Agenda 06/22/2010 Item #10A
Agenda Item No. 10A
June 22, 2010
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve the conceptual plan for replacement of the
Vanderbilt Beach restrooms and approval to move forward with design,
permitting and bidding of a new beach park facility at this location along with
authorization of associated budget amendments.
OBJECTIVE: Obtain conceptual plan approval for the replacement of the Vanderbilt
Beach restrooms and approval to move fOlWard with design and permitting of a new
beach park facility at this location.
CONSIDERATIONS: The BCC directed staff on January 15, 2008 to develop a plan to
upgrade the existing Vanderbilt Beach restroom facility to address overall community
needs consistent with current County practices and existing beach park facilities. The
existing Vanderbilt beach restrooms are approximately 15 years old, in need of
significant refurbishment and are undersized to meet current public demands.
Vanderbilt Beach is one of the County's most popular beach parks. Adequate beach
parking exists at this location through the recently completed parking garage on
Vanderbilt Beach Road. .
The layout for this new facility is within the vegetation buffer just to the south of
Vanderbilt Beach Road and located within the existing footprint and just slightly west of
the existing bathrooms. The new and existing facilities are located seaward of the State
of Florida's Coastal Construction Control Line (CCCL) and the County's Coastal
Construction Setback Line (CCSL). Construction of this new facility will require a permit
from the State of Florida and CCSL variance from the County. The facility is also
outside/seaward of the existing SFWMD preserve boundary and located within the
existing beach vegetation line to assure that beach views from Vanderbilt Beach Road
looking west and views walking along the beach are not compromised.
The plan includes:
. Elevated construction to conform the FEMA Vertical Elevation (VE) guidelines of
VE 16. This requires that the structure be elevated 10 feet above the
approximate beach elevation of 6. feet. The Restroom and Concession building
will be approximately 30 feet above the beach elevation with possibly only the
very tops of these structures visible above the tree canopy.
. A total facility footprint of 3,800 SF that includes:
o An elevated facility of 2,650 SF that houses:
1. A 750 SF elevated bathroom that houses 6 women's commodes
and 2 urinals and 2 commodes for men.
2. A 400 SF elevated concession stand providing similar menu items
currently served on the beach.
3. A 1,500 SF elevated deck with seating for eating and beach
viewing.
o 1,150 SF of ramps and stairs to allow handicap access to this facility.
Agenda Item NO.1 OA
June 22, 2010
Page 2 of 21
o Ground fioor facilities that will be used for concession storage, equipment
storage, shade structure for beach goers, a dumpster position and a lift
station for waste removal.
. Improved landscaping and aesthetic upgrades to the turnaround at the west end
of Vanderbilt Beach Road.
. Completely encapsulated by existing and proposed vegetation to protect resident
and visitor privacy and beach views.
These facilities are consistent with the existing beach park facilities at Tigertail, Clam
Pass, Barefoot and Lowdermilk Park which have concessions and elevated facilities at
Barefoot, Clam Pass and Tigertail.
Staff has reviewed these plans extensively with the Pelican Bay Foundation and the
surrounding community. The Pelican Say Foundation holds restrictive covenants on
this parcel as a condition of the property deed transfer. On February 27, 2009 by a vote
of 7-0, this plan received conceptual approval from the Pelican Say Foundation. On
May 21, 2010, the Pelican Say Foundation granted approval of this facility with the
stipulation that the County add security cameras, night time lockable gates, and
approval of the concession operation prior to startup. The county is also required to
obtain Pelican Say Foundation approval of the detailed construction specifications and
drawings prior to construction. A copy of the May 21, 2010 Pelican Bay Foundation
approval letter is attached.
Staff has also reviewed these plans with several interested homeowner associations in
the community.
ADVISORY COMMITTEE RECOMMENDATIONS: This plan has also been approved
by the PARAS on February 18, 2009 by a vote of 4-0.
FISCAL IMPACT: The Cost of this facility is estimated at $1,200,000 and will be
provided from Category A Tourist Development Tax Fund 183 - Seach Park Facilities.
A budget amendment will be required to allocate the necessary funds from Fund 183
reserves.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Soard action. - CMG
RECOMMENDATION: Recommendation to approve the conceptual plan for
replacement of the Vanderbilt Beach restrooms and approval to move forward with
design, permitting and bidding of a new beach park facility and associated budget
amendments.
