Agenda 09/15/2009 Item #17E
Agenda Item No. 17E
September 15. 2009
Page 1 of 16
EXECUTIVE SUMMARY
-
This item requires that all participants be sworn in and ex parte communication disclosure be
provided. ADA-2008-AR-14059, Sunrise Cay II Condominium Association Inc., represented
by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, has
submitted an appeal ofthe decision for INTP-2008-AR-12749. The appellant has requested
an appeal to the Director's response in which the Director concluded that the proposed
design submitted with the Interpretation request, depicting angle-parked boat parking
with mooring pilings, is inconsistent with the Manatee Protection Plan requirements at
Sunrise Cay II. Through the appeal process both parties have crafted a proposed
settlement agreement which is comprised of a dock design with limiting conditions, wherein
it is the Director's opinion that the modification of the design plan and the proposed
conditions meets the intent of the marginal wharf configuration requirements of the
Manatee Protection Plan and Land Development Code. The agreement i~ being proposed
for the Board of Zoning Appeals consideration and approval to reconcile the appeal
request and comply with the requirements of the Manatee Protection Plan. The subject
property is located in Section 9, Township 52S, Range 28E, Collier County, Florida.
OBJECTIVE:
--
Pursuant to the County Codes of Laws and Ordinances, Sec. No. 250-58, the objective of an
appellant's request is typically to seek a reversal of an official interpretation from the Collier
County Board of Zoning Appeals (BZA), specifically (INTP-2008-AR-12749) as it applies to a
proposed redesign and reconstruction of dock facilities for the Sunrise Cay II Condominiums
located in Port of the Isles, in the Sunrise Cay II development. However, for this request the
applicant and the County staff have agreed upon a settlement pursuant to the terms and
conditions in the attached settlement agreement and are presenting it to the BZA for their
approval.
CONSIDERATIONS:
-,
The subject property has an RMF-16 zoning designation and contains a total of 42 residential
condominium units with related accessories and appurtenances in 5 buildings that were
constructed between 1996 and 1999, with approximately 973 linear feet of seawalled shoreline
along the Sunrise Cay Canal and the Faka Union Canal. The Association has submitted
applications to the Florida Department of Environmental Protection (file no. 1 1-0220350-001)
and the u.S. Anny Corps of Engineers (file no. SAJ-2003-9792) seeking permits for the
construction of a reconfigured dock facility to consist of a total of 42 boat slips and a loading
dock and ramp, with 36 of the boats angle-parked and secured by 38 pilings on 13-foot centers
and 6 boats parallel-parked on the west side of the Faka Union Canal. On January 10, 2008, in
accordance with Section 10.02.02.F of the Collier County Land Development Code, the
applicants representative requested an official interpretation which included two separate
requests, regarding the proposed reconfiguration of a dock facility and whether or not it is
consistent with the Collier County Manatee Protection Plan (MPP) in particular: I) whether the
Agenda Item No, 17E
September 15, 2009
Page 2 of 16
proposed use of mooring pilings to angle-park boat slips at the property of Sunrise Cay II is
consistent with the MPP and, 2) whether the MPP pennits a loading dock and access ramp
immediately adjacent to the seawall at the property of Sunrise Cay II. The Appellant did not
request to appeal the Director's response to the second request, in which the Director concluded
that a shore-parallel, linear loading dock located immediately adjacent to the seawall would be
consistent with the MPP. The Appellant a!,Tfees with the Director's response to request number
2. The Appellant is appealing the Director's response to request number 1 in which the Director
concluded that angle-parked boat parking with mooring pilings is inconsistent with the MPP.
