EAC Agenda 10/06/2000 I ti
t i
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
October 6,2000
9:00 a.m.
Commission Boardroom
W. Harmon Turner Building (Building"F")—Third Floor
I. Roll Call
II, Approval of Agenda
III. Approval of September 6, 2000 Meeting Minutes
IV. Growth Management Update
V. Land Use Petitions
A. Planned Unit Development PUD-99-25
"Hammock Park Commerce Centre PUD"
Section 14, Township 50 South, Range 26 East
VI. Old Business
VII. New Business
VIII. Subcommittee Report
A. Growth Management Subcommittee
IX. Council Member Comments
X. Public Comments
XI. Adjournment
XII. Wetland Workshop— this workshop is open to the public and all are invited to attend.
Collier County staff will make a brief presentation regarding County policy and
procedures for wetland reviews. South Florida Water Management District and Army
Corps of Engineers staff will make brief presentations about their wetland permit
review procedures. Representatives of other coastal counties will present their wetland
ordinances and discuss their policies and procedures for wetland protection. The
workshop will have a closed format and will not include public comment. Public input
regarding this workshop may be presented to the Council at the November EAC
meeting_— .� _ .
f
Environmental Advisory Council Agenda
14z October 6, 2000
Page 2
Community Development and Environmental Services Division Administrative
Council Members: Notify the C y p
staff no later than 5:00 p.m. on October 2, 2000 if you cannot attend this meeting or if you have a conflict and
will abstain from voting on a particular petition(403-2370).
General Public: 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 proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
•
PLEASE NOTE THE NEXT MEETING WILL BE HELD
OCTOBER 6, 2000 (FRIDAY)
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
September 6, 2000
9:00 a.m.
Commission Boardroom
W. Harmon Turner Building (Building "F")— Third Floor
I. Roll Call
II. Approval of Agenda
III. Approval of July 12, 2000 and August 2,2000 Meeting Minutes
IV. Growth Management Update
V. Land Use Petitions
A. Preliminary Subdivision Plat PSP-2000-10/
Special Treatment Permit ST-99-3
"Little Palm Island"
Section 23, Township 48 South, Range 25 East
B. Planned Unit Development PUD-99-20
"Brynwood Preserve"
Section 18, Township 49 South, Range 26 East
C. Planned Unit Development PUD-2000-7
"Two Lakes Plaza"
Section 9, Township 48 South, Range 25 East
D. Planned Unit Development PUD-97-18(1)
"The Dunes"
Section 20, Township 48 South, Range 25 East
VI. Old Business
VH. New Business
A. EIS
VIII. Subcommittee Report
A. Growth Management Subcommittee
Environmental Advisory Council Agenda
September 6, 2000
Page 2
IX. Council Member Comments
X. Public Comments
XI. Adjournment
*********************************************************************************
Council Members:Notify the Community Development and Environmental Services Division Administrative
staff no later than 5:00 p.m. on September 1, 2000 if you cannot attend this meeting or if you have a conflict
and will abstain from voting on a particular petition(403-2370).
General Public: 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 proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
REMEMBER- THE NEXT MEETING WILL BE HELD ON OCTOBER 6, 2000
AT 9:00 A.M. IN THE COMMISSION BOARDROOM
/'•• Item V.A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF SEPTEMBER 6,2000
I. NAME OF PETITIONER/PROJECT:
Petition No.: Preliminary Subdivision Plat PSP 2000-
10/ Special Treatment ST-99-3
Petition Name: Little Palm Island
Applicant/Developer: Keystone Custom Homes
Engineering Consultant: Coastal Engineering Consultants, Inc.
Environmental Consultant: Passarella&Associates, Inc.
II. LOCATION:
The subject property is located between Colliers Reserve PUD and the Palm River
Country Club subdivision; within Section 21, Township 48 South,Range 25 East,
Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
The subject property is completely surrounded by residential/golf course
communities.
ZONING DESCRIPTION
N - RSF/GC—Imperial Golf Estates Residential and Golf
Course Community
S - RSF-3/GC—Palm River Single Family
E - RSF-3/GC—Palm River Single Family
W- PUD—Collier Tract 22 Residential and Golf
Course Community
EAC Meeting ...Sept. 6,2000
ST-99-3/PSP-2000-10
IV. PROJECT DESCRIPTION:
The applicant requests Preliminary Subdivision Plat(PSP) and Special Treatment
(ST)Development Permit approval in order to construct a residential subdivision
under the subdivision regulations.
The Land Development Code authorizes the Planning Services Director to
administratively approve PSPs. However, since this proposed development
contains land with an"ST"zoning overlay, and an Environmental Impact
Statement was required,the EAC is required to hear the petitions. The Planning
Commission and the Board of County Commissioners will also hear the ST
petition.
The petitioner previously applied for a Conditional Use for cluster housing and an
ST Development Permit on this same parcel. The EAC and the Planning
Commission forwarded the petitions to the BCC with a recommendation of
denial. Prior to the BCC hearing,the petitioner continued the petitions. The
project was redesigned to include full size RSF-3 lots (the Conditional Use
requested a reduced lot size) and to increase the size of the gopher tortoise
preserve. The density has been further reduced from 1.8 units per acre to the
proposed 1.63 units per acre.
The proposed development consists of 141 home sites on 86.67 acres for a density
of 1.63 units per acre, less than the maximum density of 3 units per acre permitted
in the RSF-3 zoning district. The project retains the required 60%open space.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject parcel is designated as Urban—Mixed Use on the Future Land Use
map of the Growth Management Plan. The Urban—Mixed Use Land Use
Designation is intended to accommodate a variety of residential and non-
residential land uses. Therefore, if the Preliminary Subdivision Plat and a Special
Treatment Development Permit are approved,the petitions shall be consistent
with the Future Land Use Element of the Growth Management Plan.
Conservation & Coastal Management Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
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EAC Meeting ..Sept. 6,2000
ST-99-3/PSP-2000-10
into estuaries shall meet all applicable federal, state, or local water quality
standards.
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge)to the estuarine system.
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
lakes and interconnected wetlands to provide water quality retention and peak
flow attenuation during storm events.
With regards to native vegetation preservation,wildlife issues and wetland issues,
the following Goals, Objectives and Policies apply:
Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally
functioning marine and fresh water wetlands, excluding transitional zone wetlands
which are addressed in Objective 6.3".
Objective 6.3 states, "A portion of the viable, naturally functioning transitional
zone wetlands shall be preserved in any new non-agricultural development unless
otherwise mitigated through the DEP and the COE permitting process and
approved by the County".
Objective 6.4, which requires the appropriate portion of native vegetation be
preserved,by providing for on site preservation of 25% of the existing native
vegetation. Objective 6.4 states, "A portion of each viable,naturally functioning
non-wetland native habitat shall be preserved or retained as appropriate".
