Resolution 2008-193
RESOLUTION NO. 08_~93
A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-
2008-02/AR-12877 REQUESTING A VARIANCE FROM THE COASTAL
CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW WIDENING OF
THE EXISTING BOARDWALK AND ADD A ROOF STRUCTURE OVER
THE BOARDWALK, ALL OF WHICH ARE LOCATED ON PROPERTY
KNOWN AS RITZ CARL TON HOTEL WITH A STREET ADDRESS OF
280 V ANDERBIL T BEACH ROAD AND MORE P ARTICULARL Y
DESCRIBED AS PARCEL 2.1 LOCATED IN SECTION 32, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Florida Department of Environmental Protection (FDEP) Division of
Recreation and Parks requests a variance from the Coastal Construction Setback
Line (CCSL) as required by the Collier County Land Development Code, Division 9.04.06, as
amended, to widen the existing boardwalk two feet on each side for a total of four feet
and construct a roof structure above the boardwalk to extend between the existing
restaurant kitchen and restrooms (Exhibit "A" and "B"); and
WHEREAS, the proposed structures will extend thirty-eight (38) feet seaward of the
adopted CCSL; and
WHEREAS, the structures will extend further seaward than the building on several parcels
north of Vanderbilt Beach Road; and
WHEREAS, the subject property is located on the west side of Gulf Shore Drive
immediately south of Vanderbilt Beach; and
WHEREAS, the petition is consistent with the Collier County Land Development
Code, Division 9.04.06, as amended; and
WHEREAS, the petition is consistent with the Collier County Growth Management
Plan, Conservation and Coastal Management Element.
1
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Variance Petition CCSL-2008-02/ AR-12877 shall 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 to Collier County
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 Environmental Services 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.
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 are 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
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 determine if any modifications will be required
as a result of changes to the CCSL ordinances.
10. Minor revisions to this approval (including changes in siting and structures) may be
approved, in writing, by Community Development 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.
2
This Resolution adopted after motion, second and majority vote.
DONE AND ORDERED this d t.JJ.~ day of ,'}U/V2.. ,2008.
.-.-
DATE:0UrLd1.~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:L
.
ATTEST:
DW~~,~~~~~~~~C:K, Clerk
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