The boats are currently parallel parked along the entire length of the seawall and secured with
mooring whips. This current configuration is considered a marginal wharf. Under the proposed
configuration, 36 boats would be angle-parked along the seawall and secured with pilings on 13-
foot centers. The remaining 6 boats will remain parallel-parked as currently exist on the west
side seawall. The applicant has agreed to limit the overall number of boat slips to a total of 42
slips. The proposed reconfiguration of the slips does not call for any structures in or above the
water other than the relocated pilings and a proposed loading dock and ramp. Boat parking in a
mooring configuration which results in boats perpendicular or angled to the shoreline is not
considered a marginal wharf, consequently the official interpretation response with respect to the
applicant's proposal to angle park boats was not approved by the Director.
The intent of the requirement for a marginal wharf is to limit the number of boats and boat slips.
After reviewing the appeal application it is the Director's opinion that the intent of the MPP
could be met if the applicant and the County were willing to enter into a settlement agreement.
The agreement would limit the number of boat slips to what currently exists on the subject site
(42 slips) and limit the number of boats and the length of the boats (see attached settlement
agreement and terms) specifically by limiting the number of docks to no more than what would
be allowed by the application of the marginal wharf criteria as set forth in the official
interpretation (AR-14058) and in doing so restrict any future construction of additional docks
beyond 42 docks. This could be accomplished provided the Association is willing to agree that
the total number of boat slips to be moored at the property under the current proposal will not
exceed 42 and that the cumulative vessel length will not exceed 973 feet (not including the
engines) and that the dock facility and loading dock and ramp configuration will be substantially
the same as shown in the attached Exhibit "A". The applicant is willing to a!,Tfee to this, in
exchange for the County authorizing the construction of the boat dock facilities and providing
such consistency letters and approvals as may be necessary for the construction of the facilities.
Through the appeal process both parties have crafted the attached draft settlement agreement
which is comprised of an alternative dock design with limiting conditions, wherein it is the
Director's opinion, approval of this proposal by the Board will mean that the intent of the
marginal wharf configuration requirements of the Manatee Protection Plan will be met through
development of the proposed desi!,1I1 and associated conditions of approval within the agreement.
The agreement is being proposed for the Board of Zoning Appeals consideration and approval to
reconcile the appeal request and to ensure the project complies with the requirements of the
Manatee Protection Plan.
,-
2
Agenda Item No. 17E
September 15, 2009
Page 3 of 16
In conclusion, the County's professional staff has reviewed the applicants proposed dock
configuration (Exhibit A) and has concluded that the proposed configuration with the limitations
imposed by the terms of the attached settlement agreement meets the marginal wharf criteria of
the MPP and is consistent with the official interpretation findings.
FISCAL IMPACT:
As a matter of information the fee for this appeal is $1,000 plus advertising costs. Approximate
staff time devoted to the processing and analyzing of this appeal request to date has been
approximately 20 hours excluding the scheduled hearing.
LEGAL CONSIDERATIONS:
This item is quasi-judicial requiring ex parte disclosures and a simple majority vote. (STW)
GROWTH MANAGEMENT PLAN IMPACT:
The settlement agreement is consistent with the County's Growth Management Plan.
RECOMMENDATION:
Staff recommends that the BZA approve the settlement agreement.
Prepared by: Susan M. Istenes, AICP, Zoning Director
3
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 17E
September 15, 2009
Page 4 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
ADA-2008-AR-14059 Sunrise Cay II Condominium Association Inc, represented by
Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, is appealing the
decision for INTP-2008-AR-12749 The applicant wishes to appeal the Director's decision in
which the Director concluded that angle-parked boat p,arking with mooring pilings is
inconsistent with the Manatee Protection Plan specifically Sections 5.03.03 E .11 of the LDC
and Sections 3.2.3.4 and 4,6.3 of the MPP to prohibit use of mooring pilings to angle-park
boat slips at Sunrise Cay II. Subject property is located in Section 9, Township 52, Range 28,
Collier County, Florida
9/15/20099:0000 AM
Prepared By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & land Development Director
Date
Zoning & land Development Review
8/14/2009 3:19:23 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin,
Date
Approved By
8/1712009 11 :31 AM
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & land Development Review
8/18/200910:44 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmenta'l Services Admin,
8/1812009 10:44 AM
Approved By
William D, lorenz, Jr., P,E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
8/19120099:14 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Attorney's Office
8126/20094:18 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
8/27120094:59 PM
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Agenda Item No. 17E
September 15, 2009
Page 5 of 16
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
9/1/2009 3:53 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
9/2/2009 9:52 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/2/2009 11 :31 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/2/2009 6:46 PM
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Agenda Item No, 17E
September 15, 2009
Page 6 of 16
SETTLEMENT AGREEMENT AND GENERAL RELEASE
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this of , 2009, by and between Sunrise Cay II
Condominium Association, Inc. (the "Association"), and Collier County, Florida, a political
subdivision of the State of Florida (the "County").