Goal 6 of the GMP,protects the gopher tortoise population by providing the
appropriate habitat on site and off site to try to ensure the survival of the on site
tortoise population. Goal 6 states, "The County shall identify,protect, conserve
and appropriately use its native vegetation communities and wildlife habitat".
VI. MAJOR ISSUES:
Water Management:
The existing site consists of mostly undeveloped lands with some existing
development on the eastern fringe. The existing developed portion consists of
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EAC Meeting Sept.6,2000
ST-99-3/PSP-2000-10
two lakes adjacent to the Palm River community and golf course tracts. An
existing 40-foot wide canal runs along the northern boundary. The canal
functions as an outfall for the northern portion of the Palm River community. The
two existing lakes and canal will not be incorporated into the proposed
development's water management system.
The completed project will consist of 141 residential lots. The front portion of the
lots will runoff to the road via sheet flow,which drains directly to the lake system
using a catch basin and pipe network. The rear portion of the lakefront lots will
drain directly to the lakes. The rear portion of all other lots will drain into a rear
yard swale and catch basin network conveying runoff into the lake system. The
lake system will be controlled at elevation 7.0' NGVD and will discharge to the
existing canal near the northern boundary.
Environmental:
Site Description:
The project area covers 86.67 acres, and includes 68.77acres of uplands, 10 acres
of wetlands and 7.9 acres of previously created surface waters. The southwestern
one half of the site is mostly uplands and consists of a combination of habitat
types,which include pine flatwoods, scrub oak, scrubby flatwoods and previously
disturbed lands.
The uplands,particularly the oak scrub/scrubby flatwoods on site are high quality
gopher tortoise habitat as evidenced by the large number of burrows surveyed by
the consultant. A total of 165 active and inactive burrows were located within
these areas. See the gopher tortoise survey in the EIS for a map showing the
locations and classifications of all identified burrows. The listed plant species
noted during the field visits,was wild pine, also identified within the oak
scrub/scrubby flatwoods area.
Wetlands:
The subject property has a Special Treatment(ST)overlay identified on the
zoning maps as ST Parcel 23A, covering 20.21 acres. The following language is
directly from the Purpose and Intent section for ST overlays, in the Land
Development Code.
"Within Collier County there are certain areas,which because of their unique
assemblages of flora and/or fauna,their aesthetic appeal,their historical or
archaeological significance,rarity in Collier County, or their contribution to their
4
EAC Meeting Sept.6,2000
ST-99-3/PSP-2000-10
own and adjacent ecosystems,make them worthy of special regulations. Such
regulations are directed toward the conservation,protection, and preservation of
ecological and recreational values for the greatest benefit to the people of Collier
County. Such areas include,but are not necessarily limited to mangrove and
freshwater swamps,barrier islands,hardwood hammocks,xeric scrubs, coastal
beaches, estuaries, cypress domes,natural drainage ways, aquifer recharge areas
and lands and structures of historical and archaeological significance. The
purpose of this overlay district regulation is to assure the preservation and
maintenance of these environmental and cultural resources and to encourage the
preservation of the intricate ecological relationships within the systems and at the
same time permit those types of development which will hold changes to levels
determined acceptable by the Board of County Commissioners after public
hearing."
Exceptions may be granted for ST permit request where the proposed site
alteration will not require any modification,with the exception of exotic
vegetation removal, of the topography, drainage, flora or fauna on site. The
application does not qualify for that administrative review and therefore must be
presented to all three County Boards for review and approvals.
The boundary of the ST parcel on this proposed Preliminary Subdivision Plat
application covers 20.21 acres. Typically the consultant redefines the wetland
boundary that is identified as jurisdictional to Collier County and Staff
recommends removing all development impacts from that area. The consultant
and South Florida Water Management District modified the wetland line and the
current jurisdictional boundary encompasses approximately 10 acres, instead of
the originally identified 20 acres. A complete description of the wetland area is
available in the wetland section of the EIS. Staff's recommendation is to remove
or minimize impacts to the ST wetland. The petitioner is proposing to mitigate for
the impacts to the wetlands on lots 94 through 98 by providing a high quality,
gopher tortoise habitat preserve and creating two other gopher tortoise preserves.
Staff supports the owner's efforts to mitigate for the minimal impacts to the fringe
wetlands and recommends that the developer be permitted impacts to lots 94
through 98.
The petitioner has proposed compensation for the anticipated allowable impacts to
the wetlands with enhancement to the remaining 9.1 acres, and by creating gopher
tortoise habitats in the 3 acre gopher tortoise relocation area at the north end of the
property and within the .75 acre preserve at the southwest corner of the wetland.
The high quality preserve at the west property line with be enhanced and
maintained as a gopher tortoise preserve in perpetuity.
5
EAC Meeting Sept.6,2000
ST-99-3/PSP-2000-10
Preservation Requirements:
Sixty-nine and a half(69.5) acres of existing native vegetation exists on site. As
required by Collier County environmental ordinances,this project is required to
retain a minimum of 25%or 17.4 acres of native vegetation or mitigate for that
same area per Section 3.9.5.5.4 of the LDC. The plan shows 18.82 acres of native
vegetation being preserved in wetland preserves, gopher tortoise preserves and
upland native vegetation. The EIS describes 9.1 acres of wetland preserves and
9.7 acres of upland preserves that will be designated for this project.
Staffs is recommending that the petitioner be allowed minimal impacts to the
wetlands, in lieu of the fact that the site plan was redesigned to provide for the
high quality gopher tortoise preserve area, identified along the western property
line and the creation of habitat in the other two preserves. The smaller preserve
adjacent to the wetland is existing gopher tortoise habitat,which may need some
enhancement. Staff is still concerned about the acceptability of creating a gopher
tortoise preserve on the 3-acre parcel north of the canal. This land currently has
no suitable habitat for gopher tortoises and will require creating adequate habitat
prior to relocating any tortoises into this area. Maintenance of the preserves will
be the responsibility of the property owner.
Listed Species:
Two listed species were observed on site. They are gopher tortoise and common
wild pine. There were 165 active and inactive gopher tortoise burrows located
and flagged within the scrub oak/scrubby flatwoods communities on site. The
petitioner proposes to obtain an Incidental Take permit from the Florida Fish and
Wildlife Conservation Commission,which will provide funds to the State agency
for the loss of gopher tortoise habitat. Collier County must protect the species in
accordance with the Collier County Land Development Code and Collier County
Growth Management Plan, Conservation and Coastal Management Element.
