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Resolution 1995-431 RESOLUTION 'NO. 95-&31 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-95-1 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO RE-NOURISH AND RE-VEGETATE THE BEACH AT VANDERBILT BEACH IN SECTIONS 29 AND 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. JUl 2 5 1995 WHEREAS, Harry Huber of Collier County Office of Capital Projects Management, representing the Collier County Board of County Commissioners, requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Divisio:l 3.13, as amended, to allow the ilddition or 300,000 cubic yards of sand from upland sources or offshore borrow areas to 8,700 feet of 'leach on Vanderbilt Beach and the north end on Pelican Bay seaward of the CCSLi and to allow dune plantings with temporary irrigation systems seaward of the CCSL; and WHEREAS, the subject pI'perty is hereina~ter described as: Exhibit "A" wl'ich is attachec hereto and incorp Irated by reference herein; and WHEREAS, the proposed b<< !ch re-nourishment ~ill straighten out the existing crescent shaped shoreline along Vanderbilt Beach thereby decreasing the rate of erosion in the area; and WHEREAS, the addition of sand seaward of arm Ired shoreline areas will reduce offshore erosion lItes in the area; a Id WHEREAS, the addition of .land seaward of arn.:lred shoreline areas and eroded dune systems wil enhance the potf'mtial nesting zone available for sea turtles and shore birds; and WHEREAS, restoration of sand dunes will enhance the native coastal biotope and provida additional prot'ction to adjacent properties during storm event and WHEREAS, the addition of sand to the beach will create additional recreation areas f( , Collier County re..idents; and WHEREAS, increased turhidity in the project area may have temporary advrrse impacts to the local maril.a environment; and WHEREAS, the proposed r, asign of mean high water (MHW) will extend approximately three hu~red (300) feet seaward of the adopted coastal construction setback line (CCSL); and WHEREAS, the proposed adjusted toe of fill will extend approximately six hundred (600) feet seaward of the adopted coastal construction f ltback line (CC~ L); and ~OOI; "'.JO PAGE 139 JUL 2 51995 WHEREAS, the petition is consistent with the Collier County Land Development Code Division 3.13, as amendE!d; 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-95-1 be approved subject to the following conditions: 1. A permit f;'~om the Florida Department of Environmental Protection, Division o~ Beaches and Shores shall be submitted to Planning and Technical Services Environmental Staff prior to the start of construction. 2. All beach construction activities, including but not limited to grading, '~illing, alteration of .xisting ground elevations, operation of vehicles on the beach and dune rostoration shall not occur during sea turtle nesting season. 3. If it is necessary for vehicles to be Oll the beach during construction, a Collier CCJnty Vehicle on thl Beach permit shall be requireti, subject to rc'riew and approval b' the Collier County Planning' Technical Servj:es - Environmenta: Staff prior to any constructj~n activity. V!hicle on the Beach Permits will not be issued during sea turtle nesting season per Collier County Land Development Code Section 3 14.6. 4. In the event protected species, burrows or nests during construction, work shall cease, and Planning & TeChnical Services - Environmental contacted immediately. are encountered Collier County Staff shall be 5. Petitioner Services - seaward of following shall notify Collier County P~anning & Technical Environmental :: taff one week prio'. to cOJlUllencing work CCSL and shal, again contact St.ft within one week completion ot work senward of CCSL. 6. Petitioner shall utilize lative coastal dune vegetation for all dune plant.'. nga. 7. Minor revisions to Coastal' Construction Setback Line Variance CCSL-95-1 (including changes in siting and structures) may be approvod, in writing, by the Planning ':ervices Department Director or hiS/her designee. This Resolution adopted '.tter motion, secor d and majority vote favoring same. CONE AND ORDERED this of ~_ , B~~C Y COLLIER CrJ /:7- BY~ / .;)J. _ day 1995. DATE~~7f.s- .'" .,. ""1 ATTEST:' t.... i "'. DWtGHT'~:"~R.OCj .,. CLERK . . (', :./. : ep y c:ler _ : Ap ovedas to' Form . Su tieienay: . i~4.~e AssistllntCounty Attorney emw/doc:9259 i.OOK 000 PAG[ 140 -2-