Resolution 1999-36117N
RESOLUTION NO.99-._.:3~1
RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-99-2,
REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK
LINE TO ALLOW FOR CONSTRUCTION OF ADDITIONAL DECKING LOCATED
AT CLAM PASS COUNTY PARK BEACH FACILITY, PELICAN BAY PLANNED UNIT
DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL.
WHEREAS, Coastal Engineering Consultants, representing the Collier County
Board of County Commissioners, requests a vadance from the Coastal Construction
Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13,
as amended to allow for construction of additional decking located at Clam Pass County
Park beach facility, Pelican Bay Planned Unit Development (see exhibit A): and
WHEREAS, the subject property is located at the Clam Pass County Park within
the Pelican Bay PUD; and
WHEREAS, the proposed activity will extend approximately one hundred thirty
(130) feet seaward of the CCSL for the construction of new decking; and
WHEREAS, the proposed activity is consistent with Collier County Growth
Management Plan Policy 11.5.4, which approves passive recreational structures which
minimize interference with natural function of beaches and dunes; and
WHEREAS, the petitioner proposes to mitigate for the removal of native dune/
strand vegetation from the areas where the decking will be constructed; and
WHEREAS, the petitioner will avoid or minimize impacts to the Gopher todoise
population, which exists within the near vicinity of the project, by obtaining necessary
Gopher tortoise permits from Florida Fish and Wildlife Conservation Commission; 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 Collier County Growth Management
Plan - Conservation and Coastal Management Element.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-
99-2 be approved, subject to the following conditions:
1
I?N
All proposed improvements shall be designed in accordance wilh 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.
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 1 - October 31, sea turtle nesting season, without first submitting and
obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits.
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.
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 /he
Collier County Land Development Code.
Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping
beyond the 1974 Coastal Construction Control Line.
Petitioner shall re-vegetate the dune where the dune is devoid of coasta: 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 to construct
decking and ramps.
Petitioner shall install appropriate signs in the re-vegetation area indicating that
beach users are requested not to intrude into this re-vegetation area.
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 Collier County
Current Planning Environmental Staff for review and approval, prior to any site
improvements or obtaining any building permits.
Petitioner shall submit copies of all necessary agency permits (i.e. Florida Fish and
Wildlife Conservation Commission for Gopher tortoise) prior to any site
improvements or obtaining any building permits.
10. Petitioner shall field locate handicapped ramp, boardwalk and decking to avoid or
minimize potential impacts to existing Gopher todoise and their burrows,
11. Petitioner shall remove all exotic vegetation from the boundary of Clam Pass Park in
accordance with The Collier County Land Development Code Section 3,9.6,6.
12. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-2
(including changes in siting and structures) may be approved, in writing, by the
Planning Services Director or his/her designee,
2
17N
This Resolution adopied after motion, second and majority vote favoring same.
DONE AND ORDERED this. /~" day of, .~, 1999.
ATTE'ST: ,
DWIGHT I~. BROCK, Clerk
Approved as Io Form and Legal
Sufficiency:
Assistant Courtly Altorney
BOARD OF COUNTY COMMISSIONERS
BY:~.._~.__L ~ / ~___'~
PA~.. MA~ CHA~
ccsl-99-2 RESOLUTION
3
0075 931
........ __F.~H I B I T "A"
000966
~g2 AP~ 13 PR~20
OR BOOK
d~JIT-Q~ Dq
oo,,,, 17N
PAGE
This ~lt-Clatm Good. ~ecut~t this
~NIA~ttr ~e~ tO tt ~. to
~LLl9 ~. ~ political s~t~slon of t~ St~t, of Flortdc
v~ ~st~flc, ~ss ts ~11t~r ~y ~ver~nt ~1~. X~les.
Fl~lda ~2
(~r used ~ln ~ ~ms '~' ~ '~E' Shall t~lude
S!q~llr a~ plurll. ~I~. lqll ~,~tt~s. a~ asstuns 0f
I~lvidulls. i~ t~ S~CISSO~
t~ cont~t ~o ~lts or
~t ~. 4s I gift ~ In Felftll~K ~ ItS 0b!lgitlons u~r t~
Pellc~ Ii~ ~ 0~!~l (~11t~
t~ U.S. ~ ~s of [qlme~ ~mtt
t~ ~bllc ~o~s ~ ~111er ~unty. ~ortdl. ~S
quite!ill unto ~K[[ al1 t~ right, title, latm~st, c141m a~ d~a~ ~tch
~ ~s tn I~ to t~ fo11~t~ descrl~
situate. 1~ z~ ~t~ In t~'~ty of ~11fer, State of F1orld4. to-vtt:
Po~onS of S~tlons 32 ~ 33, T~shlp 48 ~th, Ra~e 2S [~t, ~11ter
~tT. F~ortda ~ Portions of
Ra~e ZS East. ~11fer ~nty. F1o~dl.