They will be required to provide a Relocation/Management plan for the tortoises
they are proposing to relocate or keep in place. Approximately 17 tortoises will
be maintained within the three preserves on site. It is their proposal to enhance
these areas with appropriate herbacious plant species to serve as additional food
sources for the relocated gopher tortoise. The remaining tortoises will be
relocated in accordance with the Florida Fish and Wildlife Conservation
Commission, to the Bonness mine or quarry.
6
EAC Meeting Sept.6,2000
ST-99-3/PSP-2000-10
VII. RECOMMENDATIONS:
Staff recommends approval of Preliminary Subdivision Plat PSP-2000-10/ Special
Treatment No. 99-3, "Little Palm Island"with the following stipulations:
Water Management:
1. Water Management concerns will be reviewed at time of Site Development
Plan Submittal. This project will be permitted by South Florida Water
Management District.
Environmental:
1. This Subdivision shall be consistent with the environmental sections of the
Collier County Growth Management Plan Conservation and Coastal
Management Element and the Collier County Land Development Code at
the time of final development order approvals.
2. Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by Current Planning
Environmental Staff.
3. Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit Rules and be subject to review and
approval by Current Planning Environmental Staff. Removal of exotic
vegetation shall not be the sole mitigation for impacts to Collier County
jurisdictional wetlands.
4. Petitioner shall comply with the guidelines and recommendations of the
U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to
protected wildlife species. Where protected species are observed on site, a
Habitat Management Plan for those protected species shall be submitted to
Current Planning Environmental Staff for review and approval prior to
final site plan/construction plan approval.
5. Prior to Final Subdivision Plat approval, all gopher tortoise preserves shall
be identified on the plat with protective covenants.
6. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
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EAC Meeting Sept. 6,2000
ST-99-3/PSP-2000-10
Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3
CCLDC.
7. A Gopher tortoise relocation/management plan shall be submitted for
review and approval, prior to final Plan/Construction Plan submittal, in
accordance with Section 3.11 of the CCLDC. The approved language shall
be added to the Construction Plans. Off-site relocation may be required if
the applicant cannot provide adequate habitat for on-site relocation.
8 . An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Review Staff for
review and approval prior to final site plan/construction plan approval. A
schedule for exotic removal within all preservation areas, shall be
submitted with the above mentioned plan.
PREPARED BY:
STAN CHRZANOWSKI, P.E. DATE
SENIOR ENGINEER
BARBARA S. BURGESON 2 DATE
SENIOR ENVIRONMENTAL SPECIALIST
REVIEWED BY:
FRE Itr,SCHL, AICP DATE
SENIOR PLANNER
,_zz_,
THOMAS E. KUCK, P.E. DATE
ENGINEERING REVIEW MANAGER
8
EAC Meeting ...Sept. 6,2000
ST-99-3/PSP-2000-10
d
C(/ '
IN—S1
RONALD F. NINS, AICP DATE
CURRENT PLANNING MANAGER
i "-'Z 2 ^2-4)
ROBERT . MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES DEPARTMENT
APPROVED BY:
,'.:1--- ' 8 -02a da'
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
9
ENVIRONMENTAL ADVISORY COUNCIL
WETLAND WORKSHOP
OCTOBER 6, 2000
1. Staff introduction of workshop participants
2. Planning Services staff presentation.
A. Wetland definitions
B. Wetland goals and policies o the Growth Management Plan(GMP)
C. Wetland ordinances and Land Development Code regulations
3. Natural Resources staff presentation
A. Final Order requirements
B. Characteristics and spatial extent of wetlands in Collier County.
4. Army Corps of Engineers (COE) staff presentation
5. South Florida Water Management District(SFWMD) staff presentation
6. Florida Department of Environmental Protection staff presentation
7. Martin County staff presentation
8. St. Lucie County staff presentation
9. EAC member discussions
Note: The public may provide formal input and comments at the November EAC meeting.
. i
01i44‘
Memorandum
To: EAC Members
From: William D. Lorenz, Jr., Natural Resources Director
Date: February 4, 2000
Subject: Martin County Wetland Ordinance
Attached is the copy of the Martin County Wetland Ordinance that you requested at your last
meeting.
WDIJgmm
cc: Barbara Burgeson, ESII, PS/Current Planning
NRD File: EAC —E-10
Natural Resources Department
Community Development& Environmental Services Division
BEFORE THE BOARD OF COUNTY COMM SSIONERS
MARTIN COUNTY
ORDINANCE NUMBER 548
AN ORDINANCE ADOPTING SECTION 41, WETLANDS PROTECTION, OF ARTICLE
4, SITE DEVELOPMENT STANDARDS, OF THE MARTIN COUNTY LAND
DEVELOPMENT REGULATIONS, PROVIDING FOR A TABLE OF CONTENTS;
PURPOSE AND INTENT; GLOSSARY; APPLICABILITY; MAN-MADE WETLANDS;
DELINEATION; BASIC INFORMATION REQUIREMENTS; WETLAND AREAS OF
SPECIAL CONCERN; WETLAND BUFFERS; St:1-BACKS FOR CONSTRUCTION AND
MAINTENANCE; PRESERVE AREA MAINTENANCE NOT IMPLEMENTED THROUGH
A PRESERVE AREA MANAGEMENT PLAN; PRESERVE AREA MANAGEMENT PLAN;
DENSITY TRANSFERS; PERFORMANCE STANDARDS; WASTE DISPOSAL;
STORMWATER AND SURFACE WATER MANAGEMENT; SHORELINE PROTECTION
ZONE; SHORELINE STABILIZATION; PROHIBITION OF CANALS; PROPOSED
__ ALTERATIONS TO NATURAL FLUSHING PATTERNS AND CIRCULATION OF
ESTUARINE WATERS; SHORELINE ACCESS AND USE; WAIVERS AND
EXCEPTIONS; VIOLATIONS, CORRECTION, RESTORATION AND SET-ASIDE, AND
HEARINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners has adopted the Martin County
Comprehensive Growth Management Plan within which are included goals, objectives and policies
related to the adoption of land development regulations; and
WHEREAS, Section 1633202, Florida Statutes, requires the adoption of land
development regulations which are consistent with and implement the Comprehensive Growth
Management Plan;and
WHEREAS, the Board of County Commissioners has directed that wetland protection
• regulations be incorporated into Section 4.1 of Article 4 of the Martin County Land Development
• Regulations;and
WHEREAS, the proposed Section 4.1 of Article 4 has received public hearings before the
Local Planning Agency and the Board of County Commissioners.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MARTIN COUNTY,FLORIDA,THAT:
Page 1 of 31
II
A. Purpose and Intent.
The purpose and intent of this Section (4.1) is to protect natural wetland systems and sustain
natural wetland hydroperiods, to minimize activities that degrade, destroy or otherwise
negatively impact wetland values and functions, and where appropriate, to re-establish and
restore productive wetland systems. Further, it is the purpose and intent of this Section (4.1)
to promote ecological stability, improve water quality, prevent flooding and protect property
and environmental resources.
