Resolution 1997-446RESOLUTION NO.97- 446
RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-97-3,
REQUESTING A VARIANCE FROM TIlE COASTAL CONSTRUCTION
SETBACK LINE TO ALLOW FOR MAINTENANCE DREDGING OF WIGGINS
PASS AND FOR THE PLACEMENT OF BEACH COMPATIBLE SAND ON THE
BEACH AT LELY BAREFOOT BEACH AND DELNOR WIGGINS PASS STATE
RECREATION AREAS
WHEREAS, llarry Huber, from the Collier County Office of Capital Projects Management.
representing the Collier County Board of County Commissioners, 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 for maintenance dredging of Wiggins Pass and to place beach compatible sand, obtained
from maintenance dredging, on the beach at Lely Barefoot Beach and Delnor Wiggins Pass Stale
Recreation Areas seaward of the CCSL; and
WHEREAS, dredging of the channel for Wiggins Pass will extend up to approximately fifteen
hundred { 1500) feet seaward of the adopted CCSL; and
WHEREAS, sand deposited on the beach will extend up to approximately five hundred (500) feet
seaward of the adopted 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 Gro,,vah Management Plan -
Conservation and Coastal Management Element.
NOW, T}tEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS
OF C'OLLIER COUNTY, FI.ORIDA, that: Variance Petition CCSL-97-3 be approved, subject to the
following condition*.:
All proposed improvements shall be designed in accordance with the standards of thc Florida
Department of Environmental Protection (FT)EP), Division of Beaches and Shores. and an approved
FDEP permit shall be obtained, and copies provided, prior to the start of construction.
Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone.
defined by Collier County [.and Development Code, Division 3.10, between May I - October 3 I. sea
tt,rtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in
Sea Turtle Nesting Area Permits.
If it is necessary for vehicles to be on the beach during construction, a Collier County Vehicle on the
Beach Permi! shall be required, subject to review and approval by Current Planning Environmental
Staff. Vehicle on the Beach Permits will not be issued during sea turtle nesting season per Collier
County I.and Development Code Section 3.14.6.
In the event protected species, burrows or nests are encountered dunng construction, v,'ork shall cease.
and Current Planning Environmental Staff shall be contacted immediately.
Petitioner shall notify Current Planning Environmental Staff one weck prior to commencing work
seaward of the CCSL and shall again contact Staff within one week following completInn of work
seaward of thc CCSL.
Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974
Coastal Construction Control Line.
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7. Minor revi~tiom to Co~tal Co~tn~ion S~tback Line Variance CCSL-97-3 may be approved, in
writing, by the Planning Service~ Director or his&er designee.
This Remlution adopted after motion, second and rmjority vote favoring ~ame.
DONE AND ORDERED this ..-.,) .3'-"
· ATTEST:'
DW1GtlT E. BRC~,
' A~oved ~ to Fora ~
A~is~ant C~n~
BOARD OF COUNTY COMMISSIONERS
ccfl-97.3 RESOLUTION