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U a:l !:< 0lJ b.08:Eo'.;:lo..> = <l.) iU I I-< cd ::: ;> > ~ Q) ....... ~....- - ,,- 0 U U 'J" ro..c ._ v=uroi3 I-< = cd 0 :::: C) ....... >- ".to ~ .... <B - '" \0 ro ~ VJ ;::: 0 ;: 0).'";:: .s N.S a 2 u~.o~Q) ~ 0 =._ ~ .- r/J g. <l) 0:: - " Cl] - ,,~ -go ,,~ ..-l '" c OIl " " ..0"- 0. 2! CJJ u o "0 Eo-< ~ '" o '" o "" S. u < CJJ Q d- o o '" - " 1J CJJ ;.-, ~ " CJJ G: >< ~ 0. o :>< '" ~ -'" o ..9 " o E " " o Si ~ ~ G: t E " 11 c '" - o s- " ~ u From: To: cc: Subject: Date: lenberqer ~ 1<.~lly-.i;fjl'pach-"rS:.ij!.b~sine ; IQr~nLI'!; mas,,-n_~5chmitt::lQ~@h:... FW: 09-ENS-00392 Disaster Recovery Ordinance Question: Tuesday, August 25, 2009 4:34:29 PM Hi John/Catherine! Please include this e-mail response with the other material for distribution to DSAC, for their meeting on September 2nd Thank you! Stephen From: WrightJeff Sent: Tuesday, August 25,20094:24 PM To: lenberger_s Subject: 09-ENS-00392 Disaster Recovery Ordinance Question: Stephen-- In the referenced RLS you request an answer to the following question: Is there any conflict between the provisions for repair of structures in the Listed Species LDC amendment (sea turtle section, Sec. 3.04.02.B.5.d) and the buildback policy in the Disaster Recovery Ordinance (Ord. No. 2006-35, codified at Sec. 38-7 of the Code of Laws and Ordinances)? My analysis is as follows: There is no express conflict between the two provisions, although the sea turtle nesting regulations could foreseeably operate to preclude a property owner from taking advantage of the buildback poliicy where it would otherwise be allowed under the Disaster Recovery Ordinance. A structure damaged beyond 49% of its replacement value in a declared disaster would normally be eligible for the build back policy under the Disaster Recovery Ordinance (note: the "initial" duration of the buildback period is 6 months, by ordinance). However, despite being eligible for the buildback provisions, the owner may have to wait for the nesting season to end (under the sea turtle protection regulations). So, if a disaster is declared on 5/2, kicking in the buildback policy for a six month period (to 11/1), the entire period of the buildback could coincide with the sea turtle nesting season (5/1-10/31), and the owner might be closed out of an opportunity to take advantage of the build back policy while it is in effect. This does not remove any rights they might have had under the proposed sea turtle protection rules (e.g., right to present their proposed "major repair work" to staff for possible approval of construction during nesting season). Notably, the disaster recovery ordinance requires compliance with development regulations, unless compliance with the development regulations would preclude reconstruction otherwise intended by this buildback policy as determined by the emergency review board (Sec. 38-7(b)(3) of the CLO). Thus, the disaster recovery ordinance contains a mechanism for review of situations where compliance with development regulations would be contrary to the intent of the buildback policy. Based on this analysis, I do not believe that further revision is necessary. Thanks. Jeff Jeff E. Wright Assistant County Attorney Office of the Collier County Atto rney 3301 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 239-252-8400 239-252-6300 (fax) Text underlined is new text to be added, T9xt strilmtl:lrsl:lQA is StJrmRt text to l3e galatea, Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Susan M. Istenes, AICP DEPARTMENT: Zoning AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC SECTION(S): 1.08.02 Definitions CHANGE: Add definition for porch, deck and balcony. The purpose of this LDC Amendment is to distinguish between balconies, porches and decks and to distinguish 'roofed' balconies from 'unroofed' balconies. REASON: The terms are used in the Land Development Code and are not defined. There are provisions that allow encroachments by these structures into setbacks and there is confusion as to what constitutes a roofed or unroofed balcony when balconies are stacked on top of each other in a multi family structure. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created on July 15,2009; revised on August 25; Amend the LDC as follows: 1.08.02 Definitions . . . . . . . . . . . . . Balcony: Exterior structures that proJect from the buildinG at least one staN above Grade. There is usually a door providinG an entrance to the Balcony. Balconies do not have steps and there is no access from Ground level. Balconies mav be cantilevered from the principal structure wall or may be supported bY both the wall and columns. Balconies do not have roofs and are considered unroofed. even when the platform of a balcony proiects directly above from upper stories providinq cover. For roofed structures see Porch. . . . . . . . . . . . . . 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Text stril(ethrsl:!€IR if: Gl:!rrent te}!t t9 be 8eleteEL Bold text indicates a defined term Porch: Exterior structures located at buildino entrances with a roof: they may have steos and a ouardrail. Thev are oenerallv suooorted bv oosts and columns or the house wall and foundation. Decks: Exterior structures olaced at a buildino entrance ooint: they have no roof and are oenerallv olaced sliohtlv above arade level. Decks may have steos and railinos and are commonlv suooorted bv oosts althouoh they may be cantilevered from the orincioal structure wall: or the walkwav area surroundino a swimmino 0001 (such as the deck of a swimmino ooo/): or the surface area of a dock. . . . . . . . . . . . . . 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 4 090209 (2).doc Text underlined is new text to be added. Text €tFjJH)tRr:ol.l~h is GblrrSAt text te lae deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDCPAGE: LDCl:19 LDC SECTION(S): 1.08.02 Definitions CHANGE: Restore definition, "Dwelling, multi-family," from the old code (Ord. 91-102, as amended). With changes below, definition reads verbatim from 91-102. REASON: Essential elements of the definition for "dwelling, multi-family" were lost during re-codification; definition term was previously known as "Dwelling, multiple-family." FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: August 26, 2009 Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * * Dwelling, multi-family: A group of 3 or more dwelling units within a single conventional building. For purposes of determininq whether a lot is in multi~-familv dwellinq use. the followinq considerations shall applv: a. Multi~-familv dwellinq uses mav involve dwellinq units intended to be rented and maintained under central ownership and manaqement. or cooperative apartments. condominiums. and the like and mav include the fee ownership of land beneath each dwellinq unit followinq development from a common base of ownership. 3 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril~etArsl.l@lh is SUrFeRt text to 8e sarateE!. Bold text indicates a defined term b. Guesthouses and servants' quarters shall not be considered as dwellinq units in the computation of subsection a above. c. Anv multiale-familv dwellinq in which dwellinq units are available for rental for periods of less than one week shall be considered a tourist home. a motel. motor hotel. or hotel. as the case may be. and shall onlv be permitted in districts where specificallv desiqnated. d. For the purpose of this land development code. timeshare estate facilities shall be considered as intended primarilv for transient occupancy and shall onlv be permitted in districts where specificallv desiqnated. * * * * * * * * * 4 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc * * * * Text underlined is new text to be added. Text stril,ett:lrebl€lR is Sldrrent t81ft tEl Be EleleteEl. Bold text indicates a defined term LDC Amendment Reauest ORIGIN: BZA Directed AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC1 :39 LDC SECTION(S): 1.08.02 Definitions CHANGE: Restore text to definition of "Yard, front," from the old code (Ord. 91-102, as amended). Chord method of measurement was inadvertently omitted during re-codification. REASON: BZA direction on March 16, 2009 was to clarify that the front yard is measured on a cul-de-sac or irregularly shaped lots using the chord method. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * * Yard, front: The required open space extending across the entire width of the lot between the front building line and the street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided herein. Where corner lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code. only one full depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s) may be reduced to 50 percent of the full front yard setback requirement for that district, exclusive of any road right-of-way or road right- of-way easement. For setbacks for E (estates) zoning, see Section 2.03.01. 5 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text €:tril{8tRrslcl~R i€: Glo!frSAt text t8 be deletes. Bold text indicates a defined term Depth of a reauired front yard shall be measured so that the yard established is a strip of the minimum width reauired by the district reaulations with its inner edae parallel to the front lot line. In the case of irreaularly shaped lots. includina lots facina cul-de-sacs. the depth may be measured at riaht anales to a straiaht line ioinina the foremost points of the side lot lines. provided the depth at any point is never less than the minimum lenath of a standard parkina space as established within subsection 4.05.02 M. of the LDC. * * * * * * * * * * * * * 6 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril{stl=lr8uQR is GblfreAt text t8 be eeletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Private Petition (PL2009-338) AUTHOR: Anthony P. Pires, Jr., Woodward, Pires & Lombardo, P.A. on behalf of Homer Helter DEPARTMENT: AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: UNKNOWN AS NOT YET CODIFIED IN THE MUNICIPAL CODE CORPORATION VERSION OF THE LDC; SEE PAGES 74-76 OF ORDINANCE NO. 08-11. LDC SECTION(S): Section 2.03.04.A.1.a. CHANGE: ADD/CREATE LDC 2.03.04.A.1.a.54 as outlined below. REASON: Allow and authorize longstanding and existing uses and businesses [approximately 10 years] at 5510 Shirley Street, Naples, Florida, zoned "I" Industrial Zoning District,; and, resolve all pending matters and issues as to uses and business operations [including but not limited to the existing antique retail/wholesale business use] at 5510 Shirley Street, Naples, Florida, in the '']'' Industrial Zoning District. After reviewing the various permitted uses listed in LDC Section 2.03.04.A.la, it is readily apparent that the use(s) currently engaged in by Mr. Helter, and for which this amendment is requested, has/have "retail" characteristics similar to a substantial number of existing permitted uses, i.e. businesses that would not have primarily "storage, warehousing, wholesaling or distribution" characteristics. By virtue of their existence in the current LDC, the Board of County Commissioners has thus made the determination that the following uses, with "retail" characteristics similar to that ofMr. Helter's business, or uses that do not have primarily "storage, warehousing, wholesaling or distribution" characteristics, are consistent with Collier County's Growth Management Plan. By way of example I note the following uses [with noted SIC Code and LDC section] : I. Barber Shops, 7241, [LDC 2.03.04.A.l.a.5]. 2. Building Construction, 1521-1542, [LDC 2.03.04.A.1.a. 7]. 3. Business services, 7318, 7319, which includes photocopying, equipment rental and leasing, employment agencies 7361, employee leasing 7363, computer rental and leasing 7377, computer maintenance 7378, detective and guard services 7381, process service 7389, [LDC 2.03.04.A.1.a.8]. 4. Insurance agents, including title insurance 6361 and 6411, [LDC 2.03.04.A.1.a.25]. 5. Membership organizations, 8611, 8631, [LDC 2.03.04.A.I.a.31]. 7 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril~8threl:l!31:l i~ Clolrremt text to Be E1eletefl. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: NONE RELATED CODES OR REGULATIONS: None aware of at this time. GROWTH MANAGEMENT PLAN IMPACT: The applicant believes the proposed language and uses are consistent with: A.) other current existing uses in the "I" Industrial Zoning District found to be consistent with Collier County's Growth Management Plan, and 8.) the Growth Management Plan. [see letter of May 27,2009] OTHER NOTESNERSION DATE: Created May 27, 2009 Amend the LDC as follows: add the following as LDG 2.03.04.A.1.a.54: 54. Used merchandise businesses (5932), memorabilia, medallions (of the type listed in 5094) businesses, and associated retail actiyity [without limitations as to percentaqe of qross floor areal. where a siqnificant portion of the use is associated with the display, storaqe, online marketinq, distribution or wholesalinq of used merchandise, memorabilia, medallions. 8 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text strikethrebl13A is sl.lrr-ent t8)(t to 138 8818te9. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: John Kelly, Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle I LDC PAGE: LDC2:86.8l and 86.82 LDC SECTION(S): 2.03.07 JA.b CHANGE: Correct Bayshore Drive to read Bayshore Way REASON: Scriveners' error FISCAL & OPERATIONAL IMPACTS: None, typographical error only. RELATED CODES OR REGULA nONS: GROWTH MANAGEMENT PLAN IMPACT: None, typographical error only. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES * * * * * * * * * * * * 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. * * * * * * * * * * * * * 9 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril{stt.:lrel.lElA is GlJrFBRt text to 138 E.leleteEl. Bold text indicates a defined term 4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain any sheds that were constructed prior to October 17, 2003. Storage sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Way constructed after October 17, 2003 are permissible if they comply with the following requirements: a. The appropriate building permit must be obtained. b. Bayshore €Ifive- way setback: ten feet. c. Waterfront setback: ten feet. d. Side yard setback: 0 feet. e. Maximum size of shed: 144 square feet. 10 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text strikElthrSbI€lR is GblFrElRt text ts 138 E1eJeteEl. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LDC3:14 & LDC3:23 LDC SECTION(S): 3.04.01 Generally 3.04.02 Species Specific Requirements 3.04.03 Requirements for Protected Plants 3.04.04 Penalties for Violation: Resort to Other Remedies CHANGE: Include criteria for protection of selected listed plants. Scrivener's error to correct lettering/numbering in section 3.04.02 Update the gopher tortoise and bald eagle sections for consistency with the FFWCC Bald Eagle and Gopher Tortoise Management Plans approved in April 2008 and September 2007, as requested by the EAC during the 2008 LDC amendment cycle. Revisions with regards to the listed species section in general, gopher tortoise and listed plants, per direction received from the CCPC during the 2008 LDC amendment cycle. Revisions to address concerns of stakeholders Renumbering ofremaining section REASON: Evaluation for protection of listed plants is required as part of the EAR-based GMP amendment to CCME Policy 7.1.6. Policy 7.1.6 states the following: "The Countv shall evaluate the need for the protection of listed plants and within one (]) year of the effective date of this amendment adopt land development regulations addressing the protection oflisted plants. " Scrivener's error to correct lettering/numbering in section 3.04.02 Update the gopher tortoise and bald eagle sections of the LDC for consistency with the FFWCC management plans for the Bald Eagle and Gopher Tortoise approved in April 2008 and September 2007, as requested by the Environmental Advisory Council (EAC). The Collier County Planning Commission (CCPC) also requested that staff evaluate these sections in light of recent changes in State requirements for these species. The State management plans for these species were not in effect at the time the sections of the LDC were last amended. 11 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikethreblijA i~ G10lrFeRt text t8 1;)8 aelatea. Bold text indicates a defined term An evaluation of plants listed as endangered, threatened or commercially exploited by the Florida Department of Agriculture and Consumer Services as contained in Chapter 5B-40.0055 F.A.C. is the basis for the proposed protection of selected plant species. None of the plants within Collier County are listed as endangered or threatened under the Federal Endangered Species Act. The State Regulated Plant index lists 431 Endangered, 114 Threatened and 8 Commercially Exploited plants in the State of Florida. Of these, at least 124 species have been documented to occur in Collier County, many of which are only found in the eastern parts of the county, in State and Federal preserves. Since most of these listed plants are already protected within preserves, staff identified those species known to occur outside the eastern portions of the county. Staff also concentrated on species where relocation is feasible. Many of the plants included in the proposed amendment are described as having declining populations or populations which are very small in size or limited in distribution. Others are susceptible to over collecting for commercial purposes and have been listed as such by the State. It should be noted that the listed species referenced in the preserve selection criteria pursuant to CCME Policy 6.1.1 (4) are specific towards listed wildlife (animal) species and do not include listed plants. Other than for relocation, listed plants would only be protected if preserved as part of the habitat selected according to the preserve selection criteria of this Policy. Relocation of listed plants into preserves is in keeping with the intent ofCCME Policy 6.1.1 (6), in maintaining natural diversity within preserves. The Environmental Advisory Council (EAC) has also encouraged relocation of listed epiphytic plants into preserves when suitable habitat is preserved on site. The regulations in section 3.04 are applicable to lands within the Urban Designated areas and within the RFMUD, as identified on the Future Land Use Map for Collier County. Agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), F.S., all development within the RLSA District, except as specifically provided in section 4.08.00, and all development within the NBMO, except as specifically provided in section 2.03.08 are exempt from the provisions of section 3.04.00. (3.04.01 B.2 LDC) The plants listed in the amendment generally occur either in forested wetlands (not totally dominated by slash pine), hammocks, scrub or coastal barrier islands. They can also be relocated by an environmental consultant with reasonable effort. Although epiphytic species could potentially occur in all levels of the canopy, the epiphytic plants listed as Rare in this amendment would most like occur in lower levels of the canopy, closer to the ground or water where moisture levels are higher, as they all occur in forested wetlands. In rare instances they may occur in the upper levels of the canopy, in wetlands with good hydrology (longer periods of inundation). Wetlands with hydrology able to support epiphytic species listed as Rare in this amendment, in the upper levels of the canopy would generally have high functionality scores and would most likely be protected during the permitting process with the State and Federal agencies. Exceptions to this might include isolated wetlands such as cypress domes, which may have good hydrology but lower functionality scores when located away from other natural areas. Epiphytic species of plants listed as Rare in this amendment would only be required to be relocated if 12 C:\Temporary Internet FileslContent.OutlooklM2XOPTYFIDSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Tent E:tril{etRFGuQh is GUFrsnt tent to 138 aslates. Bold text indicates a defined term located within eight feet off the ground. Plants listed as Rare in the amendment are extremely rare. Epiphytic plants listed as Less Rare in this amendment would also only be required to be relocated if located within eight feet off the ground, but only if the species is not already present within the preserve. When available, only two plants per species per acre of plants listed as Less Rare would be required to be relocated, up to a maximum often plants per species per preserve, in order to establish a seed source within the preserve. When available, seed of Tillandsia may be transferred to a preserve in lieu of relocating plants, since fresh seed transferred to the bark of trees prior to the onset of the rainy season have good success rates. Although many of these plants occur throughout much of the County, plants listed as Less Rare in this amendment are often localized and only found in certain types of environments. Habitat fragmentation and drainage have affected populations of these plants. Habitats occupied by these species are usually forested and include both wetlands and uplands which have been protected from fire. When available, all plants listed in this amendment, other than for Tillandsia, may be planted (or fastened to woody vegetation in the case of epiphytic species) within preserves from nursery grown stock in lieu of relocation. Tillandsia has been excluded to prevent accidental introduction of exotic Metamasius weevil from nursery grown stock into wild populations of Tillandsia (see below). All the plants listed as Less Rare in this amendment are epiphytic. Relocation of Tillandsia species listed in this amendment would not be allowed where populations of these plants are infested with non-native Metamasius weevil that feed on Tillandsia and other types of bromeliad. Metamasius callizona is particularly destructfull and since its discovery in Broward County in 1989, has spread throughout much of south Florida by both natural dispersal and by movement of infested plants. This species has the potential to wipe out many populations of Tillandsia in Florida, and has already done so in some localities. The species has also been documented within the Fakahatchee Strand State Preserve, the site of most of the State's listed bromeliad species. Other species of non-native Metamasius weevil also occur within the state (Metamasius hemipterus) or have been found in shipments ofbromeliads from neotropical countries (Metamasius jlavopictus, Metamasius sellatus, Metamasius quadrilineatus). One listed plant also know to occasionally occur outside the eastern portions of the county is hand fern (Ovhiof!lossum valmatum), a plant which grows almost exclusively on the trunks of cabbage palm in moist hammocks or swamps. Relocation of this plant would be impractical since it is dependent on the micro climate in which it lives and would have to be relocated together attached to the cabbage palm it is growing on, to a suitable habitat on site, if another suitable habitat were to exist on site. Since this species naturally occurs on cabbage palms growing in association hardwoods in hammocks or in swamps, they would most likely be preserved during the permitting process with the State and Federal permitting agencies. Wetlands with high functionally scores and hardwood hammocks, where this species most likely occurs, also rate high according to the County's preserve selection criteria. For these reasons, this species was not included in the amendment. 