WHEREAS, Association is responsible for the operation and management of the
prope11y constituting Sunrise Cay II, a condominium, located in Port of the Islands, in Section 9,
Township 52 South, Range 28 East, folio number 01067081401, within the unincorporated area
of Collier County, Florida, as described in the Declaration of Condominium recorded in OR
Book 2245, Page 1343, as amended (the "Property"); and
WHEREAS, the Propeliy is zoncd RMF-16 on the Collier County Zoning Map and
contains a total of 42 residential condominium units with related accessories and appurtenances
in 5 buildings that were constructed between 1996 and 1999, with approximately 973 linear feet
of seawalled shoreline along the Sunrise Cay Canal and the Faka Union Canal; and
WHEREAS, the Association has submitted applications to the Florida Department of
Environmental Protection (file no. 11-0220350-001) and the U.S. Army Corps of Engineers (file
no. SAJ-2003-9792) seeking permits for the construction of a reconfigured dock facility to
consist of a total of 42 boat slips and a loading dock and ramp, with 36 of the boats angle-parked
and secured by 38 pilings on 13-foot centers and 6 boats parallel-parked on the west side of the
Faka Union Canal; and
WHEREAS, on January 10, 2008, in accordance with Section 10,02.02.F of the Collier
County Land Development Code, the Association submitted a request for interpretation to the
Director of the Collier County Department.of Zoning and Land Development Review
("Director") seeking confimlation that the proposed do'ck facility and loading ramp configuration
were consistent with the Collier County Land Development Code and Sections 3,2.3.4 and 4.6,3
of the Collier County Manatee Protection Plan; and
WHEREAS, on November 12, 2008 the Director issued a response to the Association's
request for interpretation, 1NTP-2008-AR-12749, which concluded that the proposed dock
facility configuration was not consistent with the Manatee Protection Plan, but that the loading
ramp was consistent with the Manatee Protection Plan so long as the loading ramp was designed
to be shore-parallel, linear, located immediately adjacent to the seawall, and was not used as
additional mooring slips; and
WHEREAS, on December 11, 2008 the Association filed an appeal of the Director's
interpretation, ADA-2008-AR-14059, asserting that the proposed dock facility configuration and
loading dock and ramp are consistent ""vith the Land Development Code and Manatee Protection
Plan; and
Page 1 of 5
Agenda Item No. 17E
September 15, 2009
Page 7 of 16
WHEREAS, as interpreted by stafT, the application of the Land Development Code and
marginal \vharf criteria contained in the Manatee Protection Plan to the 973 feet of shoreline of
the Sunrise Cay Condominium site would limit the maximum number of docking sites to 42 at an
average length of 23 ,2 feet: and
\VHEREAS, after revicvv-ing the proposal, staff agrees that the provisions of the Land
Development Code and the Manatee Protection Plan are met by limiting the. number of docks to
no more than what would be allowed by the application of the marginal wharf criteria as set [01ih
in the official interpretation (AR-14058) and in doing so restrict any future construction of
additional docks beyond 42 docks; and
WHEREAS, in order to resolve the appeal in ADA-2008-AR-14509, the Association is
willing to agree that the total number of boat slips to be moored at the Property under the current
proposal will not exceed 42 and that the cumulative vessel length will not exceed 973 feet (not
including the engines) and that the dock facility and loading dock and ramp configuration will be
substantially the same as sho\'m in the attached Exhibit "A", in exchange for the County
authorizing the construction of the facilities and providing such consistency letters and approvals
as may be necessary for the construction of the facilities: and
WHEREAS the County agrees that the proposed dock facility and loading dock and
ramp will be consistent with the Land Development Code and the Manatee Protection Plan and
will not endanger the manatees provided that the total number of boat slips does not exceed 42,
and the facilities are constructed in substantial conformity with the plans attached as Exhibit
"A": and
WHEREAS the Association and the County recognize that the interpretation and appeal