Wetlands serve many important hydrological and ecological values and functions. They
reduce the impact of flooding by acting as natural retention and water storage areas.
Wetlands act as groundwater recharge areas for the surficial aquifer, and protect water
supplies for environmental, urban and agricultural use. Wetlands protect ground water table
levels and help minimize damage from fires. Wetlands provide in-flows of clean water to the
rivers and estuaries through surface and groundwater connections and minimin. urban
run-off by filtering water. They provide green space and biological diversity, and serve to
cool the atmosphere. Wetlands act as productive biological systems providing habitat,
foraging and denning areas for listed, threatened and endangered species. Wetlands are
important to our community values and aesthetic appearance.
The intent of this Section (4.1) is to protect natural wetland systems. Man-made excavations
in uplands, except those that are navigable and connected to waters of the State, are not
protected by this Section (4.1). While man-made wetlands exempt under this Section (4.1)
are not protected as natural wetlands, development review shall assure that impacts to them
do not adversely affect drainage or natural systems.
B. Applicability.
All wetlands in Martin County shall be protected. No negative impacts shall be allowed
within wetlands or wetland buffers except as specifically provided for in Section 4.1.3,
Waivers and Exceptions. All development must be consistent with the wetland protection
requirements of this Section (4.1) and the Martin County Comprehensive Growth
Management Plan referenced as the Comprehensive Plan). Compliance with
these requirements must be demonstrated by the applicant prior to the issuance of any
development approval or order.
The requirements of this Section (4.1) to protect wetlands and wetland buffers shall apply to
all activities, whether urban or agricultural. A clearing permit shall be required for any
clearing in order to demonstrate compliance with this Section(4.1).
Where illegal activities in violation of the Comprehensive Plan, the Code of Laws and
Ordinances of Martin County or the Land Development Regulations (LDR)have altered any
wetland area so that all or part of the original area no longer meets the definition of a wetland
or has negatively impacted a wetland,restoration shall be required at the site of the alteration.
Restoration of buffers, habitat, and hydrology of the original wetland area shall be required.
The wetland shall be protected as a natural wetland.
Page 3 of 31
Section 41..1.2 . � . n,
' A. Man-Made Wetlands.
This policy is intended to protect natural wetlands even when impacted by man-made
excavations. This Section (4.1) is not intended to protect man-made excavations created in
uplands except those that are navigable and connected to the waters of the state.
While man-made wetlands exempt under this policy are not protected as natural wetlands,
development review shall assure that impacts to them do not adversely affect drainage or
natural systems.
In determining if a wetland which meets the definition in Section 4.1.0 above is a natural
system protected under Section 9-4.A.7 and 8 of the Comprehensive Plan and under this
Section (4.1),the following standards shall apply:
1. Only man-made wetlands clearly excavated in uplands are exempt
2. Navigable canals connected to the waters of the state, whether excavated in uplands or
wetlands, are not exempt.
3. Artificially created wetlands where there were no wetlands at the time of excavation and
where there are no wetlands adjacent to the bank top of the excavation are exempt
4. Man-made wetlands which are within or directly adjacent to natural wetlands shall be
protected as part of the natural wetland system.
5. If there is not sufficient evidence to prove that the area delineated as a wetland both was
man-made in upland soils and is not within or adjacent to a natural wetland, then the
system shall be protected as a natural wetland.
B. Delineation.
State statute and the Comprehensive Plan require wetland boundaries to be delineated in the
field according to the state unified wetland delineation methodology. (See the wetlands
definitions in Section 4.1.1.C). This delineation determines the final jurisdictional location
and extent of wetlands and shall occur prior to any alteration on the site.
All those contemplating land purchase or development are urged to consult the Martin
County Composite Wetlands Map and obtain field delineations of wetlands prior to decisions
on land use and project design. The Martin County Composite Wetlands Map is a composite
of several data sources. These sources consist of 1981 Hydric Soils data, the 1985 National
Wetlands Inventory data, Satellite Classification data (Thematic Mapper and SPOT data)
from multiple years, and Martin County environmental field data. Future field and satellite
data, as it becomes available, will be used periodically to update the composite map to reflect
the most up-to-date digitally derived wetland coverage.
Page 5 of 31
3. Arant's Creek and Swamp
4. Warner Creek
5. Hutchinson Island estuarine area
6. St.Lucie South Fork and Islands
7. Willoughby Creek
8. Manatee Creek
9. Intracoastal Waterway and adjacent marshes
10. St.Lucie South Fork headwaters
11. Myrtle Slough
12. Danforth Creek
13. Kitching Creek headwaters
14. Cypress Creek and Loxahatchee River headwaters
15. Bessey Creek
16. Mapp Creek
17. Hog Creek
18. Allapattah Slough
19. Barley Barber Swamp
20. Bluefield Wetlands
21. Boar and Myer Hammocks
22. East Creek
23. Cane Slough
24. Roebuck Creek
25. Wetlands within federal,state,regional or county designated greenways.
E. Wetland Buffers.
Wetland buffers and setbacks from wetland buffers shall be provided and maintained in
accordance with the following requirements:
Areas of native vegetation shall be preserved as buffer zones to all wetlands. Areas of the
buffer zone that are devoid of existing, natural associations of native vegetation shall be
planted with, or supplemented by, appropriate native vegetation in accordance with a
preserve area management plan approved by the Growth Management Director. Where
plantings am necessary they shall be sufficient to create a self-contained plant community
• capable of functioning as a natural habitat. Exotic vegetation shall be removed. Any native
vegetation removed or destroyed in violation of laws in effect at the time such vegetation was
removed or destroyed shall be restored pursuant to Sections 9-4.A.7.b(3) and (6) of the
-- Comprehensive Plan.
1. Buffers shall be measured landward of the boundary of the wetland, wetland vegetation,
or mangrove tree line, the mean high water line, or the ordinary high water mark,
whichever is further landward. For natural bluffs with slopes steeper than one foot
vertical to three feet horizontal, required buffers shall start at the top of the bank. See
Section 4.1.2.N for further shoreline stability requirements.
2. For natural creeks,rivers,water bodies connected to waters of the state, and waters of the
state,a wetland buffer zone with a minimum of seventy-five(75) feet shall be required.
Page 7 of 31
greens, or row crops shall be allowed within this 25 ft. setback. Existing uses can be
maintained and replaced so long as the intensity of use is not increased.
5. See Section 4.12.M below for buffer regulations in the estuarine shoreline protection
zone.
