Resolution 2016-012 RESOLUTION NO. 16- 1 2
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AFFIRMING THE DECISION OF THE
COLLIER COUNTY PLANNING COMMISSION WITH
MODIFICATIONS AND APPROVING PETITION BD-PL20150000487
FOR A 15-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM
20-FOOT LIMIT ALLOWED BY SECTION 5.03.06 OF THE LAND
DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 24 TO 35
FEET TO ACCOMMODATE A 26-SLIP MULTI-FAMILY DOCKING
FACILITY FOR THE BENEFIT OF A 15.61 ± ACRE PROJECT TO
BE KNOWN AS HALDEMAN LANDING, AKA REGATTA LANDING
IN WINDSTAR ON NAPLES BAY, IN SECTIONS 11 AND 14,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. [PETITION ADA-PL20150001703]
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, on July 2, 2015, the Collier County Planning Commission heard Petition
BD-PL20150000487 and approved the boat dock extension (CCPC Resolution 15-01); and
WHEREAS, Anthony P. Pires, Jr., Esq., representing Kathleen Riley, et al., filed an
appeal of the decision of the Planning Commission; and
WHEREAS, the Board of County Commissioners is authorized under Section 2-1163 of
the Collier County Code of Laws and Ordinances to hear this appeal; and
WHEREAS, on December 8, 2015, the Board of County Commissioners held a public
hearing after notice as in said regulations made and provided, and considered the advisability of
an 18-foot extension over the maximum 20-foot limit provided in Section 5.03.06 of the Land
Development Code to allow for a total protrusion of 24 to 38 feet into the waterway for a 26-slip
boat dock facility in a Residential Multi-Family (RMF-6(3)) zoning district for the property
hereinafter described; and
WHEREAS, at the public hearing, the Appellant and the Appellee entered into an oral
Settlement Agreement, and both parties requested that the Board affirm CCPC Resolution 15-01
with modifications to reflect the terms of the oral Settlement Agreement; and
WHEREAS, the Board directed staff to incorporate the terms of the oral Settlement
Agreement into a Resolution, and bring back Petition ADA-PL20150001703 for approval on the
Consent Agenda at the next Board of County Commissioners public meeting; and
[15-CPS-01461/1231493/1] 1/5/16
06,
WHEREAS, the Board of County Commissioners has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all applicable matters
required by Section 5.03.06 of the Land Development Code, and that all oral terms agreed upon
by Appellant and Appellee at the December 8, 2015 public hearing have been incorporated into
this Resolution and the attached Exhibits; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
at a public hearing, and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The decision of the Collier County Planning Commission is affirmed with modifications,
and Petition Number BD-PL20150000487, filed on behalf of Standard Pacific of Florida GP, Inc.
by Turrell, Hall & Associates, with respect to the property described in the attached Exhibit "A,"
be and the same is hereby approved for a 15-foot extension over the maximum 20-foot limit
provided in Section 5.03.06 of the Land Development Code to allow for a total protrusion of 24
to 35 feet into the waterway for a 26-slip boat dock facility, as shown on the Proposed Site Plan
attached as Exhibit "B," in a Residential Multi-Family (RMF-6(3)) zoning district wherein said
property is located, subject to the Conditions of Approval attached as Exhibit"C."
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote this ' C� day of
�gnUolr� , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E '$TDI , CLERK COLLIER COUNTY, FLORIDA
atutot ftweas
B i�/ tG
y: E.
