation of C -4
BD- PL20110000300, Page 2 of 7
Stella Maris Boat Dock Extension.
March 9, 2012 (revised March 14, 2012)
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Aerial photo taken from Collier County Property Appraiser website.
ENVIRONMENTAL EVALUATION:
Environmental review staff found this project to be consistent with the Conservation &
Coastal Management Element (CCME) and Land Development Code (LDC). No impacts
to seagrass beds are anticipated to occur. There are no known seagrass beds within 200 feet
of the proposed dock facility. An environmental resource permit (ERP) dated March 14th,
2011 from the South Florida Water Management District (SFWMD permit # 11- 03193 -P)
has been obtained for the 50 slip docking facility. A Manatee Impact Review (File
no. 100914 -51) dated December 10 , 2010 from the Florida Fish and Wildlife Conservation
Commission was issued with conditions stating there would be no significant affect to the
Florida manatee from the dock facility. The project is subject to the Collier County
Manatee Protection Plan (MPP) criteria. As proposed the project is found to be consistent
with the Collier County Manatee Protection Plan (MPP) per the BCC approval (attachment
B) for Stella Maris.
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:
BD- PL20110000300, Page 3 of 7
Stella Maris Boat Dock Extension.
March 9, 2012 (revised March 14, 2012)
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 50 boat dock slips, which is
appropriate in relation to the 2,118 feet of waterfront length of this development
which contains 50 units. The subject property has a zoning designation of RMF -16
and there are currently 48 boat slips supporting the existing multi - family
development.
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
proposed 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.)
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 325 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 35 feet into a waterway that is 325 feet in width (MHW to
BD- PL20110000300, Page 4 of 7
Stella Maris Boat Dock Extension.
March 9, 2012 (revised March 14, 2012)
MHW). Therefore the dock facility will protrude approximately 9.2 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. Stella Maris is a multi - family development as noted above, however
it also contains individual platted lots for each unit which are generally 30 feet in
width. The existing and proposed docks have generally been constructed within the
30 -foot lot width and also within the 20 -foot protrusion limitation. The proposed
dock configuration requires that some of the vessels, both moored and on boat lifts,
extend past the 20 -foot protrusion resulting in this petition.
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 drawing submitted by the petitioner, the dock area
is not excessive.
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 is not applicable. Stella Maris is a multi - family development and is
therefore not subject to the provisions of this section.
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- PL20110000300, Page 5 of 7
Stella Maris Boat Dock Extension.
March 9, 2012 (revised March 14, 2012)
r
Criterion met. According to the applicant the dock facility is generally consistent
within the development and does not impact waterfront views. The two additional
docks proposed are consistent with the existing facility.
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 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 met. According to Section 3.2.3.4 and 4.6.3 of the Manatee Protection
Plan, the proposed dock facility will be for the mooring of 50 vessels at a multi-
family residential development and therefore subject to the Collier County Manatee
Protection Plan Guidelines. The application indicates that the dock facility will be
constructed per the manatee construction standards.
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 and 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- PL20110000300 dated
March 9, 2012, (revised March 14, 2012).
STAFF RECOMMENDATION:
BD- PL20110000300, Page 6 of 7
Stella Maris Boat Dock Extension.
March 9, 2012 (revised March 14, 2012)
I
Based on the above findings, staff recommends that the CCPC approve Petition
BD- PL20110000300 subject to the following stipulation:
1. A Site Development Plan Insubstantial Change (SDPI) shall be submitted and
approved prior to the issuance of building permits.
Attachments: A. Resolution
B. BCC Approval
C. Application
PREPARED BY:
(kAbim' -
MIPXE SSA YER, ROJECT MANAGER
DEPART ENT OF LAND DEVELOPMENT SERVICES
REVIEWED BY:
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
vza�'.'r�L J
W M D. LORENZ J , P.E., D CTOR
D A .TMENT OF LAND DEVELOPMENT SERVICES
APPROVED BY:
NICK CASALAT
GROWTH MAN
TRATOR
DIVISION
BD- PL20110000300, Page 7 of 7
Stella Maris Boat Dock Extension.
March 9, 2012
x.12.12.
DATE
DATE
DATE
DATE
93
Attachment A. Draft Resolution
CCPC RESOLUTION NO.
