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Agenda 03/25/2008 Item # 8A Agenda Item No. 8A March 25, 2008 Page 1 of 23 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by commission members. A resolution approving with conditions petition CCSL-2008-0l/AR-12598 requesting a variance from the Coastal Construction Setback Line (CCSL) to allow for the construction of two chickee hut concession stands, replacement and expansion of an existing park entrance administrative office, and paved drop-off lane addition to the park road, all of which are located on the property known as Delnor-Wiggins Pass State Park with a street address of 11135 Gulfshore Drive North and more particularly described as that fraction part of lots 1 & 2, located in Section 20, Township 48 South, Range 25 East, Collier County Florida OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately twenty-five (25) feet to one-hundred-thirteen (113) feet seaward of the CCSL to construct a new administrative office on the park's primary entrance; future phases to construct up to seven wood-frame/metal roof picnic shelters ranging in size from 12' x 12' to 30' x 40'; six 10' x 10' chickee-style concession stands; and a paved drop-off lane addition to the park road for service access (Exhibit C). CONSIDERA nONS: The subject property is located along the Gulf of Mexico immediately north of Vanderbilt Beach. Pursuant to Section 9.04.06 (below) of the LDC, Variance to the Coastal Construction Setback Line are not reviewed by the Environmental Advisory Councilor the Collier County Planning Commission. Applicable section of the CCSL Variance section of the code and staff comments are as follows: 9.04.06 Specific Requirementsfor 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. J 161.053 and recorded in Coastal setback line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk~s Instrument No. 365665 oj the public records of Collier County, Florida. B. Setback lines established under this Land Development Code shall be reviewed upon petition of affected riparian upland owners. The Board of County Commissioners (BCC) oj Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notifY the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet landward of the vegetation line whichever is greater~ and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave up rush, beach and offihore ground contours, the vegetation line, erosion trends, the dune or bluff line, if Page 1 of 5 Agenda Item No. SA March 25, 2008 Page 2 of 23 any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. Staff Comment: Four (4) encroachments are consistent with the Land Development Code. Those encroachments that are consistent include: the new administrative office, two (2) of six (6) proposed 10' x 10' chickee-style concession stands, and the paved drop-off lane addition to the park road (for service access). Eleven (II) of the fifteen (15) proposed encroachments are not consistent with the LDC as they are less than 150 feet landward of the mean high-water line or less than seventy-five (75) feet landward of the vegetation line. The furthest structure seaward of the CCSL is 113 feet seaward of the CCSL. The structures not meeting the LDC requirement range from 116 feet to 134 feet landward of the mean high-water line and 20 feet to 66 feet landward of the vegetation line. e. It shall be unlawfUl/or any person, firm, corporation, or agency, public or private. to construct, reconstruct, or change existing structures. make any excavation, remove any beach material or otherwise alter existing ground elevations. drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal constlllction setback line, except as hereinafierprovided. D. If in the immediate contiguous or adjacent area a "number of existing stlllctures" 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 Bee. Staff Comment: A "number of existing structures" immediately contiguous or adjacent has not established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established. All variance dimensions described below were provided by the applicant in a "Variance Dimension Data Table (Exhibit B). The petitioner provided an overall site plan showing existing and proposed structures (Exhibit C). The petitioner provided four enlargements of the site plan known as areas one (I) to five (5) to correspond with the five existing parking lots: Area I (Exhibit 01); Area 2 (Exhibit 02); Area 3 (Exhibit 03); Area 4 and 5 (Exhibit 04). The petitioner proposes to construct the following: Current Phase: Page 2 of 5 Agenda Item No. 8A March 25, 2008 