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CCPC Agenda 07/19/2012 R & LDCCCPC REGULAR MEETING AGENDA JULY 19, 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JULY 19, 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. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES June 7, 2012, June 19, 2012 CCPC /LDC, June 21, 2012 6. BCC REPORT - RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. BDE- PL20110002669: Toler Boat Dock Extension - A Resolution of the Collier County Planning Commission relating to Petition Number BD- PL20 1 1 0002669 for a 53 -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 73 feet for the benefit of property located in Lely Barefoot Beach PUD in Collier County, Florida. [Coordinator: Fred Reischl, AICP, Senior Planner] B. VA- PL20110002627: Donald Gray Variance- A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL2011 -2627, for a variance from Land Development Code Sections 4.02.03 and 5.03.06.E.5 to permit a reduced side yard setback from 7.5 feet to 0 feet on property located on Lot 6, Block G of the Little Hickory Shores Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator Michael Sawyer, Project Manager] C. BDE- PL20110000940: Donald Gray Boat Dock Extension- A Resolution of the Collier County Planning Commission relating to Petition Number BD- PL2011 -940 for a 30.3 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06.E of the Collier County Land Development Code for a total protrusion of 50.3 feet to replace an existing dock with a finger dock and two boat lifts on Lot 6, Block G of the Little Hickory Shores subdivision in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator Michael Sawyer, Project Manager] 10. OLD BUSINESS A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp AGENDA ITEM 9 -A Co&er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JULY 19, 2012 SUBJECT: BD- PL20110002669, TOLER BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: William D. & Deborah H. Toler 818 Caldwell Road Wayne, PA 19087 REQUESTED ACTION: Agent: Jeff Rogers Turrell, Hall and Associates 3584 Exchange Avenue Naples, 17134104 The petitioner is requesting a 53 -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 73 feet into a waterway that is more than 700 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 202 San Mateo Drive in Lely Barefoot Beach PUD and is further described as Southport on the Bay, Unit 1, Lot 30. The folio number is 74435003307 (please see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is a request for a 53 -foot boat dock extension beyond the maximum 20 feet for the subject single- family residential lot. The boat dock facility will contain two slips. The total overwater dock structure proposed is approximately 869 square feet and protrudes a total of 73 feet into a waterway that is approximately 720 feet from Mean High Water (MHW) line to MHW line. There is no dredging proposed for this project and the total length shoreline is approximately 135 linear feet. BD- PL20110002669, Page 1 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC LL a 2 cd LL a Y CO �� Ci a o Vii. m m �t3n� o * A R m s a o R K pi A hfi� r or *y IL a r O 5 5 a� a� 7 C3 W � BD- PL20110002669, Toler Boat Dock Extension. July 19, 2012 CCPC b_ k _ a ION _ k awn u1W J GULF or MKO Page 2 of 9 EL �t 2 Z z! O' N CL Et 2 _® F- 0 T R 0. tI M o. e Mr' '6o't9 �acrr� _ _ _ a fit eN *!A GULF or MKO Page 2 of 9 EL �t 2 Z z! O' N CL Et 2 _® F- 0 T R 0. tI M o. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single - family residence, with a zoning designation of PUD SURROUNDING: North: San Mateo Drive, across which are single- family homes, zoned PUD East: Little Hickory Bay, across which is a preserve area for Little Hickory Bay Condominium Association, zoned PUD South: Single - family home, zoned PUD West: San Mateo Drive, across which are single - family homes, zoned PUD 3uoject site unaer construction — Loilier Uounty Building Permit # 2011021515 BD- PL20110002669, Page 3 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC View to the east across Little Hickory Bay BD- PL20110002669, Page 4 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC ENVIRONMENTAL EVALUATION: Surface Water & Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11), of the Land Development Code (LDC), Manatee Protection, is applicable to 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. There