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CCPC Agenda 09/06/2012 R & LDCCCPC REGULAR MEETING AGENDA SEPTEMBER 6.2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, SEPTEMBER 6, 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 ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES August 2, 2012 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. Note: This item has been continued from the August 2, 2012 CCPC meeting: BDE- PL20110000644: Helsel Boat Dock Extension- A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL20110000644 for a 14 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 34 feet for the benefit of property located in Isles of Capri No. 3 Subdivision in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] B. BD- PL20120000026: A Resolution of the Collier County Planning Commission relating to a 26 -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 46 feet for Lot 7, Block H of the Little Hickory Shores Unit 3 Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida [Coordinator: Fred Reischl, AICP, Senior Planner] 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 This item has been continued from the August 2, 2012 CCPC meeting. You have received materials for this item at the August 2nd meeting. * *Revised Title`* BDE- PL20110000644: Helsel Boat Dock Extension- A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL20110000644 for a 14 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 34 feet for the benefit of property located in Isles of Capri No. 3 Subdivision in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] Collier County Planning Commission Subject- BDE- PL20110000644, HELSEL BOAT DOCK EXTENSION revision from the August 2,2012 meeting Members of the Planning Commission, I submit to you the revised boat dock design as discussed at the Planning Commission meeting on August 2nd 2012. I have done everything that was requested. As you can see by the drawings submitted I have moved the dock to the exact location proposed by my objecting neighbor, I have moved the boat lift to the opposing side as I was asked to and I have reduced the footprint of the dock as was requested by the Planning Commission members. I can see no reason that my current submission is not fair and reasonable to both myself, the enviromnent, and my neighbors and I ask for your approval so I can bring this 24 month odyssey to a conclusion. Ms. Wasserman (the objecting neighbor) has had her attorney prepare a agreement (see attachments) that is acceptable to my wife and myself with the exception of Para B section 3 where she is asking that I give up any right to review and discuss with the Planning Commission the design and BDE that she has indicated she will be requesting for her property. While I understand she is going to be constructing a dock facility I have no wish to give up my rights to object if I am not satisfied with the design, just as she had the right to object to mine and we conformed to her wishes. In conclusion I am asking that you grant the BDE as presented at the September 10th meeting as I have complied with all requests by both the Planning Commission and the objecting neighbor. Regards Ronald and Denise Helsel 404 Cristobal Street Naples, FL 34113 Ln p3 tp �I pm zz �^ b Fm� y� .. p � D O mm� D Z 0zz 2 N Z O S IN, m > A b o � z () m N t M z> u a e x O m. A V N o w b D O m w A z 01m Om 1> On 2 ? p c3 0 i Vic' z'� O Z € ._ _p �yC� v Sri xss, rsxS' x9 xvy`" x In ,n 34't ! r7. cpmzvmZZC�o O m p z zm O �I<<nip• 6x0 – nNOm -�[Di g6,>, 2IS �}{ -' Zmp =ax 00I,i > pA >O Afc' -HAtiOmm v - Oz O % i x -+ •S .. �- -. mmz o yT _ N 9 �DO omzAx p vm m L sm m ( "(^1 .S ;m p R >AZ VJ , �8r �y0 Da�> CD 2zz E0> p m p m _ v PROPOSE�4'V\ADE 'i A m r- n c- p 60 m Op O Z-a3� °�^ �o�` m L 0 �;ox z°� � r m r p fmD r, p o Z r- i O O g 'm m m, �;o> Cn co cn o➢o ozZ< C O y, O O r v ay c'" 2 m > z <oc n D 9 zom o O T < O < x 7x x X y x S. x.