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION RELATING TO PETITION NUMBER BDE -
PL20110000300 FOR A 15 -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
35 FEET FOR THE BENEFIT OF THE ENTIRE STELLA
MARIS DEVELOPMENT, TOTALING 15,707 SQUARE
FEET OF DOCKAGE AND INCLUDING THE ADDITION
OF TWO NEW DOCKS LOCATED IN SECTION 9,
TOWNSHIP 52 SOUTH, RANGE 28 EAST, 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 15 -foot
extension over the maximum 20 -foot limit provided in LDC Section 5.03.06 to allow for a 35-
foot boat dock facility in an RMF -16 zoning district 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 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 BDE- PL20110000300, filed on behalf of Stella Maris Homeowners
Association by Jeff Rogers of Turell, Hall & Associates, with respect to the property hereinafter
described as:
Stella Maris Dock / BDE- PL2011 -300
See Attached Exhibit "A'
1 0f2
be and the same is hereby approved for a 15 -foot extension of a boat dock over the maximum 20-
foot limit to allow for a 35 -foot boat dock facility for the entire waterfront exposure of the
development, resulting in 15,707 square feet of total dockage, including two new docks, as
shown on the Proposed Site Plan attached as Exhibit `B" in the RMF -16 zoning district wherein
said property is located, subject to the Conditions of Approval attached as Exhibit "C ".
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.
Nick Casalanguida, Deputy Administrator
Growth Management/Planning & Regulation
Division
Approved as to form
and legal sufficiency:
DRAFT
Steven T. Williams
Assistant County Attorney
COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
Mark P. Strain, Chairman
Attachments: Exhibit A — Legal Description
Exhibit B — Proposed Site Plan
Exhibit C — Conditions of Approval (if any)
CP \l 1- CPS - 01116\3
Stella Maris Dock / BDE- PL2011 -300
2 of 2
Attachment B. BCC Approval
EXECUTIVE SUNINLARY
Agenda Item No. 16A4
March 23, 2010
Page 1 of 22
Recommendation for approval of a perpendicular dock configuration and angled boat dock
configuration for the Stella Maris subdivision in the Port of the Isles.
OBJECTIVE: To obtain Board of County Commissioners (Board) approval for a perpendicular
boat dock configuration and angled boat dock configuration for the Stella Maris subdivision.
CONSIDERATIONS: In September 2009, the owner of a townhouse lot in the Stella Maris
subdivision applied for a building permit to replace an existing boat lift constructed parallel with
the shoreline. The proposed dock configuration is perpendicular to the shoreline. While
reviewing the application, staff further discovered that numerous docks in this subdivision, zoned
RMF -16, were built, without obtaining permits including State and Federal permits, inspections
or Certificates of Completion from the County. The Stella Maris subdivision recorded in Plat
Book 26, Page 27 of the Public Records of Collier County, is classified as multi- family
development and subject to the Manatee Protection Plan (MPP). Section 3.2.3.4 of the MMP
approved by this Board in 1995 provides: "Shoreline development within the seawalled basin at
Port of the Islands will be restricted as follows ... 2. Multi- family residential docks should be
restricted by allowing only marginal wharfs along the waterfront of multi - family areas with no
finger piers of "T" docks ". The purpose of this section is to restrict the number of boats allowed.
Some of the existing docks in the Stella Maris subdivision are parallel to the shoreline (marginal
wharf configuration), some are perpendicular to the shoreline, and some are angled.
The Stella Maris Homeowners' Association, Inc. (HOA) desires to bring its property into
compliance voluntarily by obtaining an amendment to its Site Development Plan showing the
docks and obtaining all other necessary permits, including Federal and State permits and County
building permits. The HOA requests 1 slip for each of the 50 units, consistent with Land
Development Code (LDC) restrictions for multi - family development, but asks that it be allowed
to have the marginal wharf configuration, the perpendicular dock configuration and an angled
boat dock configuration for up to 50 boat slips. The Stella Maris subdivision abuts over 2,000
feet of shoreline. Assuming an average boat length of 22 feet, a marginal wharf configuration
would allow more than the 50 boats requested by the HOA and allowed by the LDC.
Staff is supportive of the perpendicular dock configuration and angled boat dock configuration in
this instance because (1) the number of docks will be limited to 50; and (2) existing parallel boat
lifts are causing damage to the seawall to which they are attached.