PREPARED BY: Gary McAlpin - Director, Coastal Zone Management
Item Number:
Item Summary:
Meeting Dale:
Agenda Item NO.1 OA
June 22, 2010
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
This item to be heard at 11 :00 a.m. Recommendation to approve the conceptual plan for
replacement of the Vanderbilt Beach restrooms and approval to move forward with design,
permitting and bidding of a new beach park facility at this location along with authorization of
associated budget amendments. (Gary McAlpin, Coastal Zone Management Director)
6/22/20109:00:00 AM
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
Date
County Attorney
513120108:44 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
5113120104:23 PM
Gary McAlpin
Public Services Division
Director - Coastal Management
Programs
Date
Coastal Zone Management
6/4/201010:16 AM
Approved By
Marla Ramsey
Public Services Division
Administrator - Public Services
Date
Public Services Division
6/91201011 :29 AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
6/9120103:27 PM
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
Date
County Managers Office
6111120104:53 PM
PELICAN
EiBAY
Aqenda Item NO.1 OA
- June 22, 2010
Page 4 of 21
Pelican Bay Foundation, Inc.
May 21, 2010
Via Mail and Email
J. Gary McAlpin, Director
Coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 341 16
RE: Plans for Vanderbilt Beach Bathrooms and Concession Stand
Dear Mr. McAlpin,
In connection with the county's request for the approval of the Pelican Bay Foundation (the
"Foundation") of preliminary conceptual and design plans (the "Conceptual Plans") for proposed new
bathrooms and a concession stand at Vanderbilt Beach, we have previously responded to you via a
letter dated March 26, 2010. We have also met with you, Marla Ramsey, Collier County Public
Services Administrator, and Leo Ochs, Collier County Manager, to discuss the Conceptual Plans. We
are pleased to be able to advise you that, subject to the following, we are able to approve the
Conceptual Plans.
As you are aware, the Foundation has the obligation to review the Conceptual Plans pursuant to the
Quit Claim Deed (the "Deed") and Declaration of Restrictions and Protective Covenants (the
"Declaration") recorded in OR Book 0966, pages 1864-1875, such Declaration as amended by an
Amendment to Restrictions and Protective Covenants (the "Amendment") recorded in OR Book
3460, Pages 1484-1490 (as amended, the "Protective Covenants").
We are aware that there was a previous dispute between Collier County and the Foundation's
predecessor in title, WCI Communities, Inc., over the validity of the Protective Covenants. That
dispute led to a lawsuit that was settled pursuant to a Settlement Agreement dated as of November ] 8,
2003, recorded in OR Book 3460, pages 149]-15]8. Under the terms of the Amendment and the
Settlement Agreement, Collier County agreed (I) that it is bound by the Protective Covenants as
amended by the Amendment, and (2) to abide by and to comply with the Protective Covenants.
On May 8, 2008, WCI Communities, Inc, delegated and assigned to the Foundation all of wel
Communities, Inc.'s rights, powers, and obligations set forth in the Declaration, as amended, and all
of the rights and easements reserved in the Deed, to include without limitation all enforcement rights
and the right, power, and authority to grant waivers and variances from the covenants, conditions, and
restrictions set forth in the Declaration, as amended, and in the Deed.
The Protective Covenants (i) provide that no structure or facility shall be commenced, erected,
improved or altered without the prior written approval of the Foundation, (ii) impose certain building
setback lines, site restrictions, and building size and height restrictions, (iii) provide that the
Foundation may reject plans, proposals, and specifications based upon any grounds or reasons
1
Pelican Bay Foundation, Inc.. 6251 Pelican Bay Boulevard. Naples, Florida 34108
(239) 597-8081. (239) 597-6802 FAX. E-Mail: memberservices@pelicanbay.org
Agenda Item No. 10A
June 22. 2010
Page 5 of 21
whatsoever, including purely aesthetic grounds, in its sole and absolute discretion, and that the
Foundation's decision to approve, reject or withhold its approval of such work may, in the sole
exercise of its discretion, be based upon (a) the harmony of its exterior design, color and location in
relation to, and its affect upon, surrounding structures, vegetation, topography, and the overall
community design, (b) the character of the exterior materials, (c) the planned quality of the exterior
workmanship, (d) the Foundation's design and construction standards, (e) the General Development
Plan, and (0 any other material and relevant factors.
The Protective Covenants also provide that (I) no food or drink concessions shall be permitted
without the Foundation's prior written approval, (2) no building or facility on the site shall exceed
] ,000 square feet per structure, (3) no building or structure shall exceed 20 feet in height above the
finished grade of the site, (4) the minimum setback shall be 40 feet from the southern property line
and 20 feet from the northern property line, and (5) a plan for the removal of any vegetation shall be
submitted to the Foundation for its prior written approval.
As we have previously advised you, the Foundation strongly supports the county's efforts to improve
the bathrooms at Vanderbilt Beach. The Foundation's predecessor in interest gave this property to
the county for the purpose of facilitating the use of Vanderbilt Beach by county residents, and we
believe that the new facility contemplated by the Conceptual Plans, with the limitations discussed
below, is an amenity that will greatly facilitate the use of Vanderbilt Beach by residents and visitors
alike.