6. A supplemental vegetation planting plan for the wetland buffer zone shall be prepared
and reviewed for compliance with the following minimum standards:
a. A planting area map will be prepared showing the extent of proposed plantings
together with local soil information.
b. Construction drawings of the replanting areas showing any proposed alteration to
topographic contours.
c. A topographic map showing various elevation contours to be planted and the plant
species appropriate to each contour.
d. Description of the current hydrologic conditions affecting the replanting area and
adjacent hydrologic contributing and receiving areas.
e. Schedule and details of replanting including the type of construction and measures
to minimise impacts to the adjacent wetland buffer, water management and other
irrigation practices that will be used until the vegetation has been established.
f. Planting density shall be sufficient to provide approximately 80% vegetative
ground cover in the first year.
g. Monitoring reports detailing the progress of the supplemental planting plan will
be submitted within six months after planting. Information provided must be
adequate to determine that planted species have survived in sufficient number and
health as needed to reasonably meet cover requirements in the above. The
Environmental Monitoring Report Guidelines developed by the South Florida
Water Management District may be used as a reporting template.
h. Replanting of portions or all of the affected area will be required if the cover
requirements are not met within the first year.
F. Setbacks for Construction and Building Maintenance Activities.
Wetland buffers shall be protected from encroachment during construction and building
• maintenance-activities as follows: New construction (including fill proposed adjacent to
wetland buffer zones and upland preserve areas) shall be set back a minimum of ten(10)feet
for primary structures; setbacks for accessory structures, such as but not limited to pool
-- decks, screen enclosure and driveways shall be five (5) feet. Graded areas landward of
these required buffer protection areas shall not exceed a slope of one(1)foot vertical to four
(4) feet horizontal. All slopes shall be properly stabilized to the satisfaction of the county
engineer.
G. Preserve Area Maintenance Not Implemented Through A PAMP.
For those developed areas where a Preserve Area Management Plan(PAMP) does not exist
for the preserve areas identified in the site plan approval, the following basic preserve area
maintenance is required:
1. All exotic vegetation and trash must be removed at least annually.
Page 9 of 31
predevelopment wetland hydrologic patterns shall be restored. Artificial
shall be blocked to the extent possible without flooding existing buildings.
d. The applicant must demonstrate that the quality and quantity of inflows _
wetlands from natural drainage patterns are maintained by incorporating these areas
into the project's surface water management plan. Patterns of flow between wetlands
shall remain open. Hydrologic connections between wetlands shall be maintained.
Water quality,rate of run-off and volume of nm-off shall re-create natural conditions
for the benefit of wetlands and receiving waterways.
e. Provide buffers of appropriate native vegetation adequate to assure continuance of the
wetlands values and function. Wetlands on adjacent property shall also be protected
from adverse impacts.
f. Provide for the protection of plant and animal species that are rare, endangered,
threatened or a species of special concern as defined by the federal government, the
State of Florida, including the Florida Game and Freshwater Fish Commission
(FGFWFC), and including any species or native habitat the Treasure Coast Regional
Planning Council determines to be regionally rare, endangered or threatened with
extinction, in accordance with recommendations from applicable state and federal
agencies; and include all permitting conditions as an attachment to the PAMP. Such
recommendations, requirements and conditions for permit shall be made part of the
Preserve Area Management Plan. The Preserve Area Management Plan shall include
the protection provisions for endangered, unique or rare habitat in accordance with
the Upland Protection regulations (see Section 4.2 of the. Land Development
Regulations). For those aquatic or wetland dependent listed.animal species listed in
Figure 4.1.1 for which habitat management guidelines have-been developed by the
U.S. Fish and Wildlife Service (USFWS) or the Florida Game and Fresh Water Fish
Commission (FGFWFC), the applicant .must provide- compliance with these
guidelines and assurance that the proposed development will not adversely affect the
listed species. For those aquatic or wetland dependent listedanimal species for
which habitat management guidelines have not been developed the applicant must
propose measures to avoid and minimize impacts to habitat function.
g. Provide any additional measures deemed necessary to protect and maintain the values
and functions of the wetland area including regular monitoring and reports on
compliance.
h. Provide requirements for fines for non compliance of provisions contained within the
PAMP. .
i. Provide language that native upland or wetland vegetation within the preserve area
can be altered only in accordance with the PAMP. Preserve Areas shall not to be
altered except by way of a PAMP Amendment approved by the Board of County
Commissioners. The PAMP may provide for necessary habitat management
practices if approved by the Growth Management Director; such necessary
management shall be for the purpose of protecting, preserving and enhancing but not
altering or removing the existing native vegetation. The PAMP document and
guidelines may be modified as needed to fullfil required management obligations that
Page 11 of 31
Figure 4.1.1.
LISTED WILDLIFE SPECIES-THAT— RE AQUATIC OR WETLAND DEPENDENT AND
THAT USE UPLAND HABITATS
FOR NESTING OR DENNING
(Source: South Florida Water Management District-November 1996)
Fishes
Species of special concern
Rivulus marmorarus (mangrove rivulus;rivulus)
Reptiles
Endangered
Chelonia mydas mydas (Atlantic green turtle)
Crocodylus acutus (American crocodile)
Dermochelys coriacea(leatherback turtle;leathery turtle)
Eretmochelys imbricata imbricata(Atlantic hawksbill turtle)
Kinosternon bauri(striped mud turtle)
Threatened
Caretta caretta caretta(Atlantic loggerhead turtle)
Thamnophis sauritus sackeni (Florida(Keys)ribbon snake)
Species of special concern
"4, Alligator mississippiensis(American alligator)
Graptemys barbouri (Barbour's map turtle;Barbour's sawback turtle)
Macroclemys temmincki (alligator snapping turtle)
Birds
Endangered
Mycteria americana(wood stork)
Rostrhamus sociabilis (snail kite)
Threatened
Charadrius alexandrinus tenuirostris(southeastern snowy plover)
_ Charadrius melodus(piping plover)
Columbia leucocephalus(wing-crowned pigeon)
Grus canadensis pratensis(Florida sandhill crane)
Haliaeetns leucocephala(bald eagle)
Picoides borealis(red-cockaded woodpecker)
Polyborus plancus audubonii (Audubon's crested caracara)
Sterna antillarum(least tern)
Sterna dougallii(roseate tern)
Species of special concern
Ajaia ajaia(roseate spoonbill)
Ammodramus maritumus juncicolus (Wakulla seaside sparrow)
Page 13 of 31
' I
I. Density Transfers.
All property_owners shall have-ft right to transfer density to upland areas on any site which
contains wetlands, in accordance with the following standards. Net buildable density is the
allowable number of residential units divided by the net buildable upland area; net buildable
upland area is the gross land area less all wetlands.
1. The site shall be submitted for review as either a planned unit development or a clustered
multi-family project in one of the multi-family residential zoning districts.