� iiS �a x x x' m "1O mi g .. c O z \e m = \ p \ I \ (n NNG \ cn S DO m r \ r n \ 7 C \ \ \ a O z IQ \ .r w. COASTAL ENGINEERING Crva ENGINEERING SURVEY & MAPPING RON HELSEL CONSULTANTS INC. COASTALENGINEERING ENVIRONMENTAL PLANNING SERVICES _ TI ALTERNATIVE SITE PLAN #d I<wr PO 3z sis z9E semre FwsaE�sn PHONE:(239)6x3233x OF A PROPOSED DOCK LOCATED AT LOT 578, ISLES OF CAPRI Ro i�.oss S SlMSGUTHHORSESHOEDRIVE ,M,,,,.,w;dxix'„awx�,6°I„}9� „u ° NAm Pc r., na�nA >a.m Eanmr.,,..wc..nn,m N0.3 AS RECORDED IN PLAT BOOK3, PAGE 66 OF THE PUBLIC RECORDED OF COLLIER COUTNV, FLORIDA. AGREEMENT REGARDING RIPARIAN LINE This Agreement made this _ of '2012, by and between Ronald M. Helsel and Denise S. Caterini- Helsel, his wife and their successors and assigns, hereinafter referred to as "Helsel ", and Theodore Wasserman and Karen L Wasserman, his wife and their successors and assigns, hereinafter referred as "Wasserman ". RECITALS The Parties recite and declare as follows: A. The parties have an interest in adjoining real estate lots located in Isles of Capri, Collier County, Florida and described respectively as follows: Helsel- Lot 578 Isles of Capri No. 3 a/k/a 404 Christobal Street, Naples, Fl. Wasserman - Lot 577 Isles of Capri No. 3 a/k/a 400 Capri Blvd., Naples, Fl. B. The parties desire to establish the common riparian line between the above mentioned adjoining properties owned by them for the benefit of each of them. Inconsideration of the sum of Ten and NO /100 ($10.00) Dollars, and the promises contained in this Agreement and other good and valuable consideration, the parties agree as follows: 1. The riparian line between the above referenced lots extends into Johnson Bay at the angle as shown on the attached "Exhibit A" marked as "Alternative Site Plan #4" done by Coastal Engineering Consultants, Inc. Dated 8/20/12. The riparian line runs in a general southwest direction being 39 degrees from a line being a southern extension of the common property lines of Lots 577 and 578. 2. Wasserman agrees and consents to the proposed location of Helsel's boat docking facility as shown on Exhibit A. 3. Helsel acknowledges that Wasserman plans to permit and construct a future docking facility within Wasserman's riparian lines. 4. The parties hereto agree to sign any other necessary or required documentation as needed to confirm or implement this agreement. This agreement may be recorded in the public records of Collier County, Fl. STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Theodore Wasserman and Karen L Wasserman, his wife, known to me to be the persons described in and who executed the foregoing instrument, who acknowledged before me that they executed the same, that I relied upon the following form of identification of the above -named persons: , and that an oath (was) (was not) taken. WITNESS my hand and official seal in the County and State last aforesaid this day of , A.D., 2012. Notary Rubber Stamp Seal Rea\ Wasserman\ Heisel \196874igreementonRiparian Line This Instrument Was Prepared By: Craig R. Woodward, Esquire Florida Bar Number: 0309389 Woodward, Pires & Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Post Office Box One Marco Island, Florida 34146 Telephone Number: (239) 394 -5161 t Notary Public Signature Notary Public Printed Signature CCPC RESOLUTION NO. 12- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE - PL20110000644 FOR A 14 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 34 FEET FOR THE BENEFIT OF PROPERTY LOCATED IN ISLES OF CAPRI NO. 3 SUBDIVISION IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and has considered the advisability of a 14 -foot extension over the maximum 20 -foot limit provided in LDC Section 5.03.06 to allow for a 34- foot boat dock facility in a single family residential (RSF -3) 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. TFIEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: Petition Number BDE- PL20110000644, filed on behalf of Ronald and Denise Helsel by Coastal Engineering Consultants, Inc.; with respect to the property hereinafter described as: Lot 578, Isles of Capri No. 3, according to the Plat thereof as recorded in Plat Book 3, page 66, Public Records of Coltier County, Florida 404 Cristobal St. Boat Dock (Helsel) / BDE -PL201 1 -644 Rev. 8123/12 1 t be and the same is hereby approved for a 14 -foot extension of a boat dock over the maximinn 20- foot limit to allow for a 34 -foot boat dock facility, as shown on the Proposed Site Plan attached as Exhibit "A ". in the RSF -3 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 , 2012. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Nick Casalangtuda, Administrator Mark P. Strain, Chairman Growth Management/Planning & Regulation. Division Approved as to form and legal sufficiency: Heidi Ashton -Cieko Managing Assistant County Attorney Attachment: Exhibit A — Proposed Site Plan 12 -CIIS- 01140115 404 Cristobal St. Boat Dock (Helsel) / BDE- PL2011 -644 Rev. 8/2-1/12 2 2- BTU eam YAPl26, TS m w ROM HELSEL e�,wnwa serve. -ca ALTERNATIVE SITE PLAN #4 rlwmgwwm4 OF A PROPC&D rj= 40CAMD AT LOT US ISLES rig CAM F"'! 9MW""t ' w NO, a As —09-0 IN IN V —K 3 PAGE N OF T"F IJTNYFLLRJDA Exhibit A m w AGENDA ITEM 9 -13 Co Lien County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: SEPTEMBER 6, 2012 SUBJECT: BD- PL20120000026, TREW BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: Donald Trew, Trustee Agent: Donald Trew Trust 26900 Palm Street Bonita Springs, FL 34135 REQUESTED ACTION: Ben Nelson Nelson Marine Construction, Inc. 10923 Enterprise Avenue Bonita Springs, FL 34135 The petitioner requests a 26 -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 46 feet into a waterway that is more than 400 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 266 3rd Street West in Bonita Springs and is further described as Little Hickory Shores, Unit 3 Replat, Block H, Lot 7. The folio number is 56001840006 (please see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is a request for a 26 -foot boat dock extension beyond the maximum 20 feet for the subject "boat dock lot ". The boat dock facility will contain two slips. The total overwater dock structure proposed is approximately 230 square feet and protrudes a total of 46 feet into a waterway that is approximately 415 feet from Mean High Water (MHW) line to the seawall on the opposite shore. There is no dredging proposed for this project and the total length shoreline is approximately 30.5 linear feet. BD- PL20120000026 Page 1 of 9 Trew Boat Dock Extension. September 6, 2012 CCPC ■ ®Lu �~ LL LL cc J - . a, ! _ & § ~�; N ��, � ! � ! O » : , t a , )g| w ! WU tr 37� Cl �� IL � � � z z� 0 N 8D PL o!2 0 0 2 Page 2 of 9 Te Boat Dock Extension. September 6, 20 c CCPC � M z 0 R § CL --*., I - _ & § § �7 ` . q � , LS3,133ELLS ew w G a a e a- \ |� % ----------------- , �\ dB§ u--(M 37� Cl �� IL � � � z z� 0 N 8D PL o!2 0 0 2 Page 2 of 9 Te Boat Dock Extension. September 6, 20 c CCPC � M z 0 R § CL --*., I The subject site supports an existing 36 -foot dock. The petitioner proposes a ten foot extension and a boat lift. The subject parcel is informally known as a "boat dock lot ". The lot was platted in 1964. The plat describes some lots large enough for a single - family house, while others, the "boat dock lots ", are too small for a house and are thought to have been intended for boat docks, although the plat does not designate that use. The Board of County Commissioners directed Staff to initiate a Provisional Use (now known as a Conditional Use) for the "boat dock lots" (Resolution 87 -260, attached) to permit "non - commercial boat launching facilities ". A successor petition for a Conditional Use for "non- commercial boat launching facilities" was approved (Resolution 99 -236, attached). A property owner then applied for a variance reducing the required side -yard to zero feet for his and certain other "boat dock lots" (Resolution 2000 -51, attached); that variance applies to the subject lot. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: "Boat dock lot ", with a zoning designation of RSF -4 SURROUNDING: North: 3rd Street West, across which are "boat dock lots ", zoned RSF -4 East: "Boat dock lot ", zoned RSF -4 South: Little Hickory Bay, across which are single- family homes, zoned RSF -4 West: "Boat dock lot ", zoned RSF -4 Aerial of subject property BD- PL20120000026 Page 3 of 9 Trew Boat Dock Extension. September 6, 2012 CCPC Aerial of subject property View to the south across Little Hickory Bay BD- PL20120000026 Page 4 of 9 Trew Boat Dock Extension. September 6, 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. 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 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 2 boat slips, which is appropriate in relation to the 30.5 linear feet of water frontage of the subject "boat dock lot ", of which the only use is non - commercial boat launching facilities. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. 