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Resolution 1995-247 RESOLUTION NO. 95-247 12 C 3 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-94-15 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW THE EXPANSION OF EXISTING BEACHSIDE FACILITIES, INCLUDING A SECOND COVERED PAVILION, A SECOND STORY TO THE EXISTING PAVILION, A SHORE PARALLEL BOARDWALK, A MAINTENANCE BOARDWALK AND TWO DUNE WALKOVERS, LOCATED AT 280 VANDERBILT BEACH ROAD, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Dorothea Zysko of Wilson, Miller, Barton and Peek, Inc., representing the Ritz-Carlton Hotels, a Georgia Limited Partnership; requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended, to allow the expansion of existing beachside facilities, including a second covered pavilion, a second story to the existing pavilion, a shore parallel boardwalk, a maintenance boardwalk and two dune walkovers, located at 280 Vanderbilt Beach Road; and WHEREAS, the subject property is located on a stretch of undeveloped shoreline within the Pelican Bay PUD; and WHEREAS, a second covered pavilion will extend approximately thirty (30) feet seaward of the adopted coastal construction setback line (CCSL); and WHEREAS, existing food service facilities will be relocated to the second story addition of the existing pavilion with the first level functioning primarily as a banquet facility. The proposed structure will be constructed within the footprint of the existing building to the extent practicable; and WHEREAS, the proposed dune walkovers will extend approximately one hundred twenty-five (125) feet seaward of the adopted coastal construction setback line (CCSL); and WHEREAS, the proposed shore parallel boardwalk will extend approximately sixty (60) feet seaward of the adopted coastal construction setback line (CCSL); and 12C 3 WHEREAS, the proposed maintenance boardwalk will extend approximately fifty-five (55) feet seaward of the adopted coastal construction setback line (CCSL); 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 Collier County Growth Management Plan Element. Conservation and Coastal Management NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-94-15 be approved subject to the following conditions: 1. The covered pavilion, banquet facility, shore parallel boardwalk, maintenance boardwalk and dune walkovers shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) and approved by the FDEP Division of Beaches and Shores. These structures may be field adjusted to minimize impacts to adjacent coastal dune vegetation. 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 1 - October 31, sea turtle nesting season, without first submitting and Obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. Construction of the dune walkovers shall not occur during sea turtle nesting season. (CCLDC, Section 3.10.7.2) 4. If it is necessary for vehicles to be on the beach during construction, a Collier County Vehicle on the Beach permit shall be required, subject to review and approval by the Collier County Planning & Technical Services - Environmental Staff prior to any construction activity. Vehicle on the Beach Permits will not be issued during sea turtle nesting season per Collier County Land Development Code Section 3.14.6. In the event protected species, burrows or nests during construction, work shall cease, and Planning & Technical Services - Environmental contacted immediately. 6. Petitioner shall notify Collier County Planning & Technical Services - Environmental Staff one week prior to commencing work seaward of CCSL and shall again contact Staff within one week following completion of work seaward of CCSL. 5. are encountered Collier County Staff shall be 7. 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 Collier County Land Development Code. 8. Petitioner shall utilize native coastal dune vegetation for all on-site landscaping. 12C 3 9. Prior to completion of construction, all exotic vegetation, as defined by County Code, shall be removed from all areas seaward of the CCSL and the property owner shall be responsible for subsequent annual exotic removal. 10. Minor revisions to Coastal Construction Setback Line Variance CCSL-94-15 (including changes in siting and structures) may be approved, in writing, by the Planning Services Department Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this ~r DAT~: .3/:z{f.,- ATTEST:" .. ~WfG~ .1.~J3~~CKt ~ferk ~~'. '. ,/~;l ~'1:'. .~L :It-! G.C I ~' \ ..' '~uERK : c=L .' ' ..~ . :: . Awroved' as to ~rm and Legal t~uff.iei!"ncy: ,'.>. ... ' ~ ~ \",' ~. :f;> "1.. . ,. ,\\ - . J "'; . .,'. . Dav d C. We g Assistant County day of ~,--L--. 1995. BOARD OF COUNTY COLLIER COUNTY, COMMISSIONERS F;Y; TTHEWS, CHAIRMAN