Agenda 07/14/2020 Item #16A14 (Resolution - CCSL Variance - Clam Pass Park)07/14/2020
EXECUTIVE SUMMARY
This item requires ex parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve a
variance from the Coastal Construction Setback Line (CCSL) to allow for construction of an
expansion of the existing wood deck attached to the landward edge of the existing north boardwalk,
approximately 63 feet seaward of the CCSL, and removal of the derelict seaward section of the
north boardwalk, approximately 93.8 feet seaward of the CCSL. The subject property is located at
the Clam Pass County Park Facility, Pelican Bay Planned Unit Development, in Section 8,
Township 49 South, Range 25 East, Collier County, Florida. [PL20190002627]
OBJECTIVE: To have the Board of County Commissioners approve a variance from the Coastal
Construction Setback Line (CCSL) to allow for construction of an expansion of the existing wood deck
attached to the landward edge of the existing north boardwalk, approximately 63 feet seaward of the
CCSL, and removal of the derelict seaward section of the north boardwalk, approximately 93.8 feet
seaward of the CCSL. The subject property is located at the Clam Pass County Park Facility, Pelican Bay
Planned Unit Development, in Section 8, Township 49 South, Range 25 East, Collier County, Florida.
[PL20190002627]
CONSIDERATIONS: A variance request has been received by the Development Review Division,
Growth Management Department to approve a CCSL Variance to allow for the expansion of an existing
boardwalk beyond the CCSL line. The proposed improvements require a public hearing in front of the
Collier County Board of County Commissioners to consider approval of a variance to build seaward of
the Coastal Construction Setback Line (1974 CCSL), per Section 9.04.06 of the Collier County Land
Development Code.
The original boardwalk was built in 1986 under Building Permits 86-1938, 86-2000, and 86-3041;
however, a CCSL Variance was not previously obtained. The subject property is locate d in a Planned
Unit Development (PUD) with a Conservation (Natural Resource Protection Area; NRPA) overlay.
Aerials provided by the petitioner depict the subject property with existing structures in relation to the
CCSL.
The petitioner is proposing to construct a boardwalk expansion (204 square feet) that will encroach 63
feet seaward of the CCSL and remove a 75-square foot portion of the boardwalk that currently encroaches
93 feet 8 inches seaward of the CCSL. The seaward-most part of the proposed boardwalk expansion is
located approximately 118 feet from the Mean High-Water Line (MHWL).
LDC section 9.04.06.E states: The BCC may authorize the construction of pipelines or piers extending
outward from the shoreline unless it determines that the construction of such projects would cause
erosion of the beach in the area of the structures. The proposed boardwalk expansion will not cause
erosion of the beach or significantly impact the beach dune system. Additionally, LDC Section 3.03.06
requires a dune restoration planting plan to provide reasonable assurance for continued protection of the
shoreline. The petitioner has submitted a dune restoration plan for staff review under CCSL Permit
PL20190001251.
In conclusion, the Variance allows: 1) a 204-square foot boardwalk expansion that will extend 63 feet
seaward of the CCSL; 2) removal of a 75-square foot portion of the boardwalk that extends 93 feet 8
inches seaward of the CCSL, and 3) restoration of the dune system. A copy of the staff report is attached
hereto. Staff has reviewed the CCSL Variance petition and recommends approval.
FISCAL IMPACT: The Variance by and of itself will have no fiscal impact on Collier County.
16.A.14
Packet Pg. 1027
07/14/2020
However, if the Variance is approved, the project will result in an improvement to Colli er County public
facilities.
GROWTH MANAGEMENT IMPACT: The Variance has been reviewed against Objective 10.5 of the
Conservation and Coastal Management Element within the Collier County Growth Management Plan and
found in compliance. Policy 10.5.9 allows for construction activities for public access. Policy 10.5.12
requires dune stabilization and restoration improvements, of which dune planting restoration will be
required with final building permit approval. Staff has included conditions on the CCSL vari ance to
ensure the implementation of the CCME policies.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -SAA
RECOMMENDATION: To approve a variance from the Coastal Construction Setback Line (CCSL) to
allow for construction of an expansion of the existing wood deck attached to the landward edge of the
existing north boardwalk, approximately 63 feet seaward of the CCSL, and removal of the derelict
seaward section of the north boardwalk, approximately 93.8 feet seaward of the CCSL.
