Resolution 1992-137
RESOLUTION NO. 92- btl
FEBRUARY IS',' 1992
RESOLUTION APPROVING WITH CONDITIONS
PETITION CCSL-91-7 REQUESTING A VARIANCE
FROM THE COASTAL CONSTRUCTION SETBACK
LINE (CCSL) TO ALLOW THE CONSTRUCTION OF
SIX ACCESSORY EAST-WEST DUNE WALKOVER
STRUCTURES AND ONE ACCESSORY IATERAL
WALKWAY STRUCTURE WITHIN BAY COLONY ,
PELICAN BAY POO, UNIT 8, TRACTS B, C, D,
E IN SECTIONS 5 AND 8, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the petitioners, Westinghouse Communities of Naples,
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;;L;Inc. ' through their representative Susan He~l Watts, Director of
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;i.~lanning and Permitting ot Bay Colony requests a variance from the
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'Coastal Construction Setback Line (CCSL), as required by Collier
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';:County Ordinance No. 91-102, Division 3.13 to allow construction of
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, "~ accessory east-weat dune walkover structures and one accessory
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ateral walkway structure tor the residents of Bay Colony in the
elican Bay Development; and
,'~'. 4 WHEREAS, the proposed dune accessory east-west, walkover
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~~tructures will extend approximately one hundred (100) teet to one
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tifty (150) feet, depending on the width of the dune,
...,r:-seaward ot the adopted CCSL; and
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WHEREAS, the proposed accessory lateral walkway structure will
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extend approximately forty (40) teet to ninety (90)'feet seaward of
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'7'th~... ~dopted CCSL; and
~fr:~~~, dune walkover and walkway structures are minor
and are consistent with Subsection 161.55(2), Florida
the Coastal Zone Protection Act of 1985 and Collier
County Growth Management Plan - Conservation and Coastal Management
;Elaent Policy 11.4.7.
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.lf4~: NOW, 'l'HEREFORE, BE IT RESOLVED BY THE "BOARD OP COUNTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: Variance Petition
be approved subject to the following conditions:
The six accessory east-west dune walkover structures and one
accessory lateral walkway structure are approved under this
variance and they shall be designed and constructed according
to the standards of the Florida Department of Natural
Resources, Division of Beaches and Shores.
2. The construction of any accessory east-west dune walkover
structure shall not commence until a Collier County Building
Permit and an associated State of Florida Department of
Natural Resources permit have been obtained first for the
II OO&l!;E 69
FEBRUARY 18, 1992
primary structure approved per site development plan review
and 'secondly for the accessory east-west dune walkover
structure. If the site development plan final approval
necessitates changes to the dune walkover locations, Project
Review Services, Environmental Staff shall determine whether
the change is minor and will cause any adverse effect on the
beach/dune system. If Staff determines that said change may
adversely impact the beach/dune systems, the petitioner shall
resubmit a Coastal Construction Setback Line (CCSL) Variance
Petition for review by the Board of County Commissioners.
3. All heavy equipment operations and vehicle operation seaward
of the Coastal Construction Setback Line shall be restricted
to the Sea Turtle non-nesting season (November 1 through April
30), unless a Construction in a Sea Turtle Nesting Area Permit
is obtained from the Florida Department of Natural Resources
and Collier County.
If it is necessary for vehicles to be on the beach for the
construction of the six accessory east-west dune walkover
structures and one accessory lateral walkway structure, the
petitioner shall apply for a Vehicle on the Beach Permit,
subject to the review and approval by the Project Review
Services Environmental Staff prior to any construction
activity.
No clearing shall occur within one foot on either side of the
perimeter of the walkover or walkway structures.
Safety fencing shall be installed along either side of the
walkover or walkway construction area, one foot outside ot the
perimeter of the walkover or walkway structure. Fencing shall
be maintained during construction.
No trees shall be used for securing ropes, cables, or guy
wires.
Pile installation shall be started with an augured hole and
embedded using ~ water jet.
Prior to the issuance of a Collier County building permit for
the one accessory lateral walkway structure the petitioner
shall pursue permitting handicap ramps at the middle and south
end of the accessory lateral walkway structure.
This Resolution adopted after motion, second and majority vote
'.:;, ~avoring same.
lath
day of February.
, 1992.
Legal II 000 PAGt 70