13 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text ~tFiI(Bthfl3l.1€lh i~ G1::lFFeRt text to be deleteEl. Bold text indicates a defined term Other listed plants which occur either in hammocks or on coastal barriers include satin leaf (Chrvsovhvllum olivaeforme), Simpson's stopper (Mvrcianthes fraf.!rans) and wild cotton (Gossvvium hirsutum). Like the hand fern, these species would likely be protected by the County's preserve selection criteria since the habitats in which they occur, rate high among the criteria. Relocation of two species, Simpson's stopper and satin leaf, would also be difficult due to the size of mature plants and types of habitats in which they occur. All three of these species could easily be added to preserves from container grown stock, as all are available commercially. In contrast, wild cotton is a short lived plant which must regenerate itself by seed on a more frequent basis in order to persist in the environment. For these reasons, these three species were not included in the amendment. Another plant which occurs on coastal barriers is west coast prickly apple (Harrisia gracilis), a rare member of the cactus family. Since this plant is quite rare and fairly easy to transplant, it was included in the amendment. Unlike satin leaf, Simpson's stopper and wild cotton, commercial availability of this plant would be extremely limited, ifit was available at all. FISCAL & OPERATIONAL IMPACTS: Where the listed plants identified in this amendment occur on site and where relocation is required, additional expense will be incurred upon the applicant to relocate them. A survey of three environmental firms who regularly conduct business in the county, indicate an average hourly rate of $120 for this type work. Preserve management plans may have to address specific needs for listed plants in order to insure their survival, but for most species this would not be necessary. An example would be maintaining open areas free of woody vegetation in scrub habitat for Curtiss' milkweed. It should be noted for scrub in particular, that maintaining open areas with and without ground cover is necessary for the survival of many of the species found in this type environment. Thus management for Curtiss' milkweed would not require management much different than that for the habitat itself. Specific management needs for this plant species might include surveying for the species every few years during regular monitoring events, and making sure the area around existing plants is kept free of woody vegetation and invasive ground covers. Epiphytic species of listed plants such as Tillandsia (bromeliads) and orchids live attached to trees and shrubs in their environment and should not require additional management when relocated to a suitable environment. Preservation or relocation of all the plants identified in this amendment should require little in the way of additional management other than that for general management of the preserve itself, if any additional management for these species is needed at all. During the 2008 LDC amendment hearings, the Planning Commission asked staff to provide general information as to cost of relocation and management for gopher tortoises. Staff contacted several environmental firms who regularly conduct business in the area to provide an estimate. Staff also reviewed the FFWCC Gopher Tortoise Management Plan and FFWCC Gopher Tortoise Permitting Guidelines to obtain costs associated with permitting for the State. According to the environmental firms contacted, costs for producing a gopher tortoise management plan ranged from $750 to $5,000, and this depends on the size of the project. Average costs were in the $1,000 to $2,500 range. Field work to implement the plan once approved was about $1,500/day. Surveying for gopher tortoise burrows also averaged $1,500/day. Other types of management activities cost more. Mowing vegetation in order to 14 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strilmtl=lF8I:J€l1'l is Glclrrent tellt to l3e aelates. Bold text indicates a defined term maintain habitat suitable for tortoises, for example, ranged from $50 to $1 OO/hour. A $4,000/day price was given by one consultant to conduct a prescribed fire. Relocation of gopher tortoises cost about $2,500/day (environmental consultant and backhoe operator fees combined). Soil conditions, density of vegetation, and the presence of rock all had an effect on the amount of time needed to excavate burrows. Temporary fencing to contain tortoises during construction averaged around $4 to $6/linear foot, installed. Estimates on installation of permanent fencing (chain link fence) to contain gopher tortoises ranged from $5.50 to $12.00/linear foot. These consisted of a 4 foot high chain link fence buried about 2 feet below ground. Permits from the Florida Fish and Wildlife Conservation Commission (FFWCC) to relocate gopher tortoises are a few hundred dollars per permit. Mitigation Contributions for these permits rise significantly when tortoises are relocated to unprotected areas ($3,000 for each tortoise) or in emergency take situations ($4,000 per tortoise). The difference in Mitigation Contributions for protected and unprotected sites is to encourage relocation of tortoises to sites which are protected in perpetuity. The option of whether to relocate gopher tortoises to protected or unprotected sites, and therefore to one that is managed for gopher tortoises or not, lies with the applicant. Relocation could occur on public or private land, according to the FFWCC Gopher Tortoise Management Plan. Authorized recipient sites for gopher tortoises must meet specific site criteria identified in the FFWCC Gopher Tortoise Management Plan. A range of $1000 to $2,500/tortoise was given by one consultant for recipient sites to accept gopher tortoises. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Evaluation for protection of listed plants is required as part of the EAR-based GMP amendment to CCME Policy 7.1.6. OTHER NOTES/VERSION DATE: Created August 7, 2009. Revised August 20, 2009 Amend the LDC as follows: 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES 3.04.01 Generally A. The purpose of this section is to protect species in the County, by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: 1. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened, or species of special concern, and as provided for the bald eaqle in FAC.68A-16.002. 2. United States Fish and Wildlife Service (USFWS) as endangered or threatened, and as provided for bv the Bald and Golden Eaqle Protection Act. 15 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text str:ikett:JrSl:IE}R is GblFfeAt text tG 138 E1eleteEl. Bold text indicates a defined term 3. Convention of Internationul Trude in Endangered Species of 'Nild Fauna and Flora (CITES). B. Applicability and Exemptions. 1. General Applicability: Except as provided in 2 below, all new development shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. 2. Exemptions: The following are exempt from the provisions of this Section: a. Agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes; b. All development within the RLSA District, except as specifically provided in section 4.08.00; and c. All development within the NBMO. except as specifically provided in section 2.03.08. C. EIS and mManagement plans. 1. Exemption. Single-family platted lots or construction of a sinqle-familv home, includinq accessorv uses and structures, on a lot of record that are not part of a previously approvod subdivisioR or SDP shall not be required to prepare afI EIS or a management plan. but shall comply with approved manaqement plans for the subdivision in which they are located. 2. EIS. /\n EIS i!:: required as sot forth in section 10.02.02. The County !::hall notify tho FFVVCC and USFWS of the existonco of any Ii!::ted specios that may be discovered. 3~. Management Plans. a. General Requirements. A wildlife management plan shall be required for all projects where the wildlife survey indicates listed species are utilizing the site. or where bald eaqle nests occur on the site or within distances to the site identified in the Bald Eaqle Manaqement Plan utilized by the FFWCC. These plans shall describe how the project directs incompatible land uses away from IisteG these species and their habitats and shall incorporate proper techniques to protect IisteG these species and their habitat. and the nests of bald eaqles from the negative impacts of proposed development. Incompatible land uses and proper techniques to protect listed species and their habitat. and the nests of bald eaqles. shall be in accordance with the quidelines. manaqement plans and recommendations of the FFWCC or USFWS. Manaqement plans for listed plant and animal species. and for the nests of bald eaqles. shall be included as part of the preserve manaqement plan. if a preserve manaqement plan is required. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. 16 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. T81ft stril~ethrol:l€lt::l is Gl:lrrsnt tela te Be aeleteEl. Bold text indicates a defined term b. References. Manaaement auidelines contained in various aaencv publications shall be used for developina reauired manaaement plans. The following roforences shall be usod, as appropriate, to prepare tho required managoment plans; i. South Florida Multi Species Reoovory Plan, USFWS, 1999. ii. Habitat Managemont Guidelinos for the Bald Eagle in tho Southeast Rogion, USF'NS, 1987. ili. Eoology and Habitat Protection Neods of Gophor Tortoiso (G0fJhorus polyphemus) Populations found on Lands Slated for Large Soale Elevelopment in Florida, Teohnioal Report No.1, Florida Game and Frosh Water Fish Commiccion, 1987. i" .. Ecology and Ele'..elopment Rolated Habitat Requiromontc of tho Florida Sorub Jay (!"pheloeoma eool'uleseel1s), Toc,hnioal Report No.8, Florida Garno and Fresh W3ter Fich Commicsion, 1991. D. Protective measures. All developments subject to this section shall adhere to the following: 1. General. a. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. b. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. c. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. d. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. e. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the habitat of that listed species, as provided in section 4.06.04. f. Management Plans shall contain a monitoring program for developments greater than 10 acres. g. Letters of technical assistance from the FFWCC and/or recommendations from the USFWS shall be deemed to be consistent with the GMP. Other forms of technical assistance from the FFWCC and/or USFWS shall be acceptable based on the nature of the 17 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:tril~etl:lrebl!31:l is sblrrent tent tEl Be aelated. Bold text indicates a defined term evaluation. E. Single-family platted lots or construction of a sinqle-familv home, includinq accessory uses and structures, on a lot of record, seven and one half (7 1.(2) aores or less in ~ shall be exempt from the requirements set forth in sectionj! 3.04.02 A, C. E, F, G 8-c and 3.04.03, but shall complv when required as part of the subdivision in which they are located when these lots 3ro not a part of a provioUE: development whioh haE: boon requirod to oomply 'o','ith E:eotion d.04.02 B. However, gopher tortoises E:hall bo proteotes pursuant to thiE: seotion. Other aqency approvals may be required in accordance with 10.02.06 C. 3.04.02 Species Specific Requirements On property whero tho 'Iiilslife survey establiE:heE: th3t listos E:peoies aro utilizing tho E:ito or where tho E:ito ie oapable of supporting Iietes spooioe ans E:uoh Iietos spoeioe oan be antioipatos to potontially oooupy tho cite, the County E:h311, consistont with tho GMP, oonsisor and utilizo rocommensations 3nd letters of teohnic31 aE:E:istanoo from tho Florida Fish and Wilslifo ConE:ervation CommiE:eion and reoommonsations from the U.S. FiE:h and Wildiife Sorvioe in iE:E:uing development orders. It ie reoognized that those agonoy reoommendations, on a oaso by 03S0 basis, may ohango the require montE: oontaines herein and 3ny E:uoh oh3ngo E:hall bo deemed to be ooneiE:tent with this Cose. Wildlife habitat manaqement plans for listed species shall be submitted for County approval. A plan shall be required for all proiects where the wildlife survey indicated listed species are utilizinq the site (other than for occasional use by non-resident species such as wadinq birds) er if required by state and federal permit requirements. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuinq development orders on property containinq listed species. It is recoqnized that these aqency recommendations, on a case by case basis, may chanqe the requirements contained within these wildlife protection policies and any such chanqe shall be deemed consistent with the Growth Manaqement Plan. The following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00: A. Gopher Tortoise (GophoruE: polyphemue Gooherus oolvohemus). 1. All native habitats occupied by gopher tortoises, their habitatE:, and the associated listed commensals are hereby protected. 2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, molest, pursue or attempt to engage in any such conduct, any gopher tortoise, and to alter, destroy, or degrade the functions and values of their burrows or n3tural habitat, unless otherwise provided for in this section. 3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. 4. PorE:onnel authorizes by the FFWCC or the County m3Y house am:! 18 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Text ~trikethr8l:lElt-l is GblrrelRt tent to eo aelateQ. Bold text indicates a defined term relocate tortoisos, as necoss:Jry :Jnd provided for in this section. Relocation shall be permitted and executed accordinq to FFWCC Gopher Tortoise Permittinq Guidelines. 5. When gopher tortoises are identified on-site, a habitat protection and/or management plan or off-site relocation plan. as prepared bv a FFWCC permitted Authorized Gopher Tortoise Relocation Aqent. shall be submitted to the County Manager or designee for review and approval. 6. The on-site habitat protection and/or management plan shall include, but not be limited to, the following items: a. A current gopher tortoise survey no more than 6 months old or within the time frame recommended bv the FFWCC, which 6flaIl may be field-verified by planning services staff the County Manaqer or desiqnee. b. A proposal for either maintaining the habitat for the population if! f'laee on site or relocating it the existinq population to a qopher tortoise recipient site permitted bv the FFWCC. c. A If preserved on site, a site plan identifying the boundaries of the gopher tortoise preserve. d. The method of relocation, if necessary. e. The proposed supplemental plantings, if needed. f. Detail2 of the construction and maintenance of gopher tortoise preserve fencing to protect tortoises durinq construction. g. An annual maintenance plan describing exotic removal and vegetation management. h. Identification of persons responsible for the initial and annual protection and/or management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall and maximum allowable density of qopher tortoises shall be in accordance with the parameters identified in Gopher Tortoise Manaqement Plan and Gopher Tortoise Permittinq Guidelines utilized bv the FFWCC be dosign:Jted on the sito plan at the timo of tho first de'/elopment order submittal. Suitable qopher tortoise habitat preserved on site shall be desiqnated on the site plan at the time preserves are established and shall be credited to the preservation requirement as speCified in soction 3.05.00 of this WG. i. Habitat manaqement and monitorinq to ensure habitat within the preserve is maintained in accordance with the parameters identified in Gopher Tortoise Manaqement Plan and Gopher Tortoise Permittinq Guidelines utilized bv the FFWCC. 19 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text 5:trikethrGl.lElR is Gl.lrreRt tent tG tie Glelete6t. Bold text indicates a defined term i. Methods identified to protect tortoises from roadways. domestic animals. or other possible danqers, if needed. 7. SuitiJble habitat shiJlI be defined iJS hiJving tho following characteristics: a. The presence of well drained, sandy soils, which iJllow easy Burrowing for gopher tortoises. b. Approprklto horb3ceous ground cover (if not present, supplemental food sources shall Be pliJnted). c. Generally open canopy and sparse shrUB cover, which allow sufficient sunlight to reach the ground. d. Typically, includes the presence of an existing gepher tortoise populiJtion. g. Off site relocation plans shall be permitted to meet all or PiJrt of the on site gopher tortoise hiJBit3t proserv3tion requirements under the following circumst3nces: 3. 'Nhere suitiJble h3bit3t does not exist on site; B. 'Nhere a property owner meets the minimum on site native '..e!letation preservations raquireR1ents of this LDC '.'lith jurisdiGtioniJl wetlands, and cannot provide 3ppropriate haBitiJt for gopher tortoises as described iJBove; or c. Where scientific d3t3 h3S been presented to the County Manager or dosignee, 3nd an emironmental profossional opinion is rendered thiJt the requiroment to provide the roquired on site gopher tortoise haBitat preservation 3ra3 'o'.'ill not Be conducive to the long term health of the on site population of tortoises. 9. If on off site relocation plan is authorized under one (1) or mora of the 3Bove conditions, approval of such 3 plan and associated St3te permit, shall Be OBtained froR1 the FFWCC. Whem appropriate, 0 comBination of on site preservation and off site relocation may be considered. 10. When relocating tortoises on sito, tho density shall 130 reviewed on a CiJse BY case Basis, iJnd no R10re than five (5) tortoises per acre will Be considered a suitaBle density, 7~. When identifying the native vegetation preservation requirement of section 3.05.07 of this LDC for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises' preserves. /'.11 gopher tortoise preserves shall Be plattod with protectivo covenants, 35 required by this section ::md section 3.05.07 H of this LDC or, if the 20 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text €trikethFGlJ€lh i& SblFFeAt tellt to be EialeteEl. Bold text indicates a defined term project is not platted, shall provido such language on the approvod sito development plan. It shall be a priority to preserve scrub habitat, when it exists on-site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off-site. ~~. 6!LgGopher tortoises shall be removed captured and relocated from within the development footprint all activo and inactive burro'....s locotod within tho area of construction prior to any site improvement. in accordance with FFWCC quidelines and the protection/management plan approved by County Manager or designee. Hiqh densities of hatchlinqs and iuvenile tortoises are often found in dense thickets of low qrowinq veqetation in habitat where existinq qopher tortoises and their burrows are located. The location of thickets potentially used by hatchlinq and iuvenile qopher tortoises shall be identified in the protection/manaqement plan and any qopher tortoises within these areas shall also be relocated. 1 J. Exomptions. Singlo klmily platted lots seven and one half acros or loss in sizo, shall be exempt from the requiremonts sot forth in subsections 5 through 11 abovo, when these lots ore not a part of a previous development which has been required to comply with subsections 5 through 11. HO'Novor, gophor tortoisos shall be protected pursuant to 1. J. above. B. Sea Turtle Protection. 1. The purpose of this section is to protect the threatened and endangered sea turtles that nest along the beaches of the County, by safeguarding sea turtle hatchlings from sources of artificial light, and adult and hatchling sea turtles from injury or harassment. The County shall adhere to state and federal guidelines for the protection of sea turtles. 2. The requirements of this section apply when development or lighting associated with development is located within three hundred (300) feet of coastal mean high water; when parking lots, dune walkovers, or other outdoor lighting is proposed; and when reflective surfaces that will be illuminated by outdoor lighting will be visible from the beach. a. Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. b. All lighting, including wall-mounted fixtures, pole lighting, lights on balconies, and any other type of lighting not specifically referenced by this section. shall be of low intensity. and shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. c. Low profile luminaries shall be used in parking lots, and such lighting shall be fitted with hoods or positioned so that the light 21 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril,ethral.l(3h is Sl;meRt text t8 88 dalateQ. Bold text indicates a defined term sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. d. Dune crosswalks shall utilize low profile shielded luminaries directed and positioned so that light sources, or any reflective surfaces illuminated by such sources shall not be visible from the beach. dQune crossover lighting shall be limited to the area landward of the primary dune. e. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. f. Plates of tinted glass are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry-approved light transmittance value of forty- five (45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. g. Temporary security lights at construction sites shall not be mounted more than fifteen (15) feet above the ground. Light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. 3. For existing development, existing structures with any light sources, or reflective surfaces illuminated by such sources, that are visible from the beach, shall be in compliance with the following: a. All lights shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, or fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. b. Lights illuminating dune crosswalks shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, and must be modified to conform to the requirements for new development in accordance with section 3.04.03(8) of this section. c. Security and emergency exit lighting shall follow the same requirements stated in section 3.04.03(C)(1) of this section. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. d. At least one (1) of the following measures shall be taken, where applicable, to reduce or eliminate the negative effects of interior light emanating from doors or windows within the line of sight of 22 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text stril'CethroloJ€Jt-l is Sl.lFFent text t9 se deletes. Bold text indicates a defined term the beach, where lights currently illuminate the beach: i. In windows facing the Gulf of Mexico, and all inlet shorelines of these beaches, tinted window treatments are required for windows that are visible from the beach so that indoor lights do not illuminate the beach. The tinted glass shall be any window or glazing that has an industry-approved light transmittance value of forty-five (45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. ii. Rearrange lamps and other movable fixtures away from windows. iii. Use window treatments, including, but not limited to, blinds and curtains, to shield interior lights from the beach. iv. Tum off unnecessary lights. 4. All publicly owned lighting with light sources that are visible from the beach, or that illuminate reflective surfaces that are visible from the beach, shall be tumed off after 9:00 p.m. between May 1 and October 31 of each year, or shall be fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, are not visible from the beach. 5. It shall be unlawful, during the nesting season, to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. a. If sea turtle nesting occurs within 100 yards of the construction, measured parallel to the shoreline during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that moming. b. Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the applicant. c. Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, must maintain the natural existing beach profile, and minimize interference with the natural beach dynamics and function. d. Construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, 23 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text tstriltstRrelolQh its Gl:lrreRt text to Be aeleteQ. Bold text indicates a defined term groins, or jetties, shall not be permitted during sea turtle nesting season on any County beaches, except if permitted structures are damaged by a named storm or other declared natural disaster and the following conditions are met: j-t. Minor Repair Work. Minor repair work (boards need to be nailed back to the existing intact structure, or &-few less than 10 percent of the boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying Collior County Environmental Sorvicos the Countv Manaqer or desiqnee of that work. Work must be completed within 12 months of the named storm or declared natural disaster. li~. Maior Repair Work. Prior to any repair work (greater than that described in j -t above) or reconstruction of any part of the structure, the following information shall be provided so that staff can determine if the major repair or reconstruction can occur prior to the end of sea turtle nesting season: a}~ The appropriate permit or authorization from FDEP, if required. b}~ The location of all known sea turtle nests. Community Developmont and Environmental Sorvices (CDES) stoff The Countv Manaqer or desiqnee will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries fGf of viable nests. c}~ A survey by a qualifiod consultant FFWCC permitted Authorized Gopher Tortoise Relocation Aqent locating any gopher tortoise burrows on site within 50 feet of tho structure proposed construction. Relocation of gopher tortoises will be required when the burrows are in harms way of the construction activity. d}~ Photographs of the site as it existed after the storm to document the conditions of the property. e}~ An aerial of the property showing the CCSL line. f} A copy of a CCSL variance or CCSL permit, if required, and building permit approving the original construction of the structure. g}~ Sea turtle nest locations will be reestablished using their previously recorded GPS locations and 24 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Telft striltetl::lrsu€JR is GlJrrent text to 138 aalates. Bold text indicates a defined term accuracy data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days from the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchlings. g 4. Minor structures, as defined by Florida Statutes Subsection 161.055, of the Coastal Zone Protection Act of 1985, shall be approved provided that they also comply with: la. Federal requirements for elevations above the 1 DO-year flood level, jjb. Collier County Building Code requirements for flood proofing, ills. Current building and life safety codes, ]yd. Collier County and State of Florida Department of Environmental Protection CCSLlCCCL regulations, '{e. Applicable disability access regulations of the American Disability Act (ADA), and '{[f. Any required Collier County zoning and other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein. 6. The following shall be obligations for all property owners who have had sand washed ashore (as a result of a storm) and deposited on the dune and seaward of the CCSL. As supported by GMP Conservation and Coastal Management Element Objective 10.4 and Policy 10.4.8, construction seaward of the CCSL shall not interfere with sea turtle nesting, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation and help in the restoration of natural functions of coastal barriers and beaches and dunes. The property owner may be prohibited from removing the deposited sand when it is determined that the wash over was a part of the natural rebuilding of the beach and dune system. Only native salt tolerant beach or dune vegetation may be planted on the deposited sand, after obtaining a Collier County CCSL permit. This shall not apply to sand washed over onto yards that have received the appropriate Collier County approvals for landscaping seaward of the CCSL (such as single family homes along Vanderbilt Beach). 25 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text etril{stRrSl:l€lR iE: Gl:lrrf.3Rt text ts l3e E1eletoa. Bold text indicates a defined term 7. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any species of sea turtle in Collier County or within its jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle. C. Florida Scrub Jay. H3bit3t prosorv3tion for tho Florida scrub jay (/\pho!ocoma coeru!osGORS) shall conform to the guidelines contained in Tochnical Roport ~Jo. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall alse provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi Species Recovery Plan, May 1999. D. Bald Eagle. For the bald eagle (Haliaeetus /eucocepha/us), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requiremonts sh311 be consistent '....ith the UFWS South Florida Multi Species Recovor; Pl3n, M3Y 1999. E. Red cockaded woodpecker Red-Cockaded Woodpecker. For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with tho UFIJ'/S South Florida Multi Species Recovery Plan, May 1999. F. Florida bl3ck be3r Florida Black Bear. In areas where the Florida black bear (Ursus arnericanus f1oridanus) may be present, the management plans shall require that garbage be placed in bear-resistantJ*69f containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. G. Panther. For projects located in Priority I 3nd Priority II Panther Habitat 3re3S Primarv and Secondarv zones, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis con c%r caryl) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU district shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire- adapted preserved vegetative communities and provide browse for white-tailed deer. Thoso requiremonts shall be consistent with tho UFWS South Florida 26 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2}.doc Text underlined is new text to be added. T8Jet 6tril~8tl:1r:e1:l~h ic GblFrSRt text ta be EtsletaG1. Bold text indicates a defined term Multi Specim: Recovory Plan, May 1999, and with the provision>: set forth in this soction. H. West Indian Manatee. The management and protection ~ requirements based upon the Manatee Protection Plan for the West Indian Manatee manatee (Trichechus manatus) are set forth in section 5.05.02. (Ord. No. 05-27. 93.J) 3.04.03 Reauirements for Protected Plants When habitat containinq the followinq listed plants is proposed to be impacted. plants listed as Rare and Less Rare (below) shall be relocated to on-site preserves if the on-site preserves are able to support the species of plants. Relocation of epiphytic species of plants listed as Rare and Less Rare (below) shall only be required for plants located within eiqht feet of the qround. Plants listed as Less Rare shall be relocated to the on-site preserves only if the preserves do not already contain these species. When available. only two plants per species per acre of plants listed as Less Rare are required to be relocated. UP to a maximum of ten plants per species per preserve. When available. seed from Tillandsia may be transferred to trees in lieu of relocation of plants. Other than for Tillandsia. the species of plants listed below may be planted within preserves from nurserv qrown stock in lieu of relocation. Sites infested with exotic species of Metamasius weevil which feed on Tillandsia. shall not be allowed to relocate Tiflandsia species. Plants listed in this section shall not require the land in which they are located to be placed in a preserve. Rare Plants: Cowhom orchid Curtiss's milkweed Florida clamshell orchid Ghost orchid West coast prickly apple Cvrtopodium punctatum Asc/epias curtissii Encvclia coch/eata Po/vrrhiza lindenii Harrisia qracilis Less Rare Plants: Butterfly orchid Giant wild-pine Inflated wild-pine Stiff-leaved wild-pine Twisted air plant Encvclia tampensis Tillandsia utricu/ata Tiflandsia ba/bisiana Tillandsia fascicu/ata Tillandsia f/exuosa Where c1earinq of veqetation is needed for habitats requirinq fire or for activities needed to simulate fire. epiphytic plants listed above should not be relocated into these habitats. Epiphytic plants may be removed from preserves if located on veqetation required to be removed as part of an approved preserve manaqement plan. 3.04.03 3.04.04 Penalties for Violation: Resort to Other Remedies Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined. or imprisoned, or both. as 27 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. TElJlt 6tril(stt~FGl:lFJR is c~rrent text tEl l3a eslates. Bold text indicates a defined term provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualifiod consultant FFWCC permitted Authorized Gopher Tortoise Relocation Aaent, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this section. 28 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Text strikett-lr81d€Jt-l iE: GIdFFeAt text t8 se Eteletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LDCI:35 LDC3:28.1- LDC3:28.2 LDC SECTION(S): 1.08.02 Definitions 3.05.07 Preservation Standards CHANGE: Revise the "native vegetation definition" in accordance with the new definition adopted with the EAR-based GMP amendment to Conservation and Coastal Management Element (CCME) Policy 6.1.1 (1). Clarify how the "native vegetation definition" is applied to partially cleared sites with native trees, and where the understory which has been converted to lawn or pasture. Clarify single-family preserve setback requirements. Revisions to address concerns of stakeholders Add exceptions to the native vegetation retention standards for clearing associated with public roadways, existing access and utility easements, and previously cleared areas for support of public infrastructure. REASON: The change in "native vegetation definition" is required as part of the EAR-based GMP amendment to CCME Policy 6.1.1 (1). Policy 6.1.1 (I) states the following (underlined/strike through version provided): "For the purpose of this policy, "native vegetation" is defined as a vegetative community having +,)-25% or less more canopy coverage or highest existing vegetative strata of melal,mca or otner invasive exotic native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition." Currently the LDC or GMP contain no criteria on how the native vegetation definition is applied to partially cleared sites with native trees and where the understory has been converted to lawn or pasture, thereby requiring staff to apply the definition on a project by project basis based on 29 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril<etRr8l.:lgR ie; sl:Irrent tm!t to l3e a8late8. Bold text indicates a defined term canopy coverage or vegetation count. Identifying these areas as native vegetation requires all missing strata be replanted, if the areas are used to satisfy the native vegetation retention requirement of the GMP and LDC. Some stakeholders argue that this penalizes property owners who have left trees in place for shade or other reasons. Clarifying how this type vegetation will be retained will help both staff and applicants during the pennitting process. In order to address these concerns, stakeholders have proposed requiring native trees to be retained in instances where the understory has been cleared and converted to lawn or pasture. The benefit of retaining these native trees would be retained without applying the more strict requirements for preserves. To address the concerns of the stakeholders, staff has included two categories in the amendment for identifying native vegetation; native vegetative communities and native trees. Identifying native vegetation into these two type categories is also how Lee County addresses this requirement. In recognition that native vegetative communities do contain naturally occurring open areas with little or no vegetation and that some species of wildlife use these areas, fire and fuel breaks within preserves have been identified as counting towards the minimum native vegetation retention requirement for the County, provided that these areas are kept to a minimum necessary in accordance with standard forestry practice. This has been added in the amendment to address the concerns of stakeholders for managing fire within preserves located adjacent to homes and other structures. The LDC currently required 80 percent vegetative coverage for created preserves and supplemental plantings within preserves, within a 2 year period following initial planting and to be maintained in perpetuity. Change made to clarify single-family preserve setback requirements. Unless otherwise required in the RFMU District, single-family residences are exempt from the native vegetation retention requirements and from having on site preserves, but not from preserve setback requirements. Exceptions have been added to the native vegetation retention standards, for clearing associated with public roadways, existing access and utility easements, previously cleared areas for support of public infrastructure, and vegetation used for landscaping. This is in keeping with the intent of CCME Policy 6.1.1 (II). Policy 6. 1.1 (11) states the following: Right of Way acquisitions by any governmental entity for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area, shall be exempt from mitigation requirements. FISCAL & OPERATIONAL IMPACTS: How the native vegetation definition is applied will have a direct affect on the amount and of native vegetation required to be retained on site and in turn affect on the amount of land which can be developed. On the other hand, retained native vegetation within developments has esthetic value and often enhances property values. Creating a separate category for retention of native trees will enable the County and property owner to retain existing native trees where only native trees occur on a property. This will relieve 30 C:\Temporary Internet Files\Content.Outrook\M2XOPTYF\OSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikethrc.:ll;lEJh is; GurrelRt teld to 138 aeletes. Bold text indicates a defined term the property owner of the burden of having to restore the property to its original condition and from the more stringent requirements for preserves (native vegetative communities). RELATED CODES OR REGULATIONS: None affected. GROWTH MANAGEMENT PLAN IMPACT: Changes made to address EAR-based GMP amendments to CCME Policies 6.1.1 (1) and 6.1.1 (11). OTHER NOTES/VERSION DATE: Created August 12,2009. Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references such as those listed identified in section 4.06.05G. Where this Cese refers to, or requires retentien of, existing native vogetation, the term native vegetation is further sefined as a vogetative community having 75% or locs canepy coverage of melaleuca er other invasive exotic plant species. * * * * * * * * * * * * 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. The followinq criteria shall be used to administer the preservation standards in all unincorporated areas of the Countv. 1. Native veqetative communities. The preservation of native vegetation shall include all naturallv occurrinq strata includinq canopy, under-story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in cection 3.05.07 H.1.e. The term native veqetation is further defined as a veqetative communitv havinq 25 percent or more canopv coveraqe or hiqhest existinq veqetative strata of native plant species. In the absence of other native strata. herbaceous veqetation not tvpicallv associated with the re-qrowth of native veqetative communities. commonlv known as weeds. shall not be considered native veQetation for the purpose of preservation. 2. Native trees. Where a propertv has been leqallv cleared and onlv native trees remain and the native qround cover replaced with lawn or pasture. then onlv the native trees shall be retained. The percent requirement of 31 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. TelH stril{ethFe1::l€lR ilS G1::lrr8Rt text te 88 asletes. Bold text indicates a defined term native trees reauired to be retained shall be bv tree count based on the percent reauirement for native veQetation pursuant to 3.05.07 B. Onlv trees with an 8 inch DBH or areater. or palms with a minimum of 8 foot of clear trunk. shall be used in calculatina this reauirement. Native slash pine trees shall be retained in clusters. if the trees occur in clusters. with no encroachment (soil disturbance) within the drip line or within 30 feet of the trunk. whichever is areater. of anv slash pine or hardwood tree. Encroachment within these distances shall reauire evaluation bv an arborist to help insure survival of the trees. Trees which die shall be replaced with 10 foot hiah native canopv trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10-foot hiah native canopv trees. Areas of retained trees shall not be subiect to the reauirements of 3.05.07 H. Where trees cannot be retained. the percent reauirement of trees shall be made UP elsewhere on-site with trees planted in clusters utilizina 10 foot hiah native canopv trees planted on a one for one basis. Where native trees with a DBH of two feet or more cannot be retained. a minimum of three 10-foot hiah native canopv trees shall be planted per tree removed of this size. Trees planted to satisfv this reauirement shall be planted in open space areas eauivalent in size to the area of canopv of the trees removed. This planted open space shall be in addition to the area used to satisfv the minimum landscape reauirements pursuant to 4.06. In lieu of usina actual canopy coveraae, the followina averaae diameter for tree canopies may be used to calculate canopy coveraae of existina trees: slash pine 40 feet, cypress 25 feet. live oak 60 feet and cabbaae palm 10 feet. Open space areas not normallv planted with trees. such as stormwater retention areas or lake banks not planted to meet the LSPA reauirement. may be used to satisfv this reauirement. Trees planted to satisfy this reauirement shall be set back a minimum of 30 feet from principal structures and impervious parkina areas. ~~. Areas that fulfill the native vegetation retention standards and criteria for native veaetative communities of this Section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. ~ f(lmily resiElences (Ire mmmpt from the requirements of section d.08.07 H. d1. Native vegetation to be retained as preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3, and 3.05.07 G.3.cr.: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Xeric Scrub, Dune and Strand. Hardwood Hammocks; c. Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; 32 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text 6tril~8thrGl.I€lh is Eil.lrr8Rt text telae aeleteEt. Bold text indicates a defined term d. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; e. Dry Prairie, Pine Flatwoods; and f. All other native habitats. 49.. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. 5. To tho greatest extent possible, native vegetation, in quantities :md types set f.orth in section 4.0s.00, shall be incerporateG into lanGscape designs in orGcr to promote tho presorvation of native plant communitios anG to encourago water conservation. 6. Where veoetation has been leoallv cleared. the amount of native veoetation used to calculate the preservation reouirement will be that amount present at the time of development order or land use petition application. Where veoetation has been illeoallv cleared. the amount of native veoetation used to calculate the preservation re~uirement will be that amount present at the time prior to the illeoal clearino. Criteria to determine the process and criteria for the clearino are found in Sections 10.02.06 and 3.05.05. a. Re-creation of native veoetation shall not be reouired when any one of the followino criterion is met: i. The parcel was issued a County permit to clear veoetation and remains cleared of native veoetation. ii. The parcel was issued a County permit to clear veoetation for aoricultural purposes prior to July 1993 (the date at which the 10 year aoricultural clearino rezone limitation previously identified in the GMP is achieved) and which remains cleared of native veoetation. iii. If no c1earino permit can be found. demonstrations of continuous bona fide aoricultural operation alono with issuance of an after-the-fact aoricultural c1earino permit from the County will be evidence of leoal clearino. Demonstrations of continuous bona fide aoricultural activities may include aoricultural classification records from the property appraiser's office; and may be supported by dated aerial photooraphs; occupational license for aoricultural operation; SFWMD consumptive use permits for the onooino aoricultural use or other information such as sworn testimony from previous owners which establishes the commencement date and the location of the aoricultural operation. The rezone limitation pursuant to 10.02.06 shall apply. 33 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. TEn(t f>triketRFGI:l€lR if> Glo.lITent t8)(t 18 tie roieleteroi. Bold text indicates a defined term 7. Unless otherwise reauired in the RFMU District. sinale-family residences shall be exempt from the native veaetation retention reauirements and from havina on site preserves. Setbacks to preserves shall be in accordance with 3.05.07 H. 8. Development standards pursuant to section 4.02.14 shall apply to all development. includina sinale-family. within the ACSC. 9. Created preserves are allowed subiect to the criteria in 3.05.07 H. 10. Fire and fuel breaks within preserves. kept to the minimum necessarv in accordance with standard forestrv practice. shall count towards the minimum native veaetation retention reauirement. B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the dovolopmont occurs within the ^CSC where tho ^CSC standards reforenced in the Future L::md Usa Eloment shall apply. This Section shall not apply to single family dwelling units situated on individual lots or parcels. 