could lead to litigation between the parties, and that the costs and uncetiainties of litigation and
the unique facts and circumstanccs surrounding this mattcr and have agreed to settle any and all
of the Association's claims and any and all other claims, knO\\11 and unknown betvv-cen the
parties;
NOW, THEREFORE, in consideration of the foregoing premises and the following
mutual promises (the receipt and sutTiciency of such consideration being acknowledged by all
parties), the patties agree as follows:
I , Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. DeniQL0f Liability, No party is admitting wrongdoing, fault or liability of any
nature by entering into this Agreement.
3, Attornevs' Fees, All parties shall pay their O\\'n attorneys fces and costs
associated with this matter.
4. Release of All Claims as Against the Count\'. Except for any breach of this
Settlement Agreement, the Association. hereby releases, acquits. satisfies, and forever discharges
Page 2 01'5
Agenda Item No. 17E
September 15, 2009
Page 8 of 16
the County, (including any and all employees, officers, directors, heirs, successors, assigns, legal
representatives, attomeys and agents of the County) of and from any and alL and all manner of
action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law
or in equity, which the Association ever had, now has, or which any personal representative,
successor, heir or assign of the Association, hereafter can, shall or may have involving or relating
to the dock facility and loading dock and ramp, for, upon or by reason of any matter, cause or
thing whatsoever, from the beginning of the world to the day of this Agreement.
5. Release of All Claims as Against the Association. Except for any breach of this
Agreement, the County, hereby releases, acquits, satisfies, and forever discharges the
Association, (including any and all employees, officers, directors, heirs, successors, assigns,
legal representatives, attomeys and agents of the Association) of and from any and all, and all
manner of action and actions, cause and causes of action, suits, debts, dues, sums of f!1oney,
accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, variances trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which the County ever had, now has, or which any pcrsonal
representative, successor, heir or assign of the County, hereafter can, shall or may have involving
or relating to the dock facility and loading dock and ramp, against the Association, for, upon or
by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of
this Agreement.
6. Dock Facility. The county agrees that the dock facility and loading dock and
ramp as shown in the attached Exhibit "A" are consistent with the Collier County Land
Development Code and Manatee Protection Plan, to approve the construction of the dock facility
and loading dock as specified in the attached Exhibit "A", and to issue permits for constmction
of the same upon application by Association, and receipt of all required agency permits. The
County further agrees to communicate its approval and consistency letters as necessary to the
U.S. Fish and Wildlife Service and any other applicable governmental agencies within seven (7)
days of the date of this Agreement. The Association agrees that the dock facility shall be limited
to a maximum of 42 boat slips and the loading dock in the configmation shO\vn in the attached
Exhibit "A". The Association further agrees that the cumulative total length of tbe vessels to be
docked at the facility, not including the engines, shall not exceed 973 feet.
7. Execution of 'pther Documents. The parties agree that they will execute any other
documents as are necessary to effectuate or to carry out the intent of this Agreement.
8. Goveming Law and Venue. This Agreement and all other documents executed in
connection with this Agreement shall be governed by and interpreted under Florida law. The
sole and exclusive venue for any litigation between the pariies arising out of or related to this
Agreement or any documents executed in connection with this Agreement shall be in the circuit
Court in and for Collier County, Florida. The Settlement Agreement is the joint product of the
Association and the County and shall not be constmed against either party as the drafter.