Prepared By: Craig Brown, Senior Environmental Specialist, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. [LinkedX]Petition to approve a Coastal Construction Setback Line (PDF)
3. [LinkedX] Variance Petition Application (PDF)
4. [LinkedX] Construction Plans (PDF)
5. [LinkedX] Resolution (PDF)
6. Letter of No Objection (PDF)
7. Sign Affidavit and Exhibits (PDF)
8. 12292 - legal ad - Clam Pass Facility CCSL (PDF)
16.A.14
Packet Pg. 1028
07/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 12292
Item Summary: This item requires ex parte disclosure be provided by the Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve a variance from the Coastal Construction Setback Line (CCSL) to allow for construction of an
expansion of the existing wood deck attached to the landward edge of the existing north boardwalk,
approximately 63 feet seaward of the CCSL, and removal of the derelict seaward section of the north
boardwalk, approximately 93.8 feet seaward of the CCSL. The subject property is located at the Clam
Pass County Park Facility, Pelican Bay Planned Unit Development, in Section 8, Township 49 South,
Range 25 East, Collier County, Florida. [PL20190002627]
Meeting Date: 07/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/28/2020 2:26 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/28/2020 2:26 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/28/2020 3:27 PM
Zoning Ray Bellows Additional Reviewer Completed 05/05/2020 10:38 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/14/2020 8:36 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 05/18/2020 10:51 AM
Growth Management Department James C French Deputy Department Head Review Completed 05/18/2020 9:12 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/19/2020 10:13 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/19/2020 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2020 10:57 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/21/2020 12:16 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/27/2020 11:57 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/06/2020 9:12 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
16.A.14
Packet Pg. 1029
CLAM PASS FACILITY EXPANSION
LOCATION MAP
16.A.14.a
Packet Pg. 1030 Attachment: Location Map (12292 : Approval of a Variance from Coastal Construction Setback Line for Clam Pass County Park Facility)
C-rOVmty
TO:
FROM:
HEARING DATE: May 26,2020
SUBJECT:
STAFF REPORT
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT REVIEW DIVISION
ENVIRONMENTAL PLANNING SECTION
PETITION CCSV-PL2OI9OOO2627, 465 SEAGATE DRIVE
Owner:
Collier County C/O Real Property Management
3335 Tamiami Tr E, STE l0l
Naples, FL 34112
Asent:
Julien N. Devisse, P.E.
Q.Grady Minor & Associates
3800 Via Del Ray
Bonita Springs, FL 34134
REOUESTED ACTION:
To have the Collier County Board of County Commissioners (BCC) consider an application for a
Coastal Construction Setback Line (CCSL) Variance, in accordance with Land Development Code
(LDC) section 9.04.06, for a 63-foot variance from the Coastal Construction Setback Line (CCSL)
to allow for the expansion of an existing beach boardwalk.
GEOGRAPHIC LOCATION:
The subject property is located on property at 465 Seagate Drive and further described as
THAT PART OF SEC 9 DESC IN OR 966 PG 184I AND THAT PART OF 8 49 25
DESC IN OR 966 PG 1841, AND THAT PART OF 9 49 25 AS DESC IN OR 1234
PG 1371 AND PELICAN BAY UNIT 1, THAT PART OF PARCEL 66D" AS DESC
rN oR t234PG t37t & 1373
(See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT :
The proposal consists of expansion of an existing boardwalk (20a Sq.ft.) seaward of the CCSL.
The original boardwalk was built in 1986 under Building Permits 86-1938, 86-2000 and 86-3041.