is a 20 -foot conservation easement landward of the MHW line of the subject parcel. The easement is dedicated to the Southport on the Bay Property Owners' Association with responsibility for maintenance, and to Collier County with no responsibility for maintenance. The easement does not permit land modification or structures except for nature trails, boardwalks and docks (Plat Book 15, Pages 51 — 53). STAFF COMMENTS: The Collier County Planning Commission (CCPC) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the CCPC to approve this request, it must find 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 recommends the following findings to the CCPC: Primary Criteria Whether the number of dock facilities and /or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single - family use should be no more than two slips; typical multi - family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed dock facility consists of 2 boat slips, which is appropriate in relation to the 135 linear feet of water frontage of the subject single - family lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (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.) BD- PL20110002669, Page 5 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC Criterion met. According to the petitioner's application the water depth for the proposed dock facility is inadequate to gain safe access to water depths sufficient for the proposed vessels. 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 (approximately 720 feet MHW line to MHW line). 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 73 feet into a waterway that is 720 feet in width. Therefore the dock facility will protrude less than 11 percent of the waterway width which maintains a minimum of 50 percent of the waterway as open. 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 meets required side yard setbacks and 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 subject shoreline is natural, not hardened, and it supports a mangrove fringe. Little Hickory Bay is an Outstanding Florida Water where dredging is not an option to increase water depths. BD- PL20110002669, Page 6 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC 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, maintaining a 4 -foot walkway. 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 met. As indicated on the application, the width of the dock is 54 feet; therefore, the proposed dock is less than 50 percent of the property's 135 feet of shoreline. The dock is designed to accommodate one 36 -foot vessel and one 30 -foot vessel, therefore the combined length of the vessels is less than 50 percent of the property's 135 feet of shoreline. 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. According to the applicant, the dock facility is designed to be generally consistent within the surrounding docks and will not impact waterfront views. The view shed of neighboring properties will not be impacted. 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 bay. Therefore, there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single - family lot with two slips and is not subject to the provisions of the Manatee Protection Plan. Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets five of the remaining five secondary criteria. BD- PL20 1 1 0002669, Page 7 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC 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 Office of the County Attorney Office has reviewed the Staff Report for BD- PL20110002669. - STW STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the CCPC approve Petition BD- PL20110002669. Attachments: A. Resolution B. Application BD- PL20110002669, Page 8 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC C 0 PREPARED BY: FRED OWHL, AICP, SENIOR PLANNER PLANN G & ZONING DEPARTMENT REVIEWED BY: 12 RAYMOND V. BELLOWS, ZONING MANAGER PLANNING & ZONING DEPARTMENT MIKE BOSI, AICP, INTERIM DIRECTOR PLANNING & ZONING DEPARTMENT APPROVED BY: I , r "�aA' 0 An mm GROWTH MANAGEMENT DIVISION BD- PL20110002669, Toler Boat Dock Extension. July 19, 2012 CCPC Page 9 of 9 6 -a7 -ice DATE 6 • 7-7-1?