Planning Board Staff Report

Meeting Date: December 4, 2020

TO: Marco Island Planning Board

FROM: Daniel J. Smith, AICP – Director of Community Affairs

DATE: November 24, 2020

RE: Boat Dock Extension: 20-000273 – Request to extend a dock to approximately 362 feet

PROJECT DESCRIPTION:

The petitioner has requested additional protrusion into the Marco River beyond the maximum allowed by the code of thirty
feet (30’). The petitioner is asking for a total of three hundred sixty two feet (362’) into the waterway which is three hundred
and thirty two feet (332’) more than allowed by code, which is the reason for this boat dock extension. A recently removed
portion of stationary dock around the entire waterfront of the site, as well as a pier and covered gazebo which extended
approximately seventy feet (70’) into the waterway were the only structures on the eastern portion of the lot and will be
replaced with the approximately 19, 893 SF of proposed docks proposed in the accompanying SDPA-20-000230.

The agent’s responses are incorporated into this report and attached along with the application and plans.

AGENT/APPLICANT:

Joshua W. Maxwell, P.E./ Chief Engineer

3584 Exchange Ave.
Naples, FL 34104

OWNERS:

Marco Island Yacht Club, Inc.

1400 N Collier Blvd
Marco Island, FL 34145

PROPERTY INFORMATION:

Street Address: 1400 N Collier Blvd

Marco Island, FL 34145
Legal Description: YACHT CLUB OF MARCO ISLAND REPLAT TRACT B AND ALL PROPERTY
SUBMERGED OR OTHERWISE DESC IN OR 2882 PG 2082, Public Records of
Collier County, FL
Property ID# 83467000149
Zoning: CF – Community Facility District

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ZONING:

AERIAL OF SITE:

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PROPOSED SITE PLAN

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 STAFF ANALYSIS:

Dock protrusions are determined based on the width of the canal. Canals over one hundred feet (100’) in width are allowed
a twenty-five percent (25%) protrusion with a maximum protrusion of thirty feet (30’). Despite the Marco River having a
width over one thousand seven hundred feet (1,700’) wide, the maximum allowable dock protrusion is thirty feet (30’). The
request is to protrude an additional three hundred thirty two feet (332’) beyond the allowed thirty foot (30’) from the property
line, for a total length of three hundred sixty two feet (362’) from the property line. The proposed dock and slips would
replace an existing dock and gazebo on the eastern side of the lot as the only structures extending into the Marco River from
the site.

The proposed docks and slips would be larger and protrude further into the waterway than what was previously approved
in 2008 (CU-07-01) by approximately forty three feet (43’) and will accommodate fewer boat slips, mainly because the new
plans will allow for larger vessels than what was approved previously. The largest slips will allow for vessels up to one
hundred twenty five feet (125’) in length, where the previously approved plan anticipated vessels with a maximum length
of only one hundred feet (100’) and has reduced the number of slips meant for smaller vessels of forty to fifty feet (40’-50’)
in length from twelve (12) originally approved to eight (8) now. The petitioner has stated that this reflects the increase in
boat sizes from members and the general public who may be using the non-reserved slips.

Agent’s Responses to the Criteria 54-115 (f)

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Below is Staff’s response to the criteria, Sec. 54-115(f) 1-10, used to review for a boat dock protrusion:

1. Does the proposed docking facility meet the other standards set forth in the City’s Land Development Code?

The required setback is fifteen percent (15%) of the seawall length, which is approximately three hundred twenty five
feet (325’) and that requires a fifteen foot (15’) side yard setback. The proposed boat dock extension is requesting no
(0’) setbacks on both property lines that sit adjacent to the marina and parking area on North Collier. The other
dimensional requirements are not met.

2. Is the water depth where the proposed vessel(s) is to be located sufficient (as a general guide, four feet mean
low water is deemed to be sufficient) to allow for safe mooring of the vessel, thereby necessitating the extension
requested?

The applicant indicates the water depth at the proposed location is sufficient (-4ft MLW), although the plans will call for
dredging to accommodate vessels with increased draft. Those permits will be submitted to the relevant State and Federal
agencies.

3. Are there special conditions related to the subject property or waterway which justify the proposed dimensions
and location of the proposed boat docking facility?

The applicant states that the area for the docks is leased from the State of Florida. In addition, this marina has been in
existence for some time and is a logical location due to adjacency to the Marco River and access to Marco Island
waterways and the Gulf of Mexico.