CCSV-P1201 90002627 ,465 Seagate Drive
May 26,2020 BOCC Page 1 of 8
PROPERTY OWNER/AGENT:
CCSL Variance Request
The proposed improvements require a public hearing in front of the Collier County Board of
County Commissioners to consider approval of a variance to build seaward of the Coastal
Construction Setback Line (1974 CCSL). The aerials provided by the petitioner depict the subject
property with existing and proposed structures in relation to the CCSL and the immediate
contiguous area along the beach front known Clam Pass Park. The applicant proposes to construct
a boardwalk expansion that will encroach 63 feet into the CCSL (seaward) and remove a 75-square
foot boardwalk that encroaches 93 feet 8 inches into the CCSL. The seaward-most part of the
proposed boardwalk extension is located approximately I l8 feet from the Mean High-Water Line
(MHWL) and will be adjacent to the existing vegetation line.
il
Location Map Zoning Map
Petition N u m be r: P L2O 1 90002627
SITE PLAN
The Site Plan is three pages provided in the Clam Pass Facility Expansion Coostol Construction
Setback Line Plans. The site plan on page 2 shows an expanded view of the subject property; page
3 is a close-up of the proposed improvements seaward of the CCSL.
CCSV-P120 1 90002627, 465 Seagate Drive
May 26,2020 BOCC
PROJECT
LOGATIOI{
SITE
LOCATION
ctw
Page 2 of 8
o
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Collier County development, with azoning designation of PUD
North: Conservation (Natural Resource Protection Area; NRPA), with a zoning
designation of PUD.
South: Conservation (NRPA)with a zoning designation of PUD.
East: Conservation (NRPA), with a zoning designation of PUD.
West: Gulf of Mexico.
Aerial exhibit provided by Q. Grady Minor & Associates.
CCSV-PL20 1 90002627, 465 Seagate Drive
May 26,2020 BOCC
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GROWTH MANAGEMENT (GMP) IMPACT:
CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP
OBJECTIVE 10.4:
Restore and then maintain, when appropriate, developed coastal barriers and developed
shorelines, by establishing mechanisms or projects which limit the fficts of development and
restores the natural functions of coastal baruiers, including beaches and dunes.
Staff comment: The policies below primarily addresses the need for dune restoration on
developed shorelines. The applicant provided a dune restoration plan that must be
completed prior to certificate of occupancy.
Policy 10.4.1:
Promote environmentally acceptoble and economically feasible restoration of the developed
coastal barriers and the urban beach and dune systems.
Staff comment: The proposed project requires dune restoration prior to the
certificate of occupancy under the building permit.
Policy 10.4.3:
Collier County shall prohibit octivities which would result in man-induced shoreline erosion
beyond the natural beach erosion cycle or that would deteriorate the beach and dune system.
Implementation of this policy will be based upon available scientific/coastal engineering
literature/studies that have established benchmarl<s for natural rates of beach erosion.
Staff comment: The proposed project requires dune restoration prior to the
certificate of occupancy under the building permit.
Policy 10.4.4:
Require dune stabilization and restoration improvements in land development proiects along
beach areas.
Staff comment: The proposed project requires dune restoration prior to the
certificate of occupancy under the building permit. Staff has included conditions to
the CCSL Variance approval to ensure this Policy is implemented.
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 proposed project requires dune restoration prior to the
certificate of occupancy under the building permit. Staff has included conditions to
the CCSL Variance approval to ensure this Policy is implemented.
CCSV-P1201 90002627, 465 Seagate Drive
May 26, 2020 BOCC Page 4 of 8
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
Coqstal Zone Protection Act of 1985, where such prohibition would result in no reasonable
economic utilization of the property in question, or for sofety reosons. In such cases, construction
will be as far landward as is practicable and fficts on the beach and dune system and the natural
functions of the coastal barrier system shall be minimized.
Staff comment: The proposed structure is an expansion of an existing structure. The
restoration of the dune will follow the natural dune profile, thus further enhancing the
overall beach dune system.
GMP Consistencv Summarv: The proposed variance is consistent with applicable provisions of
the Growth Management Plan Objective 10.4. for the reasons stated above.
STAFF ANALYSIS:
The decision to grant a variance is based on the criteria in LDC Section 9.04.06. Staff has analyzed
this petition relative to these provisions and offers the following responses:
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. $ 161.053 and recorded in CoastalSetback Line Book l, 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 existing structure and improvements were built under Building
Permits 86-1938, 86-2000 and 86-3041; portions of the existing boardwalk extend seaward
of the CCSL (1974).
B. Setback lines established under this Lond Development Code shall be reviewed upon petition
of affected riparian upland owners. The Board of County Commissioners (BCC) of 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 qre presumed to be coruect, and no change in setback lines shall
be made except upon an ffirmative showing by petitioner that any construction line established
hereunder is a minimum of l50feet 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 huruicane tides, predicted maximum wqve up rush, beach and
offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist,
and existing upland development, that the general public health andwelfare are preserved, upland
properties protected, and beach and sand dune erosion controlled.