Staff believes allowing a maximum of 50 boat slips in the Stella Maris subdivision, regardless of
configuration, is consistent with the intent of the MPP's goal of limiting the boat slips in the Port
of the Islands. However, staff seeks Board action to approve the perpendicular dock
configuration and angled boat dock configuration.
The Board previously approved a settlement agreement on September 15, 2009, Item 17E, which
allowed angle parked boats secured by pilings for Sunrise Cay in Port of the Isles.
FISCAL IMPACT: None for the County.
Agenda Item No. 16A4
March 23, 2010
Page 2 of 22
GROWTH MANAGEMENT IMPACT: This request is consistent with the intent of the
approved MPP by limiting the number of docks that can be constructed and therefore is
supported by policies 7.1.2 and 7.1.4 of the Conservation and Coastal Management Element of
the Growth Management Plan. These policies require the protection and conservation of wildlife.
LEGAL CONSIDERATIONS: The Board has the authority to approve the perpendicular
dock configuration and angled boat dock configuration, particularly since the Manatee Protection
Plan states that the. multi - family residential docks should be restricted rather than shall be
restricted. This item is ready for Board consideration and approval. (HFAC)
RECOMMENDATION: That the Board approve the perpendicular dock configuration and
angled boat dock configuration for the Stella Maris subdivision in the Port of the Isles for
existing and future boat slips and limit the total number of boat slips to 50.
PREPARED BY: Heidi Ashton - Cicko, Section Chief, Land Use /Transportation and Susan Mason,
Principal Environmental Specialist, Engineering, Environmental, Comprehensive Planning and Zoning
Services
2
Agenda Item No. 16A4
March 23, 2010
Page 3 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A4
Item Summary: Recommendation for approval of a perpendicular dock configuration and angled boat dock
configuration for the Stella Maris subdivision in the Port of the Isles.
Meeting Date: 3/23/2010 9:00:00 AM
Prepared By
Heidi F. Ashton Section Chief /Land Use - Transportation Date
County Attorney County Attorney 3/9/2010 1:14:35 PM
Prepared By
Susan Mason
Environmental Specialist, Principal
Date
Community Development &
Environmental Services
Engineering & Environmental Services
3/9/20101:14:35 PM
Approved By
-
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
3/9/2010 3:05 PM
Approved By
Nick Casalanguida Director - Transportation Planning Date
Transportation Division Transportation Planning 3/9/2010 3:25 PM
Approved By
Heidi F. Ashton Section Chief /Land Use - Transportation Date
County Attorney County Attorney 3/912010 4:43 PM
Approved By
William D. Lorenz, Jr., P.E. Director - CDES Engineering Services Date
Community Development &
Environmental Services Engineering & Environmental Services 3 110 /2010 8:09 AM
Approved By
OMB Coordinator Date
County Manager's Office Office of Management & Budget 3/10/2010 9:26 AM
Approved By
Jeff Klatzkow County Attorney Date
3/1212010 2:14 PM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management &
Budget Office of Management &Budget 3/1312010 9:57 AM
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253 Stella Maris Dr. S Dock CO'D Permit 2003121526
257 Stella Maris Dr. S Dock CO'D Permit 2003052618
261 Stella Maris Dr. S Dock CO'D Permit 2003020103
269 Stella Maris Dr. S Dock CO'D
281 Stella Maris Dr. S Dock CO'D
285 Stella Maris Dr. S Dock CO'D
Agenda Item No. 16A4
March 23, 2010
Page 5 of 22
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317 Stella Maris Dr. S Dock CO'D Permit 2000081709/2004032690
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314 Stella Maris Dr. S Dock CO'D Permit 2006063647
302 Stella Maris Dr. S Dock CO'D Permit 1998101444 **
294 Stella Maris Dr. S Dock CO'D Permit 1999031541
�94�te] ia�Vlans�D- ����`1rJ���ermitt�dr -e conf ;� Perrrut°.non�epu°lled for reconfig
290 Stella Maris Dr. S Dock CO'D. Permit 2004032689
286 Stella Maris Dr. S Dock CO'D Permit 1998111014
282 Stella Maris Dr. S Dock CO'D Permit 1999040962
278 Stella Maris Dr. S Dock CO'D Permit 1999061842
274 S #ella Hans Dr�DockUn ermrttel�. �_:Permtx050823 Cancelled **
cw...S-�..y..,..._ ...x__x.,. :LG' in ..:...,.:.,:=.s f� �,,.:.. __._�....... .__._ .. Y,. raee. =...n._,•av:.,:__.:,:,x.�b,.., _5�'.''.,
