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Agenda 02/10/2009 Item # 7A Agenda Item No. 7A February 10, 2009 Page 1 of 78 EXECUTIVE SUMMARY CU-2006-AR-I0925, Basil Street Partners, LLC, represented by Clay Brooker, Esq., of Cheffy, Passidomo, Wilson & Johnson, LLP, is requesting a Conditional Use of the Agricultural (A) Zoning District, with a Special Treatment Overlay (ST), as specified in Section 2.03.01.A.c.20 of the Collier County Land Development Code (LDC), for a beach access facility. The approximately 4.32-acre subject property is located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced application for a Conditional Use of the Agricultural (A) Zoning District, with a Special Treatment Overlay (ST), as provided in Section 2.03.01.A.c,20, Sporting and Recreational Camps, of the Collier County Land Development Code (LDC) (Ordinance No. 2004-41, as amended) in order to permit a beach access facility for passive recreational use; and to insure that the community's interests are maintained. CONSIDERATIONS: The petitioner seeks a Conditional Use to permit a passive recreational facility that would provide private beach access to Keewaydin Island for members and guests of the Club at Naples Bay Resort, a collection of three properties in the City of Naples, As depicted on the Master Plan contained in Exhibit C to the Ordinance, the elevated, covered shelter would have an 816 square- foot footprint and would provide open-air seating for a maximum of 20 people, including staff; two ADA-accessible restroorns; an educational kiosk providing literature approved by the Rookery Bay National Estuarine Research Reserve on the preservation 0 f Keewaydin Island; and an outdoor shower. The site would be accessed by a private boat shuttle that would use an existing dock on the Rookery Bay Channel, adjoining the eastern boundary of the site. A 24- to 36-inch above-grade elevated boardwalk would provide pedestrian access from the dock to the shelter and ultimately to the beach on the Gulf of Mexico side of the property. Due to the delays involved with properly permitting the property's dock through the Department of Environmental Protection (DEP), this petition was continued by the applicant three times, which has resulted in a one-year and eight-month time lag between the Collier County Planning Commission (CCPe) and BZA hearings, FISCAL IMPACT: The proposed beach access facility in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, would maximize its authorized level of development; however, if the Conditional Use were approved, a pOliion of the existing land would be developed and the new development would result in an impact on Collier County public facilities. - The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to Page I of 5 CU-2006-AR-I0925 Aaenda Item No.7 A -February 10, 2009 Page 2 of 78 -- fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element (CIE) needed to maintain adopted Levels of Service (LOS) for public facilities, Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, 50 percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and other applicable impact fees. It should be noted that the inclusion of impact fees and collected taxes are for informational purposes only, and they are not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Conservation, as identified on the Future Land Use Map of the Collier County GMP. According to the FLUE, the overall purpose of this designation is to conserve and maintain the natural resources of the County and their associated environmental, recreational and economic benefits. Because of these areas' ecological value and sensitivity to disturbance, all proposals for development in this land use designation are subject to rigorous review to ensure that their impacts do not destroy or unacceptably degrade the inherent functional value. In addition to limited residential development, the Conservation designation permits recreational camps, passive parks, and other passive recreational uses with the essential services necessary to serve these uses, such as private ~_ wells and septic tanks. Based upon the above infornlation, staff concludes the proposed Conditional Use may be deemed consistent with the FLUE, Conservation and Coastal Management Element (CCME): According to CCME Policy 10.3.12, for areas identified as Coastal Barrier systems, new developments or redevelopments should be in the form of a Planned Unit Development (PUD), However, staff, in consultation with the County Attorney's office, has determined that the Conditional Use process would be more appropriate for this project because the subject site is less than the minimum 10-acre threshold for PUDs prescribed by the LDC. Based on the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the applicable elements of the GM? AFFORDABLE HOUSING IMPACT: Approval of this Conditional Use would have no affordable housing impact. ENVIRONMENTAL ISSUES: The Environmental Services Department has reviewed this petition and has found that there are no environmental issues associated with it. ,- ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council heard this petition on May 7, 2007, and unanimously Page 2 of5 CU-2006-AR-I0925 Agenda Item No. 7A February 10, 2009 Page 3 of 78 .- recommended denial (9-0) based upon the project's impact on Keewaydin Island and the precedent such an approval might set for future beach facility projects. The Council also expressed concern regarding the ability of the beach shelter's staff to effeetively enforce the facility's proposed maximum capacity of 20 users at anyone time (and County Code Enforcement's and Rookery Bay's ability to monitor this regulation); the negative impact of multiple private boats, which they belicved would descend on the site; the human impact on the beaches, dunes and mangroves; litter; and the failure of the project to be "for the greatest benefit to the people of the County," as mandated by the Special Treatment Overlay district ofthe LDC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard CU-2006-AR-l 0925 on July 19,2007, and voted 6-3 to forward the petition to the Board of Zoning Appeals (BZA) with a recommendation of denial. The reasons for their denial were the same as those cited by the EAC, as well as a perceived emergency access issue; outstanding Department of Environmental Protection (DEP) permitting issues related to the site's dock; a perception that the proposed use would be incompatible with the existing residential uses of the island; and the failure of the project to comply with LDC subsection 3,03,07.A., which prohibits the County from approving a plan of development on an undeveloped coastal barrier that would exceed the density of one structure per five acres of fast land (i.e. the portion of the island above the upper limit of tidal wetland vegetation or above the mean high water mark), except for legal, non-conforming lots of record. (It should be noted that Environmental Service staff considered this provision and deemed the property a legal, non-conforming lot of record.) --- As previously noted, this petition was continued by the applicant three times as a result of delays involved with permitting the property's dock through the DEP, which is the reason for the extended length of time between the CCPC and BZA hearings. Staff has not received any letters of objection to the projeet from the community; however, a letter of objection from the Conservancy of Southwest Florida was distributed to the planning eommissioners before the CCPC hearing. LEGAL CONSIDERATIONS: Before you is a Conditional Use for an 816 square-foot beach access faeility in the Agricultural Zoning Distriet with a Speeial Treatment Overlay. A Conditional Use is a use that is permitted in a partieular zoning distriet subjeet to eertain restrietions. Deeisions regarding Conditional Uses are quasi-judicial, and all testimony given must be under oath. The attaehed report and recommendations of the Planning Commission required are advisory only and are not binding on you. The petitioner has the burden of demonstrating that the neeessary requirements have been met, and you may question the petitioner, or staff, to satisfy yourself that the neeessary eriteria has been satisfied. In addition to meeting the nceessaJ)' eriteria, you may place sueh eonditions and safeguards as you deem appropriate to allow the use, provided that there is eompetent, substantial evidenee that these additional eonditions and safeguards are neeessary to promote the public health, safety, welfare, morals, order, eomfort, eonvenienee, appearance, or the general welfare of the neighborhood, As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public ,,-_ facilities be set aside, improved, and/or dedieated for public use, subject to appropriate impact Page 3 of 5 CU-2006-AR-10925 Agenda Item NO.7 A February 10. 2009 Page 4 of 78 /_. fee credits. Approval or denial of the petition is by Resolution, with approval of the Conditional Use requiring four affirmative votes of the Board. -STW SUMMARY: Despite the CCPe's recommendation of denial, it is staffs opinion (as described in the attached staff report) that this petition is consistent with the GMP and the requirements of the LDC, subject to the conditions noted below. RECOMMENDA nON: Staff recommends that the BZA approve CU-2006-AR-10925, subject to the following conditions, which have been incorporated into the attached Resolution as Exhibit D: 1. The use is limited to that depicted on the conceptual site plan identified as "The Beach Shelter at Keewaydin Island" prepared by Dyehouse Comeriato Architect, and dated December 7, 2006, except as further conditioned below, 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores. An approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Site Development Plan. -, 3. Permanent conservation easements dedicated to the County shall be required over the 0.43-acre area preserve within 90 days of SDP approval or prior to certificate of occupancy (CO) of the building, whichever comes first. 4. Site Development Plans shall depict a staging area for the construction equipment and the impacts to the area along with re-planting/re-vegetation plans. 5. If lighting is required for security reasons, only low-level, directional lighting that complies with sea turtle regulations approved by the Rookery Bay Reserve manager will be used, subject to further review and approval by County Environmental Services staff. 6. Users of the beach shelter property shall arrive by the applicant's designated boat shuttle only. 7, No more than 20 people, including at least one resOJ1 staff, shall be on-site at anyone time. 8. Noise on the property shall not exceed 55 decibels at the boundaries of the property, and shall otherwise comply with the County's Noise Control Ordinance. 9. The beach shelter shall remain closed between dusk and dawn. ~ 10. All food, beverages and trash shall be removed from the beach shelter at dusk, and the facility's staff shall clean up any litter on the beach up to 100 yards beyond the property boundaries in both northerly and southerly directions. Page 4 of5 CU-2006-AR-10925 Agenda Item No. 7A February 10, 2009 Page 5 of 78 ,~ I I. At the time of SDP approval, the applicant shall provide evidence that an Environmental Resource Pcrmit (pursuant to Part IV, Chapter 373, Florida Statutes) and an authorization to use State-owned submerged lands for the dock on the subject propeliy have been approved by the Florida Department of Environmental Protection. 12. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan. The site plan shall be formally reviewed and approved as part of the Site Development Plan (SDP) process. No Variances from any LDC requirements have been granted as pati of the acceptance of the subject site plan. If it is detemlined that the site plan is not in compliatJce with any LDC requiremcnts, the site plan must be brought into compliance prior to the issuance of any SDP approval. 13. The Department of Zoning and Land Development Review Director may approve minor changes in the location, site layout or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as part of the application, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including section 1O.02.03B.3. of the Collier County Land Development Code. ----'~ 14. The Conditional Use shall be required to go before the Board of Zoning Appeals (BZA) for review every three years from the issuance of the CO, unless during any such three- year term there have been (I,) no violations of any of these Conditions, and (2.) no findings by any court or tribunal (including the Collier County Code Enforcement Board or Special Magistrate) of any Collier County Code violation arising from the subject parcels. If such violations have occurred, and a hearing before the BZA is triggered, the BZA shall review the violation(s) and determine what revisions to these conditions may be warranted, if any; or whether to revoke the Conditional Use should a record of persistent or significant violations exist. Such a hearing will be conducted by the BZA in the same general manner set forth in LDC Section 10.08.00, except that the matter will go directly to the BZA and will not be reviewed by the Planning Commission. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning and Land Development Review ,.-' Page 5 of 5 CU-2006-AR-10925 Item Number: Item Summary: Meeting Date: Page] of2 Agenda Item No. 7A February 10, 2009 Page 6 of 78 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU.2006-AR.1 0925, Basil Street Partners, LLC, represented by Clay Brooker, Esq., of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a Conditional Use (CU) for a passive recreational use in the Agricultural (A) zoning district. as specified in Section 2,04.03 of the Collier County Land Development Code (LOC). The subject property, consisting of 432 acres, is located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East. Collier County, Florida. CTS 2/10/2009 9:0000 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 9/22/20089:30:23 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 1/8/20092:04 PM Appro".cd By Steven Williams Attorney's Office Assistant County Attorney Attorney's Office Date 1/9/200910:18 AM Appmved Dy Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office Date 1/9/20092:40 PM Apprm:ed By Susan Istenes, AIC? Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 1/13/20098:47 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 1/20/20092:41 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1/20/20097:55 PM OMB Coordinator Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 1/28/200910:33 AM Approved By Mark Isackson Budget Analyst Date file://C:\Agenda TestlExportl ] 23-F ebruary%20 1 0,%202009107. %20BOARD%200F%20Z0... 2/4/2009 Page 2 of2 Agenda Item No. 7A February 10, 2009 Page 7 of 78 County Manager's Office Office of Management & Budget 1/29/20092:50 PM Appro\'ed By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/30/200912:06 PM file://C:IAgendaTestIExportl 123-February%20 1 0,%202009107.%20BOARD%200F%20Z0... 2/4/2009 Agenda Item No. 7A February 10, 2009 Page 8 of 78 COLLIER COUNTY GOVERNMENT DEPT. OF ZONfNG & LAND DEVELOPMENT REVIEW WWW.COlLlERGOV.NET (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLOlliDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETiTION NO (AR) PROJcCi NAME PROJECT NUMBIER DAiE PROCESSED ASSIGNED PLANNER To be completed l~y sJaJJ ABOVE TO BE COI~PLETEO 8Y STAFF APPLICANT INFORMATION NAME OF APPLlCANT(S): BASIL STREET PARTNERS, LLC ADDRESS: 365 FIFTH AVENUE 50UTH, SUITE 201, NAPLES, FLORIDA 34102 TELEPHONE # (239) 434-0600 cm # FAX # (239) 434-6656 E-MAIL ADDRESS: NAME OF AGENT: CLAY BROOICER, ESQ. FIRM: CHEFFY, PASSIDOMO, WILSON & JOHNSON, llP ADDRESS: 821 FIFTH AVENUE SOUTH, SUITE 201, NAPLES, FLORIDA 34102 TELEPHONE # (239) 261-9300 CELL # FAX # 12391 261-97B2 E-MAil ADDRESS:CCBROOKER@NAI.I.ESI.AW.COM , .. ] ' BE AWARE THAT COLLIER COUI>lTY HAS LOBBYIST REGULATIONS. GUIDE YOURSelF ACCORDINGL Y AND ENSURE THAT YOU ~ COMPlIANCi: ViflTl1 THESE REGULATIONS. . APPLICATION fOR PUt3LlC HEARING FOR CONDITIONAL USE - 4/14/03, reI' 5/'10/2005 Agenda Item No. 7 A February 10, 2009 Page 9 of 78 ASSOCIA nONS 1 Complete the following fo, "II Associ"ilon(s) "ffili"ted with this petition, Provide "cldition"l sheels i. rlecessa,y. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION, MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION, MAILING ADDRESS CITY STATE ZIP NAMe OF MASTER ASSOCIATION: MAILrI~G ADDR ESS CiTY STATE ZIP i'lAMe OF CIVIC ASSOCIATION, MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF iNTEREST INFORMATION a. If Ihe flropei'ly is owned fee simple by "n INDIVIDUAL, le\1C\Ocy by the entirety, ~enCirtcy in commOI1, or ioint fenancy, list 01\ parUes vv'fth an ownership intel'est as wet I o:s ,he percentage of 5uch inlerest, (Use additional sheel's if necessary), Name and Address Percecnto.ge of Ownership APP/.ICATlON FOR PUBLIC HEARING fOR CONDITIONAl USE - 4/1AjD3, rev 5/20/200.5 Agenda Item No. 7A February 10, 2009 Page 10 of 78 b. IF the property is owned by " CORPORATllON, list the officers and slockholc:!",. ,,",,I the percentage of stock owcoed by "oeh. Name and Address PercentOlge of Ownerl:>nip ,. if the p,operty is in the name of 0 TRUSTEE, [isllhe beneficiaries of the trust with the pe'eel1fClge of interest. Nome and Address Per'Ce-l"lh::age of Owners hip d. If {'he prope,.ty is in Hoe nome of 0 GEN.RAL or LlMITm PARTNERSHiP, list Ihe name of I-he general Clnd/or limite" partners. Nome and Address I'err.::enfcrge of Ownership Naples Boy Resort Holdings, LtC 100% (Individuals who ull"imately own or control the legal entities involved in I~oples Bay Resort Holdings, LLC, indude Jack Antaromian, F. Fred Pezeshkon, AI', Ebrahlmi, 11"01 J, Zand and Raymond Sehoyek.) APPUCATJON FOR PUBLIC HEARING FOR CONDITIONAL USf _ 4/14/03, rev 5/20/2005 Agenda Item No, 7 A February 10, 2009 Page 110178 e. If there is a CONTRACT FOR PURCHASE, with an inclividu>al or individ"als, " Corpor"lion, Trustee, or a Partnership, list the ....ames of the contract p"rchasers below, including the officers, stockholders, beneficiaries, o~ partners. Name and Address Percentage of Owtlership Dc;te of Cont,,,d: f, If etny contil1sency clause or controct terms involve "definonal pa,Nes, list all individuals or officers, if Ci corpo,,,tion, pCirtne,ship, or trust. f\!o:rne and Address g, Dale subiecl prof'el'ly aC'luit'ed: Sepl'ember 2003 if, l'etHioner has "pfion to buy, indicate (,he following: Date of "pl"ion: Dale option tenni"ales: t\n1idl)o;ted closing date r 0.' h. Should any changes of ownership or changes in cOllfracfs for IJVn:hase OCCU1' subsequent to the date of ol>plicafion, but prior to \'he elate of the \'inal public hearing, it is I'he responsibility of fhe applicanl, "r agent on his l:>el1o:lf, to submit cr supplemental disclosure of interest form, APPLICATION FOR PUB.LlC HEARING FOR CONDfTlONAl USE - 4/1 4/03, rev 5/20/'2005 Agenda Item No_ 7 A February 10, 2009 Page 12 of 78 PROPERTY LOCATION Delailed lalla I clescrit>lion of the DrOl>erlv cov",ed bv the ol>t>l1calion: (If space is in"cl~quat., attach on s.parale pag.,) If request involve, chCinge to mo,.lhCin one zoning eli,lr;ct, incluele separate leg"( description for p'e>perly involved in each elistrict. Appllc"nf sh"lI submit four (4) copies of" recent survey (completed within the las' six months, maximum 1 ~ to 400' scale) if required 10 do so al the pre-application mee~in-g. NOTE: The applicant Is respon,ible for ,upplying the correct legal de,criplion. If questions arl,. concerning the legal descrlpi'lCl-n, an engineer~s certification or sealad s.urvey may be required. Section/Township /Rang. 14 I 51 S I 25 E tot: Plat Boo k Block: Page #: Subdivision: Prope,ty 1,0.#: 00720120008 & 00720160000 Metes & Bounds Description: See Attached exhibit A SIZE OF PROPERTY: 178.5 fl. x 1055 ft. = Total Sq. Fl. 188.317.5 Acres ~ ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 10111 AND 10121 KEEWA VDfN ISLAND (SEE A TT ACHED IDCHIBIT B - GENERAL LoeA nON MAp) ADJACENT ZONING AND LAND USE Zoning N A.ST 5 Jl..S'i' " A-ST IN N/A land use Con servationjUnimproved Conservati 0 n/Uni mproved Conservation (lnfen:oo.stal Waterway) Gulf 01 MexicO' !loes H,e oW"er of "he subject l"operly own prope,ty conf'iguous to the subject properi'l'? if '0, give complete lega' description of entire contiguous prope'ly. (if space i, i""de'luO:j'e, "ltO'ch 0''' separol-e j>age), $.ectiol,jT ow nshi p/Ro I1ge I / Lot: Block: Subclivislon: Plat Book Page #: Properly 1.1),#: lVletes lit Bounds Descdpl'1on: APPLICATION FOR PUBliC HEAf1JNG FOR CONDITJONAL USE - .4/) 4/03, r~'" 5/20/2005 Agenda Item NO.7 A February 10, 2009 Page 13 0178 L CONcmONAL USE REQUEST DETAIL J Type of Conditio....al Use: This applicotion is requesting a conditlonol use allowed per LDC Section 2,04.03 of the Rural Actrlcult...rcs; (A) zoning district for a passive ,ecreationa; one! educatio"al ladlitv (beach shelter), Prase...t Use 01 the P,operty: Unimp,oved (wilh the exce"r-ion of an op"rolfad dock am! bo,mlwctlk) EVALUATION CRITERIA evaluation Criled"n Provide a narralive stotement describing this request for conditionol use. See Attached hhibll C - N a ",sr-i ve Stalemel'l' NOTE: Pursuant to Section 10,08.00. of the Collier County Land Development Code, stoff's recommendation to tne Planning Commission and tne Planning Commission's recommendation to the Boord of Zoning Appeals sholl be based upon a finding that the granting of the conditionol use will not adversely affect the public interest and that the specific requirements governing the individuol conditional use, If any, hove been met, cnd that further, sCltisfactory provision and arrangement have been mode concerning the foliowing matters, where applicable. Please provide delailec! 'esponse to each 01 the criterion listed below. Specify how and why the request is consislenl with eacn. (AttCllCI1 odc!itional pOIses as :t1"Y be necess"ry). a, Describe how the project Is consistent with the Collier County Land Development Code and Growth Monagement Plan (Include information on how the request is consistent with the opplicable section or portions of the future land use element): See Attached Exhibil I) b. ,Describe the existing or planned means of ingress and egress to the property ond proposed structure thereon with particutar reference to automotive and pedestrian safety and convenience, traffic flow and control I and access in CO$e of fire or catastrophe: Access 1'0 the Oi'ooel'lV will be bv C[Ub-ovlfl1ed vessel on[\1. Club members o.t'\d.~he'r Quests wW 1'10t be t)el'lnitted f'o arrive at {'he pl"O~I'1'V bv priva\e vessel. AI'" approved clock 8xis1s on H'i'e east side of l'he properlv, provldinq moori"a fOI' I'he Club.owned vessel, Afte, ,,,,,ivai by Club- owned vessel, an elevoted boardwalk wil; ".."vide pedestrian access to Ine prQ.f,!osed beach sheltel'. c. Describe the effect the cond111onal use will have on neighbol'ing properties in relation to noisef glare! economic impdct and odor: The neiahborina DrOl)el'ties to i'he north and souih are unimproved and QI'l~ owned ellld maint"lned by the Slate and Federal Qovernmenls. The r>roposed proiect will have no efFect 0.11 fhese [)rogertil3s. APPLICATION FOR PUBLIC HEARfNG FOR CONDfTlONAl USE - 4/14/03, re'l 5/20/1005 Agenda Item No. 7A February 10, 2009 Page 14 ot 78 d, Describe the sIte's and the proposed use's compatIbility with adjocent properties and other propertie, In the district: Tne adiClcel'lt ",rooertles clIre unimproved. Other "rooerties and lots on Keew"'ydll'l Isl",...d are develooed wiln beClch snellers and s,mlle family homes, The dosest, exis~inCl s!rt.lcture to Ih.. subieet sile is approximatel" 1.000 fee! 10 Ih.. soulh. e. Please provide any additional information which you may feel is relevant to thl, request, Tne pefiEioner "<IS worked exh"usfivelv with Ine SIelle of Florida DEi> / Rookery !!lal' I\\ational ES!"el,l"e Research Reserve 10 develop <>1'1 Ooerellions Manual to ensure that I!>e orolect is compatible w;lh the sensitive envirol'lr)'\enl of Keewavdin Island and the man"aecl conserval'ion areas adiacenlto ![,e subiect s.le. A cc>..v of the Ope'''tions Manual (which is an exhibit to a Decla,ation of Covenants, Conditions and Resl,icl'ions. anel Cll'l Aareement wilh Ihe DE") is alfached as Exhibit E. The DEP I Rooke,,, Bay National Eshlarine Research Reserve SUI>l>orts this oeti!lo". Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, mony communities haye adoptee! such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertoin whether or not the request Is affected by exi'tlng deed restrictions, Previous rand use peHtions on the subi.,\' e>roperl'v: To your knowledge, has a public heol'ing been held on this property within the last year? If so, whot was the nature of that hearing? Yes. In co"neclion with the previous conditional use application filed for this proiect IAR 71B1), public hearings were held before the EAC (2/1/06) and the cepe {7/20/06). Additional Submittal reattil'ements: In addition to this completed application, tbe following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting, a. A copy of the pre-application meetlr1g notes; b. Twenty (20) copies of 0 24" x 36" conceptual site pion [and one reduced 8V," x 11" copy of sBe plan], drawn to a ma,.;mum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of ,taff evoluation for distribution to the Boa,'d and various advisory boards such as the Environmentol Advisory Board IEAB), or CCPC]; · all existing ond proposed structures and the dimensions thereof, . provisions for exIsting and/or proposed ingl'ess ond egress (including pedestrian ingress and egress to the site and the structurels) on site), A.PPLlCATlON fOR PUIWC HEARING FOR CONDITIONAL USE -.4}14/03, rev 5/20/2005 Agenda Ilem No. 7A February 10, 2009 Page 15 0178 . all existing and/or proposed parking and Iooding areas [include malrix indicating required ond provided parking and ioading, including required porking for the disabled), II locations of solid waste (refuse) containers and service function areasf (I required yords, open space and preserve oreos1 . proposed locations for uliliHes (as well as location of existing utility services to the site), . proposed and/or existing landscaping ond buffering os may be required by the County, . location of all signs and lightillg including a norralive statement as to the type, character, alld dimensions (such os height, area, elc.); C, An Environmental Impact Stotement (EIS), as required by Section 3.8. of the Land Developmellt Code (LDC). d. Whether or not all EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, sholl be submitted. Sold aerial sholl identify piant and/or wildlife hobitats and their boundaries. Such identification sholl be consistent with Fiorida Department of Transportation Lond Use Cover and Forms Classification System. e. Stotement of utility provisions (with all required aHachments and sketches); f. A Traffic Impact Statement (TIS), unless woived ot the pre-application meeting; g. A historical and archeologicol surveyor waiver application if property is locoled within on area of historical or archaeological probability (as Identified at pre-applicotion meeHng); h. The petitioner must 10 rovide a submittal of the opplicaHon, at: letter of no objection from the United States Postal Service prior to Please contact Robert M, Skebe, Growth Management Coordinator U.S, Postal Service 1200 Goodlett. Road I~aples, Flol'ida 34102-9998 Phone(239)~35.2122;Fox(239)~35-2160 i. Any odditional requirell1ents as may be applicable to specific conditional uses ond identified during the pre-application meeting, including but n01 limited to any ,'equired state or federal permits, =._~. -. BE ADVISED THAT SECTION 10,03.05.8,3 Or- THi: LAND DEVELOPMENT CODE REQUiRES AN APPLICANT TO REMOVE THEIR PU8LIC HEARING SIGN (5) MTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSiONERS, BASi:D ON THE BOARD'S 1:i1ML ACTION ON THIS ITi:M, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIArELY. ---. --- --- --~- -"'~~. ~-~..., APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rel' 5/20/2005 Agenda Item No. 7A February 10, 2009 Page 16 of 78 (i) STATEMENT OF UTILITY PROVISlONS FOR CONDtnONAL USE REQUESr APPLICANT INFORMATION NAME OF APPLICANT(S): BASIL STREET PARTNERS, LLC ADDRESS: 365 FIFTH AVENUE SOUTH, SUITE 201, i'lAi>LES, FLORIDA 34102 TelEPHONE # (239) 434-0600 CELL # FAX # (239) 434-6656 E-MAiL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 10111 ~nd 10121 Keew~ydin Island LEGAL DESCRIPTION ] SecHo njT ownship /Range 14 j 51 S I 25 E Lo!: Plat Book Block: Page #: Subdivision: Properl'y !,O.