'? st as tt IQoR'Clerk —[`;nn qnc 2_., Chairperson
-i n tags orliV
Ap. ed as to' orm and legality
OW
LIMB—til Afc ( (6/Ko
Scot A. Stone
Assistant County Attorney
Attachments: Exhibit A–Legal Description
Exhibit B –Proposed Site Plan
Exhibit C –Conditions of Approval
[15-CPS-01461/1231493/1] 1/5/16
(j.'"3
OR 5037 PG 1652
JCHIBIT"A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF COLLIER,
STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE
25 EAST, AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 50
SOUTH, RANGE 25 EAST AND THE WEST 330,00 FEET OF LOT 42, NAPLES GROVES AND
TRUCK CO.'S LITTLE FARMS NO. 2 AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTH QUARTER CORNER OF SAID SECTION 14;THENCE SOUTH 00° 13'02"
EAST, 1331.46 FEET ALONG THE WEST BOUNDARY OF GULF SHORES, AS RECORDED IN
PLAT BOOK 4, PAGE 50 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO.2,
THE SAME BEING THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14 TO
THE NORTHEAST CORNER OF WINDSTAR, AS RECORDED IN PLAT BOOK 14, PAGES 11
THROUGH 15 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID
WINDSTAR THE FOLLOWING COURSES: SOUTH 89° 35' 14" WEST, 330.45 FEET; THENCE
NORTH 00° 13 07" WEST, 462.39 FEET; THENCE NORTH 89° 35' 11" EAST, 30.47 FEET;
THENCE NORTH 00° 13'07" WEST, 1389.23 FEET; THENCE SOUTH 89° 34' 18" WEST, 314.39
FEET;THENCE SOUTH 68°04'16"WEST, 50.12 FEET; THENCE LEAVING THE BOUNDARY OF
SAID WINDSTAR, NORTH 00° 17'06" WEST, 197 FEET, MORE OR LESS, ALONG THE WEST
BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 21 TO THE SOUTH BANK OF HALDEMAN
CREEK;THENCE MEANDER EASTERLY ALONG SAID SOUTH BANK TO ITS INTERSECTION
WITH THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11 AND THE WEST
BOUNDARY OF DEMERE LANDING AS RECORDED IN PLAT BOOK 4, PAGE 14, OF SAID
PUBLIC RECORDS; THENCE SOUTH 00° 18' 15" EAST, 164 FEET, MORE OR LESS, ALONG
SAID QUARTER SECTION LINE AND WEST BOUNDARY OF SAID DEMERE LANDING TO
THE sountiwEsT CORNER OF SAID DEMERE LANDING AND THE NORTHWEST CORNER
OF LOT 42 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO. 2; THENCE
NORTH 89° 30' 34" EAST, 330.00 FEET ALONG THE SOUTH BOUNDARY OF SAID DEMERE
LANDING AND THE NORTH BOUNDARY OF SAID LOT 42;THENCE SOUTH 00° 18' 15"EAST,
337.30 FEET, PARALLEL WITH THE WEST BOUNDARY OF SAID LOT 42, TO THE SOUTH
BOUNDARY OF SAID LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES;
THENCE SOUTH 89" 27' 51" WEST, 330,00 FEET, ALONG THE SOUTH BOUNDARY OF SAID
LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES TO THE SOUTHEAST
CORNER OF SAID LOT 42, THE NORTHWEST CORNER OF SAID GULF SHORES AND THE
NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION II; THENCE SOUTH 00° 18" 15'
EAST, 334.79 FEET ALONG SAID QUARTER SECTION LINE AND THE WEST BOUNDARY OF
SAID GULF SHORES TO THE POINT OF BEGINNING.
Cormaive Special Warranty-Iktd-WSCPlaples,LLC:13423690 JRLDOCS 13423690 I 29239.0004
OR 5037 PG 1653
LESS AND EXCEPT;
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH QUARTER
SEC LINE OF SAID SECTION 14,SOUTH 00°13'07" EAST 1001.74 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG THE
NORTH-SOUTTI QUARTER SECTION LINE, SOUTH 00°13'07" EAST 329.53 FEET; THENCE
SOUTH 89°35'14" WEST 330.47 FEET; THENCE NORTH 00°1307" WEST 329.53 FEET; THENCE
NORTH 8915'14"EAST 330.47 FEET TO THE POINT OF BEGINNING.