1. Required preservation. Development Type Coastal High Non-Coastal High Hazard Area Hazard Area Less than 10% Less than 5 10% 2.5 acres acres Equal to or Equal to or greater 25% greater than 5 15% Residential and Mixed acres and less Use development than 2.5 than 20 acres acres Equal to or 25% greater than 20 acres Golf Course 35% 35% Less than 5 10% Less than 5 10% Commercial and acres acres Industrial development Equal to or and all other non- Equal to or speCified development greater 15% greater than 5 15% types than 5 acres acres Industrial development 50%. not to 50%. not to exceed (Rural-Industrial District exceed 25% of the 25% of the project only) project site site. 34 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Text Btril~ethFeIJ@h is GldrreAt tel:t t8 l3e aeletes. Bold text indicates a defined term 2. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: a. where the parcel was legally cleared of native vegetation prior to January 1989 and remains cleared of native veaetation; b. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07(H)(1 )(e). c. Riqht-of-wav acquisitions bv any qovernmental entity for all purposes necessarv for roadway construction. includinq ancillarv drainaqe facilities. and includinq utilities within the riqht-of-wav acquisition area. d. Existinq utility easements and easements for inqress or eqress required for neiqhborinq properties. e. Previouslv cleared parcels for support of public infrastructure. and which remain cleared of native veaetation. f. Trees and other veqetation planted for landscapinq and which have not been used to satisfy the native veqetation preservation requirement. * * * * * * * * * * * * 35 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikett:lfs'd€lR is Sl::IrreRt t81ft \s 138 aeletea. Bold text indicates a defined term This page intentionally left blank. 36 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text stril'.ethrebl€lh i~ c\:meAt tent t8 sa deJ.e.te€k Bold text indicates a defined term LDC Amendment ReQnest ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LDC3:35 - LDC3:36 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Include language to encourage the largest contiguous area possible when establishing preserves. REASON: Implement the requirements of GMP Conservation and Coastal Management Element (CCME) Policy 6.1. 1 (2). CCME Policy 6.1.1 (2) states the following (underlined/strike through version provided to identify changes adopted with the EAR-based GMP amendments): "The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, which mav include connection to offsite preserves. The purpose for identifving the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat bv reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code." The proposed language to discourage "thin linear and perimeter "picture frame-shaped" preserves" has been proposed by one of the stakeholders. During the 2008 LDC amendment cycle, staff proposed establishing a minimum length to width ration for preserves, which the CCPC determined as not meeting the intent of the GMP. FISCAL & OPERATIONAL IMPACTS: Selection of preserves is a part of the planning process for development and their location will have an effect on the design of a project. During planning of a site, project planners first identify the natural features and constraints for a site and work with these in designing the project. Natural amenities of a site are often selling points which enhance the overall appearance of a project and property values within the development and surrounding community. This is particularly evident for larger scale projects with well managed preserves of significant size. Smaller projects and those which are more intensely developed are affected more by site constraints. Smaller projects often propose establishing preserves around the perimeter of a 37 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikett::u:el-:lgI:J is Gl;Jrrent text te l3e E1eleteEl. Bold text indicates a defined term project to double as a landscape buffer, in order to maximize development of a site. Although these buffer-shaped preserves look nice, at least initially, they tend to lose species composition over time mainly due to incompatible land uses on the adjoining property. In time, less tolerant species of plants die and are replaced with more tolerant species, such as those used for landscaping, and the preserve looks and functions more like a planted landscape buffer rather than a native vegetative community. These linear buffer-shaped preserves are also not consistent with the intent of CCME Policy 6.1.1 (2), to reduce of the interface between the preserve and other land uses. In recognition that smaller projects and those with more intense land uses have more site constraints, off-site preserve criteria have been identified and included in this LDC amendment cycle. The off-site preserve LDC amendment will allow property owners to request that all or a portion of the native vegetation retention requirement be allowed offsite in lieu of preserving native vegetation on-site, under certain criteria. Additional up front costs will be incurred upon the applicant to exercise the off-site alternatives, but those that do will be able to develop more of their property, and no maintenance of on-site preserves would be required. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based GMP amendment to CCME Policy 6.1.1 (2). OTHER NOTES/VERSION DATE: Created August 24, 2009. Amend the LDC as follows: 3.05.07 Preservation Standards * * * * * * * * * * * * H. Preserve standards. 1. Design standards. a. Identification. Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner: i. The Preserve shall be labeled as "Preserve" on all site plans. ii. The Preserve shall be identified at the time of the first development order submittal. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. 38 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. =fOld stril~etl:lrebl€lR is Gblrrent toxt tel3e E.leletaGl. Bold text indicates a defined term iii. The Preserve shall be identified at the time of the first development order submittal. b. Minimum dimensions. The minimum .....idth of the pr-ecerve shall 9&. Thin linear and perimeter "picture frame-shaped" preserves are discouraqed. unless such preserve shapes are dictated bv environmental or environmental requlatorv considerations. Connections to other preserves. conservation areas. natural flowways. natural water bodies. water manaqement lakes. estuaries. qovemment owned or tarqeted lands for preservation purposes or existinq listed wildlife habitat. when present. is encouraqed to establish the larqest contiquous natural area possible. The followinq minimum widths shall apply. i. twenty feet. for property less than ten acres. ii. an average of thirty feet in width but not less than twenty feet in width. for property equai to ten acres and less than twenty acres. iii. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. iv. If the existinq native veqetation does not meet the minimum dimensions specified above and is required to be preserved pursuant to the preserve selection criteria in section 3.05.07. then the existinq native veqetation may be used to satisfy the preservation requirement. * * * * * * * * * * * * 39 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text Etrikethrsl:l13R is GblrrsRt text to l3e E.leleteGl. Bold text indicates a defined term This page intentionally left blank. 40 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. ::rext stril~8thrGblQh is CldrreRt teJct te be G1eleteB. Bold text indicates a defined term LDC Amendment Reauest ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LDC3:36 ~ LDC3:38 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Amend criteria for the creation and restoration of native vegetation. Include criteria for off-site native vegetation retention alternatives. REASON: The amendment for creation and restoration of native vegetation is required by the EAR-based GMP amendment to CCME Policy 6.1.1 (12). Policy 6. 1 . 1 (12) states the following: "Although the primary intent of this Policv is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policv is not possible. In these cases, creation or restoration of vegetation to satisfv all or a portion of the native vegetation retention requirements mav be allowed. Within one vear of the effective date of these amendments. the County shall adopt land development regulations to determine the circumstances for when creation or restoration is allowed and to specify criteria for creation and restoration." The amendment for off-site native vegetation retention alternatives is required by the EAR-based GMP amendment to CCME Policy 6.1.1 (10). Policy 6.1.1 (10) states the following: "Within one year of the effective date of these amendments, the County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site: 41 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikethrel:l€lR is GI::lFreRt text to Be aelates. Bold text indicates a defined term b. The presence of conservation lands adioining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessarv for roadway construction, including ancillarv drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetarv value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site. " FISCAL & OPERATIONAL IMPACTS: Limiting the amount of native vegetation that can be created on a site may affect site planning and consequently may have a financial affect on applicants (both government and private) who want to develop their property. This is particularly true for sites with more site constraints. Off-site alternatives to the on-site native vegetation retention requirement will allow applicants to develop more of their property. Additional costs will be incurred by the applicant to exercise the off-site alternatives, but those that do will be able to develop more of their property. The following is an estimate on what it costs to create native vegetation in preserves according to County standards, as provided by a consultant who has done this work before in the county. Actual costs will vary due to market conditions, contract negotiations, etc. . "Clearing & grubbing of vegetative sites can cost +/- $3.500.00 per acre if you are allowed to burn the debris onsite. The costs will increase to +/- $8.500.00 per acre if you have to haul the debris to an offsite landfill. Clearing & grubbing of fallow farm fields will probably cost +/- $1,200 - $1,500.00 per acre. This cost is assuming that there is minimal debris that can be either be burned or buried, and discing may also be used to replace grubbing. . Contouring & final grading is hard to give an actual estimate without knowing elevations and actual CY of dirt that will be moved. Another factor that will influence the costs is if fill needs to be imported or exported from the site. and the distance that is traveled to do so. But. to scrape and stockpile the topsoil it will cost +/- $0.25 - $0.50 per SF. In addition, you typically see a cost of $1.50 - $2.50 per CY for spreading and/or pushing fill around a site. Final grading will vary due to extent of contouring required. but that cost is similar to stockpiling the topsoil. . Tree installation based on Collier County LOC requirements will run +/- $325.00 per tree. Per acre. you are required to install +/- 48 trees based on 30 foot spacing ($15,600.00 per acre). The unit pricing can be comparable to all the trees I will list. For created wetlands you will typically see bald cypress (dominant species). red maple and dahoon holly's installed. For uplands you commonly see slash pine (dominant species). live oak and red maples. . Shrub installation based on Collier County LOC requirements will run +/- $50.00 per unit. Per acre you are required to install +/- 1.742 shrubs based on five foot spacing ($87.100.00). Typical shrub species for wetlands are wax myrtle. button bush and 42 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text striketRr.sl:lgt:l is Cl;lrmnt text te Be deleted. Bold text indicates a defined term fetterbush. In uplands you can see installation of gallberry, fetterbush, wax myrtle, myrsine and saw palmetto. Please note that the $50.00 per shrub doesn't account for using saw palmetto. Saw palmetto at 7 gallon size will run you +/- $75.00 - $125.00 per unit. They are usually smaller than typical 7 gallon shrubs and it is usually hard to locate large quantities of saw palmetto in that size. . Groundcover installation based on Collier County LOC requirements will run +/- $3.00 per unit. Per acre, you are required to install 4,840 units at 3 foot spacing ($14,520.00). In wetlands you can use swamp fern, cinnamon fern, royal fern, pickerelweed, saw grass or blue flag iris. Upland groundcover can consist of wire grass, fakahatchee grass, cordgrass or even st. john's wort." Note: The number of plantings each for groundcovers, shrubs and trees in the estimate listed above will roughly be reduced by two-thirds since all three strata (groundcovers, shrubs and trees) will be planted, but with different spacing requirements for each strata. In consideration of the above and from input received from environmental consultants in the area, staff is proposing the following changes. Changes proposed have been made to improve the overall success of preserves which are created. Per direction received from the Planning Commission during the 2008 LDC amendment cycle, no changes have been made to the criteria for when created preserves are allowed other than for a single correction and the addition of criteria from input received from stakeholders. In general plant material within preserves are more successful when installed in smaller sizes, provided the plants are large enough initially to become established and be able to compete with vegetation present within the preserve. Slash pines, in particular have a higher success rate when planted in smaller sizes. Availability of larger plant material is another factor, especially for species like saw palmetto, slash pine and mangroves. Although smaller sizes are proposed in some instances, size specifications for created preserves are in keeping with GMP CCME Policy 6.1.1 (7) and with prior direction by the BCC, to use larger plant materials to more quickly re- create the lost vegetation after a site has been cleared. The proposed use of different size canopy trees creates a more natural type environment, as even age stands of trees typically do not occur in nature. Reducing the required size of canopy trees from fourteen feet to ten, eight and six feet should also eliminate the need for staking of planted trees within preserves. Smaller size trees will be less expensive overall for the applicant to purchase and install. Reducing the coverage requirements for canopy and mid-story vegetation for scrub and slash pine dominated environments has been proposed, to mimic natural conditions in these environments. Planting requirements for ground covers have been increased for species which are small in stature or which do not spread by rhizomes or creeping stems, to give the bare soil a faster period of recovery and to suppress the growth and occurrence of weeds. This is particularly important since canopy and mid-story requirements have been lessened to promote more natural conditions and the growth of ground covers. Only those strata naturally found in the plant community to be created are required to be planted in this amendment. Current Code requires all three strata (trees, shrubs & ground covers) to be planted. 43 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril'lethroblijR is E:blFreAt tant to l3e aelatea. Bold text indicates a defined term The amendment also proposes to require the use of naturally occurring soils within preserves. Restoration projects often fail or respond poorly on fill dirt which has been excavated due to the composition of subsurface fill material. The composition of the sand, PH and presence of organic material all make naturally occurring soils better suited for establishment of a native plant community. If not already present within the preserve, additional cost will be incurred upon the developer to stockpile or purchase compatible soil for use in the preserve. Savings will be gained in the long run on the part of the applicant or homeowners' association in not having to replace plant material and possibly excavated fill dirt, within preserves which have failed. A method of providing water within created preserves until the plants are established has been included in the amendment. Methods of watering are left up to the applicant and would only be required in uplands or wetlands with extended dry periods and only until the plantings are established. Additional cost will be incurred on the part of the applicant to insure planted material is adequately watered. The cost of replacing plants that do not survive due to lack of water could also potentially occur. Changes have also been recommended with regards to size plant material for supplemental planting within preserves. Since smaller size plant material is generally more successful for restoration projects, staff recommends that the size plantings permitted by the South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) be accepted to fulfill the supplemental planting requirements within County required preserves. Current Code required plants larger than that allowed by state and federal permitting agencies. Where County required preserves do not fall within the jurisdiction of the SFWMD or USACOE, or where uplands are not required by these agencies to be planted, criteria have been left in the Code to address these circumstances. Plant sizes proposed are comparable to those generally permitted by the State and Federal permitting agencies. Accepting State and Federal supplemental planting requirements for County required preserves will save time on the part of staff in reviewing projects, since the planting criteria will be the same. There will also be savings on the part of the applicant in not having to install larger plant material. Success criteria have been added to help insure that the preserves which are created or restored are successful. Success must be demonstrated at five years from planting and the criteria for determining success must be included in the monitoring report due at that time. Off-site alternatives to the native vegetation retention requirement have been added to allow for the purchase or donation of land off-site in lieu of preservation of native vegetation on-site. The criteria for determining when this alternative is allowed, is based on the provisions identified in CCME Policy 6.1.1 (10). Generally speaking, preserves which are smaller in size or those located adjacent to more intense land uses, tend to become less viable over time due to fragmentation of the habitat, uses on adjoining properties, and sensitivity of different types of native vegetation to changes in the environment. Although some species of vegetation can survive indefinitely, preserves impacted as such tend to look and function more like landscaping rather than a preserves over time. Often plants, such as slash pine, die after a few years, depending on the type of development and uses on adjoining properties. It is in these instances where the off-site purchase or donation ofland is recommended in lieu of preservation of native vegetation on-site. 44 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. :rent strilmthrol.lQI:l is SI.lrr€lRt text to Be Eleletes. Bold text indicates a defined term In accordance with CCME Policy 6.1.1 (10), the type uses for the property and restrictions on when the alternative can be used, have been considered. During stakeholders meetings for environmental LDC amendments, stakeholders asked if an amendment to a PUD or CU would be required in order to implement the off-site native vegetation retention alternative for property with an existing PUD or CD. In a response from the County Attorney Office it was indicated that language could be added to the proposed LDC amendment to allow for the off-site native vegetation retention alternative without the need for amending a PUD or CU, but that staff should consult with the Zoning and Land Development Review Department Director to see what effect it may have on zoning. Upon meeting with the Director of Zoning and Land Development Review Department, it was decided that the off-site native vegetation retention alternative could be used to satisfy up to 25 percent of the native vegetation retention requirement for a PUD, without the need for a PUD amendment, but only for that portion of the native vegetation retention requirement not included on the PUD master plan. Section 3.05.07 H.I.a.ii of the LDC currently requires a minimum of 75 percent of the native vegetation retention requirement to be shown on a PUD master plan. It was decided that where retained native vegetation is identified on a PUD or CU site plan, amendments to these site plans would be required, since elimination of the on-site native vegetation retention requirement may have an effect on decisions made during review of these petitions. According to the Collier County Community Development and Environmental Services Fee Schedule approved by the BCC on April 28, 2009, the following fees have been adopted for PUD and CU amendments. Since native vegetation retention requirements are sometimes also included in the text of the PUD document as well as on the PUD site plan, fees for amending these development orders will vary depending on the extent of changes needed. The amount (acreage and percent) of preserve affected will also determine the type of amendment required. Conditional Use Permit $4,000.00, when filed with a Rezone Petition ($1,500.00) Additional fee for 5th and subsequent reviews - 20 percent of original fee Planned Unit Development Amendment - Insubstantial (PDI) $1,500.00 requires a hearing by the CCPC only for a minor change to the PUD Master Plan Planned Unit Development Amendments (PUDA) $6,000.00 plus $25.00 an acre or fraction of an acre. (Substantial changes to the text and Master Plan), Additional fee for 5th and subsequent reviews - 20 percent of original fee. Text changes that do not impact the Master Plan $6,000.00 (the $25.00 an acre fee will not apply). Amendments deemed to be minor in nature that is requiring minor strike thru and underline amendments of no more than 10 different lines of text changes in the PUD will be capped at $9,000.00. Any amendment which includes a map and text change will be assessed the full fee (no cap). RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: The adoption of Land Development Code regulations to specify the criteria and to determine the circumstances when creation or restoration 45 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. T8J(t strihetRFOlJ@h is CldrrSFlt text ta Iae deletes. Bold text indicates a defined term native vegetation is allowed is required as part of the EAR-based GMP amendment to CCME Policy 6.1.1 (12). "Off-site native vegetation retention alternatives" are required as part of the EAR-based GMP amendment to CCME Policy 6.1.1 (10). OTHER NOTESfVERSION DATE: Created August 24,2009. Amend the LDC as follows: 3.05.07 Preservation Standards . . . . . . . . . . . . H. Preserve standards. 