#: 00720120008 a<ld 00720160000 Met.s & Bounds Description, See Ai'tacned Exhibit A L. l'VPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check crpplicOIb./s sysfem): a. COUNTY UTIl.l'ry SYSTEM 0 b. CiTY Umrl'V SYSTEM 0 c. FRAl'lCH'SED UTILITY SYS'fEIV\ 0 PROVIDE NAME d. I'ACKAGE TREATMENT PLANT 0 (GPD ecrpc>clty)_ e. SEPrlC SYSTEM ~ TVPE OF WATER SERVICE TO BE PROVrDED a. COUNTY UnLlTY SYSTEM 0 b. CiTY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SVSTEM 0 PROVIDE NAME d, PRIVATE SYSTEM (WELL) I2SJ APPLiCATION FOR PUBLIC IiEARING FOR CONDITIONAL USE'..4tr 4/03, rfY 5/20(2005 Agenda Item NO.7 A February 10, 2009 Page 17 of 78 TOTAL POPULATION TO BE SERVED: 20 PEAK AND AVERAGE DAIL Y DEMANDS: A. WATER.PEAK 2.50,md S. SEWER.PEAK 500 Clpd AVERAGE DAILY AVERAGE DAllY 1.50gpd 200 Clcd r. PROPOSiNG YO BE CONNECTED TO COLLIER COUNTY REGIONAL WATr:R SYSfEM, PLEASe PROVnDE TKE DArIE SERvnCE IS E)(PECTED TO BE REQUfRED NARRATIVE: STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewoge treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soli involved sholl be provided from tests prepared and certified by a professional engineer, See Attaohed e"hibil F COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundories of Collier County's utility service system, written notarized stotement sholl be provided agreeing to dedicate to Collier County Utilities the water distribution ond sewage collection facilities wahln the project area upon completion of the construction of these facilities in accordance with all opplicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contoin shall contoln an agreement to dedicate the appropriate utility easements for serving the water and sewer sys-tems. STATEMEI-.JT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre.application meeting, if the project is to receive sewer or I)otable woter services horn any provider otl,el' than the County, a statement from that provider indicating thot there is odequate capacity to serve the proiect shall be provided. APPUCATION FOR PUBLIC HEARJNG fOR CONomONAl USf - 4/14/03. re~ ~/20/2005 Agenda Item No, 7A February 10, 2009 Page 18 of 78 (i) AFF!DA'\fCT We/I, Jack Antaramian being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is ,he sub;ect matter of the proposed hearing; that all the answers to the quesfjons in this application, including the disclosure of inlerest information, al/ sketches, data, ane! othar supplementary matter attached to and made a purt of this application, ore honest and true to the best of our knowledge and belief. We/I understand that the information requested on this applicatir:m must be complete and accurate and that the con lent of this form, whether computer generated or County printed sholl not be altered, Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted, As property owner We/I further authorize Clav Brooker, Esq. '0 oct os our/my representative in any matters regar ing this Petition, Signature of Property Owner Jock Anfaramian Typed or Printed Name of Owner Tvped or Printed Nome of Owner The foregoing ins!'rument was acknowledged before me 1I,;s r dol' of [).i$';("";""'~ 20tlb, by Jack Anfaromicm who is personally known to_me or has produced as iden tificotion. Sfal-e of Florida County of Collier 0&'--- (Slg loture of Nofa!"y Public. Sf'ote of Florida) ~ .~ ~ PE11:A S, CAAADU f)'- MY COMMrSSIDr~, Oil 46553Q "'~~~; Au9USIE7, ED'" CIb~Pw~~Ufld6nw11111i ~h-((~ (Pint, Type, or Stomp Commissioned Name of Notary Public) APPUCAT/ON FOR PUBUC HEI,RING FOR CONOITIONAt USE - 4/14/03, rev 5/20/2005 Agenda Item NO.7 A February 10. 2009 Page 19 of 78 KEEWAYDIN ISLAND NAPLES BAY RESORT BEACH SHELTER Condttional Use Appiication Exhibit A Legal Descript~on The North 89.3 feet of Government Lot 2, Section 14, Towllship 51 South, Range 25 East, Collier County, Florpda (measured at a 90 degree angle to the north line of said Government Lot 2, said north line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Collier County, F!orida). Also The South 89.3 feet of the North 178,6 feet or Government Lot 2, Section 14, Township 51 South, Range 25 East, Comer County, Florida (measured at a 90 degree angle to the north line of said Government Lot 2, said north line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Col~ier County, Florida). Agenda Item NO.7 A February 10. 2009 Page 20 of 78 .~ KEEWAYDIN tSLAND NAPLES BAY RESORT BEACH SHELTER Conditional Use Application Exhib1t B General Location Map (See Next Page) ~ <l:OO ....0 ,0 ON Z - E;::: OJ'" =:(:u (1)::) ,,~ C.D OJ'" O)LL <l: ~ i o .J u.. lL o W l- t( ~~ I ro ,0.. ~ .I~ , - z Its , I- i> \ I ~ ~ '" 0 f,~ h -~.= ~_..,-~,-_=............ ". . ~C(. ;:: 1 ~ II ~ ~ ~ m. mill ~'" ~~ ..., it wU ~! g..ft 0" -,!'l .. ..~ d ;~ ~~ ~l; ~i!i "'~ ~b li!'" ..Ii! <:Ii!! i!j" ~\m ~ ~ ~ ~F~ 59 ;d 66 ~ Z :l o U f! W .... ..J ..J 18 "1 z..'~ i>: iz it" . ~ iI << q ~: 0 ~ U ~ ~ . I ~ u ~ I ~il!n IUd D u ~ ltJ ~ W ~ w ::r: Ill) ~ ~ !lllI Z ,_ 9 ~r 0' ~ ~ >- t: ~ tD:l ton IfJ) W 0=11 it:I. <( Z .b!)NN ..s.13 '" '" 1i~i~ .$Is ~~ '" i1-~ ii5~~ <.~~~ ~ &l:7- cI<l "ill ~d:d-<S;' (jJ" a. rg'~ j] [-1~ ~"'" ~ _ .\:: E Ie II i l, _,_ ~tJ Agenda Item No. 7A February 10, 2009 Page 22 of 78 KEEWAYDIN iSLAND NAPLES BAY RESORT BEACH SHELTER Conditional Use Application Exhibit C Narrative DesciipUon of Request for Condrt~o'nal Use The proposal is a passive recreational and educational beach shelter to be constructed on two lots (4.32 acres) on Keewaydin Island, The shelter, which will include an elevated, screened and covered pavilion with restrooms, will serve as an amenity to, and provide beach access for, members (and their guests) of the Club at Naples Bay Resort. Access to the property will be by Club-owned vessel only (via the Intercoastal Waterway on the east) from the Naples Bay Resort marina. An approved dock exists on the east side of the property, providing mooring for the Club-owned vessel. After arrival at the dock, an elevated boardwalk will provide pedestrian access to the proposed shelter and out to the beach, The proposed shelter, which will have a total footprint area of approximately 816 square feet, is located as far "landward" (east) as possible without impacting the mangrove community on the eastern side of the property. This location is designed to avoid interference with the dune area adjacent to the Gulf of Mexico and the natural function of the Keewaydin Coastal Barrier Island System, while respecting the mangrove community to the east. Native vegetation will be preserved and/or restored outside of the development construction area. More than 95% of the native vegetation on site will be preserved, In addition, a conservation easement will be placed on all lands outside the shelter footprint, the cistern, the drain field, the boardwalk and the beach. Nearly 90% of the property will be placed under conservation easement. The petitioner has worked exhaustively with the State of Florida DEP / Rookery Bay National Estuarine Research Reserve to develop an Operations Manual to ensure that the project is compatible with the sensitive environment of I<eewaydin Island and the managed conservation areas adjacent to the subject site, A copy of the Operations Manual (which is an exllibit to a Declaration of Covenants, Conditions and Restrictions, and an Agreement with the DEP) is attached to the Conditional Use application as Exhibit E. By way of example, these documents limit the number of visitors to the property to 20 at any given time. The shelter will be available for use from dawn to dusk and will be unlocked/opened only when Club members (and their guests) are transported to the property via Club-owned vessel. At all other times (including nighttime), the shelter will be closed and locked, The petitioner has agreed to never request an expansion of the shelter footprint, except to comply with local, state or federal law. Finally, special events are prohibited. Please see Exhibit E for more details, The DEP /I'<.ookery Bay l\lational Estuarine Research Reserve supports this petition. Agenda Item NO.7 A February 10. 2009 Page 23 of 78 KEEWAYDIN [SLAND NAPLES BAY RESORT BEACH SHELTER Conditiol'lat Use AppHcation Exhibit [) -- ConsrsteUlcy with GMP and LDC Growth Manaoement Plan The proposal is consistent with the County's Growth Management Plan, Pursuant to the Future Land Use Map, the subject property is designated "Conservation." As stated in the Future Land Use Element, this designation accommodates "limited residential development and future non-residential uses" and specifically authorizes a number of permitted uses, including recreational camps, conservation uses, passive parks, other passive recreational uses, and the essential services necessary to serve these permitted uses (e,g., septic tanks), Consistency with the objectives and policies of the Conservation and Coastal Management Element is fully addressed in the Environmental Impact Statement submitted with this Conditional Use application. Land Development Code The proposal will comply with all applicable provisions of the LDC. The property is zoned Agriculture with a "Special Treatment" overlay. The Agriculture zoning district permits recreational facilities as a conditional use, lDC section 2.04.03, Table 2 (old LOC section 2.2.2,3.23 -- "cultural, educational, Dr recreational facilities and their I'elated modes of transporting participants, viewers or patrons where applicable...."). The ST overlay district permits conditional uses of the underlying zoning district. LDC section 2.04.03, Table 2, fn1. The petitioner will cOlllply with all procedural requirements related to conditional use approval and the ST overlay district. LDC section 3.03.07(D) designates I<eewaydin Island as an "undeveloped coastal barrier." Accordingly, filling and excavation are generally prohibited, as well as construction of bridges, causeways, paved roads, cOlllmerciallllarinas and shore hardening structures. LDC sections 3,03.07(B) and (C), The proposal is consistent with these provisions, The proposed passive recreational beach shelter has been located landward of the Coastal Construction Setback Line, Therefore, no variance pursuant to LDC section 9,04,06 is required. Likewise, no CCSL variance will be required for the dune walkover due to compliance with the criteria of lDC section 10,02.06(H)(1), Agenda Item NO.7 A February 10, 2009 Page 24 of 78 KEEWAYDIN iSLAND NAPLES BAY RESORT' BEACH SHELTER Conditional Use Application ElChibit F - Narrative Description of Wastewater System Sewage shall be treated by an onsite aerobic wastewater system which introduces air into the wastewater, The oxygen, which is dissolved in the water, provides an environment conducive to the growth of aerobic bacteria, which consume the organic materials, Wastewater Calculations Occupancy: 20 Persons Minimum Case Scenario: Park-Bathhouse & Shower -- 10 GPO Avg Daily Flow (FAC. 64E-6) 10 GPD per Person 10 GPD x 20 Persons = 200 GPD Average Hourly Flow = 200/24 = 8.3 GPH Peak Hourly Flow = 8.3 GPH x 3 = 25 GPH Max. Probable Wastewater = 25 GPH x 12 Hrs (Dawn to Dusk) = 300 GPD Maximum Case Scenario: Country Club -- 25 GPO Avg Daily Flow (FAC. 64E"6) 25 GPD per Person 25 GPD x 20 Persons = 500 GPD Average Hourly Flow = 500/24 = 20.83 GPH Peak Hourly Flow = 20.83 GPH x 3 = 62.5 GPH Max, Probabie Wastewater = 62.5 GPH x 12 Hrs (Dawn to Dusk) = .,50 GPD Wash,water Treatment System (utilizing maximum case scenario) Aerobic Nayadic M-6A with 300 Gallon Pre-Treatment Tank I~ayadic System Designed For 500 GPD Aerobic Treatment Drain Field Calculations: 500/.9 = 556 Sq. Ft. Minimum Area Reduction Allowed For Aerobic System (25%): 556 - (556 x 0.25) = 417 Sq, Ft. Drainfieid To Be Designed with 24 EQ-24 Chambers Rated at 17.85 Sq, Ft per Chamber = 428 Sq. Ft. Actual DraIn Field Area = 11' J: 33' 8" = 370 Sq. Ft. SUlface Area The system sl1all be Inspected every tl1ree months, Pumping and filter cleaning shall be preformed on an annual basis by a licensed septic system disposai service. Agenda Item NO.7 A February 10, 2009 Page 25 of 78 CLEANOUT "'GCl::56 COVER WITH """-1. 4" ABOVE. SODDED l3r..oUt~D 5DDDE.:D -11""''''''""'' 't \ L..I:=~Q_ 24 II>JFlLT ~ CHAMBERS OUmT L 4" \VATER TIGHT d INVERT HE.AOER PIPE. ~ w ~ BOTTOM OF D'IV,\IifIELD lU ~ ~ m " m ", NATUR.AL GP..OUI>lD 500 GAL PRE-TREAtMENT END LOOP PIPE SEPflC SYSTEI-.1 CROSS 5ECflON I~OT TO 5CA(.~ I.lIflIlulnlIJIL\111IallJlll\11l11JIllI111^IIUlJlolul/l.\11l i.\llJlnllll^I,\lnllJli.\I/l.\IUJII~I^IIl.\IM"lu/lbl^II.\11J1o EO 24 CHAlvIBER5 _11... 15" 15" . ::.6" TRENCH 24" 5EPARA11014 G" :76"TRE'NCH 24" 5f-PARATlON - 36"TRENCH TYPICAL EQ-24 fNFfLrRATOR TRENCH LAYOUT NOT TO SCALE KEEWAYD!I\J BEACH SHELTER WP,STEWATER SYSTEM [ KUHLMAN ENGINEERING, iNC. 6017 PINE RIDGE ROAD, PlVLB 249 TE1.EPHONE (239) 774-5894 Agenda Item No. 7A February 10, 2009 Page 26 of 78 CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER USTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaining the project 2.0 ,/ Application (completed & signed) {download from website for 2.0 ,/ current form\ * Additional set if located in the Bayshore/Gateway Triangle 1 ,/ Redevelopment Areal Addressing Checklist siqned by Addressing 1 ...