Page 3 of5
Agenda Item No. 17E
September 15, 2009
Page 9 of 16
9, Enforceability, In the event that any provision of this Settlement Agreement is
found to be void or unenforceable by a comt of competent jurisdiction, the remaining provisions,
in whole or in pm1, shall continue to be enforceable to the greatest extent allowed by law and to
the same extent as if the void or unenforceable provision were omitted trom this Agreement.
10. Entire Settlement A2reement. This Agreement contains the entire agreement
between the parties and all prior or contemporaneolls negotiations or representations are merged
into this Settlement Agreement. This Settlement Agreement may not be amended or modified
except in a written document signed by the parties.
11. Execution. Association shall execute this Agreement prior to it being submitted
for approval by the Board of County Commissioners.
12. Applicability. This Agreement shall be binding on Association's successors,
heirs, and assigns. Further, this Agreement shall be binding on the Association's successors,
heirs, and assigns,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairman
WIlTNESSES:
AS TO ASSOCIA nON:
SUNRISE CAY II CONDOMINIUM
ASS, CIA TION, INC.
J 7
,.7,/ 1';
{lit.., /, L---_-+' By:
Print Name: _ ( I'r'/ J 1/(,.:1"-;1 fe.' / 1
.---~ / ' /'J) ./
~-r~~;;.-~~dU~~=
Print Namc:).../J1Z'G j Jav/'5 ~F1ddaL-
~, '117, v1Z<L6/lV.:V
pproved by Susan M, Istcnes. AICP, Zoning Director
Page 4 of 5
Agenda Item No, 17E
September 15, 2009
Page 10 of 16
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before mc this :J .y(/.day of O-t.t.u.s' t ,
2009, by Ovidio C. Giberga, as President of Sunrise Cay II Condominium Associatio , Inc., who
is personally known _ to me or has produced rL (}/I,/C'~ri_LI<::):!:/15e /;6 as
identification. G 16. 2. u.; 3 "IS' q[J1?~)
WITNESS my hand and official seal this ..:J 'i lit day of [lilT /..1 j l ,2009,
/71 CL-~LL x., /3t'~
Notary Public
Notary Rubber Stamp Seal
Or Emb ss ' ]
M A-:' -I /.. ,... L. J.3c r{ /l t' 1/
Printed Name
/) I? :s: S ! -5 5' 3
Commission No.
''if //7 /.1- 0 I ~
Expiration Date
~,U"I.,
.4.\","" rl:~~ MARTHA L BENNEIT
=./J:i..\.o MY COMMISSION # DO 881583
~.~,~1 EXPIRES: August 17, 2013
"':%':iir:.f.-lf.';" Bonded Thru Notary Pub"c UndelWl1ters
Approve as to orm
AntJl al ~UffiCienCY: r t-..,
_~uL A ~ u
.J.-.Ille rey A. Klattkow
~ -County Attorney
,....-,
Page 5 of5
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Agenda Item No. 17E
September 15, 2009
Page 12 of 16
COLLlliRCOUNTYGOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive. Naples, Florida 34104
November 12, 2008
Mr. Christopher J. Thornton
Cheffy, Passidomo, Wilson & Johnson, P.A.
821 Fifth Avenue South, Suite 201
Naples, FL 34102
RE: INTP-2008-AR-12'749, Request for official interpretation of Sections 5.03.06.E.ll and
5.05.02.C of the Collier County Land Development Code (LDC) to determine whether
or not the use of mooring pilings to angle park boat slips is allowed and is consistent
with the Manatee Protection Plan (MPP), and whether the proposed loading dock
with access ramp is consistent with Sections 3.2.3.4 and 4.6.3 of the MPP.