Staff Comment: The proposed boardwalk expansion is 204 square feet; the expansion is
an addition to the existing boardwalk which was built in 1986. The expansion of the
boardwalk is approximately 118 feet landward of the mean high-water line and, the
CCSV-PL201 90002627, 465 Seagate Drive
May 26, 2020 BOCC Page 5 of 8
proposed structure is adjacent to the vegetation line. The proposed boardwalk expansion
does not meet either of the LDC requirements that require construction must be more
than 150 feet landward of the mean high-water line and or construction must be 75 feet
landward of the vegetation line (Clam Pass Facility Expansion Coastal Construction
Setback Line Plans page 3). LDC section 9.04.06 E states: The BCC may authorize the
construction of pipelines or piers extending outwardfromthe shoreline, unless it
determines that the construction of such projects would caase erosion of the beach in
the area of the structures. The proposed boardwalk expansion will not cause erosion of
the beach or significantly impact the beach dune system.
C. It shall be unlow.ful for any person, firm, corporation, or agency, public or private, to
construct, reconstruct, or change existing structures, make any excavation, remove ony
beach material or otherwise alter existing ground elevations, drive any vehicle on, over or ocross
any sand dune, or damage or cause to be damaged any sqnd dune, or the vegetation growing
thereon ond/or seaward of said dune, seaward of the coastol construction setback line, except as
hereinafter provided.
Staff Comment: The petitioner has created a dune enhancement plan as required by the
GMP policies in Objective 10.4 and LDC section 3.03.06.
D. If in the immediate contiguous or adjacent orea a "nltmber of existing structures" have
established a reasonably continuous and uniform construction line closer to the line of meon 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 BCC.
Staff Comment: There is a parallel structure existing immediately to the south as shown on
the aerial on page 3 of this report. The proposed structure seaward of the CCSL is in line
with the structures immediately to the south. Therefore, it has been shown that 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. As to whether the existing structures have been
unduly affected by erosion, the applicant has advised that the existing boardwalk has not
been unduly affected by erosion. The required dune restoration plan provides reasonable
assurance for continued protection of the shoreline.
See the attached Variance Justification pages l-4 for the applicant's variance justification
responses.
ENVIRONMENTAL ADVISORY COUNCIL (EAO RECOMMENDATION:
This Variance petition was not required to go before the EAC for review and approval.
CCSV-PL20 1 90002627, 465 Seagate Drive
May 26, 2020 BOCC Page 6 of 8
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office has reviewed the staff report CCSV-PL2 0190002622 on MO)
1,2020.
RECOMMENDATION:
Staff recommends the Collier County Board of County Commission (BOCC) approve the CCSL
Variance for Petition CCSV-PL20190002627,465 Seagate Drive with the following conditions:
Standard conditions:
l. All proposed improvements shall be designed in accordance with the standards of the
Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal
Systems 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 Chapter 3, between May
I - October 31, sea turtle nesting season, without first submitting and obtaining any
required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits.
3. Petitioner shall notifr Environmental Planning 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 (239-252-2400).
4. Outdoor lighting associated with construction, or development within three hundred (300)
feet of the high tide line, shall follow Chapter 3 of the Collier County Land Development
Code.
5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping
seaward of the 1974 Coastal Construction Control Line.
6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation.
Re-vegetation shall be completed, according to a plan submitted to and approved by Collier
County Environmental Staff, prior to the issuance of a Certificate of Occupancy.
7. Minor revisions to this variance approval (including changes in siting and structures) may
be approved, in writing, by the County Manager, or his/her designee.
Site specific conditions:
8. Any gopher tortoise and or gopher tortoise bunow(s) located onsite must be protected in
accordance with LDC 3.04.02.
CCSV-PL2O1 90002627, 465 Seagate Drive
May 26, 2020 BOCC Page 7 of 8
g. All areas seaward of the CCSL, outside of the footprint of approved structures and
improvements, shall be left in their natural condition, or landscaped using native coastal
dune vegetation exclusively.