- Pre-Application meeting notes 2.0 ./ Conceptual Site Plan 24" X 36" plus (one 8 11, X 11 copy) 20 v' Copies of Warranty Deed(s) 2 ,/ Completed Owner/Agent Affidavits, Notarized 1 v Environmental Impact Statement (EIS), and digital/electronic ,,/ copy of EIS or exemption justification 4 - Aerial Photographs (taken within the previous 12 months) 5 ,/ Statement of utility provisions (with all required attachments 8, v sketches) 1 Traffic Impact Statement (TIS), or waivar 7 ./ Historical and Archeological Survey, or waiver 4 .,/ Copies of State and/or Federal Permits v Architectural Rendering of Proposed Structure(s) 4 ;/ Electronic copy of all documents and plans (CDROM or 1 /" Diskette) - Letter of no objection from the United States Postai Service. / Contact Robert M. Skebe at (239) 435-2122, 1 ~...../":,,......... ppficantlAgent Signature /C).-/- oc;, Date APP~ICAT10N fOR PUDLIC HEARING FOR CONDIT/ONAL USE - 4/1.4/03, rev 5/20/2005 Agenda Item NO.7 A February 10, 2009 Page 27 of 78 AFFil!)A Vil We/I, Jock Antaramian being first duly sworn, depose and soy that we/I am/ore the owners of the properly described herein and which Is Ihe sub;ecf matter of the proposed hearing; that all the answers to the queslions in this application, including {he disclosure of interest information, all sketches, data, and other supplemenfary matter at/ached to and made a pori of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this applicofion is deemed complete, and 011 required information has been submilted. As property owner We/I further authorize Clav Brooker, Esq. to act os our/my representative in any molters regar ing this Petition. Signature of Property Owner Jack Antaram.an Typed or Printed Nome of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~ day of ,;\:/?,V~. 20& by Jock Antoramian who!:. personally known to me or has produced as identification. State of Florida County of Co/ljer -- (Sig afure of N%ry Public - Stale of Florida) Pm-A S, CARROLL MY COMMISSION. 00 465630 , EXPIRES: Aug"m 2OII!l W1:l.::d 1t~ NotaIYF~bJIo ~dOMrltllTll /1" (P inl, Type, or Slamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/10/2005 AGEND~jjftSMIlMilNo. 7A February 10, 2009 Page 28 of 78 eo1n:T County - --- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 21, 2007 SUBJECT: PETITION CU-2006-AR- 10925, KEEW A YOIN ISLANQ NAPLES BAY RESORT BEACH SHELTER PROPERTY OWNER/AGENT: OWNER: Basil Street Partners, LLC 365 5th Avenue South Suite 201 Naples, FL 34102 REOUESTED ACTION: AGENT: Clay Brooker Cheffy, Passidomo, Wilson & Johnson,LLP 821 5th Avenue South, Suite 201 Naples, FL 34102 The petitioner requests approval of a Conditional Use, as specified in Section 2.04,03 of the Collier County Land Development Code (LDC), for a 2,925 square-foot passive recreational facility located in the Agricultural (A) and Special Treatment Overlay (ST) districts. GEOGRAPHIC LOCATION: The two subject parcels, totaling 4.32 acres, are located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East, Collier County, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use to permit a passive recreational facility that would provide private beach access to Keewaydin Island for members and guests of the Club at Naples Bay Resort, a collection of three properties under development in the City of Naples. As depicted in the Conceptual Site Plan on the following page, entitled "The Beach Shelter at Keewaydin Island," prepared by Dyehouse Comeriato Architect, the elevated, covered shelter would have an CU-2006.AR-10925 Page 1 of 12 ":(J)CO ,...or- a.. D_ ON 0 Z .'0') <( ON ... E~Ql (/l , . :?; "~Ol Z ::::roco 0 ",::on. U "O~ (!) C.D "Q) :J>LL Z ..: ... <JJ - -l Z 0 N I . "' '" ; '" 0 - . ci= a 0( , '" 0 0 '" . Z- ::0 ~~- I u - .. z 0 !:: ... w a. . , 0- I <( . ~ i :?; z 0 - g l- i <( .~ u " I 0 ....J i . "I 8 ; . , , . . ~ "HO ,...0"" ~O o .M (I) C' '" :t:::roO'l <1l "(LCO D~ en m'" ",LL ~ ..,::,-,,:,,;;".::..::;;:::::::. ::t\U/?(\ ."...;.:". :;,:;,:.:,;:. "':::.';.:;::'.-:' ".cc::.";:':': -.::,:::--:.:.:.:. .;. .:".:".':'::".':"; . :':~.;;:" _:'.'..-,:~" ;.:~ M ..:",;-: :::':'.'" "':<::::' .;:.... ........: "",.:". . .. ':~".'."" .:...,~,..:.,._;..,.: '"lei ..,.":.. ................. -::.:.:::_~::_~:,::(~~~~::./t;;;"'''' .- - I~ Ii . I ~ ;,.:;.-:::..... ..;:.' -:-,,::.:::' ....; ",,' -::.;:;) :.;..:__:c:<;"_:.~-_:' :,::,.-.,:.:.::<" CU-2006-AR-10925 Page 2 0112 Agenda Item NO.7 A February 10, 2009 Page 31 of 78 8 I 6 square-foot footprint and would provide open-air seating for a maximum of 20 people, including staff; two restrooms; a kiosk offering educational literature regarding the preservation of Keewaydin Island's coastal resources, approved by Rookery Bay National Estuarine Research Reserve (RBNERR); and an outdoor shower, Access from the Naples Bay Resort marina to the subject site would be via a private boat shuttle to an existing dock on the Rookery Bay Channel along the eastern boundary of the site, as depicted in the aerial photograph below. An existing boardwalk from the dock would be extended westward, providing elevated pedestrian access (24-36 inches above grade) to the shelter and to the beach on the Gulf side of the property. The beach "pavilion" previously proposed to the Collier County Planning Commission (CU- 2005-AR-7181) on July 20, 2006 provided for a 2,925 square-foot footprint and seating for a maximum of 56 people. (Additional changes since that proposal, among others described later in this report, include a prohibition on: the holding of special events, such as weddings and fundraisers; motorized vehicles for guest services; and the provision of chaise lounges and umbrellas for guests.) SURROUNDING LAND USE & ZONING: North: East: South: West: Unimproved RBNERR property, zoned Agricultural (A-ST) Rookery Bay Channel Unimproved State of Florida property, zoned Agricultural (A-ST) Gulf of Mexico ~ ,104 ',//'/' ..',/'/"",",,''''''',1'''' I' i''''' ,I ,I """ ,1",1"",1 """ I' 1''' ,I"""""" ,1",1" ''',.,1,.,. """""" ,I,.....",... "',1,1"" """..,1... 1'.."",.,1.. ,. ..',.//'..'..'>" ,.,1 ,I '/"/',/;~/ , 1,1 ''',I' ",.','; SUB.JECT PROPER QlU or WElCICO ZONING MAP GROWTH MANAGEMENT PLAN fGMP) CONSISTENCY: The subject property is designated Conservation, as identified on the Future Land Use Map of the Collier County Growth Management Plan. According to the Future Land Use Element, the overall purpose of this designation is to conserve and maintain the natural resources of the County and their associated environmental, recreational and economic benefits. Because of their GU.2006-AR-10925 Page 3 of 12 Agenda Item No. 7A February 10,2009 Page 32 of 78 AERIAL PHOTO OF SUBJECT PARCELS ~ .~ \ AERIAL PHOTO OF SITE AND SURROUNDING PROPERTIES GU-2006-AR-10925 Page 4 of 12 Agenda Item NO.7 A February 10, 2009 Page 33 of 78 ecological value and sensitivity to disturbance, all proposals for development in this designation are subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values of these areas (FLUE, 2000). In addition to limited residential development, the Conservation designation pennits recreational camps, passive parks, and other passive recreational uses together with the essential services necessary to serve these permitted uses, such as private wells and septic tanks. According to the Conservation and Coastal Management Element, Policy 10.3.12, for areas identified as Coastal Barrier systems, new developments or redevelopments should be in the form of a Planned Unit Development (PUD). However, staff, in consultation with the County Attorney's office, has detennined that due to the subject site's being less than 10 acres in size, the threshold for a PUD per the LDC, the Conditional Use process is the appropriate mechanism for this project. Based upon the above information, staff concludes the proposed Conditional Use may be deemed consistent with the Future Land Use Element. ANALYSIS: A Conditional Use is defined in the LDC as, "A use that, due to special circumstances, is not pennissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood." Per LDC Section 1O.07,02.D, before any Conditional Use can be recommended for approval to the Board of Zoning Appeals (BZA), the Planning Commission must make a finding that: 1) approval of the Conditional Use will not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use have been met by the petitioner; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan (GMP). As previousjy noted, the proposed passive recreational facility is deemed consistent with the purpose and intent of the Future Land Use Element of the GMP; and, as conditioned, the impacts of the development would not destroy or unacceptably degrade the inherent functional values of the site, as required of land designated as Conservation on the Future Land Use Map. Passive recreational facilities are permitted as a Conditional Use in the Agricultural (A) zoning district of the LDC. Additionally, the property is located within the Special Treatment Overlay (ST) area which, as defmed in Section 2.03.07,D.l of the LDC, provides for "the conservation, protection and preservation of ecological and recreational values for the greatest benefit to the people of the County." Clearing on the site for construction of the proposed shelter and boardwalk, if approved, would likely be significantly less than if single- family homes were constructed on the subject parcels as currcntly permitted by right. Moreover, the proposal insures the protection of the site's inherent ecological value, as over 95 percent of the native vegetation, or 4,12 acres, would be preserved or replaced; and 89 percent, or 3.86 acres of the entire 4,32-acre site, would be placed under a conservation easement in perpetuity (of this easement area, 0.43 acres would be dedicated to the County to GU.2006.AR.10925 Page 5 of 12 Agenda Item No. 7 A February 10, 2009 Page 34 of 78 satisfy the 10 percent requirement of Section 3.05.07.B.I of the LDC; and 3.43 acres would be dedicated to the Florida Department of Environmental Protection [FDEP]). Similarly, placing a restrictive covenant on the property-to significantly limit the number of users, hours of operation, permitted activities, noise, and lighting-----<:ontrols the use and mitigates its environmental impact, which would not be possible if the parcels were developed with single-family homes. Finally, the proposed use provides a unique recreational opportunity for a greater number of County residents than ifthe property were developed with single-family homes. As such, staff considers the proposal to also be consistent with both the Agricultural and Special Treatment zoning district requirements of the LDC. 2. Ingress and egress to the 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 and egress to the site is provided by a boat dock on the Rookery Bay Channel on the eastern side of the island. The extension of the existing boardwalk would provide internal pedestrian access linking both the eastern and western sides of the subject property with the proposed beach shelter. Emergency services in case of fire or catastrophe would be provided by the Isles of Capri Fire Control District, who have an estimated response time to the site of approximately five to six minutes by boat. 3, The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The petitioner has worked with the FDEP through RBNERR, both of whom support the petition, to create an "Operations Manual" in an attempt to ensure that the project is compatible with the sensitive ecology of Keewaydin Island. A copy of this Operations Manual and the Declaration of Covenants, Conditions and Restrictions, including the Agreement with FDEP and RBNERR, are attached to this report (see Exhibits A and B, respectively). According to the Agreement, the applicant consents "to strictly abide by the provisions of the Operations Manual and shall be held responsible for all violations of the Operations Manual committed by permitted Visitors, in accordance with the terms of [the] Agreement." It should be noted that the provisions of this private Agreement are not enforceable by Collier County. As with all covenants and private restrictions, violations with the prescribed terms are subject to civil action. However, Collier County can enforce the development conditions recommended by staff, if approved, which have been attached to the Resolution as Exhibit D and incorporated below under the "Staff Recommendations" portion of this report. As outlined in the development conditions, staff recommends that noise on the property shall not exceed 65 decibels at the boundaries of the property, and will otherwise comply with the County's Noise Control Ordinance. Users of the facility will only be permitted to arrive to the site by the applicant's designated shuttle (private boats, jet-skis and other vessels will be forbidden), and no more than 20 people, including resort staff, will be permitted on-site at any given time. Although no lighting is being proposed with this applicatjon, if it is determined to be necessary for security reasons, only low-level, directional lighting that complies with sea turtle regulations approved by the Rookery Bay Reserve manager will be installed, subject to review and approval by County Environmental Services staff. All food, CU.2006-AR-10925 Page 6 of 12 Agenda Item NO.7 A February 10, 2009 Page 35 of 78 beverages and trash will be removed from the beach shelter on a daily basis, and the facility's staff will clean up any litter on the beach up to 100 yards beyond the property boundaries in both northern and southern directions. Further mitigating potential impacts of the proposed use on neighboring properties is the site's location abutting vacant Agricultural-zoned properties owned by the State; and the fact that the proposed shelter would be approximately 1000 feet from the nearest neighboring structure. Consequently, the project would have a minimal effect on neighboring properties in terms of noise, glare, economics or odor. The Agreement between the applicant and FDEPIRBNERR permits unlimited access to the property by RBNERR to monitor the site to insure that visitors' activities are in compliance with the Agreement's provisions. A procedure for documenting, rectifying and disputing violations, including a minimum fme of $500 and a maximum fine of $1000 for repeat violations, has also been established. (It should be noted that these fmes are independent of and in addition to any penalties exacted by County Code Enforcement for violations of County regulations.) However, according to Provision #11 of the Agreement, if a persistent record of violations occurs within a prescribed time frame, FDEPIRBNERR may "recommend that Collier County revoke Basil Street Partners' conditional use permit for the Property." Unfortunately, if approved, a Conditional Use would run with the land and could not be revoked by the County, as the LDC provides no mechanism for such a revocation. To address this issue, staff recommends that approval of the Conditional Use be instead subject to a sunset provision, whereby the Conditional Use would expire after a period of two (2) years, at which point the Conditional Use could be reviewed and reevaluated. If ultimately renewed by the Board of County Commissioners after this two-year period, the Conditional Use be extended for another five years, with recurring sunsets automatically scheduled every five years thereafter unless no violations on the site are reported (see development condition 14). 