- DATE DATE DATE - L9-- /Z CCPC RESOLUTION NO. 12- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BD- PL20110002669 FOR A 53 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 73 FEET FOR THE BENEFIT OF PROPERTY LOCATED IN LELY BAREFOOT BEACH PUD 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 53 -foot extension over the maximum 20 -foot limit provided in LDC Section 5.03.06 to allow for a 73 - foot boat dock facility in a Planned Unit Development (PUD) 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 Corrunission has considered all matters presented. NOW,. THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: Petition Number BD- PL20110002669, filed on behalf of Bill Toler by Turrell, Hall, & Associates, Inc., with respect to the property hereinafter described as: See Attached Exhibit "A" be and the same is hereby approved for a 53 -foot extension of a boat dock over the maximum 20- foot limit to allow for a 73 -foot boat dock facility, as shown on the Proposed Site Plan attached as Exhibit "B ", in the PUD zoning district wherein said property is located, subject to the Conditions of Approval attached as Exhibit "C ". BD- PL20110002669 / Toler Dock 2/6/2012 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 _ , 2012. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Nick Casalanguida, Deputy Administrator Mark P. Strain, Chairman Growth Management/Planning & Regulation Division Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney 5��1�2 Attachments: Exhibit A — Legal Description Exhibit B — Proposed Site Plan Exhibit C — Conditions of Approval (if any) 1 2- CPS - 01149/4 BD- PL20110002669 / Toler Dock 2/6/2012 2 LEGAL DESCRIPTION Lot 30, Southport on the Bay, Unit 1, Collier County, Florida. - . 0 4"1 -i O 0 o z z z m P: 2w 0 < m > w I C) III O� U) (n 0 't W < W LU CO 0� w z 9z LL 0- 0 lz 2 - w < z U) > 0 < LU 0 < Z z V 5 *40 ■ D I z z a 0 ;9 FULLS d¢3 Waw 0 000 OH6 i. , . i Po 0.2 No 0 0 0- -0 . 3: C�pz< WD n,F�, x 0 < a00 0 z C', W (91 Z 0 co Z 0 co Z 0 m w o i b U) OZ O z z w o. w U) 0 W� �a 0 C) aim o AGENDA ITEM 9 -13 Co L'ier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JULY 19, 2012 SUBJECT: PETITION VA- PL20110002627, DONALD E. GRAY VARIANCE COMPANION ITEM: BDE- PL20110000940 PROPERTY OWNER/AGENT: Owner: Donald E. Gray Agent: D. Wayne Arnold, AICP, 144 Linetree Park Drive Q. Grady Minor and Associates, Bonita Springs, F134135 3800 Via Del Rey, Bonita Springs, F134135 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a proposed variance to permit an encroachment into the minimum riparian line side yard setback from 7.5 feet to 0 feet on the west side of the subject property and an encroachment into the minimum riparian line side yard setback from 7.5 feet to 1.55 feet on the east side of the subject property. The requested action (if approved) would allow a dock facility at 0 feet and 1.55 feet from the riparian lines. GEOGRAPHIC LOCATION: The subject boat dock lot is located at 267 3rd Street West, Little Hickory Shores, Unit 3, Replat Block G, Lot 6, in Section 5, Township 48 South, Range 25 East in Collier County Florida, Folio number 56000880009. (See location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to construct a single family dock facility on a boat dock lot located in Bonita Shores. The proposed facility consists of a 30.3 -foot boat dock extension to replace an existing dock facility. The boat dock lot consists of one lot totaling 0.01 acres that is too small to accommodate a single family residence. Please note that boat dock lots are a permitted use VA- PL20110002627, Donald E. Gray Variance June 26, 2012 (revised July 5, 2012) Page 1 of 9 without a residential dwelling unit pursuant to PU- 87 -17C, Resolution 87 -260 and as amended in Resolution 99 -236. The proposed boat dock facility will have a total protrusion of 50.3 feet from the Mean High Water Line (MHWL) into a water way that is approximately 250 feet in width. A previous Variance, Resolution 2000 -51, for 19 of the 34 boat dock lots in this area was approved by the BZA to permit a 0 -foot riparian side yard setback. The owner of the subject property was out of the County at the time of the approved variance request and could not provide the required authorization and was therefore not part of the approved setback variance. A companion Boat Dock Extension (BDE) application BDE- PL20110000940 has been filed. The existing dock does not have a boat dock extension. The proposed boat dock facility protrudes into the required 7.5 -foot riparian line setback. A Variance is sought to allow a boat dock facility at 0 feet