EAC Agenda 07/03/1995 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
JULY 3, 1995; 9:00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--ADMINISTRATION BUILDING
I. ROLL CALL
II. APPROVAL OF MINUTES--June 5, 1996
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Preliminary Subdivision Plat Petition No. PSP-96-7
"Fakahatchee Single Family Subdivision at Port-of-the-Islands"
Sections 4 & 9, Township 52 South, Range 28 East
Collier County, Florida
VI. OLD BUSINESS
VII. NEW BUSINESS
A. Habitat Protection Standards
VIII. ADJOURNMENT
IX. WORKSHOP
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NOTES:
A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (643-8400) no
later than 5 P.M. on Monday, July 1, 1996, if you cannot attend this meeting or if you have
conflict and thus will abstain from voting on a particular petition.
B. [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 insure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
******************************************************************************
COMMUNITY DEVELOPMENT SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
MEMORANDUM
TO: EAB Members
Engineering Reviewers
Environmental Reviewers
FROM: Earlene M. Weber
Senior Secretary
DATE: June 26, 1995
RE: July 5, 1995 EAB Meeting
Please be advised the July 5, 1995 EAB meeting has been canceled.
There were no petitions ready to be placed on this agenda. The next
regularly scheduled meeting will be August 2 , 1995.
If you have any questions, please call Barbara Burgeson,
Environmental Specialist II at 643-8400.
ew/doc: 9472
cc: Robert J. Mulhere, AICP,Planning & Technical Services Manager
Thomas E. Kuck, P. E. , Engineering Review Services Manager
Sue Buck, County Manager's Office
Heidi Ashton, County Attorney's Office
Reading File
EAB Correspondence File
Item V.A.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JULY 3, 1995
I. NAME OF PETITIONER/PROJECT:
Petition No. : Preliminary Subdivision Plat Petition No.
PSP-96-7
Petition Name: Fakahatchee Single Family Subdivision at
Port-of-the-Islands
Applicant/Developer: Harbor Development, Inc.
Engineering Consultant: Hole, Montes & Associates, Inc.
Environmental Consultant: Turrell & Associates, Inc.
II. LOCATION:
The subject property is located on the west side of the Faka Union
Canal, immediately north of U. S. 41, at Port-of-the-Islands. In
general the site is located approximately twenty (20) miles
southeast of Naples in Sections 4 and 9, township 52 South, Range
28 East, Collier County, Florida.
II. DESCRIPTION OF SURROUNDING PROPERTIES:
Lands around the proposed subdivision are generally undeveloped.
Port-of-the-Islands lies immediately to the east and south of the
subject property.
ZONING DESCRIPTION
N - A-ACSC/ST Generally Undeveloped
S - RT Port-of-the-Islands
C-4 (Partially Developed)
E - CON Port-of-the-Islands
RT (Partially Developed)
W - A-ACSC/ST Generally Undeveloped
PROJECT DESCRIPTION:
The proposed project is a single family subdivision consisting of
35 five acre lots with a single access road. Impacts will be
limited to 10% of the naturally vegetated portion of the property.
Plan of Record:
Water Management:
"Fakahatchee" Single Family Resort at Port-of-the-Islands
Preliminary Subdivision Plat, prepared by Hole, Montes, &
Associates, Inc. , their project #95-43 , Sheet 3 of 4 , dated April
1996.
EAB Meeting 7/3/1996
PSP-96-7
nage 2
Environmental:
Fakahatchee Single Family Subdivision Environmental Impact
Statement prepared by Turrell and Associates, Inc. , dated May,
1996.
V. STAFF COMMENTS:
Water Management:
The site' s position - adjacent to the Faka Union Canal - makes
water quantity considerations unnecessary. There is no danger of
the runoff flooding downstream properties.
The roadside swale/retention area appears to be sized to accept the
first 2 .4 inches of runoff from the road. Driveway and front roof
runoff will decrease that retention. Side and rear roof runoff
appear to be stored in the clear area around the house pad.
Environmental:
Vegetatively the site contains hardwood swamp, pine flatwoods,
freshwater marsh, canal spoil bank and a native tree nursery.
Herbaceous vegetation in the nursery is fairly diverse and
composed mainly of wetland species. Exotic vegetation is generally
restricted to the area around the nursery, U. S. 41 and spoil bank
adjacent to the canal. A list of woody plants observed by Staff
during a recent site visit to the subject property is attached to
this staff report.
Proposed development will occur on the east side of the property
along the Faka Union Canal. This area contains both the nursery
and canal spoil bank. Most of the canal bank, north of the nursery,
is heavily vegetated and turns into a hardwood swamp as you proceed
northward. Red Maple is the dominant species on this portion of the
property.