Page 3 of 23 New administrative office on the park's primary entrance with the seaward face of the building to exist 25 feet seaward of the existing CCSL. The building will have a distance of 216 feet from the Mean High Water Line (MHWL) and 120 feet from the vegetation line. Future Phases: 1. Seven wood-frame/metal roof picnic shelters ranging in size from 12' x 12' to 30' x 40' including: Shelter # #1 #2 #3 #4 #5A #5B-North #5B-South Distance from MHWL (feet) ]25 116 ]55 129 151 129 133 2. Six 10' x 10' chickee-style concession stands: Chickee # #1 #2 #3 #4A #4B #5 Distance from MHWL (feet) 119 151 158 159 134 171 Distance from vegetation line (feet) 29 20 56 63 61 38 38 Distance from vegetation line (feet) 34 55 67 8] 66 82 3. Paved drop-offlane addition to the park road (for service access). FISCAL IMPACT: Approval of this petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The proposed variance is not consistent with applicable provisions of the Growth Management Plan Policy 10.4.7., as the structures have not been place as far landward as is practicable. CONSERV ATlON 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 10.4.4: Page 3 of 5 Agenda Item No. 8A March 25, 2008 Page 4 of 23 Require dune stabilization and restoration improvements III land development projects along beach areas. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. 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, where 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, LEGAL CONSIDERATIONS: This request has been reviewed for legal sufficiency and there are no outstanding legal considerations. RECOMMENDATION: Staff recommends denial of Shelters # ],2,3,4, 5A, 5B- north, 5B-south and Chickees #l, 2, 3, 4B for Variance Petition CCSL-2008-0l/AR-12598. Staff recommends approval of the new administrative office on the park's primary entrance; two (2) chickee-style concession stands including chickee # 4A and 5; and a paved drop-off lane addition to the park road for Variance Petition CCSL-200S-0 1/ AR-12598 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 1 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. Page 4 of 5 Agenda Item No. 8A March 25, 2008 Page 5 of 23 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 Engineering and Environmental Services Statf 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 siting and structures) may be approved, in writing, by the Community Development and Environmental Services Administrator, or his/her designee. 11. 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 peti ti on. 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 of I Agenda Item No. 8A March 25, 2008 Page 6 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members A Resolution approving with conditions Petition CCSL-2008-01/AR~ 12598 Requesting a variance from the Coastal Construction setback line (CCSL) to allow construction for seven picnic shelters, six chickee hut concession stands, replacement and expansion of an existing park entrance Administrative office, and paved drop-off lane addition to the Park Road, all of which are located on property known as Delnor-Wiggins Pass State Park with a street address of 11135 Gulfshore Drive North and more particularly described as that fraction part of lots 1 & 2, located In Section 20, Township 48 South, Range 25 East. Collier County, Florida 3/25/2008 90000 AM Prepared By Summer BrownAraque Environmental Specialist Date Environmental Services 2129120085:09:01 PM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 311312008 8:25 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 31131200810:03 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3114120083:07 PM Approved By OMS Coordinator Administrative Services Applications Analyst Date Information Technology 3117120087:37 AM Approved By John A. Yonkosky County Manager's Office Director of the Office of Management Date Office of Management & Budget 3117120085:21 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/17120086:18 PM file:! Ie :\Agenda Test\Export\ I 03-March%2025, %202008\08. %20AD VER Tl SED%20PUBL... 3/19/2008 Agenda Item No. SA March 25, 2008 Page 7 of 23 Florida Department of Environmental Protection Division of Recreation and Parks October 3, 2007 Revised February 4, 2008 Collier County Community Development and Environmental Services Division Costal Setback Line VariaDce Petition Exhibit A Proposed Construction Activitv The current phase of development will construct a new administrative office on the park's primary entry. Future phases will construct up to seven wood-frame/metal-roofpicnic