Agenda 03/25/2008 Item #16G 3
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Item Summary:
Meeting Date:
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Agenda Item No. 16G3
March 25, 2008
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1683
(Companion to Item 16E5)Recommendation that the Community Redevelopment Agency
accept the conveyance of County owned land located within the boundaries of the
Bayshore/Gateway Triangle Redevelopment Overlay and direct CRA staff to record the
executed Statutory Deed from the County to implement provisions of the Bayshore/Gateway
Triangle Master Plan and the Bayshore Neighborhood Focus Initiative providing construction
of quality housing within the Coastal High Hazard Area as part of a CRA residential in-fill
project Site Address 2605 Van Buren Avenue (Fiscal Impact $3,000)
3/25/200890000 AM
Prepared By
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Date
Bayshore-Gateway Redevelopment
3/13/20082:50:49 PM
Approved By
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Date
Bayshore-Gateway Redevelopment
3/13/20082:38 PM
Approved By
David Jackson
Community Redevelopment
Agency
Executive Director
Date
Bayshore-Gateway Redevelopment
3/13/20083:45 PM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
3/13/20084:38 PM
Approved By
Skip Camp, C.F.M.
Administrative Services
FacilitiE's Management Director
Date
Facilities Management
3/14/200810:32 AM
Approved By
Len Golden Pri~e
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
3/14/200810:46 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/14/20083:56 PM
- Approved By
James V. Mudd
County Manager
Date
file://C:\AgendaTest\ExDort\ 1 03-March%2025. %202008\ 16.%20CONSENT%20AGENDA \... 3/19/2008
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."'genda Item No. 16G3
March 25, 2008
Page 2 of 9
Board of County
Commissioners
County Manager's Office
3/14/20084:10 PM
file://C:\AQendaTest\ExDort\ I 03-March%2025.%202008\) 6.%20CONSENT%20AGENDA \... 3/19/2008
PROJECT: CRA RESIDENTIAL INFILL
PARCEL: LOT 32
FOLIO: 29280960006
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STATUTORY DEED
THIS DEED, made this _ day of , 2008, by COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail Eas~ Naples, Florida 34112, (hereinafter called the Grantor), to the
Collier County Community Redevelopment Agency, whose mailing address is 2740
Sayshore Drive, Un~ 17, Naples Florida, 34112, (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
Lot 32, CRAIGS SUBDIVISION, AS PER PLAT THEROF RECORDED IN PLAT BOOK
4, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by its Board of County Commissioners acting through its Chainman, the day
and year aforesaid.
ATIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, Chainman
, Deputy Clerk
(OFFICIAL SEAL)
Approved as to fonm and
legal uffiCien~:
IJ
Reidi . Ashton
Assistant County Attorney
fI..oonda Item No.1 fiG3
w rv';arch 25, 2008
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RESOLUTION NO. 2008-
RESOLUTION APPROVING THE CONVEYANCE OF COUNTY OWNED
PROPERTY TO THE COLLIER COUNTY COMMUNITY REDEVEWPMENT
AGENCY FOR THE PURPOSES OF DEVEWPMENT OF RESIDENTIAL
INF1LL AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE A STATUTUTORY DEED FOR
PROPERTY LOCATED AT 26415 V AN BUREN AVENUE.
