CBAC Backup Documents 08/13/2009 R
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MEETING AGENDA
CLAM BAY ADVISORY COMMITTEE
THURSDAY, AUGUST 13,2009 - 9:00 A.M.
North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room A6, Naples.
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Xl.
XII.
XlII.
Call to Order
Pledge of Allegiance
Roll Call
Changes and Approval of Agenda
Public Comment
Approval of Minutes
I. July 16,2009 - Clam Bay Advisory Committee Minutes
2. Approval of Subcommittee Minutes
a. March 6, 2009 - Clam Bay Permit Subcommittee
b. March 18,2009 - Clam Bay Mangrove Maintenance and Habitat Subcommittee
Chairman's Comments
Staff Reports
1. Activity Update on the following:
a. 10 Year Tidal Flushing Maintenance Dredging Permit Application
b. Navigational Markers FDEP Permit
c:.. Hz 0 ~ v<< I, ~ -
New Business
I. Safety Signs at Clam Pass - Beach and Channel
Old Business
I. Mission Statement Update and Review of Open Items
2. Funding Update
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Announcements
Committee Member Discussion
XIV.
Next Meeting Date/Location
September 10,2009 - North Collier Regional Park, 15000 Livingston Road, Exhibit Hall,
Room A, Naples. ., '- '1 \
~ q a..IIY\'
Adjournment
All interested partied are invited to attend, and to register to speak and to submit their objections, If any, in "'Titing, to the board prior to the
meeting if applicable
For more information, please contact Gail D. Hambnght at (239) 252-2966
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If you are a person wIth a disability who needs any accommodation in order to participate In this proceeding, you are entl1led, at no cost to you, to
the provision of certain assistance. Please contact the Collier County Facliltics Management Department located at 3301 East Tamiami Trail.
I\aples, FL 34112, (239) 252-8380
Public comments will be limited to 3 mmutes unless the Challlnan grants pernllSslOn for additional tmle
Collier County Ordinance '40 99-22 requires that alllobbYIS1S shall. before engagmg 111 anv lobbying activiues (including, but not limited to,
addressmg the Board of County CommiSSIOners) bel,)re the Board of County Commlsslon,,,s and its adVISory boards, register with the Clerk to
the Board at the Board Minutes and Records Department
EXECUTIVE SUMMARY
2
Review with the Clam Bay Advisory Committee Mission Statement Commitments,
Assess Progress and Revise as Needed.
OBJECTIVE: Review with the Clam Bay A dvisory Committee Mission Statement
commitments, assess progress and revise as needed.
CONSIDERATIONS: The approved Clam Bay Advisory Committee Mission Statement
is attached. Key commitments in this document are as follows:
1. Complete the Management P Ian and su bmit draft written report to the CAC by
September 30, 2009.
2. Revise recommendation to the Board of County Commissioners (BCC) by mid
November.
3. Written report tot he B CC by 0 ctober 2 0, 20 09 with recommendations on
whether the BCC should continue with this committee.
Several items have occurred since this Mission Statement was prepared, most notably:
1. Late a pplications from interested parties delayed appoi ntment by the B CC and
the formation of the committee.
2. Resolution of the new 10 year permit and the navigational markers in Clam Bay
consumed co nsiderably m ore attention an d resources than anticipated. T his is
especially true with t he addition of t he Pelican B ay ( PB) Foundation and
, restrictive covenant rights.
-f..' 3. Negative comments/lobbying by a Clam Bay Advisory Committee member to the
BCC negatively impacted full funding and 0 ur abi lity to get everything done a t
once.
4. The BCC only funded data analysis and collection efforts for the water quality
study, $120,000 of a $365,000 program.
A data collection and analysis schedule prepared by PBS&J is attached which indicates
a draft report for this phase of the project will be available by October 19, 2009.
Based on this, staff is recommending the following:
1. That a written report be pr epared an d di scussed at the September 17, 2009
CBAC meeting. T his report will outline progress to date; defining a co mpletion
schedule and recommend that this committee be co ntinued to complete the
Master Plan and manage this estuary for the benefit of all the residents of Collier
County.
2. It ap pears that the final report of the data collection and an alysis portion of the
water quality study will not be complete with recommendations to the BCC until
January 2010. Based on t his and a pproval of t he modeling phas e 0 f this
program, final conclusion a nd recommendations will not be complete until Ju ne
2010.
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EXECUTIVE SUMMARY
Update the Clam Bay Advisory Committee on funding progress and plans.
OBJECTIVE:
plans.
Update the Clam Bay Advisory Committee on funding progress and
CONSIDERA TIONS:
1. For this current year FY2008-09, mangrove maintenance is being funded by the
county and will be performed by the Pelican Bay Services division.
2. For this current year FY2008-09, the County has also funded $120,000 in capital
to conduct the water quality data collection and analysis.
3. For FY2009-10, mangrove maintenance funds will be provided by the county.
The Pelican Bay Services Division has requested $175,000 for "scaled back
mangrove maintenance",
4. We will meet with Pelican Bay Services Division to understand what is included
in their funding request so as to not duplicate and coordinate items.
5. A budget will be prepared based on the coordination meeting with the Pelican
Bay Services Division, other mangrove maintenance issues identified by Tim
Hall, other operational expenses items (Water quality monitoring costs, court
reporting, lab fees, chemicals, etc.) and capital needs.
6. Capital budget requests will include the modeling and peer review phase of this
program.
7. This funding request will be included in our update and recommendations that
will be presented to the CBAC in September and the CAC and BCC in October.
ADVISORY COMMITTEE RECOMMENDATIONS: This is an information update only,
no action is required.
FISCAL IMPACT: The Source of funds will be from Fund 111 for this activity.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office. This item is not quasi-judicial, and as such ex parte disclosure
is not required. This item requires majority vote only. This item is legally sufficient for
Board action. - CMG
RECOMMENDATION: Information only, No action required.
PREPARED BY: Gary McAlpin, CZM Director
McAlpinGary
Importance:
Feldhaus, Stephen [sf@feldhauslaw.com]
Friday, July 24, 20099:40 PM
McAlpinGary
FW: Informational Safety Signs at Clam Pass
ClamPass_lnformation_ 4signs(LA TLONG),pdf; ClamPass_(LA TLONG).pdf
High
From:
Sent:
To:
Subject:
Attachments:
Gary,
I am in receipt of your email. The Foundation will review the proposed signage and will be in touch next week,
Best,
Steve
From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net]
Sent: Friday, July 24, 2009 11:35 AM
To: James Hoppensteadtj barlow_gj MillerRonj KeyesPamela
Subject: Informational Safety Signs at Clam Pass
Importance: High
All,
Enclosed are the informational safety signs that I propose for Clam pass. These are informational signs only and the two
in the channel will need to be permitted by FWC.
It is in everyone best interest to get these signs installed as quickly as possible to b protect all the citizens of Collier
County. The language is what we expect FWC to approve. Ultimately, they will approve what is on the signs. Once we
agree on the language, we will submit a permit application to FDEP and FWC.
The location of the interior channel informational sign was chosen to warn boaters before they enter the area of the
pass where swimmers are in the channel. Young adults routinely rope swing into the channel from the shore trees.
Please provide me your comments as soon as possible.
J. Gary McAlpin, Director
Coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 34116
Gary McAlpin(W,colliereov .net
(239) 252-5342
.~~~:(23~}}~~-4061
From: Flynn, Bryan D [mailto:BDFlynn@pbsj.com]
Sent: Friday, July 24, 2009 11:01 AM
To: McAlpinGary
Cc: S~rr, Matthew 5
Subject: Clam Pass Revised Signs
Gary,
Here are the figures with the revisions. Please let me know if you have any changes.
Bryan Flynn
Associate Project Manager
PBS&J Coastal and Waterways Group
5300 W. Cypress St.
Suite 200
Tampa, FL 33607
Office: (813) 281-7689
Cell: (772) 633-5300
Fax: (813) 286-1207
This electronic mail communication may contain privileged, confidential, and/or proprietary information which is the property of either The PSSJ Corporation or one
of its affiliates. If you are not the Intended recipient or an authorized agent of the intended recipient please delete this communication and notify the sender that
you heve received it in error.
2
McAlpinGary
Importance:
Feldhaus, Stephen [sf@feldhauslaw.com]
Friday, July 24, 2009 9:40 PM
McAlpinGary
FW: Informational Safety Signs at Clam Pass
ClamPass_lnformation_ 4signs(LATLONG)pdf; ClamPass_(LATLONG).pdf
High
From:
Sent:
To:
Subject:
Attachments:
Gary,
I am in receipt of your email. The Foundation will review the proposed signage and will be in touch next week.
Best,
Steve
From: McAlpinGary [mailto: GaryMcAl pin@colliergov.net]
Sent: Friday, July 24, 2009 11:35 AM
To: James Hoppensteadt; barlow_g; MillerRon; KeyesPamela
Subject: Informational Safety Signs at Clam Pass
Importance: High
All,
Enclosed are the informational safety signs that I propose for Clam pass, These are informational signs only and the two
in the channel will need to be permitted by FWC.
It is in everyone best interest to get these signs installed as quickly as possible to b protect all the citizens of Collier
County, The language is what we expect FWC to approve. Ultimately, they will approve what is on the signs. Once we
agree on the language, we will submit a permit application to FDEP and FWC.
The location of the interior channel informational sign was chosen to warn boaters before they enter the area of the
pass where swimmers are in the channel. Young adults routinely rope swing into the channel from the shore trees.
Please provide me your comments as soon as possible.
J. Gary McAlpin, Director
Coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 34116
GarvMcAloin(ti.l,collien!:ov.net
(239) 252-5342
Fa~: (~~9)35~~~~6~
From: Flynn, Bryan D [mailto:BDFlynn@pbsj.com]
Sent: Friday, July 24,200911:01 AM
To: McAlpinGary
Cc: Starr, Matthew 5
Subject: Clam Pass Revised Signs
EXECUTIVE SUMMARY
Update the Clam Bay Advisory Committee on Safety Marker Progress for Clam
Pass.
OBJECTIVE: Update the Clam Bay Advisory Committee on safety marker progress
for Clam Pass.
CONSIDERATIONS: Safety for boaters and sw immers is a concern of t he County,
Clam Bay Advisory Committee and the Pelican Bay Foundation.
The attached proposal was presented to the Pelican Bay Foundation to protect all the
citizens of Collier County with Clam Pass,
These are informational signs and not navigational markers and the two in the channel
need to be permitted by FWC.
Resolution is requested on t he I anguage and location with no objection to permitting
sought so that installation can be completed.
ADVISORY COMMITTEE RECOMMENDATIONS:
FISCAL IMPACT: The Source of funds is from Fund 111 General Fund,
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: "This item has been reviewed & approved by the County
Attorney's Office." - CMG
RECOMMENDATION: For information only.
PREPARED BY: Gary McAlpin, CZM Director
March 6, 2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
CLAM BAY PERMIT SUBCOMMITTEE
Naples, Florida, March 6, 2009
LET IT BE REMEMBERED, that the Collier County Clam Bay Permit
Subcommittee in and for the County of Collier, having conducted business
herein, met on this date at 9:00 A.M., at the Office of Coastal Zone
Management, 3300 Santa Barbara Blvd., Naples, Florida with the following
members present:
Chairman: Tahlmann Krumm, Jr.
Robert Rogers
Noah Standridge
ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management
Gail Hambright, Accountant
Pamela Keyes, Coastal Zone Management
March 6, 2009
I. Call to Order
The meeting was called to order at 9:01 AM
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
III. Roll Call
Roll Call was taken and a quorum was established.
IV. Changes and Approval of Agenda
Mr. Rogers moved to approve the agenda. Second by Mr. Krumm.
Carried unanimously 2-0.
V. Chairman's Comments and Chairman Appointment
Mr. Krumm assumed the Chairman of the Subcommittee. He stated Public Speakers
will be limited to 3 minutes and the comments should not be personal in nature and be
related to the facts of the issue at hand.
VI. Approval of minutes
1. Approval of February 6, 2009 Subcommittee minutes
Mr. Rogers moved to approve the minutes of the February 6, 2009 minutes.
Second by Mr. Krumm. Carried unanimously 2-0.
Mr. Standridge arrived at 9:07AM
VII. Staff Reports
Gary McAlpin submitted the Executive Summary "Discuss and make a
Recommendations to the Clam Bay Advisory Committee on installation of
Navigational Markers/Information Markersfor Clam Bay" dated March 6, 2009. The
following related documents were also submitted for review and he provided
comments as indicated:
1. Navigational Markers Information and Documentation.
a. Letter from USACE dated March 2, 2009 directed to County to install
Navigational Markers in Clam Bay.
· The letter states "Installation of these markers is indeed a requirement
of the Department (~f the Army permit. In addition, the markers must
meet U.S, Coast Guard standard'i for signs. h it requested you
provide the Corps with a drawing showing the placement of these
markers and a time frame when you expect the signs to be in place."
It was noted any changes in the existing Management Plan would
require review by the US Army Corps.
b. February 27, 2009 email and pictures from Pamela Keyes addressing
buoys.
2
March 6, 2009
. The photos are of buoys intended to be used in the marking of the
interior channel.
c. Collier County Ordinance 96-16 Establishing Clam Bay for Motorized
Vessel use at idle speed.
. The Ordinance confirms the County allows the use of motorized
vessels in Clam Bay.
d. City of Naples letter dated February 24, 2009 expressing support for
navigational marking of Clam Bay.
e. Quit Claim Deed Ordinance 09-66, Page 1841-1862; Declaration of
Restrictions Ordinance 0966, Page 1830-1831; Department of Army,
Permit Ordinance 0966 Page 1824-1829 outlining county restrictions
against navigational dredging
. Page 1826 -- Item c. States, "There is to be no dredging allowed by
permit or otherwise in Outer. Inner. and Upper Clam Bay, its
connecting waterways and/or adjacent .wetlands, or Clam Pass (except
to maintain the opening to ,>vaters ofCu(f of Mexico, ")
. Page 1847 - Item 6. Legislation states "Owner shall not applyfor
dredge orflll permits in Park Site or Conservation Areafrom any
governmental bodies, regardless o{any future amendments to the
statutes or regulations olthe United States or the ,')tate of Florida or
as a result oldecisions of the courts (~lthe United States or State of
Florida, without the prior written consent of Declarant, which consent
may be withheld in the sole and absolute discretion of Declarant, "
. This confirms the County may only dredge the Pass for the
Maintenance associated with ..tidal flushing."
f. Proposed channel marker locations and sign age.
. A plan was submitted "Proposed Clam Bay /o...farker Plan" dated
March 4, 2009, which provides the location of the proposed markers.
. The markers would consist of a combination of posts and buoys.
. A document providing an example of the signs to be placed at the
mouth of the Pass and the end of the Pass near Seagate, which warns
boater's local knowledge, is required to navigate the Pass.
. It was noted the Florida Department of Environmental Protection
requires 5 additional informational signs.
Mr. Krumm moved to adopt the "Proposed Clam Bay Marker Plan" dated March 4,
2009 for Navigational Signage as submitted by Staff and related Environmental
Signage as outlined by Sta.ff. Second by Mr. Standridge.
Discussion
Mr. Rogers noted:
. The poles are more aesthetically pleasing than buoys and recommend their use.
3
March 6, 2009
· Confirmed the marker at the mouth of the Pass will be out in the "Tidal Zone"
· A pole with informational signage should be placed when you enter the Pass in
the area where the swimmers and boaters usage ofthe area conflict.
Gary McAlpin stated a pole could be placed in this location if it is approved by
the required Agencies. An informational sign is currently located on the Beach to
warn swimmers on the presence of boats in the area.
· All Seagate homeowners that attended the Associations Annual meeting in
February 2009 expressed support for marking the channel.
· An additional marker should be placed in the middle of the Bay to prevent
grounding of boats within the Bay.
Discussion ensued on whether the proposed marker near the entrance of the Pass, where
swimmers and boaters conflict, should be a pole or a buoy.
Gary McAlpin recommended the marker be a pole with an informational sign.
Soeakers
Kathy Worley, Conservancy of Southwest Florida expressed concern if the first two
markers at the entrance ofthe Bay from the Gulf of Mexico are not located properly, it
will encourage boaters to traverse over the existing shoal creating environmental damage.
This may lead to dredging of the shoal in the future.
Linda Roth, Pelican Bay Resident expressed concern the "Proposed Clam Bay Marker
Plan" is not in conformance with Provision "A" of the Clam Bay Management Plan. She
noted the US Coast Guard states the signs are to keep boaters in the channel and prevent
environmental damage to the area. The proposed markers do not meet this objective.
She submitted other examples of US Coast Guard markers, which may be used in the area
to more efficiently achieve the objective outlined.
Sarah Wu, Seagate Resident supports the marking plan but expressed concern the
buoys may be subject to vandalism by "anti boaters." A better alternative would be
utilizing the poles.
Ned Renfro, Seagate Resident supports marking of the channel, and recommended an
additional pole in the area where swimmer/boaters come into conflict as previously
discussed.
Andy Safron, Seagate Resident noted the most important marker is the additional one
discussed in the area of the swimmers. He recommended poles be utilized in all locations
(as opposed to a combination of buoys and poles) due to weather related concerns as they
are more permanent.
Sue Black, Seagate Resident and boater notes the signage and is critical for boaters
who do not have local knowledge of the Pass to reduce liability to the County. This will
deter boaters who are not familiar with the Pass from entering it.
4
March 6, 2009
Meredeth Dee, Seagate Resident noted the original proposed plan was for 28 pole
markers. The new plan is a substantial compromise by the Seagate Homeowners. Collier
County Ordinance 96-16 addresses the issue the Bay is navigable. She agrees with the
additional 2 markers proposed, but prefers poles to the buoys.
Marcia Cravens, President, Mangrove Action Committee provided photos, which
showed the lower water level conditions existing in the Pass. The proposed signs do not
meet the objective of warning the public to prevent environmental damage. The marking
will mislead the public that this area is navigable and encourage them to enter the area
creating negative impacts to the existing wildlife environment.
Rick Dykman, Seagate Resident noted it is important to place an additional sign in the
area where swimmers and boaters come into conflict. He notes marking the channel will
aid in preventing environmental damage
Jim Pelton supports marking the channel/Bay and noted almost every user of the Pass
utilize the Pass at higher tides.
Jeff Fridkn, Seagate Resident stated the area is navigable and the public safety needs to
be protected by proper signage.
Lori Langley, Sea gate Resident noted the Seagate residents have been boating in this
area since 1957. She prefers the use of poles as opposed to buoys.
Mr. Krumm amended the motion to recommend the Clam Bay Advisory Committee
moveforward to mark the Pass with the proposal ("Proposed Clam Bay Marker Plan"
dated March 4, 2009 and additional Florida Department of Environmental Protection
(FDEP) informational signs) with the addition of one buoy in the Bay and one
informational sign on a pole in the area where swimmers and boaters come into
conflict. In addition moveforward to obtain permission from the FDEP, US Coast
Guard, Fish and Wildlife Service (US) and to place the signs in the desired locations.
Mr. Standridge amended his second. Carried unanimously 3-0.
2. Clam Pass Permit information and Documentation
a. Clam Pass permit drawings dated February 27, 2009
b. Clam Pass Dredging JCP Application dated February 18,2009.
Gary McAlpin and Jeff Tabar of PBS&J provided an overview of a Permit
Application for the dredging of Clam Pass for tidal flushing and emergency
dredging (storm event) purposes. The Application is within the limits of the
dredging template and associated cross sections previously perm itted. The
project is funded by Tourist Development Council revenue.
It was noted Clam Bay Advisory Group Subcommittee #2 which deals with
water quality and tidal flushing, etc. will be examining the issue and
5
March 6, 2009
recommend any necessary options to be considered for future dredging to
improve water quality.
Mr. Krumm moved to recommend to the Main Committee the Permit
Application be submitted/or approval. Second by Mr. Rogers.
SDeakers
Marcia Cravens, President Mangrove Action Group addressed the
Subcommittee and:
· Requested clarification how the preparation of the Application was
approved and funded.
· Noted the project occurs in wetlands with potential negative impacts,
which requires a public notice.
· Noted the Application fails to recognize the work is within a wetland
and Natural Resource Protection Area.
· Noted the Application is for a sand source for beach re-nourishment
and inconsistent with the Growth Management Plan (GMP), Land
Development Code (LDC) and Quit Claim deed.
· Noted Attachments are missing from the Application.
· Stated PBS&J is not familiar with the GMP, LDC and other
requirements.
Kathy Worley, Conservancy of Southwest Florida requested clarification if
a monitoring plan is in place for the northern end of the Bay to ensure the
environmental benefits of the dredging can be accurately assessed.
Gary McAlpin noted the hydrologic conditions of the water quality could be
provided ifrequested.
Linda Roth, Pelican Bay Resident expressed concern the Permit Application
is actually for "sand mining" for beach re-nourishment, not for tidal flushing.
Gary McAlpin noted any sand removed during the dredging process that is of
"beach quality sand" would be utilized to re-nourish Clam Pass Beach. This
activity provides a positive economic benefit to the County.
Sue Black, Seagate Resident noted when dredging has occurred in the past,
the water quality in the Seagate area has improved.
Motion carried 3-0.
VIII. New Business
1. Resolution of Navigational Markers for Clam Bay
Completed under item VII.]
2. Approval of JCP Permit Application for Dredging Clam Pass - PBSJ
Completed under item VII.2
6
March 6, 2009
IX. Old Business
None
X. Announcements
None
XI. Committee Member Discussion
None
XII. Next Meeting Date
To be detennined.
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 10:50 AM.
COLLIER COUNTY CLAM BAY PERMIT
SUBCOMMITTEE
Chairman, Tahlmann Krumm
These Minutes were approved by the Board/Chairman on
as presented , or as amended ___
7
March 18, 2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
CLAM BAY MANGROVE MAINTENANCE AND HABITAT
SUBCOMMITTEE
Naples, Florida, March 18, 2009
LET IT BE REMEMBERED, that the Clam Bay Mangrove
Maintenance and Habitat Subcommittee in and for the County of Collier
having conducted business herein, met on this date at 2:00 P.M. at the
Coastal Zone Management Office at 3300 Santa Barbara Blvd., Naples,
Florida with the following members present:
Chairman: Kathy Worley
James Carroll
John Arceri
ALSO PRESENT: Gary McAlpin - Director, Coastal Zone Management
Gail Hambright - Accountant, Coastal Zone Management
Pamela Keyes - Environmental Specialist
March 18, 2009
L Call to Order
Mr. l\1cAlpin, Coastal Zone Management Director, called the meeting to
Order at 2:02 P.A!.
II. The Pledge of Allegiance was recited
III. Roll Call
A quorum was established.
IV. Appointment of Subcommittee Chairman and Chairman Comments
John Arceri moved to nominated Kathy Worley for Chairperson. Second by
James Carroll. Motion carried unanimously 3-0.
Kathy Worley expressed concern and perceives a problem with all the different
subcommittees and how the subcommittees intertwine.
V. Changes and Approval of Agenda
Add: IX 1. Pwpose Subcommittee Makeup and Integrated
John Arceri moved to approve the Agenda as amended. Second by James
Carroll. Motion carried unanimously 3-0.
VI. Public Comments
Ned Renfroe, a Naples native and Seagate resident for 8 years - expressed
Seagate is very interested in the health of Clam Bay, the Estuary and the
Mangroves. He wants to preserve boating rights and keep the Mangroves and Clam
Bay beautiful. It is important to him personally, there are no etTorts to proclaim the
boating and the mangroves incompatible. He also commented on channel markers;
protecting the seagrass and flushing is good for the Mangroves, and noted there is a
decline in water cleanliness.
Jim Burke - voiced concern on protecting boating rights. He stated boaters tend to
be a little paranoid about the possibi lity of losing their rights but are interested in
the health of Clam Bay, the Estuary and Mangroves.
VII. Approval of Minutes - None
VIII. Staff Reports - None
IX. New Business
1. Purpose Subcommittee Makeup and Integrated
Kathy Worley distributed "Links between Physical, Biological and Chemical
Process" and "Clam Pass A1angrove lvfaintenance and Estuary Subcommittee. "
(See attached)
2
March 18, 2009
She noted the importance of knowing all the plans for the Estuary in order to
develop a management plan for the health of the Estuary. She expressed her
concern of not knowing what all the other subcommittees were planning to
implement and making different decisions.
Jim Arceri stated he didn't fully understand "Mangrove Maintenance." In the
early 1990's when there was a 50-acre mangrove "die off" a lot of work was
done to lowering this level to only II-acres of mangrove "die off'. Two
solutions used to raise the level were:
· Adequate amounts of salt water flushing
· Run-off Program
He stated, at that time there wasn't any Mangrove "maintenance procedures."
He also stated that he could not find any additional information on "Mangrove
Maintenance" and he did not know how much the subcommittee could achieve.
The Flushing and Water Quality Subcommittee has the most important role in
maintaining the Mangroves.
Gary McAlpin, Coastal Zone Management Director noted all the
subcommittees intertwine and recommended establishing a set of tasks that
need to be done and move forward to make recommendations for the Estuary
i.e.
. Fish
· Water quality
· Management for oysters & clams
· Mangrove Flushing
· Tasks and Timing
. Management for mangroves
· Habitat and wild life
Discussion ensued on reviewing historical studies on what biological work
has been done to date and what insights the documents reveal, and define
what the habitat should look like and establish a goal.
2. Review of Past Successful Mangrove Maintenance Practices and Procedures
Tim Hall, Turrell Hall & Associates stated his firm took over the management
and implementation of the Management Plan in 1998. He gave a brief history
of Clam Pass including the numerous times the Pass was closed, causes for the
die off of 50 acres, permitting and dredging. He stated limited hand cut
channels were made from 200 I through 2005 and added plantings. He also
mentioned natural components out pedormed the man made islands and has had
tremendous growth over the past 6 years.
He broke maintenance into 3-steps.
· Aerial Observations - Every year a 200 scale aerial photograph
taken of the whole system in color and infrared. The infrared will
show the stressed areas.
· Twice a year flyover in a small plane and take photographs.
3
March 18, 2009
. Visual Observations of the Mangroves - 8 hours of observation per
month throughout the year. During the dry season get the
Mangroves ready for the rainy season and storms.
Tim Hall answered many questions about flushing, biological planning,
monitoring and other problems not stemming from flushing.
Jim Arceri stated the 10- Year Master Plan talks about the need to be dynamic
and is based on constant monitoring and to revise the plan if necessary. He
stated the existing managing plan is doing a good job and recommended
continuing with that type of a plan.
3. Recommendation of Policies and Procedures for Mangrove Maintenance
Moving Forward for Inclusion in Estuary Management Plan
Gary McAlpin recommended the subcommittee solicit a recommendation from
Tim Hall on policies and procedures that build on successful practices for
Mangrove Maintenance to be incorporated into the Master Plan.
Tim Hall stated he was working on a similar plan for the Pelican Bay MSTU.
A question was asked if the Pelican Bay MSTU is developing a master
plan - how does it fit in with this subcommittee's plan.
Gary McAlpin responded the Mangrove Subcommittee needs to have a
document on Mangrove Maintenance to insure the continued health of the
Mangroves by making recommendations for a productive plan.
Speakers
Marcia Cravens, Mangrove Action Group stated the subcommittee is
missing the point of biological diversity. All the subcommittees are not
working together. She talked about misconceptions on flushing. The
optimal situation for Mangroves is shallow. slow moving waters and low
wave energy,
Jim Pelton, a Seagate resident since 1973, stated the neighborhood could not
help notice the gradual degradation of the water quality and the foul odor along
with the algae mass. They were wondering how much testing and tidal studies
are being done in the South. Residents are concerned that there is a real problem
and would like to know what the subcommittee's plans are.
Kathy Worley responded water quality is a separate issue and a separate
subcommittee.
Tim Hall also responded that stations they monitor are positioned at the
Canoe/Kayak Launch and at culverts at Naples Cay. The quality of the water, in
terms of the nutrients, Nitrogen and Phosphorus levels have been good.
John Arced moved that the subcommittee request Turrell Hall & Associates
document the Maintenance and Monitoring Program they are presently
performing on the Mangroves that has been successful and provide it to the
4
March 18, 2009
subcommittee for approval including the estimated annual cost of a
Monitoring and Maintenance Program. Second by James Carroll.
Motion carried unanimously 3-0.
4. Clam Bay Habitat Discussion and Identification Approach
Gary McAlpin suggested the subcommittee document:
· what biological diversity is
· what is in Clam Bay and
· what they can expect in the system.
The Staff recommended the subcommittee involve a consultant.
Kathy Worley suggested:
· Researching and creating a Management Plan
· Also, historical studies to see what biological work has been done and
what insights the historic documents will reveal
· Identify external and anthropogenic drivers of the system
· Develop performance measures
· Overall goals
Discussion ensued on the research required, the time frame, systems, and the
value of a having a consultant provide documentation to the subcommittee for
review as a starting point to work on the Master Plan; to be submitted to the
BCC.
Tim Hall stated the historical documentation for Pelican Bay, Clam Bay and
Clam Pass could be done short term. Other similar systems, to see differences
between them, will take longer.
Gary McAlpin recommended using the combination of Turrell Hall &
Associates to provide historical documentation, and PBS & J who are
knowledgeable on other systems throughout Southwest Florida, to provide
system documentation and make recommendations.
Speakers
Marcia Cravens, Mangrove Action Group stated the work the subcommittee
is talking about doing has already been done and is known as the Coastal Zone
Management Plan. The Natural Resource Department has completed significant
amount of research of what the subcommittee needs.
Gary McAlpin responded the study was done a while ago and only covers
a portion of the historical information and not systems information.
He suggested for the next meeting they compile historical data from the Coastal
Zone Management Plan to use as a basis, historical information from the Turrell
Hall library and any information on "like systems" from PBS & J to establish a
plan.
John Arceri moved to request Turrell Hall & Associates and PBS & J to work
with the (.mbmmmittee) chairperson to utilize existing information on
5
March 18,2009
historical data, report back to the subcommittee on what they believe, where
they are now, where they can go in different steps, and what needs to be done
to get there in various steps. Second by James Carroll. Motion carried
unanimously 3-0.
5. Habitat Plan Integrated with Water Quality Program - None
6. Next StepslProposals
It was noted that subcommittees need to report tomorrow on who the
chairpersons are and when assignments will be completed. The committee
decided the assignments would not be completed by the original estimated date
of July 15, 2009.
X. Old Business - None
XI. Public Comments
Marcia Cravens, Mangrove Action Group asked ifthere was an existing contract
with PBS & J.
Gary McAlpin responded not on this project. PBS & J has the knowledge and
expertise required by the committee.
XII. Announcements - None
XIII. Committee Member Discussion - None
XIV. Next Meeting Date/Location
The Clam Bay Mangrove Maintenance and Habitat Subcommittee will meet on
April 15, 2009 at 2:00 pm.
*****
There being no further business for the good ofthe County, the meeting was
adjourned at 4:20 PM.
Clam Bay Mangrove Maintenance and Habitat
Subcommittee
Kathy Worley, Chairman
These Minutes were approved by the Subcommittee on
as presented or as amended
6
July 16,2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
CLAM BAY ADVISORY COMMITTEE
Naples, Florida, July 16, 2009
LET IT BE REMEMBERED, that the Collier County Clam Bay Advisory
Committee, in and for the County of Collier, having conducted business
herein, met on this date at 2:30 r.M" North Collier Regional Park in the
Administration Building in Naples, Florida, with the following members
present:
Chainnan: James A. Carroll
Vice Chairman: John Arceri
Ronald A. G lah
Noah Standridge (Excused)
Robert Rogers
Kathy B. Worley
David Roellig
Tahlmann Krumm, Jr.
David Farmer
ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management
Gail Hambright, Accountant
Colleen Greene, Assistant County Attorney
July 16, 2009
I. Call to Order
Chairman Carroll called the meeting to order at 2:32 PM
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
III. Roll Call
Roll Call was taken and a quorum was established.
IV. Changes and Approval of Agenda
Mr. Arceri moved to approve the Agenda. Second by Mr. Krumm. Carried
unanimously 8-0.
V. Chairman's Comments
1. Role of Sub-Committee versus Main Committee Discussion
Chairman Carroll noted with many ofthe Subcommittee tasks being completed,
the Main Committee will handle any remaining issues unless otherwise required.
An Agenda item is necessary tor the next meeting to review how to complete the
task assigned by the Board of County Commissioners given the deadlines
imposed.
VI. Approval of Minutes
1. April 16, 2009
Mr. Krumm moved to approve the minutes of the Apri/16, 2009 meeting.
Second by Mr. Arceri. Carried unanimously 8-0.
VII. Staff Reports
1. Activities of BCC - Update
Gary McAlpin, Director, Coastal Zone Management provided the updates.
a. Mission Statement
The Board of County Commissioners approved the Mission Statement on
May 26, 2009 with no modifications.
b. Permit Application
The Board of County Commissioners approved the application submittal for
the new 10-year permit on May 26,2009.
The existing permit has expired, however, the regulating parties will accept a
request for any necessary work in the event of a storm emergency.
The new permit will be a Joint Coastal Permit (JCP) issued by the Florida
Department of Environmental Protection and the US Army Corps of
Engineers.
Staff anticipates it will be approximately 9-12 months before the permit is
issued.
2
July 16,2009
c. Channel Marking
The Board of County Commissioners reviewed the Channel Marking Plan
approved by the Committee on May 26,2009. Various parties spoke on the
issue and no decision was made.