No listed wildlife species were found by the petitioner on the
subject property. The U.S. Fish and Wildlife Service (USFWS) has
documentation of listed wildlife species within the project area.
Listed Wildlife species documented from the project area include
the Florida panther and West Indian manatee. Correspondence from
the USFWS is included in the Environmental Impact Statement (EIS) .
A review of the historical/archaeological probability maps for
Collier County indicate no archaeological or historical sites to be
located within the project area.
. RECOMMENDATIONS:
Staff recommends approval of Preliminary Subdivision Plat Petition
No. PSP-96-7, "Fakahatchee Single Family Subdivision with the
following stipulations:
EAB Meeting 7/3/1996
PSP-96-7
'nage 3
Water Management:
1. Petitioner shall obtain necessary South Florida Water Management
District (SFWMD) permits prior to site development plan or
subdivision master plan approval.
Environmental:
1. Permits or letters of exemption from the U. S. Army Corps of
Engineers (ACOE) and South Florida Water Management District
(SFWMD) shall be presented prior to final plat/construction plan
approval.
2 . 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 Review
Staff. Removal of exotic vegetation shall not be counted
towards mitigation for impacts to Collier County jurisdictional
wetlands.
3 . At the time of final plat/construction plan submittal,
petitioner shall show areas of twenty-five percent (25%)
retained native vegetation as required in Section 3 . 9 . 5. 5. 3 of
the Collier County Land Development Code.
4 . All conservation areas shall be recorded on the plat with
protective covenants per or similar to Section 704 . 06 of the
Florida Statues. Conservation areas shall be dedicated on the
plat to the project' s homeowners association or like entity for
ownership and maintenance responsibilities and to Collier County
with no responsibility for maintenance.
5. 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.
6. Petitioner shall comply with the guidelines and recommendations
of the U. S. Fish & Wildlife Service (USFWS) and Florida Game
and Fresh Water Fish Commission (FGFWFC) regarding potential
impacts to protected wildlife species.
7 . This petition is subject to a forty-five (45) day appeal period
by the Florida Department of Community Affairs.
PREPARED BY:
Stan Chrzanowski Date
Senior Engineer
EAB Meeting 7/3/1996
PSP-96-7
"age 4
///1(-1741-/ 41 '-'1A- ( /LIA
Stephen Lenberger Date
Environmental Specialist II
REVIEWED BY:
zd 4LI // /y
Thomas E Kuck, P. . Date
Engineering Review Manager
/ /k/ Z
Robert J. Mulhere, AICP Date
Current Planning Manager
EAB Meeting 7/3/1996
PSP-96-7
Page 5
Plant List from June 6, 1996 site visit.
Stephen Lenberger, Environmental Specialist
Woody Vegetation (Excluding Nursery Trees)
red maple (Acer rubrum)
live oak (Ouercus virginiana)
laurel oak (Ouercus laurifolia)
cabbage palm (Sabal palmetto)
coastal plain willow (Salix caroliniana)
wax myrtle (Myrica cerifera)
red bay (Persea sp. )
slash pine (Pinus elliottii)
cypress (Toxodium sp. )
persimmon (Diospyros virginiana)
myrsine (Myrsine floridana)
swamp dogwood (Cornus foemina)
saw palmetto (Serenoa repens)
strangler fig (Ficus aurea)
Brazilian pepper (Schinus terebinthifolius)
pond apple (Annona glabra)
salt bush (Baccharis sp. )
utton bush (Cephalanthus occidentalis)
.arleaf acacia (Acacia auriculiformis)
red mangrove (Rhizophora mangle)
E6-14-1995 E18:01PM P.01
Christine D. Straton
1441 Gulf Coast Drive
Naples, Florida 33963
435-8169
597-7127 (Fax)
Date: 6/15/95
To: Earlene Weber
From: Chris Straton
Subject: July EAB Meeting
I will be on vacation during July and will be absent from the July LAB Meeting. Please
ask Mr. Foley to chair the meeting (if we have one scheduled).
TOTAL P.01
COMMUNITY DEVELOPMENT SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
PLANNING & TECHNICAL SERVICES SECTION
MEMORANDUM
TO: Wayne Arnold, AICP, Planning Services Dept. Director
FROM: Barbara Burgeson, ES II , Planning & Technical Services Section
DATE: July 7 , 1995
RE: Hideaway Beach PUD Amendment, PUD-80-20 (5)
Staff has reviewed the Collier County Growth Management Plan
Conservation and Coastal Management Element (CCGMP, CCME) , The Collier
County Land Development Code (CCLDC) and all other materials available
to Staff related to this Amendment. Site visits were conducted on
May 11th, 1995 (to do a cursory vegetation analysis of the adjacent
sites) and June 29th, 1995 (to ground truth the 1993 vegetation line
as drawn by Tom McDaniel from the 1993 aerials) .