10. Invasive exotic plant Scaevola (Scaevola taccada) is present and must be removed as
referenced in the beach dune restoration plan submitted.
PREPARED BY:
(,l /zz I ToLD
CRAIG
SENIOR ENVIRONMENTAL SPECIALI ST
DEVELOPMENT REVIEW DIVISION
REVIEWED BY:
DATE
79 Z, Lo
MATTHEW MCLEAN., P.E.
DIRECTOR
DEVELOPMENT REVIEW DIVIS ION
'zg Zozo
YB WS, PLANNING A
ZONING ON
ATTACHMENTS:
Attachment l) Clam Pass Facility Expansion Coastal Construction Setback Line Plans
Attachment 2) Variance Justification
CCSV-PL20l 90002627 ,465 Seagate Drive
May 26, 2020 BOCC Page I of 8
{
Name of Applicant: Collier County Parks and Rec
Property ID : 00239 400002
Variance Petition Application
Specific Requirement for Variance to the Coastal Construction Setback Line
Date Prepared: November 2019
Agent: Julien N. Devisse, P.E. - Q. Grady Minor & Associates, P.A.
Narrative:
The Clam Pass Beach Park boardwalk has been in existence since 1985. This project consists of
New Construction in the form of the expansion ofthe existing shower deck. The New Construction
shower deck expansion will be approximately 13.5 ft x 15.1 ft. Additionally, the seawardmost
derelict beach boardwalk at the northern end of the facility will be removed.
Below find the information required in 9.04.06 of the Collier County Land Development Code
Section G Procedure for obtaining variance
l. A written petition requesting a variance from the establish setback line shall be filed with the
BCC or designee. The petition shall set forth:
a) A description of petitioner's property to include the information requested on a current
Collier County request for a coastal construction setback line variance form;
o The Coastal Construction Setback Line Variance Petition Application is included with
this submittal package to the County.
b) A description of the established setback line and the line which petitioner wishes to varied;
o The 1974 Coastal Construction Control Line as recorded in Coastal Setback Line Book
l, Pages I-12, recorded October 31, 1974.
c) The justification upon which the petitioner relies for the granting of the variance, to include
compliance with the Collier County growth management plan, conservation and coastal
management element.
Collier County's Conservation and Coastal Management Element Objective 10.3 is divided into
fifteen (15) separate policy areas. These are summarized as follows: The applicable responses to
each element are listed after each item in italics.
OBJECTIVE 10.3:
Maintain undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources
System, predominantly in their natural state and protect, maintain and enhance their natural
function.
Policy 10.3.1:
\\qgrn.tocal\tiles\Engineering\PROJ-ENG\C\CCUl93C\06DP\CCSL\Variance SubmitlalWariance Narrative 08-27- l9.docxPROJ-
ENC\C\CCU I 93C\06DP\CCSLWariance SubmittalWariance Narrative 08-27- l 9.docx
"Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines
based on the amount of structures per acre of fastlands and for which no development approval
or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area
as defined in the Federal Guidelines.
This project is in an undeveloped coastal barrier system per the definition.
Policy 10.3.2:
Any development activities on an undeveloped coastal barrier must be compatible with
protection of the natural form and function of the coastal barrier system.
This project includes dune planting (additional planting in addition to the re-planting of areas
affected by natural and man-made alterations) in order to be compatible with the natural form
andfunction of the barrier system.
Policy 10.3.3:
The highest and best use of undeveloped coastal barriers are as functioning natural systems;
therefore the first alternative to development should be consideration of acquisition by or for the
public benefit to preserve the natural function.
The project is located within an existingfacility which has existed for approximately 35 years
with no adverse impacts. This project does not propose any shore hardening and wtll consist
of vertical construction over deck areas over existing impacted areas.
(VI) Policy 10.3.4:
Public expenditures within Collier County's undeveloped coastal barrier system shall be limited
to acquisition for purposes of public safety, education, restoration, and removal of exotic
vegetation, recreational use, and/or research facilities. Such uses will be allowed only if the
establishment of such use would not substantially alter the natural characteristics and natural
functions of the undeveloped coastal barrier system.
This project is for recreational use and will consist of verttcal construction over deck areas
over existing impacted areas. The pile supported deck would not substantially alter the
natural characteristics and natural functions of the coastal barrier sltstem.