2. The resulting residential density of the upland property shall be no greater than fifteen
(15) dwelling units per acre. In those instances where the density proposed is greater
than ten (10) dwelling units per acre, there shall be a minimum seventy-five (75) foot
upland transition zone around all wetlands on site.
3. The total number of units allowed in any development using this density transfer formula
shall not exceed the maximum allowed density for the entire parcel as shown on the
Future Land Use Map of the Comprehensive Growth Management Plan.
4. Density transferred shall not exceed one-half(1/2) the wetland acreage multiplied by the
gross density.
5. For parcels with wetlands that occupy fifty(50)percent or more of the total site,the gross
residential density of the upland parcel shall not exceed more than two(2)times the gross
residential density of the entire parcel.
6. The increase in net residential density created by density transfer shall not create adverse
impacts or land use incompatibility with adjacent parcels.
7. Whenever density transfers are proposed, the net buildable area of all plans shall include
a minimum fifty (50) percent permeable open space. Golf courses shall account for no
more than sixty(60)percent of the required permeable open space.
. J. Performance Standards.
The following performance standards shall be followed for all wetland areas and wetland
buffers.
1. Vegetation removal. The removal of natural vegetation from wetlands and from buffer
zones surrounding wetlands shall be governed by the following regulations:
a. Clearing or direct removal of vegetation shall not occur except in compliance with an
approved preserve area management plan or in compliance with those minimal
activities permitted for riparian usage (e.g.,docks and walkways).
b. All materials that are cleared from the wetland or buffer zone shall be removed from
the site and not piled or stored within the wetland or designated upland preserve
areas.
Page 15 of 31
4. Exotic Vegetation.
a. Exotic vegetation must be regularly removed from all preserve areas including
wetlands and wetland buffers by the least damaging means.
b. Planting of exotic vegetation or incompatible native vegetation shall not occur within
or encroach upon, the wetland area or buffer. Any proposed plantings occurring in
the wetland or buffer shall consist of native vegetation which is compatible with
existing native plant communities, soils, and climatic conditions, and must be
approved in writing by the Growth Management Director.
K. Waste disposal.
Disposal of wastes in and around wetlands and buffer zones shall be governed by the
following regulations:
1. The discharge of domestic, industrial, leachate, or agricultural wastewater containing
heavy metals, herbicides, pesticides or any other toxic substance(s) in excess of
concentrations established by State ands-Federal and County guidelines into the
waterways, wetlands or buffer zones shall be prohibited.
2. Sludge, sewage and septic systems which are adjacent to Wetlands of Special Concern
shall be setback from such wetlands in accordance with Section 4.1.2.E.4a
3. The disposal of hazardous material in designated areas shall not occur within three
hundred(300)feet of a wetland.
4. Any new solid waste disposal facility shall be subject to the wetland protection provisions
of this Section (4.1) and designed in such a manner as to have no negative effect on the
wetlands or buffer zones.
L. Stormwater and Surface Water Management.
Management of water in and around wetlands is critical to the survival of a healthy wetlands
•
system. Seasonal freshwater in-flows in appropriate volumes are critical to the health of the
estuary. There is presently excess freshwater run-off to the estuary during the rainy season
which may contribute to heavy pollutant loads, fish disease and freshwater imbalance. Dry
— season freshwater flows are currently inadequate to supply base flows for a healthy estuary.
Stormwater-and surface water management in and around wetlands and buffer zones shall be
governed by the following regulations:
1. Maintenance of wetland hydrology and water quality.
a. Direct discharge of stormwater into wetlands or buffer zones shall be prohibited.
Stormwater must be provided retention and/or detention water quality treatment prior
to being discharged into wetlands or wetland buffer zones. Stormwater retention
and/or detention basins shall be used to maintain post-development discharges at
pre-development levels.
Page 17 of 31
N. Shoreline S tabilization.
—No-new-construction-_shall-erten-ihe-stability-of the estuarine system. Decisions regarding
shoreline stabilization shall be coordinated to protect adjacent properties and to protect the
values and functions of wetlands, spoil islands and submerged lands throughout the estuary
and its tributaries.
1. Shoreline stabilization shall be accomplished by the establishment of appropriate native
wetland and/or transitional upland vegetation.
2. Hardening of the shoreline shall be allowed only when erosion is causing a significant
threat to life or property in light of the circumstances listed in subsections 5 and 6 below.
Limited exceptions will be allowed as provided in Section 4.1.3 regarding boat entry and
retrieval. Proposals for bulkheads or seawalls must prove revegetation used in
combination with rip-rap materials, pervious interlocking brick systems, filter mats and
other similar stabilization methods will fail to provide shoreline protection within the
shoreline protection zone
3. Native plant revegetation used in combination with rip-rap materials, pervious
interlocking brick systems, filter mats and other similar stabilization methods shall be
used in lieu of vertical seawalls.
4. Vertical seawalls may be allowed to stabilize or harden a shoreline only when the Martin
County Public Service Department in coordination with the Martin County Growth
Management Dapartment-determines that significant erosion exists due to hydrological
activity in the waterway and that no other protection method is suitable to the specific and
unique conditions of the site. An example would be a significantly eroding shoreline
which drops so sharply that no suitable bank exists for the placement of native plants,
rip-rap materials or other materials used in other similar stabilization methods. The lack
of any suitable alternative to the use of vertical seawalls must be field checked, reviewed
and verified by the Growth Management Department and the Public Services Department
prior to issuance of a building permit for construction of vertical seawalls.
5. The following minimum criteria shall be used by the Public Services Department in
•
coordination with the Martin County Growth Management Department to assess each
application for shoreline hardening for the determination that erosion is causing a
significant threat to life or property.
a. Increasing, destructive loss of native vegetation, which results in a documented
accelerated shoreline loss greater than one (1) foot per year, for a period of not less
than fifteen (15) consecutive years, due to wave, wake or stormwater activity (not
related to rainwater runoff from the upland portion of the property) where the
applicant has provided clear and convincing evidence that properly designed
alternatives employing the establishment of native vegetation, gently sloping or tiered
shoreline have failed to provide shoreline protection within the shoreline protection
zone. Aerial photographs over the 15 year period shall be supplied by the applicant
as available from the property appraiser. The burden of proof shall be the
responsibility of the applicant,or
Page 19 of 31
8. Native indigenous vegetation within and adjacent to the estuary, including mangrove and
upland vegetation, especially on slopes and bluffs shall be preserved. Such vegetation
contributes_to_marine-productivity_and_water_quality,__offers__ptotection-from-erosion and
flooding, and contributes to the natural soil building process. Vegetative and landscaping
requirements should emphasize the importance of planting indigenous coastal vegetation
to minimize the water usage for irrigation purposes.