WHEREAS, the staff of Collier County (County) and the staff of the Community
Redevelopment Agency (CRA) have agreed to tenns for the conveyance of County owned-land; and
WHEREAS, the conveyance of the County-<>wned land to the Community Redevelopment
Agency will assist with the implementation of the Baysbore/Gateway Triangle Master Plan and the
Bayshore Neighborhood Focus Initiative to acquire vacant lots to facilitate the construction of new
housing that meets the Collier County Code; and
WHEREAS, the conveyance of the County-<>wned land to the Community Redevelopment
Agency is in accordance with Section 125.38, Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County. based on the facts and
recommendations from Staff, now finds that the County's fee interest in 2605 Van Buren Avenue,
more particularly described in the attached Statntory Deed, is required by the Collier County
Community Redevelopment Agency for the aforesaid use and is no longer needed or required by the
County for a County purpose, and that the conveyance of same to the Collier County Community
Redevelopment Agency is in the best interest of the residents of Collier County, provided that the
County receives reimborsement, from the CRA, of the associated costs incurred by the County paid to
abate outstanding special assessments when the County took title to the parcel from the Society First
Federal Savings Bank, together with certain electrical utility, access and other improvements as set
forth in the attached Statutory Deed; and
WHEREAS, by this Resolution the Board of County Commissioners desires to authorize its
Chainnan to execute the Statutory Deed attached hereto, and take such other actions needed to
complete the conveyance of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I.
restated;
The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully
2. The Board of County Commissioners of Collier County, Florida, hereby directs and
authorizes its Chainnan, on behalf of this Board, to execute the Statutory Deed attached hereto, and
hereby approves the conveyance of the pmperty described therein and any acts needed to complete the
conveyance of the property.
3. This Resolution shall take effect immediately upon adoption.
ADOPTED this _ day of
favoring adoption.
. 2008 after motion, second and majority vote
ATTEST:
DWIGill E. BROCK, Cterk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
TOM HENNlNG, Chairman
Approved as to form and
~ufficienCY:
J, /k(j{()
Heidi Ashttrh-Cicko
Assistant County Attorney
<
S'8n]
Her.
/\8enda item r'Jo. : 6G3
" f,1arch 25. 2008
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EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by commission members. A
resolution approving with conditions petition CCSL-2008-01lAR-12598 requesting a
variance from the Coastal Construction Setback Line (CCSL) to allow for the construction
of two chickee hut concession stands, replacement and expansion of an existing park
entrance administrative office, and paved drop-off lane addition to the park road, all of
which are located on the property known as Delnor- \Viggins Pass State Park with a street
address of 11135 Gulfshore Drive North and more particularly described as that fraction
part of lots 1 & 2, located in Section 20, Township 48 South, Range 25 East, Collier County
Florida
OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance
of approximately twenty-five (25) feet to one-hundred-thirteen (113) feet seaward of the CCSL
to construct a new administrative office on the park's primary entrance; future phases to
construct up to seven wood-frame/metal roof picnic shelters ranging in size from 12' x 12' to 30'
x 40'; six 10' x 10' chickee-style concession stands; and a paved drop-oif lane addition to the
park road for service access (Exhibit C).
CONSIDERATIONS: The subject property is located along the Gulf of Mexico immediately
north of Vanderbilt Beach. Pursuant to Section 9.04.06 (below) of the LDC, Variance to the
Coastal Construction Setback Line are not reviewed by the Environmental Advisory Councilor
the Collier County Planning Commission.
Applicable section of the CCSL Variance section of the code and staif comments are as follows:
9.04.06 Specific Requirementsfor Variance to the CoaMal Construction Setback Line
A. The coastal construction setback line shall be that coastal construction setback line
established by the Department of Environmental Protection of the State of Florida
pursuant to F.5. ,~' 161.053 and recorded in Coastal setback line Book I. pages I
throngh 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of
the public records of Collier Countv, Florida.
B. Setback lines established under this Land Development Code shall be reviewed upon
petition of affected riparian upland owners, 171e Board of County Commissioners (BCC)
of Collier County shall decide, after due public notice and hearing. whether a change in
the setback lille is justified, and shall notifY the petitio lieI' in writing. 17le present setback
lines are presumed to be correct, and no change in setback lines are pre.\'u!J1cd to he
correct, and no change i/1 setback !;nes ,...,-!w!! be made except upon an affirmative
slunving by petitioner that any construction line established hereunder is a minimum of
150 feet landward of the mean high-water line or seventy~f1ve (75) .feet landward of the
vegetation /;l1e Hhichel'er is g,.eater~ and that considering ground elevations ill relation
to historical storm and hurricane tides, predicted maximum wave up rush, beach and
rdfi.11nre ground contour.\', the vegetatio}] fine, erosio}] trend,', the dunp or hh~tr line, ~r
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Agenda Item No. 16G3
March 25, 2008
Page 6 of 9
any exist, and existing upland development, that the general publie health and welfare
are preserved, upland properties proteeted, and beaeh and sand dune erosion
eon trolled.