from the riparian lines on the west setback and 1.55 feet from the riparian line on the east setback. There is no dredging proposed for this dock facility. The Conceptual Site Plan entitled "Donald Gray Bonita Shores — Boat Dock Extension Site Plan" dated November, 2011, and prepared by Q. Grady Minor and Associates, P.A. illustrates the location of the proposed boat dock and boat lifts. (See attached Site Plan). According to information provided by the applicant, both of the neighboring parcels have existing docks. VA- PL20110002627, Donald E. Gray Variance June 26, 2012 (revised July 5, 2012) Page 2 of 9 m 0 Z D r N O 1 r- 0 I D O Z T� V N O Z Z G) J D oxyg Y Jo j7no Roy To scA r m m 0 Z -i O -0 :1) O D 2 a m z 9 Z m V N m <Fi m x u p —o LT DRIVE >m - l rj g ;; 5 Egg = o m w u= a p ��b x n m v z 4 €_ ` w$L i $ I D I", Iwvlwvi o' (u.s.n( $�� TAMIAMI TRAIL 'BFI l�rosN W { r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \ O W D I OpODLETTE (C.R. 8511 RANK ROAD IZ O O O O c0 k4ii mi' I q' cc -( I 1 N m m z vp U $ IL mi Cy I C% p y '" " l EE j 0 cce L %EMM2L Q y� �Y I Z BUtlO.EY 4 lc.R. ai) AIRPORT- PULLING Q ROAD yS I O 00 V [ n Roy To scA r m m 0 Z -i O -0 :1) O D 2 a m z 9 Z m V m x >m - l rj � = o m w x n m D p W { r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \ O W D I IZ O O O O c0 O \ cc -( I 1 N m z U C% p j w O< , m Dm O 00 V [ n = O ;Z C o m DT- � F omO 0 � u w otiOnr ° (nom I H�� A �zI 00 oC I b _ u v I \/ n Z N N A \/ o N `) x H _ m O n b O I W f N N G N r O N ^ N N O w M m N A N N m G N O 1 1 G m m En O O V Om O� GO cc, -- ONi fq O m V O v m -i t m G No U rl m fTl N a 1 N b Of Q NO Of Q m n U x < N X0 -0 d of N 0 a a a �gN N O W rn 3 s 0 o � JMm m N Gzp N P: g O N o z N o o w x Z O w d p �w oN n v � a tNO p m CN a •�7 O C7 \N O M q N 0 O W \ � a Ta \! C 0 E0 ON • pVz T RL0510N 40-1 N 26! ~ A BO • c gp5 a' S LL O °29 a2 •m3 O Y (V Q O m .n 1< LL a- 009 Q F. �O• aoa� !, Q F 2 cs!, 90 - zoo, L") z CIO j C-0YZgp CJ w= �eo' o ©m W o '� Z . �pp0 may. ! �O m s NO¢ ed. of 0 C O pp N X °Q b�l "$ OQ O�G o a Z0 oN ¢ =o Owo �� F m O e m S a�0 ¢ J wZ - �c�• ¢�H oa 0 9 3 CL Y 50 0 O a ❑ ` < -_ � 8 I SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Boat Dock Lot, with a zoning designation of RSF -4 North: Little Hickory Bay East: Boat Dock Lot, with a zoning designation of RSF -4 South: 3rd. Street West ROW, then Boat Dock Lot with a zoning designation of RSF -4 West: Boat Dock Lot, with a zoning designation of RSF -4 Aerial photo taken from Collier County Property Appraiser website. VA- PL20110002627, Donald E. Gray Variance June 26, 2012 (revised July 5, 2012) Page 5 of 9 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 boat dock lot which is an authorized use in this land use designation, therefore, the boat dock 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. ANALYSIS: 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: 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 was platted in 1960 and staff notes that it does not meet minimum lot size and width standards required by the current LDC. As a result, a boat dock is the only permitted use allowed on the subject lot as provided for in Resolution 87 -260. As noted above the previous Variance, Resolution 2000 -51, for 19 of the 34 boat dock lots in this area was approved by the BZA to permit a 0 -foot riparian side yard setbacks. The owner of the subject property was out of the County at the time of the approved variance request and could not provide the required authorization and was therefore not part of the approved setback variance. 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. According to information provided by the applicant, due to the limited lot width, the required 7.5 foot riparian setback from each side yard will result in a dock facility of only 17 feet in width which can only accommodate one of the two vessels proposed. The requested variance is needed to accommodate the second vessel as allowed on those lots that previously received a variance as provided for in Resolution 2000 -51. 