Resolution 2000-253
17G
RESOLUTION NO. 2000-....2..53
RESOLUTION APPROVING WITH CONDITIONS PETITION
CCSL-2000-4A, REQUESTING A VARIANCE FROM THE
COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO
ALLOW FOR CONSTRUCTION OF UMBRELLA BOX
PLATFORMS AND ASSOCIATED DUNE WALKOVERS, AND
DESIGNATED AREAS FOR BEACH CONCESSION STORAGE,
LOCA TED AT THE PELICAN BAY NORTH BEACH
FACILITIES, PELICAN BAY PLANNED UNIT DEVELOPMENT
(SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FL.
WHEREAS, Brett D. Moore of Humiston & Moore Engineers, representing The
Pelican Bay Foundation Inc. requests a variance from the Coastal Construction Setback
Line (CCSL) as required by the Collier County Ordinance 91-102 Division 3.13, as
amended, to allow construction of umbrella box platforms and associated dune walkovers
and designated areas for beach concession storage (Exhibit A); and
WHEREAS, the subject property is located at the Pelican Bay North Beach
Facility, Pelican Bay Planned Unit Development; and
WHEREAS, the proposed improvements will extend no further out than
approximately 130 feet seaward of the adopted coastal construction setback line CCSL;
and
WHEREAS, the subject property had a CCSL variance (CCSL-97-1A) approved
by the Board of County Commissioners for structural improvements; and
WHEREAS, the petition is consistent with the Collier County Land Development
Code, Division 3.13, as amended; and
WHEREAS, the petition is consistent with the Co\lier County Growth
Management Plan - Cons<:rvation and Coastal Management Element.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition
CCSL-2000-4A be approved, 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, prior to
issuance of a Collier County 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 Division 3.10,
between May I - October 31, sea turtle nesting season, without first submitting and
obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits.
3. Petitioner shall notify Current Planning Environmental Staff one week prior to
commencing work seaward of the CCSL and shall again contact Staff within one
week following completion of work seaward of the CCSL.
4. Outdoor lighting associated with construction, or development within three hundred
(300) feet of the high tide line, shall be in compliance with Division 3.10 of the
Collier County Land Development Code.
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5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping
beyond the 1974 Coastal Construction Control Line.
6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune
vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re-
vegetation shall be completed, according to a plan submitted to and approved by
Collier County Current Planning Environmental Staff, prior to the issuance of a
Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune,
this plan shall include mitigation for areas of vegetation removed for construction of
the platforms and storage areas. Non-native vegetation existing on the dune within
the boundary of the Beach Facility parcel shall be removed and replaced with native
vegetation.
7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach
users are requested not to intrude into this re-vegetation area.
8. Petitioner shall submit a Gopher Tortoise survey (and if necessary a plan to barricade
the work area or a Gopher Tortoise relocation! management plan) to Co\lier County
Current Planning Environmental Staff for review and approval, prior to any site
improvements or obtaining any building permits.
9. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for
Gopher Tortoise) prior to any site improvements or obtaining any building permits.
10. Petitioner shall field locate platforms and storage areas to avoid or minimize potential
impacts to existing Gopher Tortoises and their burrows.
11. Petitioner shall remove all exotic vegetation from the boundary of the North Beach
Facility in accordance with the Collier County Land Development Code, Section
3.9.6.6.
12. Minor revisions to Coastal construction Setback Line Variance CCSL-200Q-4A
(including changes in siting and structures) may be approved, in writing, by the
Planning Services Director or hislher designee.
This Resolution adopted after motion, second and majority vote favoring same.
DONE AND ORDERED this
BY:
TIM
~~/~
DATE: ~Ll \lJD
ATTEST: ..
DWIGHT E. BROCK, Clerk
~tmt as 'to Chl11'111R'S
, ,,_at"" only.
.~\.~ '^ hr-,J--
DEPUTYfLERK' {'.."" .
Approved as to Form and Legal
Sufficiency:
m~u.L I}}. ~-Lt
MaIJo M. Student
Assistant County Attomey
LEGAL DBSCRIPTION
17G
1"
PBLICAN BAY - SOUTH BEACH
........
All that part of Section 8, Township 49 South, Range 25 East,
Collier County, Florida and being described as follows:
Commencing at the northwest corner of Parcel "D", Pelican Bay
Unit One according to the plat thereof as recorded in Plat
Book 12, pages 47 thru 52, Collier County Public Records,
Collier County, Florida; thence along the westerly line of
said Parcel "D", South 1039'00" East 167.00 feet; thence
South 77045'59" West 1866.52 feet to a point on the Florida
Department of Natural Resources Coastal Construction Control
Line and the POINT OF BEGINNING of the parcel herein
described;
thence continue along said Control Line South 4011'15.7"
East 618.31 feet; thence continue along said Control
Line South 5052'49.9" East 425 feet more or less to the
Mean High Water Line of Clam Pass: thence northwesterly
along the Mean High Water Line of said Clam Pass and
northwesterly along the Mean High Water Line of the Gulf
of Mexico, 1150 feet more or less to a point which lies
on a line that bears South 89026'00" West from the Point
of Beginning; thence along said line North 89026'00"
East 181 feet more or less to the Point of Beginning of
the parcel herein described; subject to easements and
restriction of record.
PELICAN BAY - NORTH BEACH
Commencing at the Northeast corner of the Northwest one-
quarter (NW1/4) of said Section 4, Township 49 South, Range
25 East; thence North 89038'59" West, along the North line of
said Section 4, a distance of 2642.02 feet to the Northwest
corner of said Section 4 and the Northeast corner of said
Section 5; thence continue North 89038'59" West, along the
North line of said Section 5, a distance of 1283.47 feet to
the intersection with the Florida Department of Natural
Resources Coastal Construction Control Line, as recorded in
COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along
said Coastal Construction Control Line the following courses:
South 11023'55.5" East a distance of 142.75 feet to a point
on the Coastal Construction Control Line, said point being
South 38049'24.3" East, a distance of 322.15 feet form P.R.M.
64-78-A-07; thence South 10039'14" East, a distance of
1027.72 feet; thence South 08023'14.6" East, a distance of
1007.78 feet to a point, said point being South 86054'27"
East, a distance of 68.13 feet from Permanent Reference
Monument R-35; thence South 08009'45" East a distance of
419.48 feet to the POINT OF BEGINNING of the parcel described
herein:
thence continue South 08009'45" East along said Control
Line for 562.00 feet; thence leaving said Coastal
Construction Control Line, proceed due West for
approximately 228 feet to the Mean High Water Line of
the Gulf of Mexico; thence proceed Northerly along the
Mean High Water Line for approximately 562 feet; thence
proceed due East for approximately 225 feet to the Point
of Beginning on said Coastal Construction Control Line.
AS PROVIDED BY CLIENT
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