Staff Comment:
Four (4) encroachments are consistent with the Land Development Code. Those encroachments
that are consistent include: the new administrative office, two (2) of six (6) proposed 10' x 10'
chickee-style concession stands, and the paved drop-off lane addition to the park road (for
service access).
Eleven (II) of the fifteen (15) proposed encroachments are not consistent with the LDC as they
are less than ISO feet landward of the mean high-water line or less than seventy-five (75) feet
landward of the vegetation line. The furthest structure seaward of the CCSL is 113 feet seaward
of the CCSL. The structures not meeting the LDC requirement range from 116 feet to 134 feet
landward of the mean high-water line and 20 feet to 66 feet landward of the vegetation line.
e. It shall be unla>lfi" fijr any person, firm, eOlporation, or ageney, publie or private, to
construct, reCOl1.\'tnlct, or change existing structures, make any excavation, remove any
beaeh material or othenvise alter existing ground elevations, drive any vehicle on, over
or aeross any sand dune, or damage or eause to be damaged any sand dune, or the
vegetation growing thereon and/or seaward of said dune, seaward of the coastal
comtruction setback line, except as hereinafier provided.
D. I{ in the immediate contiguous or adjacent area a "number of existing structures"
have established a reasonably continuous and uniform construction line closer to the line
o{ mean high water than the line as herein established, and if said existing structures
have not been unduly af{ected by erosion, a proposed structure may be permitted along
such line '{such proposed structure is also approved by the Bee.
Staff Comment:
A "number of existing structures" immediately contiguous or adjacent has not established a
reasonably continuous and uniform construction line closer to the line of mean high water than
the line as herein established.
All variance dimensions described below were provided by the applicant in a "Variance
Dimension Data Table (Exhibit B). The petitioner provided an overall site plan showing existing
and proposed structures (Exhibit C), The petitioner provided four enlargements of the site plan
known as areas one (I) to five (5) to cOlTespond with the five existing parking lots: Area I
(Exhibit DI); Area 2 (Exhibit D2); Area 3 (Exhibit D3); Area 4 and 5 (Exhibit D4). The
petitioner proposes to construct the following:
Current Phase:
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New administrative office on the park's primary entrance with the seaward face of the building to
exist 25 feet seaward of the existing CCSL. The building will have a distance of 216 feet from
the Mean High Water Line (MHWL) and 120 feet from the vegetation line.
Future Phases:
1. Seven wood-frame/metal roof picnic shelters ranging in size from 12' x 12' to 30' x 40'
including:
Shelter #
#1
#2
#3
#4
#5A
#5B-North
#5B-South
Distance from MHWL (feet)
125
116
155
129
151
129
133
2. Six 10' x 10' chickee-style concession stands:
Chickee #
#1
#2
#3
#4A
#4B
#5
Distance from MHWL (feet)
119
151
158
159
134
171
Distance from vegetation line (feet)
29
20
56
63
61
38
38
Distance from vegetation line (feet)
34
55
67
81
66
82
3. Paved drop-off lane addition to the park road (for service access).
FISCAL IMPACT: Approval of this petition would have no fiscal impact on Collier County.
GROWTH MANAGEMENT IMPACT: The proposed variance is not consistent with
applicable provisions of the Growth Management Plan Policy 10.4.7., as thc structures have not
been place as far landward as is practicable.
CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP
OBJECTIVE 10.4:
Developed coastal ban'iers and developed shorelines shall be continued to be restored and then
maintained, when appropriate by establishing mechanisms or projects which limit the effects of
development and which help in the restoration of the natural functions of coastal ban-iers and
affected beaches and dunes.