Policy 10.3.5:
Native or other County approved vegetation shall be required as the stabilizing medium in any
coastal barrier vegetation or restoration program.
This project includes dune planting (additional planting in addition to the re-planting of areas
affected by natural and man-made alterations) in order to be compatible with the natural form
andfunction of the barrier system.
(VI) Policy 10.3.6:
Prohibit construction of structures seaward of the Coastal Construction Setback Line on
undeveloped coastal barriers, Exception shall be for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
\\qgm.local\files\Engineering\PROJ-ENG\C\CCUl93C\06DP\CCSL\Variance Submittal\Variance Narrative 08-27- l9.docxPROJ-
ENG\C\CCU I 93C\06DP\CCSLWariance SubmittalWariance Narrative 08-27- I 9.docx
property. In the latter event, require construction that minimizes interference with natural
function of such coastal barrier system.
The proposed improvements arefor passive recreational structures. This project is for
recreational use and will consist of vertical construction over deck areas over existing impacted
areas.
Policy 10.3.7:
Participate in and encourage Regional and State programs to acquire naturally functioning,
undeveloped coastal barrier systems to insure the preservation of their natural function.
(IX) : Plan Amendment by Ordinance No. 2013-12 on January 8, 2013 Conservation and
Coastal Management Element as of Ordinance No. 2017-20 adopted June 13,2017
46
Not applicable
(VI) Policy 10.3.8:
Development density on undeveloped coastal barrier systems shallnot exceed one (l) dwelling
unit per five (5) acres or as already allowed for established legal nonconforming parcels or lots
ofrecord.
Facility is a pre)xisting facility.
Policy 10.3.9:
Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native
vegetation is lost during land development activities and the remaining native vegetation can be
supplemented without damaging or degrading its natural function, any native vegetation lost
during construction shall be replaced by supplementing with compatible native vegetation on
site.
All exotic vegetation shall be removed and replaced with native vegetation where appropriate.
This project includes dune planting (additional planting in addition to the re-planting of areas
affected by natural and man-made alterations) in order to be compatible with the natural form
andfunction of the barrier system.
Policy 10.3.10:
No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on
undeveloped barrier systems.
There are no bridges, causeways, or commercial marinas proposed.
Policy 10.3.11:
Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on
undeveloped coastal barriers except in the interest of public safety or of land use related
hardship.
\\qgm.local\tiles\Engineering\PROJ-ENG\C\CCUl93C\06DP\CCSL\Variance Submittal\Variance Nanative 08-27- l9.docxPROJ-
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(VI) Policy 10.3.12:
Encourage the use of the "Planned Unit Development" (PUD) provisions of the Zoning
Ordinance for new development or redevelopment proposed to take place within areas identified
as Coastal Barrier system, with the exception of one single family dwelling unit on a single
parcel.
This existingfacility is included in the Pelican Bay PUD and was approvedfor public use.
(VI) Policy 10.3.13:
Substantial alteration of the natural grade on undeveloped coastal barriers, through filling or
excavation shall be prohibited except as part ofan approved dune and/or beach restoration
program, or as part of an approved public development plan for one or more of the uses allowed
by Policy 10.3.4, above.
No natural grade enhancements are proposed.
(VI) Policy 10.3.14:
Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related
to coastal barrier systems.
N/A
(VDGI) Policy 10.3.15:
Development on undeveloped coastal barrier islands within the "Special Treatment" ("ST")
zoningoverlay district shall be reviewed through criteria established in the land development
regulations. Applicable Policies under Goal l0 will be used in developing such criteria
N/A
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Coastal Construction Setback Line Plans
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Owner/Developer:
Collier County Parks and
Recreation Department
15100 Livingston Road
Naples, Florida 341 10
Tel: 239.252.4000
Dwg. No.