For this Amendment to be in compliance, the listed Codes and Policies
shall be applied to the development and the stipulations that follow
shall be incorporated into the PUD document.
Applicable codes:
CCGMP, CCME 11 . 4 . 3 " Prohibit activities which would result in man
induced shoreline erosion beyond the natural beach erosion cycle or
that would deteriorate the beach and dune system. "
CCGMP,CCME 11. 4 . 4 " Require dune stabilization and restoration
improvements in land development projects along beach areas. "
CCGMP, CCME 11. 4 . 5 " Initiate and support beach and dune restoration
and preservation programs where appropriate. "
CCGMP,CCME 11. 4 . 10 " Vehicle traffic or traffic on the beach and
primary dunes shall be prohibited except for emergency and approved
maintenance purposes. The County shall enforce this requirement with
the existing Vehicle On The Beach Ordinance. "
CCLDC 3 . 10 SEA TURTLE PROTECTION
CCLDC 3 . 10 . 3 New Development Standards for construction of single
family or Multi-family dwellings within 300 feet of the line of mean
high water. (3 . 10. 3 . 1 . THRU 3 . 10 . 3 . 7)
CCLDC 3 . 10 . 4 Existing Development Standards (3 . 10 . 4 . 1 THRU 3 . 10.4 .4)
CCLDC 3 . 10 . 7 Construction During Sea Turtle Nesting Season (3 . 10. 7 . 1
THRU 3 . 10 . 7 . 2)
CCLDC 3 . 10 . 9 Permits and Fees (3 . 10 . 9 . 1 THRU 3 . 10 . 9 . 3)
CCLDC 3 . 10. 10 Penalties.
CCLDC 3 . 12 COASTAL ZONE MANAGEMENT
CCLDC 3 . 12 . 5. 4 . 2 "All beachfront land development projects shall be
required to revegetate the dune where the dune is devoid of coastal
dune vegetation. "
CCLDC 3 . 12 . 5. 4 . 4 "Appropriate coastal dune or strand vegetation
shall be required as the only stabilizing medium in any coastal
barrier dune or strand vegetation restoration program. "
CCLDC 3 . 14 VEHICLE ON THE BEACH REGULATIONS
CCLDC 3 . 14 . 2 Unlawful to drive on sand dunes or beach or to disturb
sand dune. (3 . 14 . 2 (1) and 3 . 14 . 2 (2) ) .
CCLDC 3 . 14 . 3 Exceptions; permit. (3 . 14 . 3 . 1 THRU 3 . 14 . 3 . 3)
CCLDC 3 . 14 . 4 "Permit for construction. Prior to beginning
construction in proximity to a sand dune for any purpose whatsoever,
including conservation, a temporary protective fence shall be
installed a minimum of ten feet landward of the dune. It shall be
unlawful to cause or allow construction and related activity seaward
of such fence. Each permit for work shall clearly indicate the
provisions of this code and the protective measures to be taken and
shall be subject to the provisions of section 3 . 14 . 6 of this
division. "
CCLDC 3 . 14 . 6 Operation of vehicles on the beach during sea turtle
nesting season. (3 . 14 . 6. 1)
Staff made the following conclusions during a site visit on June 29:
The environmental staff supports a setback of approximately forty
feet on lots 15 , 16 & 17 in Block 1. This would preserve a twenty
foot swath of native vegetation at the rear of each of these lots and
would be consistent with the vast majority of homes already
constructed. For these lots a 50 foot setback would be consistent
with CCGMP/CCME 11. 4 . 3 , 11 . 4 . 4 and 11 . 4 . 5 and with CCLDC 3 . 12 . 5. 4 . 2
and 3 . 12 . 5 . 4 . 4 . A 20/30 setback would be inconsistent with these
policies and codes. On the remainder of the lots in Block 1, the
Clubhouse site and lots 1 through 7 in Block 2 , Staff supports the
more landward of either the '78 Building Control Line or the proposed
20ft/30ft setback line as this would adequately address the
CCGMP/CCME policies and CCLDC codes and would be consistent. For
lots 8 through 12 of Block 2 the following is proposed. Due to the
enormous erosion problem that has affected these properties over the
past twenty years Staff proposes that each lot be addressed
individually at the time of building permit submittal. The
appropriate setback from mean high water shall be determined at that
time. Each property shall be required to revegetate the dune where
it is devoid of dune vegetation therefor these lots shall plant
approximately twenty feet of dune or strand vegetation between mean
high water and the most seaward edge of the building (principal or
accessory structure) . These requirements would be consistent with
CCGMP/CCME 11. 4 . 4 and 11 . 4 . 5 and with CCLDC 3 . 12 . 5 .4 . 2 and
3 . 12 . 5 . 4 . 4 .