** denotes other permits that are open and not CO'D
.Agenda Item No. 16A4
ASepte r 1'5�fA
Page i of 16
r-- EXECUTIVE SUMMARY
This item requires that all participants be sworn in and ex parte communication disclosure be
provided. ADA- 2008 -AR 14059, Sunrise Cay II Condominium Association Inc., represented
by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, has
submitted an appeal of the decision for INTP- 2008 -AR- 12749. The appellant has requested
an appeal to the Director's response in which the Director concluded that the proposed
design submitted with the Interpretation request, depicting angle- parked boat parking
with mooring pilings, is inconsistent with the Manatee Protection Plan requirements at
Sunrise Cay IL Through the appeal process both parties have crafted a proposed
settlement agreement which is comprised of a dock design with limiting conditions, wherein
it is the Director's opinion that the modification of the design plan and the proposed
conditions meets the intent of the marginal wharf configuration requirements of the
Manatee Protection Plan and Land Development Code. The agreement. is being proposed
for the Board of Zoning Appeals consideration and approval to reconcile the appeal
request and comply with the requirements of the Manatee Protection Plan. The subject
property Is located in Section 9, Township 52S, Range 28E, Collier County, Florida.
OBJECTIVE:
Pursuant to the County Codes of Laws and Ordinances, Sec. No. 250 -58, the objective of an
appellant's request is typically to seek a reversal of an official interpretation from the Collier.
County Board of Zoning Appeals (BZA), specifically (INTP- 2008 -AR 12749) as it applies to a
proposed redesign and reconstruction of dock facilities for the Sunrise Cay II Condominiums
located in Port of the Isles, in the Sunrise Cay It development. However, for this request the
applicant and the County staff have agreed upon a settlement pursuant to the terms and
conditions in the attached settlement agreement and are presenting it to the BZA for their
approval.
CONSIDERATIONS:
The subject property has an RMF -16 zoning designation and contains a total of 42 residential
condominium units with related accessories and appurtenances in 5 buildings that were
constructed between 1996 and 1999, with approximately 973 linear feet of seawalled shoreline
along the Sunrise Cay Canal and the Faka Union Canal. The Association has submitted
applications to the Florida Department of Environmental Protection (file no. 11- 0220350 -001)
and the U.S. Army Corps of Engineers (file no. SAJ- 2003 -9792) seeking permits for the
construction of a reconfigured dock facility to consist of a total of 42 boat slips and a loading
dock and ramp, with 36 of the boats angle- parked and secured by 38 pilings on 13 -foot centers
and 6 boats parallel- parked on the west side of the Faka Union Canal. On January 10, 2008, in
accordance with Section 10.02.02.F of the Collier County Land Development Code, the
applicants representative requested an official interpretation which included two separate
requests, regarding the proposed reconfiguration of a dock facility and whether or not it is
consistent with the Collier County Manatee Protection Plan (MPP) in particular: l) whether the
Agenda Item No. 16A4
Ag arkftdbknY8tc2(17 E£
Septerfitagel S,cKM
Page 3 of 16
_ In conclusion, the County's professional staff has reviewed the applicants proposed dock
configuration. (Exhibit A) and has concluded that the proposed configuration with the limitations
imposed by the terns of the attached settlement agreement meets the marginal wharf criteria of
the MPP and is consistent with the official interpretation findings.
FISCAL IMPACT•
As a matter of information the fee for this appeal is $1,000 plus advertising costs. Approximate
staff time devoted to the processing and analyzing of this appeal request to date has been
approximately 20 hours excluding the scheduled hearing.
LEGAL CONSIDERATIONS:
This item is quasi-judicial requiring ex parte disclosures and a simple majority vote. (STW)
GROWTH MANAGEMENT PLAN IMPACT:
The settlement agreement is consistent with the County's Growth Management Plan.
RECOMMENDATION:
Staff recommends that the BZA approve the settlement agreement.