4, Compatibility with adjacent properties and other property in the district. The Conservation designation of the FLUE, of which the surrounding properties are also part, is intended for recreational camps, passive parks, and other such passive recreational uses, in addition to limited residential development. As noted above, the subject property is bordered by undeveloped property owned by the State, zoned A-ST, and is approximately 1000 feet north of the nearest neighboring structure. The proposed beach shelter would be further buffered from the surrounding properties by dense on-site vegetation, 95 percent of which would be native; and almost 90 percent of which would be placed under conservation easements in perpetuity. Therefore, the proposed use would be compatible with the surrounding uses and, as conditioned, its impact on adjacent properties and other property in the district would be negligible. EAC RECOMMENDATION: The Environmental Advisory Council heard this petition on May 7, 2007 and unanimously recommended denial (9-0) based upon concern for the impacts on Keewaydin Island and the precedent such an approval would set for future beach facility projects. The Council noted particular concern regarding the ability of the beach shelter's staff to effectively enforce the facility's proposed maximum capacity of 20 people at anyone time (and the ability of County Code Enforcement and Rookery Bay to monitor it); the negative impact of private boats, trash CU-2006-AR.10925 Page 7 of 12 Agenda Item No. 7A February 10, 2009 Page 36 of 78 and humans on the beach, dunes and mangroves; and failure of the project to be "for the greatest benefit to the people of the County," per the requirements of the Special Treatment Overlay of the LDC. NEIGHBORHOOD INFORMATION MEETING (NIM) (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator): The applicant held the required meeting on March 19,2007 at 5;30 p.m. at the Norris Center, Cambier Park. Twelve persons were in attendance in addition to the applicant's team, County staff and local media. Mr. Clay Brooker, agent for the applicant, outlined changes to the petition since the first NIM for the project was held on July 20, 2005. These changes included: · Preservation of over 90 percent of existing, native vegetation in an area to be covered with a permanent conservation easement; · An agreement with the FDEP/Rookery Bay to forbid future expansion; . No AlC, kitchen, or refrigerator on the site; · Only one outdoor pedestal shower rather than individual showers in the restrooms; · Closure of the shelter at dusk, eliminating the need for lighting (unless necessitated for security reasons); · Water to be collected by a rainwater cistern, with potable water transported as needed; . Aerobic septic tank system utilized; . Construction of the facility outside of turtle nesting season; · Usage of the facility offered on a first-come, first-served reservation basis with a maximum of20 persons, including staff, allowed at anyone time; · Access via a club-owned vessel, with no private vessels to be allowed; . Shelter to be locked with gates at both ends of the dock from dusk to dawn; · Alcohol not be permitted beyond the boundaries of the site; . No pets allowed; · Garbage to be removed daily, including litter clean up by facility staff, up to 100 yards beyond the property boundaries in both northern and southern directions along the beach; . The enforcement of a restrictive covenant by the FDEP, Rookery Bay and Collier County; . Discussions under way with Rookery Bay for a full-time ranger to police the site; and . A 4-foot wide boardwalk with a ramp for handicap access to be provided. A member of the audience questioned the need for the structure at all, instead suggesting that the developer use the transport vessel as shelter, and run the shuttle on a pre-determined schedule. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward petition CU-2006-AR- 10925 to the Board of Zoning Appeals with a recommendation of approval, subject to the following conditions: J. The use is limited to that depicted on the conceptual site plan identified as "The Beach Shelter at Keewaydin Island," prepared by Dyehouse Comeriato Architect, and date stamped December 7, 2006, except as further conditioned below. CU-2006-AR-10926 Page 8 of 12 Agenda Item NO.7 A February 10,2009 Page 37 of 78 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Site Development Plan, 3. A permanent conservation easement dedicated to the County will be required over the 0.43- acre area preserve within 90 days of SDP approval or prior to CO of the building, whichever comes frrst. 4. Site Development Plans shall depict a staging area for the construction equipment and the impacts to the area along with replanting/re-vegetation plans. 5. If lighting is required for security reasons, only low-level, directional lighting that complies with sea turtle regulations approved by the Rookery Bay Reserve manager will be used, subject to review and approval by County Environmental Services staff. 6. Users of the beach shelter property shall arrive by the applicant's designated boat shuttle only. 7. No more than 20 people, including at least one resort staff, shall be on-site at anyone time. 8. Noise on the property shall not exceed 65 decibels at the boundaries of the property, and shall otherwise comply with the County's Noise Control Ordinance. 9. The beach shelter shall remain closed between dusk and dawn. 10. All food, beverages and trash shall be removed from the beach shelter at dusk, and facility staff shall clean up any litter on the beach up to 100 yards beyond the property boundaries in both northern and southern directions. 11. The Conditional Use shall expire three years from the date of the approval if no development is commenced; however, Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 12. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan (SDP) process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 13. The Department of Zoning and Land Development Review Director may approve minor changes in the location, site layout or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of the application, shall require the submittal of a new Conditional Use application, and shall CU.2006.AR.10925 Page 9 of 12 Agenda Item No. 7A February 10, 2009 Page 38 of 78 comply with all applicable County Ordinances in effect at the time of submittal, including section lO.02,03B.3. of the Collier County Land Development Code. 14. The Conditional Use shall expire two years from the issuance of the CO, unless during this two-year term there have been (I) no violations of any of these Conditions, and (2) no findings by any court or tribunal (including the Collier County Code Enforcement Board or Special Magistrate) of any Collier County Code Violation arising from the subject parcels. If no such violations have occurred, then this Conditional Use will automatically renew for a five-year term every five years thereafter. Should any such violation occur during these five- year terms, the automatic renewal will automatically terminate, and the Owner will need to petition the Board of Zoning Appeals for any further renewal. CU-2006-AR-10925 Page 10 of 12 r.- Agenda Item No.7 A February 10, 2009 Page 39 of 78 PREPARED BY: k &)zr:) 07 ~ATE L JO -DAVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ZKOW UNTY ATTORNEY e; l~L7 ;(~ .C-JZJ. ,Ii RA YM V. BELLOWS, ZONING MANAGER DEPAR ENT OF ZONING AND LAND DEVELOPMENT REVIEW 6 c I- 07 DATE ~vn./~ /SUSAN MURRA Y-ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW h~ ,//07 DATE APPROVED BY: S PH K. SCH I , ADMINISTRATOR UNITY DEVELOPMENT & IRONMENTAL SERVICES DIVISION ~~'f~? , IDATE Petition CU-2006-AR-I0925 Tentatively sc,hedry for e September 25, 2007 Board of County Commissioners Meeting. !\; l ~ 0- "2..-'07 MARK P. STRAIN, CHAIRMAN DATE CU-2006-AR-10925 Page 11 of12 Attaclunents: Exhibit A - Operations Manual Exhibit B - Declaration of Covenants, Conditions and Restrictions CU-2006-AR-10925 Page 12 of 12 Agenda Item NO.7 A February 10, 2009 Page 40 of 78 Agenda Item NO.7 A February 10, 2009 Page 41 of 78 RESOLUTION 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN THE AGRICULTURE (A) ZONING DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY TO ALLOW RECREATIONAL FACILITIES PURSUANT TO SECTION 2.03.0I.A.c.20 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR PROPERTY LOCATED ON KEEWAYDlN ISLAND IN SECTION 14, TOWNSHIP 51 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 con fen-cd on Collicr County the powcr to establish, coordinate and cnforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adoptcd a Land Developmcnt Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted plmming 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 a Conditional Use to provide a passive recrcational facility pursuant to Section 2,04.03 of the Collier County Land Development Code in an Agriculture (A) Zoning District on property hereinafter described, and the Collicr County Planning Commission has found as a matter of fact (Exhibit "A") that sati sfactory provision and arrangement have been made concerning all applicable matters requircd by said regulations and in accordance with Subsection 10.08.00.0 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by tillS Board in a public meeting assembled and the Board having considered all matters presented. Page 1 of3 Agenda Item No. 7 A February 10, 2009 Page 42 of 78 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that; The petition filed by Clay Brooker, Esg" of Cheffy, Passidomo, Wilson & Johnson for Basil Street Partners, LLC, representing with respect to the property described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same is hereby approved for a Conditional Use pursuant to Section 2.04.03 of the Collier County Land Development Code, for a passive recreational facility in the Agriculture (A) Zoning District in accordance with the Conceptual Master Plan (Exhibit "C"), subject to the conditions set forth in Exhibit "D," which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of tins Board, This Resolution adopted after motion, second and majority vote, Done this day of ,2009. ATTEST; DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK By: ____ ____ DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency; ~7.W~ Steven T. Williams "f.., Assistant County Attorney Page 2 oD Attachments: Agenda Item NO.7 A February 10, 2009 Page 43 of 78 Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C; Conditional Use Conceptual Site Plan Exhibit D: Conditions of Approval Page 3 of3 Agenda Item No. 7 A February 10, 2009 Page 44 of 78 ( FINDING OF FACT , '. BY , . COLLIER COUN1'Y PLANNING COMMISSION FOR A CONDITIONAL USE P~TITlON FOR CU-2005-AR-I0925 The following facts are found: 1 ; /,: . - . , , , . , , . . . . , , Section 2,04.03, Table 2" of the Land Development, Code authorized the conditional f) oC Ie L~ <~ klQ T C(, f.J {!,'VI"-~ C:>-, Jf,",,:e. -Po ('<1. U '-''''v\.tl LOry, AS ~\J eel 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. C~nsistency witli the LalldDevel6pmeni Cod<< and Gro~b Management Plan; Yes_No1 B,. lngressand egress to pl'Opelty and proposed stlUctures thereon with particular reference'to automotive and pedestrian safety' and convenience, traffic flow and control, and access in ca~e of fire or catastrophe: ' . , , Adequate ingress & egress Yes_NOL' C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ' , ----.:~ Noaffect or _Affeclmitigated by _ Amict cannot be mitigated \.~ ,~ \0~",,-'~-V~ 'J'\ le~;) 11\1,~")'L_ , ' ' ' 1 D. Compatibility with adjaccnt properties and other property in the district: Compatible use withindistl"ict Yes No..L , , Based on the above finclirigs, this condirlomil use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, ,DATE: 1./)0orr CHAIRMAN: (/It Ctcf~f~~." EXHIBIT A Agenda Item No.7 A February 10, 2009 Page 45 of 78 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR , A CONDITIONAL USE PETITION CU-2005-AR-I0925 The following facts are found: " , 1. Section 2,04,03, Table 2, of the Land Development Code authorizcd the conditional use, 2. Granting thc 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 t6 property and proposed' structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acce~s in case of fIre or catastrophe;' Adequate ingress & cgress Yes~_ No_' C, Affects neighboring' properties in relation to noise, glare, economic or odor effects; , _No affect or ~ Affect mitigated by __ Affect cannot be nutigated 41 C"'Ar<?1 n vwf D, Compatibility with adjacent propcrties and othcr property in the distdct: Compatible usc within district Yes \I No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE; f./J';;'7 MEMBER: .?;:~ EXHIBIT A Agenda Item No, 7 A , February 10, 2009 " Page 46 of 78 , FINDING OF,FACT BY COLLiER COUNTY PLANNING COMMISSION, FOR,' , , , A CONDITIONAL USE PETITION CU-2005'AR.l0925 , The foll.owing facts are f.ound: ' . . . . ' " . , 1. Section 2.04.03, Table 2, of the Land Development' Code auth.orized the conditional use, 2, . Granting the c.onditional use Will not adversely affect the':public interest and will not adversely affect ether property .or uses in ihe, same district .or.neighb.orh.o.odbecause ~ . ,." , , . , . A. C.onsistency with the Land Devel.opmeni CD de and Growth Management Plan: Yes:4- N.o'_." " . , . " B. Ingress and egrcss t.o property and proposed structures thereon with particular reference to aut.omotive and. pedestrian safcty, and' convenience; traffic flow and control, and acce~s in case.of fire ..or catastrophe:' , ' Adequate ingress & egress Yes~ N.o_" , C. Affects neighboring properties in relati.on to noise, &lare, economic or odor effects: ' , ~ No affcct' Dr --'--- Affect mitigated by ~ Affectcatlll.ot be mitigated D. C.ompatibility with adjacent jJl'operties and .other propelty in the district: , Compatible use within district , Yes~ No-, . '.. ' , Based 011 the abDve findings, this conditional use sh.ould, with stipulati9n , (c recommended f.or appreval t.o the Board .of Zoning Appeals., ,/ ~ - DATE: ?