Staff recommends the following stipulation be added to the PUD
document:
1. The PUD shall be in compliance with the Collier County Growth
Management Plan Conservation and Coastal Management Element (special
attention to Objective 11. 4) and the Collier County Land Development
Code (special attention to Divisions 3 . 10, 3 . 12 and 3 . 14) prior to
final development order approvals.
2 . Lots 14 , 15, 16 & 17 of Block 1 shall have a 50 foot setback from
the Erosion Control Line. No vegetation shall be removed seaward of
that line with the exception of any required exotic removal.
3 . Lots 1 THRU 13 in Block 1, the Clubhouse site and Lots 1 THRU 7
in Block 2 shall have the more landward of either the 1978 Building
Control Line or the proposed 20/30 foot setback from the Erosion
Control Line. No vegetation shall be removed seaward of that line
with the exception of any required exotic removal .
4 . Lots 8 THRU 12 in Block 2 shall be setback the appropriate
distance from mean high water at the time of building permit
approval allowing enough distance between the structure and mean high
water to revegetate a minimum 20 foot swath of dune or strand
vegetation .
5. All beachfront land development projects (including but not
limited to all homes or clubhouse buildings in Blocks 1 and 2) shall
be required to revegetate the dune where the dune is devoid of
coastal dune vegetation.
BSB/doc: <>
cc: File PUD-80-20 (5)
Chrono File
AGENDA ITEM 7-G
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE: July 6, 1995
RE: PETITION PUD 80-20 (5) , COMMUNITY DEVELOPMENT SERVICES
DIVISION, REPRESENTING THE BOARD OF COUNTY
COMMISSIONERS, REQUESTING AN AMENDMENT TO THE HIDEAWAY
BEACH PUD, ORDINANCE 92-11, BY AMENDING SECTION 4 . 04 . 04
MINIMUM SETBACKS, BY CHANGING THE MINIMUM PRINCIPAL AND
ACCESSORY BUILDING SETBACK REQUIREMENTS FOR LOTS
ABUTTING THE BEACH FOR PROPERTY LOCATED IN PART OF
SECTIONS 5, 6 & 7, TOWNSHIP 52 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
AGENT/APPLICANT:
Agent: Donald W. Arnold, AICP
Collier County Planning Services
2800 North Horseshoe Drive
Naples, Fl 33942
GEOGRAPHIC LOCATION: The subject property is located within the
Hideaway Beach PUD, which is located in the northwestern portion
of Marco Island, and is more specifically described as Blocks 1
and 2 , Hideaway Beach, Plat Book 12 , Pages 80-85 . (see location
map on following page) .
REQUESTED ACTION: Staff is requesting an amendment to the minimum
principal and accessory structure building setbacks for beachfront
lots in order to more specifically indicate building setbacks in
relation to the established Building Control Line (BCL) and
Erosion Control Line (ECL) . The amendment will establish
principal and accessory building setbacks at a minimum of 30' and
20 ' respectively landward of the Erosion Control Line. Further,
staff is proposing that property owners be required to retain or
revegetate the dune area to a depth of 10 ' landward of the Erosion
Control Line.
PURPOSE/DESCRIPTION OF REQUEST:
The Erosion Control Line, established in conjunction with the
beach renourishment effort, was not in effect at the date of
adoption of the Hideaway Beach PUD. Consequently, the
introduction of this new line of private land ownership landward
of the original property lines greatly impacts the developability
of several building lots. Building setback requirements were not
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reflective of this line' s impact on property ownership and
development potential on individual beachfront building lots,
resulting in the necessity to modify the original 50' minimum
building setback.
In consideration of the 50' building setback from the Erosion
Control Line, staff is aware that of the 13 developed (or under
development) beachfront homes within Blocks 1 and 2 , Hideaway
Beach, 11 are in non-compliance with the 50' building setback
requirement. By establishing new building setbacks as the more
restrictive of the original Hideaway Beach building control line
or 30' and 20' landward of the Erosion Control Line, all non-
conformities are eliminated with the single exception of the
structure located on Lot 8 , Block 2 .
SURROUNDING LAND USE AND ZONING: There are 29 beachfront lots
within the Hideaway Beach PUD affected by the Erosion Control
Line. Currently 13 single-family homes are constructed or are
under construction. All beachfront lots except for the clubhouse
tract are intended for single-family construction.
