Resolution 2003-355
7a
RESOLUTION NO. 03-..l5.5.
A RESOLUTION APPROVING WITH CONDITIONS PETITION
CCSL-2001-5/AR-1922 REQUESTING A VARIANCE FROM THE
COAST AL CONSTRUCTION SETBACK LINE (CCSL) TO
ALLOW CONSTRUCTION OF A MULTISTORY RESIDENTIAL
BUILDING, A PARKING STRUCTURE, TWO SWIMMING
POOLS WITH EXTENSIVE PAVER DECKING, AND A WOODEN
BOARDW ALK CONNECTING TO A HANDICAPPED BEACH
ACCESS RAMP ALL OF WHICH ARE LOCATED ON
PROPERTY KNOWN AS THE VANDERBILT BEACH MOTEL
WITH A STREET ADDRESS OF 9225 GULFSHORE DRIVE
NORTH IN AN AREA GENERALLY KNOWN AS VANDERBILT
BEACH AND MORE P ARTICULARL Y DESCRIBED AS LOT 4,
BLOCK A, CONNERS VANDERBILT BEACH EST A TES UNIT
NO. I, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, Brett Moore of Humiston and Moore Engineers, representing
the Vanderbilt Beach Motel, requests a variance from the Coastal Construction Setback
Line (CCSL) as required by the Collier County Land Development Code, Division 3.13, as
amended, to allow construction of a multi-story residential building, a parking structure, two
swimming pools with extensive paver decking and a wooden boardwalk connecting to a
handicapped ramp (Exhibit A); and
WHEREAS, the proposed structures will extend approximately one-hundred-thirty feet
seaward of the adopted CCSL; and
WHEREAS, the buildings will not extend further seaward than the building on the parcel
immediately adjacent to the north of this property.
WHEREAS, an extensive paver brick terrace will extend seaward of the pools,
approximately 100 feet beyond the CCSL but the area will be minimized to the greatest extent
possible; and
WHEREAS, the subj ect property is located on the west side of Gulf Shore Drive
approximately one-quarter ofa mBe north of Vanderbilt Drive; 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, Conservation and Coastal Management Element.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Variance Petition CCSL-2001-5/ AR-1922 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, Division 3.10, between May 1 and
October 31, 2003, or beyond, 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, Division 3.10.
5. Minor structures such as pools shall have minimal deck areas, not to exceed an average of 15
feet in width, around each pool. Pathways not to exceed 5 feet in width shall be provided
from the new building to the pools.
6. The pathway from the pool to the dune walkover shall not be constructed with pavers. It may
consist of grass or a wooden pathway.
7. All areas seaward of the CCSL, outside of the footprint of approved minor structures, shall be
left in their natural condition, or landscaped using native coastal dune or strand vegetation
exclusively.
8. The petitioner shall utilize only native coastal dune vegetation for all on-site landscaping
beyond the 1974 Coastal Construction Control Line, with the exception that sod made be
used, as it has been permitted throughout the Vanderbilt Beach coastal area.
9. The petitioner shall re-vegetate the beach immediately seaward of the existing seawall 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.
10. The petitioner shall install appropriate signs in the revegetation area indicating that beach
users are required not to intrude into this revegetation area.
11. 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, including Division 3.17. Said
reconstruction may require a new CCSL variance.
12. 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.
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13. Minor reVISIOns to this approval (including changes in siting and structures) may be
approved, in writing, by the Environmental Services Director, or his/her designee.
14. The petitioner shall grant an easement in favor of Collier County for the purposes of public
beach access. The easement shall be five feet in width and run along the entire northern
boundary of the subject property from the Gulf Shore Drive right-of-way to the beach.
This Resolution adopted after motion, second and majority vote.
DONE AND ORDERED this
1% day of [)e...-l.ober , 2003.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DATE:
IO-ILl-cl>
I
ATTEST:
DWIGHT E. BROCK, Clerk
BY: ';'l.:
TOM HENNING,
....;~ ~".C~ . ::'.~
"&,,\:~i~,~
DEPUTY CLERK",- .
;Attest as ~~irlla $
AP)Jr~efrs1o"o\~ and Legal
Sufficiency:
-m~~Ih.~
Marjori tudent
Assistant County Attorney
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