Dear Mr. Thornton:
Pursuant to L~nd Developme~t Code (LDC) Section lO.OZ.'02.F, you have'asked the ioni~g and
Land Development Review Director to render an official interpretation for two (2) separate
requests pertaining to various provisions of the Manatee Protection Plan and the applicable
provisions of the LDC as noted above.
In your request, you indicate that the Sunrise Cay II Condominium Association has submitted
applications to the Florida Department of Environmental Protection (File No. 11-0220350-001)
and the U.S. Army Corps of Engineers (File No. SAJ-2003-9792) seeking permits for the
construction of a reconfigured dock facility of an existing 42 boat slip facility. These slips are
currently parallel-parked along the entire length of the sea wall and secured with mooring whips.
Under the proposed configuration, 36 boats would be angle-parked along the seawall and secured
with pilings on 13-foot centers. The remaining 6 boats will remain parallel-parked as currently
exist on the west side seawall. You also indicate that the overall number of boat slips remains at
42 slips in total and that the design of the existing five foot wooden boardwalk serving the boat
slips will not change, Lastly, the proposed reconfiguration of the slips does not call for any
structures in or above the water other than the relocated pilings and a proposed loading dock and
ramp. For the purpose of this interpretation, you have not requested a determination concerning
the subject site's ranking under the marina siting criteria contained in Section 5.05,02.C of the,
LDC and Section 3.2.4.1 of the MPP. ,
In Request I, you asked whether or not Sections 5.03;06.E.ll of the LDC and Section 3.2.3.4
and 4.6.3 of the Manatee Protection Plan (MPP) permits the use of mooring pilings to angle-
park boat slips as proposed by the Sunrise Cay II Condominium Association, Inc.
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Phone (239) 252-2400
Fax (239) 252-6968 or (239) 252-2913
EXHIBIT~
www, colliergm~ net
Agenda Item No. 17E
September 15, 2009
Page 13 of 16
Mr. Christopher J. Thornton
November S, 2008
Page 2 of 4
Based upon my review of Section 5.03.06.E.11 of the LDC, it is my opinion that multi-slip
docking facilities with ten (10) or more slips are pennitted on the subject site but the docking
facilities are required to be reviewed for consistency with the MPP that was adopted by the Bec
and approved by the Department of Environmental Protection (DEP).
Although the LDC doesn't define the term "mooring pilings", Section 5.03,06 of the LDC lists
mooring pilings as an allowable use on waterfront property as well as individual or multiple
private docks. In addition, pilings are deemed to be a component of a dock facility. A dock
facility can include a walkway, pier, and pilings associated with the dock. Furthermore, Sections
3.2.3,4 (2) and 4.6.3 (2) of the MPP apply to the subject RMF-16 zoned property since the site is
developed with multi-family dwelling units on a canal with a seawall. These provisions restrict
shoreline development within the sea walled basin at Port-of-the-Islands as follows;
· Multi-family residential docks should be restricted by allowing only marginal
wharves along the waterfront of multi-family areas with no finger piers or "T"
shaped docks allowed.
In your application, you contend that because this provision of the MPP uses the permissive term
"should" instead of the mandatory "shall", the language of the rule (given that it is not
mandatory) should not be used to determine if the proposed dock facility configuration is
consistent with the MPP.
However, it is my opinion that these sections of the MPP were clearly intended to apply to the
subject property since they indicate that the "shoreline development" restrictions are to apply
"within the seawalled basin" and "within the manatee sanctuary" areas of Port-of-the-IsJands.
Therefore, the intent of the MPP is to exclude the finger piers, "T" docks, piles and floating
docks but allowing only marginal wharves within the Sunrise Cay II development.
While the LDC and GMP, as well as Sections 3.2.3.4 and 4.6,3 of the MPP, don't define or
provide development standards for a "marginal wharf', there is an industry accepted definition
that has been historically applied to the subject site for consistency with the MPP. This
definition of a "marginr.l wharf' is as follows:
Mareinal wharf: A wharf that is flush (parallel) with the general adjacent shoreline with boats
(ships) docked end to end. It is a landing place where ships may tie up and load or unload
passengers and supplies.