GROWTH MANAGEMENT PLAN CONSISTENCY: By virtue as an existing and
developed PUD, Hideaway Beach is consistent with the County's
Growth Management Plan. Primarily, objectives and policies of the
Conservation and Coastal Management Element of the Growth
Management Plan are applicable to this PUD amendment. The
proposed reduction in principal and accessory structure setback
requirements for beachfront lots does not violate any objective or
policy of the Coastal and Conservation Element of the
Comprehensive Growth Management Plan.
It is the opinion of reviewing staff that the proposed setback
reduction will actually place building structures more landward
than originally intended under the Hideaway Beach PUD, due to the
measurement of the setback from the newly established Erosion
Control Line as opposed to the mean high water line; thereby,
reducing any potential beach impacts.
Objective 11. 4 of the GMP supports the protection of developed
coastal barriers and shorelines, and the restoration of the
natural functions of coastal barriers and affected beaches and
dunes. It is staff's opinion that the proposed building setback
reduction will not result in heightened beach erosion as
revegetation/retention of dune-type vegetation is proposed between
the Erosion Control Line and any accessory or principal structure.
This requirement is consistent with Policies 11.4 . 4 , 11. 4 . 5 and
11 . 4 . 6 which promote dune restoration by requiring the planting of
native vegetation as landscaping on beach and dune systems.
The proposed amendment is also consistent with Objective 11. 6 of
the Conservation and Coastal Management Element of the GMP which
2
required the adoption of a Coastal Barrier and Beach System
Management Program to address procedures for the management of all
developed and undeveloped County jurisdiction beaches, dunes and
coastal barriers. This program was adopted and is implemented
through Divisions 3 . 12 , Coastal Zone Management; 3 . 9 , Vegetation
Removal, Protection and Preservation; 3 . 10, Sea Turtle Protection;
and 3 . 14 , Vehicle on the Beach Regulations of the Land Development
Code. The proposed 30' and 20' setback requirements will allow
individual property owners to comply with these land development
regulations during site development.
HISTORIC/ARCHAEOLOGICAL IMPACT: The subject PUD is outside an
area of historical and archaeological probability as referenced on
the official Collier County Probability Map. Therefore, no
Historical/ Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The proposed amendment has no impact on transportation or
infrastructure considerations. Because of numerous beach system
issues raised by outside counsel, County staff sought an
independent environmental assessment, which was conducted by a
local marine and environmental consulting firm. A copy of their
analysis is attached to this staff report. County Environmental
review staff have reviewed the proposed amendment with respect to
applicable Growth Management Plan and Land Development Code
requirements and are supportive, subject to retention or
re-establishment of a dune vegetation area a minimum 10' in depth
between the Erosion Control Line and any structure.
One expressed concern by environmental review staff concerns the
location of existing vegetation with respect to the Erosion
Control Line and the proposed 20' /30' setback. Staff has
determined that on at least 4 building lots, a 20' accessory
structure setback would permit a structure to be built at the
existing vegetation line. There is no question that the existing
vegetation represents stability of the shoreline and a stabilizing
effect to upland property owners; however, due to the dynamics of
the wave and river currents in this area, the vegetation line does
not necessarily equate to erosion control. However, it should be
noted that the originally platted building control line would have
permitted structures to be built approximately 20 ' to 40' seaward
of the existing vegetation line.
While a best possible condition may be to contain development
inside the line of existing vegetation, a setback to this location
was never intended in the Hideaway Beach PUD. Staff has included
in the proposed amendment a requirement to plant or retain a
minimum 10' wide area between the Erosion Control Line and any
3
structure. The survivability of replanted vegetation seaward of
the existing vegetation line may rely in part on whether continued
beach raking to the vegetation line will occur. Site visits
indicate that pioneer plant species are emerging up to the point
of beach raking.
The proposed amendment has no affect on the County's Sea Turtle
Protection Ordinance, as this ordinance regulates the timing of
construction and establishes lighting standards for development
during sea turtle nesting season.
ANALYSIS:
Sections 2 . 7 . 2 . 5 and 2 .7 . 3 . 2 . 5 of the Land Development Code
relate to the required findings of the Planning Commission in
support of a recommendation to the Board of County Commissioners.
The findings are applicable to new property zoning actions and are
not rational relative to an amendment to an established PUD.
However, as part of staff's analysis of the proposed amendment,
findings relative to environmental impacts and changing .beach
conditions will be discussed.
