Resolution 2020-131RESOLUTION NO. 20 - 131
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/ 1127
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 lq"\ day of
2020.
ATTEST:
CRYSTA`' IIiift CLERK
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Approved to form and legality:
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r 4-13-20
S`a*y-AJAshkar
Assistant County Attorney
Attachment: Exhibit A — Site Plan
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA A
By:
Burt L. Saunders, Chairman
[19-ENS-00641/1534154/1] 27
Clam Pass CCSV / PL20190002627 CAO
4/13/20
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