Commissioner Coyle recommended ajoint meeting be held May 29,2009
between the Seagate Homeowners Association. Pelican Bay Foundation,
Clam Bay Advisory Committee (CBAC) and Staff to see ifan agreement for
marking the channel could be reached.
Subsequent to the meeting, no agreement could be reached between the
affected parties.
The item returned to the Board of County Commissioners on June 23,2009
and the Channel Marking Plan was approved as originally proposed by the
CBAC.
it was noted the Committee's It'ork on this item has concluded.
Discussion occurred about the US Army Corps Engineers (USACE) issuing a
statement the markers do not have to be the "red and green" markers.
Gary McAlpin noted the County has not received a copy of that statement.
Discussion occurred on a June 9, 2009 memorandum from Lanie Edward's of
the Florida Department of Environmental Protection (FDEP) to County Staff,
which indicated the FDEP permit will not require the installation of
"navigational markers" and this statements possible impact on the BCC
decision to mark the channel.
Gary McAlpin clarit1ed there are two permits in question in reference to the
Joint Coastal Permit previously issued, the FDEP permit and the USACE
permit. The FDEP has indicated they will enforce the "informational signs"
required in their permit, not the navigational channel markers. The USACE
permit does require "navigational markers" to be installed and StatThas not
received any statements to the contrary from the USACE.
Discussion occurred noting even if a permit does not require "navigational
markers" be installed, does the County have an obligation to mark the channel
to ensure the safe navigation of vessels?
d. Water Quality Study
It was noted the Committee's focus should now be on the Water Quality of
the System.
VIII. New Business
1. Work Plan Review and Approval for Data Existing Modeling Review and
Analysis as well as Collection of New Data.
-,
-,
July 16,2009
Gary McAlpin provided the Executive Summary "Work Plan and Approvalfor
Existing Data and Modeling Review/Analysis and the collection of New Data
requiredfor the Water Quality Analysis, "
He noted:
· The Study proposed by PBS&J was presented to the BCC on June 23,
2009 and Staff requested complete funding of the Study.
· The BCC authorized funding the "1st Phase" of the Study in the
amount of $120,000 (to review the existing data and collect the new
data, etc. required in the proposed Study).
· The City of Naples has pledged an additional $25,000 to aid in funding
the Study.
· Upon completion of the Phase, the results will be presented to the
BCC for discussion on moving forward with the "Modeling Phase."
It was noted the CBAC should continue to stress the importance of the "Modeling
Phase" of the study as the result flushing requirements, etc. will assist in
maintaining the ongoing health of the System.
Discussion occurred noting the Florida Department of Environmental Protection
is revising Water Quality Standards. Is the Study pre-mature and should it be
postponed until the new standards have been adopted?
Gary McAlpin noted one aspect of the Study is to develop "unique standards"
required to maintain the Water Quality in the Clam Bay System. Concern exists
that uniform State of Florida Water Quality Standards may not pertain to all
systems within the State and may be counterproductive to the health of some
individual systems. This issue has been addressed by Dr. Tomasko of PBS&J.
Gary McAlpin noted in conclusion, Staff recommends the Clam Bay Advisory
Group approve the Executive Summary.
Mr. Farmer left at 3:25 p.m.
Discussion occurred on why PBS&J was chosen to complete the work as other
local firms have completed work in the past for the County and Pelican Bay
Foundation. Some individuals/organizations have objected to PBS&J completing
the Study.
Gary McAlpin noted PBS&J is qualified by the County to complete the work and
has been chosen to provide a new "independent analysis" of the entire System.
Discussion ensued on the availability of funds to complete the remaining phases
of the Study.
Gary McAlpin anticipates funds for the "Modeling Study" wil] be provided from
Tourist Development Council funds and the "Peer Review" will require General
Revenue funds.
4
July 16,2009
Discussion occurred if Humiston and Moore and Terrell Hall and Assoc. should
address the Committee on the results of their Studies previously conducted on the
System.
j~r. Arceri moved to approve theflrst three steps of the Water Quality Program
including Development of a Water Quality Program, Sediment and Biological
Characterization and Physical Data Collection by PBS&J for a price of about
$140,000. (This Phase of) the Study to be completed by November and include
in the Summary of the Report, the necessity of completing the Modeling Phase
(~fthe Study. Second by Mr. Krumm.
Speaker
Jerry Moffatt, Pelican Bay Services Division noted the Division has taken no
formal position on engaging PBS&J to complete the new Study.
Motion carried unanimous(v 7-0.
2. Endorsement of an Inter-local Agreement with the City of Naples for $25,000
Funding.
Gary McAlpin presented the Executive Summary "Obtain the CSAC
endorsement to obtain an Inter-local Agreement with the City of Naples for
525,000 to share costfiJr the Developing a Water QualitvMonitoring Program. "
Mr. Krumm moved to approve the Executive Summary (Obtain the CBAC
endorsement to obtain an Inter-local Agreement with the City of Naples for
$25,000 to share cost for the Developing a Water Quality Monitoring
Program.") Second hy Mr. Roellig. Carried unanimously 7-0.
IX. Old Business
1. Maintenance Dredging Permit - Update
Discussed under Staff Reports
2. Channel Marking Status/Progress - Update
Discussed under Staff Reports
3. Communications - Jim Carroll
Chairman Carroll outlined the necessity of providing public communications on
the activities of the Clam Bay Advisory Committee (CBAC). The following was
noted:
. There are no funds available for a direct mailing to the public.
. Concern the Naples Daily News does not cover the meeting and
should they be contacted?
. A letter to the editor could be provided to local publications.
5
July 16, 2009
Speaker
Noreen Murray, Pelican Bay Resident recommended the Committee post any
applicable communications on the "Community Forum" page of the Pelican Bay
Website. She acknowledged there is confusion within the Pelican Bay
Community over the tasks being undertaken by the CBAC.
X. Announcements
Gary McAlpin recommended if Committee members have concerns over CBAC
items, they be addressed at their forums, not the Board of County Commission
meetings. CBAC items will be presented to the BCC with "one voice." This activity
has the potential to negatively effect funding requests presented to the BCC.
XI. Committee Member Discussion
Mr. Arceri noted he has received public communications expressing concerns over
conflicts between swimmcrs and boaters in Clam Pass and inquired if the CBAC is
going to address the issue?
Gary McAlpin noted he has contacted Pelican Bay Foundation for 2 proposed
informational signs/markers in the Pass and is in the proccss of developing the exact
wording for the signs.
An update will be provided at the next meeting.
Ms. Worley noted there are outstanding items from Subcommittee tasks such as
proposals by Consultants, etc.
It was noted these issues will be addressed by the CBAC at the next Regular meeting.
XII. Next Meeting Date
To be determined
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 4:06 PM.
COLLIER COUNTY CLAM BAY ADVISORY
COMMITTEE
James A. Carroll, Chairman
These Minutes approved by the Board/Committee on
as presented or as amended
6
Subcommittee Status is as follows:
1. Subcommittee 1 (Permits)
· Has completed i ts work and wear e i n t he per mitting pr ocess. N 0
additional work is required.
2. Subcommittee 2 (Water Qualitv. Mixinq and Runoff)
· The dat a co lIection and a nalysis phase has begun a nd a sc hedule
prepared by P BS&J. N 0 addi tional work is necessary unt il data i s
completed and draft reports are prepared.
3. Subcommittee 3 (Manqrove Maintenance and Estuary Habitat)
· Mangrove maintenance this year has been funded by the county and will
be performed by the PBSD.
.
· A pr oposal is attached f rom Turrell-Hall for maintenance for F Y 09/10.
Funding for this will depe nd on county funds/budget that is approved for
next year.
· It has been articulated that the health of the seagrasses and clams are a
leading indicator 0 f t he he alth of the est uary. I n Task II 0 f t he Water
Quality Study a bi ological ch aracterization and se diment an alysis will be
performed by P BS&J along with Turrell-Hall. Funding w ill be limited to
perform additional bi ological asse ssments and ch aracterization. I t has
been su ggested that if water quality is maximized to su pport t he clams
and seagrasses, then the health of the entire estuary will be improved.
Funds are not available at t his time top erform any addi tional bi ological
assessments that are not covered in the PBS&J study. If this effort proves
inadequate, t hen additional refinement ca n occur in t he future as funds
become available.
~ l~2S'
\&,
(lIoo
4. Subcommittee 4 (Maintenance Dredqinq and Sand Bvpassinq)
· Based on t he Water Quality Study a recommendation for tidal flushing
maintenance dredging w ill be made. I t h as been agreed that no sa nd
bypassing of the Ebb Shoal will be discussed until the 10 year permit and
the Water Quality Study is completed. No work is required now.
Public Outreach - Nothing has been done here.
Funding - Please se separate report for FY 09/10.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item h as been reviewed and appr oved by t he
County Attorney's Office. This item is not quasi-judicial, and as such ex parte disclosure
--'--...<-__'4IIlI'1I'<t
is not required. This item requires majority vote only, T his item is legally sufficient for
Board action. - CMG
RECOMMENDATION: For update and discussion
PREPARED BY: Gary McAlpin, CZM Director
COLLIER COUNTY "CLAM BAY ADVISORY COMMITTEEII
MISSION, FUNCTIONS, POWERS, DUTIES & WORK PLAN
RECOMMENDED BOUNDARIES
The Clam Bay Advisory Committee (hereafter "the Committee") has defined the boundaries of
the Clam Bay Estuary (hereafter "the Estuary") as, generally, that wetland area south of
Vanderbilt Beach Road and north of the Sea Gate Community. The Committee will limit its
review and recommendations to this defined area which will Include Outer, Inner and Upper
Clam Bay with the interconnecting canals from Vanderbilt Beach Road to Seagate Drive.
Specifically, the Estuary area will be as defined ,as the National Resource Protection Area
(NRPA); that is, "the entire Clam Pass system which includes the 2 miles of beach and dune
ridge north to Vanderbilt Road, 0.6 miles of beach and dune ridge south to Seagate Drive, the
associated back bay systems including those of Outer Clam Bay, Inner Clam Bay and Upper Clam
Bay,"
COMMITTEE MISSION
The Committee's mission is to advise, assist and make joint recommendations to the Board of
County Commissioners ("BCC") and the Coastal Advisory Committee ("CAC") with all major
issues affecting the management, use, direction, health and long term viability of the Clam Bay
Estuary in accordance with the protection afforded Clam Pass and Clam Bay's NRPA and
conservation designations as delineated in the Future land Use Element of the Collier County
Growth Plan and Coastal Zone Management Plan. In doing so, the Committee will formulate
recommendations for review and recommend possible funding sources that may be required by
such recommendations.
COMMITTEE FUNCTIONS AND POWERS
The Committee's powers and functions are as an advisory group with the responsibility of
making recommendations pertinent to the Estuary.
COMMITTEE DUTIES
The Committee has defined its specific duties and scope of work relative to its defined mission
as the review and recommendations associated with, but not limited to, the major issues listed
below. The Committee plans on integrating their recommendations on these specific issues into
a comprehensive long term management plan as well as suggested guidelines for the day-to-
day operation of the Estuary.
3/1/2009
Page 1
1, Permit issues, requirements and compliance
2. Water quality and sampling programs
3. Tidal flushing and mixing
4. Mangrove maintenance
5. Maintenance of hand dug channels
6. Nutrient loadings and runoff control
7. Maintenance of Clam Pass
8. Sand bypassing at Clam Pass
9. Navigational use and marking
10. Estuarine wildlife and habitat optimization
11. Public education and outreach
12. Funding
COMMITTEE WORK PLAN
The Committee's work plan is to review the issues listed above by the formation of various
subcommittees and to integrate their specific findings into a recommended long-term
management plan for the Estuary. The recommended subcommittees to be formed and their
specific responsibilities and planned task completion dates are listed below. Each
subcommittee will submit their recommendation to the Committee for changes, modification
and approval. The plan would be to integrate the findings of these subcommittees, complete
the management plan and submit a written draft report to the CAC by September 30, 2009. The
Committee will work with the CAC to make necessary changes to the Committee's draft report
''. and to submit a revised recommended written plan to the BCC by mid-November. In addition,
the Committee will submit a written report to the BCC by October 20 with recommendations on
whether the BCC should continue with this Committee. If continuation is approved, the
Committee will make necessary changes to the recommended plan based on input and
guidance from the CAC and the BCC and finalize the report by December 31,2009.
It should be noted that the Committee recognizes that some of these subcommittee duties
overlap and interconnect and the Committee may, at its discretion, combine the duties of
several subcommittees and/or schedule joint meetings of multiple, related subcommittees.
1) Subcommittee One (Permits): This subcommittee will be made up of Tahlman Krumm,
Robert Rogers and Noah Stand bridge and address the following issues:
a) Review navigational issues associated with Clam Pass for the specific purpose of
compliance with old permit conditions and the closing out of such permits.
b) This subcommittee will also complete the required application for a new dredging
permit for Clam Pass that enables minimal dredging for tidal flushing.
3/1/2009
Page 2
2) Subcommittee Two (Water Qualitv. Miximt and Runoff): This subcommittee will be made up
of Kathy Worley, Oavid Roellig and Ronald Glah and address the following Issues:
a) Water Quality and SamplinR;: Review prior water quality, technical reports, quality
assurance and control procedures, laboratory certifications, state reporting
requirements and investigate water quality trends and impact on estuarine wildlife and
vegetation. Make recommendations on required water sampling and testIng to assure
the long term viability of the Estuary. Make recommendations on the sampling protocol
to be consistent with other water quality programs.
b) Tidal FlushinR and MixinR:: Review available technical data and make recommendations
on studies that could be undertaken to improve the overall health of the Estuary by the
identification and optimization of tidal flushing and mixing. Overall optimization to
enhance estuarine wildlife is the goal of this subcommittee. Identification of estuarine
wildlife most suited for this habitat and restoration recommendations, if appropriate,
are also to be considered.
c) Nutrient LoadinR and Runoff Control: Review previous reports on the sources and
impact of run off on the Estuary's water quality, mangroves and estuarine wildlife and
habitat. This will include a complete review of nutrient loadings, an identification of the
major sources of runoff and recommended actions to reduce runoff that Is having a
negative Impact on the Estuary. This subcommittee will utilize the output of the Water
Quality Subcommittee described above; in reviewing what part runoff plays on
degrading the Estuary's water quality.
3) Subcommittee Three (Manj;trove Maintenance and Estuarv Habitat) - This subcommittee
will be made up of John Arceri, Jim Carroll and Kathy Worley and address the following
issues:
a) Mangrove Maintenance and Hand Duj;t Channel Maintenance: Review prior technical
reports on the present condition of the Estuary mangroves, trend analysis and
previously recommended actions to assure long term health of the mangrove
community.
b) Estuarv Wildlife and Habitat: Review all available biological and ecological data and
make recommendations on improving the future health of estuarine wildlife and
habitat. This includes, but not limited to, mangroves, seagrass, oysters, clams, etc...
4) Subcommittee Four (Maintenance Dred~inj;t and Sand Bvpassinj;t) - This subcommittee will
be made up of David Roellig, Kathy Worley and Oavid Farmer and address the following
issues:
a) Maintenance Dredginj;t and Sand Bvpassing of Clam Pass: - Review previous reports on
channel related issues. Responsibility will include review and recommendations
associated with maintenance requirements for dredging Clam Pass and an evaluation of
3/1/2009
Page 3
the potential of various levels of sand bypassing on Clam Pass and its surrounding
beaches. The subcommittee will also review and consider the impact of tidal flushing
and mixing on these channels.
5) Additionally, the nine member Clam Bay Advisory Committee will address the following two
topics as a total committee. These topics are:
a) Public Education and Outreach: prepare outlines of a proposed education plan for the
public, local residences and major users of the Estuary waters. The subcommittee plan
would include suggested material needs and methods for reaching all of the Estuary
users. The focus of the public outreach program will involve all users on the need for
public involvement and action to help assure the long-term viability of the Estuary.
b) Funding: review all of the recommendations of the Committee subcommittees and
formulate estimated funding requirements and sources of funds to enable
implementation of the recommended total management plan for the Estuary. Identify
possible funding sources such as the Tourist Development Council, local City
governments and associations, national, state and county governments and a review of
availability of grants from all possible sources.
Upon completion of the work of the subcommittees, the Committee may utilize workshops to
integrate all recommendations into the required comprehensive long term management plan
for the Estuary by October 15.
~:~~y~~
Page 4
3/1/2009
TURRELL, HALL & ASSOCIATES, INC.
MARINE & ENVIRONMENTAL CONSULTING
3584 Exchange Avenue, Suite B . Naples, Florida 34104-3732 . (239) 643-0166. Fax (239) 643-6632
MEMORANDUM
To:
Pelican Bay Services Division
From:
Tim Hall
Date:
March 20, 2009
Subject:
Mangrove Maintenance Scope of Work
Turrell, Hall and Associates has been asked to outline a scope of work necessary to maintain, and
where possible enhance, the recovery of the mangrove forest within the Clam Bay estuary. We
have compiled the following list of activities which we believe will allow for the continued
monitoring and maintenance of the mangrove communities within the system. The list of activities
includes those directly associated with the mangroves (like field observations) as well as those
peripherally associated (like tidal monitoring). We have not included activities such as seagrass or
water quality monitoring which can be secondarily associated with the mangrove health but are not
as connected to it as those activities outlined below. Where known, we have also included
estimated costs for the activities.
1. Continued monitoring and collection of tide gauge data. This information is important to
have as it relates to the flushing capacity of the system and therefore of the mangroves.
Reductions in tidal phases or increases in tidal lag could indicate shoaling or restrictions in
the system aside from the main pass. This data has .been collected in the past by PBSD staff
and analyzed by Humiston and Moore Engineers. Collection should occur monthly to keep
up to date with conditions as well as to insure that equipment is functioning properly.
Estimated Costs: Data Collection $ 7,200
Data Compilation and Analysis $ 8,000
Reserve for Equipment Repair/Replacement $ 500
2. Installation of water level monitoring devices within the mangrove areas could provide
additional data related to the flushing and water exchange capacity within the mangrove
forest. This was tried in the past but salt water and lightning adversely affected the
collection equipment. Alternative technology is now available that could make this item
more feasible. Like the tidal monitoring, data collection should occur monthly. The data
collected could help to identify trouble spots within the network of hand dug flushing
channels before they are observable from the vegetation.
Estimated Costs: Equipment Purchase
Logger Installation
Data Collection
Data Compilation and Analysis
Reserve for Equipment Repair/Replacement
$ 2,400
$ 1,500
$ 7,200
$ 3,000
$ 500
3. Aerial photography should be continued to document the changes from year to year in the
mangrove forest. Every summer, a 200-scale aerial photograph is flown in both color and
infra-red of the entire system. Costs include flights as well as document production. In
addition, oblique aerial photographs are also flow twice a year to track changes and help in
the overall observation of the system.
Estimated Costs: Scale Rectified Aerial
Oblique Aerials (2x1year)
$ 5,000
$ 2,500
4. Exotic and nuisance vegetation control should also be continued. Periodic occurrences of
Brazilian pepper and nuisance vines have been documented. Both PBSD and outside
contractors have been used in the past to eradicate exotic vegetation within the system.
Funds should be available to conduct this work when necessary.
Estimated Costs: Annual Budget (spent in worst areas) $15,000
5. Trimming of mangrove branches that overhang the berm, boardwalks, and channels should
be continued. Keeping the waterways open is essential to maintain the flows and flushing
capabilities within the system. Keeping the benn and boardwalks clear is a public safety
issue to insure that the trams can continue to safely transport people through the system. In
the past, this work has been done once or twice a year in very limited amounts. .
Estimated Costs: Annual Budget (as needed) $ 5,000
6. Maintenance of the hand dug flushing cuts throughout the system is another imperative
activity that should be maintained. These cuts provide the necessary ability to the
recovering areas to maintain tidal and nutrient exchange as well as prevent adverse flooding
conditions during storm and high rainfall events. Because of their small and shallow
construction, they can periodically become blocked or fill in with debris (branches, leaves,
mud, etc.). Maintenance involves visual inspection of the channels and opening up those
that have become clogged. In the past we have prioritized the blocked areas and opened up
those most restricted as funds have allowed.
Estimated Costs: Channel Monitoring (field observations) $ 7,500
Annual Budget (spent in most restricted channels) $32,500
7. Exemption letter or pennit for continued maintenance of the flushing cuts. There are
currently differences of opinion related to the authorizations needed to continue the
maintenance in the same manner as it has been conducted in the past. In order to resolve
this, a request for confirmation that the maintenance is an exempt activity should be sent to
the DEP and ACOE. The fee for confirmation from DEP is $100 and there should be no fee
from the Corps. An application with project description, exhibits, and scope of work would
have to be put together and submitted for review, IfDEP grants the exemption, then
nothing further would be needed, If DEP determines that the work does not meet the
exemption criteria, then a permit would have to be applied for to conduct the work. The
cost of the permit application and processing will depend on how much information DEP
will require for their review. If a permit is required, DEP could also require mitigation or
monitoring efforts.
Estimated Costs: Permit Exemption Request $ 5, I 00
Permit Application and Processing(if required)$15,000 - $150,000
Permit required mitigation or monitoring ???????
8. Monitoring of the mangrove system should be continued through the biological observations
similar to those that have been ongoing for the past ten years. Tracking growth, re-
vegetation, seedling recruitment and other biological parameters through annual monitoring
of transects or plots throughout the system will track long term trends and improvements.
Estimated Costs: Budget for 20 Monitoring Plots $20,000
Ground truthing of System (6-8 hrs/month) $ 9,000
9. Reporting on annual maintenance and monitoring activities along with public education
components should also be continued to keep residents of the status as well as the
importance of this habitat.
Estimated Costs: Compilation and Report Production
Oral Presentation to Community
$11,000
$ 2,500
10. Preparation of a Standard Operating Procedures (SOP) manual for the maintenance work.
Given the recent confusion regarding who is going to be doing what work within the system,
it would be good to have a document that any firm or organization could pick up and
understand how to undertake the pertinent activities. For instance, the tidal monitoring
section would have protocol for when and how to collect the data, how often the gauges
should be maintained, who should maintain them, as well as contact people for all aspects of
this work item. Similar sections of the SOP manual would deal with all on-going aspects of
the monitoring and maintenance activities.
Estimated Costs: Compilation and Manual Production $10,000
As can be seen, there are many activities associated with the maintenance and monitoring of the
mangroves within the system. Some of these items are critical while others are more discretionary but
all of the above items are important in terms of collecting appropriate data to allow for long term
management decisions to be made. Given potential budgetary constraints it is important to prioritize the
work so that those items most important are assured of being done. Our opinion in order of importance
would be 7, 6, 5, 4, 1, 3, 8, 9, to, 2. We would be happy to discuss these items or provide additional
information if you have any questions regarding this memorandum.
Sincerely,
Timothy Hall
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ORDINANCE NO. 76- 30
AN ORDINANCE ENACTING AND ESTABLISHING COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED k~EA OF THE
COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY,
FLORIDA; DEFINING CERTAIN TERMS HEREIN USED; DIVIDING
SUCH UNINCORPORATED ARF.A'INTO DISTRICTS hND ESTABLISH-
ING THE BOUNDARIES THEREOF AND WITHIN SUCH DISTRICTS
REGULATING AND RESTRICTING THE ERECTION, CONSTRUCTION,
RECONSTRUCTION, ALTERATION, REPAIR OR USE OF BUILDINGS,
STRUCTI1RES, OR LAND OR WATER; REGULATING AND RESTRICT-
ING THE LOCATION, HEIGHT, NUMBER OF Sn)RIES, AND SIZE
OF BUILDINGS AND OTHER STRUCTURES; REGULATING AND
RESTRICTING THE PERCENTAGE OF LOTS TI~T MA~ BE OCCUPIED;
REGULATING AND RESTRICTING THE SIZE OF YARDS MID OTHER
OPEN SPACES; REGULATING AND RESTRICTING THE DENSI1Y OF
RESIDENTIAL DWELLING UNITS; REGULATING AND RESTRICTING
THE LOCATION AND USE OF BUILDINGS, STRUCTURES', AND LAND
AND WATER FOR TRADE, COMMERCE, INDUSTRY, nESIDENCE,
RECREATION, AND OTHER PURPOSES; PROVIDING FOR THE AD-
MINISTRATION, ENFORCEMENT, AND N~NDMENT OF THIS
ZONING ORDINANCE; SETTING OUT THE POWERS, RESPONSIBIL-
ITIES, AND DUTIES OF THE PLANNING COMMISSION UNDER
TillS ORDLNANCE; SETTING OUT THE POWERS, RESPONSIBILITIES,
F~D DUTIES OF THE BOARD OF ZONING APPEALS UNDER THIS
ORDINANCE; SETTING A SCHEDULE OF FEES AND CHARGES UNDER
TillS ORDINANCE; DECLARING THAT THE PROVISIONS -OF THIS
ORDINANCE ARE MINIMUM :OR MAXIMUM REQUIREMENTS AS THE
CASE MAY BE; SETTING PEN.\LTIES FOR VIOLATION OF THIS
ZONING ORDINANCE AND AUTHORIZING RESORT '1'0 OTHER REME-
DIES TO PREVENT OR ABATE VIOLATION/ PROVIDING THAT
PROSECUTIONS BEGUN UNDER PREVIOUSLY EFFECTIVE ZONING
REGULATIONS MAY BE CONTINUED; PP.OVIDING THAT THE REGU-
LATIONS SET OUT HEREIN SIIA!.!. SUPERSEDE ANY AND ALL
PREVIOUS REGULATIONS, RESOLUTIONS, OR OkDINANCES
APPLICABLE TO THE UNINCORPORATED AREA OF THE COASTAL
AREA PLANNING DISTRICT; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH, PROVIDING FOR SEPARABILITY; SETTING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Article VIII, Section l(f) 'of the Constitution
of Florida confers on counties broad ordinance making power
when not inconsistent with general or special law;
AND. WHEREAS, Chapter 125.01, Florida Statutes, confers
on alJ counties in Florida general powers of government,
j ncluding the ordinance making power and the power to plan
and regulate the use of land and water:
1
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AND WHEREAS, Chapter 163, Part II, Florida Statutes,
gr^nts to cities and counties in Florida the power to under-
take comprehensive plannin~ programs, prepare and adopt com-
prehensive plans for future development, and adopt and
enforce zoning regulations to aid in implementing such
adopted comprehensive plans;
AND WHEREAS, Chapter 163, Part II, Florida Statutes,
declares that the powers granted by such act are supplemen-.
tal and cumulative of other general or special legislation
on the Gubject;
WHEREAS, Collier County on October 14, 1974 enacted a
Comprehensive Zoning OrdinancQ for the Coastal Area Plan-
ning District of Collier County relying on the provisions of
Chapter 163, Part II of the Florida Statutes as one of the
bases ot its authority to' enact said zoning ordinance, and
WHEREAS, the Attorney Ceneral of the State of Florida
has rendered an informal opinion that Collier County may not
utilize the powers and provisions of Chapter 163, Part II
because said Chapter 163, Part II contemplates a planning
area comprising the entire unincorporated area of a county,
and
WHEREAS, the Legislature of the State of Florida has
recognized the geographic, demographic and economic differences
between the populous, urban coastal area of Collier County,
and the relatively sparsely populated, rural agriculture
oriented Eastern area of Collier County by enacting Chapter
67-~246, Special Acts, Laws of Florida, ~967, as amended by
Chapter 69-964, Special Acts, Laws of Florida, 1969, which
recognizes these differences by authorizing the formation of
multiple planning commissions and districto, the adoption of
a Comprehensive Plan for each district, and the ad~ption of
20ning regulations for each district, and
~1HEREAS, the aforesaid Comprehensive Zoning Ordinance for
the Coastal Area Planning District was also enacted in accord-
ance with said Chapter 67-~246 as amended, and
WHEREAS, the Board of County Commissioner9 of Collier
county desires to enact a Comprehensive Zoning Ordinance under
such procedures as are clearly authorized by law, and to
reaffirm its intent to comply with the provisions of said
Chapter 67-1246;
WHEREAS, the Board of County Commissioners of Collier
County, Florida finds it necessary under the authority thus
granted to adopt and enforce comprehensive zoning regulations
for those unincorporated lands and waters subject to the
jurisdiction of the County and lying in that area of the
County denominated as the Coastal Area Planning District, to
2
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the end that the public health, safety, comfort, order,
appearance, convenience, ~orQls, and tho ge~cral welfare will
be served;
WHEREAS, the Board of County Commissioners of Collier
County, Florida and its recommendatory agents did t~kc action
in the manner prescribed by law, and did on September 17, 1974,
adopt a Comprehensive Plan for the Co~stal ^rea p~anning ,
District;' , , '~:...-Z,.,
. ':" ,.' ... ~." ....:.
WHEREAS, the Doard of County CommiSsioners of Collier'
County, Florida and its recommendatory agents have conformed
to all applicable procedural requirements of Florida law, and
particularly those requirements relating ,to public notice and
hearing;
WHEREAS, all applicable substantive requirements of law
have been met;
NOW TlIEREFORF., BE IT ORDAINED BY THE BOAR!) OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLOnIDA:
Section 1. snORT TITLE:
....
This ordinance shall be known as cited ~s the ~Collier
County Zoning Ordinance tor the Coastal Area Planning Dis-
trict."
Section 2. INTENT AND PURPOSE:
1. It is the intent and purpose of this ordinance to
establish and adopt comprehensive zoning regulations gov-
erning the use of land and waters in the Coastal Area
Planning District of Collier County. The regulations ~~.t
out are based on a comprehensive plan for f~turp development
of the area, and are enacted to protect, promote, and improve
the public health, safety, comfort, order, appe~rance, con-
venience, morals and general welfare of the re~ents of the
area and o,f the County.
;,
2. It is intended by this ordinanc~ to accomplish and
to provide for efficiency and economy in the process of
future development and redevelopment; appropriate use of
land; preservation, protection, conservation, and develop-
ment of the natural resources of land, water and air; con-
venience in circulation ot traffic for the transport of
people, goods, and commodities, protection of persons and
property in floodways and flood plains~ healthful and con-
venient distribution of population; adequate and contin-
uously maintained public facilities and utilities: pro-
motion of amenities, both public and private, to maintain
and improve the quality of life fqr all residents; and
development in accord with the comprehensive plan.
3
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Section 3. DEFINITIONS:
. 1. General: For the purpose of this zoning ordinance,
certain terms or words used herein shall be interpreted as
follows:
A. The word person includes a.firm, association,
organization, partnership, trust, 'company, or corporation
as well as an individual.
B. The present tense includes 'the future tense,
the singular number includes the plural, and the plural '
number includes the singular.
C. The word shall is mandatory; the word may is
permissive. ' -
D. The words ,used or occupied includes the words
intended, designed, or-arranged to be used or occupied.
E. The word ~ includes the words plot, parcel,
or tract.
-----F. The word structure include3 the word builulng
as well as other things constructed or erected on the
ground, attached to something having location on the ground,
or requiring construction or erection on the ground.
G. The word land includes the words ~, ~,
or swamp.
H. Torms not defined shall have the meaning cus-
tomarily assigned to them.
Abuttinq PrOEertiesl Abutting properties are
properties having A boundary line or a portion of n boundary
line in common with no intervening public street.
Accessory Use or Structure: An accessory use or
structure is a use or structure of a nature customarily in-
cidental and subordinate to the principal use or structure
and, unless otheniise provided, on the Same premises. On
the same premises with respect to accessory uses and struc-
tures shall be construed as meaning on the same lot or on a
contiguous lot in the 8ame ownership.
Acre: An acre is an area containing 43,560
square feet or-irea. Gross acreage is the total area ot a
lot or parcel of land measured within the perimeter
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iff 655 fAcf1214
boundaries of the lot or parcel. Net acreage is the total
area of a lot or parcel measured within the perimeter
boundaries of thQ lot or parcel but with the area.of roads
and canals right-of-way excluded.
, ~lle~: An alley is a public or approved private
way which af ords only a secondary means of acces~ to abutting
property and which is ,not intended for general traffic
circulation.
Alteration: Alter or alteration means any
change in size, shape, occupancy, character, or use of a
building or structure.
Area of Environmental Sensitivit~: An area of
environmental sensitivity is an area of land andlor water
where change in the area resulting from development may
degrade the environment of the area below permissible State,
Federal, or County standards. An area of environmental
aensitivity may be developed, but only in accord with the
provisions of this ordinance and applicable State and
Federal standards.
Automobile Offstreet Parking Space: See Park-
ing Space, Offstreet.
Automobile Service Station: An automobile
service station is an establishment whose principal business
is the retail dispensing of automobile fuels and oil.
Yard:
Bar, Cocktail Lounqe, or Saloon: A bar, cock-
tail lounge, or saloon is any establishment devoted pri-
marily to the retailing and on-premises consumption of
malt, vinous, or other alcoholic beverages, or any place
where any sign visible from public ways is exhibited or
displayed indicating that alcoholic beverages are ob-
tainable for consumption on the premises.
Boardin9 House: A boarding house is an esta-
blishment with lodg~ng for four l41 or more persons where
meals are regularly prepared and served for compensation
and where food is placed upon the table family style, with-
out service or ordering of individual portions from a menu.
