Agenda 06/24/2008 Item #17A
Agenda Item No. 17 A
June 24. 2008
Page 1 of 13
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by commission members.
A resolution approving with conditions petition CCSL-2008-02/AR-12877 requesting a
variance from the Coastal Construction Setback Line (CCSL) to allow widening of the
existing boardwalk and add a roof structure over the boardwalk, all of which are located
on the property known as Ritz Carlton Hotel with a street address of 282 Vanderbilt Beach
Road and more particularly described as Parcel 2.1, located in Section 32, Township 48
South, Range 25 East, Collier County Florida
OBJECTIVE:
The petitioner requests the Board of County Commissioners to consider a Variance to the
Coastal Construction Setback Line (CCSL) to expand the existing Ritz Carlton Gumbo Limbo
Boardwalk.
CONSIDERATIONS:
The subject property is located along the Gulf of Mexico immediately south of Vanderbilt
Beach,
Proiect Description:
The petitioner requests widen the existing boardwalk two feet on each side for a total of four feet
and construct a roof structure above the boardwalk to extend between the existing restaurant
kitchen and restrooms. All construction is elevated and there will be minimal impact to the
vegetation. Two Cabbage Palms ((Sahal palmetto) will be removed and replaced. The proposed
structures will extend thirty-eight (38) feet seaward of the adopted CCSL
"Exhibit A" illustrates the location of the boardwalk in relation to the CCSL The boardwalk
shown within the clouded portion of the exhibit is simply a closer detail of the boardwalk
expansion.
"Exhibit B" is the overall site plan and illustrates the location of the boardwalk in relation to the
existing Ritz Carlton hotel and associated improvements.
Page 1 of 5
Aaenda Item No. 17 A
~ June 24. 2008
Page 2 of 13
LAND DEVELOPMENT CODE CONSIDERATIONS:
Applicable sections of the CCSL Variance section of the Land Development Code (LDC) and
staff comments are as follows:
9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line
A. The coastal construction setback line shall be that coastal construction setback line
established by the Department of Environmental Protection of the State of Florida pursuant to
F.S. S ]61.053 and recorded in Coastal setback line Book 1, pages I through 12 inclusive,
recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier
County, Florida.
Staff Comment: The CCSL is shown on Exhibit "A" and is also referred to as the "State of
Florida Dept. of Natural Resources and Collier County Coastal Construction Control Line (per
revised map of record recorded July 29, 1980 Collier County, Florida) as shown on the site plan.
D. If in the immediate contiguous or adjacent area a "number of existing structures" have
established a reasonably continuous and uniform construction line closer to the line of mean high
water than the line as herein established, and if said existing structures have not been unduly
affected by erosion, a proposed structure may be permitted along such line if such proposed
structure is also approved by the BCe.
. Staff Comment: A "number of existing structures" exist on several parcels north of Vanderbilt
Beach Road have established a reasonably continuous and uniform construction line closer to the
line of mean high water than the line as herein established (Exhibit "C"). In addition, the
existing Gumbo Limbo boardwalk and associated structures is seaward of the CCSL on the Ritz
Carlton property. The existing structures seaward of the CCSL on this parcel and parcels north of
Vanderbilt Beach Road have not been unduly affected by erosion.
Page 2 of 5
Aaenda Item No. 17A
" June 24. 2008
Page 3 of 13
GROWTH MANAGEMENT PLAN (GMPl CONSIDERATIONS:
CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP
OBJECTIVE 10.4:
Developed coastal barriers and developed shorelines shall be continued to be restored and then
maintained, when appropriate by establishing mechanisms or projects which limit the effects of
development and which help in the restoration of the natural functions of coastal barriers and
affected beaches and dunes.
Policy 10.4.6:
Require native vegetation as landscaping in development activities in developed coastal barrier
systems and on the beach and dune systems.
Staff comment: The vegetation impacted by the expansion of the boardwalk will be replaced.
Two Cabbage Palms (Sabal palmetto) will be removed and replaced per the Site Development
Plan.
Policy 10.4.7:
Collier County shall prohibit construction seaward of the Coastal Construction Setback Line
except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985, wbere such prohibition would result in no reasonable
economic utilization of the property in question, or for safety reasons. In such cases,
construction will be as far landward as is practicable and effects on the beach and dune system
and the natural functions of the coastal barrier system shall be minimized.
Staff comment: The impacts have been minimized as the proposed expansion is two (2) feet on
both sides of the boardwalk within the currcnt elevated footprint. Due to the boardwalk being
elevated, there is minimal dune being impacted except for two Cabbage Palm. As discussed
before, those two Cabbage Palms will be replaced.
LEGAL CONS1DERA TIONS: This item has been reviewed for legal sufficiency and there are
no outstanding legal considerations. -JW
Page 3 of 5
Agenda Item No. 17 A
June 24, 2008
Page 4 of 13
FISCAL IMPACT:
Approval of this petition would have no fiscal impact on Collier County.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an area of historical
and archaeological probability as referenced on the official Collier County Probability Map.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve to expand the eXlstmg
boardwalk two feet on each side for a total of four feet and a roof structure above the boardwalk
to extend between the existing restaurant kitchen and restrooms for Variance Petition CCSL-
2008-02/AR-12877 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 Engineering
and 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. between May I and October 31,
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 Engineering and 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 bc in compliance with Collier County Land
Development Code.
5. All areas seaward of the CCSL, outside of the footprint of approved structures, shall be left in
their natural condition, or landscaped using native coastal dune or strand vegetation
exclusively.