Based on this definition, it is my opinion that the proposed configuration for angled-parked boat
slips along the marginal wharf and secured with pilings, on 13-foot centers, is not consistent
with the intent of the MPP. It is also my opinion that the proposed marginal wharf can not
include any finger piers or "T" shaped docks or loading ramps.
In Request II, you asked whether or not the proposed loading dock with access ramp or a
shore-parallel, linear loading dock located immediately adjacent to the seawall or marginal
wharf are consistent with Sections 3.2.3.4 and 4.6.3 of the Manatee Protection Plan?
..i
Agenda Item No, 17E
September 15, 2009
Page 14 of 16
Mr. Christopher J. Thornton
November 5, 2008
Page 3 of 4
In your request, you indicate that the proposed loading dock and ramp is to only be used for
temporary loading and unloading of people and supplies, and is necessary for the safety of the
boaters whether the boats are parked parallel to the seawall and secured with mooring whips or
parked at an angle and secured with pilings. In order to prevent boaters from having to leap from
the boat to the seawall during high or low tides, the Sunrise Cay II Condominium Association
seeks to construct a floating dock with an access ramp to improve the safety of the members of
the Association when accessing their boats,
Based upon my review of Section 3.2.3.4 of the MPP, the multi-family residential docks should
be restricted by allowing only marginal wharves along the waterfront of the multi-family areas
with no fmger piers or "Tn shaped docks allowed. As depicted on Exhibit "F" of your
application, your proposed design for the loading dock and ramp consists of a 10 foot by 7 foot
platform that protrudes into the canal and includes a 4 foot by 15 foot long ramp that connects to
a 36 foot long "L" shaped floating dock.
Since the proposed loading dock with access ramp is a permanent structure attached to piles, it is
deemed to be a part of a marginal wharf. The design of the structure in this case, in my opinion,
is not consistent with definition of a marginal wharf since it protrudes out into the canal similar
to the way a "T" or "U" shaped dock would protrude. Also, the proposed loading dock is not
designed to be built parallel to the marginal wharf or the shore of navigable waters.
In regards to the alternate design that you proposed in the addendum to your application, you
inquired if a shore-parallel, linear loading dock located immediately adjacent (parallel) to the
seawall would be consistent with the MPP provision as noted above. Based on my conclusions
J!.-.. above, one could apply Sections 3.2.3.4 and 4,6.3 of the MPP to allow a shore-parallel, linear
~ loading dock as long as it is located immediately adjacent to the seawall. It is my opinion that
this limitation is consistent with the intent of the marginal wharf and includes those loading dock
structures built on flotation devices (pontoons) to keep them at the same level of the ship even
during changing tides." It should be noted that the use of shore-parallel loading shall not allow
more boats to be docked than is currently allowed. Any shore parallel loading dock is just for the
ease of access to boats and cannot be used as extra mooring.
Pursuant to Division 10.02.02.F. of the LDC, this interpretation has been sent to you via certified
mail, return receipt requested. As this is a site-specific interpretation, all property owners within
300 feet of the subject property will receive mail notice and a copy of this interpretation and
appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this
letter, or within 30 days of publication of the public notice, any affected property owner or
aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning
Appeals (BZA).
A request for an appeal must be filed in writing and must state the basis for the appeal and
include any pertinent information, exhibits, or other back-up information in support of the
appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If
payment is in the form of a check, it should be made out to the Collier County Board of
Commissioners. An appeal can be hand delivered or mailed to my attention at the address
Mr, Christopher J. Thornton
November S, 2008
Page 4 of 4
Agenda Item No, 17E
September 15, 2009
Page 15 of 16
provided. Please do not hesitate to contact me should you have any further questions on this
matter.
Sincerely,
~rn.~
Susan M. Istenes, AICP, Director
Department of Zoning & Land Development Review
Cc: CoJ1i~r'County Board 01 County Commissioners
Collier County Planning Commission
James V. Mudd, County Manager
Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div.
Jeff Klatzkow, County Attorney
Ray V. Bellows, Zoning Manager, Department of Zoning & Land Dev. Rev.
I,
Agenda Item No, 17E
September 15, 2009
. Page 16 of 16
~}2F
Sunday, August 30, 2009
Baily News,
~r-
0120 NcmcE OF
MEETING
0120,' NOTq OF
'MEETING'.
NOTICE OF PUBLIC HEARING
Notice Is hereby given that the Board of County
Commissioners of Collier County will hold a public
hearing on Tuesday, September IS, 2009, in the
Boardroom, 3rd Floor, Administration Building, CoI- .
lIer County Government Center, 3301 East Tamlaml
Trail, Naples, Florida. The meeting will begin at
9:00 A.M.
Petition: ADA-2008-AR-14059, Sunrise Cay II Conde)- I
mlnium Assocla~ion Inc.a..represented by Chrlsto-.
pher J. Thornton 0f Cherry, Pass/domo, Wilson and
Johnson, llP, has submfttecf an appeal of the deel-
slonfor INTP-20OS-AR'12749. The appellant has re-
quested an appeal to the Director's response'"
which the Director concluded that the proposdd-
design submitted with the Interpretation rlquaatt
,depleting angle-parked boat parking with mooring
pilings, is inconsistent with the Manatee Protect on
Plan requirements at Sunrise Cay II. Through the
appeal process both parties have crafted, a p'ro.
posed settlement agreement which is cornprlstCI .'Of
a dock design with limiting conditions,' wherein It 114
the Director's opinion that the modif cation of the
design plan and the proposed, conditions m@irts .thll
intent of the marginal wharf tonfigurationrequlre.
mE'"ts of the Manatee Protection Plan and lane De-
velopment Code. The agreement is being proposed
for the, Board of Zoning Appeals consideration and
approval to reconcile the appeal request and com-
ply with the requirements of the Manatee Protec-
tion Plan. The subject property Is located In Sec-
tion 9, TownShip 52 S, Range 28 E, Collier County,
Florida. - .
. '
NOTE: All Persons wishing to speak on any agenda
Item must register with the County Administrator
prior to presentation of the agenda Item to be ad-
dressed. Individual speakers will be limited to 5 .
minutes on any Item. The selection of an individual
to speak on behalf of an organization or group Is
encouraged. If recognized by the Chair, a spOkes-
person for a group or or~anization may be allotted
10 minutes to speak on an Item. ", '
Persons wishing to have written or graphic materi-
als included in the Board agenda packets must
submit said material a minimum of 3 weeks prior to
the respective public hearing. In any case, written
materials intended to be considered by the Board
shall be submitted to the appropriate County staff
a minimum of seven days prior to the pubUchear-
jng. All material used In presentations before the
Board will become a permanent part of the record.
Any person who decides to appeal a decision of
the Board will need a' record of. the proceedings
pertaining thereto and therefore, may need to en-
sure that a verbatim record of the proceedings Is
made, which record Includes the te.stimony and
evIdence upon which the appeal is based.
If. you are a person with a disability who needs any
accommodation In order to participate In this pro-
ceeding, you are entitled, at no cost-to you, to the
provision of certain assistance. Please contact the
Collier County Facllities Mana~ement Department,
located .at 3301 Tamlami TraIl East, Building W,
Naples, Florida 34112, (239)252-8380; assisted listen-
. Ing devices for the hearing Impaired are available
in the ,County Commissioners' Office.
. BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FlO,RIDA
DONNA FIALA, CHAIRMAN
'DWIGHT E. BROCK, CLERK
ByiMarthaVergara, Deputy Clerk ..
, Auaust 3D, 2009
NQ1R130l2