Pa~el I (~lnifter ~fe~4 to as P~ SITE) I~ Pa~el I~ (~r~lnifter
~er~d to as ~K5~YATI0ff ~) on ~lblt 'A' to ~du~e 'A', attic~4
~tO a~ ~4de a pa~ ~of.
T~es i~ zsses~nts for 1~2 4~ su~ ~lrs;
~o~ ?n ~ftcla] ~o~s ~k ~, Pa~s 18~ thigh 1~0,
t~1ust~, of ~ ~bllc ~co~s
3) T~t ce~atn ~TI01
4) ~ ~se~ ~g~ ~ ~ ~ ~t, ~rite ~ maintain
c~&ln mlttglt!~ ~tl~ttes is ~IM b~ tM U.S. ~ ~s of
[~fme~ Pe~t ~. 7~ (~ 18, 1~81), ~Klll ~ltton
b., is ~ In ~ftclll
~ilr, ~l~e or ~ht~
utilities, is ml ~ ~ b~ ~rtite ~ntil ~tes
. This Instrument prepared by:
'~ Peter I~ Neck
S~el l~lfcm lay Blvd.
"' Imles, FL 33~4~
V. Nagl~, D.C.- ~
000955
OR BOOK PAGE
~Y~S). ~ P~ SITE ~L ~TI~LI RE~T TO ~T~,
T~ ~E~ ~T ~~ ~ FI~ P~I~ ~ ~IFIED ~ Wi~M AT
IE~ ~ RI~E~LLI~ ~[RTI~, 1~. ~ ~LI~ ~U~Y, THE ~OPLRTY
~.G~VATIO~ ~EA: ~E ~VATIOM ~EA ~ O~Y BE ~EO FOR ~NSERVATION
~~[ I~ NOT LIMIT~ TO S~ ~S~
~IOR ~ ~ EA~ R~, WI~IFE Ol~l~, ~EMIC 6EA~Y ~O
~lC V~ ~ ~E ~. ~ 8UILDI~, ~E, F~ILITY OR ~R
~~ ~ BE ~EO 1g T~ ~VATION ~ U~S IT IS P~I~EO BY
DE~TIOI ~ ~S~I~IO~ ~O U~IL ~ ~ ISS~ ITS PRI~ WRI~M
~ ~, ~T IM [~ ~LE ~0 M~ OIS~ETION, RE~ ~O~SEO
~U~ ~ F~ILITIES IN ~M~RVATION ~, R~.ESS OF W~H~ S~H
~R~ ~ F~ILI~ IS A P~I~EO ~E U~ T~ OE~TION OF
RES~I~10~. IF ~ ~N~RVAT[OM ~EA, ~ ~ ~RTIOM ~EOF, IS EV~ US~
IN VI~ATIOM OF THeE ~ISIO~, ~ERYATION ~EA ~L A~TI~LY RE~RT
TO
TO ILAYE AJ~ TO HOlD THE SJ~E tcwjether with all a~ st~ular t~
mpur~es t~u~o ~1o~1~ or tn a~l~ ~e~aln;~, a~ all t~
esta~, ~t, tttle, lnte~st, lien, 2~{t~ ~ claim ~ts~r of
ett~r In la~ or e~ity, to t~ only ~er use, ~lt a~ be~ of ~EE
foyer.
IN VITNESS 14~EREOF. CORAL RIDGE-COLLIER PROP£RTIES. INC.. a Florld~
corl)orstlOn, has signed and sealed these presents the day and year first above
wrttten.
Signed, sealed and delivered
in the presenCe of:
STATE OF FLOlIIBA I
CO UlIT? OF' CO(.LIDI '; .......
! MEREIT C~TIFY Lhat on this day, be¢ora me, ~n officer duly authorized In
the Strata ~or~s~ld and tn the C~nty ,,for~ald to take acknowledgments,
personal17 appeared RO~S P. O~LEY, President of' Caral Rtdge-C411ter
Imra~ertleso Inc., to me knov~ to be the person described in a~ ~ executed
the foregoing lnstrmment and he ackno-~ledged before me that Jm executed the
WITNF. SS my band and oClielm1 seal in the County and State last.'~o.rtsal.dA2~4,.
thts 131:h day m' ~rtl, lgSZ. .:.~+.-"'~ 0"".'~'"
Pa~' Z of 2o
EXHIBIT "B"
0 0 0 0
o
z
o
N
Z
0
N