~:
A block is the length of a street
5
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ORDINAN'CE 93- 37
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AN ORDINANCE iUIENDING ORDINANCE 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE;
ADOPTING AND I1ICORPORATING ENVIRONMENTAL
LAND DEVELOPMENT REGULATIONS MANDATED BY THE~
GROWTH MANAGEMENT PLAN AND RECOMMENDED IN ~
THE ~ z_a IWI_BNDnr P.fM:~V:l; AND ~....
CORRECTING LEGhL DEFICIENCIES IN ARTICLES ~~~
ONE, TWO, THREE, PIVE AND SIX OF ORDINANCE ~~
91-102 AND ADDRESSING AN AMENDMENT TO .J'
SECTION 2.2.16.2.1 RELATING TO PERMITTED ~~
USES IN THE INDUSTRIAL 7.0NINGDISTRICT; MORE ~
PARTICULARLY PROVIDING FOR SECTION ONE,
RECITALS; PROVIDING FOR SECTION TWO,
FINDINGS or FACT; PROVIDING FOR SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE; PROVIDING FOR SECTION
FOUR, CONFLICT AND SEVERABILITY; PROVIDING
FOR SECTION FIVE, EFFECTIVE DATE.
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Whereas, the Land Development Code may not be amended more
than two tilles in each calendar year pursuant to Section 1.19.1,
LDC; and
Whereas, this is the first amendment to the Land Develop.ent
Cod8, Ordinanc., 91-102, in this calendar year; and
Whereas, on March 23, 1993 the Board of County Commissioners
~;: ,
",:' adopted Resolution 93-124 establishing local requirements and
procedure. for amending the LOC; and
Whereas, all require.ent. of Resolution 93-124 have been .et;
, "
'.
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and
.
.
Whereas, on April 6, 1993 the Board of County Commissioners
adopted Resolution 93-144 limiting' the subject matter of
amendae~ts and establishing deadlines for the first LaC amendment
oycle of the 1993 calendar year; and
Whereas, Resolution 93-144 limit. the subject matter of the.e
amendments to environmenta~ land development regulations mandated
by the Growth Manag'81lI8nt Plan and recollUllended by the CZMP, to
identified 18981 deficiencies and to ca.e. ot hardship; and
Wherea., the Collier county Planning Co..isaion in a manner
pre.cribed by law did hold an adverti.ed publio hearing on May 6,
1993 and on June 10, 1993 concerning' the.e amendments to the LOC,
and
Wherea., the Board ot County Commis.ioners in a manner
G 'HI 910;>-'
pre.cribed by law did holeS advertised public hearin98 161. "~
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tOllK C61PA(.! 328 JUt.!93 ~
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1993 and on June 29, 1993 and did take action concerning the.e
a.endJIents to the LDC J and
Whereas, all applicable substantive and procedural
requirements of the law have been met.
NOW, THEREFORB, BB IT ORDAINED BY THE BOARD or COUNTY
COHKISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 11 RECITALS
The foregoing recitals are true and correct and incorporated
by reference herein as it fully .et forth.
SECTION 21 FINDINGS or FACT
The Board of County Commissioners of Collier County, Florida,
hereby 1IIak.s the following Undinqa of fact:
1. Collier county, pursuant to Sec. 163.3161, ~ AaQ., Fla.
stat., the Florida Local GOV8rlUl\ent Comprehensive Planning and
Lan4 Development Regulation Act (hereinatter the "Act"), is
required to prepare and Adopt a Comprehensive Plan.
2. After Adoption 01' the Comprehensive Plan, the Act, and in
partiCUlar Sec. 163.3202(1), Fla. Stat., mandates that Collier
County adopt land development regulations that are consistent
with and implement the adopted Comprehensive Plan.
3. Sec. 163.3201, Fla. Stat., provides that it i. the intent
of the Act that the adoption and enforcement by Collier County of
-. land development regulations for the total unincorporated area
.
ahall be ba.ed on, be rehted to, and be a means of
implementation tor, the adopted Comprehensive Plan as required by
the Act.
..
"
4. Sec. 163.3194(1) (b), Fla. Stat., requires that all land
development regulations enacted or amended by Collier County
shall be oonsistent with the adopted Comprehensive Plan, or
el..ent or portion thereOf, and any land development regulations
existin9 at the time of adoption which are not consistent with
the adopted COllprehensiv(1 Plan, or elenent or portion thereof,
shall be amended 80 a8 to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall
1001( 061 ,.r.t 329
-2-
.~ ,.
be con.tned to encouragll the us. ot innovative land development
regulat10na.
6. On January 10, 1989, Collier County adopted the Collier
County Growth Management Plan (Hereinafter the "Growth Manageunt
Plan" or "GMP") aa itll Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 At~. Fla. Stat., and Rule 9J-5,
F.A.C.
7. Section 163.3194(1)(11.), Fla. Stat., mandate. that after a
Comprehenaive Plan, or element or portion thereof, has been
adoptsd 1n conforalty wi'th the Act, all development undertaken
by, and all action a takltn in regard to development orders by,
governmental agencies 1n regard to land covered by such
Coaprehenaive Plan or element shall be consistent with such
Comprahensive Plan or element as adopted.
8.
Pursuant to Sec.
163.3194(3) (a),
Fla.
Stat. , a
development order Or lUnd development regulations shall be
consistent with the Co.prehenaive Plan it the land uses,
densitiee or 1ntensitieu, and other aapects of develop.ent
per1ll1tted by such order or requlation are compatible with and
further the objectives, pOliCies, land uses, and densities or
intenaities in the Compreher.sive Plan and it it m.et. all other
criteria enumerated by the local government.
9.
Section 163.31'4(3) (b), Fla. Stat., require. that a
.
develop.ent approved or undertaken by a local government ahall be
conaiatent with the COIDprehens!ve Plan it the land u...,
densities or intensitie., capacity or size, timing, and. other
aapects of development are compatible with and further the
objectivea, policie., lana usea, densities or intensities in the
Comprehensive Plan and if it .eets all other criteria enumerated
by the local government.
10. On October 30, 19~1, Collier County ad.opted the Collier
County Land Development Code, Which became effective on November
13, 1991 and was a.ended on Oatober 14, 1992, err.ative October
30, 1"2.
aDD': 001 Pl(,~ 330
. ,:
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11. Collier county f!.nd. that the Land Develop.ent Code is
intended and nece.sary to preserve and enhance the pre.ent
advantaqe. that exist in Collier County; encouraqe the most
appropriate use of land, water, and resources, consistent with
the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and
development of land within the total unincorporated area of
Collier County and it i. intended that this Land Develop.ent Code
preserve, promote, protect, and improve the public health,
safety, comfort, good orde~, appearance, convenience, and general
welfare of Collier County; prevent the overcrowding of land and
avoid undue concentration of population: facilitate the adequate
and efficient provision of transportation, water, sewerage,
achools, parks, recreational tacilities, housinq, and other
requir..ents and .ervices: con.erve, develop, utilize, and
protect natural resource. within the jurisdiction of Collier
county; and to protect humnn, environmental, 80cial, and economic
resourc..; and maintain, through orderly growth and development,
the character and stability of present and future land uses and
d.eveloplllent in Collier Cowlty.
12. It i. the intent of the Board of County Comai..ioners of
Collier county to implement the Land Development Code in
.. acoordanoe with the provisions ot the Collier County Growth
.
Manage.ent Plan, Chapter 125, Plat stat., and Chapter 163, Fla.
stat., and through these amendments to the Code.
SECTION 3: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
The Collier County Land Development Code is hereby amended .s
.hown on the sid. sheets which comprise Exhibit A, attached
hereto and incorporated by reterence herein.
SECTION 4: CONFLICT AND SEVERABILITY
If any phrase or portion of this ordinance is held invalid or
unconatitutional by any court ot competent juriSdiction, such
portion shall be d....d " separate, distinct and Indepenclent
provision and such bOldinq ahall not affect the validity of the
;~F .
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lie. 2.2.24
2.2.24.2.1
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".-8'1'" Land.. D..iall.~iGIl e~ It _a .. .
J:.t:abli8~O'! o~ "If OVerlay DhtriQ~. An overlay
zoninq diBtr ct clasdfication to b. known as the
"ST" Special Tr.ata.nt Overlay Di.trict, and to be
dedqnated on the Official Zoning Atla. by the
symbol "ST" together with the symbol of the basic
zoninq diutrict which it overlays, i. h.reby
.atabli.hed. This overlay district cla..ification
will be used for those land. of environ.ental
sen.itivity and hiBtoric.l and archaeological
significance where the ....ntial .cological or
cultural value of the land i. not adequat.ly
protected under the ba.ic loninq district
regulation.. ..tabUshed by th1a code or by
ordinanc.. 'l'h. plac...nt or removal of thia
overlay zoninq dbtrict shall be qov.rned by the
procedure tor amendinCjJ the Zoninq Code and the
ill.!cial ZoninCjJ Atlas as prescrib.d in Di v. 2.7.
/A1l land v1thin the ::aT :~~~l:: :t::::~t:. .hall ~\
de.ian.tad as environm nt n !
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UNDEVELOPED COASTAL BARRIERS
OF COLLIER COUNTY
WIGGINS PASS UNIT FL-65P
CLAM PASS UNIT FL-64P
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WlCCINS PASS UNIT F'L-6SP
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aOOK 061 f'A~[ 354
Statt Side Sheet
LDC paqe 6-4
Dl'9. '.3
DBrIHl:'l'IOlll.
1-pceDt,bie monitor means allY tlerson that is acceptable to monitor
alteration or triJl\Jllina of manl;Jrove. under Florida De~artlll.nt ~~
Nat~ral Resource. standardl~
"Alter" or "Alteration" lP.,ns to cut. remove. defoliate. or
otherwise destroy ~anqrove!~
Coastal Barriers means barrier islands.' stlits. P:~i~~~,::~ ~~
similar land-forms. inclu~ina the Cult ot Mexico. ___~_
Florida which Bepa~ate estlJaries or harbors from t~; ~f:; ~;~::~
ot the Athntic Ocean. G~lf ot M.~ico. or Str.1~_ __ _1______
Rule 9J-S.003l12}. F.A.C.
Coaatal Zone m~ln8 all l~~i and territorial wat,rs west o~ ~~~i
zone 1 line (aDprolCillul,~elv U.S. 41. tor most of the 0 ~__
includinq water and subm~,i'aed lands ot oceanic wat~; b~i~~~ ~~
estuarine water bodies: -hl)r.l!n.s adjacent to oceanic ~__ _
estuaries: coastal barriers: livina marine resou~c~:~ ~~~t;:
wetlands water-dependent ~acilities or water-relat~~ e1- 6__
on oceanic or estuarine wilters: or tlubHe access tacili~i;; to
oceanic beaches or estuarine s~~~:~~n:~~ :r: al~ ~~~d~ ::~~~~~~
t~ :~;~ occurrences where ~evei______ ___1___ie. _~____m____ ___
il')tearitv or quality of ttUl above.
Davelog.1S Coa.tal Barrier ,Ihall mean any coast,1 bat::~ier that i.
not an undevelODed coasta~ Qarrier as defined herein.
Develotlment: Has the meaning given it in Sec. 380.04.LU., Fla.
Stat. (SEE DIV. 3.15) ..____. _____'._______..
'--EnvironmentallV sensitive area means uniqpe utllandsi :~~~~nd:~
and any nat~ral area ~fiich would be adv.rs.l~ mtl
.... ,,_~~!~~OD1ftent. '"
-._-,,_._.---,~
'asti_nd means that Dortt2D of a qoastal island above the upp.,
limit ot tidal wetland veql!tation. ot', it such veaet:~t~f; i:IIl~:~
Dresent. that tlortion o(the ishOd above the lI.a~ ___h _ll___
line. This area does not:~nclud. interior wetlands.
ManarOV8 or maD9rove trlll.ll sh~ll 'Qe delinl'd as anv of th,
fol\owina species:. red /Danqrove (Rhhochora ma~~:~~ ~;:1:
manarove lAvicenn.la 9~Dtj.nans} .whi~e manarove _ CU6 __
rae.mosa} .and buttonwood CConocarpus erectusl (ret;;;~~;- cc=;
definition #260. Wetlands}. __--
.------- --....
....~~~...._.,.. -'"
/S.aqra.s or Se.arass Bed Anv intertidal or submeraed estLint \
or marine habitat that !L: or could 8Xt:1ected to be at ~"a~_2n
covered durina the gro'-(1Da season bv any qQ1II.binat~on -;;l t.h,
tollowina plants: turtl,:=:iJrass ('rhalusia t.st.udinum\~ :~li~~
Qraas (Svrinaodium filifgrael. shoal arass (HalOd~1~ ~:~il;~---
1,,~idl1_e~n .~ra..~ (RUtlP.~a marU;imal. ~nv species ~t_~:--===-J
Trimmina means se~ective prunina ot manq~ove limbs sma~~:~ ~~::
one inqh in diameter or tJlree inohes in circulI\~t;n;~ _
not. 'Dr.vent the tree ftom arowina. floli(erina. or d;~~l~i~;
Drotla9ulas. however. :iSlets. irutludinq tlrOD ~~~:~ :~:
tlneulI\atoDhores may not ~ distur~ed and chemi9al def____-!s ___
not allowed.
"."'~~.,-~--_.- ~---~.....-.~-- .--.
Ond.v.loDed Coaatal Barri.~
"-----.----- -_._--~.---
----.-..-.-..---
aha 11 me.an:
1.
-...................,
""
Coastal barriers whic:h contain less than one 1II.anDla4,g \
structure cer 5 acres of !astlan~1 and human acti~itie; h;;, \ .
'l, 8" / I
aODK 061 PAC.! 361 Cf;vtr.r'/IAM
lanquage is underlined; deleted language is stricken. ///___
New
Url ~-tU (.1I:4:Je ct CC'9-s1il,\ 1 & (' f? ier-
(C5)'l'\-l h,~J.( {:/G-},;:...... LiX ~
n9t .io.iti..ntl' .'f.ct.. ~.tUt.' 9....r.ni. ~~::~ ~-5
~~~:!~~;: 'tmhi~~:~~!~q~:a. q}P t:~~r~
staff Side Sheet
LDC paq8 6-4
~~""''- . ""'---.-----...
2. Fer the pU~pOB" of Div. 3.12. un~~~el:::: ~~~~~~; ba~:i:~: """
inclusle those arellS ~eDict.d on ___ ____ ______d 1;>_ _ \
UQitOd States Fish and ~ildlite Services lUSFWSl D~rsuant ~Q \
tb~ COllstal Barrier Improvement Act. PLIOl-591. Wh~b
sUDersedes It 11 Drev laUI} maps 9repared by the USFWS. and Bh~O
in this Division.
..
aOOK 1J61 PA(,~ 3'62
New languAge is underlined; deleted lanquag8 1e stricken.
1Uyl"fd "IV' ~ LOOt{-
RefDrtr
OJ [YWCi '^ C VZ{ v't'V1 s
COASTAL ZONE MANAGEMENT PLAN
POR
COLLIER COUNTY, FLORIDA
Prepare" by:
Collier County Natural aesource. Department
October 1, 1991
The acceptance of the "Coastal Zone Management Plan-1991" by the
Collier County Board of County Commissioners (BCC) does Dot bind
them to the suggested language in the Recommendations Section of
said plan. Rather, acceptance of the plan by the Bce directs
staff to prepare regulations and initiate programs for the
management of the coastal zone consistent with the intent of the
"Coastal Zone Management Plan-1991tl and any further direction by
the BCC.
PREFACE
The following document, "The Coastal Zone Management Plan for
Collier County, Florida" has been produced through agreement by
the Board of County Commissioners as a program Objective in the
approved Conservation and Coastal Management Element of the
County Growth Management Plan. As such, this plan is made using
the Conservation and Coastal Management Element (CCME) as a
model. Text and appendices have been arranged in a manner
similar to that found in the CCME; illustrations and tables
follow texts of major topics, and appendices follow the entire
text. Recommendations are treated in a separate section. A list
of commonly used acronyms is included in 1.1.2 of Section II;
common and species names of organisms used in habitat description
are listed in Appendix B. Definitions of commonly used terms are
listed in 1.1.2 of Section II; many of the definitions listed are
taken from the CCME and from Florida Administrative Code 9J-5
requirements. Much of the material contained herein has been
taken from public documents. In many cases, material from
documents has been cited verbatim; author citations have been
listed, but texts of public documents have not necessarily been
indicated as direct quotes.
i
.....:-....._-
PROPOSED CONTENTS FOR THE COASTAL ZONE MANAGEMENT PLAN
TABLE OF CONTENTS
PREFACE ...."...................".".".."".....................".
LI ST OF TABLES ........."..........................."....
LIST OF FIGURES ........................................
LIST OF APPENDICES .....................................
SECTION I - SYNTHESIS OF RECOMMENDATIONS CONCERNING THE
MANAGEMENT OF THE COASTAL ZONE .............
SECTION II - DATA INVENTORY AND ANALYSIS ...............
1.0
INTRODUCTION
.." ................ ....."..."...."..."..
1.1 Purpose and Authority..........................
1.1.1 Coastal Zone Management History.... ...
1.1.2 Glossary and Definitions ........... ...
1.2 Federal Regulatory Framework .................
1.3 State Requirements ...........................
1.4 County Requirements ..........................
1.5 Coordination with Municipalities .............
1.5.1 city of Naples ................... .....
1.5.2 Everglades City .......................
2.0 REVIEW OF EXISTING STUDIES ........................
2.1 Review of Coastal Zone Management Reports ....
2.2 Review of City of Naples/Marco Island Reports.
3.0
REGULATIONS FOR COASTAL DEVELOPMENT
...............
3.1 Federal Coastal Barrier Resources Act of 1982.
3.2 State Coastal Construction Control Line ......
J.3 state Coastal Zone Protection Act of 1985 ....
3.4 Vehicular Traffic on Coastal Beaches .........
ii
i
xii
xiv
xvii
I -I-
II -I-
II -I-
II -5-
II -6-
II -7-
II -18-
II -19-
II -20-
II -21-
II -21-
II -22-
II -24-
II -25-
II -37-
II -44-
II -44-
II -48-
II -49-
II -52-
Collier County Coastal Setback Line ..........
Collier County Coastal Zone Protection
Ordinance ....................................
Vehicle on the Beach Ordinance ... ..... .......
Collier County Growth Management Plan ........
Recommenda t ions ..............................
3.5
3.6
3.7
3.8
3.9
II -52-
II -58-
II -59-
II -60-
II -68-
4.0 COASTAL ZONE MANAGEMENT DATA BASE ................. II -73-
4.1 Coastal Barrier Unit 1. Barefoot Beach ....... II -73-
4.1.1 Beach Segment #1. Lely Beach .......... II -74-
4.1.2 Beach Segment #2. Little Hickory
Haulover .............................. II -74-
4.1.3 Beach Segment #3. Lely Barefoot Beach. II -75-
4.1.4 Beach Segment #4. Barefoot Beach State
Preserve .............................. II -75-
4.2 Coastal Barrier Unit 2. Vanderbilt Beach ..... II -76-
4.2.1 Beach Segment #5. Wiggins Beach ....... II -76-
4.2.2 Beach Segment #6. Delnor Wiggins state
4.2.3
4.2.4
4.2.5
4.3
Park ............................................................
Beach Segment #7. Vanderbilt Beach ....
Beach Segment #8a. Pelican Bay North ..
Beach Segment #8b. Clam Pass North ....
Coastal Barrier Unit 3. Park Shore
...........
4.3.1
4.3.2
4.3.3
4.3.4
Beach Segment #9. Clam Pass Beach .....
Beach Segment #10. North Park Shore ...
Beach Segment #11. South Park Shore ...
Beach Segment #12. The Moorings. ... ...
II -77-
II -77-
II -78-
II -78-
II -79-
II -79-
II -80-
II -80-
II -81-
4.4 Coastal Barrier Unit 4. Naples Headland ...... II -81-
4.4.1
4.4.2
4.4.3
4.4.4
4.4.5
Beach Segment #13. Naples North .......
Beach Segment #14. Central Naples. ....
Beach Segment #15. Old Naples..... ....
Beach Segment #16. North Port Royal
Beach Segment #17. South Port Royal...
II -82-
II -82-
II -83-
II -83-
II -83-
4.5 Coastal Barrier Unit 5. Keewaydin Island ..... II -84-
4.5.1 Beach Segment #18. North Keewaydin
Island ................................ II -85-
- --'_.""~,....~.~.._--..-
iii
'.;N'''.^'''''''..,.,_''~''~~_""'''..__'~-...;._,,_~,''''''__
4.5.2 Beach Segment #19. Johns Haulover ..... II -86-
4.5.3 Beach Segment #20. Central Keewaydin
Is 1 a nd ................................ I I - 86-
4.5.4 Beach Segment #21. South Keewaydin
Island ................................ II -87-
4.5.5 Beach Segment #22. Hurricane Spit ..... II -88-
4.6 Coastal Barrier unit 6. Coconut Island ....... II -88-
4.6.1 Beach Segments #23. Sea Oat, Cannon,
and Coconut Islands ................... II -89-
4.7 Coastal Barrier Unit 7. Marco Island ......... II -90-
4.7.1
4.7.2
4.7.3
4.7.4
4.7.5
4.7.6
Beach Segment #24. Hideaway Beach North
Beach Segment #25. Hideaway Beach West.
Beach Segment #26. North Marco Spit ...
Beach Segment #27. Central Marco ......
Beach Segment #28. South Marco Island.
Beach Segment #29. Point Marco ........
II -91-
II -91-
II -92-
II -92-
II -93-
II -93-
4.8 Coastal Barrier Unit 8. Kice Island .......... II -93-
4.8.1
4.9
Coastal Barrier Unit 9. Morgan Island
Beach Segment #30. Kice Island
4.9.1
4.9.2
4.9.3
Beach Segment #31. North Morgan Island.
Beach Segment #32. South Morgan Island.
Beach Segment #33. Morgan Spit ........
II -94-
II -94-
II -95-
II -95-
II -96-
4.10 Coastal Barrier Unit 10. Cape Romano Island. II -96-
4.10.1 Beach Segment #34. Cape Romano ...... II -97-
4.10.2 Beach Segment #35. Cape Romano Spit.. II -98-
5.0 GUIDELINES FOR DEVELOPMENT IN COASTAL ZONE HABITATS II -108-
5.1 Coastal Habitats and Developments ............ II -108-
5.2 Open Beach ................................... II -111-
5.2.1
5.2.2
5.2.3
5.2.4
Extant Habitat .. ........... .... ....... II -112-
Preservation Requirements ..... .... .... II -112-
Guidelines for Mitigation ............. II -114-
Development Standards .... ... ... ....... II -115-
5.3
Dune and Strand
iv
..... .... .............".. ......
II -117-
5.3.1
5.3.2
5.3.3
5.3.4
Extant Habitat ........................
Preservation Requirements .............
Guidelines for Mitigation .......... ...
Development Standards .............. ...
5.4 Coastal Hammocks .............................
5.4.1
5.4.2
5.4.3
5.4.4
Extant Habitat ........................
Preservation Requirements .............
Guidelines for Mitigation .............
Development Standards .................
5.5 xeric Scrub .,.... a . . . . . . . . . . . . It . . . . . .. . . . " . . . . .
5.5.1
5.5.2
5.5.3
5.5.4
Extant Habi ta t ........................
Preservation Requirements .......... ...
Guidelines for Mitigation. ............
Development Standards ... ..............
5.6 Mangrove and Back Bay Systems ................
5.6.1
5.6.2
5.6.3
5.6.4
Extant Habitat .. ..... ..... ... .........
Preservation Requirements. ............
Guidelines for Mitigation ......... ....
Development Standards....... ..........
5.7 Seagrass Meadows .............................
5.7. 1
5.7.2
5.7.3
5.7.4
Extant Habitat ........................
Preservation Requirements. ............
Guidelines for Mitigation. ............
Development standards .................
6.0 WILDLIFE PROTECTION ...............................
6.1 Sea Turtle Protection. ...... ... .... ..........
6.1.1
6.1. 2
6.1.3
6.1. 4
Introduction ..........................
Protection of Sea Turtles on Land .....
Protection of Sea Turtles in the Marine
Environment ...........................
Management Techniques and
Recommendations .......................
6.2 Coastal Bird and Nest Protection .... .........
v
II -119-
II -120-
II -121-
II -123-
II -125-
II -126-
II -126-
II -127-
II -128-
II -130-
II -131-
II -131-
II -132-
II -133-
II -135-
II -136-
II -137-
II -137-
II -139-
II -141-
II -142-
II -143-
II -143-
II -145-
II -171-
II -171-
II -171-
II -172-
II -184-
II -186-
II -189-
6.2.1
6.2.2
6.2.3
6.2.4
Introduction ..........................
Coastal Birds of Collier County. ......
Existing Protection ........ ...........
Recommenda t ions .......................
II -189-
II -190-
II -197-
II -200-
II -220-
6.3 Manatee Protection ..........................
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
Introduction .......................... II -220-
Manatee Protection Programs ... ........ II -220-
Habitat and population Considerations . II -224-
Recommendations ................ ....... II -229-
Implementation Strategy........ ....... II -232-
Collier County Proposed SeagrassjManatee
Protection project .......... ... ....... II -232-
7.0 INLET MANAGEMENT. ......... .... .......... ..... II -235-
7.1 General Introduction .................... II -235-
7.1.1
7.1.2
7.1.3
Description .............. ....... II -235-
Pass Responsibility............. II -237-
Considerations for Inlet
Management ... ..... .... .......... II -238-
safety and Navigation .... ....... II -238-
7.1.4
7.2 Aerial Photographs and Maps...... ........ II -240-
7.3 Inlets and Physical Processes...... ..... II -241-
7.3.1
7.3.2
7.3.3
7.3.4
7.3.5
wind and Waves .................. II -241-
Tides and Currents .............. II -242-
Tropical storms and Hurricanes .. II -243-
Sediment Budget ................. II -244-
Inlet Stability ................. II -246-
7.4 Independent Funding Sources for Inlet and
Beach Maintenance .. ..................... II -248-
7.5 Wiggins Pass. ... .......... ... ....... .... II -254-
7.5.1 Significance to Natural Systems. II -254-
7.5.1.1
7.5.1.2
7.5.1.3
Introduction .......... II -254-
Biophysical Features .. II -254-
Drainage Basin
Characteristics ....... II -255-
vi
7.5.2 Past and Current Maintenance .... II -258-
7.5.3 Significance to Recreation and
Development........ ........ ..... II -260-
7.5.3.1
7.5.3.2
7.5.3.3
7.5.3.4
Beaches and Other
Recreational Facilities II -260-
Public Boat Ramps ..... II -263-
Marinas ............... II -264-
Development and Land
Use ................... II -264-
7.5.4 Recommendations ................. II -265-
7.5.4.1 Maintenance
Recommendations ....... II -265-
7.5.4.2 Recommended Restoration
Activities ... .... ..... II -267-
7.6
Clam Pass
II -279-
7.6.1 Significance to Natural Systems. II -279-
7.6.1.1
7.6.1.2
7.6.1.3
Introduction .......... II -279-
Biophysical Features .. II -279-
Drainage Basin
Characteristics ....... II -280-
7.6.2 Past and Current Maintenance .... II -287-
7.6.3 Significance to Recreation and
Development................. .... II -288-
7.6.3.1
7.6.3.2
7.6.3.3
7.6.3.4
Beaches and Other
Recreational Facilities II -288-
Public Boat Ramps ..... II -290-
Marinas .... ..... ... ... II -290-
Development and Land
Use ................... II -290-
7.6.4 Recommendations ................. II -291-
7.6.4.1 Maintenance
Recommendations ....... II -291-
7.7 Doctors Pass ...... ........ .......... ..... II -297-
7.7.1 Significance to Natural Systems. II -297-
vii
7.7.1.1
7.7.1.2
7.7.1.3
Introduction .......... II -297-
Biophysical Features .. II -297-
Drainage Basin
Characteristics ....... II -298-
7.7.2 Past and Current Maintenance .... II -300-
7.7.3 Significance to Recreation and
Development ..................... II -301-
7.7.3.1
7.7.3.2
7.7.3.3
7.7.3.4
Beaches and Other
Recreational Facilities II -301-
Public Boat Ramps ..... II -302-
Marinas .......... ..... II -302-
Development and Land
7.7.4 Recommendations................. II -304-
Use ................... II -303-
7.7.4.1 Maintenance
Recommendations ....... II -304-
7.7.4.2 Recommended Restoration
Activities ............ II -304-
7.8 Gordon Pass ............................. II -309-
7.8.1 Significance to Natural Systems. II -309-
7.8.1.1
7.8.1.2
7.8.1.3
Introduction .......... II -309-
Biophysical Features .. II -309-
Drainage Basin
Characteristics ....... II -311-
7.8.2 Past and Current Maintenance .... II -320-
7.8.3 Significance to Recreation and
Development ..................... II -322-
7.8.3.1
7.8.3.2
7.8.3.3
7.8.3.4
Beaches and Other
Recreational Facilities II -322-
Public Boat Ramps ..... II -323-
Marinas .... ...... ..... II -325-
Development and Land
Use ................... II -326-
7.8.4 Recommendations ................. II -331-
7.8.4.1 Maintenance
Recommendations ....... II -331-
viii
7.8.4.2 Recommended Restoration
Activities ............ II -332-
7.9 Hurricane and Little Marco Passes ....... II -345-
7.9.1 Significance to Natural Systems. II -345-
7.9.1.1
7.9.1.2
7.9.1.3
Introduction .......... II -345-
Biophysical Features .. II -345-
Drainage Basin
Characteristics ....... II -346-
7.9.2 Past and Current Maintenance .... II -354-
7.9.3 significance to Recreation and
Development .... ................. II -355-
7.9.3.1
7.9.3.2
7.9.3.3
7.9.3.4
Beaches and other
Recreational Facilities II -355-
Public Boat Ramps ..... II -357-
Marinas....... ........ II -357-
Development and Land
Use ................... II -357-
7.9.4 Recommendations .......... ....... II -363-
7.9.4.1 Maintenance
Recommendations ....... II -363-
7.9.4.2 Recommended Restoration
Act i v i tie s ............ I I - 364-
7.10 Big Marco/Capri Pass Complex .. ......... II -375-
7.10.1 Significance to Natural Systems. II -375-
7.10.1.1
7.10.1.2
7.10.1.3
Introduction.. ... .... II -375-
Biophysical Features . II -375-
Drainage Basin
Characteristics... ... II -386-
7.10.2 Past and Current Maintenance... II -393-
7.10.3 Significance to Recreation and
Development.... ...... ..... ..... II -394-
7.10.3.1 Beaches and Other
Recreational Facilities II -394-
ix
7.11
7.12
7.10.4
7.10.3.2 Public Boat Ramps . .. .. . . II -395-
7.10.3.3 Marinas ............... II -396-
7.10.3.4 Development and Land
Use ................... II -397-
Recommendations ................ II -403-
7.10.4.1 Maintenance
Recommendations ....... II -403-
7.10.4.2 Recommended Restoration
Activities ............ II -404-
Caxambas Pass
. ..... ........... ..... .......