1. Design standards. . . . . . . . . . . . . e. Created preserves. Althouqh the primarv intent of GMP CCME Policy 6.1.1 is to retain and protect existinq native veqetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of veqetation to satisfy all or a portion of the native veqetation retention requirements may be allowed. In keepinq with the intent of this policy, the preservation of native veqetation off site is preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. i. Applicability. Criteria for determininq when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity allowing croated preserves include: (a) Where site elevations or conditions requires placement or removal of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) 'Nhere RiJtive preservation requirements cannot be accommodiJled, the landscafJe plan shall ro croate iJ nati'/o plant community in iJlIlhree str:lla (ground covere, shrubs and troos), utilizing larger pl:lnt 46 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. +axt strikett-lrsld€lh i~ Gl.IrreAt t8)(t t8 138 Elelet89. Bold text indicates a defined term materials so as to more quickly re create the lost mature vegetation. These aroas shall be identified as creatod preserves. To provide for floodplain compensation as required by the LDC. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with all three the appropriate strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. (q) To provide for connections to on or off site preserves. (h) In the RFMU District where upland buffers required by the LDC, lack native veqetative communities. ii. Roquired Planting CriteriQ: (a) Where created proserves are approved, the landscape plan shQII re create Q native plant community in all three strata (ground cover, shrubs and trees), utilizing IQrger plant matorials so as to more quickly re create the lost maturo vegetation. Such re vegetation shall QPply the standards of soction 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; sovon (7) gallon shrubs; fourteen (14) foot high troos with Q seven foot crown spread and a dbh (diameter at breast height) of throo inches. The spacing of the plQntG Ghall be as follows: twenty to 47 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Tel~t strikethrebl\3t-l is Gt;lrFent text t8 88 sslates. Bold text indicates a defined term thirty foot on center for trees .....ith a small canopy (less than dO ft. mature spread) and forty foot on center for treos .....ith a large canopy (greator th:m 30 ft. mature sproad), five foot en centor for shrubs and threo foot on centor for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not bo maint3inod as landscaping. Minimum sizes for plant material may be reducod for scrub and ethor xoric habitats where smaller sizo plant matorial are belter Guited for re establishment of the nativo plant community. iLtbJ Approved created preserves may be used to recreate: illf-B not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. Q2~ not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. !<lta1 not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. illf6j The minimum dimensions shall apply as set forth in 3.05.07H.1.b. iYta1 All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. f. 1'.lIowablo supplemental plantings. Supplemental nativo plantings in all throe stra13 may bo added to pr-eservo areas whero the removal of nen n3tive and/or nuisance vogotation creates open areas with lilllo or no native vogetation covor3ge. Plant matorial in these restoration m03S shall meot the following minimum size critoria: one gallon ground covers, three gallon shrubs 3nd six foot high trees. Plant m3terial shall bo plantod in 3 manner that mimics 3 natural plant community 3nd shall not be maintained 3S 13ndscaping. Minimum sizes for pl3nt material may be reduGed for scrub and othor )(eric habitats where smaller size plants matorial are bolter suited for ro ostablishmont of the native plant community. v. Preparer of plantinq plans. 48 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. TeHt stril{otRfOl:JQR is Sl:IFrElnt text ts be aeletes. Bold text indicates a defined term The preparer of plantinq plans for preserves shall have academic credentials and experience in the area of environmental sciences or natural resource manaqement. Academic credentials and experience shall be a bachelor's or hiqher deqree in one of the bioloqical sciences with at least two vears of ecoloqical or bioloqical professional experience in the State of Florida. vi. Plantinq requirements for created preserves. Soils compatible with the habitat to be created shall be used to create the preserve. Where compatible soils are not present. a minimum of 6 to 8 inches of compatible soil shall be used. Where created preserves are approved. the plantinq plan shall re-create a native plant communitv in all three strata (qround cover, shrubs and trees). utilizinq larqer plant materials so as to more quickly re-create the lost mature veqetation. Environments which do not normally contain all three strata shall only be required to plant the strata found in the habitat to be created. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscapinq. Such re- veqetation shall include the followinq minimum sizes: one qallon qround cover: 7 qallon shrubs: canopy trees in the followinq sizes: 25 percent at 10 feet. 50 percent at 8 feet and 25 percent at 6 feet. Spacinq requirements for calculatinq the number of plants shall be as follows: 20 to 30 foot on center for trees with a small canopy (less than 30 feet mature spread) and 40 to 50 foot on center for trees with a larqe canopy (qreater than 30 feet mature spread), 10 foot on center for shrubs. 3 foot on center for qround covers which spread by rhizomes or creepinq stems or which have a mature heiqht of 2 feet or more, excludinq the bloom, and 2 foot on center for qround covers with a mature heiqht of less than 2 feet. excludinq the bloom. and which reproduce primarily by seed. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re- establishment of the native plant community. Coveraqe of pine and hardwoods in scrub habitats shall occupy no more than the 70% of the area of a scrub preserve. in order to create natural open areas for wildlife and native qround covers. In south Florida slash pine dominated environments, where fire is a concern. the amount of mid- stOry veqetation planted may be reduced to promote the qrowth of native qround covers, reduce the threat of 49 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Taxt striketAr.sl:l€lh iE: CblrreRt text ta ee Elalates. Bold text indicates a defined term wildfire and to promote use of the preserve bv listed species. Three qallon container saw palmetto (Serenoa revens) mav be used in lieu of seven qallon containers. South Florida slash pine (Pinus ellloWI vaL densa) trees mav be planted in the followinq sizes: 25 percent at 6 feet and 75 percent at 4 feet. with a spacinq requirement of 40 feet on center for calculatinq the number of slash pines to be planted. Manqrove trees mav be planted as three qallon size containers but must be planted a minimum of five to seven foot on center for calculatinq the number of manqroves to be planted. if planted at this size. Ground covers in estuarine and other aquatic environments mav be planted as liners or bare root plants. Upland or seasonallv wet preserves with extended drv periods shall detail a method of providinq water until the plants are established. vii. Supplemental plantinq requirements within preserves. Supplemental plantinqs in the strata required to restore the habitat to its natural condition shall be added to preserves where prior c1earinQ or disturbance. or the removal of non- native and/or nuisance veQetation has created open areas with little or no native veqetation. Plant materiai shall be planted in a manner that mimics a natural plant communitv and shall not be maintained as landscapinQ. Supplemental plantinQs must be of the species tvpical of the native habitats beinQ restored and take into consideration the requirements of anv listed species usinQ the preserve. Areas defined as "native veQetation" pursuant to this section and required to be retained as preserves. shall onlv be required to plant material in the sizes specified in this subsection and not in the sizes required for created preserves. Supplemental plantinQs within preserves shall be in accordance with requirements specified in approved state and federal permits for a proiect. Where not specified in the State and Federal permits for a proiect. supplemental plantinQs within Countv required preserves shall adhere to the followinQ minimum standards: one Qallon or liner Qround covers. three qallon shrubs and four foot hiqh trees. Ground covers in aquatic environments mav be planted as bare root plants. Natural recruitment of native Qroundcovers mav be used in areas where native qroundcovers would be expected to 50 C:\Temporary Internet Files\Content.Outlook\M2XDPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text stril~8tRr..el.lQR is Gl.lFrElRt text tG be eteleteet. Bold text indicates a defined term reqenerate on their own. If within a two-year period the coyeraqe of qround coyers is less than that typically found in environments containinq these species. then supplemental plantinq with native qround covers or distribution of native seed shall be required. A plantinq plan with schedule for plantinq or distributinq native seed shall be included as part of the preserve manaqement plan. in case sufficient natural recruitment of qroundcovers has not occurred. Natural recruitment of south Florida slash pine (Pinus elliottii vaL densa) may be used where south Florida slash pine would be expected to reqenerate on their own. If within a two-year period the number of pine seedlinqs is less than that needed to reqenerate the habitat type. then supplemental plantinq with south Florida slash pine or distribution of south Florida slash pine seed shall be required. A backup plantinq plan with schedule for plantinq or distributinq seed shall be included as part of the preserve manaqement plan. in case sufficient natural recruitment has not occurred. South Florida slash pine trees may be planted as seedlinqs in lieu of plantinq four foot hiqh trees. for individual preserves 100 or more acres in size. Restoration of manqroves shall be with one to three qallon container manqroves. unless otherwise permitted by State and Federal permittinq aqencies. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re- establishment of the native plant community. Coveraqe of pine and hardwoods in scrub habitats shall OCCUpy no more than the 70% of the area of a scrub preserve. in order to create natural open areas for wildlife and indiqenous qround covers. viii. Success criteria. Success shall be demonstrated for created preserves and supplemental plantinq within preserves. 5 years after installation of plant material and shall be included with the monitorinq report. Before and after photos taken from specific or permanent field markers to identify the locations within the preserve shall be included in the above mentioned monitorinq report. Demonstration of success shall include the followinq. a) Eiqhty percent veqetative coveraqe has been attained within the preserve. 51 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:triltethreblQh is GblrrSRt text ts Be aalates. Bold text indicates a defined term b) Native veqetation is within the ranqe of species diversity. density and distribution documented within either reference sites or from literature references for the specific habitat types. c) Native veqetation characteristic of the habitat are reproducinq in the veqetative or seedinq manner tvpical of the species. d) When permitted throuqh the Water Manaqement District usinq UMAM. overall UMAM scores must indicate that the preserves have attained or are c1earlv trendinq toward the "with-mitiqation" scores used to determine success. f. Off-site veqetation retention. i. Applicabilitv. A property owner may request that all or a portion of the Collier County on-site native veaetation preservation retention requirement be satisfied offsite for onlv the followinq situations and subiect to restrictions listed below. a) Properties zoned commercial or industrial where the on-site preserve requirement is less than 2 acres in size. b) Park sites where the on-site preserve requirement is less than one acre in size. c) Essential service facilities other than parks. for any size preserves. d) Preserves less than one acre in size. e) Affordable housinq proiects with a BCC approved Affordable Housinq Densitv Bonus Aqreement. The maximum percent of native veaetation retention allowed offsite shall be no more than the percent of affordable housinq units allowed under the Affordable Housinq Densitv Bonus Aqreement without limitation as to size of the preserve. f) Existinq or proposed preserves with 75 percent or more coveraqe with exotic veqetation. Existinq preserves not previous Iv overrun with this type veqetation and which arrive at this state due to lack of manaqement of the preserve shall mitiqate off site at a ratio of 2 to 1. 52 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text Etrikett-lrSbI€lR i& Gblrr-eAt text ts 88 EieleteE.l. Bold text indicates a defined term 0) Created preserves which do not meet the success criteria in 3.05.07 H.1.e.viii or where preserves have not been planted in a manner which mimics a natural plant community. h) Preserve which do not meet the minimum dimensional reouirements of this section. i) Portions of preserves located within platted sinole- familv lots. il Where future planned public infrastructure. approved bv the BCC. reouire preserves to be located elsewhere. k) All criteria listed for created preserves. ii. Restrictions. when one or more of the followino situations occur. a) Xeric scrub and hardwood hammocks which are one acre or more in size. manorove (excludinq manqrove frinqes less than 40 feet in width on artificiallv created shorelines). coastal dune and strand environments. and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWS. shall not be allowed to have the on-site native veaetation preservation retention requirement provided offsite. b) Preserves shall remain onsite if located adiacent to or within natural f1owwavs. natural water bodies. estuaries. qovernment required preserves (not meetinq the offsite preservation criteria herein). NRPA's. or adiacent to property desionated for purchase bv Conservation Collier or purchased bv Conservation Collier. or adiacent to or within properties containino listed species nests. buffers. corridors and foraqinq habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section. natural flowwavs shall also include those identified durino wetland permittino with applicable state and federal aoencies. reoional drainaoe studies. or surface water manaoement permits. c) Remainino portions of on-site preserves must be a minimum of one acre in size and shall not meet the offsite criteria of sub-section 3.05.07 H.1.f.i.f) and 0) above. unless preserved with hioher qualitv habitat not oualifvino for the off-site native 53 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:tril~etRfGlJQh is CblFrSRt text 10 be deletes. Bold text indicates a defined term veaetation retention alternative. iii. Off-site Alternatives. Off-site native veaetation retention requirements may be met by monetary payment or by land donation. a) Applicants shall make monetary payment to Conservation Collier for the purchase and manaoement of off-site conservation lands within the county. The monetary payment shall be based on the location of the land to be impacted and be equal to 125 percent of the averaqe cost of land in the Urban Desiqnation or 125 percent of the averaqe cost for all other Desionations. as applicable. as defined by the FLUE. purchased by Conservation Collier. This monetary payment shall be made prior to the preconstruction meetinq for the SOP or final plat construction plans. b) In lieu of monetary payment, applicants may choose to donate land to Conservation Collier or to another qovernment aoency. In the event of donation to Conservation Collier. the applicant may acquire and subsequently donate land within the proiect boundaries of Winchester Head, North Golden Gate Estates Unit 53. another multi-parcel proiect or any other land desiqnated by Conservation Collier donation acceptance procedures. Applicants who choose to donate land shall be required to demonstrate that the land to be donated contains native veaetation communities equal to or of hiqher priority (as described in subsection 3.05.07 A.) than the land required to be preserved onsite. In no case shall the acreaqe of land donated be less than the acreaoe of land required to be preserved onsite. Land donated to satisfy the off-site veqetation retention requirement must be located entirely within Collier County. Donations of land for preservation shall be made to a federal. state or local qovernment aqency established or authorized to accept lands for the conservation and manaqement of land in perpetuity. subiect to the policies and procedures of the receivinq entity. Lands donated to Conservation Collier must include a cash payment for manaqement of the land. The amount of this payment shall be equal to 25 percent of the averaqe cost of land in the Urban Desiqnation or 25 percent of the averaqe cost in all other 54 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text f:tril~etRFGblQh if: CblrrSRt text tEl I;)e deletes. Bold text indicates a defined term Desiqnations. as applicable. as defined bv the FLUE, purchased bv Conservation Collier. Applicant shall provide evidence that donations of land for preservation and endowments for manaqement have been accepted bv and donated to the entitv stated above. at the time of the preconstruction meetinq for the SDP or final plat construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal aqencv requirements for mitiqation. remediation and monitorinq for the donated land shall be the responsibilitv of the applicant. iv. PUD zoninq, Where the off-site native veQetation retention alternative is used for portions of preserves not identified on a PUD master plan, a PUD amendment is not required. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native veQetation retention alternative. unless the option to use the off-site native veqetation retention alternative is included in the PUD. * * * * * * * * * * * * 55 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Te~(t lStrikett-lrsl;!€lh i~ E;l;!rreRt text ta be E1eleteEl. Bold text indicates a defined term This page intentionally left blank. 56 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Tent strikethFeI::l€JR is Gurrent text te l3e Elaletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element, Deferred from 2008 Cycle 1. AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:54 LDC SECTION(S): Section 3.06.06 Regulated Well fields CHANGE: Replace the existing Illustration 3.06.06 C. with the proposed update of the Collier County Utilities Golden Gate Well field Illustration. REASON: Remodeled the Well field Risk Management Special Treatment Overlay Zones around the Collier County Utilities Golden Gate public water supply well field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: October 14,2008. Amend the LDC as follows: 57 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Tald strikethreblfi)A is Gl;lrrent text te Be aalatea. Bold text indicates a defined term COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD ~ I'!I ;.. " j' ;II "'" ~ " " W.II fj.ld Pr-oillli'<hQI'l,t"MU 11ii!...'.......... .. ~".".;.,,;.., 'q.'" c::J ....." ',."", ~ '" t, "", ~ :t; x Illustration 3.06.06 C. This illustration is for reference only; the map is not accurate to scale and zone boundaries are approximate. Refer to the Collier County Zoninq Maps for more exact information. C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc 58 Text underlined is new text to be added. TGlld strikethrebl13A is S10lrFeRt text to 138 E1eleteEl. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 Cycle 1. AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2008 Cycle 1 LDC PAGE: LDC3: 56 LDC SECTION(S): Section 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 E. with the proposed update of the Florida Governmental Utility Authority Golden Gate City Well Field Illustration. REASON: around the wellfield. Remodeled the Wellfield Risk Management Special Treatment Overlay Zones Florida Governmental Utility Authority Golden Gate City public water supply FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: October 14, 2008. Amend the LDC as follows: 59 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text IStrikethrol.l~h is sblrr:eRt text to se EleleteGl. Bold text indicates a defined term FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD }", " t w"'" ''''0 Pr_li~. tlllH E/,.:>tZofle V\L1j .; t Yeat 1m'lIel 'T!li'!'t(:i I...",~... Zorle !N;,.Z (2 Yedf 'Tr;l'.'el nl"~l E:S:IZoneo ~\~,'J. (5 Yr:q( TrtNel TII1't~} I::] ZO"" '''vA i2() Y.", Trn.,,,1 Tin>!>) Illustration 3.06.06 E. This illustration is for reference only: the map is not accurate to scale and zone boundaries are approximate. Refer to the Collier County Zonina Maps for more exact information. 60 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:triketRrebl~h is GblFTent te)(t to 1;)8 aeletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element, Deferred from 2008 Cycle 1. AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3: 57 LDC SECTION(S): Section 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange Tree Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Orange Tree public water supply well field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: October 14, 2008. Amend the LDC as follows: 61 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text stril{stl:'lrsblli'lt:l is c~mSRt text te se deletes. Bold text indicates a defined term ORANGE TREE WELL FIELD t ,'i/f( ;,1" ) >1 \~!t!irllJl'i'4!.or<;innN:H~ C:3<'<,',., i,.., ," .~.,'" : "',, C;>/'1>:;\ C.;",:,,,, rr.",' Q/y+ J. r>"f' Illustration 3.06.06 F. This illustration is for reference onlv; the map is not accurate to scale and zone boundaries are approximate. Refer to the Collier County Zonina Maps for more exact information. 62 C:\Temporary Internet Files\Content.OutJook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text stFil,ethreu€Jh is curmnt te}:t to 138 aelates. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element, Deferred from 2008 Cycle 1. AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle] LDC PAGE: LDC3: 58 LDC SECTION(S): Section 3.06.06 Regulated Wellfields CHANGE: Insert a new Ave Maria Utility Company Well Field Illustration and refer to it as Illustration 3.06.06 H. REASON: Modeled the Wellfield Risk Management Special Treatment Overlay Zones around the Ave Maria public water supply well field. This New Public Water Supply Wellfield will serve the Ave Maria community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: Revised October 14, 2008. Amend the LDC as follows: 63 C:\Temporary Internet FiJes\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. relJ(t strikethrol,J€lA is Gl,JrFeRt text to se aeleteGL Bold text indicates a defined term AVE MARIA UTILITY COMPANY WELL FIELD 'mtf.I/<4.r')ttL*""A...