Prepared by: Susan M. Istenes, AICP, Zoning Director
3
Agenda Item No. 16A4
Agendd Ord% ft.2S
SepterR*e1Sl 200
Page 5 of 16
Approved By
Jeff Ktatzkow
County Attorney
Date
County Attorney
County Attorney Office
91112009 3:63 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
91212009 9:52 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
91212009 11:31 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
County Manager's Offce
9/2/2009 6:46 PM
Commissioners
rt_.n�.� A ___. t_ r__ar._. _ yti t • r__ t___.ni�n� r ni ,Nn,%nnnti^? ni- inc`Tr7 ri 4 A r1T-kT nrntnnnn
Agenda Item No. 16A4
AgenMA( @ifi4-'-%
Septedr36@PM, 909
Page 7 of 16
WHEREAS, as interpreted by staff, the application of the Land Development Code and
marginal wharf criteria contained in the Manatee Protection Plan to the 973 feet of shoreline of
the Sunrise Cay Condominium site would limit the maximtnn number of docking sites to 42 at an
average length of 23.2 feet; and
WHEREAS, after reviewing the proposal, staff agrees that the provisions of the Land
Development Code and the Manatee Protection Plan are met by limiting the. number of docks to
no more than what would be allowed by the application of the marginal wharf criteria as set forth
in the official interpretation (AR- 14058) and in doing so restrict any future construction of
additional docks beyond 42 docks; and
WHEREAS, in order to resolve the appeal in ADA- 2008 -AR 14509, the Association is
willing to agree that the total ntunber of boat slips to be moored at the Property under the current
proposal will not exceed 42 and that the cumulative vessel length will not exceed 973 feet (not
including the engines) and that the dock facility and loading dock and ramp configuration will be
substantially the same as shown in the attached Exhibit "A ", in exchange for the County
authorizing the construction of the facilities and providing such consistency letters and approvals
as may be necessary for the construction of the facilities; and
WHEREAS the County agrees that the proposed dock facility and loading clock and
ramp will be consistent with the Land Development Code and the Manatee Protection Plan and
will not endanger the manatees provided that the total number of boat slips does not exceed 42,
and the facilities are constructed in substantial conformity with the plans attached as Exhibit
"A ": and
WHEREAS the Association and the County recognize that the interpretation and appeal
could lead to litigation between the parties, and that the costs and uncertainties of litigation and
the unique facts and circumstances surrounding this matter and have agreed to settle any and all
of the Association's claims and any and all other claims, known and unknown between the
parties;
NOW, THEREFORE, in consideration of the foregoing premises and the following
mutual promises (the receipt and sufficiency of such consideration being acknowledged by all
parties), the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any
nature by entering into this Agreement.
3. Attorneys' Fees. All parties shall pay their own attorneys fees and costs
associated with this matter.
4. Release of All Claims as Against the County. Except for any breach of this
Settlement Aareement, the Association, hereby releases, acquits. satisfies, and forever discharges
Paae 2 of
Agenda Item No. 16A4
Agen(Mal teit� 200
Septeftge1155 Z=
Page 9 of 16
9. Enforceability. In the event that any provision of this Settlement Agreement is
found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions,
in whole or in part, shall continue to be enforceable to the greatest extent allowed by law and to
the same extent as if the void or unenforceable provision were omitted from this Agreement.
10. Entire Settlement Agreement. 'Phis Agreement contains the entire agreement
between the parties and all prior or contemporaneous negotiations or representations are merged
into this Settlement Agreement. This Settlement Agreement may not be amended or modified
except in a written document signed by the parties.
11. Execution. Association shall execute this Agreement prior to it being submitted
for approval by the Board of County Commissioners.
12, Aolicability. This Agreement shall be binding on Association's successors,
heirs, and assigns. Further, this Agreement shall be binding on the Association's successors,
heirs, and assigns.
IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written .
Attest:
DWIGHT E. BROCK, Clerk
By:
WIITNESSES:
BOARD OF COUNTY COMW SSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk DONNA FIALA, Chairman
r—
AS TO ASSOCIATION:
SUNRISE CAY II
ASSOCIATION, INC.