II -418-
7.11.1 Significance to Natural Systems. II -418-
7.11.1.1
7.11.1.2
7.11.1.3
Introduction .... ..... II -418-
Biophysical Features . II -418-
Drainage Basin
Characteristics ...... II -422-
7.11.2 Past and Current Maintenance ... II -425-
7.11.3 Significance to Recreation and
Development .................... II -425-
7.11.3.1 Beaches and Other
Recreational Facilities II -425-
7.11.3.2 Public Boat Ramps ..... II -426-
7.11.3.3 Marinas ............... II -427-
7.11.3.4 Development and Land
Use ................... II -427-
7.11.4 Recommendations ................ II -432-
7.11.4.1 Maintenance
Recommendations ....... II -432-
7.11.4.2 Recommended Restoration
Activities ...... ...... II -433-
Ten Thousand Islands
II -436-
7.12.1 Significance to Natural Systems. II -436-
7.12.1.1 Introduction ......... II -436-
7.12.1.2 Biophysical Features. II -438-
x
7.12.1.3
Drainage Basin
Characteristics
II -441-
7.12.2 Past and Current Maintenance ... II -449-
7.12.3 significance to Recreation and
Development.. ......... ......... II -450-
7.12.3.1 Beaches and other
Recreational Facilities II -450-
7.12.3.2 Public Boat Ramps ..... II -452-
7.12.3.3 Marinas ............... II -452-
7.12.3.4 Development and Land
Use ................... II -453-
7.12.4 Recommendations................ II -462-
7.12.4.1 Maintenance
Recommendations. ...... II -462-
7.12.4.2 Recommended Restoration
Activities ............ II -462-
B.O
BEACH NOURISHMENT
II -478-
8.1
Introduction
II -478-
8.2 Criteria ................................ II -481-
8.3 Environmental Considerations .... ........ II -483-
SECTION III - REFERENCES....................... .... .... III -1-
SECTION IV - APPENDICES ......... ....................... IV -1-
xi
LIST OF TABLES
Table
Paqe
1-1 CZM Technical Reports, 1983-1989 ................. II -23-
5-1 Some County Ordinances Specific to Coastal
Habitats ........................................ II -146-
5-2 Coastal Barrier Habitats in Collier County....... II -147-
5-3 Beach and Strand Habitat: Partial List of
Vascular Plant Species........................... II -148-
5-4 Tropical Hammock Habitat: Partial List of
Vascular Plant Species........................... II -150-
5-5 Habitat Areas in Collier County, Identified by
Plant community.................................. II -152-
5-6 Xeric Scrub Habitat: Partial List of Vascular
Plant species ................................... II -153-
5-7 Mangrove Habitat: Partial List of Vascular
Plant Species ................................... II -156-
6.2-1 Designated Avifaunal Species in the Coastal Zone. II -201-
6.2-2 Coastal Avifauna of Collier County............... II -203-
6.2-3 Alphabetical List of the Coastal Avifauna of
Collier County................................... II -218-
7.4-1 Independent Funding Sources for Inlet and Beach
Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II -253-
7.5-1 Species List: Vertebrates Identified in Wiggins
Pass State Recreation Area and Barefoot Beach
State Preserve... .... ..... ..... ...... ........ .... II -268-
7.8-1 Molluscan Species List from Gordon Pass... ....... II -335-
7.8-2 Species List for Lower Naples Bay................ II -336-
7.8-3 Vertebrate Species List for Collier DRI Property. II -337-
7.9-1 Rookery Bay Aquatic Preserve Representative
Species List........................ ........ ..... II -365-
xii
7.9-2 Designated Species Known to Occur in or Near the
Rookery Bay and Cape Romano-Ten Thousand Islands
Aquatic Preserves.. ..... ............ ............. II -368-
7.10-1 Big Marco Pass Critical Wildlife Area............ II -405-
7.10-2 Tigertail Beach Vegetation List... ............ ... II -406-
7.10-) Protected Species Found in Big Marco Drainage
Basin ........................................... II -407-
7.12-1 species List: Vertebrates Identified in
Collier-Seminole State Park...................... II -464-
7.12-2 Federally Designated Wildlife species in the
Fakahatchee Strand...,..., ,..,. ......... ...... ,.. II -468-
7.12-3 Federally Designated wildlife species in
Everglades National Park......................... II -469-
7.12-4 Partial List of Vascular Plant Species from
Mangrove and Hammock Habitats, Goodland Marina,
1988 ............................................ II -470-
xiii
Fiaure
3-1
3-2A
3-2B
LIST OP FIGURES
~
CBRS Unit P15 - Cape Romano. . . . . . . . . . . . . . . . . . . . . II -70-
CBRS unit P16 - Keewaydin Is 1 a nd. . . . . . . . . . . . . . . . II -71-
CBRS unit P16 - Keewaydin Island, continued..... II -72-
4-1 Collier County Coastal Barrier Units, Beach
Segments, and Tidal Passes...................... II -99-
4-2
4-3
4-4
4-5
4-6
4-7
4-8
4-9
5-1
5-2
5-3
5.7-1
7.5-1
7.5-2
Coastal Barrier unit 1. Barefoot Beach. . . . . . . . . . II -100-
Coastal Barrier Unit 2. Vanderbilt Beach........ II -101-
Coastal Barrier unit 3. Park Shore. . . . . . . . . . . . . . II -102-
Coastal Barrier unit 4. Naples Headland. . . . . . . . . II -103-
Coastal Barrier Unit 5. Keewaydin Island. . . . . . . . II -104-
Coastal Barrier unit 6. Coconut Island Group. . . . II -105-
Coastal Barrier unit 7. Marco I s land. . . . . . . . . . . . II -106-
Coastal Barrier Units 8, 9, and 10. Cape Romano
Complex - Rice Island, Morgan Island, and Cape
Romano Island................................... II -107-
Collier County Coastal Zonation........... ...... II -158-
Seasonal wind Roses (percent frequency of
different wind directions) for Coastal Collier
County ......................................... I I -159-
Hypothetical Coastal Habitat Association with
the Coastal Construction Control Line .......... II -160-
Submerged Seagrass Beds in Collier County.... ... II -161-
Wiggins Pass Location Map....................... II -272-
Wiggins Pass: 1927 to 1981, Accretion and
Erosion Patterns................................ II -273-
xiv
7.5-3
7.5-4
7.5-5
7.5-6
7.5-7
7.6-1
7.6-2
7.6-)
7.6-4
7.7-1
7.7-2
7.7-3
7.8-1
7.8-2
7.8-3
7.8-4
7.9-1
7.9-2
7.9-3
Benthic Habitats of Waterbodies Emptying into
Wiggins Pass.................................... II -274-
wiggins Pass Recreation and Development......... II -275-
Proposed Barefoot Beach Park Conceptual site
Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II -276-
Delnor Wiggins Pass state Recreation Area....... II -277-
Location Map of Boat Ramps and Marinas Servicing
the Wiggins Pass Area................... ........ II -278-
Clam Pass Location Map................. . . . . . . . .. II -293-
Clam Pass: 1952 to 1981, Accretion dnd Erosion
Patterns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II -294-
vanderbilt Beach Access......................... II -295-
Pelican Bay Conservation Area................... II -296-
Doctors Pass Location Map................... . . .. II -306-
Doctors Pass: 1927 to 1981, Accretion and
Erosion Patterns...... ... ....................... II -307-
Configuration of Doctors Bay: Pre- and Post-
development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II -308-
Gordon Pass Location Map........................ II -341-
Gordon Pass: 1927 to 1981, Accretion and Erosion
pa t terns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I I - 3 42-
Location Map of Boat Ramps and Marinas Servicing
the Gordon Pass Area... ................ ...... ... II -343-
Location Map of East Naples Marinas Servicing
the Gordon Pass Area.... ..................... ... II -344-
Hurricane and Little Marco Passes Location Map.. II -371-
Hurricane Pass and Vicinity: 1927 to 1981,
Accretion and Erosion Patterns... ......... ...... II -372-
Land Use and Vegetation of Hurricane Pass
Drainage Basin..... ........... ............... ... II -373-
xv
7.9-4 Collier County Manatee Protection Zones in the
Naples and Marco Island Areas...................
7.10-1 Big Marco/Capri Pass Location Map...............
7.10-2 Big Marco Pass: 1927 to 1981, Accretion and
Erosion Patterns................................
7.10-3 Big Marco Pass Critical Wildlife Area...........
7.10-4 Wetland Floral Assemblages in the Vicinity of
Un i t 3 o. .. . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . .. . .. .. .. .. .. . . .
7.10-5 Marco' Permit Map....................... . . . . . . . . .
7.10-6 Marco Shores General Location Map...... .........
7.10-7 Hideaway Beach..................................
7.10-8 Hideaway Beach Vegetation Plan..................
7.10-9 Location Map of the 951 Boat Ramp Servicing the
Big Marco Pass Area.............................
7.10-10 Location Map of Marinas Servicing the Marco
Island, Isles of Capri, and Caxambas Pass Areas.
II -374-
II -408-
II -409-
II -410-
II -411-
II -412-
II -413-
II -414-
II -415-
II -416-
II -417-
7.11-1 Caxambas Pass Location Map...................... II -434-
7.11-2 Caxambas Pass: 1927 to 1981, Accretion and
Erosion Patterns................... ............. II -435-
7.12-1A Major Passes of the Ten Thousand Islands Region. II -473-
7.12-1B Major Passes of the Ten Thousand Islands Region,
Continued....................................... II -474-
7.12-1C Major Passes of the Ten Thousand Islands Region,
continued. . . . . . . . . . . .. . . .. .. .. . . . . . . . . . . . . .. . . .. II -475-
7.12-2 Blind Pass to Cape Romano: 1927 to 1981,
Accretion and Erosion Patterns.................. II -476-
7.12-3 Location Map for Port of the Islands Boat Ramp
and Marinas, and Marinas Servicing the Everglades
C it y Area .. ,. . . . . . . .. .. . .. . .. .. . . .. .. . . .. . . . . . . .. . .. .. . . . . ... I I - 4 7 7 -
xvi
LIST OP APPENDICES
Appendix
Paqe
1
Beach and Dune Legislation..........................
IV -1-
2
Required Elements of a Beach Cleaning Sea Turtle
Protection Plan.........................................................
IV -7-
3 Mechanical Beach Cleaning and Sea Turtle Habitat
Management. .. .. .. .. .. .. . .. . .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. . . .. . . .. .. . .. .. .. .. .. .. .. .
IV -8-
4 Sea Turtle Protection Plan (STPP) Guidelines ....... IV -10-
5 FDNR Least Tern Nesting Data for Delnor Wiggins Pass
state Recreation Area, 1987-88.... ......... ......... IV -17-
6 Species List of Vertebrates Represented in the Clam
Pass system......................................... IV -18-
7 FDER Diagnostic/Feasibility Study for Moorings Bay,
Collier County, Florida, 1981....................... IV -23-
8 Collier DRI/Sable Bay Project History and Status
with other Agencies................................. IV -35-
9 Physical, Hydrologic, and Vegetative Resource
Inventory of Water Management District NO.6,
Collier County...................................... IV -37-
10 Limitations of Federal Expenditures on Undeveloped
Coastal Barriers.................................... IV -39-
11 Editorial Letters Concerning the Tigertail Beach
Vegetation/Beach Raking Controversy.... ............. IV -42-
12 Fauna of the Marco Mainland Tract...... ........ ..... IV -47-
13 Floral and Faunal Species of Hideaway Beach...... ... IV -50-
14 Organisms Used in Habitat Descriptions; Listing by
Common Name and Listing by Species Name ............ IV -56-
15 Goals, Objectives, and Policies in the CCME related
to Collier County's Coastal Zone Management Plan.... IV -64-
16 Aerial Photographs and Maps
xvii
RESOLUTION 92-112--
1Vmed j(l OJ LOllr-f
.nrn 3, 1912 h1X'P
~ ~yZl~
~ RESO~UTJON DECLARING THE _~CS:.!=PT~CE .~
OF THE TECHNICAL SU.PPUKT 15OCUM~ -
"COLLIER COUNTY COASTAL ZONE MANAGEMENT
'= f>u~9in, ..wrrIf DIRECTION-F~STAFF TO
DEVELOP APPROPRIATE PROGRAMS, POLICIES,
ORDINANCES AND REGULATIONS IN ORDER TO
IMPLEMENT SAID PLAN.
,,--------.,-"--
WHEREAS, Part II ot Chapter 163, Florida Statutes,
.stablishes the local Comprehensive Planning and Land Development
Regulations Act providing Collier County with the authority and
responsibility to comprehensively plan for future development and
resource protection through land development regulations; and
WHEREAS, pursuant to Section 163.3202, Florida Statute.,
Collier County is required to adopt land development regulations
which implement and are consistent with the conservation and
coastal management element ot its adopted comprehensive plan,
which was adopted by the Collier County Board of County
Commis.ioners on January 10, 1989, as the Collier County Growth
Manage.ent Plan; and
WHEREAS, pursuant to Rules 9J-5.012 and 9J-S.013, Florida
Administrative Code, Collier County is required to provide for
coastal managoment and conservation of natural resources; and
WHEREAS, Goal 11 of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan and its
associated objectives and policies mandates that the County shall
protect, conserve, manage, and appropriately use its coastal
barriers including shorelines, beaches, and dunes and will plan
tor, And where appropriate, will restrict activities where such
activities will damage or destroy coastal resources; and
WHEREAS, pursuant to Objective 11.6 of the Conservation and
Coastal Element of the Collier County Growth Management Plan, by
August 1, 1990, the county shall adopt a Coastal Barrier and
Beach System Management Program; and
tOOK 000 PACE 10
-1-
J'tJJI'& 3, ,1 i02
."
"
r-:'.
't.,~,..,~ ,';, ~--
{,;vPIL1CW' BAY CONSDVATION AREAs
1.251 J;n~allation 9Lstructure8~r_ other... ~,~cilitie.~ t.h! C!am, '-l
~ay_.y_.]'eJ~L~l1all~__~ pel1ll~t~~ w.i.t~,~~PE~~a! of '
c-t:J1.---yedenlL Scate, amr-CO\in~,J'..~~latorY_aCjlencrea , nndthe I
COllr.r-countY~Doarcr '(it county COJI\IQi8sioner81.,.!DY /
\, , . facilities ~,~ be in comp.!!~nce with~..e.!~ca~~e9t~'--
~ _' orth~ Pelican Bay POD. ---- ~~ 'm__
.. ~_.-- ~ - ~'--=--2::"~~~~"':____~"""__'_ _ _ _______
"/1.2's O~ng bb ....2..e~it or oth~ise shall not occur in Oy.tQj:,
( -Inryer,--or,_pper- ca.A!I!~Ban, ~he!];" ~QDllec~g,~te~~1
a.nCll-2:.racITacent'" wet.l!nds, or cra~.,s (.exce~ ~Q.~~.ntain
I M..c-. .o.'peni!1~... ~~ ...~ter8 orthe. G.\,). n.' o!~~o) ,as sD,c1llilr
\ ~..~~.(~.~-.;.....~~.~.l~.n~...'.~.~. :.~E:rl.:.~-.:~!~Jt~:~~Q~lo
~ pri~VisrO~~l~~~p'attQ!b.u~~~ are _described under...-th.e
~ - ~~ o;~:~-}:~~u~ b 1~~~.~9QI~~~:,n"WOf f1 cialRecords BOO~_
-c-:-- - .-_. ~, .. ,~-~~-...::-::~ - - _ --.
SPBCIES PROTBCTION:
---)
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~~I
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~~{:~{":',,, ",
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l~'~.:.; ,.tt,~ '
. I:.:'~ ~':-(:-'- ~.-, .:: .~
....,. ,
~;.}j'.>:',.: .j
1.271 Persons enCjlaged in gathering shellfish or other
marine/e.tuarine animals shall be subject to regulation by
F.S. 370.06 and F.S. 370.10 (reterence CCME Objective 7.3).
1.281
The County shall adhere to F.S. 370.041 for the protection
ot sea oats (Unio~a Daniculata) and sea grapes (Coccoloba
yvifera) occurring on coastal beaches (reference CCME
Objectives 11.3 and 11.4).
1.2'1 Development in mangrove habitats shall conform with
F.A.C. 17-321 requirements, and if in the ACSC ST area,
shall also conform with LDC Section 2.2.24.3.2, 1) d).
1.30s Development in Bald Eagle nesting habitats shall conform
with LOC 3.11.3.
RBCOKKDDATION 2
Nothing contained in these recommendations shall bind the Board
of County Commissioners in any way except that where these
recommendation. re.ult in a program, pOlicy, ordinance or
'requlation, the recommendation ahall serve as a gulde for ataff
1n developing the re.ultant policy, pr~Cjlram, ordinance or
requlation. Any action taken pursuant to these recommendations
shall be approved by the Board of County Commissioners by
Ordinance or by ReSOlution, as appropriate.
~..,..
aOOK 000 mt 19
I -5-
"j
. .~;~~
,~
';~
._r ~
. ,,~;..
,i';;~
'::t:1
.roo 3, 185)2
FINAL
impacts to adjacent uplands within property boundaries,
uplands utilized tor dock access, wetlands, benthos,
seagrasses, manatees, and water quality (reference CCME
Policy 1. 3 .2) .
4.17: with regard to allowable densities for single family and
multi-family and other multi-slip non-commercial boat
docking facilities, the County shall implement the current
guidelines and regulations of the state of Florida DNR and
Governor and Cabinet (reference FDNR, Nov. 8, 1989).
4.19: Idle speed zones shall be implemented at all existing and
new marina basins, commercial boat ramps, and other
mUlti-slip docking facilities ot more than 25 slips, and
access channels to them should be designated slow speed
zones. These developments shall supply and maintain
regulatory signage within the facility and in their access
channels, and supply and maintain educational displays and
literature on manatee protection and natural resources
conservation (modified from FDNR, Nov. 8, 1989).
4.20: The County shall further regulate boating activities to
conform to State requirements for boating safety and
manatee protection, as well as to reduce damage to
shorelines and to minimize noise disturbances (reference
CCME Goal 6).
4.21 Where heavy boat traffic and manatee concentrations
overlap, slow or idle speed zones without channel
exemption shall be installed (reference CCME 7.2.2).
DREDGE' FILL ACTIVITIES:
4.22: The County shall allow maintenance dredging of existing
residential canals to allow for a controlling depth of 5
feet (reference ACOE "Wiggins Pass Improvement Projects
for Small Boat Navigation", 1980).
4.23: Man-made or m tered channels or other water bodies
that exg:e,e.{L~rsu~round ng-udepths, and that snow-
eVidence of .aJ'Inxi~ mical stratif1catlollZ or other-
-- signs of unhealthy ~ntfiIC- condItIons shall be considered
'- far restoration. it es fOr restoratIon snould be~
~rc)mFDER'S "Diagnost c eaSl -foor
Moorings Bayn-;- T91f1) :__ ___
c--__._..~_~_____.__ .__.___.._____....__.....__ ._ .__ _--::::;~.
A. Filling th~excess1vely deep areas with compatible
substrata material, to surrounding bottom depths, or to
a depth that is shown to be conducive to thorough
~OOK 000 PAGE 30
I -16-
..7t1JfK 3, 1112
PINAL
flushing by naturally occurring water currents, in
order to maintain healthy benthic community conditions,
or;
B. Removing adjacent substrata to allow adequate flushing
in order to maintain healthy benthic community
conditions.
4.24& Where compatible, and where standards in F.A.C. 17-302
can be met, spoil material from back bay dredging projects
shall be considered for use in the development of natural
habitat islands in areas adjacent to, or in the same bay
system as, dredging projects.
PELICAN BAY CONSERVATION AREA:
4.25& Functional seagrass beds shall be marked and placed off
limits to motor driven vessels. The Clam Bay system shall
be posted as a no wake ~one (reference CCME Goal 6).
4.26: Clam Bay habitat systems shall not be further degraded.
Attention shall be focused upon ways and means of
preserving and improving the natural habitat of the Clam
Bay ecosystem.
UNDEVELOPED COASTAL BARRIERS:
4.27: In the case of areas on coastal barriers that have been
designated as ttundevelopedtt under the Coastal Barrier
Resources Act of 1982, as amended, by the u.s. Department
of the Interior, the County shall not approve any plan of
development, which oither individually, or in combination
with other adjacent development, would result in an
undeveloped island, or undeveloped island segment reaching
or exceeding a density of one structure per five acres of
fastland (reference CCME Goal 11).
PUBLIC ACCESS&
4.28: The County shall coordinate with State and Federal
agencies regarding use of and access to Federally and
State owned properties in the coastal zone for public use
(mOdified from CCME Policy 11.2.6).
4.29: Existing legal access for the public to the beach shall
be maintained by new development. New beach front
development shall show on their site-plans existing beach
access ways and the proposed development shall continue
that access way, relocate it on the site, or donate it to
the County (modified from CCME Policy 11.2.1).
aOOK
000 PAGE 31
I -17-
.
ORDINANCE 93-.11-
'f\Jr~ jtf\
(OOif
VlA Jv1.arLr',
-J (I
~ A) '--
d" ~.,
<"C)
Drt-e(
AN ORDINANCE AUENDING ORDINANCE 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE;
ADOPTING AND IlICORPORATING ENVIRONMENTAL
LAND DEVELOPMENT REGULATIONS MANDATED B'i THE~
GROWTH MANACEMENT PLAN AND RECOMMENDED IN "<9.
THE C!OMlTAD ZC>>f2 KMfAGBMEItT P~;;q;99:1 AND ~,.A
CORRECTING LEGI\L DEFICIENCIES IN ARTICLES ~~~
ONE, TWO, THREE, FIVE AND SIX OF ORDINANCE ~~
91-102 AND ADDRESSING AN AMENDMENT TO ~
SECTION 2.2.16.2.1 RELATING TO PERMITTED ~~
USES IN THE INDUSTRIAL ZONING DISTRICT; MORE ~
PARTICULARLY PROVIDING FOR SECTION ONE,
RECITALS; PROVIDING FOR SECTION TWO,
FINDINGS OF FACT; PROVIDING FOR SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE; PROVIDING FOR SECTION
FOUR, CONFLICT AND SEVERABILIT'i; PROVIDING
FOR SECTION FIVE, EFFECTIVE DATE.
VM~
~
l6- ~,
+.
~
,!,':
Whereas, the Lan<1 Development Code may not be amended more
than two times in each calendar year pursuant to Section 1.19.1,
LDC; and
Whereas, this is the first am8ndment to the Land Development
Code, Or<1inanc8, 91-102, in this calen<1ar year; an<1
Whereaa, on March 23, 1993 the Board of County Commissioners
..
"," adopte<t Resolution $J3-124 establiShing local requirements and
proce<ture. for amending the LOC; and
Whereas, all requirements of Resolution 93-124 have been met;
and
Whereaa, on April 6, 1993 the Board of county Commissioners
, "
:;. a<topted Re.olution 93-144 l.1miting the subject utter of
., amen<tments and establishing deadlines tor the first LeC amendment
.
.OllK C61 ~l(,t 328
oycle of the 1993 calendar year; and
Whereas, Resolution 93-144 limits the subject matter of these
amen<tments to environlllent,a~ land development regulations mandate<1
by the Growth Management Plan and recollllllended by the CZMP, to
identified legal deficiencies and to cases of hardship; and
Whereas, the Collier county Planning Commission 1n a manner
pre.cribed by law did hold an adverti.ed public hearing on May 6,
1993 and on June 10, 1993 concerning the.e amendments to the Lee;
and
Wherea., the Board of County Commissioner. 1n a
pre.crIbed by law <1id holeS advertbed public hearing.
.:' ~':.~
.;~~;
".
" '
1"3 and on June 29, 1993 and did take action concerning these
a.enaent. to the LDCJ and
Wherea., all applicable substantive and procedural
requir..ent. of the law have been met.
NOW, THEREFORB, BB IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SEC'rION 11 RECI'l'ALS
The foregoing recital. are true and correct and incorporated
by reference herein as it fully .et forth.
SECTION 21 FINDINGS OF J'ACT
The Board of county Commissioners of Collier County, Florida,
hereby make. the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, At AAQ., Fla.
Stat., the Florida Local Government Comprehensive Planning and
Land Development Regulation Act (hereinafter the "Act"), is
required to prepare and &dopt a comprehensiVe Plan.
2. After Adoption of the Comprehensive Plan, the Act, and in
particular Sec. 163.3202 (1), Fla. stat., mandates that Collier
County adopt land develDpment regulations that are conaiatent
with and implement the adopted Comprehensive Plan.
3. Sec. 163.3201, Fla. stat., provides that it 1s the intent
of the Act that the adoption and enforcement by Collier County of
.. land development regulations for the total unincorporated area
.
ahall be based on, be related to, and be a means cf
imple.entation tor, the adopted comprehensive Plan as required by
the Act.
4. Sec. 163.3194(1) (b), Fla. stat., requires that all land
develop.ent regulations enacted or amended by Collier County
.hall be consistent with the adopted comprehensive Plan, or
element or portion thereof, and any land development regulations
existin9 at the time of adoption which are not consistent with
the adopted comprehensive. Plan, or elelllGnt or portion thereot,
shall be amended ao as to be conaiatent.
j,
5. Sec. 163.3202(3), Fla. Stat., state. that the Act ahall
aoo~ 061 'Aq 329
-2-
. ~.
be construed to encouraqel the use of innovative land development
re9Ulations.
i. On January 10, 19B9, Collier County adopted the Collier
county Growth Manac;e.ent Plan (Hereinatter the "Growth Manaqe.ent
Plan" or "GMpl) as itu comprehensive Plan purauant to the
requirements of Sec. 1634.3161 At AA9. Fla. Stat., and Rule 9J-S,
.~: ;
F.A.C.
7. Section 163.3194(L)(a), Fla. stat., mandates that atter a
Comprehensive Plan, or ele.ent or portion thereot, has been
adopted in conformity wi'th the Act, all development undertaken
by, and all actions take.n in regard to development orders by,
governmental aqencie8 in reqard to land covered by such
coaprehensive Plan or element shall be consistent with such
Comprehensive Plan or elelDent as adopted.
8.
Pursuant to S:ec.
163.3194(3) (a),
Fla.
Stat. ,
a
development order or lllnd developlllent requlations shall be
consistent with the Coaprehensive Plan it tha land use.,
densitie. or intenaitieo, and other aspects of development
permitted by such order or requlation are compatible with and
further the objectives, policies, land uses, and densities or
intensities in the Compreher.slve Plan and it it meets all other
criteria enumerated by the local qovernment.
9.
section 163.3194(3) (b), Fla. Stat., requires that a
.
develop.ent approved or undertaken by a local quvernment shall be
consistent with the COrDprehensive Plan it the land uses,
densities or intensities, capacity or size, timinq, and other
aspects of development are compatible with and further the
objectives, policies, land use., densities or intensities in the
Comprehensive Plan and if it meets all other criteria enumerated
by the local c;ov.rnment.
10. On October 30, 1991, Collier County adopted the Collier
County Land Development COde, which became eftective on November
13, 1991 and was amended on October 14, 1992, effective October
30, 1992.
'DDK 001 Pl',~ 330
I:.
, "
~I~,.
11. Collier county Unds that the Land Development Code is
intended and nece.sary to pre.erve and enhance the pre.ent
advantages that exist in Collier County; encourage the most
appropriate use of land, water, and resources, consistent with
the publio interest; overcome present handicaps; and deal
effectively with future problems that may result from the u.e and
development of land within the total unincorporated area of
Collier County and it i. intended that this Land Development Code
jF' pr...rv., promote, protect, and improve the public health,
safety, comfort, good orde~, appearance, convenience, and general
welfare of Collier County; prevent the overcrowdin9 of land and
avoid undue concentration of population; facilitate the adequate
and efficient provision of transportation, water, sewerage,
achools, parka, recreational facilities, housing, and other
requirements and service.; conserve, develop, utilize, and
protect natural re.ource. within the jurisdiction of Collier
county; and to protect humun, environmental, social, and economic
resources; and maintain, throuqh orderly growth and development,
the character and stability of present and future land use. and
d.eveloplllent in Collier County.
12. It is the intent (If the Board of county COlllDli..ioner. of
Collier County to implement the Land Davelopment Code in
'. accordance with the provisions of the Collier County Growth
.
Kanage.ent Plan, Chapter 125, Fla. stat., and. Chapter 163, Fla.
stat., and through these a..ndments to the Code.
SECTION :): ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
The Collier county Land Development Code is hereby amended a.
shown on the side sheets which comprise Exhibit A, attached
hereto and incorporated by reference herein.
SECTION 4: CONFLICT AND SEVERABILITY
If any phra.e or portion of this ordinance 18 held invalid or
unconstitutional by any court of competent jurlscUction, such
portion shall be dee.ed " separate, distinct and independent
provision and such holding shall not affect the validity of the
lOOK
001 PlI.[ 331
-4-
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See- 6rd~<yY\('e 7 6' ~ 3 '6
I~aff 11d. Shee~
LDC page 2-81
..c. 2.2.24
"8'1'.1 a. lion in, OVerlay Di.~rioi:l Daaipatdon of
'.1'-8'1'" Land.. De.:lanat:ioD. of "..CBC-8'1''' Lands.
..
2.2.24.2.1 .atablisbaIlD~ of ''I' Overlay DistriQt. An overlay
zoning diatric~ clas.itication to be ~nown as the
"ST" Spechl Treatllen~ Overlay District, and to be
designated on the Official Zoning Atlas by the
symbol "ST~ together with the symbol of the basic
zoning dirltrict ....hich it overlay., i. hereby
.stabli.hed. Thi. overlay di.trict cla..ification
....ill be used for those land. of environ.ental
sensitivity and historioal and archaeological
significance where the ....ntial .cological or
cultural value of the land i. not adequately
protected under the basio zoning di.tr1ct
regulationll e.tabU..hed by thb code or by
ordinance. The place.ent or removal of this
ovarlay zoning district .hall be governed by the
procedure for amending the Zoninq Code and the
~Oial Zoning Atlas as prescribed in Div. 2.7.
~~l::::.dw~;h;~vi~:nmSeTnt:I~;l::n:t:I;~~t: Sh:~_.~
.OTa. required by the Growth Manage.ent Plan.
IODK (Jf)jlp,~t~lr
-
-
-
UNDEVELOPED COASTAL BARRIERS
OF COLLIER COUNTY
WIGGINS PASS UNIT FL-65P
CLAM PASS UNIT FL-64P
o
~
-
lEE COUNTY
v.1GGINS PASS UNIT FL-65P
WIOQHI "'III
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3. U28
&OOK CUi PAGE 354
Statf Side Sheet
LDe page 6-4
DIV. ,. 3
DZrINI.TI.ONB.
Aoceotable .oDitor means any carson that is acceptable to .onitor
alteration Dr trimmin; of manaroves u~der Florida Oecartment of
Na~~ral Resource. Bt~ndardl~
"Alter" or "Alteration" llleans to cut. remQye. defoliate. or
otherwioe destroy man9rovel~
Coa.tal Barriers means barJ:'ier islands.' scits. peninsulas. or
similar land-forms. includina the GU~t of Mexico. pr s~raits of
~lorida which separate estuaries or harbors f~om the open wat,rs
of the Atlantic Ocean. Gu~f ot Mexico. or Straits of Florida.
Rule 9J-5.003C12\. F.A.C.
Coastal Zone means all land and territorial w~ters west oC ~toSH
zone 1 line (approximatelv u.s. 41. for most of the coun~y\
includina water and submerged lands of oceanic water bodies or
estuarine water bodies: sh.)rel1nes adjacent to oceanic waters or
estuaries: coastal barriers: livin9 marine resources: mari~e
wetlands water-dependent facilities or water-related facilities
on oceanic or estuarine Witters, or \?ublic access facilities to
oceanic beaches or estuarine shorelines: and all lands adjacent
to such occurrences where ~eYelODment activities would imDact the
in~eari~v or quality of thel above.
Develol).4 Coastal Barrier I.hall mean any poacu;al barrier that is
not an undevelooed coastal barrier as defined herein.
Dev.l~l)mentl Has the meaning given it in Sec. 3BO.04..uJ.., Fla.
stat. [SEE DIV. 3.15J______---- __________
GEnv~~~;t.;il~~;.~-;i<~~~.~ m.an. unlgu. unlan... v,Uan... --'"
ane-_~~- natvral area which would be adversely imDacted bv )
__~eloDment .---. ,//
-----,.._---",. -------.
:raatland means that \?9rti9:l) of a coastal island above the \U1p.~
UII\~t of tidal )ietland vegl!tation. or. if sucl). yeQetation i~ not
present. that Dortion ot the island above the lIIean hi9h wlttel;:
line. This area does not include interior wetlands.
Hanqr9"e or man9rove t~tl.S sh~ll be de!1ned as any of th,
tollowina species: red 'Rang-rove lRhizophora manqle\. blac~
manarove lAvicennia aerIT,iQonsl.white mangrove lLa9uncularia
racemosal.and buttonwood (Conoca~puQ erectus\ (reference CCME
definition 1260. Wetlands)._----- _
ns~.;:;~~s~. ~~;-8..aru. Bed A~~~:tidal or Bubmerqed eBtUl!lr~:~.
.Q~_~ habitat that is or could excected to be at l~ast 2.21 I
COy.ro. .urlna <b. o,,,,,ln. ....on by Any c...~inaHoQ of ~I~;)
'\ tOllowina. Dlan..tsl. tu rt 18 IJrJu {'rhllla.ssia t.stQdinuml. man. ate,
arass CSvrinaodlum filifo~~el. shoal qrass (Halodule wriahtii\,
~~~~e?~~~~.s_lRU!,,9~~_~imal. a~ a~y species of Hal09hi1~,
~rimmina means selective p~unina of mangrove limbs smaller thap
QQe inch in diameter 01' three inches in circumst~nce that doe,
not Drevent the tree fr9m arowina. flowerina. or develoDin9
oroDll9u1es, ho\(ever. ;'S19tS. in~lud~"9 orOD roots an~
pneumlltoDhores may not be disturbed and chemiQal defoliants are
not a11owecL..
~.:::.. co~.<a~ Barri.. 'h~.~~-;- - . _~_u__~
1. Coastal barriers whie;!) contain less th~n one manmadg
structure cer 5 ac::: (;r,~~::~~~' and human activities h:V:^~~~
New language is underlined; deleted language is stricken. t-P'~
LLr\ ~-e u U t:>JJe cl, (60. diL(,& r Y' leI
/_____ ( L)V"l'\ I It'l.lA( l. {, G;,....... LtX f<tJt
// not siQl:)iticantlv at't'lct.d natu~1l1 geOJllor;>hic Ilnd eool091ca1 0~.$
/ ~~~~~::~s 'th:~:~OC~~:: sWell olo t~~~;;Mer~i~ a~~
least 114 mll. lona. Incl~din9.
2. ~- t.t ~h. our..... .f Di v. '.12 . und.v.'pV.' c...~el b.t~
incl!ll51~ those areas C\ep~s:t.d on ~he maps produced ~ the
UQlted states Fish and ~ildlife Services (USFWSl pursuant to
the Coastal Barrier Imnrovement Act. PL101-591, whil:;t)
BUD8rsed,s all preyioulJ mans prel;)ared by t~e YSFWS. and shown /
- in this Divis'on. ~
--
Staff Side Sheet
LDC page 6-4
..
~oo~ tJGl Plf,t 362
New languAge is underlined; deleted language 1s stricken.
