Loading...
Agenda 03/11/2008 Item # 9C Agenda Item No. 9C March 11, 2008 Page 1 of 6 RECEiVED OFFICE OF THE COUNTY MANAGER ....' i; ~', ' ACTION MEMORANDUM DATE: February 26, 2008 TO: Jim Mudd, County Manager CC: Commissioner Tom Henning, Chairman, District 3 Commissioner Donna Fiala, Vice Chairman, District 1 Commissioner Frank Halas, District 2 Commissioner Jim Coletta, District 5 Scott Teach, County Attorney Sue Filson, Executive Manager to the BCC FROM: Fred W. Coyle Commissioner District 4 SUBJECT: MPP Shoreline Calculations - Request for Reconsideration Please accept this memorandum as a formal request for a motion to reconsider item 2B heard at the Land Development Code AmendrD.ents hearing on February 19,2008 reference the MPP Shoreline Calculations. FWC:ps ,~"".- Agenda Item No. 9C March 11, 2008 Text undertined is new text to blPliiliIiiId? of 6 T8*t stFikBtl:uewgh is 6WFfeAt 1eoo: ta liJe dlllete9. Bold text indicates a defined lenn LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Barbara Burgeson, Principal Environmental Specialist Stephen Lenherger, Senior Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC5:30 LDC SECTION(S): 5.05.02 CHANGE: To exclude the length of shoreline within conservation easements when calculating the maximum allowable number of boat slips in accordance with the Manatee Protection Plan. REASON: The rating system used in calculating the maximum number of wetslips in accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum number of wetslips. Since the adoption of the Manatee Protection Plan in May 1995, staff has applied the provisions of the M'm~tee Protection Plan to exclude the amount of shoreline within conservation easements from the calculation of the maximum allowable wetslips. Shoreline within a conservation easement is excluded since a conservation easement removes or severely limits development rights. FISCAL & OPERATIONAL IMPACfS: None since it has been staff's practice to already exclude the length of shoreline within conservation easements in calculating the maximum allowable number of boat slips in accordance with the Manatee Protection Plan. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACf: None. The County has incorporated the MPP within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. OTHER NOTESNERSION DATE: Created September 5, 2007, amended October 9, 2007, amended January 30, 2008, amended February 5, 2008, amended February 11,2008 Amend the LDC as follows: 5.05.02 Marin... 1 C:\Oocuments anti Settings\br.ock_m\Local Settings\Temporary Intemet Files\OLK6B\5 05 02 . MPP ShoreUne Calculations (021108) SLdoc 31312008 Agenda Item No. 9C March 11, 2008 Text undertined is ~ text to ~3 of 6 T8KI: ICRkeUuQYp is GUR8At: ttNd: t9 be del.eEl. Bold \ext indicates . demed \enn A. The fOllowing standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities. B. Proposed developments will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility. an on-water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. 5. Table of Siting Criteria Water Depth Native Marine Habitat Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X Agenda Item No. 9C March 11, 2008 Te'" undertined is .- text to ~ of 6 TNt Bbikett:lrvugtt is SUR8At text le be dlliad. Bold lext indicates a defined lenn 1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 2. Moderate development sites. New or expanded wet slips and multi-family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. E. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code. G. The definition of shoreline for the DUl'POse of the Manatee Protection Plan shall be the interface of land and water at mean hiah water. as established usina standard survev techniaues. Shoreline within County reauired Dreserves or within State and Federal conservation easements which do not soecificallv oermit boat docks shall not be used in calculatina the maximum allowable number of wetslios Dursuant to the Manatee Protection Plan. 1 . Artificiallv created shorelines created after the adoDtion of the Manatee 3 C:\Documents and Settings\broctcm\Local Settings\Temporary Internet Files\OLK6B\5 05 02 . MPP Shoreline Catculattons (021108) SL.doc 31312008 Agenda Item No. 9C March 11. 2003 Text: undertined is new text to b.c:~5 of 6 Text stFiklOlF9ugh is GUFRlM.1d '8 be ~818t8d. Bold text indicates a defined term Protection Plan in Mav 1995 shall not be used in the calculation for wetslip densities. The lenath of artificiallv created shoreline created orior to the adoption of the Manatee Protection Plan may be used in the calculation for wetsfip densities. 2. Government owned public boat facilities havina shoreline within County reauired oreserves shall be exempt from this orovision. 3. Marina facilities which are 100 oercent ooen to the aeneral public and with a oreferred ratina oursuant to the Manatee Protection Plan may use all their shoreline in calculatina the maximum allowable number of wetslios. unless otherwise restricted bv State and Federal conservation easements. In the event a marina facility. ooen to the aeneral oublic becomes a private marina. then the maximum allowable number of wetslios shall be recalculated bv excludina the lenath of shoreline within County reauired preserves. and the number of wetslips reduced if needed. 4 C:\Oocuments and Settingslbrook_m\l..ocal SellingalTemporary Internet Files\OLK6BI5 05 02 - MPP Shoreline Calculations (021108) SL.doc 31312008 _....:i._~____ , Page I of I Agenda Item No. 9C March 11, 2008 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 9C Meeting Date: Request for reconsideration for MPP Shoreline Calculations, Item 28 heard at the February 19,2008 LDC Amendment Meeting. (Commissioner Coyle) 3111/2008 900.00 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 212912008 11: 06 AM file:/ /C:\Agenda T est\Export\ 1 02-March%20 11,%202008\09. %20BOARD%200F%20COUN... 3/5/2008