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. According to County records the existing dock and deck were permitted with Building Permit 940010797, which was approved on October 7, 1994. The existing dock and deck do not meet the currently required riparian line setbacks and for this reason are VA- PL20110002627, Donald E. Gray Variance June 26, 2012 (revised July 5, 2012) Page 6 of 9 pre- existing non - conforming. Aerial photos appear to over time show that there have been both one and two slips in use on the subject lot. If the applicant were to maintain the required riparian set back lines, he would be limited to one moored vessel for the new boat dock facility, unlike the other 19 boat dock lot owners included in the previously approved variance who are afforded adequate room to moor two vessels with the approved 0' riparian setback. 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 because it does not adversely impact the ingress and egress of adjacent boat docks and it provides for safe access for the vessels to be moored within the riparian boundaries. 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. Many of the neighboring properties moor two vessels on similar sized lots, especially those included in the previous variance approval. This property owner is seeking the same consideration. 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 granting of this Variance will be harmonious with the LDC and there will be no injury to the neighborhood that was approved for non - commercial boat dock facilities. 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. As previously stated, the subject site is a boat dock lot that was not included in the previous variance. Private boat docks are the only allowable use consistent with the provisional use noted above. Because of this, the applicant is restricted to constructing the boat dock facility within the proposed dock facility area. 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. VA- PL20110002627, Donald E. Gray Variance June 26, 2012 (revised July 5, 2012) Page 7 of 9 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- 20110000940, revised July 5, 2012. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA- PL- 20110000940, Donald Gray Boat Dock Variance to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the approval of the companion boat dock extension petition BD- PL20110000940. VA- PL20110002627, Donald E. Gray Variance June 26, 2012 (revised July 5, 2012) Page 8 of 9 PREPARED BY: b -L6.!2 L SA YE ,PROJECT MANAGER DATE DEP RTMENT OF PLANNING AND ZONING REVIEWED BY: �-. Z�J4' 4 - ?,;7. 1 Z' RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING MICHAEL BOSI, AICP. INTERIM DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: v NICK CASALAWGI A, AlJMH4f9iR5CTOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the September 25, 2012 Board of County Commissioners Meeting Attachment: A. Draft Resolution B. Resolution 87 -260 C. Resolution 99 -236 VA- PL20110002627, Donald E. Gray Variance June 26, 2012 Page 9 of 9 AGENDA ITEM 9 -C Co ier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JULY 19, 2012 SUBJECT: BDE- PL20110000940, DONALD E. GRAY BOAT DOCK EXTENSION (COMPANION ITEM: VA- PL20110002627) PROPERTY OWNER/AGENT: Owner: Donald E. Gray, 144 Limetree Park Drive Naples, Fl 34135 REQUESTED ACTION: Agent: D. Wayne Arnold, AICP, Q. Grady Minor and Associates, 3800 Via Del Rey, Bonita Springs, F134135 The petitioner is requesting a 30.3 -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 50.3 feet into a waterway that is approximately 250 feet wide. GEOGRAPHIC LOCATION: The subject boat dock lot is located at 267 3`a Street West, Little Hickory Shores, Unit 3, Replat Block G, Lot 6, in Section 5, Township 48 South, Range 25 East in Collier County Florida, Folio number 56000880009. (See location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to remove a pre- existing non - conforming dock facility that protrudes approximately 30 feet into the waterway and to construct a 3.7 -foot wide finger dock that will service 2 boat lifts and vessels. The proposed dock facility is located on a small boat dock lot that has an irregular shoreline that is approximately 32 -feet in width and consists of one lot totaling 0.01 acres that is too small to accommodate a single family residence. Please note that boat dock lots are a permitted use without a residential dwelling unit pursuant to PU- 87 -17C, Resolution 87 -260 and as amended in Resolution 99 -236. The proposed boat dock facility will have a total protrusion of 50.3 feet from the Mean High Water Line (MHWL) into a waterway that is approximately 250 feet in width. The proposed dock requires a 30.3 foot boat