shelters ranging in size from 12' x 12' to 30' x 40' (see site plan). These shelters will require a coastal setback variance. In addition, six 10' x ] 0' chickee-style concession stands and a paved drop-off lane addition to the park road (for service access) will be constructed in future phases, each requiring a coastal setback variance. Descriptions of Variance Reauests Administrative Office - this construction site is located greater than 150' inland of the MHWL and does not impact the existing dune line or bluff. The site is located on the existing traffic island in the park road, immediately north of the park's ranger station, and has no effect on the park's upland plant communities. The traffic island is bisected by the location of the Coastal Construction Setback Line (CCSL). Four of the park's existing buildings are located approximately 50' seaward (westward) ofthe proposed building. Therefore, construction of the office does not extend construction beyond the limit established by existing structures, and the Division of Recreation and Parks requests Collier County to grant a variance for this building. Picnic Shelters - The development of picnic shelters in the park will further the park's goal for eradication of invasive exotic trees (Australian pines), and will address a public demand for beach-related shade and picnic area amenities. Over the past 30 years, Florida Park Service resource management activities have removed hundreds of Australian pine trees from the beach area of this state park. The remaining trees are in locations that have traditionally been refuge and picnic areas for park visitors, and have not been removed for that reason. As these remaining Australian pine trees are removed, their shade will be replaced by the picnic shelters to preserve (and improve) the park's shaded picnic locations. Permanent structures will enhance the safety and public welfare in the park by providing sun and heat protection and refuge for visitors during sudden thunderstorms. Six of the seven proposed shelter locations lie seaward of the faces of the existing restroom buildings in the park. Construction in all 7 locations will require a variance of the County's CCSL regulations. In all cases, locating the proposed shelters eastward of Agenda Item No. SA March 25, 2008 Page S of 23 the CCSL is not feasible, since either parking areas or restored native vegetation occupy these areas, and the intent here is to maintain the traditional and popular picnicking locations that have developed beneath the exotic trees. For these reasons, the Division of Recreation and Parks requests Collier County to grant a variance for these shelters. Concession Chickees - The development of concession chickees will address a long- term public demand for beach-related services in the state park. The beach area at Delnor- Wiggins Pass State Park is a linear space extending for over one mile, making it impossible for centrally-located concessions to provide the services requested by the park's visitors. Therefore, six 10' x 10' "chickee-style" concession stands are recommended to provide food, drink and beach-related consumer items at locations through the park that are convenient to the public. These structures will be similar to the concession stands constructed by Collier County Parks and Recreation at Barefoot Beach Preserve County Park, just north of Wiggins Pass. Each of the proposed chickees will be constructed as an addition to the park's existing boardwalk system. Two chickees are associated directly with existing restrooms, and two are located east of the seaward faces of the existing restroom buildings. A tapered, single-lane expansion of the park road (approximately 40' in length and tapering from 0' to 10' in width) is recommended to provide a central service access point for the concession operation, located near the park's Restroom #4. This stabilized surface will allow necessary vehicular access while protecting adjacent native vegetation from soil compaction. No native vegetation will be removed for installation of the drop off. As with the proposed picnic shelters, each of the proposed concession chickees and the service drop-off will require a variance of the County's Coastal Construction Setback Line regulations. Justification The Division of Recreation and Parks believes that the requests for variances are justified based on the established goals of both the Division and Collier County to conserve and enhance natural resources on the coastal barrier and to provide safe and enjoyable outdoor recreational opportunities