Resolution 1995-247
RESOLUTION NO. 95-247
12 C
3
RESOLUTION APPROVING WITH CONDITIONS
PETITION CCSL-94-15 REQUESTING A VARIANCE
FROM THE COASTAL CONSTRUCTION SETBACK
LINE TO ALLOW THE EXPANSION OF EXISTING
BEACHSIDE FACILITIES, INCLUDING A SECOND
COVERED PAVILION, A SECOND STORY TO THE
EXISTING PAVILION, A SHORE PARALLEL
BOARDWALK, A MAINTENANCE BOARDWALK AND
TWO DUNE WALKOVERS, LOCATED AT 280
VANDERBILT BEACH ROAD, IN SECTION 32,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, Dorothea Zysko of Wilson, Miller, Barton and Peek,
Inc., representing the Ritz-Carlton Hotels, a Georgia Limited
Partnership; requests a variance from the Coastal Construction
Setback Line (CCSL) as required by Collier County Ordinance No.
91-102 Division 3.13, as amended, to allow the expansion of existing
beachside facilities, including a second covered pavilion, a second
story to the existing pavilion, a shore parallel boardwalk, a
maintenance boardwalk and two dune walkovers, located at 280
Vanderbilt Beach Road; and
WHEREAS, the subject property is located on a stretch of
undeveloped shoreline within the Pelican Bay PUD; and
WHEREAS, a second covered pavilion will extend approximately
thirty (30) feet seaward of the adopted coastal construction setback
line (CCSL); and
WHEREAS, existing food service facilities will be relocated to
the second story addition of the existing pavilion with the first
level functioning primarily as a banquet facility. The proposed
structure will be constructed within the footprint of the existing
building to the extent practicable; and
WHEREAS, the proposed dune walkovers will extend approximately
one hundred twenty-five (125) feet seaward of the adopted coastal
construction setback line (CCSL); and
WHEREAS, the proposed shore parallel boardwalk will extend
approximately sixty (60) feet seaward of the adopted coastal
construction setback line (CCSL); and
12C 3
WHEREAS, the proposed maintenance boardwalk will extend
approximately fifty-five (55) feet seaward of the adopted coastal
construction setback line (CCSL); 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
Element.
Conservation and Coastal Management
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition
CCSL-94-15 be approved subject to the following conditions:
1. The covered pavilion, banquet facility, shore parallel
boardwalk, maintenance boardwalk and dune walkovers shall be
designed in accordance with the standards of the Florida
Department of Environmental Protection (FDEP) and approved by
the FDEP Division of Beaches and Shores. These structures may
be field adjusted to minimize impacts to adjacent coastal dune
vegetation.
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 1 - October 31,
sea turtle nesting season, without first submitting and
Obtaining FDEP and Collier County Construction in Sea Turtle
Nesting Area Permits.
3. Construction of the dune walkovers shall not occur during sea
turtle nesting season. (CCLDC, Section 3.10.7.2)
4. If it is necessary for vehicles to be on the beach during
construction, a Collier County Vehicle on the Beach permit shall
be required, subject to review and approval by the Collier
County Planning & Technical Services - Environmental Staff prior
to any construction activity. Vehicle on the Beach Permits
will not be issued during sea turtle nesting season per Collier
County Land Development Code Section 3.14.6.
In the event protected species, burrows or nests
during construction, work shall cease, and
Planning & Technical Services - Environmental
contacted immediately.
6. Petitioner shall notify Collier County Planning & Technical
Services - Environmental Staff one week prior to commencing work
seaward of CCSL and shall again contact Staff within one week
following completion of work seaward of CCSL.
5.
are encountered
Collier County
Staff shall be
7. 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 Collier County Land
Development Code.
8. Petitioner shall utilize native coastal dune vegetation for all
on-site landscaping.
12C 3
9. Prior to completion of construction, all exotic vegetation, as
defined by County Code, shall be removed from all areas seaward
of the CCSL and the property owner shall be responsible for
subsequent annual exotic removal.
10. Minor revisions to Coastal Construction Setback Line Variance
CCSL-94-15 (including changes in siting and structures) may be
approved, in writing, by the Planning Services Department
Director or his/her designee.
This Resolution adopted after motion, second and majority vote
favoring same.
DONE AND ORDERED this
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. Dav d C. We g
Assistant County
day of ~,--L--. 1995.
BOARD OF COUNTY
COLLIER COUNTY,
COMMISSIONERS
F;Y;
TTHEWS, CHAIRMAN