PARCEL.2:
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH SOUTH QUARTER
SECTION LINE OF SAID SECTION 14, SOUTH 00° 13' 02" EAST, 1001.74 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG THE
NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00° 13' 02" EAST, 329.53 FEET; THENCE
SOUTH 89° 35' 14" WEST, 330.47 FEET; THENCE NORTH 00° 13' 07" WEST, 329.53 FEET;
THENCE NORTH 89°35' 14"EAST,330.47 FEET TO THE POINT OF BEGINNING,
PARCEL 3:
THE WEST 140 FEET OF LOT 47 OF NAPLES GROVE AND TRUCK COMPANrS LITTLE
FARMS NO. 2, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 27, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; EXCEPTING THE NORTH 30 FEET
THEREOF AS CONVEYED JUNE 20, 1957 BY DEED IN BOOK 11, PAGE 120 FOR EASEMENT
FOR RIGHT OF WAY AND ROAD PURPOSES.
concave Special warranty Deed-WSC Naples,11.C:134236K IRLDOCS 13423690 I 292.19.0034
)
•
W
o 0 0
tom_. to N.
H ,, (M� U CO w U F'..e N
N el
". - �D 2 G �v m W
2� _ 0ZOco0' `� O li 0
• '- a 0I-uizX L.L. _, Z
co 9 ' N
� Z aDWa7a 5 ,7, ce
cIJT-J _ + O0 aza +a,i� ()0 O,w¢ I,Q- ZD rzww �w(n w(.> I a S�U W F 2 J J y U a 0 a a a U w O W :Ij— ao ~ z� �!H N U 2
a 1-=Q o Z Q ro p a= ZI ����� O
0 I O ¢ZZ� z'->� Dp 1 AMINO
m (n- a�QO1—w°W-
_ u_ Z z_OO j2j1-Z a°EcQ V
Q Q O� Zu)0210OnFa�U
„:7.„.„
-1 ZD as_,ujI-a~QOpp2a t
CC O Q H Q a 1 W Y Y>Z Q Z
+i d ~ w0,00 -'c�wwwo_
I,M°1 CC Ewa°o aI—a°wCCCCCC_� 011110
0 co a w=»ao00a »> 0 W, in O A Z A A A A A A A A A N
• co " Z V O V V V V V V V v >._
Q0
W
IT Me W N z
Iwo 2 zo Z
x Q •
Q c p Q J m J OWO • O > V < W a
N. ", -u) 0 = z¢0 O J
O am ° Z J < m - O
O U U) IL 0D z 0_d ;. � C ° O
'e, o co O0 - > w — o
Div- aZ cn > Ju m1- ? ¢ Y
o p � � w O 2 ¢ � Q U
co 9-
H win DO r } JWpp ZmZ = Q O p CCQ ¢ ZOQ � z 0 .
a aoZ mOwCC - - W J w
c° O W U) OI- QQ = I- Q co D W
r' +I am 1- 0- _, ‹ 221_ < (D O
i7 _.M 2FQ � V V V m d .
„„ ,
E t t v
Y . Z a ..
-
YYQ - I rr, 0
W _ b _ S W
Z
4,4" =:. m ,--, D
p o 74
°-,Ow y,lip,,V I . , . Z eciW `i' 1
U
I { - �. s o
ro° Ea "Ras I M
r
oaQ
u°�O> N .
aa1- .g
a
" L.
