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Resolution 1992-230 APRIL 14, 1992 RESOLUTION NO. 92- 230 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-92-1 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW THE REMOVAL OF DEAD CABBAGE PALMS (SABAL PALMETTO) FROM THE COLLIER COUNTY CONSERVATION AREA WITHIN THE PELICAN BAY PUD IN SECTIONS 5 AND 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, James P. Ward, Division Administrator of Pelican Bay Services Division, representing the Board of County Commissioners of Collier County, Florida requests a variance from the Coastal Construction Setback Line (CCSL), as required by Collier county ordinance No. 91-102, Division 3.13 to allow the removal of dead cabbage palms (Sabal Dalmetto) from the Collier County Conservation Area within the Pelican Bay PUO; and WHEREAS, in accordance with Sections 16B-33.005 and 16B-33.007 of the Florida Administrative Code, re-vegetation and enhancement of damaged or eroded dune systems is encouraged. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition . CCSL-92-1 be approved SUbject to the following conditions: 1. The project shall be designed and conducted according to the standards of the Florida Department of Natural Resources, Division of Beaches and Shores. 2. All heavy equipment operations and of the Coastal Construction Setback to the Sea Turtle non-nesting season 30). vehicle operation seaward Line shall be restricted (November 1 through April 3. Prior to the issuance of a Vehicle on the Beach Permit seaward of the Coastal Construction Setback Line a gopher tortoise survey shall be required and an appropriate gopher tortoise management plan or gopher tortoise relocation permit from the Florida Game and Fresh Water FiSh Commission shall be submitted to project Review Services Environmental Staff for review and approval if any gopher tortoises are located. 4. If it is necessary for vehicles to be on the beach for the removal of dead cabbage palms and the removal of the remaining prohibited exotic species, the petitioner shall apply for a Vehicle on the Beach Exemption Certificate, subject to the review and approval by the Project Review Services Environmental Staff, prior to any activity. 5. If, during the removal of the dead cabbage palms and prOhibited exotic species, any native dune vegetation is disturbed or removed these areas shall be re-vegetated with native dune vegetation. . 000 PAGe 205 APRIL 14, 1992 6. To facilitate the propagation applicant shall fill in all removal of cabbage palms. 7. As a condition of this resolution the petitioner shall remove the nine (9) mature Australian pines located north of the Pelican Bay's South Beach Facility. of native dune vegetation, the hOles that may be created by This Resolution adopted after motion, ~econd and majority vote favoring same. DONE AND ORDERED this /~r.{ 9-..~'L day of , 1992. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI.oRIDA BY: ltt ~-tJ ~A c Legal . 000 PAGE 206 . ......'>.~.-_~._d__.__.m