6. All prohibited exotic vegetation within each project site shall be removed before issuance of
certificate of occupancy for any building. The petitioner shall re-vegetate areas seaward of
the CCSL that are bare after exotic removal with coastal dune vegetation. The re-vegetation
shall be completed, according to a plan submitted to and approved by Collier County
Engineering and Environmental Services Staff prior to the issuance of a certificate of
occupancy.
Page 4 of 5
,;;aanaa item No, 17 A
" June 24, 2008
Page 5 of 13
7. The petitioner shall install appropriate signs in the re-vegetation area indicating that beach
users are required not to intrude into this re-vegetation area.
8. 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. Said reconstruction may require a
new CCSL variance.
9. 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.
10. Minor revisions to this approval (including changes in sltmg and structures) may be
approved, in writing, by the Community Development and Environmental Services
Administrator, or hislher designee.
II. Structures must be designed and permitted pursuant to the Florida Building Code and must
meet all design and elevation standards as mandated by current FEMA Flood Insurance Rate
Maps. Any variance to the mandated requirements must be petitioned separately from this
petition.
PREPARED BY: Summer Araque, Senior Environmental Specialist, Engineering and
Environmental Services Department, Community Development and Environmental Services
Division.
Page 5 of 5
Item Number:
Item Summary:
Meeting Date:
Page I of2
Agenda Item No. 17 A
June 24, 2008
Page 6 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
A resolution approving with conditions petition CCSL~2008-02(AR-12877 requesting a
variance from the Coastal Construction Setback Line (CCSL) to allow widening of the existing
boardwalk and add a roof structure over the boardwalk, all of which are located on the
property known as Ritz Carlton Hotel with a street address of 282 Vanderbilt Beach Road
and more particularly described as Parcel 2.1, located In Section 32, Township 48 South,
Range 25 East, Collier County Flonda.
6/24/2008 9:0000 AM
Prepared By
Summer BrownAraque
Environmental Specialist
Date
Environmental Services
5/21/200811:53:27 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
6/4/20089:04 AM
A pproved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
6/4/2008 11 :51 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
6/6/200812:08 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6/10/200811 :53 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
6/12/20082:16 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
6113/2008 8:39 AM
Approved By
James V. Mudd
Board of County
County Manager
Date
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Page 2 of2
Aaenda Item No. 17 A
~ June 24, 2008
Page 7 of 13
Commissioners
County Manager's Office
6/15/20085:53 PM
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i\g8nda Item No. 17 A
June 24.2008
Page 8 of 13
RESOLUTION NO. 08-_
A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-
2008-02/AR-12877 REQUESTING A VARIANCE FROM THE COASTAL
CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW WIDENING OF
THE EXISTING BOARDWALK AND ADD A ROOF STRUCTURE OVER
THE BOARDWALK, ALL OF WHICH ARE LOCATED ON PROPERTY
KNOWN AS RITZ CARLTON HOTEL WITH A STREET ADDRESS OF
282 VANDERBILT BEACH ROAD AND MORE P ARTICULARL Y
DESCRIBED AS PARCEL 2.1 LOCATED IN SECTION 32, TOWNSillP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Florida Department of Environmental Protection (FDEP) Division of
Recreation and Parks requests a variance from the Coastal Construction Setback
Line (CCSL) as required by the Collier County Land Development Code, Division 9.04.06, as
amended, to widen the existing boardwalk two feet on each side for a total of four feet
and construct a roof structure above the boardwalk to extend between the existing
restaurant kitchen and restrooms (Exhibit "A" and "BOO); and
WHEREAS, the proposed structures will extend thirty-eight (38) feet seaward of the
adopted CCSL; and
WHEREAS, the structures will extend further seaward than the building on several parcels
north of Vanderbilt Beach Road; and
WHEREAS. the subject property is located on the west side of Gulf Shore Drive
immediately south of Vanderbilt Beach; and
WHEREAS, the petition is consistent with the Collier County Land Development
Code, Division 9.04.06, as amended; and
WHEREAS, the petition is consistent with the Collier County Growth Management
Plan, Conservation and Coastal Management Element.
Agenca Item No. 17 A
June 24, 2008
Page 9 of 13
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Variance Pctition CCSL-2008-0l/ AR-12598 shall 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, between May 1 and October 31, of
each year. during the sea turtle nesting season, until construction is completed, without first
submitting and obtaining FDEP and Collicr 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 ofthe 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.
5. All areas seaward of the CCSL, outside of the footprint of approved structures, shall be left in
their natural condition. or landscaped using native coastal dune or strand vegetation
exclusively.
6. All prohibited exotic vegetation within each project site shall be removed before issuance of
certificate of occupancy for any building. The petitioner shall re-vegetate areas seaward of
the CCSL that are bare after exotic removal 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.
7. The petitioner shall install appropriate signs in the re-vegetation area indicating that beach
users are required not to intrude into this re-vegetation area.
8. 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. Said reconstruction may require a
new CCSL variance.
9. 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.
10. Minor revisions to this approval (including changes in sltmg and structures) may be
approved, in writing, by Community Development Administrator, or hislher designee.
11. Structures must be designed and pem1itted pursuant to the Florida Building Code and
must meet all design and elevation standards as mandated by current FEMA Flood
Tn<::11r~n('f-' R ~It(> 1\A~n<:.: A nv vnrinnr"f' fA th"" m<:tnr1<,tr",.-I r"""n;,-pn,pTlt., mll",t l,,,, nptitinnpr!
Agenda Item No. 17 A
June 24, 2008
Page 10 of 13
This Resolution adopted after motion. second and majority vote.
DONE AND ORDERED this
day of
.2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DATE:
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
THOMAS HENNING. CHAIRMAN
DEPUTY CLERK
Approved as to Form and Legal
Sufiiciency:
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