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 BD- PL20120000026 Page 5 of 9 Trew Boat Dock Extension. September 6, 2012 CCPC f 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 415 feet MHW line to seawall). The applicant notes that the facility has been designed similar to neighboring docks, 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 46 feet into a waterway that is 415 feet in width. Therefore the dock facility will protrude approximately 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 to fall within the subject riparian lines (with a required side -yard of zero) 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. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) BD- PL20120000026 Page 6 of 9 Trew Boat Dock Extension. September 6, 2012 CCPC w Criterion met. As shown on the drawing submitted by the petitioner, the dock area is not excessive, maintaining and extending a 5 -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 not met. As indicated on the application, the width of the dock and vessel combination is over 30 feet; therefore, the proposed dock is greater than 50 percent of the property's 30.5 feet of shoreline. The dock is designed to accommodate one 22 -foot vessel and one 25 -foot vessel, therefore the combined length of the vessels is also greater than 50 percent of the property's 30.5 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 with the surrounding docks and, in addition, the surrounding neighborhood is non - residential. 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(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 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 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 BD- PL20120000026 Page 7 of 9 Trew Boat Dock Extension. September 6, 2012 CCPC t 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- PL20 1 1 0002669. - HFAC STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the CCPC approve Petition BD- PL20120000026. Attachments: A. Resolution B. Application C. Provisional Use, Conditional Use & Variance Resolutions BD- PL20120000026 Page 8 of 9 Trew Boat Dock Extension. September 6, 2012 CCPC PREPARED BY: FRE61ERHL, AICP, SENIOR PLANNER PLANNING & ZONING DEPARTMENT REVIEWED BY: RAY V. BELLOWS, ZONIN ANAGER PLANN G & ZONING DEPARTMENT MIKE BOSI, AICP, INTERIM DIRECTOR PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT BD- PL20120000026 Trew Boat Dock Extension. September 6, 2012 CCPC Page 9 of 9 DATE S -1-lz DATE '?~ -j-/Z DATE r -�-) Z DATE CCPC RESOLUTION NO, 12- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BD- PL20120000026 FOR A 26 -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 46 FEET FOR LOT 7, BLOCK H OF THE LITTLE .HICKORY SHORES UNIT 3 SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 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 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 26 -foot extension over the maximum 20 -foot limit provided in LDC Section 5,03.06 to allow for a 46- foot boat dock facility in the RSF -4 zoning district for property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 5.03.06; and WHEREAS, all interested parties have been given the opportunity to be heard by this Commission at a public hearing, and the Commission has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: Petition Number BD- PL20120000026, filed by Donald Trew as Trustee of the Donald Trew Trust dated April 16, 2007 with respect to the property hereinafter described as: Lot 7, Block H of that certain subdivision known as the Replat of Little Hickory Shores, Unit No. 3, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 6, Page 2 Donald Trew Boat Dock Ext. Page 1 of 2 BD- PL2012 -0026 — 4/10/12 0 be and the same is hereby approved for a 26 -foot extension of a boat dock over the maximum 20- foot limit to allow for a 46 -foot boat dock facility as shown on the Proposed Site Plan attached as Exhibit "A ", in the RSF -4 zoning district wherein said property is located, and subject to the Conditions of Approval attached as Exhibit `B ". 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: Nick Casalanguida, Administrator Growth Management Division Approved as to form and legal sufficiency: DRAFT Heidi Ashton -Cicko Managing Assistant County Attorney day of , 2012. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Mark P. Strain, Chairman Attachment: Exhibit A — Proposed Site Plan Exhibit B — Conditions of Approval CP\ 12 -CPS - 01162\3 Donald Trew Boat Dock Ext. Page 2 of 2 BD- PL2012 -0026 — 4/10/12 I_ 0 5' 1 D' + SCALE: 1 " = 10' G �d EXIST. CONC. i r,� r� ;cam':: �.� �� --•~ c Ali GROWS ✓.> � . ,�dt ::,��:`�•�a- ;.�.�c -.~r= 'gin • ;,ri.. ,,�, '_. ��;- ;i�;•- jC: J• .-�� =% -�� • of � ate,...., •i .Y..;.•y.:. .Y � '5.�� -'' CUSTOMER PROVE a `x7lx"w"�" LIFT ATOR:,(4) Bt[J F LIFT �ILINi;Sf f �`� �'/ \ +r•� + tom'' _ c, fey 4,j 5' WIDE x 10' \\ + LONG PROPOSED + f DOCK EXPANSION ,% y LI is s b� „ti � • 0 �5 d� '*y� r Tr1 RIPARIAN UN E \ ; * �F ; W aomu svtms, 23Ba1.1144 DONALD TPEW DOCK GradyMinor P,rt„b. 238.690.1980 i CH Bngitteeta . Land Sarveyocs . Planners . Landscape AccLltm% WE PLAN nne CFTI.0FMII.. IZoW9t81 fffi.0F A6IIL ID 0Mt51 809ItA'16U 3f0002Gi ]m e.. �.Cr.d1'Mitta'.c,m 0.Or+dl Wt-.r -W M..4 t . PA. K is t ®E +mr SST 1 0�1 2 Qt 1� FASTEN W /57XNLESS STEEL RING SHANK SCREWS (2) 1/2. 6ARRACE I 2 "x6" DECKING -\d I BOLTS M-) .4D ASO /1 TOP OF pOCK EL =3.48# (2) 5/8' H.G. NACHWE BOLTS (TYP_) PROPOSED PROPOSED INS141ATM OF L51Smm PROVIDED LIFT ATOP (4) 10• RIM UFE PLNGS "- 2 PLAN$) — — — — — — _ - — — ¢ WEAN HIGH WATER EL =00.02' -i1EAN LOW WATER EL.= ("")0.58' �,�y'��1��\- ,�'�y�l�� •�-,� -OF WAMMWAY APrROx AoTtt�u DOCK CROSS SECTION NOTE �'IN 1. VERNCAL DATUM IS NAVD 19811 2 PROPERTY IS LOCATED WTTTiIN FLOOD ZONE AE DONALD 7'R9W DOCK EXPANS1jV- K GradyMinor be"; CIvD Enr;O MM • Laad SurKyaa • Plamess . E mdscW AlchKods DETAIL & CROSS SECTION �oew�x.m.aslsl �uornmN.u.oass, >��aiLCai"umw W"nl'.GxadTtdhor < oo Q. 44+esw�r.�a ACwa+a.rA. '�/ +i : PR0.f- � - G TQI2 1 : �" �• z / / / � / / I l i l t ��\ 0 --{3) 2'x8" STRINGERS .40 ASQ AS SHOWN (2) 2'Ar CAP ONE FA SIDE OF PILING (IYP.) M939ON H5 mw 0 MID 5(WNGER TYP. FA 8" BUTT PILE 25 CONNECTION. 4-8d C.C.A. 33% NAPLES TOP SOT. PENETRATION OR 4' — — — ^ — — MEAN HIGH WATER EL =(- )D -02'— PUNCHED THRU ROCK II MEAN LOW WATER a-=(-)0.58- DOCK SECTION W 1/2'=l'—O' PROPOSED PROPOSED INS141ATM OF L51Smm PROVIDED LIFT ATOP (4) 10• RIM UFE PLNGS "- 2 PLAN$) — — — — — — _ - — — ¢ WEAN HIGH WATER EL =00.02' -i1EAN LOW WATER EL.= ("")0.58' �,�y'��1��\- ,�'�y�l�� •�-,� -OF WAMMWAY APrROx AoTtt�u DOCK CROSS SECTION NOTE �'IN 1. VERNCAL DATUM IS NAVD 19811 2 PROPERTY IS LOCATED WTTTiIN FLOOD ZONE AE DONALD 7'R9W DOCK EXPANS1jV- K GradyMinor be"; CIvD Enr;O MM • Laad SurKyaa • Plamess . E mdscW AlchKods DETAIL & CROSS SECTION �oew�x.m.aslsl �uornmN.u.oass, >��aiLCai"umw W"nl'.GxadTtdhor < oo Q. 44+esw�r.�a ACwa+a.rA. '�/ +i : PR0.f- � - G TQI2 1 : �" �• z / / / � / / I l i l t ��\ r f:;., .. W OCTOBER 27, . 19 w . #731 ` i. , REsOLUTION 67 -360, PETITION RU- 87 -17C, COMMUNITY DMLOP1SEB DIVIslow RZQVXSTri0 PROVXSICXAL USE "A" OF 9THR RST -4 DISTRICT TOR NOX_COJWRCJAL BOAT LRUNCRINO FACILITIES - ADOPTED Planner Weeks stated the property is located approximately 1/4 mile south of Bonita Beach Road, and 3/4 mile west of Vanderbilt Drive .x' in the Little:Hickory Shores Subdivision. He stated that the Board ' directed staff to initiate a Provisional Use for this property beta- ' ' use of the small lot size which cannot be used for a principal struc- ture. He said it appears that these lots were intended for boat dock lots, however, that is not indicated on the plat. Mr. Weeks stated the rrpC has reviewed this petition and forwarded .' it with e` recommendation of approval. He said correspondence on this ' petition was received, with six letters in favor and one in opposition. ';. He noted the letter of opposition was due to misinformation and after ' clarification by Staff, the objection was verbally withdrawn. He said,. • . Staff ftcommends approval. In- response to Chairman Hasse, planning /Zoning Director McKim stated,the docks are for private use only, however, renting of boat docks is a problem throughout the County. She explained that Staff only becomes aware of this type of violation if there is a complaint. r Commissioner Pistor moved, seconded by Commissioner Goodnight and .t A carried unanimously, that Resolution 97 -I60, Petition PU- 87 -170, for non - commercial boat launching facillties for property located approximately 1/4 mile south of Bonita Beach Road and 3/4 mile Mesa of Vanderbilt Drive, be adopted. Du 0 �. M r M RESOLiJTIOtt 07- 260 OCT 271987 RELATING TO PETITION