Historical Perspective: The Hideaway Beach PUD was originally
adopted by the Collier County Board of Commissioners as Ordinance
79-68 . The original PUD established special building setback
requirements for lots abutting the beach. Lots fronting the Gulf
of Mexico were subject to locally adopted Coastal Construction
Line setback requirements. For those beachfront lots fronting Big
Marco Pass (Marco River) , a building control line was platted,
which established the principal building setback line from the
beach. This building control line varied between 50' and 100' as
measured from the Mean High Water Line. The PUD did make
provisions for certain accessory structures to be located seaward
of this building control line.
In early 1986, staff brought to the Board of Commissioner's
attention concern over the issuance of building permits for
beachfront lots due to the extensive beach erosion along Hideaway
Beach. The Board of Commissioners placed a temporary building
moratorium on Hideaway Beach in order to address the extent of
beach erosion. The BCC lifted the moratorium after one month and
directed staff to issue building permits on a case-by-case basis
but to prepare a PUD amendment establishing a minimum 50' building
setback from the eroded shoreline. This PUD amendment was not
carried forward by staff in 1986 and building permits have
continually been issued on a case-by-case basis for lots fronting
the Marco River in Hideaway Beach.
4
In an effort to address the beach erosion problem, the County and
State initiated the beach renourishment program in 1990 . The
Erosion Control Line was established as part of the renourishment
effort to reflect the mean high water line at that time. The
establishment of the ECL is also significant in that it also
established a new property line between properties owned by the
State and upland property owners. The newly established property
lines also require a new point from which to measure applicable
building setbacks. The landward extent of this newly established
property line has become a critical issue, as new property lines
in some cases were established 50' to 70' landward of the
previously determined property lines (mean high water line) .
Significance of 50' Building Setback From Property Line: By
staff's interpretation, the current Hideaway Beach PUD requires a
minimum 50' building setback from the rear property line for
beachfront lots. The official record makes no indication or
justification for the establishment of this 50' setback in the
original PUD, Ordinance 79-68 . For the purposes of the Y`ecord
Hideaway Beach plat, the property line was the 1978 mean high
water line. Again, no justification for the 50' setback as
opposed to a 40' or 60' setback was documented in the record for
the Hideaway Beach PUD. Again, the original rear property line
was the Mean High Water Line, and the Erosion Control Line did not
come into effect until 1991.
Chapter 161. 052 (1) , F. S. , "Coastal Construction and Excavation;
Regulation" , establishes a minimum 50' building setback from the
mean high water line. However, this provision provides for the
exclusion of properties fronting on a pass, river or inlet, which
would include Hideaway Beach.
Chapter 161. 053 (11) , F. S. , "Coastal Construction and Excavation;
Regulation on County Basis" , further provides for the exclusion
from the State's 50' setback requirement by stating that where
coastal construction control lines and/or coastal construction
zoning and building codes have been established, the provisions of
Chapter 161. 052 (1) shall be superseded.
Physical Land Changes: As discussed previously, Hideaway Beach
has previously experienced severe beach erosion, resulting in a
beach renourishment effort in 1990 . The renourishment effort, as
regulated in Chapter 161, F. S. , required the County to adopt an
Erosion Control Line. This erosion line became the new property
line, thereby, moving the self imposed Hideaway Beach Building
Control Line outside the new property boundaries in some cases.
This is true for Lots 13-17 in Block 1. Approximately 6 lots in
Block 2 now have their Building Control Line within 10' of the
Erosion Control Line.
5
It is staff's opinion that such changing conditions relative to
property lines and applicable building setbacks which have been
established based on these property lines warrant revision,
especially due to the State's establishment of a new fixed
property boundary.
Vegetation Preservation: The retention or re-establishment of
vegetation for beachfront properties helps to stabilize the
adjacent beach by offering protection from wind and wave action.
This area further provides habitat for various upland and marine
wildlife. In 1974 , Collier County adopted Ordinances 74-8 and
74-11, which established requirements for the protection of
beach dune vegetation and restricted motorized vehicle operation
on the beach. These ordinances have since been incorporated into
the County's Land Development Code.
In part, the Code requires that no structure may be located or
vegetation disturbed within 10' of the dune line. Hideaway Beach
has no clearly marked vegetation line, as the depth of vegetation
varies on each lot. An examination of survey information provided
with building permit records for homes along Hideaway Beach
indicates that the seaward line of vegetation has been identified
and structures placed a minimum 10' landward of this line
accordingly in order to retain or replant dune vegetation to Code
standards. However, several northern lots in Hideaway Beach had
their building control lines established seaward of the vegetation
line.
The applicability of the County's dune preservation requirements
for lots abutting the Marco River is also questionable, as the
beach area may not technically function as a dune due to the
nature of river current influences and shoreline geologic
characteristics. The attached environmental consultant report
discusses this issue in greater detail.