~/ ,f'-cY/ EXHIBIT A '----.. Agenda Item No, 7A Feqruary 10,2009 , Page 47 of 78 FINDING OF FACT BY COLLIEH. COUNTY PLANNING COMMISSION .' 'FOR., , " "". " A CONDITIONAL USE PETITION CU-2005-AR-I0925 , .The following facts arc found: 1. Section 2,04,03, Table 2, of the Lalld 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 ~ame district or neighborhood because of: ' , A. 'Consistency with the Land Development Code and Growth Management Plan: Yes,--- NO-A-' B, Ingress and egress to property and proposed' structures thereon with patticular reference to automotiVe and, pedestrian, safety, and' convenience, traffic flow and control, and access in case of fire or catastrophe:' . ' Adequate ingress & egress Yes NoY C, Affects neighboring' propeliies in relation to noise, glare, economic or odor effects:' ' No affect or --'---- Affect mitigated by -p- Affect calmot be mitigated D, Compatibility with adjacent properties and other property in the district: , Compatible use within district Yes~_ NoL Based on tlie above findings, this conditional use should, with stipulations, (copy attached) be ' reconmlended for approval to the Board of Zoning Appeals. DATE; 7-/Q-o/ MEMBEC~.<::=, / EXHIBIT A Agenda Item No.7 A February 10, 2009 Page 48 of 78 FINDING OF FACT BY COLLIER COUNTY PLANNING, COMMISSION, , . ,FOR' , , ' . A CONDITIONAL USE PETITION CU-2005cAR-I0925 , ,The following facts are found: . . . .' . ~ .' . .' I. Section 2.04,03, Table 2, 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, Consistcncy with the Land Development Code and Growth Management Plan; No /' Yes ',' B. Ingress <md egress to propel1y 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 caiastrophe: ' ' Adequate ingress & egress No '~',,' Yes C. Affects neighboringpropel1ies in relation to llOise, glare, economic or odor effects: ' , -'-_ No ~ct or -'-- Affect mitigated by " Affectcmmot be mitigated D. Compatibility with adjacent l'roperties and other property in the district: Compatible use within district ,No~ Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Bam'd of Zoning Appeals, DATE: 1/t 1 !tr7 I I MEMBER: it-n/1.t:~~ed. {ltVUh~ EXHIBIT A Agenda Item No. 7 A . February 10, 2009 . Page 49 of 78 FINDING OFFACT BY COLLIER COUNTY.PLANNING COMMISSION . .' . FOR .... .' .... , A CONDITIONAL USE PETITION CU-2005'AR-I0925 . The following facts are found: 1. Section 2.04.03, Table 2, 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 J . . . ..' . ,- ., . . -- B, Ingress a,nd egress tci property and proposed' structures thereon with particular reference to automotive and pedestrian safety and' convenience, traffic flow and conttol, ,and access in ease of fire 0.1' catastrophe:' . . Adequate ingress & egress Yes No ~. C. Affects neighboring' propelties in relation to noise, glare, economic or odor effects; . . _ No amict or _ Affe~t ,mitigated by ~AffectcantJ.ot be mltrgated D. Compatibility with adjacent proper~ies and other property in the district: Compatible use within district Yes NoV, Based on the above findings, this conditional use should, with stipulations, (copy attached) be . recommended for approval to the Board of Zoning Appeals. DATE:~ J." I ~ 7 MEMBER: ".~~ .". .~ EXHIBIT A Agenda Item NO.7 A February 10, 2009 , Page 50 of 78 FINDING OF FACT BY COLLiER COUNTYPLANNING, COMMISSION ,FOR., ", A CONDITIONAL USE PETITION CU-2005cAR-I0925 , The following facts are found: , 1. Section 2.04.03, Table 2, 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 01' uses in the same district orneighborhoodbecause of: ' , . , A. Consistency with the Land Development Code and Growth Management Plan; . I " YcsA No_. ',' B. ' Ingress ~nd 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 ,01' catastrophe: ' , ' Adequate ingress & egress Yesi No_ C, Affects neighboring' properties in relation to noise, glare, economic or odor effects: ' , No affect or L Affect mitigated by (ti\)r)\H:;~)'" ' _ Affect camiot be mi tigated D. Compatibility with adjacent ~roper,ties and other property in the district: Compatible use within district , Yes~. No---, ',j ,// 1/ 1/ i. pulations, (copy attached) be ' , " , Based on the above findings, this condiiional use should, with s , , recommended for approval to the Board of Zoning Appeals. DATE: :JL')lj\<: n ?cr)) MEMBER: 'i ,r---' EXHIBIT A Aaenda Item No.7 A February 10, 2009 Page 51 of 78 FINDING OF FACT BY , COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE P~TITION FOR CU-2005-AR-I0925 The following facts are found: . .... . , ' , , . - .. , , 1. Scction 2,04,03, Table 2, of the Limd Development Code authorized the conditional use. 2. Granting the conditional uie will not adversely affect thepubtic interest and will not adversely affcct other propelty or uses in the same district 01' neighborhood because of; . . .' . . . . . " , . ..' , , A, Consistency with the Lmid Development Code and Growth Manage~ent Plan: Yes 'No--L , , B. Ingress and egress to property and proposed structures thereon with particular refcrence to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire 01' catastrophe: Adequate ingress & egress Yes ~ No . ' C, Affects neighboring pl'Opelties in relation to noise, glare,' economic 01' odor effects; , ~o affect or ~ Affectmitigated by .__ Affect cmmot be mitigated D: Compatibility with adjacent propeltiesand other property in the district; Compatibieuse within distric/ Yes No V .."... .' .... .. .;. . , Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. , , ~, t'411RMM\',MeNr:','M,' ,~,~ DATE: 1- /1- 07, ~\Y" bJ-.L4-- EXHIBIT A Agenda Item No. 7A February 10, 2009 Page 52 of 78 ( FINDING OF FACT BY COLLIEI~ COUNTY,PLANNING COMMISSION ",FOR" ", A CONDITIONAL USE PETITION CU-2005~AR-I0925 , The following facts are fOUlld: ' 1. Section 2.04,03, Table 2, of the Land Development' Code authoriz~d 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 ~', " A. ' Consistency with the Lan~opment Code and Growth Manageme~t Plan: Yes No' , , , , , . B, Ingress l\nd egress to property and pr~posed' stiu~tUl'es thereon with pmticular refercnce to automotive and pedestrian, safcty and' conveniencc, traffic flow and contl"ol, and access in case of fire or catastrophe:' . ',' , Adequate ingress & egress I , Yes No V. ' " , C. Affects neighboring' propelties in relation to noise, glare, economic or odor effects; , , ' _ No ar~ 01'_ Affectmitigated by ~~}fectcallliot be mitigated , , , , " , D. Compatib,ility with adjacent proper,ti~s and other property in tile district, , Comp~tible use within disl1j!t' '. Ycs No /, , , , , , Based on tile above findings, this conditional use should, wi recommended for approval to the Board of Zoning Appeals. DATE: 110 MEMBER: s, (copy attached) be ' EXHIBIT A . Agenda Item NO.7 A February 10,2009 Page 53 o! 78 Le9~ltJ~~cripti9" . . . . . . Th~Northfl9..3 f~('jt QfG01t9mm,mfl.;ot2.. Section 14, toWnship51$Q4th,,!,al1!]e 2~ . East, Coiner' Couilty,f(,?ri,g~(i~f'a$u,re~!~n~~q'~~gt~~;~~,~letliifha'\lortb,!lna' 9fS:f!i{i' Gove.rmneryt'Lot.2,..salg. )1orotl1lin~~aJ59De'lngtne'C"omiriGI1II ne$ep~r~ting $e.ctigli$i '11 ..nd tit; TQ\I'{I1<'ihip5.1$Ql,ltl:i,R"at\"ga.25Ea~t~cgir!~C;plJn{YJFI9tlda}; ... . . .' .. " ".' : ,,--.. ,". ,'" -. ...... "-'..,', "., Als(l . . , . . . . .' . . . . . .' .. TheSol.!tI):89.3f~el ,of tneNo.rtht7.8:6, fMl,of.\:;l?v.er~m~nt.!..ot 2;.S9ctiOn 14; ToW!lshlp51!s()l,ltlt, ~ahge 25Ea~t, 66llier Oeor((ylflQri~aJI11~~s.~redat'~90 degree <ll1gIe totl:1;$t!orth rin~of.sa ld9'Qv'emmentL!),(2'S1!iel DPr!h,Hl1E1als o being tl,a, Cdll1TnOl.lnnSSSparafing Sectib.n$-11 i!nd 14, Ti?wnsl1iP ,Iii;! SO\lth, Rahge:25 EIlS~i~ QQ!Uei'Coi,lhW,FI6r!aaIL .. ..... . EXHIBIT B <to"" 1'-01'- o~ -~o ... -'" ijj >, <D _~Ol -roro CU ::;0.. -o~ ,,-'" ill (J) OlLL <t :) 1181HX3 .....'... , . , . '- ~ J C I t . ~ ~ Alt. lI'_y . .. 0" n ~~ .~ ~. ~ ~ Olio'll ."IIB' ....-.. R, ::: _ A '":" . Agenda Item No. 7 A February 10, 2009 Page 55 of 78 EXHIBIT D CONOITIONS 011 AffROV AL CU-2006-AR-I0925 August 28, 2008 1. The use is limited to that depicted on the conceptual site plan identified as "The Beach Shelter at Keewaydin Island" prepared by Dyehouse Comeriato Architect, and date stamped December 7, 2006, except as further conditioned below. 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and arl approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Site Development Plan. 3. Permanent conservation easements dedicated to the County will be required over the 0.43-acre area preserve within 90 days of SOP approval or prior to CO of the building, whichever comes first. 4. Site Development Plans shall depict a staging area for the construction equipment and the impacts to the area along with replanting/re-vegetation plans. 5. If lighting is required for security reasons, only low-levcl, directional lighting that complics with sea turtle regulations approved by the Rookery Bay Reserve manager will be used, subject to review and approval by County Environmental Services staff. 6. Users of the beach shelter property shall arrive by the applicarlt's designated boat shuttle only. 7, No more than 20 people, induding at least one resort staff, shall be on-site at any one time. 8, Noise on the property shall not exceed 55 decibels at the boundaries of the property, and shan otherwise comply with the County's Noise Control Ordinance. 9, The beach shelter shan remain closed between dusk and dawn. 10. All food, beverages and trash shall be removed from the beach shelter at dusk, and facility staff shall clean up any litter on the beach up to 100 yards beyond the property boundaries in both northern and southern directions. 11. At the time of SDp approval, the applicant shall provide evidence that an Environmental Resource Permit, pursuant to Patt IV, Chapter 373, Florida Statutcs, and an authorization to use State-owncd submerged lands to change the Agenda Item NO.7 A February 10, 2009 Page 56 of 78 use of the previously permitted dock on the subject property, have been approved by the Florida Department of Environmental Protection, 12, Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as patt of the Site Development Plan (SOP) process. No variances from any LDC requirements have been granted as part of the aceeptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into complianee prior to the issuance of any site development plan approval. 13. The Department of Zoning and Land Development Review Director may approve minor changes in the location, site layout or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of the application, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including section 10.02.03BJ. of the Collicr County Land Development Code, 14. The Conditional Use shall be required (0 go before the Board of Zoning Appeals (BZA) for review every three years from the issuance of the CO, unless during any such three-year term there have been (1) no violations of any of these Conditions, and (2) no findings by any COlllt or tribunal (including the Collier County Code Enforcement Board or Speeial Magistrate) of any Collier County Code Violation arising from the subjeet parcels. If such violations have occurred, and a hearing before the BZA is triggered, the BZA shall review thc violation(s) and determine what revisions to these eonditions may be warranted, if any; or whether to revoke the Conditional Use should a record of persistent or signifieant violations exist. Such a hearing will be conducted by the BZA in the same general manner set forth in LDC Section 10.08.00, except that the matter will go directly to the BZA and will not be reviewed by the Planning Commission. '. '.. ~ I 1(' .--.-' {' 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 Agenda Item No.7 A February 10, 200101 Page 57 of 78 1 conditional use will adversely affect the public 2 interest, and how the specific requirements 3 governing the individual use, if any, have been met. 4 CHAIRMAN HUGHES: Is that it? 5 MR. BROOKER: If there's more 6 MR. GRIFFIN: Be happy to try to get some -- 7 CHAIRMAN HUGHES: More specific? a All right. Therefore, it's within our rights 9 under the law to deny this based on compatibility, 10 access, the question's not as much with Land Development Code. Do we incur any liability as a result of that? MR. GRIFFIN: You're making your recommendation if something occurs? MS. HUSHOI,: Right. MR. GRIFFIN: I understand. CHAIRMAN HUGHES: So our liability is minimal, we're within our rights. MR. GRIFFIN: If that's your determination, then you're within your right to make that determination and that recommendation. It will then go on, of course, to the Collier County Planning Commission, as I understand, the next link in the process. CHAIRMAN HUGHES: My concern is, again, and I GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA 34112 TELEPHONE: (2J9) 774-4..11" t ~~ ~2 13 14 15 16 ~7 ~8 19 20 21 22 23 24 25 Agenda ltel1}.