•
9. In all new development, in which plats or site plans are required to be submitted, plans
shall show,and the engineer of record shall certify,that sufficient preservation area exists
to protect natural banks and prevent the necessity for future shoreline hardening. Where
banks have been previously cleared or filled and are not sufficiently stabilized then the
banks shall be re-sloped(if necessary)and revegetated with appropriate native vegetation
in order to assure that future shoreline hardening will not be necessary.
10. In all cases where shoreline hardening is allowed along the estuarine shoreline or its
direct tributaries, revegetation with native shoreline vegetation appropriate to tidal and
upland sections of the shoreline, shall be required as an integral part of the project. The
revegetation plan shall provide a minimum of twenty-five percent(25%)of the hardened
shoreline to be planted with red, white or black mangroves spaced two (2) feet on center
where technically feasible. Such vegetation shall be protected and maintained in
accordance with a preserve area management plan approved by the Martin County
Growth Management Department This requirement is intended to provide scenic
buffering along the waterway and to improve and/or maintain the biological functions of
the shoreline protection and upland transition zone.
^ 0. Prohibition of Canals.
Martin County shall prohibit construction of navigable canals. Canals have been shown to
have a variety of negative impacts on the estuary.
P. Proposed Alterations to Natural Flushing Patterns and Circulation of
Estuarine Waters.
Any proposed alteration shall not permit significant alteration of tidal flushing and circulation
• patterns by development without demonstrated proof by the applicant that such alteration will
not have a negative impact on the natural environment.
The phrase "significant alteration-of tidal flushing and circulation " is defined as an
alteration that would:
1. Reduce water quality
2. Cause erosion
3. Reduce nutrient input into estuarine system(mangrove detrital matter)
4. Cause potential for saltwater intrusion into groundwater
5. Cause siltation or shoaling
6. Prevent or restrict tidal flushing
Page 21 of 31
•
B. Waivers for access.
The provisions of this Section (4.1) may be waived for access purposes only under the
following circumstances:
1. Water access. Within the Shoreline Protection Zone defined in Section 4.1.1.C, no
development shall be permitted except to provide the property owner reasonable access to
the water. Development shall be restricted to accessways running perpendicular to the
shoreline, shall represent the minimum destruction required for access, and shall be no
greater than twelve (12) feet in width. The use of heavy equipment shall be minimized,
and there shall be no temporary filling of any wetland area or buffer zone. The owner
shall submit and upon approval implement a proposal which will minimi a damage to the
extent feasible.
a. For those properties that are designated and zoned for Marine Waterfront Commercial
use, development associated with access to the water through the shoreline protection
zone must be accomplished in a manner that is least disruptive to the environmentally
sensitive wetland communities, and generally shall not exceed a width of thirty (30)
feet. The access must be accepted by the Growth Management Department and
provide for a public benefit. Where vehicle turn-around and maneuver are needed,
the area of alteration shall likewise be limited to thirty (30) feet in width as with the
approach road, but they may be designed to be contiguous with the accessway. Said
access shall comply with all applicable State and Federal regulations. Boat entry and
retrieval facilities shall be allowed.
b. For those properties that are designated and zoned for Institutional use, and used for
public boat ramps, docking facilities, fishing piers, and related facilities providing
benefits which exceed those lost as a result of shoreline protection zone alterations, an
accessway running generally perpendicular to the shoreline shall be no greater than
one hundred fifty(1 S0) feet in width. Public use shall demonstrate the need for direct
water access in any proposal for shoreline clearing under this subsection (B.1). This
exception shall be used only to the extent necessary to provide access to the water.
• c. The Growth Management Director (or designee) shall approve a request for access
under this subsection (B.1) only after receiving a satisfactory plan of the proposed
development which shall demonstrate the need for access and shall designate the
property boundaries to scale (including the limits of the estuarine shoreline protection
zone). The plan shall also demonstrate the reason for the development and other
information as may be required by the Martin County Code of Laws and Ordinances
or the Land Development Regulations. The decision of the Growth Management
Director may be appealed to the Board of County Commissioners.
2. Access to uplands. Where the owner of the property demonstrates that encroachment of
wetlands or wetland buffers is necessary for access and no reasonable upland alternative
exists. An exception or waiver shall be granted only when appropriate environmental
agencies, including the Martin County Soil and Water Conservation District and the
Growth Management Department,certify in writing that (i) the encroachment is the least
damaging alternative,and(ii) the encroachment is the minimum encroachment capable of
. Page 23 of 31
•
•
7. The applicant has provided proof of ownership or easement over the property to be
encroached;
n
g. A plan has been approved by the Growth Management Department for the removal of
undesirable exotic vegetation as part of the restoration and/or mitigation proposed in
subparagraph 4 above;
9. The applicant has demonstrated that the construction and/or maintenance activity will
maximize the preservation of native indigenous vegetation; and
10.The utility demonstrates that, should fill be required, the minimum necessary is used to
assure reasonable access to the property or construction activity.
E. Boardwalks, Docks and Boat Ramps.
An exception from these regulations may be granted when a plan for elevated observation
boardwalks and single family residential docks,multi-slip docks,boat ramps and commercial
docks, has been designed and located in such a manner that the least amount of damage to the
wetland and wetland buffer is assured; and- the plan meets the provisions of the dock
regulations and has been approved by the Growth Management Department, as meeting all
criteria of the Coastal Management and Conservation and Open Space Elements; and been
approved by the appropriate state and federal agencies.
F. Clearing for access under this Section.
The Growth Management Director shall approve any authorized request for clearing under
this Section 4.1.3 only after receiving a satisfactory plan of the proposed development which
shall demonstrate the need for access and shall designate the boundaries to scale (including
the limits of the estuarine shoreline protection zone). The plan shall also demonstrate the
reason for the development and other information as may be required by the Martin County
Code of Laws and Ordinances, the Comprehensive Plan and the Land Development
Regulations.
The-decision of the Growth Management-Director may be appealed to the Board of County
•
Commissioners. The Board of County Commissioners may approve the subject request upon
a finding of compliance with this Section(4.1).
G. Removal of exotic vegetation.
An owner of land may impact wetlands and wetland buffers for the sole purpose of removal
of exotic vegetation only if a plan for such removal(including revegetation with appropriate
native plant material if necessary, and using methods that are the least intrusive to the
wetland and wetland buffers)has been approved by the Growth Management Director.
� I
Page 25 of 31
a. For purposes of this subsection (4.1.3.I.3), the lot of record shall be a lot in single
ownership, and contiguous lots owned or controlled by the same person or entity
which can be used for a common use shall be considered as one lot.
b. For purposes of this subsection (4.1.3.13), the hardship shall not be self-imposed,
such as by transferring contiguous property that could have been utilized.