OROINANCE NO. 96. 16
~ r;::. -g.,
AN ORDINANCE RELATING TO VESSEL CONTROL AND WATE1f\, ~
SAFETY IN TilE CLAI\1 DAY SYSTEM: PROVIDING FOR INTENT ~.':- ~
'2.021<2 ND PURPOSE: PROVIDING TITLE AND CITATION: SETIING ~-" N
,<Q'\~ TII APPLICADILITY; PROVIDING FOR VESSEL SPEED 8~~ ~
~ R~i".^TIONi PROVIOING Ilf.FINITIONS; rnovrotNG "'_
~ ~~ PErf4\LT1ES; PROVIDING FOR ENFORCHtENT: PROVIDING ':::',u s::-
~\>~~,~ FOti:CONFLlCT ANn Sf:VEHAnILlTY: AND PROVIr>ING t:-~\ ~
\c;. ~~~ ~/\N tfrFf.CTIVE OA n:. ).-
-:- ~~. ;,:1
C f.: '
'-:- '" ,.....
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". ,t~!i 1"_ ~ 7" '
WHEREAS. Collier COUllty, pursuant to Section 327,60. Florida St3lulcS, has the legal
authority 10 adopt this Ordinance 10 impose idle speed zones on waterways in Ihe unincorporated
areas oflhe CounlY; a'nd
,-
I'
. .
"...
WHEREAS. t~~Co!ii~r,ColJ~~x..._~~~nat<<:,~_,~~?,!~~o.n pla,".adopled by the Collier County
Board of County Commissioners on May 23,.1995, has identilied the Clam Bay System as an idle
.. ~p'c:e? zone, and '__'__ '
WHEREAS, it is necessal)'.lhalthe speed andoperationofvessels located in the Clam
Oay System as specified herein b~conlrollCd In order to Proie~t l1lanateeSandlh~ir habitat; and
WHEREAS, the Clam Bay System has been designated as a Natural Resource Protection
Area in Collier C!>UI:ltY;__ll~d . .
///- WHEREAS, it is in Ihe interest for tbe safety..wd welfare. of .the c~noeins public,
/ kayakers, and small boal operators, that certain controls and regulations be enacted to reduce risk
I_a~d-i~jt,;ry t!Lth~~n2Cil1g- pugiic, kayakers. ciria--5'mall boaloperalors and ensure the-enjoyablify of
~ thcsenat_llral resources by the generarpuhlic -. - .. .. ---
"-., -'--'--., . > ,.~]
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thaI'
SECTION ONE: INTENT AND PURPOSE
It is the intent and purpose of this Ordinance 10 protecl and promote the heallh, safety and
welfare of the public, including residents and visitors to Collier County and in particular to the
Clam Bay area by providing reasonabl~ regulation to the operation of vessels as defined rt is
funher intended that this ordillance shall be liberally construed to efT'ccl such intent and purpose,
(' SECTION TWO; TITLE AND CITATION
i
I
\ This Ordinance shall be known and be cited as the "Clam Bar S~~Valer .safely and
\ Vessel Control Ordinance" -- ..:: ~.,"=
.'-------_.---==:~-----,----------------
SECTION THREE: APPLlCARI/./TY
This Ordinance shall apply to and be enforced on all the waters of the following described
Restricted Aieas:
I, The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam
Bay, and Clam Pass. The restricted areas are as specified on the map attached hereto as "Exhibit
A."
2, Reserved,
~OPOSED SrJEE-'LA.Rf<ER ~OCA TI":;
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IDl_E SPEED i (1--.,
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SECTION FOUR: VESSEl. SPEED REGUI..ATION
Except during an emergency or operation by an official of the government while engaged
in official business, the operation of any vessel in excess of idle speed, as dcl1ned herein, in or on
any walers of the Clam Bay System is hereby prohibited and is a violation of this Ordinance. Said
prohibition is e/Tective and enforceable provided the -no wake" area is designated by regulatory
marker, signage, buoy. or any other notice of the "no wake" SlaWs, The locations of such notices
shall be placed at the discretion of the County Staff. All such notices posted by the County are
official notices of the County, It is no defense to a violation of this Ordinance to allege that the
Defendant did not observe notice oflhe "no wake" status ofthc watcrs orthe Clam Bay System,
SECTION FIVE: DEFINiTIONS
For the purposcs of this Ordinance, the following words are del1ned as follows:
A. IDLE SPEED means the minimum speed through or over the surface oflhe water
that will allow the vessel operator to maintain steerage ortlle vessel.
B, OPERATE means 10 be in control of the speed of a vessel traveling over or in
water.
C. VESSEL means a mowr propelled and/or artificially propelled boat, sailboat,
barge, airboat or other watercraft used or capnble of bcing used as a means of transportation of
one (1) or more persons over or in lhe water, whe/her propelled by wind, propeller, or forcing
flow of water by propeller or impeller, or otherwise. Vessel does not include a canoe, kayak. or
similar small minimum wake type vessels prClvided the vessel is then being propelled only by
paddle and nOI by motor, pump, or sail "Vessel" does not include seaplane
SECTION SlX: PENALTIES
Each violation of this Ordinance is a civil infraction. If a Citation of Violation is not
contested and is paid in full and 011 time. the line shall be Fifty dollars (S50,OO) for the first
violation within any six (6) month period, and one hundred dollars ($ I 00,00) for a second
violation by the same person wilhin anyone (I) year period. If the tine is not paid in full and on
time, the Court may impose a fine of up to live hundred dollars (S500,OO) plus court costs and
any other costs and/or fees authorized to be imposed by the Court by Florida Slat utes, As an
alternative means of enforcement, violations of this Ordinance may be referred to the Collier
County Code Enforcement Board,
SEcnONSEVEN: ENFORCEMENT
The provisions of this Ordinance shall be enforced by any member of any duly authorized
law enforcement agency or officers having enforcement jurisdiction in Collier County. Florida.
Civil Citations may be used to notify the defendant of allegations of violations of this Ordinance,
SECTION EIGHT: CONFUCT AND SEVERA/JJUTY
In the event this Ordinance conllicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply, If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not aITect the validity of the
remaining ponion.
iii 'Ill. ..... 11M'" ~ fl
-Ill
SECTION NINE: INCLUSlON IN THE CODE OF IA u(S' AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections orthe Ordinance may be renumbered or
relellered to accomplish such, and the word "ordinance" may be changed 10 "section:. "anicle, ..
or any other appropriate word
SECTION TEN: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Secretary of State,
PASSED AND DULY ADOPTED by the Board of County Commis~ioners of Collier
County, Florida, this 9 '1"-{ day of ~ _ , 1996
ATTEST
DWfGHT'E. BROCK, Clerk
&f<<~~ 21'.
. /' ' r .
Approved as 10 form and
legal sufficiency:
~~,{. ~
Thomas C, Palmer
Assistant County Atromey
TCPlmrb
f'ordin....",I...IOBoJ""y<b
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
This ordi,,<YIC~ li:cd with the
StlCretary 0/ Stall/'S Offic.e lh~
~O'y 01~. L12L-
<1 _~.,-'.'-"rn'"'" of rhe!
0". Q. ",. ,', :,', .I Q.I.L- doy
f I ".,.... '.'~. lot:, nl,. ._.1fl___
1,1 ~ A ~.&,/;;9c.-:. /
01 ..\;P". ..., . - ,. /~
..". ~ ;,,1>-;-., ~,._....
Dy_:'-2.<:....~=::..r -
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,1.
n:&C'O'!'rn Ioxxu.y
~I..l) IfD ~.I) en cw.O&t COIDIXllIow.u ~ 'I'D OJU:)DGJIWD
JOIIfDM lfD CL1UI D'f nna U M mLIi U.C IOIQI.
(
~SL..~1.Y.1
1
Tbat the Board ot County comai..ioner. (SCC) approve the
Ordinance po.ting the Clam Bay Sy.tem a. an Idle Speed Zon..
C!OIIIJ:D1f'It.~Imr81
1. Tbe CIa. Bay Ta.k Force ha. a.ked etatt about the poaaibl11ty
ot re.tricting the exce..ive .peed ot personal wat.rcratt
traveling in the CIa. Say Sy.te..
2. .
3. On February 20, 1996 the acc directed the Natural Re.ourc..
OepartIIent to vr i te an ordinance po.ting the Clua Bay Syat_
aa an Idle Speed zone (Agenda it.. 8A(2), and to tund the
po.ting ot signs trom the General Fund.
nornr nDCJEMD"f IKPAC'! I
An Ordinance posting the Clam 8ay Sy.tem supports poliet.. 7.2.1
and 7.2.2 ot the Conservation and Coa.tal K~nagem.nt Ilem.nt of
the County Growth Kanage.ent Plan.
l':IaaL ~C'l" I
Adoption of the Ordinance vill require the County to post alqna.
Costa of peraittinq and in.tallation i. estimated at $1500, to
coae trom the General Fund Res.rves.
..........-~ ..
,.~
~OPOSED
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SPEE~ARKER L.OCATI":;
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-
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk ot: Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-16
Which was adopted by the Board of County Commissioners on the 9th day
of April. 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of April, 1996.
DWIGHT E. BROCK
Clerk of Courts and C).er}("......,.. , .
Ex-officio to Board of. ,: .
County Commissione:r:~i' , . :. '.,
.' .....
~...u~~
By: Is/Maureen Kenyon.
Deputy Clti;-k' ..,. .;
" 'J'). '\ ....~ '"
">a. .......1...
. .,
~ :
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.' . ~
. .< :. ........
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....
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......
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, 'tlJt'1lVd i Vl ~
~S'~. I~Vr:t R~
AN ORDINANCE HELATING TO VESSEL CONTROL AND WATEJf:'-'; 4L i ·
_ SAFETY IN TilE CLAI\1 OA Y ~:',S.TE.:\I: PR~VIDING FOIIINT,HtT ~.::J\^.... n $'a
(W2~lN1) PURPOSE; PROVIDING III U. AND CITATION; SETTING ~)~. " T ~......
~~....) <., I'll APPLICABILITY; I'IlOYlOl~G FOn YESSE::L SPEED :-:\:'. ~ C(J(Vt,l)~
.~" ~ I<f. tII.ATION; rnOVlOlNG Ilf.FINITIONS; PIWVIOING :.;:'.1
!::! ~'t:. PF:rf~LTIES; PROVIDING FOR ENFORCDl ENT; PROVlOlNG ';" ~~ '
~ ~t.~<0) FOFt(:ONFLlCT AND SEVElun/LlT)'; AND PROVIDING ~l<-;, c:l
\';j "t-"~~~AN ~J:FE.CTIVF. DATE. ')..'
\~, ~v- r~..j
\ ~r;... .!.,:
''.,. fl'$) \ /
. - t."'j t':. 1. '
ORDINANCE NO. 96. 16
WHEREAS. Collier COUllty, pursuant to Section n7 60, Florida SI3IUICS. has the legal
authority \0 adopt this Ordinance 10 impose idle speed zones on waterways in Ihe unincorporated
areas of the Counly; and
WHEREAS. the Collier County Manalee Protection Pla1, adopted by the Collier County
Board of County Commissioners on May 2J, 1995, has idemified the Clam Bay System as an idle
speed lOne, J.lld
WHEREAS, it is necessary that the speed and operation of vessels located in the Clam
[lay System as specified herein be controlled 111 order 10 protect manatees and their habitat; and
WHEREAS, the Clam Bay System has been designated as a Nacura! Resource Protection
Area in Collier County; and
WHEREAS, it is in lhe interest for lhe safely and welfare of the canoeing public,
kayakcrs, and small boat operators, that ccnain controls and regulations be enacted [0 reduce risk
and injury to the canoeing public, kayakers, and srmll boal o['lcratofs and ensure the cnjoyablily of
these natural resources by the general public
NOW, THEREfORE, BE IT ORDAINED BY TilE BOARD OF COUNTY
COMMlSSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to protect and promote the health, safely and
welfare of the public, including residcnls and visilors \0 Collier County dnd in particular to the
Clam Bay area by providing rcasol1.1b!t' regulation to the operation of vessels as defined It is
funher inlended that this ordil,ance slnll be i:be~ally C;:JnstJ1Jcd 10 eP"eCl such InIcm and purpose
SECTION TJVO: TInE AND ClTIITlON
_ This Ordinance shall be known and be cited as the "Clam Bay System Water Safety and
Vessel Control Ordinance-"..--...... ---=__.~:,,; .'. ... ... ~~:::==..,._~-
. .,,-=-=cc-
SECTION THREE: APPLfCAIHI./n'
This Ordinance shall apply to and bt.: enfofce:J on all the waters of the following described
Restricted Aieas,
[, The Clam Bay System including Upper Cll\m Bay, Inner Clam Bay, Outer Clam
Oay, and Clam Pass. The restricted areas are as specilied on the map attached hereto as "Exhibit
A."
2. Reserved.
n
-
--
-
SE(.TWN FOUR: VESSEl. SPEED REGUlA TfON
Except during an emergency or operation by an oi1kial of Ihe governmem while engaged
in official busines~, the operation of any vessel in excess of idle speed, as defined herein, in or on
any waters oftl1e Clam Gay System is hereby prohibit cd and is a violation of Ihis Ordinancc, Said
prohibilion is effective and enforceable provided Ihe "no wake" area is designaled by regulatory
marker, signage, buo;, or any other notice of the "no wake" staWs. The locations of such notices
shall be placed al the discretion of Ihe Cour,ty Staff, All such notices posted by the County are
orlicial notices of the County It is no defense to a violation of this Orcinance to allege that the
Defendant did not observe notice ofllle "no wake' mlUS oflhe walcrs of the Clam Bay System,
SECTlON FIVE: DEFINITIONS
For the purposes of this Ordinance, the fl)lIowing words are defined as follows:
A, IDLE SPEED means the minimum speed through Of over the surface of the water
thai will allow the vessel operator to maintain steerage ortlle vessel.
8, OPERATE means (0 be in control of the speed of a vessel traveling over or in
water,
C. VESSEL means a motor propelled and/or artificially propelled boat, sailboat,
bargc, airboat or othcr watercrafluscd or capable of being used as a means of lransponation of
one (1) or morc persons over or ill the waler, whether propelled hy Wind, OJropc:ler, or forcing
now of water by propeller or ill1rellcl, ur otherwise, Vessel does not include a canoe, kayak, or
similar small minimum wake type vessels pmvided the vessel is then being propelled only by
paddle and not by motor, pump, or sail "Vessel" does not include seaplane
SECTION SIX: PENALTlES
Each violation of this Ordinance is a civil infraction If a Citalion of Violation is not
contested and is paid in full and 011 \lme, lhe fine shall be Finy dollars ($5000) for lhe first
violation within any six (6) month period, and one hundred dollars ($ I 0000) for a second
violation by lhe same person wilhin anyone (I) year period, If the line is not paid in full and on
time, the Court may impose a fine of up to live hundred dollars (S500,OO) plus coun costs and
any other com and/or fees authoriled to be imposed by the Court by Florida Statutes As an
alternative means of enforcement, violations of this Ordinance may be referred to the Collier
County Code Enforcement Board
SECTION SEVEN: ENFORCEMENT
The provisions of thiS Ordinance shall be e-.forced by any member of any duly authorized
law enforcement agency or officers having enforcement Jurisdiclion in CoHier County, Florida
Civil Citatj~)ns may be used to notify the defendant of allegations of viola1ions of this Ordinance
SECT/ON EIGI/T: CONFUCT AND SEVERAIJlUTY
In the event this Ordinance conOicts WIth any other ordinance of Collier County or other
applicable law, the more restrictive ~hall apply, If any phrase or punion of the Ordinance is held
invalid or unconstitutional by any coun of con'pCtenl jurisdiction, such portion shall be deemed a
separate, distinct and independt':1t prvvisiOll and ~uch lioldir:!S shall not alTl:ct the validity l)f the
remaining ponion.
_WI
SECTION NINE: INCLUSION IN THE CODE OF IA H~l) AND OHM/VA NCES.
The provisions of this Ordinance shall become and be made II part of the Code of Laws
and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed 10 "section:' "article, h
or any olher appropriate word
SECTION TEN: EFFECTIVE DA TE
This Ordinance shall take etTeclllpon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commis~ioners of Collier
County, Florida, this _~_ day of _~___..__, 1996
ATTEST
DWIGHTE BROCK, Clerk
&f~-"'~ y)C.
,/ ' -,.
Approved as 10 ronn and
legal sufficiency:
~~~(jJ~
Thomas C Palmer
Assistant County Allomey
rO!Il\(~
r-'or.JI"-lnCa\~.lt:n.ft'\ y<b
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~~
Tht. onii"(lnC~ fi~co with the
Secre,tcry c< ~:ot~'$ Offi~/~ ;h~
La4'o'f c,: ~~. L'1:2._
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Cleric of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-16
Which was adopted by the Board of County Commissioners on the 9th day
of April. 1996, during Regular Session,
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of April, 1996.
DWIGHT E. BROCK
Clerk of Courts and ClerK".'....,.,
Ex-officio to Board of.
County Commissioner~;
~....~~
By: Is/Maureen Kenyon
Deputy Cle.;-k' ",
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Colller Counc" rlorlda
IU:QUISt f'Ol UCAL ADY'ERTIS1.IfC or PUlILIC R!.AJlllfCS
11/28/84-550
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'lol Clerk to the Ioard I
'le..e pl.ce the followtnc a. al
tE1J
1'or.a1 tAtal M..rt1._nt
c::J Ocher:
CDl.play AdY.. loeaelon. etc.)
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'etltlon 1'0. .(It non" live brief de.crlptlon):
A&&&'&A~'AA!&A'A'.&AAaA4k~~AA"'A~A~~&'A&IA.~I..j'A&"~A~~A~~A~k&"'&"~'~LAa"&"~A"'AA.&'&AA&IAA&.'AAA'&''.AAA
Petitioner: C.... ~ addre..):
Collier County Board of County Commi..ionerl
-- " Addn.. ot IIll1 p.raon,C.) to lie notified by Cle"' I OHlcel
(It lIOn IIpKC ~ll, attach upar.te Ihut)
Natural Resources Depart~nt - 732-2505
Kt:v in H t Duun
lunna tleforct CZJ ICe c:J aZA OOther
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Jequ..te4 bearU& date:
4/9/96
a..ed en .dYertl.~t appeartn. !2-- day. betore hearins.
w.v.papcr(.) to be u.ed: (Co.plete only if u.por~~nt c::7,
or l~lly requlred ~)
t!:ZJ
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Kepte. Delly Xcv.
Other
a.&AAAA&AA&.AA'AI~~~4_.'&.'.AA.&.AI'&~.A'AA~A~'I'AI&I''l~l&.AAAA&AA&.&'A'AA'aA&.AA.'A.'..'aA..&'A'.~'A~' A'&A!~~..
'roposed tUtf <Include lClal ducrlptlon . C~ locatlon & .he): An ordioanc~ relating to
ve..el control and water .afery in the Clam Bay system.
Co.pac1oa PCtltlon(a), If any, & propo.ed hearlnl date:
~\..'4&<.&.&IA'A"AAA~~~_~_"4~~A_~~~_~L"A~A'&&A_k.kAiA~A..AAAA~A~A'_'~'AA'AAAIA~.~~~ii~A~.L'A"iA'_~.~..
Doe. 'etitlon F~ Include AdvertL,in, Co.e? Yes ~
for .dYertlllul costl 001-178980-649100
No l:::1 If ye,. Vh4t .ccoune .hould be eh.rled
*..aA'AA&AA&4A~4AI'A.~_~..A....'I~__~~~~'~A.AAA~AAAA.AA&AA.a'AAA4AA~A'AA.AAAAAA'IAIA&.~AA'AA..&LA.~.AA~~LAAALa~,.
I.nl~d byr 'Ar. y"r\ VI Approved by:
DiYhloa Head ~Dat~ ~--(f COI.lnty Manlier
D..te
Un Att..a.c'-utll(l) Ordinance
(2)
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01 S1'lU sun ON I NSTRUCTIOfl S
A. For b..r1n!. before ace or aZA: tnltlatine perlon co coaplet. one copy and obtain Dlyl,1on Read approval
befare .ubalttiol to County K.na.er. ~: It le~al document t. lovalYed, be .u~ that any nece,.lry le~al
1'."1_, or requeH for UM, 1. .ub.-lete,1 co CO\Jnt'l' Attorney befor~ subtllttln!!: to County Mana..~. The
Kaoa,.r'. Office wLll dlltrlbute caple.: -
l::7 County Klnaler ICeod. fl1e;
L::7 R~qu~.tlnR Dtvl.ion;
L::7 Orlllnal to Clerk'. Office
...
I. Other bearinS'1 Inittltin. Dlvl.ion Head to approve and .ubelt orl,ln.l to Clerk', Office. reta1nlns a CGp7_
for Ute.
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.":l(M,lur" .,.. ~.P OF COO.',d; COIOU..IOJI'D.I ~ "... QU)~
.tot'tnN ~ CLNI U'I nna U AJf ~ ..*&1) I~.
(
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That the Board ot County Commiaaionera (BCC) approve the
Ordinance poat1nq the Clalll Bay SyatUl aa an Idle S~e4 Zone.
CCJlmt:J)1rIt:a.~Imr81
1. Tbe Cla. Bay Taak Force haa aaked atatt about the po.aIbil1ty
of reatricting the exceasive speed of personal watercraft
__~~avelinq in the Clam Bay Syatelll.
--_..- ')
(/--
2. TheS2-1lier Co~'!~:r,,-Ma~~~""IIt~()tection Plan approved by the
~ on ~}'_~JL_l~95/.~!:,d ~ccipted by the State on July 25,
'-~9?~~-Identit}e15_ the Clam Bay ,~.Y~te1D as a~. Idle speed Zone.
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3. On February 20. 1996 the &CC directed the Natural a..cure..
DepartJMnt to vr i te an ordinance po.tinq the Clua Bay Syat_
aa an Idle Speed zone (Agenda it.. 8A(2), and to fund the
postlnq of s1qn8 from the General Fund.
GRorl"B XADQEKElf'l' IKPACT:
An ordinance posting the Clam Bay Syate. supports Polici.. 7.2.1
and 7.2.2 ot the Conservation and Coaatal Management Elem.nt of
the County Growth Management Plan.
1'X8C1L 1:KPACT s
Adoption of the ordinance will require the County to post sIgn..
Cost. of pera1tt1ng and installation is e.timated at $1500, to
coae from the General Fund R.serves.
~OCATIONS
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APR 0 9 1996
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I ORDmAJlfCE ""0. ,..._ .
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4 AJ'( 0ItDIPlAJtCE RI:l.A TING 10 VISSIL COtn1lOl. AlQ) "ATD
, IAI'ITY IPf THE CL.UI L\ Y IYITDl; l'IlOVIDmG FOllin j ......
, AJC]) ~ I'I.OVJ])UI(C nru: AJCI) orA. 'DOff; N.11JriG
1 J'01lTII APPUCAJDn'Y; I'IlOVIDDfG JOlt VEaI1.I1'DD
J UC11LA. TJOIC; I'1tOVIDIPfC DI7JJIIJ11O!ICI PJlO'YlDlJlfO
, PDW.TJa; I'JlOVJDIlIfG roalltJ'OttCDtI:ln'; I'ItO'Y1J)VCC
10 JOlt COIUUCT AJ't1) 1EVEJlAJnJTY; A.N1) PJlOVlDIJIfC
"- II AJIf r.rncr1VE DATE..
11
u WHElU:AS. C4IJia' Colalcy. ~ ID s.:Dcc m.60. FJadda ...... .. "'1epI
.. ....,. to ... dIiIIt 0rdiaD:e ID iaIpoIc WIt IpIId JDDa OIl ..-.r-Iq.1D dle ~
n ... of lbI eo.r. _
I.
17 WHD.EAS. .. C<<!ict Q)aary MaD.ec Pl~ Plla.1dopIId by .. CGWIr eo.,
If Bowd of COIIIC)' C~... J",,",,*n OIl May 23. 1995. _ldo:Irjftcd.. C. Icy .,.....
., icIk Jpad ZDClr, Dl
20
21 WHD.EAS. . is ~, dIM .. lIpCCd Dl ~1600 of...... Joc.IId ill die o.a
n s., SyJIaD . tpedftaI bmia be COIlIIroUcd ill CIder to P"*C' "''l7 II IDlS 6dr bIbbII; IDlS
IJ
14 WHEJlEAS. die OlD &y Sya:cm ,. bma ~r-t II . HcnI Rao.rcc PloeeaJ.....
2S Ala. Coma UMIrr. and
2*
17 t.'HE:RE.AS. II is ill Ibc ~ for Ibc II!cty IIld wd.fan of d:It aDOdD& public.
n byM.m.. and ..n boll opcnIIOr'I, _ cmai1l c.oaII"Ob and re:plaDca be -*If to ~ d*
l'J - .,. 10 Ibc caociDc pubtic.. UyIkcn. JOd ..0 boll. open.tOn tnd G'IIUI't d:It ., llbHty .
JO of lbne DaQnl raowt'C S by lbc cmcraI public,
} I
n NOW. THEllUORf.. BE IT ORDAlNED BY 11iE 8OAJlO OF COUNTY
}) COMMlSSJONER.S Of COl.l.lER COUNTY. fLORIDA.lba1:
}ol
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16 SECTION ONE: 1J'tI'TE107 AJV1) 'llV'OSE
}1
H It is Ibc iIuac IDd pwpoM ollbil 0rdimDcc 10 prOCICltnd Jl"lIDC* .. ~ ...., IIll:I
" MlfaR of Ibc public. -..... raidaa aDd risi10n to CoOicr CG.IIy ... ID pen:Sc:uIar to 1bt
40 o.m Bay .-n by JlI'O'ridizlIl'ltlIIODIbk ~ to the opcntioo at ~ . dc&acd. Ie it
~ I further inImdcd m. Ibis o.~ sbaIl be libenJly ~ ued to d'f'cct sadJ iallaIl aDd parpoIC.
41
4}
.u SECTlON TWO: TITLE AJ(D arATlON
.,
46 This ~ IIWl be kJloon lad be cilCId 1.1 lbc "a.:a s., S)"1II:m W.. Wccy IDd
~7 V cud UJar:roi 0rdiDala "
4f
..
~ SECTION T1lJ.EZ: U'UCUILlTT
'1
n This 0nIiDmc:e .u IppIy 10 IDd be ~ OIl III die ...... 0( die fDUowttIa
'1 dnc:ribcd R.nuict.cd A.ras:
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SEC710N FOU~ Y!:SS'EL S'EEIJ llECUlA TJON
Uapl cb'I:DI c cm.J ~ or operaioD b7 c offiCiIJ 0( Cbc ~~"'....... wblJe app:cS
ill omciaI ~ Cbc opcrIIioQ 0( cy wad ill acaI 0( ldJc lIpIIId. . ~ .......<< OD
.., ....... 0( Cbc C1Iaa s..,. IJ"*ID .. Iw:rebr pooNbitIld IDd .. . ~ 01 tit 0nIa.r:c.
s.id prDtaa1lic5co .. etfcdiw IDd c:aI<<cabIc pn7Yidcd Cbc -DO ... Ira Is ...... b7
~ ..ur. ~ blao1, or cy CIICber IKlCiee 0( Cbc -DO ........ n. Ioc:Idoaa or
-* oo&Sca IIIIIJI bI .... . Cbc 4bcm:ioD 0( Cbc Coaary Sd All Jadl-xa JlOIIed b7 Cbc
CcItay 1ft oma.I 806m of (be COID')'. It.. DO ddrmr 10 . ~ or dIIiI ~ 10
..... dw Drfc:zIda 6d DOC ~ ~ 0( Cbc -DO ...v .... or d:Ie .-n or Cbc Clam
Bey s,.m.
SECTION FIVE: DEFIN1T10NS
F 01 thr pwpotCI 0( drI:s 0rdinaDl:c.. !be rol~ words In: cSefiDed .. foUows:
A IDLE SPEED lnaZlS thr ~"" speed lhrouP 01 OYer dlC ufa:c 0( dlC WDCr
tt. wiD allow dw n:.d ~ to maiaI.Iiin *CI'lIIp o(!be ftIId.
B OPERA n mam 10 be m eoaa:rol of thr IpCCd 0( . 'UId cnmliDa crm or In
.an
C. VESSEL manI . mocor propelled ~or n.ficially propdJed boG. llilbol:&..
blq.c, Ilifbwr or ocbcr -.m:raft IIMd 01 ClIpIbl, of brine -.d .. . .... 0( ".b'_~ of
ocx (I) 01 more pmons 0'Vn or in tht WlIICT. .1'IrlhtT propelkd by wiDd. propeller, or (orcin,
no... of.-.sa by propeller or impclla. or ~1I( Ynscl don DO( iDclude. CIIDOC. kayak.. or
simila' tmall awUmWD wUc rypc YUSCb pro'Ii6rd !be vaJCl is lbnl bcUIa propelJcd only by
pIddk and DO( by moc.or, pump. or Ai 1 '"V nscl" don DOl iDdudt ~,
SECTION SIX: n:NALTJO
E.w:h rio/.al)oo 0( lbiJ Ordinance is I civil i.atraction. II. CnIOoa 0( VioJadoD is DO(
cClOICSICd m:I is paid in fW1 11II1 CD time. thr fior JbaD be ;1ft} doUwI (150.00) for Cbc ftrst
~ wnhizI any sa (6) IDOUdl period. m:I ocx lIaDdm! cIoUJn ($100.00) for . ICCODd
rioIIQoo by (be IlIIDr pcnoa wUbiD any _ (1 ) far pe:riocL I( thr &Ie Is DOC pDcI iD ft.lU and OIl
rime. thr Court may impow . fmr at up to tn, buDdrcd 4oI1an (S~.OO) phil court COtb IDd
any ocbcT c:osu ao4Ior lea IUIborizcd to be impoIc:d by Cbc Court by F10rida Su:aMs. ..... In
a.I1crDIIi'VC CDanI at a!orc:tmcrJl. ~ at this Onfinanc, InlIY be ref'emd to tbe Col1kr
C~ Cod<< Emorcarwm Bottd
SECTION SEVEN: ENFO~CEMEN7
Tbt ~ of Ibis ~ IbaII be aaf"orccd by cy racmbcr at lIT! duly aud:loriad
law m!ortcmcuc apDC}' or otfic:cn bnina mfortcmCDl jr:riJdicUca lID Comer Cola)', fJorida.
CMJ CJultioas may be lIlled fO DOCity!be defcndlna a( aIJcpica ol~ atdllil OrdinIncc,
SEC710/'i DCBT: CONFLICT AND SEYU.,(8JLD7
l8 thr f'Yalt 1I:Us 0rdiDIDce CICGfliccI wi1b any o<<bcr 0I'diDIace or Collier eo..., or odIcr
Ip'plic:abk law, dw lDCIft j~tCliaiw IbIlllpply. It aay ~ or porriaa oltbe 0nbIace.. held
mv.lid or ~ by any coun ol~~ IIIdl prxtioD IbID bt ~ a
........ 4iJtiDct IPd ~ proviaioa IlDd IAICb bo&dioc IWJ DOC a&c:t tbI ..ndity or tbc .
~~~ ~~
APR 0 9 1996
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SEJ:T1ON /IlNEJ EFTECTIYE JM1T
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r ASSIJ) AJlfJ) IK1L Y ADOPTED tI)' .. 80Ird of eo.r,- cr' ~ IHI'I or CoDiIr
eo.r,. FJartda. dJiJ .,. oi . 1996.
ATTEST:
DWJOHT E. BROCK. Ocrt
BOAJU> Of COUNTY c::a.GaSSIONEIS
OF COLl.1EI. COUNTY. FLORIDA
Br:
JOHN C. HOIUUS
~
Apf:lrl:Md II fD fonD _
.... ..mc~).
n.:.a.. C. PaImcr
~ COWIfy A~
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~ lOX 413020 I
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llffE.aKl: 001Z30 -001178'\10-64 I
57281527 NOTICE Of UfTElfTTO C I
I
lut. of florldt I
~ of CollI.r I
11I1_ the ~.l,,*, euthorlty, ~rlCll'lelly I
.Ip~ II 4Id Ill.. Ivet"I<lI\, 1Iltlo on oeth My' tllet ahe I
..",.. .. the Auht.-.t s.cNUlry of the "l" I
lleny 1Iltw, . deH)' fW.j~ ~li.tled .t !lepl", I
In Collier County, flOt'lde: thet the .tt.c:tIed 1
copy of 8dv.rthlng .. ~li""'ld 1n Mid I
~, on dIIt.. ll'ted. I
Affl...t fur-tlwr My' tllet the Mid ..l.. hit)' f
~ 11 . ~r plA)lll1tlotd ~ !lepl.., In Mid I
Coll tet" CoIIlty, HOf'idll, Ind ttwt the Mid I
""" ljltlf'l<lr he, her.tofONl ...., ClOnt l!lUOU'Ily I
publtlhed In Mid Collier County, nOf'lciII,..ch I
., ... "- ~ entered .. Mccnd el... _Il I
.-ttet" 8t the poat offIce In IIIIIple., in MId I
Co~lIfl' COWrty, HOf'tdll, fOl' . ptf"lad of 1 y..r \
MXt pr.cedlng the f 1 r1t1 publ1 ClI't Ion of the I
8ttach4ld copy of edwwrtt--.nt; ... .fflent I
furt.her MyW met he ... ne1ther peld nor pNllI1,ed I
In'/ penon, f1 r1I or CI:lpOnlt Ion WI)' d1,coun t, I
rSIet., co.l111on 01' r.funcl 10r the PUI"pOH 01 I
_1ng thll edYertl~t for publication In t~1
Mtd ~r, I
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U PACE: 4,667 lNOl i
f1J.D ca: 03/a/96 I
I
It~ of Ament };~./~I-/J~
...,. to ... II.ttlecrtbecllMr1_ .. thl, ~ cIey of ~ ~J.,
_", -- .. - r:1I~~ ... ~
Q) ..IO'\'Q E. II.AZI!Il
~ . MY' ~- "", CI:IID1 DPIB
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12C 11
March 25, 1996
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
Re: Notice of Public Hearing to consider an ordinance
relating to vessel control and water safety in the Clam
Bay Sys tern
Dear Judy:
Please advertise the above referenced notice one time on
Thursday, March 28, 1996 and send the Affidavit of
Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
}:.~
Ellie Hoffman, Deputy Clerk
Enclosure
Purchase Order No. 001-178980-649100
12C'1'''
NOTICE OF INTl!:NT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY APRIL 9 1996 in the
Boardroom, 3rd Floor, Administration Buil~g, Collier County
aavernment Center, 3301 East Tamiami Trail, Napl.., Florida, the Board
of County Commissioners ",111 consider the enactment of a County
Ordinance. The meetino will commence at 9:00 A.H. The title of the
proposed Ordinance i. AS follows:
AN ORDINJUiCE RELATmG TO VESSEL CONTROL AND WATER SAFBTY IN TIlE
~ BAY SYSTEM; PROVIDING FOR IN'I'BNT AND PURPOSE; PROVIDING TITLE
AND CITATIONi SETTIRJ PORTH APPLICABILITY; PROVIDING PaR VESSEL
SPBBD REGULATION; PROVIDING DEFINITIONS; PROVIDING PBRALTXBS;
PROVIDING FOR ENFORC!".MENT; PROVIDING FOR CONFLICT AND SBVERABILITY;
ARO PROVIDING AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
Any person who decides ~o appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
b'sed.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JOHN C. NORRIS, CHAIRMAN
I:M"IGHT E. BROCK. CLERK
By: IslE11ie Hoffman, Deputy Clerk
(SEAL)
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Ll.ch.liteL, l~) year serv.ice a'waLd.