~'- , Februaryl0, Page 58 1 think everyone here -. this is a Catch-22. A lot of 2 things are sitting on these boards. It's not an 3 easy place to be. 4 The number one issue in America is that we 5 protect private individuals, private rights to their 6 property. We are not a nation .- we're growing that 7 way. It's sad to me because we're losing our 8 character, but at the same time, this is not denying 9 a person's individual right to their property. They 10 have the right to utilize that property for a private utilization. The question here is: DO we take private property, turn it into quasi. commercial property and therefore, affect the neighborhood, the environment, the watershed? And personally, my -- just to put a little history for everyone here -- there was a gentleman back in the '60s that had the idea, we don't build anything to the beach from Route 41, God, what if we had done what he had said then? What a beautiful place we would have for eve~yone. My personal opinion is to deny this application based on our concerns of the impact to the envi~onment; the waste outfall, the access, the quasi-nature of the agreements between entities and , " u (~ t:': i~/ .f: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agenda Item No. 7~ 0 3 February 10. 200~ Page 59 of 78 1 management. 2 Number one, pertinent to human behavior, and I 3 think one -- the doctor said it the best, being the 4 person -- I'd hate to be the guy from the company so 5 to speak, oh, no, you can't come on your club 6 membership rights here today. 7 Well, I've been -- I grew up in one of these a environments. You know what starts then? They 9 start punching him, and then it gets loud, the alcohol starts. Next thing you know, they're literally calling the Sheriff to stop this thing. It's just a bad venture. It's a bad precedent. r don't like it. That's my opinion. We have other opinions on the board that may differ. MR. PENNIMAN: Are you making a motion that we deny? CHAIRMAN HUGHES: Well, I'm moving us in a direction, I haven't made the motion, yet. I want to hear your opinion. MR. PENNIMAN: All right, Then I would like to make that motion that we deny. I'm also concerned about the horse out of the barn. I'm concerned that the carrying capacity of Keewaydin Island is going to be seriously affected, not only by this development, but by what is coming down the line in GREGORY COURT REPORTING SERVICE, NAPLES. FLORIDA 34112 TELEPHONE, (239/ 774-4414 21 22 23 24 25 10 11 12 13 14 15 16 17 18 19 20 Agenda Item h -Februa,r.{10, 'page 60 1 the future. 2 I'm concerned about the enforceability of 56 3 people. I don't know that that's reasonably 4 enforceable, given the fact that these are going to 5 be property owners and dues payers. 80 of them show 6 up at the dock and you're going to tell them that 7 they can't come onto the island; I think that's 8 going to be very difficult to manage, 9 But I am most concerned about the carrying capacity of this very fragile ecosystem out there. I think to do this would be a mistake, because it would, in fact, open the door for other horses to come out of this particular barn. So I would make a motion to deny this petition. MS. HUSHON: I would also like to add -- agree -- I'll second your motion, but I would like to add, I have real concerns that our people did not present adequate information on what I'm going to call 'resource management." That relates to water, sewers -- or the sewage issue, waste management issue and the whole concept of exceptional events, I think, is out of line. I --.-'. ~' don't think there's any question that -- I don't l..t think they can -- this property can handle exceptional events that are proposed. That just ~ i"" ,'" I ( 11 12 13 14 15 16 17 19 19 20 21 22 23 24 2S Agenda Item No. 7A February 1 0, 200~ 0 S Page 61 of 78 1 doesn't seem to be any possibility, 2 So my feeling is that because it is a 3 precedent -- a precedential issue, that there are a 4 number of real concerns. I don't think that this S presentation has met those concerns, 6 CHAIRMAN HUGHES: I agree. So we have a motion 7 and a second? Is that what I'm hearing? 9 MR. DOLAN: I've been wrestling with the 9 compatibility issue with this quasi-commercial, you 10 know, pavilion -- beach pavilion. You know, it's almost better that it is set off from the private lot owners and sandwiched in between the properties owned by Rookery Bay. I think that helps to kind of buffer the -- I mean, certainly MS. HUSHON: The impact. MR. DOLAN: the impacts would be, I think, far greater if they were -- it was on two lots in amongst the other private lots. I've had some experience with beach park pavilions. I know it's a very tough issue to deal with, I think the character of Keewaydin, I believe -- some of my concerns and issues would be maybe quelled a bit more if things like the MOA and the Conservation easement, if some of those things can be further along and then present back to the GREGORY COURT REPOR7ING SERVICE, NAPLES. FLORIDA J41I2 TELEPHONE; (239) 774-4414 Agenda ItelJ'''~ 7 Februafy'10. Page 62 1 EAC, without going into a bunch of specifics. I 2 think that should have been pretty well tied down. 3 Do the MOA and pretty much drafted, maybe not 4 completely drafted, but pretty far along and then -- 5 just to give us some more peace of mind. 6 I think it's still kind of an issue that needs 7 to be resolved. I think your sewage capacity needs 8 to be addressed and information brought back to 9 demonstrate to everybody the neutrality of it 10 the system. I think I would be more inclined to 11 vote for it if some of those things had been 12 addressed. Then the well issue, as well. 13 Thank you. 14 CHAIRMAN HUGHES; Any other comment? 15 MS. LYNNE: I'd like to comment, that although 16 having it in between the state land might buffer the 17 neighbors from it, that isn't necessarily good for 18 the environment, in terms of the sea birds, That'S 19 going to be disrupting that, I'm just bringing up 20 that point. 2l It's increasing the intensity of use that isn't 22 appropriate for the barrier island, but that is just 23 residential. I agree with the other comments made 24 by the board. 25 CHAIRMAN HUGHES: Any further comment? We ha~e of c' ('wI I~ \. \( ( 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agenda Item NO.7 A February 10, 200G; 0 7 Page 63 of 78 1 a motion, we have a second. 2 MR, GRIFFIN: Mr. Chairman, be clear on what 3 the motion is at this point. 4 CHAIRMAN HUGHES: Please restate, Nick. 5 MR, PENNIMAN: The motion is to deny 6 application for conditional use CU AR 7181. 7 MR. HILL: Recommend denial, I think, is the 8 proper -- 9 CHAIRMAN HUGHES: Recommend denial. We are 10 advisory. Okay. Number 2, a second on that? MS. HUSHON: I seconded it already. CHAIRMAN HUGHES: Okay. We have a motion. We close discussion, Anymore further comments before we vote? MR. DOLAN: I would like to afford them the opportunity to come -- possibly come back and do time with addressing some of our issues that we have, I don't know if there's a period of time they have to wait before they can come back before the EAC. CHAIRMAN HUGHES: I don't know. I don't want to sit up here and deny anybody the right to use their land. I think we made some valuable suggestions today Ol/Er:;ORY CO{.'RT l/EPORTINr:; SERVICE, NAPLES, FLORIDA 34112 TELEPHONE: (239) 774-4414 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agenda Item No. 7 A February 10, 2009 Page 64 of 78 lOa 1 pertinent to your project. There are different ways 2 to look at this project. I mentioned one with a 3 boat. The support vessel is the project. The 4 boat's there, the project works. When the boat 5 leaves, it's off, nobody goes there, there's no 6 toilet, there's nothing. 7 I mean, there is a way to use that property and 8 be passive. But with all the open doors that are 9 still there, I'm afraid not. All right, So we now have a vote. All those in favor of the motion denying this project say "aye." (All respond in the affirmative.) CHAIRMAN HUGHES: All those for the project say "nay." (No response.) CHAIRMAN HUGHES: Okay. All right, we're unanimous. Denied. (The proceedings were concluded at 12:23 p.m.) GREGORY COURT REPORTING SERVICE, NAPLES. FLORrnA ~ 4 , 7 '7 (. J (J (",J , , " Agenda Item No. 7A Febr~3t80, 2009 ,. r'age 65 of 78. 1 2 3 MS. STUDENT-STIRLING: ' And the motion maker anc the second could, accept them. CHAIRMAN STRAIN: I find i t ihcon~istent with 4 Land Development Code Section 3.03.07 because of the 5 density issue. 2.03.07 because of the preserve 6 incompatibility issue. 10.08.00, numbers one, three 7 and four. One because of GMP inconsistency,; three 8 because of noise and economic issues, and four' 9 because of compatibility. 10 And I find it inconsistent with the GMP,' CG1E 11 12 13 10.6.1.1 due to the density, 10.3.8 ,due to the density, 10.3.2 due to compatibility. And the FLUE Section 5.4 due to compatibility. Those are my 14 reasons for voting no on this motion. 15 Yes, Ms. Student? 16 17 MS. STUDENT-STIRLING: I do hear I've heard safety discussed. I didn't hear that there was 18 testimony about it. I didn I t hear that as one of 19 the reasons, but I heard other people up there talk 20 about it. And it is a criterion. 21 CHAIRMAN STRAIN: Okay, I didn't have reference 22 numeric for that. 23 24 25 MS. STUDENT-STIRLING: Access in the case of. fire or catastrophe. CCMMISSIONER CARON: Right herer B. Agend2Raln No.7 A February 10, 200S Page 66 of 78 ~ 1 CHAIRMAN STPAIN: B. Oh, you're reading 6ff () 2 this. I was reading from -- 3 CCMMISSIONER CARON: No, I was req.ding from 4 conditional use. S CHAIRMAN STRAIN: .That would be findings of 6 fact, Item B. 7 I agree with you, I just didn't have the 8 reference. 9 Anyway, those are the references from the code 10 that I believe are -- .. 11 COMMISSIONr~R ADELSTEIN: I will accept them; 12 CHAIRMAN STRAIN: Those are accepted by the ..... . 13 14 15 16 17 18 motion maker. () CCMMISSIOl~R KOLFLAT:. Accepted by the second. CHAIRMAN STRAIN: Accepted by the second. . Is there any further discussion? (No response.) CHAIRMAN STRAIN: I I d like to have a raise of 19 hands, all those in favor of the motion for denial, . 20 21 22 23 24 25 please signify by raising their hand. CCM1ISSIONER KOLFLAT: .. (Indicating.) CCMMISSIONER ADELSTEIN: (Indicating.) CHAIRMAN STRAIN: (Indicating.) COMMISSIONER SCHIFFER: (Indicating. ) COMMISSIONER CARON: (Indicating.) . () , , 1- Agenda Item No. 7.A. . Febrt20BO,2009 Page 67 of 78 . 1 2 3 4 5 6 7 8 CCM'4ISSIONER MURRAY: (Indicating. ) COMMISSIONER VIGLIOTTI: (Indicating.) CCMMISSIONER TUFF: (Indicating.) CHAIRMAN STRAIN: Motion carries 8-0. Anybody opposed? (No response.) CCMMISSIONER KOLFIAT: . Mr. Chairman? . CHAIRMAN STRAIN: Yes, sir. 9 CCMMISSIONER KOLFIAT:. I'd like to make another .10 motion and that motion be that the Chairman also . . . 11 send a letter to the Board of County Commissioners 17 18 12 13 emphasizing how important we think this issue is and urging their support and our recommendation of 14 denial. 15 CHAIRMAN STRAIN: How does the rest of the 16 board feel about that? . CCMMISSIONER ADELSTEIN: I agree.. CHAIRMAN STRAIN: There's been a motion made 19 and seconded to send a letter to the Board of County 20 21 22 23 24 25 Commissioners indicating our position on this. hly further discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by sewing aye. CavlMISSIONER KOLFIAT: Aye. Agend~~ No. 7A February 10, 2oo9 ....... Page 68, of 78 -- 1 2 3 4 5 6 7 8 CC1'1MISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. . CCMMISSIONER CARON:' Aye. CCMMISSIONER MURRAY: Aye. CCMMISSIONER VIGLIOTTI: Aye. CQI1MISSIONER TUFF: Aye. CHAIRMAN STRAIN: Motion carries. CQI1MISSIONER SCHIFFER: Wait a minute, opposed, '. . () 9 aye. 10 11 CHAIRMAN STRAIN: Oh, 1'm sorry, CCMMISSIONER SCHIFFER: I don 'tthinkwe shaule . - 12 13 deny this .with prejudice. CHAIRMAN STRAIN: 1'm just following a motion ( ) 14 at this point, Brad. 15 CQI1MISSIONER SCHIFFER: Count my.vote against 16 that. 17 CHAlRMAN STRAIN: Motion carries 7.,..1. 18 So a letter will be sent to the Board'(jf County 19 Commissioners. 20. That will end this hearing on the Keewaydin 21 issue. . Thank you all for your patience .to0aY and.. 22 for attending the meeting. . , 23 (At which time, this proceeding concluded at,. .. 24 25 3:00 p.m.) (J , , Agenda Item NO.7 A . Feoruary ;)0, " 2009 F2~9 of 78 , 3 STATE OF FLORIDA) 4 COUNTY OF COLLIER) 5 I, CHERIE; R. NOTTINGHAM, CSR and Notary 6 public, State of Florida at Large, do hereby certify 7 that I was authorized to and did stenographically 8 report the foregoing proceeding; that a review of the 9 transcript was request.ed; and that the transcript is 10 a true and complete record of my stenographic notes. 11 I further certify that I am nota relative, 12 13 employee, attorney or counsel of any of the parties, nor am I a relative or employee of any of the parties' 14 attorneys or counsel connected with this action, nor 15 am I financially interested in the action. 16 Dated this 2nd day of August, 2006. 17 18 19 20 21 22 23 24 25 Cherie' R. Nottingham, CSR Notary Publio, State of Florida My Commission No: DD 454788 Expires September 5, 2009 1lOT\\\\~ ..""~ Q\\iOml'l\, "'\\ 1ll1l4!A'M i.'.... '" I!~ 00\11,\\$,,,, ., 2lIOIl . ~~ 'iO~i>\RtS',=~~~$.,^"" ~q ~,...1"" "I'.I"..,.,.