- or
p.\9002.5-fisherman's village l CAD 1 SHEET\PERMIT-COUNTY\9002.SAME.DWG PROPOSED DOCK IMPROVEMENTS 1/6/2016
Exhibit B
a I
U_ U-
0 W
w M } N
oZm0N 0 w W
7 - aO1"rnzX Ui S' w c�
Y• W, D U ww X N w 0 > 0 Z Q
X X 0 a U a a > ' 5 O ° ix
WHIN T 7o_,a U' �ZQ�a IoM wcYi > >
'� �-ovlw Zlnw II Q aa111 =o ir ¢
Z U)7 F H Z W W 5S W Q W N Z
Q O-�
,. F_O L X=Z a Z N J a N
co XWa t20w,2 2JJUjV JOw rc F O
IOK it ce 6 Ucp W W° r W
} XW
aI-X (n W 00)7>=J} QFO (.0 (.2 d
O CI 0 w
Q LLZWW ou z Q' � w_ 0_W
O
prc ¢ ¢w U z0 +l >
ZJ1_ in 0 p p p H z z �- W O - 01- Oa.'~ Z
I— ,7, z00> Dct..Dct-OZWQ 7
L1J zrnO��007 t-x_ U
Z W 1�
a W 1� aQOW QCCI~i-QOUO2a 1 rc c 5, °
U i 0 I-U) a W >YYZ< Z
a - w o<O CI j- O w w w 0_j _0
• ,:•!� .,y. I U)Z0aJQF-O »>U1Q °w m d
c� ( W Q OQF-Q W lrlra-11- z z w o - H
W x r<a 0 0 0 a »> O 0 3 z w W
I F F-J Q a H F-CO CI CO CO CO. I- y W
A Z A A A A A A A A A O o.0 D y (1)
AVM2131VM AO z V 0 V V V V V V V V VVV�
H101M%SL XddV -_.._. .._......_ _ ----.----'°
Cr
m
Cl,
W
Z
Z
Z CC
4 4 O Q -•
O c~!_, Q
= I
Z •
1—( Z Z
E.--4 oN II 2
2 a
re C-9 Z O
O
U w 3 oN z V
W a = AVMi131VM dO 2
W W
V2 H1O1M%OS XdcIV 1 u)
co ° O Q '^
o CO
a a tr O
Q a W
Cii) 4 Q U
O Z
s o
0
Z •
Z;
Z
U -
23 Q o m
X
= W
AVMO31VMdO 1 U W >~C -=
H101M%SZ'XddV i
-A£-s 1 10 ,-1 O o
1 C
0 G M M•t 0 W Y
1�: W 3 _CC(..) a N
Z
I � 1 Om 02 p w
wrn D Z 1 0 Zo cn °J `°
CO W O ( • a� w0 Q C Gr]
�y O so
w0 U, oo "c.,.�
0 0 F- �. =X CC W cn Z
j
0
1MHW H
LL a E W
( Cn0)�� °w N
> a m °a W
060(0ON 0 L.L. N (9
a_ 0-z x w J w Z
j 0 ww X -ix O ,- z Q
a 0 a a v °w
1'F-W Q - a X 0 M u>
H ZwW5SWC/) wNZ ,.,a
H-OwW IZa- ZNi mF In
g O W P-2L-Doi.) J°W 0
- _ a o ]>W O UJ 0
`
N W�1X > 01 2 d a O 12 v,
OYzaCD2Q0q =QCn =wOZao{- wo O aEO0 W LUsO o a Y
W a 1r rn O m z w w CO
(4/JN 9'0-)M1141 zwoaaoa 1f
J w ice(r = W OdW
da Q F Q I Z 01D ce
1-s Z } Oz r - vn vv,
cn , O -wore 0)1-
zaw2O <0z ,- = 0z W a
1_ HJO
5 u)Og00= a
R 7.
0 °AVM131VM JO Q F Z Ca y}y z Q
HlONA%SL'XddV wo<O°JJOwwwOJ 0
(oZ0a J< _0>>>CO< °w m d
r4w<JOaH-Qwww -�I- w F
m. ,xrJao00a»> O (5 m w W
q r J Q a F-F m 0 Cn n n: H m a
O n z A n n n n A n n n o a u ° � W
L v O v v v v v v v v v
Q
m
W
d
Q
Z
Z
O
Q
o
Z i m •
2 P. Z Z '
U !I AVM2131VM AO d 5 D 0
l/ I��I Gil = H101M%OS XddV o z Q
�1 - Q Z �l W w
v c'� ...:c (/)
CD//�' Q °
co
x 3 q r N� .
Cdn
a ¢ U
Q o CD'
O Z
0
P4 1 4 Z N
1 m
le-
U W
J¢T
CI
X
X w
° ti °A`-, P,
AVM2l31VMAO w •
HlOIM%9 XddV 1\ 0 >✓) $ i
■
` h O p• wn : IIi
is.in
0. w° V d N
O o0 JQx , i iikkv k� a�•C A ',
w a I 0,1;0; =.G K 0.