4. Procedure for obtaining waivers under this subsection (4.1.3.1). Upon a showing that the
application of the wetland regulations in this Section (4.1) would preclude all
economically viable reasonable use, the Growth Management Director may approve a
waiver or exception provided in Section 4.13.I.1. Applications for waivers and
exceptions under Sections 4.1.3.L2 and 4.13.13 shall be decided by the Board of County
Commissioners and shall be processed in accordance with the following procedure:
a. An applicant shall file an application for waiver or exception with the Growth
Management Department on a form specified by the department. The application
shall include such materials, documents, and information as the department
requires,and shall include,among other things:
(1) The name of the present owner of the property and the name of the owner
from which the present owner took title.
(2) The date upon which the present owner took title to the property.
(3) The relationship of the present owner to prior owners if the present owner is a
successor in interest.
(4) The purchase price paid for the property, and any other investments made in
the property by the owner.
(5) The history of land zoning and land uses of the property, and the history of the
development of the property.
• (6) Proof that the lot is a lot of record for purposes of the waiver or exception
subsection relied upon by the applicant Proof may be a plat, a deed, or
another title record that demonstrates that the lot satisfies the lot of record
requirement.
(7) The record owners of all properties contiguous to the applicant's lot, and the
date the properties were last conveyed.
(8) A complete description of the use(indicating activity,scale,and intensity) that
the applicant believes is the minimum reasonable economically viable use.
b. The applicant shall include in the application a site plan showing all of the
proposed development for the lot. The applicant's plan shall show that the
applicant has considered and used flexible and innovative design techniques to
Page 27 of 31
s
2. Where illegal activities in violation of the Comprehensive Plan, the Code of Laws and
Ordinances, or the Land Development Regulations have altered any wetland area so that
all or part of the original arta no longer meets the definition of a wetland or has
negatively impacted a wetland, restoration shall be required at the site of the alteration.
Restoration of buffers, habitat, and hydrology of the original wetland area shall be
required. The wetland shall be protected as a natural wetland.
B. Hearings.
1. If the recipient of the notice of violation requests a hearing before the Code Enforcement
Board, then the provisions of subsection A above shall not apply until final action by the
Code Enforcement Board. The recipient of the notice may,at its option,proceed with the
corrective actions provided for in subsection A above before the Code Enforcement
Board acts on the notice.
2. If the matter goes to a hearing before the Code Enforcement Board upon request of the
recipient of the notice of violation or if correction has commenced but has not been
completed in accordance with subsection A, then the Code Enforcement Board shall hear
the case and issue a final decision on the notice of violation.
C. Penalties.
In addition to the foregoing, the Code Enforcement Board may assess monetary penalties
provided by law.
D. Unmitigated Violations.
Should the violation continue beyond the time specified for correction as provided above or
if the violator fails to take the corrective actions provided above within reasonable time, the
code inspector shall notify the Code Enforcement Board and request a hearing.
•
E. Repeat Violations.
If a repeat violation is found, the code inspector shall issue a notice of violation, but is not
•
required to give the violator further time to correct the violation. The code inspector shall
notify the Code Enforcement Board and request a hearing. The case may be heard by the
— Code Enforcement Board and penalties and corrective measures imposed in accordance with
this Section,even if the repeat violation has been corrected prior to the board hearing,and the
notice shall so state. .
F. Threats to Public Health, Safety and Welfare; Irreparable or Irreversible
Violations.
If the code inspector has reason to believe a violation or the condition causing the violation
presents a serious threat to the public health, safety, and welfare or if the violation is
irreparable or irreversible in nature, the code inspector shall make a reasonable effort to
notify the violator and may immediately notify the Code Enforcement Board and request a
hearing.
Page 29 of 31
•
` DULY PASSED AND ADOPTED THIS 22ND DAY OF JUNE, 1999.
• ATTEST: BO- '
1 OF COUNTY COMMISSIONERS
/ ' ' //
AI • ..• )La Al.41 --)
MARSHA STILLER, CLERK J it :
G VIM
dipit oJ,z a.dja,AdC, APPROVED AS TO FORM AND
CORRECTNESS:
:) . r
_ di
- G • K.OLDEHO
C U U r v COUNTY ATTORNEY
------ Page31 °f 31
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COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
September 18,2000
Mitchel A. Hutchcraft
Vanasse&Daylor, LLP
8270 College Parkway
Suuite 205
Ft. Myers,Florida 33919
RE: Planned Unit Development Petition No.PUD-99-25
"Hammock Park Commerce Centre PUD"
Dear Mr. Hutchcraft:
The referenced matter will be reviewed by the Environmental Advisory Council during its forthcoming
meeting scheduled for October 6,2000. The Public Hearing to consider this item and other matters will
begin at 9:00 a.m. at the Collier County Government Complex,Administration Building,Third Floor,
Commissioners' Board Room.
It is recommended that you or your appointed representative be present at this meeting to answer any
questions the Environmental Advisory Council may have regarding your request.
Attached for your information is a copy of the Environmental Advisory Council's Agenda and Staff
Report for this meeting.
If you have any questions regarding this matter,please feel free to contact me at(941)403-2400.
Very truly yours,
Stephen Lenberger
Environmental Specialist II
SL/LAO//h:\EAC letters
Attachments
cc: John B. McMullen
EAC File
PHONE(941)403-2400 FAX(941)643-6968 www.co.collier.fl.us
'A
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL-SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
September 26, 2000
M. Keen Cornell
Northshore Road
Pocono Lake Preserve, PA 18348
RE: Land Development Code Amendments
Dear Mr. Cornell:
The second cycle of the Land Development Code Amendments for the year 2000, are currently in
the review process. The Environmental Advisory Council has been scheduled to hear these items at
their Friday, October 6 meeting. We are enclosing copies of all amendments that are appropriate for
the EAC to review and would like to have them considered for comment. These will be presented
under New Business on the October 6th, 2000 agenda.
If you have questions regarding any of these amendments, please contact County staff at 403-2400,
and they will be glad to help you.
Sincerely,
i .,„
Barbara S. Burgeson, Sr. Environmental Specialist, Planning Services Department
cc: Vincent A. Cautero, AICP,Administrator
Community Development and Environmental Services Division
Michelle Arnold, Director, Code Enforcement Department
William D. Lorenz, P.E., Director, Natural Resources Department
Robert J. Mulhere,AICP, Director, Planning Services Department
George Yilmaz, Director, Pollution Control and Prevention Department
Ronald F.Nino, AICP, Current Planning Manager
Tom Kuck, PE,Engineering Review Manager
PHONE(941)403-2400 FAX(941)643-6968 www.co.collier.fl.us