(AppLwsel
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ORDINANCE 96 16 APPROVING THE OiWn;;'\lKE POSTH:C THE eLl\l.; BAY ;)'fTEM AS
1"..N IDLE SPPED ZONE - ADOPTED
CHAIRMAN t-JORRIS: ()f:ay. That '.TIJ::ludes our morning
agenda.. And we Cdn move t-,) (1L1 aften:oon agenda, E'lIS:- .item.is
L2 (e) (1) ,u:cormnendatiull that thc' h,)clh-i appr,ve thv-;r'_l.ll',a'1C'=' postlng
the Clam Bay system as an LaIe sP,'('(1 ::J!1C,
COMMISS10NEH MA';"l'HEWS: Ttldt do",,,:\'r seem hard,
CHATRMN~ NORFI.3: i'lr. U\.lee'lr., 1 ;),'t till,', 13 your:::,
fv!R. lJUCAN: 1'-11., Chd.lrn,Z,r, DCid"'.l, I'm I';'-"Ji.:' r'.clcJdlt ':>li.'.L
L he. na l ur ,'I! t e t:: 0 L. r ,.'C,:., dt:' pel j' t ft.>:- L L. T:: ~,~ iH<l.iIl<.: r:cc '.' nln,' abc 'r:. d s a
t.esult 01 ont:' oj tIL", Lt:'dllngs w.:t', 1_ l'~ Irianqr. vc' task f'.'r,:c'. People In
l.Jelican Bay weLe l:omplainlLg dbol_~t {:'~,;,{_'es[;: '.J~ J:oi~:e ("f. ~vJd.~.~.~~.(...rdl~t lIt
the CLam Bay system.
COMMISSrONEH HANCOCK: No, Mr. :-J'Jc;an, they'r.c'
compldJ.n~ng abour deSLluctlon ,)t hdL~.::.1:: .in the c:L:llri Bd'y' s<2ct.ion. \'le
con't want. to confuse this \>Jitn 'd:.;t week's IeqU(.st.
MH. DUGAN: ~).: nee lr-lf'r:, VOL: ":~l()h', WF~ have aO!"le a ~ilt e
bi t e,f reSic'd ~'ch. We have t d K":e! w. '1 Pt:'OF' ,.., vii L h '>':Iv..."-, r I"L) KUOW,
thaL r1.1Ve De~'n a.:.mosl. run vll",- by " [)<"'l:::;"))(,'I, Wal,-! C1dlt In t:.,c ar,';).
'1'h(.'" rn,111dLee proLecl:or: t-'l.,.:1f1 r(>"...:()Hun'.~'':''!\...it:~:~~ Lh(~ \'.1 Lf:.,,;l .} ctn 1o.1t-: ~~~)eed :-'.{)Ile
because of the sedqrass bl:-d::, LIl ~ Ih' ,~re:1. And ,1.': a ,csult of Lhat,
th(). board hd~--; 9iven ',..i~.~ cLi!.i"....ri,,)Il tc l....{~);:.t::: ~Jp v,JJ.t~.: dn cr(~"..:-tdnc:e.
'fuu haVE' d copy o[ rn.1t O[(ljnd~:'.:r.', :: wdlor t,) hr].;;'-j C>l;t
sQmethIng thdt the '.'Gunty ,..t'. rTey':: ,-.:ficb bruu)I-,t .iI: 't'tt \^le, ornittPd
:-Ill inclUSIon claus", f:)ut rl".', 'opy tnat tlic'c'h<.tirl"~atl C) !,,!..~ ~hd(
lllCi uded W.i :,h i. t.
,:!lATRMAN NORRIS: OkdY, Tt1at <oncludc,,-, y::n.II pr,~setl::at,.icn';'
MR. DUGAN: It's quiet:
COMfvI,ISSIONEH MA'l"l'HEW~i; I've qot ;):lE ',jut:s:-,ion, _':5 to,ere
any reason '~ha t~ we shou lon' l do c:h.L~;)
MR. DUC;,Tl.N: Why we stlC'ulclI'L 0(; .it
COMMISSIONl::P MTTHfo:W:3: Ul1-:lUL.
MR. DU(.:;AN: No,
,-:OMMISSIOt.JER M.A.TTHEWS: Okay.
'..'OMM r ~;~JIONEP. 1l!\.NCCh.:K:
WelS GC.LJ:C) tn ,j.n:',;\"Jer Lh.lt..
'/')1.l
"'~'(
',,',ier'erl1 t_
MR. DORHILL: You l'ldve one speah~.:.., Ur. 3::3.1 Llnqs, J\_fJO
he's your only one.
C:OMMIS:';TONEP. fLANCOCK: Yeu !lecej to ch3nyi:" yOU[ st' ker
tor this une, E"ri'lfl.
>'<\.UH, STALLINCS:X'.c.c,n SLc,ll':r'(L~m' fLOL.L:1a
\'Jildl~je Federat.lon, :';ave Lh<' r>';cEldl"', I 'ust 'dd:-.r~ed 0 speak l!l
::;,"ppon: of Jt. The sed~lLc"S:~ ht':'l.l.'> '/J.- tt:.:.;-,f" au,' T.n!..".' 1rnp::'L't:anL to th,:.
.overall ecology 011.'.\.-11. :o,!"rem, ,>:'Ie:. ''I'" ,10 lldV., "hI':' por:e!:'_ial dnd we
nk some .,ctual durn'EJe',CO tht~::;e DC'U:::...-_!JY r:ie pC~I,c;orldl wd:ercri'llt. cio
12 verl tho UY}l t hi si ~-3' ,:1 --~"~71;'a 1 i r:.::i \~;{--::-'e-~~~- t-:1:.e--.'pu 7 Z 1 e I T.rJ7~~~frr: n:,. ..... t": l'--;~ an ~
important. one dnd \-Joule! urCJ<" your :';Lp;.J'->C:: ':l' I:h<,: sen.:;c: ',Ldt we :.hin"
it will help with the over-all ~,r)hLt:'ms :'I'iH an' eX.i..:,''',lC'J :n t:1C systenl
now, Thanf: you.
COMMISSIONER MATTHEWS: If the ,;ha1rr:\dn \-J.:.11 (']0:;,," the
publ.ic hearing, T wlll make :l ;not_vL,
.)(:
i "
MR. DORRILL: We have got one ddd~~ion~l one, Mr. Chairman.
CHAIRMAN NORRIS: We now have .'Ie "deli tjonal public :.;peakeL.
MR. DORRTLL: Mr. Wood.
MH. WOOD: Thank you. Good mor:'li:lq, Cornrnis"ic)tler:3, 1'1y
name is Doug Waoel. I'm an)ttorney ',,_:.h ';j,.:.sky, PIlor:, and iI/ood. T'm
hcre on behalf oj' a ,:ll.E'nt ot m.nr:1 '1'e::r1' BIlSKY (phon('c,l.':':, She IS d
resident of Sc.,aga.t:e communit v on Sea:l()"s<:, L:HlC. She wOL:d have Liked
Lo have been here Lo tJ.lk to YOI' nerse,', b,lt ':In[oITulCdtely :she
couldn't be here toaay, I'm -- my .'L>",nt LS opposed tc ,he l1o-wake
speed zone tor thE: reason I- nat whe:1 .,,:'le - she h,',; 1.":"";1 a IC"31denl of
Seayate tor qUlt,f' SOHl<' t noe. Her al'j I~,::t [dm, 1y hel'.je I1sed the
personal watercraft In Clam Ray ann na~e cnJcyed [~ct~, :h~l'~ be~n
on.:' 0 f Lhe reasons ,; hoc pu rc :1.1 ~;ed :-1>' f:.'! op'-' r t",: We) ~ ",0 r- "'d'. ,'; I':f' wall I d
l-.'-'lVf' the abilIty to "Ise her w,)ter r'"tt (.'ut;;i.de 01 h"'L :lor~,e. She
irlouldn't hav<" to ta~:(' ar,cJ I-r,"'>',=,_, c)d(~ Lhc:m rlfj ., T.r. ~",">' ~,nci oc,d r:helll
in :;;olllewhere, ,1m ',o_ci by fW! ,,:!'0:1L Ch,lt .'::1'-' do""", not. :I.1'1C' a'_'C(';';;5 lo
the qulf thLough (':"3.[[\ r"lY be<:',;Ul3t?:C rno',:::h,11Iow Wa7('L'o., She cannot
get. out to Lhe qu'f. Sf' if Ule ,10 '.-.ic.r>:' 70:1<:, i" impo,-,eci, sne bd::i';:ally
LS now gOlnq to he for,::ec! '_0 LUy d :.1'1'11 ~eL LOt her [J,t'::x'c:: '-Jdtpl'Cratr:
dnd take them . dnY,-lm"" she' wants t'c .-:;he'<, 'Joini.J tc j;"ve tu lD,,,d U1ern
lip, drive, load t,hern 1n the \-.iatcr sCI:',e,'Jr;ere ;;0 sfee 'ar~ ."0;"'< ner
,"",tereraft,
I Lh1nk this is really restIlc-:nq her enioyment ~rd
abillt.y t,Q l.~se her prop,:<t't'/' T am,',,~; told by my r:l1er.L haven't
InvestJ.qated tlu,;, tlllt en", ::'Oll\('cne L, <j'(Jlnq lC h,:, dPP_'}lf:] tor <1r,
emergency perm, t to drc-c1qe Cl pCJ[t.l.CI, 0: Clam I3d'y !Iop,:[ull y .0 m,)J<.':' rhE'
,}ccess out to the gUlf more a,:c',ssli"'.t:"l',H:SS wh.,:r I ".Joule! fcque::31
on bena.If of my client 105 why jur'~ '..-Ie ~)ur t:lJ,,', on fluId :0'::' .. litr-I",
while dC, far as the 11(' -- ['() Wdt:e: SQ<:'t::'C 7.0n,:, 1;:1'1:C '11"" 1:0 done. (.iE'
all know fOL S',JrE' tl:dt, onl::, 1r "-'1_1 be' d:,':I..., anj 11 15 ci.')ne, the:n
that way Ule: resj,de,1l1c of \_'1_1m Ray t':Vlt arc' elJ....rent y L.s:nCJ t:,i~': fot
thelr walercraft w: have t':1':' ab.I''':y at led,-;t 'L",/ 'ole);,', i,'J':'
1(::;;tr1cted trow w;,ng il tot.ally, UL('e th1..'3 .!.c: dred'Jc<: a::d c,hey have
access to the gulf, they Carll::;e -- t:le n:::>--.la).:e 7.one ,";O[;'t '_otally
Limit thelr abillty. They Cof! -- -:r:\:"/',11 h,Cive a'~c,:,::;'; t::: :r:e gull,
They can use the no wake tLr()t;~lr, '..0 "t':...' quI r Clnd u",,: t:',~ I:::
watercraft. If you 1mpose trn:: now, fW! cLienls and c'tt1er f'c;idents
who use r.hcir per:;or;dl W,ltl'U'Ldt:- rlclhr rh.....r.':", they dcn't have t",he
ab1lLty to use thel.r warer,_'LJrt dny::'o:e, !'J,\-; Utc:,!fre ',c'-.n::; l.C be
stuck with hdvinCj to qo buy I.LJ1':'e:s ,:nG, vou kno.J, bas "'.1':':"'/ t:railcr
thelr watc,r~:Ldlt to ~ll()tn",'l. ~',r'-;'l, l'J~ey .sIL',Hlldn'l b,-' pdJil."CieU, YOI.!
J.;now, they bOl:qht ct:el'- home:, ~;:_"::<:i ,L"r ot moreFo,: nuy the.!..i.
h:::>m(:-s on the DdY so One ()f the" cr:Jc),/nH~'~1--=S r_I1C')'" '~:()uic:i hd\/f: ~":dS reI US(:
thel.r personal waterc:',"Jrt. GOll't -",eLk :t WGelld [II"ll ,1L'!til]"lq I,,:
put t It L:i 011 h ;) .:. (~ ,; Il r 1: the '.. t:' r':' Hll. L 1 ,'; (< 1-- '.. I' n e C\ , a I. cl '_ h (J t '" ,l V
Cl1enL.'3 l:..ke my -. L:..k.-. M1S::i hr.lsk', \'JOI,_,:j have th... ab1] L'j to :.;t1J 1
USl" thel r wdteLcra ft.
CHAIHMAN NOIIJH3: Thar,k you.
COMMI.S:HONER CONSTANTINE: I 'l,'VC a questiorl either for
M[ 6 Dllgar: or- .is the,~e _l(--~Ct=o:::-i~'?
MR, DUGAN: W"~ h.:1V'" dl.':'(Hj'll(j - e;':CCl:3C' [l!'~, cl'II"j dre
dr<::,dqLng Cldm Pass now, 1\...'c(_rd:tl(J~:: ""Ie s':-heci.ule fLorn OPCM, they
should be done there --
COMMISSIONEP. HANCOCK: i\pu~, c'.t..
MR. JUCAN: w~th::.n the 'week 0:- 'd.:L];ll1 d weeK, ;;l:'td ,:it
that tirneche:re WOlLd be dl.:,::c'r;~; . (' t:1(;- ',iL;' t,
COMMISSTONER CONS':'ANTINf,: Very 1m;;OrTdnL s.sue bC:'--;dllSC:
obviously if they do have access t,o Lhe 9'Jlf, it solve~, the pr'oblem as
far as still not needing to buy d trailer and ~o on. If ~hey don't
have access to the quJ t, then r'm :10t. s'Jre I-ihy W", would be worn..ed
about protecting the scagrass becau~e ~anatees can't qet inLO --
MR. WOOD: And, again, r haver:' '.. 'nve~t:odted -- ',"Y
client called me ahout Uu:, 1ssue Lj<:r: nlCJhL, But ] 're tcld hy my
client that the: only way :,he's cjOi:'lq to h,)vc a.ccess to t.h". gulf right
now i:; durinq the high tJde nOur",. \,}he:l t.ho": tide u, at. jt:, hi.qhest.is
the only way she can have acceS:3 to 'r:e g,11[, Othec,'Jise, sh," doesn't
r.dve access to the qulf,
_,--",,",~,_COMMISS10Nf,R HANCOCK: Fledse, ~.lst a second, There
there 5 a ot of h~story to Clam Pass, Mr. WOOd, fuld r was down there
~Ihen they began di.qgl ng last week '_ ~'copen the pas::" T:le -- YOll
know, ..~tl~_.J,cI",.il_.t=h~t._s_olll€':one whe nad ;::>o.Jqnr. :,n Seagate ca,]' t operate
t,ehl.nd thc;!ir huus,", theV h,lve to ':)pe!:aLi-' ~,ornE:-""herc e_si-', is kInd of
transrerrlnq the proh pm (rorr, c.'le 'Ore,1 te, ,,!Jethe". fl"...i-c~;,..,; in 'elndout
n f l'iHl Ila y..f c lbh..:L_~ ..!:.!~u '. , r ",' c e u 1 (r \} e,,; ::; (' i';, ~7':!:..~~.:"'{_~';(i
tor d I~t:'f:' 0... s y::!:,,~~, a r l cJ It ,V:_c~.:,':'.h a t.'1 d ',/cn t h eL~) 0 uq ...l.... du spa::; S j s
open' and clo:sed nat..uraI.ly' ove)' c-"IIIe, ',:,e ,",:lei tjme dqa':1- ,:t.\nCJ ur
-""-"cl~ent, it they have: lived there ,lc:lq en(.luqll, ::;hc,u1c k,:cw that:. 30
.' -when they bought:, rhey bought know'.ng "flat that pa;';:;. is not d
,'/,./'t . ' 'bl' .<:0- . t',' t ,'" -. ,,1" t",,~,-., tl.,m ",,-,~<.,,' h
__./'''-':1'::...-_.. n,9y~g,a'-.Ea":,s W.L~.~.." m,.ln..t f"tn'.e '-' .,,1) t .~... t n.,ULeS,IE.." "...e,N to t e
, -=gU1 r ,~o tha ti s not: t-:har19.Lllq,-X.x....-X
,~.1.'.l2~:,_?~h~._,Eart of Whd: '.ve're dcn.g h",p~ 1.S r:OI1',lstent.
wlt.h thf::' ffidnatee proU':ctlon pLa" t}~:.-.'l~ ::I~J.s bOdrc adoplc:d ir: i:lgre<:::rne'lt
,_\:{iLh the slaLe. .L[ we <:lor:'~r():';: _':, ~t:':~ :~Lill~:'.._[a;~;.ct of Unt
.plan "ndst,1.l1c"'pplie':;, rO:,t:lflq::- dll wha", v1f::";:'- C:OHH] 1S
-=cr;;;tlng~an-erdor;-:cm0!lt Issue. Ane so the p,,',::: lS ..!',,"i5 <::'EeneeJ.
pass n",eds to sta Copen fOL '.h,::t::; ...em G func+-] ()),1. ,L,:'l(; if that
-~:;::Str cl::; Vt:;':;s'efs n :,orne Wc'Y nl! ,I pr);.,:t,:,u'-:;a','i".jC~~)le pas:;, ~A~,k /~-
so .L n' t thaL when rh' <' l)Olj(.jll-r.~Eelf:;':-_... '~~n()'l ;i0
~
.sUL't: 1: r(~cu L..lOIl 0; :;':.1:: '''--:ghLs as j()......l...iC .':il\:'t'~-c.d
'~
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The
coday.
MR. WOOD:
Well, j 'm going to respectfully dlsagree with
you
COMMISSIONEH HANCOCK: 1 thougl:l you nuqbt..
MH. WOOD: --. on ~~_::ouple fr(),l2.t:> CQrru~,i:!_~ioner. Cnp..,~~.
you' r(~ right. .S_he may .,- when srI€': b(Juql:t..,~.l:t:<? [(lay .1~gJ:_ ',dve had access
'=~~_3~~~SJu l-f.:::~. t h d L t nne. '~.~;~ _EJ9.t1 t~'c~~r~';-, --1 '(;:,.)1::'" k:1 ow. ;) h e
may ri6f have haa that. It me', 11.1V(: bee:l :1clvlqab ,"~r1d r'c,t rl~lvi gable
cl.~, time has \':hanqed. 0Ut '.vhed T'rn ::,cty'ng 110':ti ]:; thdt ''':.ell :;h0 did
buy, she did h,lVC' the rlgh" t,) l.:;C "JC~>'r:'r"lt. th":ri-c _,. -r-dl t~rn""
She,I;:; dlwdYS hdd. Lllc- rlqhl to us~ l~'"::. ~,)f=~t'::::_.ll~jl ....t.Jdlf:'L\-~r,..~~.__. "-.;}--:e',s, lr~
r act, U.5 e cl i t 0 ve r r h ," reo ve : s eve L"tl y P a .:. s . T f Y Ol: L of ::: e -" l f r: h (, r' e
13 not. access to the gulf at tlus '.lffiC dLd IV)W Yf~'U cmne L2Ck and ]'0U
ban her r1ght to WH' heL wdtE2rcldl t:1ell y.)\] .:tre b,'-iS~Cc'-- 1 y t.ak1ng
away :3omething she had wher: ::;he bou<jht,
COMMISSIONER MAC'KIE: You J<:no',;, she ':ouLd wait a'deek,
becau,';c, by chp end of Lhc' ",lee}: J'.:'s:;;'.)~rlq to De (:pen aqalr:, so ],t
,;.::c:ms like we would aLl he happy nov/, '{r)ll Know, we're ,oJC:
"polo<jLze, bur..~~()r.heL nature C10:;(,<1,2.:....[. '1",'le qc:ttJ.nq ':1 open ciS fast
a,", \"fc CdII. 'It I 0: gO"itlCj-tO-DE:- 'open ~rl ,.DC);];: d v..'0ev., cino t.ber: thi.s
you know, she'll be h<:1pPY ~lg.,.LJl.
MR. WOOD: O:<"y, And, dlJd~Il, yor.: ,<now, my under:S',dr<.ling
was thdt the dredgLfI',l WdS (lC.Ll'C! to h,:: ::lon','~, ,'lnd If I'In tcl(i lhat th,:-
dredg.Lng is qoing La b... dOlle arid tlldt :-be']' ,elLI..': q().ltlq tc lIdVC: d"ce~,,';
regardless, you Know, of whe'lhc'r th", tldc" ell<: low or h19h, then
you're right, it's probably not a prob:em.
CHAIRMAN NORRIS: Thank you, >lr:. \']oud. Hz:. Dor rill, is
there anyone else?
MH. DOHHILL: He was the last or:e,
CHAIRMAN NORRIS: Okay, We'L, C_OSE' t:he publ.1.c hearing.
COMMI SS1.0NEH MATTI1EWS: T 'd 1_ (.t' :.0 ma kE' c\ ltlotl (Jr' :-.0
approve.
COMMISSIONER MAC'KIE: ~;econd,
CHAIRMAN NOHlUS: Motion and a second to approve, 1\"1
those in favor, sIgnify by saYing ave.
All oppo5e~P
t passes tlve :-0 zero.
T tern jj 12C2
RF,SOLUTION 96-191 AUO?TING THE ::;EI/L\I Y;;:,;R EVI,LUATION .n,;~D AFL'AATSI....L
HI';PORT (EA.R) ON THE COLi,] ER ::."OUlITY GFU'N:H fvLJ\,NAGEMENT PLl-\l~ INC,lJlHNG
.n,PPROVING THE TRANSMITTAL OF THE i:.:A:< TO THE SOUTHWEST FLORIDA REGIONAL
PLANNING COUNC 1 L FOR SUFFleI J:::Ney Hf:V~ F\1 F....DOP'I'ELl
OUf next item 1.5 a recomrr',endar . or', ::hat: the board ,'Otdopt
the evaluation and appraisal report:. !s anyone here on chis item?
(Hands were rdlsed in the J~dience.1
IvlP. L 1 '1':31 NG f~F : (~oorl me r Jl i. nq, r<". '~':'1,'l,crm':\!1 ,HId
Cormn.i,.,;sl.oneL's. 'l'h)C; lterll ..,.j d (UIlt r;',)at:1orl ol YOUt put':'.LC hearing oi
March lh,' ?Ilth, 1'11,,' PULl--O''''t-: ct :1',," ['.I;):.!.',' )"',,,rllICJ.LS Iu~ yeu to
r,:v'('w and adopt your ~,"ver. year ev'd'~,""dt 1,')n .)flU ,,,;..opt,ll:,,',1 L<:'[.),) 1 1 ,)nd
r<'lcommendat.ions on your 9tOwtrl Irlalld';,:t.'fllClnr, plan. '1'hl:: morn.:.[)q if.iC will
COnllrlUe With a presentdl..L."r, en ::CJm.-. :ternC:' '/UU haci T)el::',.u)!"I~'; Oll on thi"'
dralnaqe elern,,'nr and the' CCdc;':ct_ ,1:1(; ");l'; ':'1 \/':'\ 1.:.1:"11 l,'lc:m''::J.t. You also
iliJ..l_ rec.::c.lVC' you~' 1.nJ.!.ldl pt'-Sf'nt,::-] ()!!.,.' Uli the 11HUI" l'1::J use ("lemern
dnd ttlC Tmmokalee ::la",l.er p,an.
Tn the lnterilP Ci.LtlCe tn~. Ma:cL 2ijlll '1C',1ri,f'g, \-Jt:. j',av<,:
received some prelimlnary COlTmcent:s tram the Regi()r,,1~ P:anning C01..ln(':.1.1
on the proposed EAP. ard the propose:.: .r:ecol11l",endat..1.on -- t'e:coHunendations
cont.ained lher<2ir~. Copies of sla.~I"s rec()rr\l'nt:ndf~d reSrcnSl':S ha'Je been
distri.buted t.o you, and .sornp of f~j:C~3t::. :'l?sporISe$ vJJ..l.l r:.~ ~:<fJldlnc'd t.o
you by the various staff dUl1ng the~e presentation~.
I call also tel] you t:1at aL tiw C'r'~, of thes,'.
pre:,(~nL)tlons, Stdt[ Wl, 1 rC''-:OfrJne:1C: U:a'. the' bOdlCi <:,-copt t.he !::AP a:';
presented W.LLh or w:rhour !:haflqe:: 1~1':IJ(~in'J r.Le prC'v1c".S':"'j IT'vievJp.d
el~::,mt:'tlr~; and also dllec' S:,l!.t r( 1:1 '.:C,.lc'r,lt(' t:he rt::'spcn',:c,:,: :row Lhc
f<,I'C 1nto the final t:.:A!<. documt,nt th,,<' hie: tl.1iL':ter [O! :','.I_:li:_t:.ncy
n"Vlew, which \onll ac'cprl aLmost _n1l:'.,'d.,at,"]y \.ltJ0L dellV('[j' 1,0 tne' !-CPl'.
Tdso concurrentLy ;..Jl th that pLo<:e5:, t..poC) d[Jprcv,'l of the LA?, ~-;t,ct[[
vJil_ [)eq.Lll che proce;3s dlduous FIC; es,; ,_~!.. ,'otr;p;""t.!.Ilq t.,,,,, stclCU,.:S,
dnd. yses, and draftinlj 0: pr';)posed ,.~meLdrnC::IT'S :-::; tlH~ ',;ar' ous <:_,;:rnCl1l:s
01 Lh", comprehensive plan lc,':nt:i::"ed .L!: Y:::',Jr f,,lI,p,
One ocheL .JLern rh,1t: we 'will dsk ::~c !y)au.i to ar,pr.c.ve L;,
d letter from t,he Ch,-i.1Llfldn to th<=- f;P,:.)i:1L'.It1<~llt ot '>)IPlllur:.:.t',/ !\'fL~J..L~;
reql.lesl..in<] t,he ;3'::,ltur,ot Ily {.Jlov.1cled SlX ~nonLh excen,'::OI, Lo t;.:e
12 monLh requin"?mcnt. to adofJ! the 'c,I,')T'ed ~Imendrn,;nt": YD" WJ I be
di,scussing here today and .-Jruch YOJ 0' "C\1:o;:,;e<1 011 Marer, th<'::' ::::)'.:".1'1 du<:' to
t:he du~ to the complc:xitj' o[ '..1:e s~L.di'~5, the ,lnaly::;e:i, d.nc; the
extent of the amendment:, tj'lat have ;,H:,el~ p"oposE:d.1.n t.!F".:()_l.1<.'r C:OLlltL.y
EAR.
If you have no moce ql1est:ior:~ ,:n the process tn}"
COLLIER COtnlTY
BOARD O. COUNTY COMKISSIONBRS
AGENDA
Tu..day, April 9, 1996
9100 a.m.
NOTICE I ALL PERSONS WISHING TO SPJ:AlC ON ANY AGKNDA ITDf MUST
RBGISTER PRIOR TO SPJ:AXING.
REQUESTS TO ADDRESS THB BOARD ON SUBJBCTS WHICH ARB NOT
ON THIS AGBNDA MUST BB SUBMITTBD IN WRITING WITH
BXPLANATION TO THB COUNTY MANAGBR AT LEAST 13 DAYS PRIOR
TO THE DATB OF THE KBBTING AND WILL BB HEARD UNDER
.PUBLIC PBTITIONSft.
ANY PBRSON WHO DBCIDBS TO APPlUJ, A DECISION OF THIS
BOARD WILL NEED A RECORD OF THB PROCBEDINGS PERTAINING
THBRBTO, AND THBRBPORB KAY NBBD TO BNSURB THAT A
VERBATIM RECORD OF THB PROCBBDINGS IS HADB, WHICH RECORD
INCLUDBS THB TBSTIMONY AND EVIDENCE UPON WHICH THB
APPEAL IS TO BB BASBD.
ALL RBGISTBRBD PUBLIC SPBAXBRS WILL BB LIMITED TO FIVB
(5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TlJlIB IS
GRANTBD BY THB CHAIRMAN.
ASSISTBD LISTENING DEVICBS FOR THB HKARING IMPAIRBD ARB
AVAlLABLB IN THB COUNTY COXKISSIONBRS' OFFICB
LUNCH RECBSS SCHBDULED POR l~IOO NOON TO 1.00 P.M.
1. INVOCATION
2. PLBDGB OF ALLBGIANCB
3. APPROVAL OF AGENDA AND CONSBNT AGBNDA
A. Approval of consent agenda.
4. APPROVAL OP MINUTBS
March 12, 1996 - Regular meeting,
March 19, 1996 - Regular meeting.
March 20, 1996 - Special meeting.
5. PROCLAMATIONS AND SERVICB AWARDS
A. Proclamations
(1) "Special Olympics Oayft.
To be accepted by Robert
1
Approved andlor adopt
5/0
Approved andlor adopt
5/0
Approved as presented 51
Adopted 5/0
withdrawn
(1) Recommend that the Board consider alternative impact
fee for the Wyndemere Subdivision,
Added
(2) Approve a proposal for construct ion of a reclaimed
water main crossing for Davis Boulevard at Kings Way,
(Staff's request)
Added
(3) Report and recommendation on acceptance and processing
a petition from residents of Forest Lakes for landscape
improvements along Pine Ridge Road. (Staff's request)
C. PUBLIC SBRVICBS
D. SUPPORT SERVICES
B. COUNTY MANAGBR
(l) Followup regarding Tourist Development Tax funding,
9. COUNTY ATTORHBY'S REPORT
10. BOARD OF COUNTY COKNISSIONBRS
11. OTHBR CONSTITUTIONAL OFPICBRS
PUBLIC CQKMBHT ON GINBRAL TOPICS
PUBLIC HBARINGS WILL BB HEARD IMKBDIATBLY FOLLOWING STAFF ITEMS
12. ADVERTISBD PUBLIC HEARINGS - BeC
A. COHPREHIINSIVB PLAN AKBHDlII'BlfTS
B. ZONING AKBHDIIIBNTS
c. OTHBR
(1) Recommend the Board of County Commissioners approve
the Ordinance posting the Clam Bay System as an idle
speed zone.
(2) Recommendation that the Board adopt the seven year
Evaluation and Appraisal Report (EAR) on the Collier
County Growth Management Plan, including a Resolution
approving the transmittal of the EAR to the Southwest
3
Withdrawn
Approved 5/0
Staff recommendati
Approved 5/0
Requirements re Catego
"B" funds waived. 4
(Cammer, Matthews oppose
Ord, 96-16 Adopted 5/0
Res, 96-191 Adopted wit
changes 5/0
REGULAR MEETING OF APRIL 9, 1996,
Of TilE BOAFUJ OF:';.J:J~;':'Y COMMI,tiSIONEk?
LET [1' BE REMEMBEHI::D, 1:.ho.t t.he ::-Icard Df' COLlnty ''':crnmi,5S1Gne.ts in
dnd for the County of Col11er, and d.SO ~ctlng as the Board of Zoning
Appeals and ~s tht' govern'i'lg bO,'-Ld:;> ()[ sll,"h specie"l ~Ji')Lri.~t,s d',
r.ave been creat:ed d,-'~'()rdinq to la,; "lei having CCndll<:'.'Xi 1:u"ine5s
herei.n, met on Liles dau' at ~':(;4 a,In. 1:1 m:':C\JLJ'di :-;f.::;::;l::-):~ In Building
"F" of the Government Complex, East ~';aple,;, FIer Ida, wi th t:ne
followi ng members pr(~sent.:
C riA T R.}11i.N :
,Tobr; C, Norr'i.s
Bettye J. Mat:r.ews
flmothy J. C()nst~nt~ne
T~motny L. Hancock
to; d.lt!t;~ ,(1 S. >1 ,:.;.. ~_ \ ~':'1 (.