4. Does the proposed boat docking facility and moored vessel(s) protrude greater than 25 percent of the width of
the navigable waterway, and whether or not a minimum of 50 percent of the waterway width between boat
docking facilities and moored vessel(s) on the opposite side of the waterway is maintained in order to ensure
reasonable waterway width for navigation?

The waterway is approximately seventeen hundred feet (1,700’) wide and twenty-five percent (25%) is four hundred
twenty five feet (425’), so no, the proposed docks protrude less than twenty-five percent (25%). To the second part of
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 the criteria, currently there is no dock on the opposite side of the waterway. Fifty percent (50%) of the waterway is eight
hundred fifty feet (850’). The opposite side of the waterway sits outside of Marco Island jurisdiction and staff cannot
control what the maximum protrusion of a future dock might be, but due to the wide width of the Marco River retaining
at least fifty percent (50%) of the navigable width would be expected.

5. Is the proposed boat docking facility of the minimum dimensions necessary in order to adequately secure the
moored vessel while providing reasonable access to the boat for routine maintenance without the use of
excessive deck area?

The applicant indicates the proposed dock is of the minimum dimensions necessary to adequately secure the moored
vessel and provide reasonable access for routine maintenance taking into consideration waves due to storm events.
However, it is difficult for Staff to confirm or deny this statement as we are not versed in what this analysis’ criteria
involved.

6. Is the proposed boat docking facility of minimal dimensions and located to minimize the impact of view to the
channel by surrounding property owners?

It is difficult to say the proposed dock will not impact the view of the waterway but the width of the Marco River and
distance from residential lots indicate that it will not obscure those homeowners’ views. The neighbors to the north on
Martinique Ct could feasibly have their views to the south partially obscured, although that would be a minimal change
from what currently exists.

7. Are the proposed vessel(s) in excess of 50 percent of the length of the water frontage on the subject property
such that the extension of the boat docking facility may adversely impact the view to the channel by surrounding
property owners?

Due to the zoning of the lot (CF) and the allowance for marina uses, this requirement is not relevant to this proposed
project. The proposed new docks and slips will wrap around the entire waterfront of the lot.

8. Is the proposed location and design of the boat docking facility and moored vessel(s) in combination such that
it may infringe upon the use of neighboring properties, including any existing boat docking facilities?

Staff does not believe the proposed docks will infringe upon the use of neighboring properties including any existing
boat docking facilities due to the location on the Marco River and the width of the open water.

9. Are there seagrasses located within 200 feet of the proposed boat docking facility?

The applicant states there are no seagrasses in the area.

10. Is the proposed dock subject to the manatee protection requirements set forth in section 54-117 of the City’s
Boat Docking Facilities Code?

This petition is subject to the Collier County Manatee Protection Plan and has been designed to fall within the maximum
allowable number of slips for what is deemed a “moderate site.” The criteria for this determination has been laid out in
this application and would allow for a maximum of thirty two (32) slips, although this project proposes twenty seven
(27) slips.

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STAFF RECOMMENDATION AND FINDINGS:

Staff recommends Planning Board approve this request based on the following findings:

1. Although the side-yard setbacks requirements will not be met, the required fifteen (15’) setbacks are adjacent to
another marina use which is intended to tie into the proposed docks at a future date and have provided a letter
of no concern about the absence of setbacks.

2. The applicant indicates the water depths are deep enough to meet minimum code requirements for a boat dock
extension (-4ft MLW) and will be further dredged to accommodate larger vessels.

3. The proposed dock does not protrude greater than twenty-five percent (25%) of the channel width.

4. Fifty percent (50%) of the navigable waterway will remain open.

5. There will be minimal impact of neighbors’ views.

6. There was a previously approved set of docks and slips and this proposed project would be in the same general
area and orientation as that previously approved project (CU-07-01).

7. There are no seagrass beds in the area.

8. The proposed dock facilities meet the Manatee protection requirements.

CONDITIONS OF APPROVAL:

1. The Marco Island Yacht Club will guarantee free of charge public use of a pump-out station on-site as
previously approved in resolution 08-11

2. The Yacht Club shall be responsible for maintenance dredging along the entire length of the dock system (362’)
from the mouth of the Chestnut Waterway into the Marco River at a minimum width of one hundred fifty one
feet (151’).

3. Space shall continue to be provided for the Marco Island Youth Sailing program.

4. Slips shall be leased only, and shall not be sold fee-simple.

5. Prior to building permit approval, wind load specifications shall be provided to the City Engineer for review
and approval.

6. Petitioner shall submit and maintain a hurricane preparedness plan prior to building permit approval and shall
submit that to the City.

Daniel J. Smith, AICP

Director of Community Affairs