NO. PU- 87 -17C FOR PROCISIONAL USE. OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS. the Lsgials.ture of the State of Florida in Chapter 67 -1246, Lars of Florida., and Chapter 125, Florida Statutes, has conferred on Collier Coutisty the power to establish. coordinate and enforce zoning and such business regulations as are necessary for thu protection of tine public; and WHEREAS, The County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of provisional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heaaing after notice as in said regulations made and provided, and has considered the advisability of Provisional Use "a" in a RSF -i zone for the proparty hereinafter described. and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangemeat has been made concerning all applicable setters required by said regulations and in accordance with Section 13 - Id of the Zoning Regulations for the Collia- County Planning Cosstiasion; 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 the petition of Community Development Division. representing the Board of County Commissioners, with respect to the property hereinafter described ass Lots 1 through 23, Block "G ". Little Hickory Shores, Unit 13, as recorded in Met Book 6, Page 2, Official Records of Collier County boot 199 r1G1 27 iO V Mot 28 b OCT 2 71987 be and the same is hereby approved for Provisional Use "a" of the RSF -4 sowing district for Non- Commarcial Boat Launching Facilitiss, subject to the following conditions: a. At tins of obtaining a dock permit, a right-of-way permit shall be obtained and the owner •hall provide access improvements to prevent damage to the roadway and roadway drainage improvements. b. All boat dock& erected on the subject lots must comply with Section 8.46 of the Zoning Ordinance (82 -2). BE IT FURTRER RESOLVED that this resolution be recorded in the ainutas of this Board. Commissioner P istor offered the foregoing resolution and moved its adoption, seconded by Commissioner r•,nodnla�� and upon roll call. the vote vas: AYES: Commissioners Pistor, Goodnight, Glass, Saunders and Hasse NAYS: None ABSENT AND NOT VOTING: !lone ABSTENTIONt None Done this • 27th day of October , 1987. BOARD OF ZOIUNG AMALS k COLLIER GOUNIY. FLORIDA BY t6AiN A. SE, JR., JAMES 4 G" ILES. CLERK Y. . k .4�1 rq la Magri, ty Clerk APPROVED AS TO FORM AND LEGAL 51MICIENCY1 R. BRUCE Al E ON ASSISTANT COUNTY ATTORNEY PU- 87 -17C Resolution OCT 271987 EXH3:BIT A FINDING OF FACT By COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU- 87 -17C ' The following facts are founds 1. Section 7.11b.3)(a) of the Zoning Ordinance authorised the provisional use. 2. Granting the provisional use will not adversely affect the public Interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Cenral compliance with the Comprehensive Plan: Complies with Comprehensive Plan yes _� No B. Ingreae and egress to property and proposed structures therson with particular reference to automotive and pedestrian safaty and convenience, traffic flow and control, and access in case of fire or catastrophe: Adaquat ingress 6 *areas yes No C. Affects neighboring properties In relation to noLse, glare, economic or odor effactst k No affect or Affect mitigated by AMEt cannot be mitigated D. General compatibility with adjacent properties and other property in the districtt Compatible use within district yes X No Based on the above findings. this provisional U" 010PId . Kth stipulations, (copy attached) (skould_ oat —be rec dad fo rovsl DA TIC Chaitaea FIX DUG OF TACT FORM gook 109 rl<< 29 "13 A*1 RESOLUTION 99-_Z36 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF NON- CO.MERC1AL BOAT LAUNCHING FACILITIES CONDITIONAL USE l IN THE RSF -4 ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE COLLii:R COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 67 -1246. Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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 (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the coning of particular geographic divisions of the Count }, among which is the granting of Conditional Uses; and WHEREAS. the Collier County Planning Commission. being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 1 of Section 2.2.4.3. in an RSF -4 Zone for Non - commercial boat launching facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a 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: The petition filed by Collier County Development and Environmental Services Division representing the Board of County Commissioners with respect to the property hereinafter described as: Lots 1 through 11, Block "H ", Little Hickory Shores, Unit #3 Re -Plat, as recorded in Plat Book 3, Page 97, Official Records of Collier County. be and the same is hereby approved for Conditional Use I of Section 2.2.4.3. of the RSF-4 Zoning District for Non - commercial boat launching facilities subject to the following conditions: All boat docks erected on the subject lots shall comply with the requirements of Section 2.6.21. of the Land Development Code. �3 Al ' BE IT FURT14ER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote. Done this /L.;6Z day of BOARD OF ZONING APPEALS COLLIE COUNTY. FLORIDA BY: G 0,ttest as to Chairsan OAMELA S. MAC'KIL•. Cl airwoman si;naturc onll. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: MarjoHe M. Student Assistant County Attorney 1%C91-99JA RUSOLUTIUN 13A11' FINDING OF FACT 3 BY =,LI R CCUINTY PLANNING COMMISSIr:.l FOR A CONDITIONAL USE PETITION FOR CU -99 -04 .he following facts are found: i . Section of the Nand De-.1elopment Code authorized the conditional use. 2. Granting the conditional use will not adversr�ly affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Develop-rent Code and Growth Management Plan- yes No H. Ingress and egress to property and proposed structures therecn with particular reference to automotive and cedestrian safety and convenience, traffic flow and control, and access in case of fire or :-;Atastrophe: Adequate ingr & egress Yes No _ C. Affects neighboring properties in relation to noise, g e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distric : Compatible use w in district Yes No Based on the above findings, ,his conditional use should, with stipulatio (copy attached) (should not) be recommended f- or approval DATE:—A4 14:49' 1- CHAIRMAN: f/MMI::G OF FA,. EXHIBIT "A" 13A FINDING OF FACT Ij BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -99 -04 The following facts are found: i. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes W No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by L-- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ,// , / DATE: �-S� ' �?Z r / rINDIc or rxcr KDMAX/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 1341 CU -99 -04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes � . No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egr.ea.s Yes �. No C. Affects neighboring properties in relation to noi3e, glary; economic or odor effects: t,' No affect or Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes �_ No Based on the above findings, this conditional use sho ld, with stipulations, (copy attached) ;should not) a recomme ded for approval �l� DATE: MEMBER :.f 7 r : /PINDINO OF FACT HWMZR/ J FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -99 -04 13A1' :'he following facts are _found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /,,,. No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egrless Yes �� No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,� No Based on the above findings, stipulations, (copy attached) approval DATE: t /riNDIma or rAcr mzxsat/ this conditional use should, with ( should not) b�eco7ended for i MEMBER: J FINDING CF FACT BY COLLIER COUNTY PLANNING CCMMISSIGt -; FOR A CO:JUITIONA.L USE PETITION FOR � � � •,,� --. CU -99 -04 the following facts are found: :. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or reichborhood because of: A. Consistency with the Land Development Ccde and Growth Management Pin: Yes 1' NO E. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case cf Eire or catastrophe: Adequate ingress &ress Yes ONo C. Affects neighboring properties in reiatisn noise, clay economic or odor effects: r No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use_)Athin district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) �. P be rec r;&nded for approval DATE: GG MEMBER 1 t /FINDING OP FACT KMMX)t/ 3 - :, F INDIt1G OF FACT BY � COLLIE R C`JUNTY PLANNING COMMISSION � FOR .� A C01:TJIT:ONAL USE PETITION FOR CU -99 -04 The following facts are found: :. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, e traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in rela --:on =o noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached)�houl -.;;i--ot) be recommended for approval DATE: i 9 f /rINDINO or racy HZK81x/ MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -99 -04 13AI The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to-property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation -o noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: f /FINDING OF FACT KDMXR/ FINDING Or FACT BY COLLIER COUNTY PLANNING CCMMISSION FOR A CONDI':IONAL USE PETITION FOP. 13AI CU -99 -04 The following facts are found: =. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property cr uses in. the same district or neiahborhocd because of: A. Consistency with the Land Development _cr_"e and Growth Manaaement Plan: Yes No a. :rgress and egress to property and prcp:.sed structures thereon with particular reference tc automotive and pedestrian safety and ccnvenience, traffic flow and control, and access in case cf _fire or --atastrophe: Adequate ingress & ea -Ass '.es �`No _. Affects neighboring properties in rely -_:on tc noise, cl economic or odor effects: ar No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w thin district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recomm 'ed for approval `_ DATE: MEMBER : / lrtGC�IG� A 'e'e t /rrrmrNC or n►c. rzmax/ 0144 (FINDING OF FACT 3 BY COLLIER COUNT ?CANNING COMMISS: Dti FOR A CONDITIONAL USE PETITION FOR CU -99 -04 The following facts are found: S 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Manageq=t P1 ,An: B. Ingress and egress to property and prc.posed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic floe and control, and access in case of fire or catastrophe: Adequate ingreaD ess les No C. Affe neighboring properties in relation to noise, g =affec� or odor effects: or Affect mitigated by Affect cannot be mitigated D. Compatibility with ad' ent properties and other property in the dist ct: Compatib ithin district a Based on the above findings, this conditional use should, with stipulations, (Gepy ate_ be recommended for approval APP2GVE DATE: 4 /5 9i f/8Li rwa or PACT !xmm!R/ MEMBER: 13 Al RESOLUTION NO. 2000- 51 RELATING TO PETITION NUMBER V -99 -26 FOR A VARIANCE ON PROPERTY BEREINAFTER 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 (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7.5 -foot variance from the required side yard setback of 7.5 feet to -0- feet as shown on the attached plot plan, Exhibit 'A', in an RSF-4 Zone 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 2.7.5 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 TiLEREFORE BE IT RESOLVED By THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -99 -26 filed by James M. Boswell, II, representing property owners of blocks "G & "ii" Little Hickory Shores Unit 3, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 7.5 -foot variance from the required side yard setback of 7.5 fret to —0- feet as shown on the attached plot plan, Exhibit 'A', of the RSF-4 Zoning District wherein said property is located, subject to the following conditions: Bxlubit "C" BE IT RESOLVED that this Resolution relating to Petition Number V -99 -26 be recorded in the minutes of this Board. -1- 13 Al . w This Resolution adopted after motion, second and majority vote. Done this 0 " day of 2000. ATTEST:....... BOARD OF ZONING APPEALS DWIGHT B. BROOK, Clerk COLLIER OUNTY, FLORIDA - 1',T`` tantine CHAIRMAN Tirto Attest as -to Ch tpw' 3 `Pi��sdrm and Legal Sufficiency: Mardi M. Scuderi Assistant County Attorney g/admiW MOLU nON/V.99- 26 /CB /ts -2- I 13 Al tit S'� �1`•�1 ��' J ' •' VY C 4' ,v 50.00' • i0 - r o,p�' • � q 'V_ 1 16' , •S�as mss. a 13 0/ 1he A lu . � 1 ' O *.py !v ?6 9. ' _ �. `; �• G -'may _ �r �a ; `., 'vl' been jr t�• ✓�leG W,ev .look m t i,e 604 S♦ : it hl � oi ! ' ? �erfOAO //y OtroeJ/Cr� ✓O/rlCl c . tit //e { '. ° — a, ' L o ° a j1 , ,1 R z ar '•, � y' EXHIBIT "All / �rer ot/ OrJd t�%eed v1 f ��•: / ,; ` 1` >%lll; /�ey O%f l Pd //lP,e• /v ir• , 1 .,{ � O � � � � �.3•Al Lots 3, 4, 5, 6, 7, 8, 9, 10, Block "H" and Lots 4, 5, 9, 10, 11, 12, 14, 17, 18, 19, 20, Block "G" Little Hickory Shores Unit 3, replat, as recorded in Plat Book 6, page 2 of Official Records of Collier County, Florida. EXHIBIT "B"