ALSO PRP.SI::NT:
W. Nt'i ~ L:orri 1_, C;-unty 'VJanaqer
MI k., M,:~I.-,.-.s, A.';::: stant. ',">H1Lty Nan,,']e.::.
LJavid i,Ii,:!gel, :'::IlLty Ar:turr:ey
ORDINANCE ~O, %. 16
PS-~'
AN ORDINANCE HELATlNG TO VESSEL CONTROL AND WATErF\
SAFETY IN TilE CLA~t DAY SYSTDI: PROVWING FOR INTENT ~.:
'lD21~ND PURPOSEj PROVIDING TITLE AND CITATION: SE1TING ~,."
A....<<>'\() <. I'll APPLlCAUILlTY; l'HOVIDI~G FOIt VESSEL SPEED ':;\::
C\ r'\
,~" ~ Id~{IL^TIONi PHOVIOING I>f.FINITIO:"iS; PIWVIOING :,;:
;; ~ ~~ PEI'f..1\LTIES; PROVIDING FOR ENFORCE~t [!'IT; PROVIDING r;:".:-
;:; \f. -<.\.~~ FOJt(."ONFLlCT AND Sr:VE/Urlfl.lTYi AND PHOVlIllNG ~l<~) cO
\~ "fo"~~~"N tf'FF..CnVf. nATE, }"'
\~ .vr- /,1
\ t';,. .:..
'''.' """? /
'-.. ('lfj t~;. 1.\-
~O
c'
1";,
::<.'
WHEREAS, Collier COUllty, pursu;ml to Secllon ,12760, Florida Statutes, hilS the legal
authorily to adopt this Ordinance to impose idle speed zones on waterways in Ihe unincorporated
areas of the County; and
WHEREAS, the Collier Coumy Manatee Protection Plan, adopted by the Collier County
Ooard ofCounlY Commissioners on May 23,1995, has identified the Clam Bay System as an idle
speed zone, :lI1d
WHEREAS, it is necessary that the speed and operation or vessels located in lhc Clam
[lay System as specified herein be controllcdll1 order to protect manatees and their habilat; and
WHEREAS, the Clam Bay System has been designated as a Natural Resource Prolci::tion
Area in Collier County; and
WHEREAS, it is in the interesl for the sarety and welfare of the canoeing public,
kayakcrs. and small boal operalors, th:1( cenain controls and regulations be enacted to reduce risk
and injury to the canoeing public, kaya~ers, and sr11J11 boat oper"tors and ensure the enjoyablity of
these natural resources by Ihe general public
NOW, THEREFORE, BE IT ORDAINED BY THE BO:\fW OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thaI
SECTION ONE: INTENT AND PURPOSE
It is the intenl and purpose of Ihis Ordinance to protect and promote the health, safety and
welfare of the public, including resldenlS and visitors to Collier County and in particular to the
Clam Bay area by providing rcasol1ab;~ regulalion to the operation of vessels as defined It is
rUr1her inlended that this ordil.3nce sin!! be Lbc~ally c;)l~strlJcd to er'Cel Stich Intent and purpose
SECTION TWO: TITLE AND elTA TlON
This Ordinance shall be known and be cited as the "Cram Oay System Water SafelY and
Vessel Control Ordinance"
SECTION THREE: APPLlDlIJIUT'r'
This Ordinance shall apply to and bc enforced on all the waters of tllC following described
Restricted Areas:
I, The Clam Bay Syslem including Upper Clam Day, Inner Clam Ray, Outer Clam
Day, and Clam Pass. The restricted areas are as specitled on the map attached hereto as "Exhibit
A."
2, Reserved,
.-
I'
. .
j....-.
N
~
:.~
)
-
--
-
SEC.TION FOUR: VESSEl. SPEEIJ REGUlA TlON
Except during an emergency or operation by an oflicial of the government while engaged
in official business, the operation of any vessel in excess of idle speed, as defined herein, in or on
any waters of tile Clam nay System is hcreby prohibit cd and is :J violation of this Ordinance. Said
prohibition is errective and enforceable provided the "no wakc. arc:J is dcsignated by regulatory
marker, signage, bUOf, or any other notice of the "no wakc. status The locations of such notices
shall be placed at the discretion of the Cour,ty Staff, All such notices posted by Ihe County are
oflicial notices of the County. It is 110 defense to a violation of this Ordinance to allege that the
Defendant did not observe notice oflhe "no wake" status of the waters of the Clam Bay System
SECTION FIVE: DEFINITIONS
For the purposes Oflhis Ordinance, the following words arc delined as follows:
A, IDLE SPEED means the minimum speed through or over the surface of the waleI'
that will allow the vessel operator 10 n1ail1tain steera!,;e of the vessel.
A OPERA TE means to be in control of the speed of a vessel trayeling over or in
water,
C. VESSEL means a Illotor propelled and/or artificially propelled boat, sailboat,
barge. airboat or oLher watercraft used or c~pable of being used as a means of transportation of
one (1) or more persons over or in the walcr, whether propelled hy wtnd, pfopeller, or forcing
Jlow of water by propeller Ot irn~ellcl. VI' otht:cwlse, Vessel does not include a canoe, kayak. or
similar small minimum wake type vessels pr;'lvided the vessel is then being propelled only by
paddle and not by motor, PUI11P, or sail "Vessel" does not include seaplane
SECTlON SIX: PENALTIES
Each violation of this Ordinance is a civil infraction, If a Citation of Violation is nol
contested and is paid in full and 0/1 lIme, tile linc shall be Fifty dollars ($5000) for lhe lirst
violation within any 5ix (6) month period, and one hundred dollars (S I 0000) for a second
violation by the same pcrson within anyone (I) year period, If the tine is not paId in full and on
time. the Court may impose a tine of up to live hundred dollars (S500,OO) plus coun costs and
any other COSls and/or fees authorized to be imposed by the Coun by Florida Statutes As an
ahernative means of enforcement, violations of Ihis Ordinance may be referred to the Collier
County Code Enforcement Board
SEC.TION SEVEN: ENFORCEMENT
The provisions of this Ordinance shall be er.forced by any member of any duly authorized
law enforcement agency or officers having enforcement jurisdiction in [oHier County, Florida,
Civil Citations may be used to nOli f)' the defendant of allegations of vioJalion5 of this Ordinance
SECTION EIGHT: CONFUCT ANDSEVERAIJIUTY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the morc restrictive ~hall apply I f any phrase or pOrlioo of thc Ordinance is held
invalid or unconstitutional by any court of competenl jurisdiction, such portion shall be deemed a
separate, distinct and independt'llt prQvi,iOIl and such holding shall not alTl.:ct the vatidlly of the
remaining ponion.
-..
SECTION NINE: INCLUSION IN THE CODE OF fAitS AND ORDINANCES.
The provisions of Ihis Ordinance shall become and be made II pan of the Code of Laws
and Ordinances ofCoJlier County, Florida, The sections orllle Ordinance may be renumbered or
reletlered 10 accomplish such, and the word "orcinance" may be changed 10 "section:' "anicle, "
or any other appropriate word
SECTION TEN: EFFECTIVE DA TE
This Ordinance shall take effect upon filing with the Secretary or State,
PASSED AND DULY ADOPTED by the Board of County Commis,ioners of Collier
County, Florida, this _2...:1 day or _~__..____, 1996
ATTEST
DWrGHTE BROCK, Clerk
6'" ~~_ ;;; /'.
./ ' - 'F
Approved as to fonn and
legal sufficiency:
~~,c.2~
Thomas C Palmer
Assistant County Attorney
rC~lnvb
( '<<d,nanc-A\~.lcr..It1y<b
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORlDA
Tnll OrTii,,(}I1C~ ti:co with the
<~r"'arv of S:o\~'S Office In'.!
".- -: ". ,.-. L'l2(
.laz..<CY '" ;...{,.t.Y-~, -
and -~r~~):"""'~ 1",.r-'1'~'r.' of Thet
( , _~ ".. d',~ 'r,,', /Lt.[;: <.Jef
1,1 ~ _-" '" j '; 9/_ ,
I \,P' U l. __""-,-I.:, '././
o .. ~Y~n"2-~.L:~:~i(~T~-
. 1
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk at: Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO, 96-16
Which was adopted by the Board of County Commissioners on the 9th day
of April, 1996, during Regular Session,
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of April, 1996.
DWIGHT E. BROCK
Clerk of Courts and ClerK...'...,.,',
Ex-officio to Board of, ,:
County Commi.ssioners
, '.
~JH""~~
By: Is/Maureen Kenyan
Deputy Cle;-k' "',
"" ~ '\ ~
).- -. ~
..,. I~ . ....... '. '
) '.
J -
.< ....-
: r ~ .:,.""
, "
U.CU'.l'IVZ ''DXXAJly
.~DQ) if'D BOaaD OF COO.".I"t COIOU..IOJrDJI .a.ntOVJI DJI OIU)IDIIC1I
~"nN DJI CL1UI >>'1 nrnx U U :mLa ...aD 101m.
~.ly.s
That the Board ot County comai..ioner. (BCC) approve the
Ordinance po.ting the Clam Bay Sy.tem a. an Idle Speed Zone.
COII.ID.....I0lr81
1. Tbe Cla. Bay Ta.k Force has a.ked .taft about the poaalbil1ty
of restricting the exc.ssive speed of personal watercratt
traveling in the CIa. Bay System.
2. The Collier County Manatee Protection Plan approved by the
BCC on Kay 23, 1995, and accepted by the State on July 25,
1995, identities the Clam Bay Syatem as an Idle Speed Zone.
J. On February 20, 1996 the ace directed the Natural ResourC"
OepartlMnt to vr i te an ordinance postinq the Clu Bay Syat..
as an Idle Speed zone (Aqenda it.. 8A(2), and to fund the
posting ot .1gns trom the General Fund.
ftOW'l'B DJD.(JDlEln' IKPACT:
An ordinance posting the Clam Bay Sy.tem .upports Pollci.. 7.2.1
and 7.2.2 at the Conservation and Coa.tal Management Il...nt of
the County Growth Management Plan.
nacAL DlPAC"l'1
Adoption ot the Ordinance viII require the County to poat aigna.
Coata ot permitting and in.tallation 1. estimated at $1500, to
coae trom the General Fund Re.erve..
...
(
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t
1lJ(~ 1V\ ~ ~
COlY-r &po~
bj ~A"ri '-a ~~~
COUNTY 'v LW 11
GROWTH MANAGEMENT PLAN
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Prepared By
Collier County Planning Services Department
Comprehensive Planning Department
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Adopted October, 1997
AMENDMENTS TO GROWTH MANAGEMENT PLAN
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Svmbol
Date Amended
May 9, 2000
May 9, 2000
May 9, 2000
October 22, 2002
June 19, 2002
December 16, 2003
October 26, 2004
January 25, 2007
Ordinance No.
Ordinance No. 2000-25
Ordinance No. 2000-26
Ordinance No. 2000-27
Ordinance No. 2002-54
***** Ordinance No. 2002-32
Ordinance No. 2003-67
Ordinance No. 2004-71
******Ordinance No. 2007-16
**
***
(I)
(II)
(III)
(IV)
(V)
(VI)
*
Indicates adopted portions
Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County
Ordinance No. 99-63, which had the effect of rescinding certain EAR-based (1996 EAR)
Objectives and policies at issue in Administration Commission Case No. ACC-99-
02 (DOAH Case No. 98-0324GM).
*** Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier
County Growth Management Plan, having the effect of rescinding certain EAR
-based (1996 EAR) objectives and policies at issue in Administration Commission Case No.
ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the
Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater
Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-
elements of the Public Facilities Element, Housing Element (Ord. No. 97-63),
Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal
Management Element (Ord. No. 97-66), and the Future Land Use Element and
Future Land Use Map (Ord. No. 97-67); and re-adopts Policy 2.2.3 of the Golden
Gate Area Master Plan.
**** Ordinance No. 99-82, amended Ordinance No. 89-05, as amended, the Collier
County Growth Management Plan, pursuant to the Final Order dated June 22,1999,
in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM).
This Ordinance was found "in compliance" by DCA, that determination was
Challenged, an Administrative Law Judge issued a Recommended Order that sided
with DCA, and DCA issued a Final Order finding the Ordinance "in compliance."
***** The above Ordinance No. 2002-32 was adopted on June 19, 2002. However, due to legal
challenges, it did not become effective until the Florida Department of Community Affairs
issued its Final Order on July 22, 2003.
****** Based on 2004 EAR, Evaluation and Appraisal Report. Also, Policy 6.1.2 revised to remove text
found Not In Compliance by DCA pertaining to Section 24 (T49S, R26E) in the North Belle Meade
Overlay.
**
Note: the support document will be updated as current information becomes available.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
(VI> I. INTRODUCTION
(VI) Subsection 163.3177 (5}(d), Florida Statutes requires all local governments within the State of
Florida to have, as part of their respective Local Government Comprehensive Plans, an
Element, dealing with "the conservation, use, and protection of natural resources in the area,
including air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils,
beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine
habitat, minerals, and other natural and environmental resources."
(VI) In 2002, the State Legislature made a change to Subsection 163.3177 (6) (d), F.S., which
requires local Conservation Elements to consider the applicable Water Management District
water supply plans or water management plans. More specifically, the Conservation Element
must "assess their current, as well as projected, water needs and sources for at least a 10-year
period."
(VI> In addition to the Conservation Element, Subsection 163.3177 (5}(g), Florida Statutes, also
requires certain designated local governments (including Collier County) to have an element of
the local comprehensive plan dealing with coastal management. This Coastal Management
Element must "set forth the policies that shall guide the local government's decisions and
program implementation with respect to the following objectives:"
1. Maintenance, restoration, and enhancement of the overall quality of the coastal zone
environment, including, but not limited to, its amenities and aesthetic values.
2. Continued existence of viable populations of all species of wildlife and marine life.
3. The orderly and balanced utilization and preservation, consistent with sound
conservation principles, of all living and n~~Ji."ing coastal zone resources.
(,0
4. Avoidance of irreversible and irretrievable loss of coastal zone resources.
~.:::
5. Ecological planning principles and assumptions to be used in the determination of
suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize development in high-hazard coastal
areas.
8. Protection of human life against the effects of natural disasters.
9. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to
facilitate deepwater commercial navigation and other related activities.
10. Preservation, including sensitive adaptive use of historic and archaeological resources.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
2
(VI) The statute further relates the functions of the Conservation and Coastal Elements so that, in
effect, local governments in designated coastal areas, such as Collier County, are required to
prepare a Conservation and Coastal Management Element, which fulfills the requirements for
both Elements. Accordingly, Collier County's Conservation and Coastal Management Element
is divided into thirteen (13) separate goal areas. These may be summarized as follows:
1. Protection of natural resources;
2. Protection of surface and estuarine water resources;
3. Protection of groundwater resources;
4. Protection of freshwater resources;
5. Protection of mineral and soil resources;
6. Protection of native vegetation and wildlife habitat;
7. Protection of fisheries and wildlife;
8. Maintenance of existing air quality;
9. Management of hazardous materials and hazardous wastes;
10. Protection of coastal resources;
11. Protection of historic resources;
12. Hurricane evacuation and sheltering; and
13. Avoiding duplication of regulations.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
3
GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION,
CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL
RESOURCES.
(VI) OBJECTIVE 1.1 :
Collier County will continue to develop and implement a comprehensive environmental
management and conservation program, which will ensure that the natural resources, including
State and Federally listed animal species, of Collier County are properly, appropriately, and
effectively identified, managed, and protected.
(VI) Policy 1.1.1:
Collier County has established and maintains an Environmental Advisory Council (EAC), which
advises and assists the appropriate County agencies, the Collier County Planning Commission
(CCPC) and the Board of County Commissioners (BCC) in implementing the County's
environmental resources management programs.
(VI) Policy 1.1.2:
Collier County has incorporated the goals, objectives and policies of this Conservation and
Coastal Management Element into the Collier County Land Development Code as the County's
standards for environmental resources protection and management. The Land Development
Code shall be revised, to reflect the adoption of new and/or revised natural resources
management and environmental protection standards and criteria.
(VI) Policy 1.1.3:
Collier County shall continue to support established environmental policies by maintaining an
appropriately administered and professionally staffed governmental unit capable of developing,
administering, and providing long-term direction for the protection and management of the
County's environmental resources.
(VI) Policy 1.1.4:
The appropriate County agencies shall continue cooperation with private natural resource
conservation and management organizations, as well as Regional, State, and Federal
environmental agencies and will work with other local governments to identify and manage
shared natural resources.
(VI) Policy 1.1.5:
Collier County shall maintain a conservation program, which attempts to equitably balance the
relationship between the benefits derived from, and the costs incurred by such a program to
both the public and private sectors.
(V)(VI) Policy 1.1.6:
In those areas of Collier County where oil extraction and related processing is an allowable use,
such use is subject to applicable state and federal oil and gas permits and Collier County non-
environmental site development plan review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be deemed satisfied upon issuance
of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as those rules exist on the effective date of this amendment to the Collier County
Comprehensive Plan, regardless of whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered satisfied by evidence of the issuance
of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
4
Collier County, so long as the state permits comply with the requirements of Chapter 62C-25
through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big
Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter
62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All access
roads to oil and gas uses shall be constructed and protected from unauthorized uses according
to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.
OBJECTIVE 1.2:
Maintain the framework for an integrated, computer-based environmental resources data
storage, analysis, and graphics system and annually update the databases based on previous
year's analytical data in order to monitor the status of the County's natural resources and
propose potential protection measures when appropriate.
Policy 1.2.1 :
As much as possible, the system will be compatible and capable of being tied into existing
geographic information and/or data management systems currently utilized by the South Florida
Water Management District, Southwest Florida Regional Planning Council, the Florida
Department of Environmental Protection, and the Florida Natural Areas Inventory.
Policy 1.2.2:
Data gathering will be coordinated with that of Federal, State and private resource management
organizations to minimize duplication of effort and enhance the quality of information.
Policy 1.2.3:
Collected and/or compiled data will be organized by established water-shed and sub-basin
units.
Policy 1.2.4:
County environmental resources data will be made available to both public and private entities
in order to promote and improve local environmental resources planning and management.
(VI) Policy 1.2.5:
Collier County's computerized environmental resources data storage, analysis and graphics
system shall share information and resources with other Federal, State, Regional, local and
private environmental management agencies and organizations and the general public. The
County shall cooperate with these other entities when updating its system in order that the
benefits of the updated system may be shared with all appropriate agencies and organizations.
_.,,- - -.------------.
(II) OBJECTIVE 1.3:
.p!.IISua'1t to Adr!1il}i~tra~.qn Commi..s~ior1.Final Order AC:c99-QQ7_c:iatedJune 2.2.J 999, Jtle
.9ount~-:rlaS'-' CO"lP!~_ted th.~_p~~sed d~.Ii!l~atrc5n~.~~~'- ga!~~ting~ ma~,.~~-rnenCgui<t~l.nes ~n~
!1l1p~I"l'l~n~tionof. th.e.J..l~tLJIal Re~.<?urce Pro~t~<?EL.Area..1NBPA).erogt~r:n. as part of tne--'
required Collier County Rural and' A~lncultural Assessment. -Througn this Assessment, --ltre
County has determined that the NRPA program is not the only mechanism to protect significant
environmental systems. Accordingly, within the Rural Lands Stewardship Area Overlay in the
Future Land Use Element, the County has delineated Stewardship Sending Areas that will
function to protect large environmental systems. _J:.l,Jr~l!cUlttQ.,..the f911()~l!).9 polic.ies, t~eCounty .
,. shall protect identifJed environmental. systems through the NRPA and Rural Lands Stewardship
programs.
....""_e:;::::-::.....
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
5
(VI) Policy 1.3.1:
The purpose of the NRPA program is to direct incompatible land uses away from significant
environmental systems that exist at a landscape scale, contain large systems of connected
wetland and upland habitats, and support a wide variety of listed species. The program will
include the following:
(V) a. Identification of the NRPAs in map formasanoverlayto th~FutureLand UseMap;____
During the Assessment for the Rural Fringe area, the <County has determined that CREW
Trust lands, Belle Meade, a portion of the Northern Belle Meade shall be identified as
NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA.
The specific boundaries have been identified as NRPAs on the Future Land Use Map.
b. A process for verifying the existence and boundaries of NRPAs during development
permit applications;
c. Guidelines and standards for development of NRPAs including conservation guidelines to
pr()t~ct. natur~I"reso~Ig~ ,,~lu_eJ:i. to. JnaJntain ,ecalo.gicaJ~._",functiQnjng...SY$t!;Il1S, and to
restore or mitigate NRPAs already degraded. ~llowE!?JgJ.pJ}ctlJoSe:L
vegetation preservation standards, developmenT standards, and listed species
protection criteria for the NRPAs are those contained in the NRPA Overlay within the
Future Land Use Element.
d. A review process, integrated into the normal development application review, to ensure
that the guidelines and standards are being met;
e. A program to defer development of NRPAs. First consideration should be fee simple
purchase (based on public referenda approving and funding purchases). Other options
should include, but not be limited to, tax incentives and transfer of development rights;
f. A program to pursue Delegation of Authority Agreements with State and Federal
Permitting agencies for local regulation of activities that may alter the biological and
physical characteristics of NRPAs;
g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal
land acquisition programs for County areas qualifying as NRPAs.
(II) Policy 1.3.2
The overall purpose and description of the Rural Stewardship program is defined in the Rural
Lands Stewardship Area (RLSA) Overlay found in the in the Future Land Use Element. A
Stewardship Credit system has been established as the primary basis for the protection of
Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention
Areas (WRAs). The RLSA Overlay also contains policies to direct incompatible land uses away
from FSAs, HSAs and WRAs in order to protect wetlands, upland habitats and listed species
within the RLSA.
(II) Policy 1.3.3:
Continue with management guidelines as defined within the County LDC that provide for the
management and conservation of the habitats, species, natural shoreline and dune systems for
the, undeveloped coastal barrier and estuarine natural resources protection area.
(II) Policy 1.3.4:
Guided by the Technical Advisory Committee, designate and adopt management guidelines and
performance standards for County natural resource protection areas. Implementation shall
occur on an annual basis as NRPAs and their implementation criteria are developed.
(II) Policy 1.3.5:
Where possible, the implementation of the NRPA program shall be coordinated with the
preparation and implementation of watershed and sub-basin management plans.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
6
(II)(III)(VI) Policy 6.2.3:
Collier County shall implement a comprehensive process to ensure wetlands and the natural
functions of wetlands are protected and conserved. This wetland preservation and conservation
process shall be coordinated with the Watershed Management Plan process, as referenced in
Objective 2.1 of this Element. However, the process outlined within this policy is primarily
based on directing concentrated population growth and intensive development away from large
interconnected wetland systems. These wetland systems have been identified based on their
type, values, functions, sizes, conditions and locations within Collier County. These systems
predominantly occur east of the County's Urban boundary, as delineated on the Countywide
Future Land Use Map (FLUM), within the Future Land Use Element (FLUE). Many of these
wetlands fall within public lands or land targeted for acquisition. High quality wetlands systems
located on private property are primarily protected through native vegetation preservation
requirements, or through existing PUD commitments, conservation easements, or Stewardship
Sending Area Designations, or via the NRPA or Sending designations within the Rural Fringe
Mixed Use District or land/easement acquisition, or innovative landowner incentives. Protection
measures for wetlands and wetland systems located within the northeastern portion of Collier
County, excluding the community of Immokalee, are contained in the Rural Lands Stewardship
Area Overlay (RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection
measures for wetlands and wetland systems located within the Urban and Estates designated
areas of the County shall be based upon the jurisdictional determinations made by the
applicable state or federal agency. Where permits issued by such state or federal agencies
allow for impacts to wetlands within Urban and Estates designated areas and require mitigation
for such impacts, the permitting agency's mitigation requirements shall be deemed to preserve
and protect wetlands and their functions, except for wetlands that are part of a Watershed
Management Plan preserve area. The County shall direct impacts away from such wetlands.
The large connected wetland systems that exist at the landscape scale in Collier County shall
be protected through various Land Use Designations and Overlays that restrict higher intensity
land uses and require specific land development standards for the remaining allowable land
uses. Collier County shall direct incompatible land uses away from these large landscape scale
wetland systems through implementation of the following protection and conservation
mechanisms:
(VI) (1) Conservation Designation
Best available data indicates that 76% of all wetlands found in Collier County are contained
within the boundaries of the Conservation Designation as depicted on the Countywide
Future Land Use Map. The overall purpose of the Conservation Designation is to conserve
and maintain the natural resources of Collier County and their associated environmental,
recreational, and economic benefits. The allowed land uses specified in the FLUE's
Conservation Designation (Reference FLUE Land Use Designation Section IV.) will
accommodate limited residential development and future non-residential development.
These limitations support Collier County's comprehensive process to direct concentrated
population growth and intensive land development away from large connected wetland
systems.
(VI) (2) Big Cypress Area of Critical State Concern Overlay (ACSC)
Best available data indicates that 74% of the County's wetlands are within the Big Cypress
Area of Critical State Concern Overlay. The land development regulations contained in the
ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide
standards that facilitate the goal of directing higher intensity land uses away from wetland
systems. The development standards for the ACSC Overlay (Reference FLUE Land Use
Designation Section V.) specify that site alterations shall be limited to 10% of the total site.
The majority of the land contained within the ACSC is also within the Conservation
Designation and thus is subject to the land use limitations of that
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25,2007
26
Land Use Designation.
(VI) (3) Natural Resource Protection Areas (NRPAs)
Major wetland systems and regional flow-ways were used as criteria to establish the NRPA
Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land
Use Designation, Section V.C. These areas include high functioning wetland systems and,
although portions of the NRPA Overlay include lands within the Conservation Designation,
represent approximately 12% of the County's wetlands, which are not located in
Conservation Lands. Based on the relatively high concentration of wetlands within NRPA
designated lands, incompatible land uses shall be directed away from these areas.
Allowable land uses within NRPAs are also subject to native vegetation retention and
preservation standards of 90%.
(VI) (4) Rural Fringe Mixed Use District Sending Lands
Best available data indicates that 16,000+ acres of wetlands are contained within
designated Sending Lands and that such wetlands constitute approximately 70% of land
cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed
Use District Sending Lands through an incentive-based Transfer of Development Rights
(TDR) Program that allows land owners within these Sending Lands to transfer their
residential density out of the Sending Lands to Rural Fringe Mixed Use District (and limited
Urban) Receiving Lands. A complete description of the TDR Program is contained in the
FLUE, Future Land Use Designation Description Section, Agricultural/Rural Designation,
Rural Fringe Mixed Use District. Incompatible land uses are also directed away from
Sending Lands through restrictions on allowable uses. Finally, allowable uses within these
lands are also subject to native vegetation retention and preservation standards of 80% to
90%, as required by Policy 6.7.1 of this Element.
(VI) (5) Flowway Stewardship Areas [re-numbered to reflect merger of Ordinance No. 2002-32
and 2002-54J
Flowway Stewardship Areas have been designated within the Rural Lands Stewardship
Area Overlay (RLSA), as depicted on the Future Land Use Map, and are shown on the
Rural Lands Study Area Natural Resource Index Map Series. Flowway Stewardship Areas
(FSAs) are for the most part privately owned wetlands that are located within the Camp
Keais Strand and Okaloacoochee Slough. These lands form the principal wetland f10wway
systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs
through the creation and transfer of Stewardship Credits. It also contains provisions that
eliminate incompatible uses from the FSAs and, which establish protection measures.
(VI) (6) Watershed Management Plans
Collier County will establish watershed management plans throughout the County, but with
particular emphasis on the Urban and Estates designated areas. These watershed
management plans shall be established in accordance with
Objective 2.1 of this Element and will include the preservation or, where feasible, creation of
landscape-scale wetland conservation areas to act as habitat, natural water quality
treatment and water quantity retention/detention areas. The County shall direct
incompatible land uses away from such large-scale wetlands.
Collier County shall allow for more intensive development to occur in Rural Fringe Receiving
Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban
Designated Areas subject to the land uses identified in the Future Land Use Element, the
Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas
account for only 6% of Collier County's wetlands. Except for tidal wetlands within the
coastal portion of the Urban Designated Area and wetlands that are part of an established
watershed management plan, the County finds that the wetland systems in these areas are
more fragmented and altered than those systems located within the Conservation Lands,
ACSC and NRPA Overlays, and Rural Fringe Sending Lands.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25,2007
(VI) On a project-specific basis, wetlands and wetland functions shall be protected through the
following mechanisms:
(1) Federal and State jurisdictional agency review and wetland permitting;
(2) Vegetation preservation policies supporting CCME Objective 6.1 ;
(3) Wetland protection policies supporting CCME Objective 6.2;
(4) Clustering provisions specified in the Rural Fringe Mixed Use District of the FLUE
(5) The protection of wetlands that are part of an established watershed management plan, as
per Objective 2.1 of this Element.
(6) Land or easement acquisition.
(7) Land owner incentives, such as transferable development rights, tax relief, or USDA grants
for restoration.
(11)( III)(VI) Policy 6.2.4:
Within the Urban Designated area, the County shall rely on the wetland jurisdictional
determinations and permit requirements issued by the applicable jurisdictional agency, except
for wetlands that are part of a Watershed Management Plan preserve area. The County shall
direct impacts away from such wetlands.
This policy shall be implemented as follows:
(1) Where permits issued by such jurisdictional agencies allow for impacts to wetlands
within this designated area and require mitigation for such impacts, this shall be deemed
to meet the objective of protection and conservation of wetlands and the natural
functions of wetlands within this area, except for wetlands that are part of a Watershed
Management Plan preserve area. The County shall direct impacts away from such
wetlands.
(2) The County shall require the appropriate jurisdictional permit prior to the issuance of a
final local development order permitting site improvements, except in the case of single-
family residences, which are not part of an approved development or are not platted,
unless the residences are within a watershed management conservation area identified
in a Watershed Management Plan developed pursuant to policies supporting Objective
2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to
the issuance of a final local development order permitting site improvements.
(3) Collier County will work with the jurisdictional agencies and applicants to encourage
mitigation to occur within targeted areas of the County including, but not limited to:
Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public
or private conservation entity; wetlands that are part of an approved watershed
management plan, as per Objective 2.1 of this Element; and other areas appropriate for
mitigation, such as flow ways and areas containing habitat for animal listed species.
(4) Within the lmmokalee Urban Designated Area, there may exist high quality wetland
systems connected to the Lake Trafford/Camp Keais Strand system. These wetlands
require greater protection measures than wetlands located in other portions of the Urban
Designated Area, and therefore the wetland protection standards set forth in Policy 6.2.5
shall apply in this area. This area is generally identified as the area designated as
Wetlands Connected To Lake Trafford/Camp Keais Strand System on the Immokalee
Future Land Use Map and is located in the southwest Immokalee Urban designated
area, connected to the Lake Trafford/Camp Keais System. Within one (1) year of the
effective date of these amendments, the County shall adopt land development
regulations to determine the process and specific circumstances when the provisions of
Policy 6.2.5 will apply.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25,2007
28
(11)(11I) (VI) Policy 6.2.5:
Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp
Keais Strand System which is contained within the Immokalee Urban Designated Area,
Collier County shall direct land uses away from higher functioning wetlands by limiting direct
impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element,
the wetland functionality assessment described in paragraph (2) below, and the final permitting
requirements of the South Florida Water Management District. A direct impact is hereby defined
as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This
policy shall be implemented as follows:
(1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this
element to preserve an appropriate amount of native vegetation on site. Wetlands shall
be preserved as part of this vegetation requirement according to the following criteria:
(V) a. The acreage requirements of Policy 6.1.2 of this element shall be met be preserving
wetlands with the highest wetland functionality scores. Wetland functionality
assessment scores shall be those described in paragraph (2) of this policy.
Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Method score of 0.7 shall be preserved on site. This policy is not
intended in all cases to require preservation of wetlands exceeding the acreage
required by Policy 6.1.2 of this element. Within one year, the County shall develop
specific criteria to be used to determine when wetlands having a WRAP score
greater than 0.65 or a
Uniform Wetland Mitigation Assessment Method score of greater than 0.7
shall be required to be retained exceeding the acreage required by Policy
6.1.2 of this element.
(V) (2) In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
Management District's Wetland Rapid Assessment Procedure (WRAP), as described in
Technical Publication Reg-001, dated September 1997, and updated August 1999, or
the Uniform Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345. The
applicant shall submit to County staff, agency accepted WRAP scores or Uniform
Wetland Mitigation Assessment Method scores. County staff shall review this
functionality assessment as part of the County's EIS provisions and shall use the results
to direct incompatible land uses away from the highest functioning wetlands according to
the requirements found in paragraph (1) above.
(3) All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of
this policy.
(4) Single family residences shall follow the requirements contained within Policy 6.2.7 of
this element.