dock extension and a companion Variance petition VA- PL20120002627 to accommodate a 34 foot long vessel that encroaches into required riparian line setbacks. There is no dredging proposed for this project. The pre- existing non - conforming dock was originally constructed in 1994 pursuant to building permit 940010797. BD- PL2011 -0940, Page 1 of 8 Donald Gray Boat Dock Extension. June 26, 2011, (revised June 27, 2011, June 29, 2011, July 5, 2012) 3 DS 01 ION / 7 n m m Lu w C, LL n O� b p b ¢ N Iywj N O v) N N m d W O d N -(F) In a-- ' N O b " ^ m p I -- d N v) n p O N r� V/ N j O U b w O V) m N W BY Tyb nom' u8 5 g l "" d N LL p n m N N w N N d' Z W O O m w F- N S9 G N F Q w m N O Ip q€ €�gggg8_q3 Np[ d n N tnU Q b f� W N to OI m 7 N otloa rNtla a3uaTa000 XN om V I } 1 cl as aao) N d In N Z O N N p m to o - - - - -- \\ TAMIAMI TRAIL I m z a in m m p ^ o i � iii555 N B "� aaV m N N ing + J�mv U ao Q Oa a: I I rs m > \� = p to LL. I i s im 3 3 N �¢ I ® uj xr aos a'o) \ p m m I Daf „ s 3 I I— Ym m Qu o� ww m I `e >p fo• o m w w J J I to \m g m 1s3M 133ats aao-u p> m )I m I � °m m m\ N mU m m m p m u0 I I I-- ZI V) ° All I \ 1D n I m I m }v m o w I ¢ uui <(, o ¢ 4 0 O Jo¢ U— 0 > r fL i— v) _ ~ U_ m —1 = LL J m ¢m m 3 DS 01 ION / 7 z Z O N C� G Z _O U O O O N J a m Z Q H z Q Iwo � atloa oNmna- Laodaiv (lE'a'o) s A3'IXlfIB q SP gy2 j O U j Ia �`, BY Tyb nom' u8 5 g l "" �$ dJ J y s` S9 a�.. III-. q€ €�gggg8_q3 b 3� otloa rNtla a3uaTa000 Al 4 w_ cl as aao) IWL IM "I TAMIAMI TRAIL Eli z Z Q W i iiiS iii555 N B "� aaV m N n ing + J�mv U ao mEm 3 i � N�(i n <a i s im 3 3 I aos a'o) b „ s 3 Sao tlleaaaNVn luuLq o� U w w J g m � GULF OF MEXICO ° All z Z O N C� G Z _O U O O O N J a m Z Q H SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Boat Dock Lot, with a zoning designation of RSF -4. SURROUNDING: North: Little Hickory Bay East: Boat Dock Lot, with a zoning designation of RSF -4 South: 3ra. Street West ROW, then Boat Dock Lot with a zoning designation of RSF -4 West: Boat Dock Lot, with a zoning designation of RSF -4 Aerial photo taken from Collier County Property Appraiser website. 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. BD- PL2011 -0940, Page 3 of 8 Donald Gray Boat Dock Extension. June 26, 2011, (revised June 27, 2011, June 29, 2011, July 5, 2012) #± View to the east across Little Hickory Bay BD- PL20110002669, Page 4 of 9 Toler Boat Dock Extension. July 19, 2012 CCPC �1 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The information provided in the application indicates that the proposed dock will protrude 50.3 feet into a waterway that is 250 feet in width (MHWL to MHWL). Therefore the dock facility will protrude approximately 20 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 by the petitioner, the proposed facility has been designed so that it does not interfere with adjacent neighboring docks and/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 information provided in the application indicates that the special condition related to the subject property and the proposed dock facility is the irregularly shaped rip -rap shoreline which extends from 10 to 3 feet from the platted lot line and is a contributing factor in the requested extension request. 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 proposed dock facility consists of a pre- existing non - conforming 5 foot wide deck along the shoreline that the applicant intends to retain. The proposed new finger dock includes a 3.7 -foot wide pier allowing access and service of the two proposed vessels. The proposed dock also includes a 2 foot wide maintenance platform along the west riparian line. The total deck area proposed for this dock facility is 328 square feet. 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 BD- PL2011 -0940, Page 5 of 8 Donald Gray Boat Dock Extension. June 26, 2011, (revised June 27, 2011, June 29, 2011, July 5, 2012) property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not meet. The subject property is a small boat dock lot with a linear waterfront that is approximately 32.5 feet in length according to the application. The total length of the proposed vessels is 59 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 not applicable. A residential structure cannot be constructed on the adjacent lots due to minimum code LDC development standards required for such structures including but not limited to minimum lot size and width. Therefore this criteria is not applicable, the facility cannot impact waterfront views of a neighboring property owner as a residential structure cannot be constructed. 