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Resolution 2000-253 17G RESOLUTION NO. 2000-....2..53 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2000-4A, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR CONSTRUCTION OF UMBRELLA BOX PLATFORMS AND ASSOCIATED DUNE WALKOVERS, AND DESIGNATED AREAS FOR BEACH CONCESSION STORAGE, LOCA TED AT THE PELICAN BAY NORTH BEACH FACILITIES, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Brett D. Moore of Humiston & Moore Engineers, representing The Pelican Bay Foundation 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 umbrella box platforms and associated dune walkovers and designated areas for beach concession storage (Exhibit A); and WHEREAS, the subject property is located at the Pelican Bay North Beach Facility, Pelican Bay Planned Unit Development; and WHEREAS, the proposed improvements will extend no further out than approximately 130 feet seaward of the adopted coastal construction setback line CCSL; and WHEREAS, the subject property had a CCSL variance (CCSL-97-1A) approved by the Board of County Commissioners for structural improvements; 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 Co\lier County Growth Management Plan - Cons<:rvation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-2000-4A 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, 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 I - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. 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. .... - 17G " 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed for construction of the platforms and storage areas. Non-native vegetation existing on the dune within the boundary of the Beach Facility parcel shall be removed and replaced with native vegetation. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8. 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 Co\lier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. 9. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher Tortoise) prior to any site improvements or obtaining any building permits. 10. Petitioner shall field locate platforms and storage areas to avoid or minimize potential impacts to existing Gopher Tortoises and their burrows. 11. Petitioner shall remove all exotic vegetation from the boundary of the North Beach 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-200Q-4A (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or hislher designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this BY: TIM ~~/~ DATE: ~Ll \lJD ATTEST: .. DWIGHT E. BROCK, Clerk ~tmt as 'to Chl11'111R'S , ,,_at"" only. .~\.~ '^ hr-,J-- DEPUTYfLERK' {'.."" . Approved as to Form and Legal Sufficiency: m~u.L I}}. ~-Lt MaIJo M. Student Assistant County Attomey LEGAL DBSCRIPTION 17G 1" PBLICAN BAY - SOUTH BEACH ........ All that part of Section 8, Township 49 South, Range 25 East, Collier County, Florida and being described as follows: Commencing at the northwest corner of Parcel "D", Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47 thru 52, Collier County Public Records, Collier County, Florida; thence along the westerly line of said Parcel "D", South 1039'00" East 167.00 feet; thence South 77045'59" West 1866.52 feet to a point on the Florida Department of Natural Resources Coastal Construction Control Line and the POINT OF BEGINNING of the parcel herein described; thence continue along said Control Line South 4011'15.7" East 618.31 feet; thence continue along said Control Line South 5052'49.9" East 425 feet more or less to the Mean High Water Line of Clam Pass: thence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High Water Line of the Gulf of Mexico, 1150 feet more or less to a point which lies on a line that bears South 89026'00" West from the Point of Beginning; thence along said line North 89026'00" East 181 feet more or less to the Point of Beginning of the parcel herein described; subject to easements and restriction of record. PELICAN BAY - NORTH BEACH Commencing at the Northeast corner of the Northwest one- quarter (NW1/4) of said Section 4, Township 49 South, Range 25 East; thence North 89038'59" West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner of said Section 4 and the Northeast corner of said Section 5; thence continue North 89038'59" West, along the North line of said Section 5, a distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, as recorded in COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses: South 11023'55.5" East a distance of 142.75 feet to a point on the Coastal Construction Control Line, said point being South 38049'24.3" East, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10039'14" East, a distance of 1027.72 feet; thence South 08023'14.6" East, a distance of 1007.78 feet to a point, said point being South 86054'27" East, a distance of 68.13 feet from Permanent Reference Monument R-35; thence South 08009'45" East a distance of 419.48 feet to the POINT OF BEGINNING of the parcel described herein: thence continue South 08009'45" East along said Control Line for 562.00 feet; thence leaving said Coastal Construction Control Line, proceed due West for approximately 228 feet to the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean High Water Line for approximately 562 feet; thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construction Control Line. 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