(5) The County shall separate preserved wetlands from other land uses with appropriate
buffering requirements. The County shall require a minimum 50-foot vegetated upland
buffer adjacent to a natural water body, and for other wetlands a minimum 25-foot
vegetated upland buffer adjacent to the wetland. A structural buffer may be used in
conjunction with a vegetative buffer that would reduce the vegetative buffer width by
50%. A structural buffer shall be required adjacent to wetlands where direct impacts are
allowed. Wetland buffers shall conform to the following standards:
a. The buffer shall be measured landward from the approved jurisdictional line.
b. The buffer zone shall consist of preserved native vegetation. Where native vegetation
does not exist, native vegetation compatible with the existing soils and expected
hydrologic conditions shall be planted.
c. The buffer shall be maintained free of Category I invasive exotic plants, as defined by
the Florida Exotic Pest Plant Council.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25,2007
29
d. The following land uses are considered to be compatible with wetland functions and
are allowed within the buffer:
1. Passive recreational areas, boardwalks and recreational shelters;
2. Pervious nature trails;
3. Water management structures;
4. Mitigation areas;
5. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
e. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable
fencing.
(6) Mitigation shall be required for direct impacts to wetlands in order to result in no net loss
of wetland functions.
a. Mitigation Requirements:
1. "No net loss of wetland functions" shall mean that the wetland functional score of
the proposed mitigation equals or exceeds the wetland functional score of the
impacted wetlands. However, in no case shall the acreage proposed for
mitigation be less than the acreage being impacted.
2. Loss of storage or conveyance volume resulting from direct impacts to wetlands
shall be compensated for by providing an equal amount of storage or
conveyance capacity on site and within or adjacent to the impacted wetland.
3. Protection shall be provided for preserved or created wetland or upland
vegetative communities offered as mitigation by placing a conservation easement
over the land in perpetuity, providing for initial exotic plant removal (Class I
invasive exotic plants defined by the Florida Exotic Pest Plant Council) and
continuing exotic plant maintenance.
4. Prior to issuance of any final development order that authorizes site alteration, the
applicant shall demonstrate compliance with paragraphs (6)a.1, (6)a.2, and
(6)a.3 of this policy. If agency permits have not provided mitigation consistent
with this policy, Collier County will require mitigation exceeding that of the
jurisdictional agencies.
5. Mitigation requirements for single-family lots shall be determined by the State
and Federal agencies during their permitting process, pursuant to the
requirements of Policy 6.2.7 of this element.
b. Mitigation Incentives:
1. Collier County shall encourage certain types of mitigation by providing a variety
of incentives in the form of density bonuses and credits to open space and
vegetation retention requirements. Density bonuses shall be limited to no more
than 10% of the allowed density.
2. Preferred mitigation activities that would qualify for these incentives include, but
are not limited, to the following:
(a) Adding wetland habitat to or restoring wetland functions within Rural Fringe
Mixed Use District Sending Lands,
(b) Creating, enhancing or restoring wading bird habitat to be located near wood
stork, and/or other wading bird colonies.
3. Within one (1) year of the effective date of these amendments, Collier County
shall adopt specific criteria in the LDC to implement this incentive program, and
to identify other mitigation priorities.
(II)(III)(VI) Policy 6.2.6: Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54]
Within the Urban Designation and the Rural Fringe Mixed Use District, required wetland
preservation areas, buffer areas, and mitigation areas shall be dedicated as conservation and
common areas in the form of conservation easements and shall be identified or platted as
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
30
separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also
be depicted on the PUD Master Plan. These areas shall be maintained free from trash and
debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5)d
of this element and shall not include any other activities that are detrimental to drainage, flood
control, water conservation, erosion control or fish and wildlife habitat conservation and
preservation.
(II)(III)(VI) Policy 6.2.7:
Within the Estates Designated Area and the Rural Settlement Area, the County shall rely
on the wetland jurisdictional determinations and permit requirements issued by the applicable
jurisdictional agency, except for wetlands that are part of a Watershed Management Plan
preserve area. The County shall direct impacts away from such wetlands. This policy shall
be implemented as follows:
(1) For single-family residences within Southern Golden Gate Estates or within the Big
Cypress Area of Critical State Concern, the County shall require the appropriate federal
and state wetland-related permits before Collier County issues a building permit.
(2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State
Concern, Collier County shall inform applicants for individual single-family building
permits that federal and state wetland permits may be required prior to construction
unless the proposed residence is within a watershed management conservation area
identified in a Watershed Management Plan developed pursuant to policies supporting
Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is
required prior to the issuance of a building permit. The County shall also notify the
applicable federal and state agencies of single-family building permits applications in
these areas.
(3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County shall
incorporate certain preserved and/or created wetlands and associated uplands into the
County's approved watershed management plans, as per Objective 2.1 of this Element.
The size and location of wetlands incorporated into the watershed management plans
will be based upon the approved requirements for such plans. The County may issue
single-family building permits within or adjacent to such wetlands, subject to appropriate
mitigation requirements, which preserve the functionality of the wetland within the
applicable watershed management plan. For a proposed residence which is to be
located within a watershed management conservation area identified in a Watershed
Management Plan developed pursuant to policies supporting Objective 2.1 of this
Element, the appropriate jurisdictional permit is required prior to the issuance of a
building permit.
(4) Collier County shall continue to work with federal and state agencies to identify
properties that have a high probability of wetlands and animal listed species occurrence.
The identification process will be based on hydric soils data and other applicable criteria.
Once this identification process is complete, the County will determine if the process is
sufficiently accurate to require federal and state wetland approvals prior to the issuance
of a building permit within these areas. The County shall use information on wetland
and/or listed species occurrence to inform property owners of the potential existence of
wetlands and/or listed species on their property.
(5) Within one year after Watershed Management Plans are accepted by the Board of
County Commissioners, Collier County shall develop and implement additional means to
protect wetland systems identified in each Plan for preservation or
restoration. Means to consider include innovative landowner incentives, transferable
development rights, tax relief, land or easement acquisition, state and federal grants,
and enhanced regulations.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
31
(II) Policy 6.2.8
For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the
FLUM, wetlands shall be preserved pursuant to the RLSA Overlay policies found in the Future
Land Use Element.
(11)(11I) Policy 6.2.9 [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J
The County shall provide for adequate staff to implement the policies supporting Objective 6.2.
(II)(III)OBJECTIVE 6.3
The County shall protect and conserve submerged marine habitats.
(11)(11I) Policy 6.3.1
The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100
feet of shoreline where impacts to sea-grass beds are less than 100 square feet. When more
than 100 square feet of sea-grass beds are impacted, then no more than 10 boat slips for every
100 feet of shoreline are allowed.
(11)(11I) Policy 6.3.2
Impacts to sea-grass beds shall be minimized by locating boat docks more than 10 feet from
existing sea-grass beds. Where this is not possible, boat docks shall be sited to impact the
smallest areas of sea-grass beds possible, be no lower than 3.5 feet NGVD, have a terminal
platform no greater than 160 square feet, and have the access dock be no wider than 4 feet.
(11)(11I) Policy 6.3.3
The protection of sea-grass beds shall be a factor in establishing new, or revising existing,
speed zones to regulate boat traffic.
(11)(11I) OBJECTIVE 6.4
The County will protect, conserve and appropriately use ecological communities shared with or
tangential to State and Federal lands and other local governments.
(II)(III)(VI) Policy 6.4.2:
Collier County shall continue to coordinate with adjacent Counties when reviewing proposed
land development projects that would have an impact on ecological communities in one or more
of the adjacent Counties.
(11)(11I) (VI) Policy 6.4.3:
Collier County shall continue to coordinate with adjacent governmental jurisdictions when
making management decisions regarding ecological communities shared by
Collier County and one or more adjacent jurisdictions.
(11)(11I) OBJECTIVE 6.5: [this Objective reflects merger of Ordinance No. 2002-32 and 2002-54J
The County shall protect natural reservations from the impact of surrounding development. For
the purpose of this Objective and its related policies: natural reservations shall include only
Natural Resource Protection Areas (NRPAs) and designated Conservation Lands on the Future
Land Use Map; and, development shall include all projects except for permitting and
construction of single-family dwelling units situated on individual lots or parcels. This Objective
and its Policies shall apply only to the Rural Fringe Mixed Use district [except as noted in Policy
6.5.3].
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25,2007
32
GOAL 13: THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING
REGULATORY PROGRAMS.
OBJECTIVE 13.1:
To establish, prior tel the adoption of any land development re~ulation toil}1pl~_ment this
Element, including but not limited to NRPA. management . guidelinesandwa!e~sh~c:I.
management plans, a program to r~view suchJeSlJlitions aiu:I.,iQ~l1t!fy existir19... regulatory
programs exercised by regional, State, or-Federal agencies with jurisdiction over the activities
sought to be regulated. .
Policy 13.1.1:
There will be no unnecessary duplication of existing Regional, State, or Federal permitting
programs.
Policy 13.1.2:
The County may adopt regulations to strengthen existing permitting programs.
(VI) Policy 13.1.3:
Prior to adopting any new regulations to implement this Element, the following guidelines shall
be met:
a. The regulation fulfills an important need that is not adequately addressed by existing
Regional, State, or Federal regulations.
b. The regulation can be effectively and efficiently administered by existing County staff or by
an authorized expansion of County staff.
c. The cost to the County of implementing the regulation has been identified and considered.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
57
COLLIBR COUNTY
BOARD OF COUNTY COMMISSIONBRS
~
AGENDA
Tuesday, May 18, 1999
9:00 a.m.
NOTICE I ALL PERSONS WISHING TO SPEAIC ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAlCING. SPEAlCERS MUST REGISTER
WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD
AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE
DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS".
ANY PERSON WHO DECIDBS TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCBEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
KINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRWOMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COKMISSIONERS' OFFICE.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. Authorization to submit to DCA proposed language
developed by Staff and the Ad Hoc comprehensive Plan
Standards Committee for remedial amendments in
response to findings of non-compliance of the County's
Growth Management Plan by DCA and the Division of
Administrative Hearings.
4. Adjourn.
NOTICE OF PUBLIC MEETING
BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA
Tuesday, May 18, 1999
9:00 A.M.
"'"
Notice is hereby given that the Collier County Board of County Commissioners will meet in the
Board's Chambers on the Third Floor of the Administration Building (Building F) at the Collier
County Government Complex, Naples, Florida, to discuss the review and authorization of
proposed language developed by staff and the Ad Hoc Comprehensive Plan Standards
Committee for remedial amendments in response to findings of non-compliance of the County's
Growth Management Plan by the State of Florida Department of Community Affairs and the
Division of Administrative Hearings, at the above stated time and date.
Copies of the agenda for said meeting will be made available to the press and may be obtained at
the office of the County Administrator, same location, same period of time.
Any person who decides to appeal a decision of this Board will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: /s/ Maureen Kenyon
Deputy Clerk
Community Development & Environmental Services Division
Memorandum
From:
The Board of County Commissioners
Vincent A. Cautero, AICP, C D & ES Administrator J1d-
To:
Re:
Additional rD.rormation for May 18, 1999 Board Meeting
Date:
Wednesday, May 12, 1999
The Comprehensive Standards Ad Hoc Committee is scheduled to meet on Thursday and
Friday, May 13th and 14th, and tentatively on Monday, May 17th. . Therefore, in addition
to the information contained in the attached executive swmnary, it will be necessary for
staff to hand deliver additional information to the Board on Friday and Monday
afternoon, as well as on Tuesday morning at the Board meeting.
RECEIVED COUNTY ADMINISTRATORS OFFICE
M.ay 1 ~ 1999
ACTION
FILE
cc:
Bob Fernandez, County Administrator
Sue Filson, Bee Administrative Assistant
Bob Mulhere, AlCP, Planning,Services Director
Bill Lorenz, P.E., Natural Resources Director
J.
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76. Appendix D identifies 33 criteria to be considered in
designating NRPAs. Nearly all of the criteria involve
environmental factors. The criteria represent a comprehensive
range of environmental factors.
77. Appendix D notes that ,,'on February 28, 1995, the Board
.t:'.c"',-,__"",~_, .. =~C= ".0='0"'_' "='-;' _.~"'~ ",.0 -"-c.
of County Commissioners approved Clam Bay as a NRPA")and directed
__.=~-:::".::.:::.'-':""_ ....._~,M.O,__,......;:..
staff to begin the preparation of a management plan for Clam Bay.
Clam Bay is a wetland area within an approved development of
regional impact.
78. Clam Bay was the site of a considerable mangrove die-
off in 1992 and 1995. County staff appear to believe that there
is a problem with flushing and possibly high water levels, as
well, so the County is seeking a permit to dredge the pass.
Historically, Clam Pass was connected to Vanderbilt Pond to the
north, but land development severed this connection.
79. Clam Bay is the only NRPA that the Board of County
Commissioners has designated. DC~ contends that the data show
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that the NRPA process does not adequately protect wetlands,
wildlife, and wildlife habitat.
Intervenors likewise argue that
the NRPA is ineffective, and the County's ineffectual
implementation of the NRPA program deprives Conservation
Objective 1.3 of support from the data and analysis.
80. The issue of whether these two objectives and three
AGENDA ITEM
No. O?
MAY 1 8 1999
IDI
Pg.
policies are supported by data and analysis requires
58
consideration of their purpose and the efficacy of the programs
to be established to help attain these objectives and realize
their purpose. Conservation Objective 1.1, with its policies,
establishes the Environmental Resources Management Program, whose
purpose is to identify, manage,_ and protect "properly,
appropriately, and effectivelyll. :natural resources, including
species of special status. Conservation Objective 1.3, with its
policy, purpose is ~o protect
endangered or potentially endangered wildlife and plant life.
81. The broader scope of the Environmental Resources
Management Program is offset by its offer of only conditional
protection, as disclosed by the three quoted adverbs. The highly
conditional promise of Conservation Objective 1.1 means that this
objective and its policies do not require much in the way of
supporting data and analysis.
For this reason, DCA and
Intervenors have failed to prove that Conservation Objective 1.1
and Policies 1.1.1 and 1.1.2 are not supported by data and
analysis.
82. The focus of Conservation Objective 1.3 and Policy
1.3.1 is narrower- -limi ted to endange~=_d sp_~:=ies ~r:~__ potentially
endangered species--and its promise of protection is
unconditional. A fair definition of potentially endangered
species is threatened species and sp~cies of special concern,
.~
so
this recommended order shall use the phrase,
II
"listed spec'
II
59
AGENDA ITEM
No. 0<
MAY 1 8 1999
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APPENDIX 7
.
I
"lorned In b1 ~
fou(t A~pDy1er
FOER Dillgnostic/FC.3sibility Sludy (or MOOl"il1gs~.
Day , Co 11 i ere 0 un t y, F 1 01- i d.), 1 9 8 1 (f r om Fl)1: H , .,
1981) . ar!4t{
C(lJ.Vetl~
DIAGNOSTIC/FEASIBILITY STUDy
FOR
MOORINGS BAY
COLLIER COUNTY. FLORIDA
Januar-y 1981
/C#~l.'
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II.." Of "Cto"
Prepared by the
Water Resources Restoration and Preservation Section
Department of Environmental Regulation
Tallahassee, Florida
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SECTION V
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HECOmU:NDATTONS
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A. Recommended ^l-.!:E-l:..na~Jvcs
Recommended alternatives for improving water quality in HoorioBs
Bay can be divided into two ~jor catcgorics: (1) meAsures to decrease
the pollutant load entering the bay through voluntary citizen action or
regulation. aod (2) measures to improve the circulation and flushing of
th~ bay. Three alternatives are recommended under each category as
follows:
1. Measures to Decrease tbe Pollut.snt Load
a. Conduct public awareness campaigns about the sources
of pollution.
A campaign should be initiated to inform the public about sources
of excess nutrients and other pollutant substances which enter the bay.
It seems evident that lawn and garden debris represent one type of
"
pollutant. A voluntary committment by the citizens should be encouraged
to eliminate as many pollutants as possible which may enter the bay.
Residents should be urged to use this biodegradable debris a6 mulch or
compost 1n place of fertilizers or to place the debris 1n sealed (prefer-
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ably reusable) containers to be collected. This actton will pre.,~t the
debris from ~ashing into the bay.
Pesticides and fertilizers are other common pollutants. Residents
~hould be encouraged to use native plants when landscaping. Native
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plants are generally 'resistant to insect pests and disease and are
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adapted to the amount of ~utrient9 and ~8ter which is characteristic of
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the area. Therefore, the addition of pesticides and fertilizers and
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excessive ~atering should not be neces9ary.
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Residents ohould aloo be ....arned about the hazat-dfJ oC dumping p111nts.
oil. gnool~ne and 9imilar 8ubs(lInces directly 1nto the bay, or on the
street Bnd 1n storm drains ~hcre the substances cnter the bay indirectly.
RaW se....age entering the bay via recreational bOllts is another 8ubstBnte,
'Which ....ill degrade the bay. Boat Ing enthusiasts should be urged to
prevent raw sewage from entering the bay from their boats.
There arc numerouS ways to increase the public's awareneS6 of these
problems. Informative pamphlets could be printed at a nominal cost and
distributed with utility bills. or by other means. by the city or the
county. Public service announcements in local newspapers Bnd on local
radio and T.V. stations should also be of little cost. Technical
assistance from the state would be available, if needed, for the develop-
ment of pamphlets and public sorvice announcementS. Message6 could be
displayed 00 biLlboards, buses and similar outlets for advertising. A
"hot line" could be established to encourage public involvelllent. The
-'
"hot line" could be used by citizens ....ho wished to report incidents
which might adversely affect the ....ater quality. The line could also be
used for residents seeking guidance as to how they might help prevent
further pollution. The public awareness approach is the least costly
and potentially the most effective of all proposed alternatives.
b. Decrease excess nutrients and other pollutants.
Informing the residents about the need to prevent pesticides.
fertilizers. yard debris, sewage and similar substances fro~ entering
the bay and relying on voluntary committments to this end may be suf-
ficient. Ho....ever, local governments have the regulatory authority to
control these types of pollution. Enforcement of actions to prevent
these types of pollution is generally most efficiently handled at the
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10(:01 level. A ulo1'llo1'ium coulJ be placed on the nplollcill1lJll of Illl
fertiliz.ers 3nd pc!;tic1dc6 prior 10 heavy rnUIS, An onlJll..nncc requirinc
tlkJt .nIl yard debris not used {or COIUpost 01' mulch be placed 1n t;c.11cd
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containers and left by the road for collection could be developed LInd
adopted. Those re6idents needing collection service could be required
'to purchase sturdy bins, or the bins could be furnished by the city or
county.
c. Decrease the amount of stormwater entering the b8!.
The first two recommendations do not address the COmplex problem of
dealing with stormwater. Residents can be informed about the excess
nutrients and pollutants carried into the bay via stormwater and they
can be encouraged or required to prevent certain of these substances
from being transported via atormwater. But the residents have little
control over the large quantity of stormwater which is channeled into
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the bay. This problem must be addressed at a higher level.
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The ci ty and county are encouraged to work wi th the South\lest
Florida Regional Planning Council on the stormwater issue. The council
is 1n the process of co~piling a plao for dealing \lith stormwater problems
00 a regional basis. Interest aod ioput from the local level could be
very effective 1n mitigating the amount of pollutants which enter the
bay with the stormwater.
~
The reason that stormwater has become such a problem io this area
is that prior to 1959 the majority of the surrounding shore stored the
rainwater. The rainwater was then slowly released and was filtered
through the ground and the' mangrovee before entering the bay. No,", this
area features vast expanses of impervious streets, parking lote and
IV - 26 -
otructurC8. Rninwotcr ....hich ....aa previously clcanacd And 81o'Wly relensed
to the bay.no'W p1cka up additionAl pollutllnto from lO\.fT)R, streets and
parking 10t8 and entero the bay 1n pulses.
Because the area surrounding Moorings Bay 16 extremely developed
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there will probably be little chance of constructing detention or reten-
t10n ponds for partial treatment of the storm'Water if trc8~ment 1s deemed
necessary. An alternative that may be of benefit is the use of suitable
pervious materials to construct new streets and parking lots aod to
repair existing facilities. Costs for purchasing Bnd placing pervious
materials 16 not expected to be significantly greater than costs for
constructing streets and parking 10t8 with staodard impervious materials,
but a significant improvement in water quality could occur. More informa-
tion 19 needed to determine the precise benefits and costs of thie
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alternative.
Erosion should not be a significant problem in this area because of
the established residences. Construction sites generally present a
problem, though, and foremen should be required to take the necessary
precautions (e.g., placing staked bales of hay).
Mandating the removal of as many e~cess nutrients and other pollu-
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tants as possible is a stronger measure than merely educating the resi-
dents about the causes of pollution. However, the cost of this action
is minimal and recommendations la and Ib could readily be combined at
the local level for A more comprehensive attack on the problem.
At an additional cost to the' local governme~t9. streets and parking
lots could be swept frequently with mechanical sweepers to rp.move accurou-
lated polluting materials which ....ould otherwise be transported into the
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slOl"Ul sC'\Jers vin runoff. VIICUUlD-l\9Si6led 'bnJ9h G\Jcepcra are best Gulted
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for removing tbe very stnllll particles of ioorgl\nic nutrients, which are
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not removed by conventional 8~ecpcr8 (Sartor aod Boyd 1972). Sweepers
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could effectively reduce the amount of inorganic nutrients, organic
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material. aod man-made pollutants entering the bay, but are costly to
acquire and maintain and are energy intensive.
The limited water quality data available indicate that the level of
pollution 1n Moorings Bay may be decreasing. If a drive to reduce the
pollutant load is effective and the exchange of waters with the Gulf can
be improved. the quality of tbe water in the body of Moorings Bay should
reach an acceptable level.
2. Measures to Improve the Circulation aod Flushing
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&. Return the depth of Moorings Bay and the canals to a
more natural level.
Mitigating the pollutant load of Moorings Bay is a necessary first
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step in improving water quality but existing pollutants must then be
removed from the system. Improving the circulation aod flushing of the
bay would deal with this problem. Tbe most effective means of improving
the flushing of the bay 1s by decreasing the depth. ^ depth of five or
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six feet at mean low water (KLW) should be &ufficient to ~eet ~avig3-
4"
tional requirements but vould cause a reductioo in the volume of the. bay
to approximately one half of it8 present volume. This reduction should
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significantly increase the rate of flushing. The decreased depth vould
also result in a more effective vertical mixing, partially alleviating
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the problem of low oxygen content of deep waters.
Reducing the volume of the bay and canals by decreasing the depth
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can be accomplished 1n one of two vays. The first way would be to place
IV - 28 -
c}C'nn, uncontam1t\lltcd fill 1n the bay nnd clInals to bring the depth
within five to aix feet MLW. The amount of f111 required to produce
this effect would be enormOU6 (approximlltcly 12 x 106 or 12 million
cubic yards). Since large quantities of f111 ~terisl src not aval1ab}e
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1n the vicinity of the bay, the fill would have to be imported. . The
cost of purchasing, transporting, and placing large quantities of fill
would be extremely high. Clean fill costs approximately $3/cubic yard
in Collier County. yielding a total cost of approximately $36,000,000
.(or fill. Even if the funds could be obtained. or sufficient fill was
donated, fill of an appropriate composition and grain size would have to
be located aod the necessary permits would have to be procured.
An easier and less costly 80lution would be to simply wait for the
sedimentation process to fill in the deep areas of the bay and canals.
\.
It is difficult to estimate how long this process might take. If nO
maintenance dredging is conducted in the body of tbe bay, a gradual but
noticable improvement in flushing 1s expected because of the decreased
volume.
b. Widen the underpasses beneath the Barbour Drive and
Parkshore Drive bridges.
Increasing the cross sectional areas of the bridge underpasses
could enhance flushing of the central and northern segments of the bay
by increasing the flow of vater to and from these areas. Widening of
these un~erpas5es would also allow the waters of the three segments of
the bay to intermix more freely. This actioe would primarily benefit
the northern reaches of the bay through an increased rate of removal of
introduced nutrients and organic detritus. Widening of these under-
l,
passes would be a relatively costly undertaking, since the bridges would
IV - 29 -
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have to be dC!;ll"oyed lllld rebuilt. TIlC cost of cOllstt'uctIne L1 bl"idee
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over a body of ....ater is approxilll.1tley $36/squarc foot according to
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estimates from the Florida Oepal'tmcnt of Transpot'tat1on. ^ bridge 30
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feet ....ide and 250 fect long would cost approximatly $270,000 to construct.
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The cost for reconstructing the bridges at Harbour Drive and ParkGhore
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Drive ....ould be expected to exceed $5.000.000; ho....cver. the improved
circulation and ....ater quality which would accrue could be substantial
enough to warrant serious consideration of the corrective action.
c. Maintain exi8t~ bathymetric contours at Doctors Pass
and at bridge underpasses.
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Bathymetric measurements suggest that Doctors Pass and the bridge
underpasses are subjected to cODsiderable shoaling and Infill1n.g (MioGimer
and Associates 1980). Periodic dredging of these areas could improve
flow and. thereby, increase flushing.
This limited maintenance dredg-
ing should be relatively inexpensive. sDd should be considered. State
."
dredging permits are requIred and ~ould need to be obtained before
maintenance dredging could take place.
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B.
Alternatives Considered But Not Recommended
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Six additional alternatives were considered but are Dot recommended.
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Some of these alternatives were proposed by Hissimer and Associates
(980) ~hlle others had been regarded at the local level as options ~hich
":
might remedy the ~ater quality problem. Rejection of the alternatives
listed below is based prjmarily on the limited improvement In ~ater
~quality which would be expected, the extreme coste. and the possible
detrimental effects to other systems.
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couwunicntion). Pll1cing dprap along thc cnt1t'C shorel1nc of H00r111GO
BBY ,,",ould cost approxim3tcly S4.~)6.000 to ${~.832.000. It is doubtful
that the degree of improvClllcot 1n watcr quality would justify Guch a
large expcnditure.
If riprap could b~ acquired at 10,,", cost aod placed using city or
county equipment the cost might be reduced considerably. It is also
possible that certain areas of shoreline could be identified where the
defraction is greatest. Riprap could be placed ooly at these locations
to affect the greatest benefit for the least cost.
3. Construct an Additional Pass to the Culf
A pass could be excavated through the narrow strip of land which
separates the northern reach of the bay from the Culf. By providing an
additional route of exchange of bay water and Gulf water, flushing might
be increased, particularly 10 the northern segment of the bay. However.
.-
construction of a new pass would be very difficult to accomplish since
..
the strip of land which separates the bay from the Culf is almost
totally developed. In addition. there is an excellent possibility that
the new pass would experience continuous shoaling. The lack of adequate
undeveloped land through which a pass could be excavated and the expense
of creating and maintaining a ne~ pass makes this alternative an un-
desirable one.
~. I06ta11 Culverts to Connect the Canals
Culverts could be installed at the eastern ends of the caoa1s in an
&ttempt to increase flushing and circulation 1n the canals. While some
movement of water ,,",ould take place through the culverts, the magnitude
of exchange vould be slight because there would be little drl~lng force
IV - 31 -
1. En 1arge_t_I~~onncc5}on_B~w~~!":J:!.OOr:~n..8~B_ny~_~ O\:.t..~..r Cl am Bay'"
Considerstion was given to replacing the CflUllCWO)' at $cogate Road
with a bridge. TIle width of the connection between the two bays would
be iocreased to approximately 275 feet (Missimer and Associates 1980).
The cost of replacing the ca~eway with a bridge would be approximately
$300.000. Increased exchange of water between the two bays could enhaoce
flushing of the northern extremity of the bay. However, io order to
prevent excesGive dewatering of Clam Bay, a structure which would permit
ooly northerly flow would have to be constructed. Such a B~ructure
would limit the potential incre~se in flushing and add to the overall
costs. In addition, the.flow of water from Moorings Bay to Clam Bay
could have a significant negative impact on the water quality of Clam
r-
Bay. Activities which could significantly degrade the water quality of
.....
a Class II waterbody are stringently regulated. In view of the limited
benefits expected in terms of flushing of Mooring Bay, the possible ad-
verse consequences for Clam Bay and the sizable costs, this alternative
is not recommended.
2. Place Rlprap Along tbe Vertical Seawalls
Riprap placed against the concrete seawalls could enhance circula-
tion and flow of water. Flow defraction and the formation of eddies at
protruding seawalls would be decreased. with an ensuing increase in
circulation in the canal. Riprap would also provide a narrow zone of
shallow water babitat for organisms which inhabit the bay. The cost of
placing riprap 19 estimated to be between $70/linear foot and $90/1inear
foot. The entire shoreline within Hoorings Bay 1s approximately 64,800
linear feet (Tom McDaniels, Collier County Planning Office. personal
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to induce movement of oate' betoecn the enda of the canala. In addition,
placement af culvetta oould necessitate eKtenoive e.cavation thtough
private developed ptoperty, and could greatly inconvenience the landownero.
5. Reroute the Sto~ Se~er System
n1C storm sewer system ~hlch empties into Hoorings Bay could be
rerouted to retention or detention areas on land, or to the sanitary
sewer system ~here it ~ould enter the Naples sewage trea~ent plant.
This action ~ould almost completely eliminate the influx of pollutant
laden freohvater into the bay. The improveme.t in the water quality of
the bay which would result from this course of action could he'suhstan-
.,
tial. However, rerouting of the storm s~er system ~ould be extremely
costly and time consuming.
A detailed stormwater study was not possible ~1th the l~ted funds
'-.
available for this Phase 1 Study. Information concerni~g the type and
amount of pollutants which enter the bay via stormwater would be necessary
before large sums of money are spent to reroute the storwwater. In addi-
tion it is doubtful that a sufficient amount of undeveloped land exists
in the vicinity of the bay for the construction of retention or detention
ponds. Diversion of collected runoff to the Naples sewage treatment
plant i6 inadvisable because the increased burden would overload the
plant and the effluent from the plant i9 discharged into Naples Bay.
Increasing the load of fresh~ater and contaminants which enters the
plant could have a ~ignif1~nt negative impact on Naples Bay which i8
already polluted (Simpson et a1. 1979). Therefore, neither of these
methods of rerouting the storm sewer system 1s recommended.
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6. Remove Accumulated Scrl1mcnto
Accumulated ol"ganic mat('r1.lll 1n the tlcdlmcnls of the bay could
periodiCAlly be removed by sh.allow dredging. This would be rcla tively
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cx:pcns1vc and 1s unlikely to Mve any long-term beneficial results 1n
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terms of the water quality of the bay. During (he dredging operation,
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oxidizable sediment would be resuspended in the water column, thereby
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reducing the oxygen content of the water. This \.'QuId adversely affect
organisms inhabiting the bay. Following dredging, accumulation of
organic matter in the sediments would reBume, quickly negating the
effect of their removal. The benefits to be derived from sucb mainteQ-
ance dredging would be slight and, considering the costa and short-term
problems associated with dredging, this action is not recommended.
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7. Maintain Culverts Beneath Seagate Road
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Maintenance cleaning of the culverts beneath Seagate Road could
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increase flow through the culverts, but is unlikely to produce any
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significant beneficiAl results in terms of flushing because the exchange
of water through the culverts would still be very slight.
Such action
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is, therefore, not recommended.
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Save The Bays Association
Is a nonprofit organization
Dedicated to preserving the quaUty
and navigability of the water in the
bays inside Doctors Pass
Board of Directors
Steve Burberry
-- .----- Dave Craig ~,-- ~,----
Dudley Herndon
AI Katz
Bill Kroeschell
Will Larson
Bill Lazear
Dan Spina
Jon Staiger
Marilyn Tempest
Ed Ten Eyck
Michael Williams
Officers
Chairman Emeritus - Dan Spina
President - Marilyn Tempest
Vice- President - Ed Ten Eyck
Treasurer - Dudley Herndon
Email:
savethebavslCilaol.com
Web Site:
www.savethebavs.com
Web Site
Ed Ten Eyck is doing a
magnificent job of adding so
much information to our site! He
has pictures of all current
happenings, all of our Reports,
and has links to all city meetings
and news items for your
information. We have tide and
depth information on the site for
the boaters and fisherpersons. Our
Web Site can be found at:
www.savethebavs.com.
Check it out!
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The Save the Bays' Report
. .:.~:-~a 6 August 2008
ANNUAL MEETING
Save the Bays held its annual meeting on April 8, 2008.
Director Doug Finley had resigned and Steye Burberry was
selected as a Director. All directors \.. ere reelected. Dr. Bauer,
City Natural Resources ylanager, gaye us a report of the new
testing regulations from the State of Florida and he included
information on the water quality of Naples Bay, Moorings
Bay and Clam Bay. Director Bill Kroeschell reported from the
Mooring Bay Advisory Committee, and Councilman John Sorey
. told us about the new City fertilizer regulations.-Birector-AI
Katz gave an exhaustive report on current projects, summarized
below. The minutes of our annual meeting are on our web site
along with pictures (www.savethebays.com). If anyone wishes to
receive a paper copy of our minutes and Treasurer's report, please
contact us.
Director Bill Lazear has provided the latest depth charts of
Moorings Bay, attached below.
WHAT GOES ON HERE
As the summer progresses, we want to bring our membership
up to date on what Save The Bays has been working on to help
improve and maintain the Moorings Bay System.
Water Quality: We continue to monitor, on a quarterly basis,
in co-operation with the Conservancy, our water quality. We
measure, at five locations within the Bay and one location in the
Gulf, for things such as water clarity, oxygen levels, nitrogen,
phosphorus and the like. You can check our STB web site (http://
www.savethebays.com/) for the latest results. Also, we used to
do the same testing at four locations in Clam Bay, but our source
for boat transportation left us. Also if anyone would like to go out
while we do the regular testing in Moorings Bay, just let us know.
Oysters/Clams: This year long project will come to an end this
fall. A detailed report will be prepared by our grantee at FGCU.
So far, our grants for this project to FGCU have amounted to
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