Resolution 2001-393
17A
. ~"~
RESOLUTION NO. 01--2..93
RESOLUTION APPROVING WITH CONDITIONS PETITION
CCSL-2001-3, REQUESTING A VARIANCE FROM THE CO~STAL
CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW
CONSTRUCTION OF A DUNE WALKOVER, CHICKEE HUT,
DESIGNATED STORAGE AREA FOR A BEACH CONCESSION,
AND PATHWAY LANDWARD OF THE BEACH, LOCATED AT
THE COLLIER COUNTY BAREFOOT BEACH PARK IN
SECTIONS 7,8,17 and 18, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, A.I. Smith of Recreational Facilities of America Inc., requests a
variance from the Coastal Construction Setback Line (CCSL) as required by the Collier
County Ordinance 91-102, Division 3.13, as amended, to allow construction of a dune
walkover, a chickee hut, designated areas for beach concession storage and pathways
landward ofthe beach; and
WHEREAS, the subject property is located at the Barefoot Beach County Park
owned by the Collier County Board of County Commissioners, and
WHEREAS, the proposed improvements will extend no further seaward than the
seaward edge of the dune vegetation; and
WHEREAS, the subject property had a CCSL variance approved by the Board of
County Commissioners for dune walkovers; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Variance Petition CCSL-2001-3 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 the
County, prior to issuance of a Collier County 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 of each year, sea turtle nesting season, without first
submitting and obtaining FDEP and Collier County Construction in Sea Turtle
Nesting Area Permits.
3. The petitioner shall notify Current Planning Environmental Staff one week prior to
commencing work seaward of the CCSL and shall again contact Staff within one
week following completion of work seaward of the CCSL.
4. Outdoor lighting associated with construction, or development within three hundred
(300) feet of the high tide line, shall be in compliance with Division 3.10 of the
Collier County Land Development Code.
17A
5. The petitioner shall utilize only native coastal dune vegetation for all on-site
landscaping beyond the 1974 Coastal Construction Control Line.
6. The petitioner shall re-vegetate the dune where the dune is devoid of coastal dune
vegetation. The re-vegetation shall be completed, according to a plan approved by
Collier County Planning Services Staff, prior to the issuance of a Certificate of
Occupancy.
7. All structures and storage areas shall be located entirely off the beach and no items
may be stored on the beach during sea turtle nesting season. Structures shall be field
located to minimize impacts to the natural dune environment.
8. The petitioner shall install appropriate signs in the re-vegetation area indicating that
beach users are requested not to intrude into this re-vegetation area.
9. The petitioner shall submit a Gopher Tortoise Survey (and if necessary a plan to
barricade the work area or a Gopher Tortoise Relocation! Management Plan) to
Collier County Planning Services Staff, prior to any site improvements. The
petitioner shall field locate structures to avoid or minimize potential impacts to
existing gopher tortoises and their burrows.
10. The petitioner shall submit copies of all necessary agency permits (i.e. FFWCC for
gopher tortoise) prior to any site improvements or obtaining any building permits.
11. The petitioner shall remove all exotic vegetation from the boundary of the concession
facility in accordance with the Collier County Land Development Code Section
3.9.6.6.
12. Minor revisions to Coastal Construction Setback Line Variance CCSL-2001-3
(including changes in siting, structures and storage area) may be approved, in writing,
by the Planning Services Director or his/her designee.
Be it Resolved that this Resolution, relating to Petition Number 2001-3, be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote favoring same.
Done this ?a.- day of ([)~ , 2001.
DATE:
OCT - 9 2001
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLO
....'.., ':':' ':'~:-;:~/:~'""",
ATJ'~Sr:....- t','.'
/ ,~WiflJ-IT E:J3~~K, Clerk
. ~:,:. <\;'
~~~~~to CMlrun's
j . :,.:.'. - signature on1].
Approved as to Form and Legal
Sufficiency: .
7Y\?~.I.i_Yr1.~
MaIjori M. Student
Assistant County Attorney
......
~ .:,
e..XH \ 6\ T "A.'I