The proposed setback reduction will permit the continued retention
or replanting of vegetation, which furthers policies of the
County's Comprehensive Growth Management Plan. Further, staff has
proposed the addition of definitive language to the PUD, effecting
this specification for dune restoration. Again, with the
exception of the 3 northernmost lots in Hideaway Beach, the
existing line of vegetation should remain uninterrupted.
The Hideaway Beach is a mechanically maintained beach. That is,
the Hideaway Beach Association rakes the sand to the high tide
line which restricts any new vegetation growth or migration of
vegetation seaward of its current position. Replanting native
dune vegetation landward of the Erosion Control Line will help to
stabilize and counter the effects of beach raking.
6
STAFF FINDINGS:
Necessity of Amendment: As evidenced by review of surveys of all
properties abutting Hideaway Beach, 11 of 13 built structures do
not currently comply with the 50' rear setback requirement. This
condition has been created in part by the establishment of a new
property line (Erosion Control Line) landward of the originally
platted lot lines and building control line in conjunction with
the beach renourishment project.
In addition to the creation of non-conforming structures, 8
undeveloped building lots will have extremely limited building
envelopes with continued application of a 50' building setback
from the Erosion Control Line. The average home in Hideaway Beach
is approximately 6, 000 square feet. The required building depth
necessary to support a similarly sized structure and accessory
pool is 100' . A 50' setback will not permit this size and type of
structure to be constructed on the 8 undeveloped lots.
Originally, the self-imposed Hideaway Beach building control line
for lots abutting Big Marco Pass was set at either 50' or 100'
from the 1978 shoreline. By the establishment of this line, the
five northernmost lots in Hideaway Beach were intended to permit
construction closer to the beach than those lots further to the
south on Hideaway Beach.
The proposed amendment to establish the building setbacks at the
more restrictive of the existing building control line or 30' and
20' landward of the Erosion Control Line remedies all non-
conformities with one single exception. Further, application of
the proposed building setbacks will result in structures being
located further from the mean high water line than required under
the original PUD.
Building Control Line Variations: The self-imposed Hideaway Beach
building control line currently varies from 50' to 100' in depth
from the Erosion Control Line. The building control line on Lots
14-17 of Block 1 was originally platted at 50 ' from the shoreline
(Mean High Water Line) . Beginning on Lot 13 and continuing to the
south along Hideaway Beach, the building control line increased to
70' and then to 100' . The effect of this situation is that
beginning with Lot 13 and continuing to the north, structures
could be constructed 50' seaward of other homes along Hideaway
Beach. Again, this originally platted building line is now
on State owned property for Lots 13-17 , Block 1.
The proposed amendment, while reducing the required setback from
the Erosion Control Line for 12 lots, would result in greater
7
building setbacks for accessory or principal structures from the
Mean High Water Line than originally contemplated in the Hideaway
Beach PUD. This increase in setback from the Mean High Water Line
in some cases is 70 ' .
Vegetation Line: The existing vegetation line which is beneficial
in helping to protect and preserve the beach varies from site to
site. A building setback line a minimum of 20' from the Erosion
Control Line would permit each property owner to establish a 20'
wide vegetative buffer between any accessory structure, which is
10' greater than the County's dune preservation standards require.
The Hideaway Beach is a maintained beach. The beach is raked
daily to the Erosion Control line, which reduces the potential for
vegetation encroachment and increases erosion potential.
Re-establishment of a vegetative buffer could assist in the
long-term stabilization of the beach. Environmental staff has
concluded that the 20' accessory setback may not permit the
retention of a minimum 10 ' wide vegetative buffer on the 3
northernmost building lots . A minimum setback of 30' will permit
the retention of a 10' wide existing vegetation strip. However,
the original building control line permitted structures seaward of
the vegetation line by some 20'-30' .
Setback Consistency: The subject lots on Hideaway Beach average
between 12 , 000 and 15 , 000 square feet in size. This standard is
similar to straight RSF-2 zoning district requirements. The
required rear setback for RSF-2 zoned property is 30' for a
principal structure and 10' for accessory structures. The
proposed setbacks in Hideaway Beach will meet or exceed the
typical setback requirements for similarly sized single family
homesites.
Storm Surge Vulnerability: Based on modeling conducted by the
Collier County Emergency Management Department, any type of land-
falling storm event greater than a tropical storm will result in
seawater covering developed portions of Hideaway Beach to depths
of 4 . 8 ' to 18 . 1' . Ground elevations for beach front lots in
Hideaway Beach are approximately 5'NGVD. A reduction in building
setbacks will result in no greater flood depths or storm surge
impacts to surrounding properties.