By:
rector y sMe .4C
Page 4 of 5
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Agenda Item No. 16A4
AgenUdte i M.ZGe
S e p t e 14Wel %2,0a
Page 13 of 16
Mr. Christopher 1. Thornton
November 5, 2006
Page 2 of 4
Based- upon my review of Section 5.03.06.E. I I of the LDC, it is my opinion that multi -slip
docking facilities with ten (10) or more slips are permitted on the subject site but the docking
facilities are required to be reviewed for consistency with the MPP that was adopted by the BCC
and approved by the Department of Environmental Protection (DEP).
Although the LDC doesn't define the term "mooring pilings', Section 5.03.06 of the LDC lists
mooring pilings as an allowable use on waterfront property as well as individual or multiple
private docks. In addition, pilings are deemed to be a component of a dock facility. A dock
facility can include a walkway, pier, and pilings associated with the dock. Furthermore, Sections
3.2.3.4 (2) and 4.6.3 (2) of the MPP apply to the subject RMF -16 zoned property since the site is
developed with multi - family dwelling units on a canal with a seawall. These provisions restrict
shoreline development within the sea walled basin at Part-of- the - Islands as follows:
• Multi- family residential docks should be restricted by allowing only marginal
wharves along the waterfront of multi - family areas with no finger piers or "T"
shaped docks allowed.
In your application, you contend that because this provision of the MPP uses the permissive term
"should" instead of the mandatory "shall ", the language of the rule (given that it is not
mandatory) should not be used to determine if the proposed dock facility configuration is
consistent with the MPP.
However, it is my opinion that these sections of the MPP were clearly intended to apply to the
subject property since they indicate that the "shoreline development" restrictions are to apply
"within the seawalled basin" and "within the manatee sanctuary" areas of Part-of- the - Islands.
Therefore, the intent of the MPP is to exclude the finger piers, "T" docks, piles and floating
docks but allowing only marginal wharves within the Sunrise Cay II development.
While the LDC and GMP, as well as Sections 3.2.3.4 and 4.63 of the MPP, don't define or
provide development standards for a "marginal wharf', there is an industry accepted definition
that has been historically applied to the subject site for consistency with the MPP. This
definition of a "marginal wharf' is as follows:
Mareinal whhW. A wharf that is flush (parallel) with the general adjacent shoreline with boats
(ships) docked end to end. It is a landing place where ships may tie up -and load or unload
passengers and supplies.
Based on this definition, it is my opinion that the proposed configuration for angled- parked boat
slips along the marginal wharf and secured with pilings, on 13 -foot centers, is not consistent
with the intent of the MPP. It is also my opinion that the proposed marginal wharf can not
include any finger piers or "T" shaped docks- or loading ramps.
In Request II, you asked whether or not the proposed loading dock with access ramp or a
shorepara&4 linear loading dock located immediately adjacent to the seawall or marginal
wharf are consistent with Sections 3.2.3.4 and 4.6.3 of the Manatee Protection Plan?
1i
Agenda Item No. 16A4
Ag.9re, A.2
Sept
Page 15 of 16
Mr. Christopher J. Thornton
November 5, 2008
Page 4 of 4
provided, Please do not hesitate to contact me should you have any further questions on this
matter.
Sincerely,
! Y).
Susan M. Istene% AICP, Director
Department of Zoning & Land Development Review
Cc: Culdef- County Hoard of County Commissioners
Collier County Planning Commission
James V. Mudd, County Manager
Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div.
Jeff Klatzkow, County Attorney
Ray V, Bellows, Zoning Manager, Department of Zoning &Land Dev. Rev.
.:"
1
March 23, 2010
FOR TRACI OFFICE BUILDING — W /RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY (UPS)
Item # 16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR MEDITERRA PARCEL 112 — W /RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY (UPS
Item #I 6A3
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR NORTH COLLIER HOSPITAL, PHASE 2 EXPANSION —
W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY
(UPS)
Item #I 6A4
A PERPENDICULAR DOCK CONFIGURATION AND ANGLED
BOAT DOCK CONFIGURATION FOR THE STELLA MARIS
SUBDIVISION IN THE PORT OF THE ISLES — LIMITING THE
NUMBER OF BOAT SLIPS TO 50
Item # 16A5
RECORDING THE FINAL PLAT OF VERONAWALK PHASE
4A, VERDUCCI COURT REPLAT — LOCATED IN SECTION 26,
TOWNSHIP 50 SOUTH, RANGE 26, EAST
Item #I 6A6
RELEASE AND SATISFACTION OF LIEN FOR THE CODE
Page 156