X 1 .0Q.� [� W
w n
o z
Mo
Z 1
o
/ A1 R
1MHW t 3
p:\9002.5-fisherman's village CAD 1 SHEET1PERMIT-COUNTY\9002.5-BDEdwg CROSS SECTION B-8 1/6/2016
CDQ
U
IMHW H
(GAON 9'O-)MlW LLI❑2 ao>v
O���O NI
� nZX m❑ IL
w -, w W(7 Z F❑N O 0 c DOWN —cc
D za+0 O�r1
Z a I I Q a V w
I-0W� LZiza W0,./Z U m
Z �
QT D:z o p i ❑ W❑0 , ' ' d a���> �} 2 OHo 0 ZFUQ�¢ x¢u> _
�CIOcnZ5WOy�COO a
W❑wCt "00if�= ZWZW Z
W W WH'Ui Jac°o OvW>?j
m Q z>z ??n "Z ,r)F <, ,,, v v; 0
u)— x ,`-'01-- U) /n F
J
AVMi,131VM AO Et Q-,W Q Et 1-<O❑OW 2 Q rc o S C
H101M%9L'XddV ZQO❑a 0 W W W O 0
V7W<jOQF–Q❑W C40 I JF °wo°z H
W x}J cc❑0 0 0 ❑❑D—o - 3 z w 0
F'FF-J¢a HF m❑c0 co<0 F- •n w w
4
A A,...t'
A A o o u °y N
Z v O v v v v v v v v v
U
> CO
ct CO
w
U W
z
5 6, z
Z 0
0 CC
O M Q
° s Z v
OF a v
a Z Z -
Z o
I
I AVM2131VM d0
U M H101M%OS XddV Z U
a -29- In 4 W 0 U ° mo •
u ¢ " Z 4 Q CI)
C4 C4
7. N Q Cl)V/ •
3 R rn w % ..
1 2 2 W
V
Cin Q U
o c7
O Z
CI
Z -
Q H
m
e' M_
4 W
X
4v
= w
AVM2131VM JO 0 cj .`-, .`e,
H101M%SZ'XddV W ='Y '�.,
o S -4 '
o
C
O CO O a
4 ❑ — c�C.) a l,
1 e)W0 EsU fW O O
WH <Ui c�W � 1
> a
a
Z.E x a ED Irii,6 = k ns.
` 1(1 oN o
IMH W Y _
O m r
1
¢w } \ Lei
w L
0 �.
ZW ► f
00
p:\9002.5-fisherman's village ADHEEPERMIT-COUNTY\9002.5-BDE.dwg CROSS SECTION C-C 1/6/2016 /
\C \S T\ .
(( .
Conditions of Approval
1. Construction of the docks shall not commence until the approval of an Amendment to
SDP-PL20130000015 for the upland housing development and the subject docks, and the
issuance of a building permit for the upland housing development, as well as the docks.
2. An ST Permit is required prior to approval of an SDP for the boat docks.
3. A Certificate of Occupancy (CO) shall not be issued for the docks until a CO has been
issued for the upland housing development.
4. The use of Dark Sky standards for all lighting used on the dock facility is required.
The following condition was presented by the Appellant and Appellee, and accepted by the
Board of County Commissioners at the December 8, 2015 public hearing:
1. The boat slips shall be owned and used only by the residents of the upland residential
Haldeman Landing, aka Regatta Landing in Windstar on Naples Bay (the "Haldeman
Landing"), multi-family development or by a Property Owners Association or
Condominium Association established to exclusively serve the Haldeman Landing
project (the "Haldeman Association"), where the only members of the Haldeman
Association are unit owners in the upland residential Haldeman Landing multi-family
development and no dock, boat slip, dock facility or launch facility shall be owned, used,
sold, leased or rented by or to any other person. Provided further, that no dock, boat slip,
dock facility or launch facility shall be owned by the Windstar On Naples Bay Master
Association, Inc. (the "Windstar Association") or any affiliated or related entities or
successors or assigns, unless acquired by the Windstar Association by foreclosure or deed
in lieu of foreclosure of Windstar Association assessments imposed on an upland
residential Haldeman Landing dwelling unit, and notwithstanding the foregoing no dock,
boat slip, dock facility or launch facility shall be leased, rented or used by or to the
Windstar On Naples Bay Master Association, Inc. (the "Windstar Association") or any
affiliated or related entities or successors or assigns.
Exhibit C
[15-CPS-01461/1231545/1]
1/5/16