for the County's citizens and visitors. These efforts are consistent with the Conservation and Coastal Management Element, Goal I : "continue to plan for the protection, conservation, management and appropriate use of (County's) natural resources"; Goal 6: "identif'y, protect, conserve and appropriately use (County's) native vegetative communities and wildlife habitats"; and 10: "protect, conserve, manage and appropriately use (County's) coastal barriers". The addition of office space and a new beach boardwalk at the park entrance is intended to support the appropriate use (public beach access) of the state park. For many years, traffic congestion, pedestrian-automobile conflicts and frustrating delays in admission to the state park have been a problem for both park and County administrators. The Division and Collier County staff are working together to alleviate these conditions to the greatest extent possible, by increasing the carrying capacity of the state park, and Agenda Item No. 8A March 25, 2008 Page 9 of 23 providing both interim and permanent solutions to traffic congestion at the park entrance. The addition of administrative space at the park entrance is part of the permanent solution, intended to provide staffing at necessary levels based on the volume of traffic entering the park, and designed to alleviate pedestrian conflicts with incoming traffic. This project has been designed consistently with the Conservation and Coastal Management element Goal 6, minimizing the removal of native vegetation, and Goal 10, assuring public beach access, directing new development to previously developed locations, and minimizing impact to dune vegetation. The proposed addition of picnic shelters is directly tied with the County's Conservation and Coastal Management Element: Goal 6, Objective 6.1, Policies 6.1.4 and 6.1.7 preserving native vegetation and Goal 10, Objectives] 0.1 10.2, 10.3, ] 0.4, 10.5 and 10.6 protecting coastal barriers and assuring public access to beaches. The eradication of invasive exotic plants is a goal of both the State of Florida and Collier County. The Division has completed removal of Australian pines from Delnor-Wiggins Pass State park, except for those remaining in locations that are used by the public for shade and refuge. In fact, removal of these remaining trees has been opposed by local citizens in the past, since the loss of shade in the affected areas is perceived as a degradation of the park by its constituents. Granting of the requested waivers for picnic shelters will allow the Division to remove the last Australian pines from the park, implementing the objectives of Goal 6 of the Conservation and Coastal Management Element. Public beach access at Delnor- Wiggins Pass State park is a high priority for both Collier County and the Division of Recreation and Parks. Public safety is an issue in relation to the proposed removal of exotic trees that will be addressed by the construction of shelters. With Florida's aging population, park planners at all levels of government, when planning recreation facilities, find it necessary to consider the physical abilities of park visitors to find refuge from the intense heat and the sudden thunderstorms typical of our state,. The locations in the state park where Australian pines have remained are the only locations where respite from direct sunlight can be found, with exception of the park's restrooms. With a population that includes increasing numbers of individuals with health problems and limited mobility, it becomes ever more important to provide shade and shelter from sudden storms at distances from the beach that are accessible to the majority of the park's users. Therefore, the proposed shelters will be elements ofthe park's beach access facilities of equal importance to dune crossovers, boardwalk systems and parking areas. The combined effect of the proposed shelter construction is to allow preservation and enhancement of native plant communities while protecting public safety, as outlined by the Conservation and Coastal Management Element Objective 10.4.8: "Collier County shall allow construction seaward of the Coastal Construction Setback Line for public access and protection and activities related to restoration of beach resources. Such construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference Agenda Item No. 8A March 25, 2008 Page 10 of 23 with natural beach dynamics, and where appropriate, will restore the historical dunes with native vegetation." The proposed projects are consistent with this objective, in its entirety. The