~, c:::l ""..' c:::l".". ,,,. c:::::2z.:.,.,;.." ';t... c::::t2;\V>>,:A ',,,..~i t Illustration 3.06.06 H. This illustration is for reference only; the map is not accurate to scale and zone boundaries are approximate. Refer to the Collier County Zoninq Maps for more exact information. 64 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikethrol:;l9R is cl.lrront te;tt te Be aelates. Bold text indicates a defined term LDC Amendment Relluest ORIGIN: Revised in GMP Future Land Use Element, Deferred from 2008 Cycle 1. AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:51 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Add Ave Maria Utility Company Wellfield REASON: Language change allows the rule to recogmze a new Public Water Supply Wellfield that will serve the Ave Maria community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESIVERSION DATE: October 15,2008 Amend the LDC as follows: 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field. B. City of Naples-Coastal Ridge Well Field. C. Collier County Utilities Golden Gate Well Field. D. Everglades City Well Field. 65 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. TSJtt strikethFSl:I@lR is Glo.lrf8Rt tSJ:t to be EteleteEl. Bold text indicates a defined term E. Florida Governmental Utility Authority Golden Gate City Well Field. F. Orange Tree Well Field. G. Immokalee Well Field. H. Ave Maria Utilitv Companv Well Field. 66 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Taxt s:trikethrobl€lA is: CblrFeRt taxt t9 se aolated. Bold text indicates a defined term LDC Amendment ReQnest ORIGIN: CDES--Deferred from 2008 Cycle 1. AUTHOR: Ashley Caserta, Senior Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle I LDC PAGE: LDC4:8.1 LDC SECTION(S): 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts CHANGE: Allows for encroachment of pool equipment and well pumps, if unenclosed, into required yards. REASON: The Building and Zoning Departments have historically allowed pool and well pumps to encroach into side yards if not enclosed in structures, such as, pwnp houses; however, this policy was never formally documented. The proposed amendment will bring the code in line with policy that has been in effect for over 10 years. FISCAL & OPERATIONAL IMPACTS: The BCC directed that staff request assistance from DSAC in determining impacts. The following comments were provided by DSAC at their June 3, 2009 regular meeting. · The focus of the proposed ordinance should be narrowed - where is there a problem? Is it just in the City of Naples? Where else? . The cost to redesign a house may be minimal (approximately &1,000.). . If there is a pool, equipment may be located behind the pool cage; but, especially in a subdivision, noise will become a factor. . If the equipment is tucked in a recess, circulation around the unit will be impaired and result in a decreased operational life of the unit. · There is a limitation on how far the (AC) compressor can be located from the unit - they work more economically when located next to the house. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Amend the LDC as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 67 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:trikethFGbllilR is GlJrrent t8):t t8 be GleleteEl. Bold text indicates a defined term * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * 9. Fences, walls and hedges, subject to section 5.03.02, pad-mounted air conditioners and unenclosed pool equipment and well pumps. are permitted in required yards, subject to the provisions of section 4.06.00. (For permanent emerQencv Qenerator setbacks see section 4.02.03) * * * * * * * * * * * * 68 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text striketRrel:l€)R is ~~ment text to 88 seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan Chrzanowski, Manager - Engineering Review Services DEPARTMENT: Engineering and Environmental Services AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC4:76.1 LDC SECTION(S): 4.05.02 M Design Standards (Typical Off-Street Parking Design - Exhibit A) CHANGE: Replace current graphic/exhibit with one containing greater detail REASON: Clarity FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Amend the LDC as follows: 4.05.02 Design Standards * * * * * * * * * * * * * M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in size or sixteen (16) feet in depth measured from the aisle width to the face of the wheel stop except in the case of parallel parking where the dimension of the space shall be nine (9) feet by twenty- three (23) feet foe spaces running parallel to the driveway which affords access to said spaces. As an alternative, nine (9) feet by eighteen (18) feet spaces may be used in which case there must be a six (6) foar marked clear zone space in front of or in back of every space. See Exhibit "A" for typical off-street parking design. All parking spaces for the exclusive use of compact vehicles indicated on an approved site development plan, and any subsequent amendments thereto, shall be counted as standard parking spaces. (Ord. No. 04-72, S 3.M) 69 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikethrElIol@t-l is GblrreAt tSld to Be aeleteEl. Bold text indicates a defined term Ii =tr ~~ ~~ f .L '.t ir f . r+-l ;t . ~ ~ I ~ '" \"'''' . fa .+ (.".., -i1 '" ~ t ~ #1 .. T .. L! . I . ~ " w '" g5 ! TrP(C.\L. OIT-m.ltr . 9;1: rAlllCIHC DESIGN ~ i =hl P1Y!S10ll 1.3 ~ it~'" . town tQVHTT CMLofWDrr ; i.n StllYlC!S D!P.IltTllM ~ ../ -~- to JAN II HT.'. EXHIBIT A 70 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. T8}(t stril,ethFeblElh is Gblrrent tm(,t te l3e deletee. Bold text indicates a defined term I I , ?:; i i! I i~!i ~ ~i!;D e '" I !!! ,II 1 !l! .. ~ i~~~~ ," 0 I .. ~.~~ :! fiil! -I.. r i;" a- ili~ I i~" :~;!~I ~~'" J ~,. ~he~~ I 1. I 1:ll" I I 1 .. i:! r ~ ~~ ~ S III .~- J :. i;~ I~ ::;! ~ I~ I!!i I ! L .. -I- I ~ (WHIlE) lo r 0 ~1 ~ (BWE) <!. ~ .. ~ 5! ,!!I! .' (OWE) 1t1 .: d '" .. (WHIlE) .. T --r .. ... ... .. f ... ~ ~ ~~5i ~ TYPICAL OFF-STREET lolll 11.55 PARKlliG Dto:SIGN iIi ~I !a:;; <!. DIVISION 2.3 ;25:' i !!ii COLI.IER COUNTY DEVELOPMENT ...../ SERVICES DEPAHTMENT ..i~2 ... !!!- FEBRUARY 2009 N.T.S. '" ~ EXHIBIT A . . . . . . . . . . . . . 71 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text strikethFSl::l€lR is Gl::lFreRt tS}(t te be E1oletes. Bold text indicates a defined term This page intentionally left blank. 72 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Telet €:tril{othFOu€lR is current tSJlt to 138 E.leletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: John Kelly, Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC4:91-92, LDC6:32-33 LDC SECTION(S): 4.06.01 Figure D, and 6.06.05 E CHANGE: Amendment is proposed to bring two inconsistencies, one graphic change and other text change, into compliance with purpose and intent of Code. Safe sight triangles are measured as being 30 feet from the point of intersection, not 25 feet. REASON: Consistency with Collier County Code and current practice. FISCAL & OPERATIONAL IMPACTS: None, provisions already applied. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None, provisions already applied. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.01 Generally * * * * * * * * * * * * * D. Landscaping with Sight Design Triangles. 1. Safe sight distance triangles at intersection and access points. (Refer to Figure 4.06.01 D., Sight Distance Triangles). Where a b;driveway/access way intersects a right-of-way or when a property abuts the intersection of two or more rights-of- way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of 73 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. T8Jd Gtril~etAro\;l!3h is GI:lFreAt text to Be asleteQ. Bold text indicates a defined term Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space. Where an accessway enters a right-of-way, two safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right-of-way line. The third side of the triangle shall be a line connecting the ends of the other 2 sides. ~ " $tr..' Pg...emenl '--- .0' ----" I I \::::;::::::::;:::;,:.::.;:t::::::::::::::::':, ~ P.' Ofi"'W' Rq\l D' .., tP,op. Uno) ~ri~. 01 Requit... 0'",,_ ~ltt" (KCII'~" AI'.a.) PlAN: "-"-"-"f" 11 h'. min. ct~Lrl.ln'" Ill" .)0- ht J ':"~ - Int...Htt~n of Driwtwa-v end Str.at A....a of A-equir" Cto.s Vi,ibilU,. T 8' ci;&lQt 30. ht. mal;. lfu"" I --l~r- ""...., --i~1-- j r10"-=t Edglt 01 Pa~ml ~1Lf--t CROSS. SECTION A-A.. : Inl......ction of Ori""ellllo.... and Sttset I Str..t :ilS'--1 :~\::t~:::;::::::::::::::::~::~::;i;:::::::::" lrlliM'." 01 Reqwllr.6 ern.. VinDlIol"t)' (I1Dlch.r;l M.'11I) iE.up,ion.. clot Rig'''. o. Way (Pr~. l.in_) . LondlCope Sult.,- j .:;; PLAN Strife! k'lt~"St<:UM 74 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\OSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. ~ E:trikethrot;lijh is GI::lFr8nt text te l3e Glelatea. Bold text indicates a defined term u~ p/'VEMEf{T , I I LC)C!\L HI)/\[)V,Jj\"Y li\J ':::~U!:3JI\/i':,I()!\J Figure 4.06.01 D Where a property abuts the intersection of two rights-of-wa triangle shall be created. Two sides of ttll;llriangle shall e abutting right-of-way lines, measured from the point of int . The third side of the triangle shall be a line connecting the ends of the other 2 sides. The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of subdivision or development approval or when applicable. * * * * * * * * * * * * * 6.06.00 TRANSPORTATION SYSTEM STANDARDS 6.06.05 Clear Sight Distance A. Where an accessway intersects a right-of-way or when a property abuts the intersection of 2 or more rights-of-way, a minimum safe sight distance triangular area shall be established. Any vegetation within this area shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space. B. Where an accessway enters a right-of-way, 2 safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right-of-way line. The third side of the triangle shall be a line connecting the ends of the other 2 sides. C. Where a property abuts the intersection of 2 rights-of-way, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right- of-way lines, measured from the point of intersection. The third side of the triangle shall 75 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text striltett:lreugtl is GblrreRt teJd to 138 aeletes. Bold text indicates a defined term be a line connecting the ends of the other 2 sides. D. The developer shall comply with all of the provisions of the applicable landscape requirements and section 4.06.00 at the time of subdivision or development approval or when applicable. E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, planted, or allowed to grow in such a manner as to obstruct vision between a height of 30 inches and 8 feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said right-of-way lines :t&-30 feet from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the 30 inch and 8 foot clearance requirement. Posts for illuminating fixtures, traffic control, fences and street name signs are permitted, so long as the sign or equipment is not within the prescribed clear space and the fence does not visually impede the clear sight of the intersection. 76 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Tmct stril{stt-lHll:J€lR is Eil:.lFrSRt text to Be aeleteEl, Bold text indicates a defined term LDC Amendment Reauest ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Gundlach, Principal Planner, Florida Registered Landscape Architect # 1244 DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDCPAGE: LDC4:114 LDC SECTION(S): 4.06.05.D.4. Shrubs and hedges CHANGE: Restore previously omitted subsection and update section cross reference. REASON: Scrivener's error made during codification of Ordinance 04-41; scrivener omitted language. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Amend the LDC as follows: 4.06.05 General Landscaping Requirements * * * * * * * . . . . . D. Plant Material Standards. . . . . . . . . . . . . 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum height as specified in Section 4.06.02.C.4c except where stroot visibility at intersections is required and where pedestrian access is provided. Shrubs and hedges shall screen the adjacent pavement surface or developed property required to be buffered and/or screened. Hedges, where required, shall be maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. * * * * * * * * * * . . 77 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. TSJet stril~etRrel:l9R it Gblrr8nt teJlt lG be 8elete8. Bold text indicates a defined term This page intentionally left blank. 78 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Text f:trilmthrsl::J€lA if: Gl::Jrr..eAt text to BEl E1eleteGl. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC5:21-24 LDC SECTION(S): 5.04.05 Temporary Events CHANGE: Rewrite beginning of section for clarification and to conform to the new provisions inserted from section 5.06.00. REASON: The sign code was revised as a result of provisions found to be in violation of the First Amendment by federal circuit court. Provisions for temporary signs have been removed from the sign code and relocated in section 5.04.06 Temporary Signs. When the new provisions were inserted during the sign code revision, the rest of section became disjointed and confusing; therefore, the section has been reorganized. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLARIFICATION. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created on June 26, 2009. Revised August 23,2009. Amend the LDC as follows: * CHAPTER 5 SUPPLEMENTAL STANDARDS * 5.04.01 5.04.02 5.04.03 5.04.04 5.04.05 5.04.06 5.04.07 5.04.08 * * * * * * * * * * * 5.04.00 Temporary Uses and Structures Generally (To 80 Providoe) Temporary Use Permits Interim Agricultural Uses Temporary Uses During Construction Moeel Homes ane Model Sales Centers Temporary Events .A,nnu31 803ch Event Pormits Temporary Siqns Annual Beach Event Permits [Reservedl C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc 79 * * * * Text underlined is new text to be added. Text Etrikethrobl~h is Gl:lrFElAt text 10 BEl 8018t8Gt. Bold text indicates a defined term * * * * * * * * * 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 GeRer311y (To 8e Provided) Temporary Use Permits. A. Purpose and intent. Based upon the nature of some uses, their impact on adiacent uses. their compatibilitv with surroundinq properties, and the lenqth of time a use is intended to function. there is an identified need to allow certain temporary uses within a development site. and to provide for other tvpes of temporary uses such as special events, sales and promotions. It is the intent of this section to classifv temporary uses and to provide for their permittinq, [Relocated, was 10.02,06 G.1] B, General. The Countv Manaqer or Ris-desiqnee. mav qrant a temporary use permit for requests that demonstrate compliance with the intent of this section and !l!!ll1liilDtSI' 5 of the Code. Approvals for such requests shall be based upon. but not limited to, the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adiacent properties~ applications for a tompornry use pormit shall include a concoptu:lI site plan or a site developmont plan (SDP) as provided for within this soction, The appropriate required plan and temporary use permit application shall be submitted :md approved prior to or simultaneously 'I'.'ith the submission of a building permit application, if required. [Relocated from 10,02,06 G.1] 5.04.02 Interim Agricultural Uses * * * * * * * * * * * * * 5.04.03 Temporary Uses During Construction * * * * * * * * * * * * * 5.04.04 Model Homes and Model Sales Centers * * * * * * * * * * * * * 5.04.05 Temporary Events A. TempoFarj Sales. Special Events. 1. Sales and Promotional Events, 1. a. In the case of A temporary use permit is required for temporary sales andlor promotional events on non-residential propertv. such as grand openings, going out of business sales, special promotional sales, sidewalk sales. overstock sales. tent sales, or other similar uses (exclusive of gara€je sales, lawn sales, ans similar private heme sales), the County Manager or designee may grant nonrene'....3ble permits for sales and promotional events related to the principal activities in operation at the subiect propertv, unless otherwise provided for in this section, of up to fourteen (11) d3YS duration, such that during any calondar year tho sum tot31 of all permits for such events for that location soes not Q)(coes twenty oight (28) say!>. ^ multi tonant builsing of ten (10) or more businesses '....ith 3nnual leases may utilizo 3 maximum of forty two (42) says per c310nd3r yoar for temporary s310s. Tomporarj uso permits may be permitted for up to an assitional four (4) weeks when 3pproved by the BCC. Such special approval shall be subject to stipulations or adsition31 constraints seemed nocess3ry ans appropri3te 80 C:\Temporary Internet Files\Content.Outlook\M2XDPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Tmct stril~8tRf.0b1QR is GldFr8Rt text t8138 E.leletes. Bold text indicates a defined term to the request. Such Etipulations or conEtraints deemed neGeEEary by the Bee Ehall be noted as conditionE to the iEEuance of said perr'RitE. and tho permittee shall bo requireEl to sign a notarizeEl agreoment to E3id stipulations or conEtraints. b. A temporary use permit for sales or promotional events shall meet the procedural requirements of Section 10.02.06. 2. c. Temporary sales permits may, in EUPPOrt of the uso being permittod. includo the placement of one (1) Eign, a maximum of thirty two (32) Equare feet. or two (2) Euch signs for properties containing more than one (1) street frentage. In adElition to the allo.....ablo Eigns, merchanEliso, temporary Etructuros. :md equipment may be placeEl on tho Eite. /\11 tempor-ary structuros anEl equipment, merch:mEliEe, or placement :md parking of vohicleE in conjunction '....ith the temporary sale. Ehall conform to the minimum yard roquirements of tho EliEtrict in "'thich it is 10cateEl. If tho temporary uso iE not EliscontinueEl upon expiration of the pormit, it Ehall be Eleemod a violation of thiE LDe ::mEl shall be Eubject to the penalties heroin. insu ortof mel"chan. [seilt a rovatdfa .it i. Temporary siqnaqe shall be subject to the restrictions set forth in section 5.04.06. ii. All temporary structures and equipment. merchandise. or placement and parkinq of vehicles in coniunction with the temporary sale. shall conform to the minimum yard requirements of the zoninq district in which it is located. ili. A buildinq permit may be required for the erection of temporary structures. 3. d. Temporary-sales use permits for sales may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(/\)(5) 5.04.05 A,1,q. and 5.04.05(l\)(e)5.04.05,A.,1.h. below. 4. e. Temporary-sales use permits for sales shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property. except as provided for in subsections 5.04.05(A)(5) 5.04.05 A.t.q, and 5.04.05(A)(5) 5.04,OSAA.h. below. The issl;ance of :1 temporary use permit shall not be issueEl for unElevelopeEl propertieE. 81 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:trikethFeblgh is SIoIFFeFlt text t8 1;)8 a8late9. Bold text indicates a defined term f. Special event temporary use permits shall not be issued for undeveloped properties. with exception to pre-construction qround breakinq events with a valid development order. [see above] 5. q. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. h. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. .II, tomporary sales permit shall meot tho procedural requiremonts of Chapter 10. Tho applicant chall demonstrato that provision will bo made te adequately addross each of tho following: a. Vehicular and pedostrian traffic measures. b. fl,dditional parking roquirements. /\ maximum of ten (10) percent of tho parking required by section 4.04.00 of thic Code may be occupied or othel"\vice rendered unusable by the placement of temporary structures, equipment, signs, and morchandise. The minimum required numbor of handicappod spaces pursuant to section 4.04.00 shall remain availablo for usago. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary fucilities. g. If required, a faithful performance bond to guarantee compliance with tho conditions of this permit. [Re-Iocated to 5,04.05 C, below] B. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at wi'/ate homes, churches and other places of worship, community centers, or other nonprofit residentially zonod institutions, tho County Manager or designee may issue one (1) w.'o (2) ~day permit for such ovents during each six (e) 2. month period. Such permit may include the use of temporary signs located on tho proporty where tho salo is boing hold, limited to a mmdmum of two (2) ~ signs, no groater than four (4) 1. square feet oach. ~Jo signs shall be plased in any pulllic rights of way. If the temporary use is not discontinued upon expiration of the permit, it shall bo considered a violation of this LOC and shalllle subject to tho ponalties herein, 82 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril{(3tt:lr81;,1g~ is Gl:lrremt tSld t9 Be estates. Bold text indicates a defined term [Was 10.02.06 GA.] 2. TomfJorary sS/Jorts (WOAtS, reliaious (J'.'fJnt-s. and communitv events. a. In the oaso of A temporary use permit is required for sports evonts, religious ovonts, community events, or other similar events sponsored by profit, nonprofit, charitable, civil, or membership organizations, on lands not specifically developed and approved for such activities on a reqular basis. the The County Manager or his designee may grant 9. nonrenewable temporary use permits of up to 2 'Nooks' 14 days duration, for such events. suoh that during any oalendar year the sum total of all permits for suoh ovonts does not exoood 2!l days. Tomporary permits may bo allO'.ved for an additional poriod of up to 1 \'Iooks when approved by the Board of County Commissioners. Suoh speoial approval shall bo subjeot to stipulations or additional constraints deemod neoessary and appropriato to the request. Such stipulations or constraints doemed nooossary by the Board of County Commissionors shall bo noted as oonditions to tho issuanoe of said pormits; and tho pormittee shall be roquirod to sign a notarized agrooment to said stipulations or oonstraints. b. Temporary use permits of this type may, in support of the use being permitted, include the placement of temporary signs, merchandise, structures and equipment, and a mobile home as an office, but not for residency. If tho temporary uso is not disoontinuod upon Q)(piration of tho pormit, it shall be deemed a violation of tho Land devolopment Codo and shall be subjeot to tho ponalties therein. i. Temporary siqnaqe shall be subiect to the restrictions set forth in section 5.04.06. ii. A buildinq permit may be required for the placement and/or erection of temporary structures. c. Temporary use permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, unless otherwise approved by the Board of County Commissioners via a public petition request. d. The County Manager or his designee shall accept without fee, temporary use permit applications for sports e'lents, religious evonts, community evonts, or other similar events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large, or a speCific group of individuals", or the bona fide nonprofit organization. Two such events per calendar year per organization are eligible for this oxemption permit. 