~Of~~ .' . Agenda Item NO.7 A February 10, 2009 Page 70 of 78 July 19,2007 COMMISSIONER KOLFLAT: In accordance with its conditions and stipulations. And also that it's site permanent (sic) for this particular site. CHAIRMAN STRAIN: Site permanent? COMMISSIONER KOLFLA T: For this site, CHAIRMAN STRAIN: Site specific I think you mean, for this site. Site specific for this site? COMMISSIONER KOLFLAT: Yes, CHAIRMAN STRAIN: Okay. Motion's been made by Mr. Kolflat. Seconded by -- COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: -- Commissioner Schiffer. Okay, so now we'll go into discussion. Comments from the commission? Mr. Midney? COMMISSIONER MIDNEY: Yeah, I haven't said anything, but I have been listening very carefully. And I found Mr. Brooker's presentation much more persuasive this time than the first time. However, I feel as though I need to go along with our environmental advisory group recommendation. And from hearing the public speakers, I'm convinced that there would be significant human impact and possibly a precedent. So I intend to vote against the motion. CHAIRMAN STRAIN: Okay. Ms. Caron? COMMISSIONER CARON: Yes, I will also be voting against the motion. I believe there are still ingress and egress issues. I believe it will set a precedent in the neighborhood. I believe that the intensity ofthe use is incompatible with well over potential 750 plus users. I believe that their boardwalk, that construction seaward of the coastal construction line is prohibited, except for public access. And there is no public access, it's club members only. I believe the effect on the neighboring properties is adverse because the county is being asked to rely on provisions of a private thus unenforceable agreement between the state and the owners. And Page 120 Agenda Item No.7 A February 10. 2009 Page 71 of 78 July 19, 2007 I don't believe that the state has proven themselves to be a -- what's the term I can use? I don't think they've been reliable in upholding their own rules and regulations. We'll be discussing one such incident later on today. And I'll cite just one more just to throw it out there. Recently the county has submitted to the State FDOT warrants for a traffic light up in North Naples, and the state's response was not -- was that the light wasn't warranted because red lights cause traffic accidents. And this is the kind of thinking that we're going to put up with. I don't think relying on the state to uphold these agreements makes any sense whatsoever. And so for those and probably other reasons, T'l1 be voting against it. CHAIRMAN STRAIN: Let me finish up with this side of the table, then we'll move to that side. Mr. Schiffer? COMMISSIONER SCHIFFER: I mean, are we clear -- there's one condition that we didn't discuss that in their manual I'd like them to add what to do if the alann's on for the septic tank, okay? We don't need to make that a formal condition, just do it in the manual, okay? CHAIRMAN STRAIN: So in the manual part of your -- COMMISSIONER SCHIFFER: Well, what was missing is that the staff doesn't know what to do when there's a blinking red light over the septic tank, that they have a procedure in your manual what to do. CHAIRMAN STRAIN: Mr. Kolflat, you had your hand up. Did you have more to comment on? COMMISSIONER KOLFLAT: Well, I probably should have made a comment for the basis for my motion. CHAIRMAN STRAIN: Pull the microphone a little closer to you, 511'. COMMISSIONER KOLFLA T: I went back and looked at our record of our meeting a year ago, and I went through every item that each of us and all had been brought up by the public, And I think this Page 121 Agenda Item No. 7A February 10, 2009 Page 72 ot 78 July 19,2007 petition has addressed every one of those and attempted to ameliorate the bad effects that were represented at that time. CHAIRMAN STRAIN: Okay, now we'll start with this side. Mr, Adelstein? COMMISSIONER ADELSTEIN: I'm sorry, I can't go forward with it either. I know the gentleman who has done it, I've watched him operate for many years, too, and as did the speaker. And as far as I'm concerned, I could not vote for this. CHAIRMAN STRAIN: Any other comments from this side of the table? Mr. Murray, you're never lacking in comments, so go right ahead. COMMISSIONER MURRAY: Gee, I'm nonplused now. I too agree that the presentation made by Mr. Brooker and the efforts made to really give a lot of concessions -- perhaps they were prepared for that, I doubt it, because we've asked some very strong conceSSIOns. Nevertheless, the question will remain and does remain in the minds of many people, including mine, what are we doing here to Keewaydin Island. So you'll have to listen for my vote. CHAIRMAN STRAIN: Okay. Either of you guys got anything to say? COMMISSIONER VIGLIOTTI: I will be voting for it. I think that they've done everything humanly possible to answer every one of our concerns and all the board's concerns that came before you. We're getting 90 percent of the property saved, environmental easement. It's a conditional every three years you come back. So it's only a temporary give you anyway. My concern is there'll be two large private houses and they'll invite as many guests as they want. We'll have absolutely no control. And I think this is a well controlled project. Thank you. CHAIRMAN STRAIN: Mr. Tuff, did you want to comment? Page 122 Agenda Item NO.7 A February 10, 2009 Page 73 of 78 July 19, 2007 You're more than welcome to, COMMISSIONER TUFF: Well, I just think they did a terrific job. And the thing I can't get past is I think we've just moved the party over from the south end over to here. And I don't think there's a way to combat that. But they will be following all the rules but we'd still move the party, and I'll have to vote no on it. CHAIRMAN STRAIN: And my thoughts on it will actually pertain to the finding of fact of the conditional use petition. And my purposes for not voting in favor of the motion would be that pursuant to that petition, requirements, the findings of fact section number one says that Section 2.04,03 table two of the Land Development Code authorizes a conditional use permit. Right off the get-go I am not sure that that applies to the commercial dock that is now going to have to be there because it's a change in use for the uplands. So that hasn't been clarified to a satisfaction that I feel comfortable with, Number, two, the granting of a conditional use would adversely affect the public interest and will not adversely affect other properties or uses in the same district or neighborhood because of A, consistency with the Land Development Code and Growth Management Plan. I still have a problem with the density. The GMP Section 10.3.8, section 10,6.1, and the LDC Section 3.03.07(A) clearly refer to a density of one per five acres. And I don't believe this application meets that density, Number B, the ingress and egress to the property of proposed structures thereon. And the whole idea of the dock right now is in question. The DEP permit that's been issued, if there's a change in use, actually it's a violation of the permits, so the dock has to be repermitted, We've heard testimony today that the dock certainly will have to be repermitted. So until that's done, I'm not sure there's proper and adequate ingress and egress to this property, Number C, affects neighboring properties in relation to noise, Page 123 Agenda Item NO.7 A February 10, 2009 Page 74 of 78 July 19, 2007 glare and economic or odor effects. I don't have any comment on that and I can't tell by the presentation today ifthere's any noise, glare or economic issues with it. Some people may say it devalued their land, others may say because of the potential there may be more value in it. And as far as the environment goes, it certainly is a negative. Number D, compatibility with adjacent properties and other property in the district. I think by the lack of the studies done on the intensity of the property, the uses that the compatibility has not been proven to a satisfaction that will secure my vote. So for those reasons, I will be voting no on the motion. And I think everybody's had their say. So with that, I'll call for the vote, but I ask you to do so by signifY by saying aye and then raising your hand. If you're in favor of the vote for approval, please signifY by saying aye and raising your hand. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Three in favor. All those opposed, same sign. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRA Y: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MlDNEY: Aye. CHAIRMAN STRAIN: Aye. Six opposed. Motion for approval is not successful. It fails at 6-3. Now, is there another motion? COMMISSIONER CARON: Yes. CHAIRMAN STRAIN: Ms. Caron? Oh, Mr. Midney, you had your hand up first. Go ahead, and then -- COMMISSIONER MIDNEY: I'll make a motion for denial of-- recommendation of denial for Conditional Use AR -10925. Page 124 Agenda Item NO.7 A February 10,2009 Page 75 of 78 July 19,2007 COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN STRAIN: Motion's been made and seconded. Discussion? (No response.) CHAIRMAN STRAIN: My reasons for supporting this particular motion will be the same as those I just stated for the reason to deny, the motion to approve. COMMISSIONER CARON: Same here. CHAIRMAN STRAIN: Ms. Caron is the same reasons. Mr. Adelstein, same reasons? COMMISSIONER ADELSTEIN: Yes. COMMISSIONER MURRAY: Yes, but I'm confused, Mr. Chairman. I thought if we had a motion that failed for approval, there was no further motion required. COMMISSIONER ADELSTEIN: Neither did I. COMMISSIONER SCHIFFER: And Mark, question. Because this is a conditional use, we fill this out. So essentially those of us who voted yes would fill this out yes. Those of us who voted no would till this out no, and the nos would carry. CHAIRMAN STRAIN: I don't think you tally this to determine how we vote. I think you actually take the vote that we've taken place is how we vote. Mr. Klatzkow, we had a motion to approve and it failed. Do we need to take another vote? MR. KLATZKOW: You don't need to, but you can. CHAIRMAN STRAIN: Okay. Well, there is a motion on the floor. Ifwe don't want to act on it, then the motion maker and the second can withdraw their motion. COMMISSIONER MIDNEY: I'll withdraw it. CHAlRMAN STRAIN: The second then I assume is withdrawn? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. Well then, the motion to Page 125 Agenda Item No. 7A February 10, 2009 Page 76 of 78 July 19,2007 recommend approval failed. The project's going forward with a negative recommendation then. I guess it will stay at that. Okay, thank you all. That will end that particular case. We have findings offact. Please fill them out. They're attached to your packet. We still have an agenda to finish up, so I've got to ask everybody not to leave. At least everybody not involved with this. (Recess.) CHAIRMAN STRAIN: Okay, sorry for the delay, we had to get some paperwork completed. Item #9 OLD BUSINESS Any old business ofthis commission? (No response.) Item #10 NEW BUSINESS CHAIRMAN STRAIN: Okay, new business. Michelle, you had a discussion you wanted to bring to us regarding the school board? MS. MOSCA: Good afternoon, Mr. Chairman, Commissioners. For the record my name is Michelle Mosca with the comprehensive planning staff. I'm here today to request the commission's consideration to allow the school district staff or their consultant to provide an overview of school concurrency at a future planning commission date. And that's simply my request. Staff would suggest either August 16th or the first meeting of Page 126 Agenda Item NO.7 A February 10, 2009 Page 77 of 7 Andrew McElwaine, President & CEO, CONSERVANCY Of Southwest Florida ..... ..... ~--- - July 19, 2007 1450 Merrih"e Drive Nnplc<, Florid. 34102 239.403.4210 Fox 239.262.0672 nndl'ewm@conserv<1ncy.ol'g Mr, Mark Strain Chairman, Collier County Plannini!> Commission 2800 N. Horseshoe Drive . Naples FL 34\ 04 VIA E-MAil., RE: CU-2006-AR-\ 0925 - Naples Bay Resort Beach Shelter Conditional Use Permit Application Dear Chairman Strain and Planning Commission Members: The ConserVancy of Southwest Florida and the Sierra Club Calusa Group acknowledge that the project before you has been significantly modified from the original version that included the construction of a 2,925 square foot beach club, with the potential to come back and ask to increase the footprint to 4,500 square feet. While we appreciate the reduction in impacts to both structure size and allowed membership usage, we are stll! concerned about the precedent that will be set by approval of a Conditional Use permit for a beach club on Keewaydin Island. The current beach club structures on the island were constructed prior to the need to obtain a Conditional Use permit for such activities. No beach club facility has been granted a Conditional Use permit to date. With the approval of the Naples Bay Resort Beach Shelter, the expectation will be set for other property owners to feel entitled to apply for, and obtain. such conditional uses. The Conservancy and the Sierra Club ask that you recommend denial of the proposed beach shelter's Conditional Use permit application, thus preventing a precedent or expectation to be set. In addition, over 85% of Keewaydin Island is in public conservation ownership through Rookery Bay. As such, this land has a Special Treatment (ST) Overlay. This is a designation given by the County for those lands that have vital and unique natural resources value. According to LDC Section 2.03.07.D, 1., the ST Overlay allows special regulations of certain sensitive lands and, "Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County." The only people who would benefit from the issuance ofa Condition Use permit on this site would be the few who are property owners, renters or short-term users having memberships to the private facility, This would provide no benefit to the people of Collier County as a whole, Thus. we believe the requested permit is also inconstant with the ST Overlay provisions. P,-eserl'ing Southwest F'lm'ida:o; l1alurat envirollment and quality of liJe".now andfol'eve,; Agenda Item No. 7A February 10, 2009 Page 78 of 78 Establishing a precedent for private beach clubs on Keewaydin Island is not in the public's best interest, or in the best interest of resource management for a barrier island predominantly in public ownership, The Conservancy and the Sierra Club ask that you recommend denial ofCU-2006-AR-10925 based on the failure oftbe applicant to meet the standards governing the special treatment overlay on this property, If you have any questions regarding the Conservancy's position on this issue, please contact me at (239) 403-4210, Sincerely, ~~&-:. Andrew McElwaine President and CEO (&~([A>.Ail Mf?i- Cullum Hasty U Political Chair SierriiClub - Calusa Group SIERRA CLUB '~'-f()UHiitOI'i~'i"""~