Beach Setback Options:
In attempting to formulate amended language for the Hideaway Beach
PUD which would adequately balance concerns with developability of
building lots and potential environmental impacts to the existing
beach system, staff contemplated several viable options. One
option was to adopt a staggered building line, which would have
required a maximum setback from the Erosion Control Line of 50'
8
for lots in the central portion of Hideaway Beach, then reduced by
some standard increment to a minimum of 20' at the extremities of
Hideaway Beach. Staff initially rejected this option as staff
could not reach a consensus on the appropriate increment to be
applied.
A second option would have involved a relocation of a portion of
the private road servicing the beachfront lots. By moving the
road surface to the East, within existing right-of-way, structures
could have been constructed closer to the existing right-of-way
line, while allowing the existing 50' rear setback to remain.
This could have resulted in no reduction in building area;
however, this option would not have aided affected building lots
on the southern portion of Hideaway Beach. Further, this option
was considered cost prohibitive, without full cooperation from the
Hideaway Beach Association.
A third option involved reducing front yard building setbacks in
order to allow a greater building setback from the beach. A
reduction of the 25' front yard setback requirement to a figure
less than 20' could not be supported by staff due to concerns over
adequate stacking between front-loaded garages and the adjacent
right-of-way. An additional consideration would be the visual
appearance of a relatively large multi-story residential structure
in close proximity to the road surface.
Another option, which would further an argument for preservation
of an existing vegetation line, would establish a minimum building
setback at 30' from the Erosion Control Line. A minimum setback
to this location would permit the retention of a 10' to 20' strip
of existing vegetation on the northernmost lots. A 30' minimum
setback would likely restrict the ability of a homeowner to
construct typical beach accessory structures such as a swimming
pool and pool deck on the affected building lots.
STAFF RECOMMENDATION: That the Collier County Planning Commission
forward petition PUD-80-20 (5) to the Board of Zoning Appeals with
a recommendation of approval.
PREPARED By: ''. � (\\
DONALD W. ARNOLD, AICP DATE
PLANNING SERVICES DIRECTOR
REVIE ED BY: 7
7// 3 Az 5--
,
INCENT A. CAUTERO, DATE
COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR
9
Petition Number: PUD-80-20 (5)
Staff Report for the June 15 , 1995 CCPC meeting.
NOTE: This Petition has been scheduled for the August 8 , 1995
Board of County Commissioner meeting.
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. PRIDDY, V E-CHAIRMAN
10
ORDINANCE 95-
AN ORDINANCE AMENDING ORDINANCE NUMBER
92-i1, HIDEAWAY BEACH PLANNED UNIT
DEVELOPMENT, AMENDING SECTION 4.04.0
MINIMUM SEBACKS, BY ESTABLISHING THE
MINIMUM PRINCIPAL AND ACCESSORY BUILDING
SETBACK REQUIREMENTS FOR LOTS ABUTTING
THE BEACH ALONG BIG MARCO PASS AS 30' AND
20' RESPECTIVELY, AS MEASURED FROM THE
EROSION CONTROL LINE, OR SUCH OTHER
SETBACK REQUIREMENT AS MAY BE ESTABLISHED
BY THE BOARD OF COUNTY CO.•M^.ISSIONERS, FOR
PROPERTY LOCATED IN PART OF SECTIONS 5, 6
AND 7, TOWNSHIP 52 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of Co^,nissioners has directed
staff to amend the building setbacks for beachfront lots within the
Hideaway Beach PUD by amending Ordinance 92-11, and;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONE:
Ordinance Number 92-11, Subsection 4.04.04D.2. , Lots Abutting
Beach, shall be amended to read as follows:
2. Lots Abutting Beach:
A beach setback line and/or Coastal Construction setback
line has been established for the protection of the hone
owner as located on the record plat. An Erosion Control
Line has also been established in conjunction with beach
renourishment, which reflects the seaward extent of
private property ownership. _-._3 lina oa_k3
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a. Structures
1. Principal structures may be constucted to the
Building Control Line or 30' landward of the
Erosion Control Line, whichever is the more
restrictive.
Words underlined are additions; Words ctruo'.: through are deletions.
-1-
2. Accessory structures may be constucted a maximum
of 50' seaward of the Building Control Line,
however, in no case shall the structure be
constructed within 20' of the Erosion Control
Line.
3. Roof overhangs may extend a maximum of 5' into
the required setback.
b. Dune Vegetation
Dune vegetation shall be retained and/or
replanted to a minimum death of 10' in the area
between the Erosion Control Line and any
accessory structure.
SECTION TWO:
This ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this day of , 1995.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
BETTYE J. MATTHEWS, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
PUD-S0-20(5) ORDINANCE
HIDEAWAY BEACH/wa
Words underlined are additions; Words struck through are deletions.
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