Following our meetings with you, and the various presentations that you have made to the Foundation
regarding the County's plans, we have consulted with both the management of the Ritz Carlton Hotel
and numerous other Collier County residents who would be affected by the new facility, including the
Vanderbilt Beach Residents' Association, to ascertain their reactions to the Conceptual Plans. Our
letter of March 26 set forth their concerns in some detail. Specifically, both the Ritz and the
Vanderbilt Beach Residents' Association urged the county to reduce the size of the building to a
smaller attractive restroom facility only, to make the facility one story, and to eliminate the food and
beverage concession completely. We also noted that the North Naples Community Alliance, a
consortium of member associations from Beachwalk, Naples Park, Pavilion Club, Pelican Bay,
Pelican Marsh, Pine Ridge, and Vanderbilt Beach, also supported the position taken by the Vanderbilt
Beach Residents' Association. Since that time, we have also heard separately from representatives of
Beachwalk, who expressed regret at not having been given the opportunity to hear the county's
presentation on the new facility, and who also mirrored the objections of the Vanderbilt Beach
Residents' Association.
As our letter of March 26 further indicated, in light of these strong community objections to the
proposed plans, the Foundation sought guidance from the three candidates running for the position of
County Commissioner from the Second District, in which the propelty in question is located. We
have consulted the candidates rather than the current Commissioner for the Second District since he
has announced that he is not running for reelection, and since these plans will come before the County
Commissioners for approval after his successor has been chosen and seated. Our letter noted that we
were advised by each of Georgia Hiller, Joe Foster, and Gina Downs that they support the position
taken by the Vanderbilt Beach Residents' Association with respect to the proposed plans (which
position is essentially the same as that of the Ritz).
2
Agenda Item No. 10A
June 22, 2010
Page 6 of 21
We understand that since our letter of March 26, you have met with representatives of the Vanderbilt
Beach Residents' Association, and presumably also with other affected residents of Collier County.
We have viewed the drawings that you prepared for those meetings, and, as indicated, we met with
you, Marla Ramsey, and Leo Ochs to discuss these community concerns as well as possible changes
to the Conceptual Plans to address those concerns.
In light of the substantial progress that we made in our meeting, we can advise you that the
Foundation is prepared to approve the Conceptual Plans provided the following conditions are met:
. Appropriate landscaping is put in place to screen the new facility, such landscaping to be
subject to the reasonable approval of the Foundation. The primary purposes of the
landscaping will be to protect the privacy of the condominium building to the north of the
facility and to minimize the visual impact of the size and height of the new facility.
. Appropriate security measures are put in place to ensure that the new facility is not used after
dusk, such security measures to be subject to the reasonable approval of the Foundation.
Those security measures would include a gate to prevent entry to the deck, locks on the
restroom doors, and 24/7 security cameras.
· Appropriate security measures are put in place to ensure that the new facility is adequately
patrolled by the Sheriff's office, such security measures to be subject to the reasonable
approval of the Foundation.
. The concession stand will not have a grease trap.
. Appropriate trash collection and clean up measures are put in place to ensure that trash is
cleaned up and collected adequately, such measures to be subject to the reasonable approval
of the Foundation.
. Prior to any demolition, clearing, or construction being commenced, or to the project being
submitted for bidding, the Foundation and Collier County agree in writing to the foregoing
and (1) that the waiver by the Foundation of its rights under the Protective Covenants in
approving the Conceptual Plans and any subsequent design proposals and construction plans
and specifications does not constitute a waiver of the Foundation's right to enforce the
Protective Covenants at any time in the future, (2) that any extension or alteration whatsoever
of the new facility will require the approval of the Foundation in its sole and absolute
discretion, and (3) that the Protective Covenants, as amended by this agreement, are valid and
binding on Collier County and that Collier County will abide by and comply with them at all
times in the future.
. The Foundation reserves the right to approve design proposals and construction plans and
specifications that are consistent with the Conceptual Plans, and to enforce the Protective
Covenants, in accordance with the terms ofthe Declaration, as amended.
On behalf of the Foundation, I can say that we are pleased to have been part of what we consider to
have been a very positive and constructive dialogue with members of Collier County staff. We
3
Agenda Item No. 10A
June 22, 2010
Page 7 of 21
believe that the outcome protects the legitimate interests of those affected by the Conceptual Plans
while providing Collier County residents with an amenity with which we can all be proud.
Sincerely,
PELICAN BAY FOUNDA nON
William Carpenter
Chairman of the Board
~~.
Cc: Collier County Commissioners
Leo Ochs, County Manager
Marla Ramsey, Public Service Administrator
Georgia Hiller
Joe Foster
Gina Downs
Ed Staros
Kathy Robbins
Michael Seef
Pelican Bay Foundation Board of Directors
Jim Hoppensteadt, President, Pelican Bay Foundation
Steve Feldhaus, Secretary, Pelican Bay Foundation
4
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