Resolution 1997-314120 3
RESOLUTION NO.gT., 314
PETITION APPROVING WITH CONDITIONS PETITION CCSL-gT-1B,
REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION
SETBACK UNE TO ALLOW CONSTRUCTION OF A HANDICAPPED
BEACH ACCESS RAMP, IN-FILUNG OPEN AREA~ WITH DECKING,
ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION
AND ADDITION OF NEW DECKS, LOCATED AT THE PEUCAN BAY
SOUTH BEACH FACILITY, PELICAN BAY PLANNED UNIT
DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION),
SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FL.
WHEREAS, Brett D. Moore. PE. of Humiston and Moore Engineers. representing
the Pelican Bay Foundation. Inc., requests a variance from Ihe Coastal Coflstrucfion
Selback Line (CCSL) as required by Collier County Ordinance No. g1-102 Division 3.13,
as amended to allow construction of a handicapped beach access ramp, in-filling open
areas wilh decking, roof coverings over decking, restaurant expansion and addition of
new decks (See Exhibit B): and
WHEREAS, the subject property is located at the Pelican Bay South Beach
Facility, Pelican Bay Planned Unit Development; and
WHEREAS. the proposed structure will extend approximately one hundred fifteen
(115+) feet seaward of the adopted CCSL for the proposed handicap ramp, and
between fifty (50) feet and one hundred thirty (130+) feet seaward of the adopted CCSL
for new decking and construction over existing decking; and
WHEREAS, the petition is consistent with the Collier County Land Development
Code DIvfsion 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: Vadance Petition CCSL-
97-1B be approved, subject to the following condiUons:
AJI proposed improvements shall be designed in accordance with the standards
of the Florida Department of Environmental Protection (FDEP) Divfslort of
Beaches and Shores and an approved FDEP permit shall be obtained, and
copies provided, prior to issuance of a Collier County Building Permit.
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 . October 31, sea turtle nesting season, without first
submitting and obtaining FDEP and Collier County Construction in Sea Turtle
Nesting Area Permits.
12C
Petitioner shall notify Current Planning Environmental Staff one week prior to
commencing work seaward of the CCSL and shall again contact Staff within ore
week following completion of work seaward of the CCSL.
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.
Petitioner shall utilize only native coastal dune vegetation for all orr-site
landscaping beyond the 1974 Coastal Construction Control Une.
Petitioner shall re-vegetata 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 to
construct decking and romps.
7o
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Petitioner shall install appropriate signs tn the re-vegetation area indicating that
beach users are requested not to intrude into this re-vegetation area.
Petitioner shall submit a Gopher tortoise survey (and if necessary a plan to
barricade the work area or a Gopher tortoise mlocatiorV management plan) to
Collier County Current Planning Environmental Staff for review and approval,
prior 1o any site improvements or obtaining any building permits.
Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for
Gopher tortoise) prior to any site improvements or obtaining any building
10.
Petitioner shall field locate handicapped ramp to avoid or minimize potential
Impacts to existing Gopher tortoise and their burrows.
11.
Petitioner shall remove all exotic vegetation from the boundary of Itm South
Beach Facir~ in accordance with The Collier County Land Development Code
Section 3.9.6.6.
12. Minor revisions to Coastal Construction Setback Line Variance CCSL-97-1B
(including changes in siting and structures) may be approved, in writing, by lhe
Planning Services Director or his/her designee.
This Resolutiort adopted after motion, second and majority vote favoring same.
DONE AND ORDERED this ~ ~''( day of ~,~,~'~, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
tIMOTHY I~-IANCOCK, Chairman
AFl'EST: '..i, ';
DWIGHT E. BROCK, Clerk
.Approved ~s to Form and Legal
s~:
Heldi Asht0n .... ~
Assistant County Attorney
ccM.9?.l B RESOCUTION
I~D~SC~IPTIO~
PELZCAH BAY - SOUTH BEACH
All that part of Section 8, Township 49 South, Range 2S East,
Collier County, Plorida and being described as foll~s:
C~ncing a~ the northwest co,er of Parcel "D", Pelican Bay
UniC One according
~k ~2, pages 47 ~h~ 52, Collie~ C~n~y ~bl~c Records,
Col~ie~ County,
said Pa~ce~ "D", $~h le]g,00- Eal~ 167.00 feet; ~ence
S~th ~'45'59. Wes~ 1866.52 feet to a ~int on the Florida
Depart~nt of Natural Res~rces Coastal Const~ction Control
Line and the ~Z~ OF B~I~I~ of the parcel herein
described;
thence continue alon9 said Control Line S~th 4'll'lS.7-
East 6~8.31 feet; thence c~tinue along laid Control
Line S~th 5'52'49.9- East 425 feet ~te or leis to the
Mean High Water Line o~ CI~ Pass: thence northwesterly
alon9 the Mean High Water Line o~ said Clam Pass and
northwesterly alon~ the ~an High Water Line o~ the Cul~
o~ Mexico, 1150 feet ~re or less to a ~int which lies
on a line that bears S~th 89'26'00. ,elf fr~ the Point
of Be~i~ing; thence sion9 laid line North 89'26'00.
East 181 feet ~re or less
the parcel herein descri~: subject to eas~nts and
restriction of record.
PELICAN BAY - NORTH BEACH
Co~encing at the Northeast coz-ncr of the Northwest one-
c~Jarcer (]~1/4) of said Section 4, Township 49 South, Range
25 East; thence North 89'38'59- west, along the North line of
said Section 4, a distance of 26¢2.02 feet Co the Northwest
corner of said Section 4 and the Northeast corner of said
Section $; thence continue North 89'38'59, Welt, along the
North line of said Section 5, a distance of 1283.47 feec to
the intersection with the Florida Department of Natural
Resources Coastal Conacz~ccion Control Line, as recorded in
COASTAL SET BACX BOOK I, Pages 13-25; thence Southerly along
said Coastal Construction Control Line the following courses:
South 11'23'55.5, EaIC a distance of 142.75 feet to a point
on the Coastal Const~uccion Control Line, said point being
South 38*49'24.3- East, a distance of 322.15 feet form P.R.M.
64-78-A-07; thence South 10'39'14. East, a distance of
1027.72 feet; thence South 08,23.14.$. East, a distance of
1007.78 feec to a point, said point being South 86'54'27-
East, a distance of 68.13 feet from Pe~anenc Reference
MOnument Ro35; thence Sovch 08'09'45- East a distance of
419.48 feet to the POINT OF BEGINNING of the parcel described
herein:
thence continue South 08*09'45- East along said Control
Line for 562.00 feet; thence leaving said Coaltal
Construction Control Line, proceed due West for
approximately 228 feec Co 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.
AS PROVIDED BY CLIENT
EXHIBIT "A"
11
EXHIBIT
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