3. S/Jecial Event time limits. [Re-formatted, from 5.04.05 A.1 (above)] a. The County Manager or designee may grant nonrenewable temporary use permits of up to fourteen (11) 14 days duration, such that during any 83 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stFiltett-lr8bl€lR is Sblrmnt text te 88 selates. Bold text indicates a defined term calendar year the sum total duration of all permits for such events for that location does not exceed tV/onty eight (2g) 28 days. b. For multiple occupancy parcels with 10 or more tenants the total duration of all such permits shall not exceed 42 days per calendar year. c. Temporary use permits for special events may be extended up to an additional 4 weeks when approved by the Board of County Commissioners. Such approval may be subject to stipulations and additionai constraints which shall be noted as conditions of the permit and the permittee will be required to sign a notarized agreement to abide by such conditions. B. Temporary seasonal sales. A nonrenewable five (5) 5-week temporary use permit may be issued for seasonal and holiday-related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued...Q!l]y for the following seasonal/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstr-otes that provisions will be made to adequately addr9!;s each of the following: a. Vehicular and pedostrian tr-offic safety measures. b. /\dequate on site, or additional off site parking 3reas for unimproved properties. ^ maximum of ten (10) percent of the parking required by section 4.04.00 ef this Cede may be occupied or otherwise rendered unusable by the placement of temporary struGtures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant te sectien 4.04.00 shall remain available for usage. c. Limited acti'lity heurs. d. VVatchmen, fencing, ::md lighting. e. Fire protectien measures. f. Sanitary facilities. 84 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Text E:trikethFGl.l~h is GI::IFrBRt text tEl t3e Eleleted. Bold text indicates a defined term 3. The applicant shall provide a notarized letter from the property owner or property manager granting permission to utilize the subject property for the temporary seasonal sales. 4. Temporary use permits for seasonal andlor holiday sales may, in support of the use being permitted, include the placement of one (1) sign, :J maximum of thirty (d2) square feet, or two (2) such signs for propertios cont:Jining moro than one (1) street frontage In addition to the placement of sians, merchandise, temporary structures, and equipment m:JY be placed on tho site. i. Temporarv sianaae is subiect to the restrictions set forth in subsection 5.04.06 C.2. ii. A buildina permit mav be reauired for the erection of temporarv structures. 5. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this Code and shall be SUbject to the penalties herein. [Was 5.04.05 A.81 C. Garaae sales: In the case of aaraae sales. lawn sales. and other similar temporarv sales to be held at private homes. churches and other places of worship. community centers, or other nonprofit residentially zoned institutions, the County Manaaer or desianee may issue one 2-day permit for such events durina each 6 month period. 5.04.06 Annual 8eaGh E!\'ents Permit [to become 5.04.07, re-number entire subsection] 5.04.06 Temporary Sians. A. A temporarv use permit is reauired for the placement of any temporarv around sian, snipe sian. or banner that is not otherwise lawfully permitted. Temporarv sians shall be allowed subiect to the restrictions imposed by this section. 1. 2. prior to obtainina the rier to t lratio f 3. Standards applicable to all temporarv sians. a. Temporarv sians and banners permitted by autnority:of this section shall not be placed within any public riaht-of-way. i. Sian placement shall not obstruct or impair the safe visibility. inaress. or earess of pedestrians and motorists. 85 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text Etrikethrol.lijh is GblFr:eAt text t8 13e EleleteEf. Bold text indicates a defined term b. The occupant of a lot. parcel. multi-tenant parcel or mixed use buildinq. may display 1 on-site temporary siqn: a second such siqn may be displayed on a property hayinq a second street frontaqe. c. Absentsllecific.standai'dstb>lhecotllrarv. temporary siqns shall be located onsite and no closer than 10 feet to any property line. d. Temporary siqns and banners shall not be erected prior to obtaininq the appropriate temporary use permit and must be remoyed by the expiration of the temporary use permit. e. Temporary siqns and banners used on nonresidential or mixed use properties shall not exceed 32 square feet in siqn area or 8 feet in heiqht. f. Temporary siqns used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in heiqht. B. Temporary Siqn Permit Types and Standards. 1. Temporary Eyents. A temporary use permit for a temporary event, issued per section 5.04.05., shall allow for the placement of temporary signage as classified and regulated herein. a. A "sign only" temporary use permit may be issued for temporary ground signs and banners used to promote a sale, event, or actiYity not requiring a temporary event temporary use permit per section 5.04.05 of this Code. Such uses include, however are not limited to, study or course offerings, vacation camp, non-public indoor events, and sales events occurring within the confines of an established business. i. "Sign only' temporary use permits will be allowed, regulated, and enforced as special event signs. ii. Time limits for 'sign only' temporary use permits shall be the same as those for special events, see subsection 5.04.05 A3. b. Special event signs. i. Special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place. [Was 5.04.05 B.4.] c. Seasonal sales signs. d. Garage sales signs. Two temporary signs may be placed on the property where the sale is being conducted. [was 5.06.04 C.12.c.] Gr;md oponing signs. /\n oGcup:mt m:lY display 3n on cito gr:lnd oponing sign 86 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 M 090209 (2).doc Text underlined is new text to be added. Text strikethrsbI€lt-l is mment text ts GEl €leleted. Bold text indicates a defined term not exceeding 32 squmo foot. Tho bannor chall be anchored and may be displ:lyod on sito for :l poriod not oxcooding 14 days within tho first 3 months th:lt the occupant ic opon for businoss. 2. Grand Opening signs. A one-time 14-day nonrenewable grand opening sign only temporary use permit may be issued upon the opening of a new business, or the approved relocation of an existing business. a A current valid Collier County Business Tax Receipt or an approved Land Use and Zoning Certificate (Non-Residential) may serye as evidence of the new business, or location, opening. b. A separate permit is not required for a grand opening sign if being placed in conjunction with a special event temporary use permit issued per subsection 5.04.05 A 1. c. A grand opening sign-temporary use permit may only be obtained within the first 3 months of establishing a new business or location. d. A grand opening sign is limited to an anchored banner. e. A sign only temporary use permit for a grand opening sign shall be exempt from the annual time limitations identified in subsections 5.04.05 A3.a. and 5.04.06 C.1.a.ii. [was 5.06.04 C.12.d.l "Coming soon signs." 1\ tompor:lry usa pormit m:lY bo grantod, :It tho discrotion of tho County Managor or his dosignoo, for :l "coming coon" sign 10C:ltod within a non residential district. This sign must not oxcood 32 square feat :lnd tho tompor:lry usa pormit numbor muct-bo placed at tho b:lSO of tho sign not loss th:ln % h:llf inch from tho-bollom. Tho sign must not bo dispbyed for a poriod of fR9fe- than 6 months from tho issuanco of-lempormy usa pormit or-tlfltij-ll1e iccu:lnce of a permit-fur tho porm:lneAt sign, whichovor occurs first. /\ tomporary usa pormit '.vill.flel-bo icsuee-.until :l building pormit for tho-principal structure ic nppliod for. Tho nonrOfURGa~-fees-.fBf-4his tompornry usa pormit will ba GalGuIaletI-by-the bonf€l-ekooffiy-rommissiooer.s- and nre subject ID~h:Jnga. /\ "coming coon" sign ic dofinod ac a grOUfl(j..sign ucod to inform tho public of tho entry of :l now businosc within a 6 month tima poriod. Howavor, this sign ~Ioc:ltod-'Nithin :lny right of way or easement 3. "Coming Soon Signs." A onetime non-renewable temporary use permit may be granted, for a coming soon sign located within a non-residential zoning district, subject to the following: a. As applied in this section, a coming soon sign is defined as a ground sign used to inform the public of the intended opening of a new business. b. A temporary use permit for a sign shall not be issued until the applicant has applied for a building permit for the principal structure. 87 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril~ethr-GblgR is Gl.Irrent teJet tG be Efel13te€l. Bold text indicates a defined term c. The temporary use permit number shall be placed at the base of the sign not less than Y, inch from the bottom. d. The sign shall not be displayed for a period more than 6 months from the issuance of the temporary use permit or until the issuance of a permit for the permanent sign, whichever occurs first. The nonrefundable fee for this temporary use permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division. 4. Temporary business identification sians. A temporary use permit allowinq for the temporary placement of a siqn solely for the purpose of displayinq a business name for an existinq business underqoinq a permitted renovation. remodel. or repair that would require the temporary removal of an existinq leqally conforminq siqn. a. As applied in this section, the siqn must be constructed of wood, plastic. or other similar material. may not be a banner siqn. and is limited to 16 square feet. b. If placed in a shoppinq center or multiple occupancy buildinq, the temporary siqn for each business must be of similar color. letterinq. and style. c. The siqn may be affixed to the buildinq or free-standinq in front of the buildinq so lonq as the siqn does not obstruct or interfere with pedestrian or vehicular traffic. parkinq or fire lanes, or access to adlacent units. d. The siqn may remain in place for no lonqer than 120 days. or until construction has been completed. whichever occurs first. 5. Temporary sian covers. A non-renewable temporary use permit is required to erect a temporary siqn cover over an existinq siqn unless otherwise provided herein. Temporary siqns shall be allowed subiect to the restrictions imposed by this section. a. A siqn cover made from white vinyl or canvas may be authorized for an existinq qround or pole siqn for 120 days. after which time the cover shall be removed, reqardless of whether or not the siqn face has been replaced. Re-Iocated and restructured. was 5.06.04 C.12.a.. which read: :l. Politic;:}1 signc. Politic:l1 signs shall bo pormillod subjoct to tho following roquiromonts: i. Prior to tho orection, inst:llling, placing, or displ:lying of 3 politic:l1 sign :l bulk tomporary pormit chall bo obtainod. Tho pormit numbor sh:lll :lppom on ovory sign or on tho pole supporting tho sign.-+Ile- foo for said bulk pormit sh:lll bo as :ldoptod by 88 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. TOld stril~ett-lrel.lQh is GblrFBAt text te se €leleteEf. Bold text indicates a defined term resolution by tho board of county commicsionors 1\11 signs for tho c:lndid;:}to or the issuo for which tho pormit W:lS issued must bo romoyod within 7 d:lYs :lftor tho oloction, roferondum, or othor ovont that tho sign portains to. Failure to timoly romovo onch SlJGIl sign '....ill conctituto a sopamto violation of this Coda ancl-ll1e pormittoe will bo subjoct to issu:lnco of- a cilation from Collief County Coda Enforcomont :lnd all othor ponaltios :lllowod by 1m". ii. Politicnl c3mp;:}ign signs or postorc within residontially zonod or used proporty sh:lll not excood 1 sqU:lro foot in size, and sh:lll not bo loc;:}tod Glosor th;:}n fivo foot to :lny proporty Iino. Politic:l1 signs f}laGeG--witltin rosidentiaklislriols sh;:}11 roquife.-wFittefl permission from tho proporty ~ iii. PolitiC:l1 c3mp:lign signs or posters will bo pormittod in :lll othor ~tricls within 3 maximum copy :lrO:l of 32 square foot par sign, and-sRal1-be-4oc:ltod no c1osor th:ln 10 feat to 3ny proporty lffi&,-TA& numboF-of such signs sh311 bo limitod to ono signs for eash--Iot or parcel par bulk -pormit issuod for e:lch c3ndid:lto or is&U&. j\l .. All supports shall be socuroly-bHilt, constructed :lnd oroctod to conform with tho roquiromonts of this Code. v. Tho m:lximum hoight of 3ny politic:l1 campnign sign or postor, oxcopt thoso th:lt m:lY bo :lffixed to a '11311, sh:lll bo limilod to 8 feeh vi. Politic31 signs sh:lll not bo oroctod until tho 01050 dalo of tho qU:llifying poriod 3S sot forth in Section 99.061. Florid:l St:ltutes :lS it may bo ;:}mondod 3nd sh:lll bo romovod within 7 c:llondm d;:}ys 3ftor tormin3tion of c:lndiGaoy-duo to withdr:lWClI, elimin3tion, or oloction to tho offioo or ;:}ftor approv:l1 or rojoction of tho issuo ~, 6. Election and Referendum signs. Signs for elections and referendums shall be permitted subject to the following requirements: a. A bulk temporary permit shall be obtained prior to the erection, installation, placement, or display of signage before elections and referendums. The fee for the bulk permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division. b. The bulk permit number shall appear on every sign or on the pole supporting the sign. c. All signs for which the permit is issued shall be removed within 7 days after the event. Each sign not removed within the required time shall constitute a separate violation of this Code. The permittee will be subject C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc 89 Text underlined is new text to be added. Text Btril~etRrel:JQh ie; Gl.IfreFlt text to be €leleteEl. Bold text indicates a defined term to issuance of a citation for each violation from the Collier County Code Enforcement Board. d. Signs erected within residentially zoned or used property shall not exceed 4 square feet in area and 3 feet in height, and shall be located on-site and no closer than 5 feet to any property line. e. In all other zoning districts, signs shall not exceed a maximum sign area of 32 square feet per sign, and shall be located no closer than 10 feet to any property line. The quantity of such signs shall be limited to 1 sign for each lot or parcel per bulk permit issued. i. In addition to a bulk temporary use permit, a building permit shall be required for each installed sign. ii. All supports shall be securely built, constructed and erected to conform to the requirements of the Florida Building Code iii. The maximum height of any sign or poster shall be limited to 8 feet, except for signs affixed to the surface of a building wall. 5.04.07 Annual Beach Events Permit * * * * * * * * * * * * * E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1st through October 31st of each year) are also subject to the following regulations: 1. All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04 .ce(e) 5.04.07(Cl. * * * * * * * * * * * * * 7. Identification of sea turtle nests on the beach may cause the beach event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in section 5.01.06 5.04.07, as part of its daily sea turtle monitoring. * * * * * * * * * * * * 5.04.08 fReservedl * * * * * * * * * * * * * 10.02.00 APPLICATION REQUIREMENTS * * * * * * * * * * * * * 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * * * 90 C;\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 ~ 090209 (2).doc Text underlined is new text to be added. Text stril~8thro\;l€lt-l is cblrrent text to se €leleted. Bold text indicates a defined term G. Temporary Use Permit Requirements and Issuance. See section 5.04.01 of the LDC for temporary use permit classifications and restrictions. 1. Applications for temporary use permits shall be submitted to the County Manaqer or desiQnee in writinq on a form provided by the Zoninq and Land Development Review Department. 2. Submittal Requirements. The temporary use permit application and appropriate required plan shall be submitted toqether with the applicable nonrefundable fee. as indicated in the CDES fee schedule. and approved prior to or simultaneously with the submission of a buildinq permit application. if required. 3. A conceptual site plan (CSP) is required for special events and seasonal sales. For improved and unimproved properties the site plan must demonstrate that provisions will be made to adequately address each of the followinq: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site or additional off-site parkinq areas shall be provided as follows. i. A maximum of 10 percent of the parkinQ required by section 4.05.04 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures. equipment, and merchandise. ii. The minimum required number of handicapped parkinQ spaces pursuant to section 4.05.07 shall remain available for use. c. Limited activity hours. d. Watchmen. fencinq and liqhtinq. e. Fire protection measures. f. Sanitary facilities. q. If required. a faithful performance bond to quarantee compliance with the conditions of the permit. 4. Review procedures. a. Based upon the information contained in the application. the County Manaqer or desiqnee may approve. approve with conditions relative to the health. safety and welfare of the public or deny an application. and mav attach conditions to the permit. b. In the event an application is denied by the County Manaqer of desiqnee, the reason(s) shall be noted on the application and returned promptly. 91 C:\Temporary Internet Files\Content.Outtook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Teltt strikethrsl.lQh ia Gl.IrrsFlt tent t9 138 E1el13te€l. Bold text indicates a defined term 5. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County. its officers. aqents and employees from and aqainst all claims. suits. actions. damaqes. liabilities. expenditures or causes of action arisinq out of or occurrinq durinq the activities of applicant under a permit issued hereupon in the form and manner provided by the County Manaqer or desiqnee. 6. Cancellations and postponements. a. If a permitted event is canceled or postponed, the applicant shall furnish Collier County with written notification of such cancellation or postponement and the reason(s) for same. It is understood that weather conditions may cause last minute cancellations: however. the applicant shall make every effort to notify the county staff prior to the scheduled commencement of said event. If the event is to be re-scheduled. notice of the date and time of the rescheduled event shall be provided. b. If a permitted event is postponed. the permit will be amended to reflect the rescheduled event dates and a COpy will be provided to the applicant prior to the event. c. If an event is cancelled and the County is notified prior to the initially proposed commencement date the number of days used will not count towards the maximum number of authorized days afforded for events by the Code. 7. Suspension or revocation. Failure to comply with the terms and conditions of the temporary use permit. once issued, shall be qrounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. A permit may be revoked. without refund. for established public safety and welfare issues. The suspension or revocation shall be initially communicated verbally. followed by a written suspension or revocation order. The continued failure to comply with the terms and conditions of a previously suspended permit may result in the revocation of said permit. 8. Violations. The failure to obtain a required Temporary Use Permit. and/or the failure to cease activities authorized by such a temporary use permit. includinq the removal of any displays. structures. merchandise, equipment. siqns or banners authorized by said permit. upon expiration, suspension. or revocation shall establish a violation of this Code and shall be subject to the penalties established within this Code. 9. ;h Film Permit. a. Permit required. A permit shall be required for the following activities taking place, in conjunction with commercial motion picture. film, television, video or still photography production: the use of set scenery. temporary structures or other apparatus, special effects. or closure of public streets or accessways. This Code shall not apply to bona fide newspaper, press association. newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filming as a permitted use. 92 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text EtrilmthrSbl13t-l is Gl::lrrent text ts sa €leleted. Bold text indicates a defined term b. Application for permit; contents. Any person, firm. corporation, association or governmental entity desiring to obtain a permit shall apply to the County Manager or his designee: and said application shall include but not be limited to the following. i. Name, address (including local address) and telephone number of applicant. ii. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the County Manager or his designee a certificate of insurance evidencing that said insurance is in effect and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. iii. Special effects to be utilized, especially incendiary or explosive devices, with proof of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and license from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. iv. Locations, dates and hours of filming. v. The following information is required by the County Manager or his designee, unless waived: a) A conceptual plan indicating the location of film events and parking facilities provided. b) Plans for construction or utilization of structures on subject site(s). c) Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition. d) A description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting. e) A description of any use which may encroach into environmentally sensitive areas. f) Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production. g) Necessity for closures of public streets or sidewalks and for what duration and location. h) An indication of any utilization of aircraft/fixed-wing, helicopter, or balloons at the subject site(s). 93 C:\Temporary Internet Files\Content.OutJook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text €trikethr-GblEjR is Gl.IrreRt text te se eeleteEl. Bold text indicates a defined term il List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. j) Provisions for traffic control, fire safety and security precautions. k) If located on private property, not under the county's ownership or control. a written notarized agreement from the property owner to allow the filming to occur on his property. I) Additional information requested to assist Collier County in obtaining future film production. c. Insurance requirements. The applicant shall maintain in force at all times during the permit period, a comprehensive general liability policy with limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii. above of this Code as determined by the risk management director upon a review of the particular circumstances involved. Said applicant shall provide to the County Manager or his designee a certificate of insurance as evidenced that said insurance is in existence and certifying that Collier County is a named insured, and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for filming on private property will be at the discretion of the affected property owner. d. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions. damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the County Manager or his designee. e. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land or facilities shall be in effect. f. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the County Manager or his designee, the permit may be issued. If the County Manager or his designee determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he may require that the permit application be scheduled for a public hearing before the Board of County Commissioners. The special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects. including incendiary or explosive devices: a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least 1 time 15 days prior to the hearing. g. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate 94 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2.090209 (2).doc Text underlined is new text to be added. Text strikethr-Bl.Ililh is Gl.IrreFlt tent ts be aeletes. Bold text indicates a defined term suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated verbally. followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. h. Costs for extraordinary services. The county shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not limited to, charges for personnel and/or equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the applicant, respectively. i. Surety bond. A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or his designee to provide for cleanup and/or restoration of the subject site(s). * * * * * * * * * * * * * APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS * * * * * * * * * * * * * 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through October 31st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits. shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 13.04.06. 5.04.07. B. Consistent with section 5.04.06. 5.04.07. no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. C. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius around each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit. D. Use of vehicles on the beach is prohibited, except as may be permitted under section 5.04.06. 5.04.07. 95 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stFikethrsblQR i~ SblFfeAt text ts be aelates. Bold text indicates a defined term E. Consistent with section 5.04.06 5.04.07 all materials placed on the beach for the purpose of conducting permitted Beach Events must be: 1) removed from the beach by no later than 9:30 p.m. the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the annual beach events permit. . . . . . . . . . . . . . 96 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text ~trikathrsl.l€lt-l is GlJrFeAt t13xt ts se deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LDC5:28-5.30 LDC SECTION(S): 5.05.02 CHANGE: To clarify how the County will treat the length of shoreline within a conservation easement when calculating the amount of wets lips according to 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. Although the LDC specifies that the purpose of the marina siting criteria is to help determine the maximum wet slip densities in order to improve existing Manatee protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline within conservation easements. State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised County staff that the total length of shorelines, including that which is within conservation easements, is used in the calculations for maximum allowable wetslips where the purpose of the conservation easement is vegetation management. However, where the conservation easement prohibits "in-water structures", the length of shoreline within the conservation easement is excluded from the calculations and thus, the number of allowable wetslips are reduced in proportion to the length of the excluded shoreline. State staff indicate that "in-water structures" can be characterized as the construction and operation of future docks, wet or dry slips, piers, launching facilities or structures other than existing on the property, or activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing. In January 2006 during evaluation of a project, staff from the Office of the County Attorney reviewed various documents including the existing conservation easement on the project, the GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine whether shoreline length in the conservation easement area should be excluded from the calculation to determine the number of allowable boat slips. The result of this review essentially provided staff with a procedure that specified that staff should review the actual language of a conservation easement to determine if the easement language excludes the use of the easement shoreline to calculate the amount of wetslips. Inspecting the conservation easement to determine its prohibitions is also consistent with the State's application. 97 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text ttrikethr.ebl€lR is cl:IrreFlt teHt ts Be deleted. Bold text indicates a defined term During the April 22, 2008 BCC meeting, the BCC directed staff to meet with stakeholders and bring back an amendment on how the County will treat the length of shoreline within a conservation easement when calculating the amount of wetslips according to the Manatee Protection Plan. Meetings were held with stakeholders on May 22,2008, June 17,2008 and May 13,2009. FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the conservation easement in order to determine if it excludes the shoreline from calculating maximum allowable wetslips. Obtaining and evaluating the conservation easement for applicable language should take no more than one hour of staff time. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. OTHER NOTESNERSION DATE: Created July I, 2009. Revised August 20, 2009 Amend the LDC as follows: 5.05.02 Marinas 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. 98 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril(othroblfJt-l is sblrrent text ts se E.lelated. Bold text indicates a defined term 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 Manatee Use (Measured at MLW) 4 ft. or Less than 4 No Impact Not High High more ft. Imoact1 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 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. 99 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikethrsl.I€lA is GblrFeAt text te se eeleteff. Bold text indicates a defined term 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 purpose of the Manatee Protection Plan shall be the interface of land and water at mean hiqh water. as established usinq standard survey techniques. All of the shoreline will be used for calculatinq the maximum allowable number of wetslips pursuant to the Manatee Protection Plan. except for shoreline within conservation easements where the conservation easement expressly and specifically excludes the use of the easement shoreline to calculate the amount of wetslips. (Ord. No. 05-27, S 3.FF) 100 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text stril'iotl:1rsl.I!3A iE: G\;lrFeAt teJet t8 be seleteGi. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: Cycle I, 2008 LDC PAGE: LDCIO.I04-LDCIO.I09 LDC SECTION(S): 10.02.06 Submittal Requirements for Permits CHANGE: Change the requirement for annual vehicle on the beach permits to a one time permit (vehicle registration), except for vehicles associated with construction, beach nourishment and inlet maintenance, which shall continue to expire on April 30 of each year to coincide with the beginning of sea turtle nesting season. Include the requirement for maximum vehicle ground-to-tire pressure of ten PSI (pounds per square inch) for vehicles in association with environmental related beach activities and include in the exemption subsection, an exemption for government agencies responding to emergency situations such as that generated by storn1 events. Include in the amendment, the standard formula used by the State to calculate maximum vehicle ground-to-tire pressure. Include hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use in the exemptions subsection. REASON: Currently all vehicle on the beach permits expire on April 30th of each year to co- inside with the beginning of sea turtle nesting season, thus requiring the issuance of new permits each year. A one time permit (vehicle registration) will insure that new vehicles meet the required ten PSI (pounds per square inch) ground to tire pressure without having to apply for a new permit each year. The permit received will include information on the regulations for operation of vehicles on Collier County beaches so applicants are aware of the requirements. All vehicles on the beach, other than for beach nourishment type vehicles/equipment and emergency vehicles are required to have a maximum ground-to-tire pressure of ten PSI. This requirement was inadvertently left out for environmental work type vehicles when the vehicle on the beach section ofthe LDC was last amended. 101 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text IStril~ethrol.l!ilh is Gl.IrrSAt ta}(t ts be deletes. Bold text indicates a defined term Government entities responding to emergency situations requiring the use of vehicles/equipment not being able to meet the maximum ground-to-tire pressure often PSI have been included in the exemption subsection. Including the standard formula for calculating the maximum vehicle ground-to-tire pressure in the Code will make it easier for applicants to locate the formula in which to make the calculations. Including hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use in the exemptions subsection should not have a detrimental effect on the beach since this type equipment would be difficult to use and have very limited use on the beach if it did not meet a maximum ground-to-tire pressure often PSI. FISCAL & OPERATIONAL IMPACTS: Time would be saved on the part of staff and the applicant in preparing, reviewing and issuing permits each year for vehicles which have previously demonstrated they meet the ten psi ground to tire pressure requirement. According to the fee schedule approved by the BCC, vehicle on the beach permits cost $250. Several vehicles may be registered under the samc permit when used by the same entity. Permit fees are waived in the fee schedule for public and non-profit organizations engaging in environmental activities for scientific, conservation or educational purposes. Some additional cost will be incurred upon the County initially to develop vehicle registration stickers to be placed on vehicles to operate on the beach. RELATED CODES OR REGULATIONS: 5.04.06 (not affected by this amendment) GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created August 3, 2009. Amend the LDC as follows: 10.02.06 Submittal Requirements for Permits . . . . . . . . . . . . I. Vehicfe on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand-, animal-, or engine-driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the 102 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:trikethml.lijh is S1;jrraAt text to Be eeletes. Bold text indicates a defined term area seaward thereof, commonly referred to as ~the beach"'WilJ:1iACllll1er CSlll'lty,PleriEJa. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in this Code. 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall Q)(pire on .'\pril 30, of ouch YO:lr, to coinciao '....ith tho beginning of soa turtlo nOE;ting SO:lson be subiect to the followinq. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 1.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is usedfbl'its l:)el'fuitledful'lliltion and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles enqaqed in beach nourishment. inlet maintenance. and qeneral construction activities shall expire on April 30, of each year.. to coincide with..the.beginninq of sea turtle nestinq season. Vehicle on the beach Dermits are not transferable, a. Sheriff, city. state and federal police, emergency services, :lnd tho Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties. and qovernment entities respondinq to emerqency situations. shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance. conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16. providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary. except to access and egress the beach, shall be exempt from the provisions of this section if a permit has been obtained from the environmontul servicos aepartment diroctor or his County Manaqer or designee, :lnd s3ia [permit] is prominontly dispbyod on the windshield of such vohiclo nnd kept with tho vohiclo and :lv:lilnblo for inspection. The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County to tho onvironmont:ll sorvicos aopartrnont director in writing stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation. environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and permit for such vohiclo or vohiclos sh;:}1I bo issuod by tho onvironmentnl sorvicos dop:lrtmont director if tho onvironmonbl sorvicos dopartmont airector if the County Manaqer or desiqnee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. All permits issued are subiect to the followinq conditions and limitations: 103 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Tmet strikethmbl€lh is Gl.Irrent t8J:t ts l3e deleted. Bold text indicates a defined term L. All vehicles shall be equipped with tires havinq a maximum qround-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula provided below. Calculations for tire pressure usinq the standard formula shall be included with each permit application. PSI = vehicle weight IIbs) + equipment (includinq fTlaxi[T1!Jm debris load for beach rakina eqUillmE!nt and ridE!r weiaht (ibs)./ total tirE! footllrint (sQuare inches) c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons and hand pulled or llushed carls/dollies/hand truoks or similar tVlle eqUiDment for llersonal use shall be exempt from the provisions of this section. d. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this section if a vehicle-on the-beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with larlilE!IilI'1~.llfAatiG tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for ATVs when onvironmontal sorvices dop:lrtmont staff the County Manaqer or desianee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. 104 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text E:trikethr:el.lijh is Gl.IFrSRt ta)(t te 138 selates. Bold text indicates a defined term vi. When not in use all vehicles shall be stored off the beach. vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the GeIlief County En'lironmontal Services Dop(lrtmont (ESD) County Manaqer or desiqnee; additional corridors may be approved when appropriate and necessary as determined by the ~ County Manaqer or desiqnee; a staging area may be approved for large events as determined by the ~ County Manaqer or desiqnee and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime ~ the County Manaqer or desiqnee determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the ~ County Manaqer or desiqnee, the vehicle-on-the-beach permit may be suspended for the remaining periOd of the sea turtle season. vii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re-nourishment and maintenance activities). 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 10.02.06 1.3. f. Beach raking and mechanical beach cfeaning. i. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 I. of this Chapter. iii. Beach raking and mechanical beach cleaning shall not interfere 105 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text strikethrGl.IQh is Gl.IrreRt text tEl ee EleleteEl. Bold text indicates a defined term with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. ~beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. v. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the ESQ County Manaqer or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the pUblic utilitios onginccring dopartmcnt :lnd tho on'lironmontal scrvicos dep:lrtmont County Manaqer or desiqnee. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet maintenance. i. Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the GGES :ldministrator County Manaqer or desiqnee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by 106 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. Text str:ilu)throblQh is Gl.Irrent text tol3e Eleleted. Bold text indicates a defined term FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, CCESD the County Manaqer or desiqnee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. S 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties: a. Violations of section 10.02.06 1.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure. c. Major infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring. 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning 107 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc Text underlined is new text to be added. ~t 5:trikethrGl.I€lh i& Gl.Ir-f8At te;:t ts be seletes. Bold text indicates a defined term activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10.02.06 I., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 I. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. * * * * * * * * * * * * 108 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\DSAC Packet 2 - 090209 (2).doc 3/22/2010 DRAFT DSAC LDC Meeting August 5, 2009 at 1:30 pm CDES 609/610 Section 2.03.07 - Vanderbilt Beach Residential Tourist Zoning District (VBRTO) Vanderbilt Beach Residents' Association - Represented by Patrick White VOTED 6 TO 2 TO RECOMMI:ND TilE AMENDME~T \HIII TilE REMOVAL 01 Till: NOTlI'l('A 110", PROVISIO~S A~ll REMOVAL OF TIlE PROPOSED SEPARATIOI\' HEQ{IIRE!\'1F.YI"S liOR A(,CESSOI~Y STRUCTlIRES Member comments: . Concern was raised that a precedent telf notitication would be set by this amendment: [I' residents in the YBRTO receive notification of SIPs and SDPs, why shouldn't every property owner in the County is notified ofSDPs and SIPs') Every HOA will also want notifieation of SIPs and SDPs. . Just require notification of HOA (YBRA) · Since this is notification for an administrative process, there are no arrangements to take public comments; therefore, review staff will be contacted by notitied property owners. This situation would take up a lot of statf timc and result in even longer review periods. . Page 3 I - L. I. "assure reasonable use and access" .. members commented that reasonable is not defined and is open to interpretation. . Page 34 L.6.f There may be unintended consequences of changing setbacks for all accessory structures. Some structures, such as 'pump house buildings' will need to be exempted. . Page 35-36 L.13. The dates fe)f thc vested rights determinations are not clear. Section 2.03.03 - Commercial Zoning Districts Private Petition - Represented by Richard D. Y ovanovich, Esq. VOTED 8-0 TO RECOMME~D APPROVAl. m' LOC AVIENDV1ENT REQl1ISI Section 2,05,01 - Density Standards and Housing Types Private Petition - Represented by Bob Duane, AICP VOTED 8-0 TO RECOMVIENll APPROV,\L 01 LOC AVIEM)ME~T REQlIEST; WITIII ABsnSIION Section 2.03.07 - Overlay Zoning Districts (subsection G, Immokalee Overlay) Immokalee eRA - Represented by Bob Mulhere, AICP VOTED 8-0 TO RECOVIVIENll APPROVAL m LOC AMI:~IlME~T RFQlEST WII" I ABSTI:NTlO~. Page 26 - second line: Reference the localion of the table of Required Preservation Percentages. Staff commented that the applicant's estimate of the cost of providing the service by County staff is underestimated. For an administrative deviation, an estimate based on $36.00/stafT hour is too C:\Temporary Internet FHes\Contenl,Outlook\M2XDPTYF\RECAP-DSAC 8-SLOC Meeting doc 3/22/2010 DRAFT low and does not include overhead and othcr expenses associated with administrative review and approval. If a deviation must go to a public hearing. the amount of staff work and resources invested would be comparable to the fee assoeiated with a varianee; even more, if therc are numerous deviations requested under one application, then the cost would exceed that of a vanance. Section 1.08.02 Definitions Omission - staff UNA7'lIMOlJS (9-0) TO RECOMME7'lD APPROV \1. OF LDC AME7'lDMENT REQIEST WITH REVISIONS The committee recommended the following revision to the definition: (based upon thefactthatfilrm of ownership is not u determinate in definition of the use). Dwelling, Mufti-family: A group of 3 or more dwelling units within a single convontionnl buildingc attached side by side, or one above the other. or both. I\nd whoroin each dl'lollin>l unit ma'l bo indi'/iduallv owned or lea60d initially on land which is undor cemmon or sinqlo ownership. No change was requested to the remainder of the proposed text, subsections a.- d. Section 1.08.02 Definitions Deletion of subdivision. minor staff U7'lANIMOliS (9-0) TO RECOMMI:7'lll APPRO\\1. m LDC A\IENI)Y1ENT REOIEST No comments. Section 1.08.02 Definitions Lot, corner Lot, interior Lot. through Omission - staff BRING BACK Revise text of corner lot, as it is unclear. "Lot, interior: A lot othor than a cornor lot, With only one frontage on a street" Look for illustrations to supplement text. Section 2,01.00 Generally (Parking, use and storage ofrecrealional vehicles) BCC-directed - staff lJNANI\IOlIS (1 0-0) TO RECOMMEND AI'PRO\'\I. 01 LDC AYlENDMENT REO\ EST No comments. Section 2,03.04 Industrial Zoning Districts 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\RECAP-OSAC 8-5LDC Meeting,doc 3/22/2010 DRAFT Private petition - Anthony Pires, Jr. NOT Ht:ARD Section 2.03.07 I. Bayshore/Gateway eRA UNANIMOl'S (10-0) TO RECOMMEND ~PPRO\\L OF LDC AMnllMls!' REQI'ISI Section 4.02.35 Design Standards for Development in the GTMUD Mixed Use Subdistrict (MXD) UNANIMOllS (10-0) TO RECOMMEND APPROVAl. OF LDC AVIENllMENT REQI'IS!' No comments. Section 4.05.02 Design Standards Clarification - staff UNANIVIOlIS (10-0) TO RECOMME~D AI'I'ROVAL 01 LDC Am:NllvIENT REQIEST Bring back better copy of illustration illf September 2 DSAC meeting. Section 4.05.04 Parking Space Requirements Omission - staff U~ANIMOI!S (10-0) TO RECOMMEND APPROVAl. OF LDC Am:~D~n:~T REQI'EST No comments. Section 5.05.05 Automobile Service Stations Omission - staff BRI~G BACK Clarification of districts in whieh these setbacks apply. Sections 8.03.00 - 8.07.05 Advisory Boards' Powers and Duties, Membership, Rules of Procedure, Appeals, etc. BCC-directed - staff UNANIMOllS (10-0) TO RECOMMnll APPROVAL OF LDC AME~llVIE~ I REQI EST No comments. Section 10,02.06 Submittal Requirements for Permits Clarification - staff NOT HEARll 1 -, C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\RECAP-OSAC 8-5LOG Meeting.doc