Index of Sheets
Shccl Dcscriplion
t COVEB SHEET AND INOEX OF OMWIrcS
2 EXISTING CONOITIONS PUN
3 SITE PUN
COLLTR COUNT ZONING: PUD. PILICAN ilY
INVIRONMENIAL RESOURCI PERUIT NO I1.00065-5
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[19-ENS-00641/1534154/1] 27
Clam Pass CCSV / PL20190002627 CAO
4/13/20
RESOLUTION NO. 20 - ____
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
APPROVING, WITH CONDITIONS, A VARIANCE FROM THE
COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW
FOR CONSTRUCTION OF AN EXPANSION OF THE EXISTING
WOOD DECK ATTACHED TO THE LANDWARD EDGE OF THE
EXISTING NORTH BOARDWALK, APPROXIMATELY 63 FEET
SEAWARD OF THE CCSL, AND REMOVAL OF THE DERELICT
SEAWARD SECTION OF THE NORTH BOARDWALK,
APPROXIMATELY 93.8 FEET SEAWARD OF THE CCSL. THE
SUBJECT PROPERTY IS LOCATED AT THE CLAM PASS COUNTY
PARK FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT,
IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. [PL20190002627]
WHEREAS, Collier County requests a variance from the Coastal Construction Setback Line
(CCSL) as required by the Collier County Land Development Code Section 9.04.06, as amended, to
allow for construction of an expansion of the existing wood deck attached to the landward edge of the
existing north boardwalk, approximately 63 feet seaward of CCSL, and removal of the derelict
seaward section of the north boardwalk, approximately 93.8 feet seaward of the CCSL; and
WHEREAS, the subject property is located at the Clam Pass County Park Facility in the Pelican
Bay Planned Unit Development; and
WHEREAS, this resolution amends any previous CCSL variance resolutions relating to the
subject property; and
WHEREAS, the petition is consistent with LDC Section 9.04.06; 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 PL20190002627 shall be approved subject to the following conditions:
Standard conditions:
1. All proposed improvements shall be designed in accordance with the standards of the Florida
Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems 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 Chapter 3, between May 1 - October
[19-ENS-00641/1534154/1] 27
Clam Pass CCSV / PL20190002627 CAO
4/13/20
31, sea turtle nesting season, without first submitting and obtaining any required FDEP and
Collier County Construction in Sea Turtle Nesting Area Permits.
3.Petitioner shall notify Environmental 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 (239-252-2400).
4.Outdoor lighting associated with construction, or development within three hundred (300) feet
of the high tide line, shall follow Chapter 3 of the Collier County Land Development Code.
5.Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping seaward
of the 1974 Coastal Construction Control Line.
6.Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation. Re-
vegetation shall be completed, according to a plan submitted to and approved by Collier
County Environmental Staff, prior to the issuance of a Certificate of Occupancy.
7. Minor revisions to this variance approval (including changes in siting and structures) may be
approved, in writing, by the County Manager, or his/her designee.
Site specific conditions:
8.Any gopher tortoise and or gopher tortoise burrow(s) located onsite must be protected in
accordance with LDC 3.04.02.
9.All areas seaward of the CCSL, outside of the footprint of approved structures and
improvements, shall be left in their natural condition, or landscaped using native coastal dune
vegetation exclusively.
THIS RESOLUTION ADOPTED after motion, second and majority vote this _____ day of
_____________, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
________________________ By: _______________________________
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
___________________________
Sally A. Ashkar
Assistant County Attorney
Attachment: Exhibit A – Site Plan
SAA
4-13-20
Clam Pass Facility Expansion Coastal Construction Setback Line Plans Located in Collier County
Owner/Developer:
Collier County Parks and
Recreation Department
15100 Livingston Road
Naples, Florida 3411 0
Tel: 239.252.4000
COLLIER COUNTY ZONING: PUD, PELICAN BAY ENVIRONME NTAL RESOURCE PERMIT NO. 11 -00065-5
COLLIER COUNTY FOLIO NUMBER: 239440004
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Section 08, Township 49 South, Range 25 East
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Location Map N.T.S. Prepared by: II GradyMinor
Clvll Engineers Land Surveyors • Planners �rt.ot.-.ulll.EB0005151 Cert.oli\llth.LB0005151 O.GradyMlnorandAssoclates,P.A. 3800VlaDelKey Bonlt.aSprln11s,Florlda34134
Landscape Architects 8UdlllNMILC2tl000266 Bon1t.aSpriJ14:B: 239.947.1144 www.CradyMJnor.com FortMyers: 239.690.4380
Index of Sheets Dwg.No. Sheet Description 1 COVER SHEET AND INDEX OF DRAWINGS
2 EXISTING CONDITIONS PLAN
3 SITE PLAN
&'ti��Lp��:r:gip:���-9 OESC IN OR 966 PG 1841 ANO THAT PART OF 8 49 25 AS DESC IN OR 966 PG 1841, AND THAT PART OF 9 49 25 AS OESC IN OR 1234 PG 1371 AND PELICAN BAY UNIT 1, THAT PART OF PARCEL "D� AS DESC IN OR 1234 PG 1371 & 1373
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2020.04.06
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JUU(NN.D£VISSE.P.E O.GIWl"l'MINORltASSOC .• P.A. l800\Y,.DCLIIEY OONITASPRINGS,FLl41l4 FLORID,O,P.E. LJCENS£NO. nn, E8/LB00051SI
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DUNE PLANTINGS TO BE
INSTALLED PER DUNE PLANTING
EXHIBIT
&&
1 +00
Alignment-deck
0+00.00 to 2+00.00
DECKING
PROPOSED:
EXISTING SEAWARD OF CCSL:
� EXISTING LANDWARD OF CCSL:
204S.F.