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. 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. Staff analysis indicates that the request meets all five of the five primary criteria. With regard to the six secondary criteria, two of the criteria are found to be not applicable. Therefore the request meets three of the remaining four secondary criteria which is 75 percent of the applicable secondary criteria and exceeds the approximate 66 percent requirement of the LDC. 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 BD- PL2011 -0940, Page 6 of 8 Donald Gray Boat Dock Extension. June 26, 2011, (revised June 27, 2011, June 29, 2011, July 5, 2012) 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- PL20110000940, revised July 05, 2012. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the CCPC approve Petition BD- PL20110000940 subject to the following stipulation: 1. Subject to the Collier County Board of Zoning Appeals (BZA) approving companion petition VA- PL20110002627. Attachments: A. Draft Resolution B. Application C. Resolution 87 -260 D. Resolution 99 -236 BD- PL2011 -0940, Page 7 of 8 Donald Gray Boat Dock Extension. June 26, 2011, (revised June 27, 2011, June 29, 2011, July 5, 2012) PREPARED BY: M C SAWYER, ROJECT MANAGER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: RAYMqqD V. BELLOWS, ZONING M GER DEPARTMENT OF PLANNING AND ZONING MICHAEL BOSI, AICP. INTERIM DIRECTOR DEPARTMENT OF PLANNING AND ZONING APPROVED BY: CASALANWIDA, tMMMISTR WTH MANAGEMENT DIVISION BD- PL2011 -0940, Page 8 of 8 Donald Gray Boat Dock Extension. June 26, 2011 b.Z6 -lZ DATE Z7-12- DATE (, 2-7 -I2 DATE -)-I -1L DATE 0 Attachment A. Draft Resolution :. r-W y CCPC RESOLUTION NO. 12- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BD- PL2011 -940 FOR A 30.3 -FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 -FOOT LIMIT IN SECTION 5.03.06.E OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 50.3 FEET TO REPLACE AN EXISTING DOCK WITH A FINGER DOCK AND TWO BOAT LIFTS ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 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 30.3 -foot boat dock extension over the maximum 20 -foot limit provided in LDC Section 5.03.06.E to replace an existing dock with a finger dock and two boat lifts as shown on the attached Exhibit "A" in the RSF -4 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.E; and WHEREAS, all interested parties have been given the opportunity to be heard by this Commission at a public hearing, and the Commission has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: Petition Number BD- PL2011 -940, filed on behalf of Donald E. Gray by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., with respect to the property hereinafter described as: Lot 6, Block G, of that certain subdivision known as LITTLE HICKORY SHORES, REPLAT OF UNIT 3, according to the map or plat thereof on file and recorded in Plat Book 6, page 2, Public Records of Collier County, Florida (Folio No. 56000880009) Donald Gray Boat Dock / BD- PL2011 -940 Page 1 of 2 Rev. 2/29/11 be and the same is hereby approved for a 30.3 -foot boat dock extension over the maximum 20 -foot limit to replace an existing dock with a finger dock and two boat lifts as shown on the Proposed Site Plan attached as Exhibit "A" in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this ATTEST: day of 12012. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Nick Casalanguida, Deputy Administrator Mark P. Strain, Chairman Growth Management/Planning & Regulation Division Approved as to form and legal sufficiency: Heidi Ashton -Cicko �\ Assistant County Attorney Section Chief, Land Use /Transportation Attachment: Exhibit A — Proposed Site Plan CP \1 1- CPS - 01132 \11 Donald Gray Boat Dock / BD- PL2011 -940 Page 2 of 2 Rev. 2/29/11 F /I w I \/ z I I D w w c m Y0, Z 4011 PROTROSION OF 26 F ON A BOAT LENGTH o W /I o ao� 0. a_ <oo 01 V) I IQ \ 1 Z p J-0 SONI- NOISN3U3 MWU 1tl 8 A"D GItl GO - 30800 O (N O N II J Q U C:) in roll :o o u Q z D X W w ooa z M N D w w c m Y0, Z O O J W 0. Y cy) U Z p oo o m a z z o v a M Fes, w Z x d D g N 0 (n Z Y w ne. 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