proposal to construct six concession chickees adjacent to the park's existing restrooms and boardwalks, and a stabilized lane for service access, can not be linked as literally to the Conservation and Coastal Element as the office addition and picnic shelters. The provision of these services have been very vocally requested over many years by County residents. Providing services that are directly related to the recreational use and enjoyment of the state parks is consistent with Division policies. The locations of the proposed chickees and the drop off are all eastward of the locations of the proposed shelters (some are eastward of the locations of existing buildings), no native vegetation will be disturbed by their construction and they are to be located within the existing developed footprint of the park. We believe that these elements of the proposal are consistent with the County Growth Management Plan in that they provide a needed level of amenity to a popular recreation area. Division staff requests the approval of the necessary variances to allow these amenities to be constructed in future park development phases. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS --------. --~- DELNOR-WIGGINS PASS STATE PARK COASTAL CONSTRUCTION SETBACK LINE VARIANCE APPLICATION -----~--_._..---~- PROPOSED DEVELOPMENT SITE PLAN ENLARGEMENT ~-_.__.,.__.._._._--~--_. SHEET 1 OF 4 VARIANCE DIMENSION DATA TABLE 1 1 I I ~__ DIMENSIONS 1~1~ C2 D1 ~ D2::r PROPOSED_--t . I PARK OFFICE 2391 1431 ~201 OFFICE BOARDWALK 238 150 . 91 01 CHICKEE 1 .. _u ___ .1-232T-147'~1~4 SHELTE~___.~-,---_229!_ 1341_1251_29 - ,-; _ ___.--'-._d'~_'.._ .-1-__ 1 STRUCTURES E IF _.---,-- EXISTING RANGER STATION - .---.- EXISTING BOARDWALK ----- RESTROOM 1 -_.-_.._----_._---_.._~- 21 121 100 1- ALL DIMENSIONS ARE IN FEET. MEASUREMENTS ARE TAKEN AT THE SEAWARD FACE OF THE BUILDING ".------....--------...--------. C1: DISTANCE FROM CCSL TO MHWL _ .._.._M___' C2: DISTANCE FROM CCSL TO VEGETATION LINE --'----- D1: DISTANCE FROM ENCROACHMENT LINE TO MHWL .._-_.~.- ----------.------.- D2: DISTANCE FROM ENCROACHMENT LINE TO VEGETATION LINE --,..-,---- --~..__.--- E: DISTANCE FROM CCSL TO ENCROACHMENT LINE ..~..-.~ ---_..------- F: DISTANCE FROM CCSL TO FACE OF EXISTING STRUCTURE CCSL = COLLIER COUNTY COASTAL CONSTRUCTION SETBACK LINE -_....--_...-----' --- --""'---- MHWL = MEAN HIGH WATER LINE ENCROACHMENT LINE - -THE COASTAL CONSTRUCTION ENCROAcHMENT LINE REQUESTED TO BE ESTABLISHED BY THIS VARIANCE. Agenda Item No. 8A March 25, 2008 Page 12 of 23 PROPOSED SHELTER 2 CHICKEE 2 SHELTER 3 CHICKEE 3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS DELNOR-WIGGINS PASS STATE PARK COASTAL CONSTRUCTION SETBACK LINE VARIANCE APPLICATION PROPOSED DEVELOPMENT SITE PLAN ENLARGEMENT SHEET 2 OF 4 - - -.. VARIANCE DIMENSION DATA TABLE l __~_J DIMENSIONS -+-c;T~_j-D1_~ D2 1__ E ._ ...... 227'--- 1271-_.m116~_4_ 10~ ! 223 123 151' 55 71 ~12~ ~_~_ 64 .~~?~~ 67' 59 --r '. I I I STRUCTURES +--. r F EXISTING RESTROOM 2 RESTROOM 3 60 71 . I... . ....... [~. ALL DIMENSIONS ARE IN FEET. MEASUREMENTS ARE TAKEN AT THE SEAWARD FACE OF THE BUILDING C1: DISTANCE FROM CCSL TO MHWL --.- --"- C2: DISTANCE FROM CCSL TO VEGETATION LINE D1: DISTANCE FROM ENCROACHMENT LINE TO MHWL - -- -.. D2: DISTANCE FROM ENCROACHMENT LINE TO VEGETATION LINE - . E: DISTANCE FROM CCSL TO ENCROACHMENT LINE "~-- -- - F: DISTANCE FROM CCSL TO FACE OF EXISTING STRUCTURE -. --- CCSL = COLLIER COUNTY COASTAL CONSTRUCTION SETBACK LINE MHWL = MEAN HIGH WATER LINE ENCROACHMENT LINE = THE-COASTAL CONSTRUCTION ENCROACHMENT LINE REQUESTED TO BE ESTABLISHED BY THIS VARIANCE. Agenda Item No. 8A March 25, 2008 Page 13 of 23 PROPOSED CHICKEE 4A CHICKEE 4B SHELTER 4 PAVED DROP-OFF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS DELNOR-WIGGINS PASS STATE PARK COASTAL CONSTRUCTION SETBACK LINE VARIANCE APPLICATION PROPOSED DEVELOPMENT SITE PLAN ENLARGEMENT ^-~--' SHEET 3 OF 4 VARIANCE DIMENSION DATA TABLE 1 ! .' I -~-- DIMENSIONS I-------;----~-- - -. T- ___--'- G.!.....I C2 1 D1 1_....Q.2__ E . -J--m+- 131!'--:;sgr 811 --t- 2013Lu 142! ~41 661 1 2101 142 1291 63! - 1-------'-=1--~1 2101 146! 1921 121. ~---- ~--_:--~-u I -- r-------,-----.- . I STRUCTURES F 52 77 85 20 --~ EXISTING RESTROOM 4 ,--- ...L 1 L- I 1 I ALL DIMENSIONS AREft.fFEET. MEASUREMENTS ARE TAKEN AT THE SEAWARD FACE OF THE BUILDING ---.....-.--..--..--------.---------...---.-----...---- C1: DISTANCE FROM CCSL TO MHWL -----_.