3,242S.F.
2,855S.F. ' DOES NOT INCLUDE RESTROOM AND SNACK BAR BUILDINGS OR TRAM BOARDWALK.
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1 FIELD LOCATED 1/9/2019
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= t::=jt==j=================1t==!""'·"�""'"' �,,7 II GradyMinor Q.GradyMlnoran�;:�:=��-.�� I CLAM PASS FACILITY EXPANSION I03/20 1f7'CCSI. lilA APPROVED: :� =::: ::: c:: rne CODE CCU19JC Ce��I
A�t":��51 • r::��u��:��1 • Planners
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'; =HonltaSprrngs: 239.947.1144 www.GradyMtnor.com
Bonl\.aSprln88,Florlda34134
Landscape Architects 811SluessLC26000266
Fort Myers, 239.690.4380
SITE PLAN
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FLORIO,I,, P.E. UCEffSE NO. 77724 SHE:ET J OF J CAO
GradyMinor
Civil Engineers . Land Surveyors o Planners o Landscape Architects
May 29,2020
Mr. Craig Brown
Development Review Division
2800 North Horseshoe Drive
Naples, FL34104
Re: Clam Pass Restroom Expansion
To Whom It May Concern:
The purpose of this letter is to confirm Q. Grady Minor & Associates, P.A. agrees to proceed with a Hybrid
virnral meeting for the project mentioned above.
Applicant chooses to proceed with its public hearing during the declared emergency, while the County
conducts a hybrid virnral meeting, and waives Applicant's right to contest any procedural irregularity.
If you have any questions or need additional information do not hesitate to contact me at (239) 947-1144 or via
e-mail at idevisse@gradyminor.com .
Sincerely,
I
Julien Devisse, P.E
Project Manager
Q. Grady l\{inor & Associates, P.A.
3800 Via DelRey
Bonita Springs, Ft, 34134
Ph. 239-947-1144 o Fax. 239-947-0375
EB 0005151 o LB 0005151 o [,C 26000266
www.gradvminor.com
/u
16.A.14.f
Packet Pg. 1031 Attachment: Letter of No Objection (12292 : Approval of a Variance from Coastal Construction Setback Line for Clam Pass County Park
16.A.14.gPacket Pg. 1032Attachment: Sign Affidavit and Exhibits (12292 : Approval of a Variance from Coastal Construction Setback Line for Clam Pass County Park
16.A.14.gPacket Pg. 1033Attachment: Sign Affidavit and Exhibits (12292 : Approval of a Variance from Coastal Construction
16.A.14.gPacket Pg. 1034Attachment: Sign Affidavit and Exhibits (12292 : Approval of a Variance from Coastal Construction
16.A.14.hPacket Pg. 1035Attachment: 12292 - legal ad - Clam Pass Facility CCSL (12292 : Approval of a Variance from Coastal Construction Setback Line for Clam Pass
16.A.14.h
Packet Pg. 1036 Attachment: 12292 - legal ad - Clam Pass Facility CCSL (12292 : Approval of a Variance from Coastal Construction Setback Line for Clam Pass