Policy 10.4.4:
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Agenda Item No. 16G3
March 25, 2008
Page 8 of 9
Require dune stabilization and restoration improvements in land development projects along
beach areas.
Policy 10.4.5:
Initiate and support beach and dune restoration and preservation programs where appropriate.
Policy 10.4.6:
Require native vegetation as landscaping in development activities in developed coastal barrier
systems and on the beach and dune systems.
Policy 10.4.7:
Collier County shall prohibit construction seaward of the Coastal Construction Setback Line
except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable
economic utilization of the property in question, or for safety reasons. In such cases,
construction will be as far landward as is practicable and effects on the beach and dune system
and the natural functions of the coastal barrier system shall be minimized.
LEGAL CONSIDERATIONS: This request has been reviewed for legal sufficiency and there
are no outstanding legal considerations.
RECOMMENDA TION:
Staffrecommends denial of Shelters # 1,2,3,4, 5A, 5B- north, 5B-south and Chickees #1, 2, 3,
4B for Variance Petition CCSL-2008-0 II AR-12598.
Staff recommends approval of the new administrative office on the park's primary entrance; two
(2) chickee-style concession stands including chickee # 4A and 5; and a paved drop-off lane
addition to the park road for Variance Petition CCSL-2008-0IlAR-12598 subject to the
following conditions:
1. 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 to Collier County Engineering
and Environmental Services Review Staff, prior to issuance of a building permit.
2. Construction activities shall not occur within one-hundred (100) feet of the sea turtle nesting
zone, defined by Collier County Land Development Code, between May I and October 31,
of each year, during the sea turtle nesting season, until construction is completed, without
first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting
Area Permits.
3. The petitioner shall notify the Engineering and Environmental Scrvices Review Staff one
week prior to commencing construction seaward of the CCSL and shall again contact said
Staff within one week following completion of construction seaward of the CCSL.
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P\g~nda Item No. i 6G3
:,1arch 25. 2008
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4. Outdoor lighting associated with construction, or development within three-hundred (300)
feet of the mean high water line, shall be in compliance with Collier County Land
Development Code.
5. All areas seaward of the CCSL, outside of the footprint of approved structures, shall be left
in their natural condition, or landscaped using native coastal dune or strand vegetation
exclusively.
6. All prohibited exotic vegetation within each project site shall be removed before issuance of
certificate of occupancy for any building. The petitioner shall re-vegetate areas seaward of
the CCSL that arc bare after exotic removal with coastal dune vegetation. The re-vegetation
shall be completed, according to a plan submitted to and approved by Collier County
Engineering and Environmental Services Staff prior to the issuance of a certificate of
occupancy.
7. The petitioner shall install appropriate signs in the re-vegetation area indicating that beach
users are required not to intrude into this re-vegetation area.
8. In the case of the destruction of any structures seaward of the CCSL, for any reason, to an
extent equal to or greater than 50 percent of the actual replacement cost of the structure at the
time of their destruction, any reconstruction shall conform to the provisions of the Land
Development Code in effect at the time of reconstruction. Said reconstruction may require a
new CCSL variance.
9. If construction has not commenced within 2 years of the approval of this variance, the
petitioner shall consult with County staff to detem1ine if any modifications will be required
as a result of changes to the CCSL ordinances.
10. Minor revisions to this approval (including changes in sltmg and structures) may be
approved, in writing, by the Community Development and Envirorunental Services
Administrator, or his/her designee.
11. Structures must be designed and permitted pursuant to the Florida Building Code and must
meet all design and elevation standards as mandated by current FEMA Flood Insurance Rate
Maps. Any variance to the mandated requirements must be petitioned separately from this
petition.
PREPARED BY: Summer Araque, Senior Environmental Specialist, Engineering and Environmental
Services Department, Community Development and Environmental Services Division.
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