-----', C2: DISTANCE FROM CCSL TO VEGETATION LINE -,-,,-_.. D1: DISTANCE FROM ENCROACHMENT LINE TO MHWL D2: DISTANCE FROM ENCROACHMENT LINE TO VEGETATION LINE E: DISTANCE FROM CCSL TO ENCROACHMENT LINE F: DISTANCE FROM CCSL TO FACE OF EXISTING STRUCTURE M___~'__ CCSL = COLLIER COUNTY COASTAL CONSTRUCTION SETBACK LINE --_..~_.._-- MHWL = MEAN HIGH WATER LINE ENCROACHMENT LINE = THE COASTAL CON~:fTRiJCTI6NEIIICROAtHMENT LINE REQUESTED TO BE ESTABLISHED BY THIS VARIANCE. 75 Agenda Item No. SA March 25, 2008 Page 14 of 23 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS DELNOR-WIGGINS PASS STATE PARK COASTAL CONSTRUCTION SETBACK LINE VARIANCE APPLICATION PROPOSED DEVELOPMENT SITE PLAN ENLARGEMENT SHEET 4 OF 4 VARIANCE DIMENSION DATA TABLE J____ p___,~ I STRUCTURES DIMENSIONS 01 02 E F PROPOSED SHELTER 5A CHICKEE 5 SHELTER 5B - NORTH SHELTER 5B . SOUTH EXISTING RESTROOM 5 232 140 151 61 82 230 141 171 82 58 229 141 129 38 102 --- 231 136 133 38 98 --._---- I .1 47 ALL DIMENSIONS ARE IN FEET. MEASUREMENTS ARE TAKEN AT THE SEAWARD FACE OF THE BUILDING C1: DISTANCE FROM CCSL TO MHWL C2: DISTANCE FROM CCSL TO VEGETATION LINE 01: DISTANCE FROM ENCROACHMENT LINE TO MHWL 02: DISTANCE FROM ENCROACHMENT LINE TO VEGETATION LINE E: DISTANCE FROM CCSL TO ENCROACHMENT LINE F: DISTANCE FROM CCSL TO FACE OF EXISTING STRUCTURE - - CCSL = COLLIER COUNTY COASTAL CONSTRUCTION SETBACK LINE --.,.-..-----.-. MHWL = MEAN HIGH WATER LINE ENCROACHMENT LINE = THE COASTAL CONSTRUCTION ENCROACHMENT LINE REQUESTED TO BE ESTABLISHED BY THIS VARIANCE. FLORIDA DEP~RTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS DELNOR-WIGGINS PASS STATE PARK COASTAL CONSTRUCTION SETBACK LINE VARIANCE APPLICATION PROPOSED DEVELOPMENT SITE PLAN ENLARGEMENT VARIANCE DIMENSION DATA TABLE L_ ! ---r--- STRUCTURES DIMENSIONS 01 I 2161 119, 1251 PROPOSED PARK OFFICE CHICKEE 1 SHELTER 1 SHELTER 2 CHICKEE 2 SHELTER 3 CHICKEE 3 CHICKEE 4A CHICKEE 4B SHELTER 4 I I- I + Cl C2 143 147 134, 'mr- 123' 120 128 131 ---_._~ 142 239 T 232 =t=...- ...- _~__ 229\ 227 .-~--~ -'-=1=' -- 223 221 --. --- 217 211 208 116 1511 155 158! 159 134 EXISTING RANGER STATION EXISTING BOARDWALK RESTROOM 1 RESTROOM 2 RESTROOM 3 RESTROOM 4 RESTROOM 5 ALL DIMENSIONS ARE IN FEET. MEASUREMENTS ARE TAKEN AT THE SEAWARD FACE OF THE BUILDING Cl: DISTANCE FROM CCSL TO MHWL C2: DISTANCE FROM CCSL TO VEGETATION LINE 01 : DISTANCE FROM ENCROACHMENT LINE TO MHWL 02: DISTANCE FROM ENCROACHMENT LINE TO VEGETATION LINE E: DISTANCE FROM CCSL TO ENCROACHMENT LINE ...~-- F: DISTANCE FROM CCSL TO FACE OF EXISTING STRUCTURE CCSL = COLLIER COUNTY COASTAL CONSTRUCTION SETBACK LINE .. - MHWL = MEAN HIGH WATER LINE ENCROACHMENT LINE = THE COASTAL CONSTRUCTION ENCROACHMENT LINE REQUESTED TO BE ESTABLISHED BY THIS VARIANCE. Agenda Item No. 8A March 25, 2008 Page 15 0123 21 121 100 60 71 75 47 ,~ ./'" r-- Agenda Item No. 8A March 25, 2008 Page 21 of 23 RESOLUTION NO. 08-_ A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL- 2008-01lAR-12598 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR THE CONSTRUCTION OF TWO CmCKEE HUT CONCESSION STANDS, REPLACEMENT AND EXPANSION OF AN EXISTING PARK ENTRANCE ADMINISTRATIVE OFFICE, AND PAVED DROP-OFF LANE ADDITION TO THE PARK ROAD, ALL OF WHICH ARE LOCATED ON PROPERTY KNOWN AS DELNOR-WIGGINS PASS STATE PARK WITH A STREET ADDRESS OF 11135 GULFSHORE DRIVE NORTH AND MORE P ARTICULARL Y DESCRIBED AS THAT FRACTION PART OF LOTS 1 & 2, LOCATED IN SECTION 20, TOWNSHIP 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 allow construction of a new administrative office on the park's primary entry; two (2) chickee-style concession stands including chickee # 4A and 5; and a paved drop-off lane addition to the park road (Exhibit C); and WHEREAS, the proposed structures will extend twenty-five (25) to one-hundred-thirteen (113) feet seaward of the adopted CCSL; and WHEREAS, the buildings will extend further seaward than the building on the parcel immediately adjacent to the south of this property. WHEREAS, the subject property is located on the west side of Gulf Shore Drive immediately north 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. Agenda Item No. 8A March 25, 2008 Page 22 of 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition 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 (IOO) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, between May I and October 3], 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. 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 siting and structures) may be approved, in writing, by Community Development Administrator, or his/her designee. Agenda Item No. 8A March 25, 2008 Page 23 of 23 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 Sufficiency: