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Ordinance 89-041 ORDINANCE 89- ~1 '~MPREHENSIVE ZONING REG~TIONS FOR THE ~,NCORPO~TED ~ OF COLLIER CO~TY; BY.. .~NDING SECTION 9.1 "ST-SPECIAL TRidENT *~Y DISTRI~; PROVIDING FOR ~ ~ OF ~ITICAL STATE CONCE~ - SENSITIVE TRidENT ~C~C-ST) OVER~Y; BY ~ENDING THE ZONING AT~S TO IDENTIFY THE ACSC-ST OVE~Y; PROVIDING FOR D~E~PMENT STUD--S APPLICABLE TO THE ACSC - ST OVER~Y; PROVIDING FOR CONFLI~ ~D S~E~BILITY; ~D PROVIDING EFFE~IVE DATE. WHEREAS, the Growth Management Plan adopted by the Board oF County Commissioners provides for a Conservation Land Use Designation on the Future Land Use Map; and WHE~?.AS, the Big Cypress Area of Critical State Concern (ACSC) is designated as an overlay district within that designation; and WHEREAS, Policy 3.1B. of the Future Land Use Element requires the following: protect environmentally sensitive lands and provide for open space. This is to be accomplished, in part, through integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Land Development Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM}{ISSIONERS OF COLLIER COUNTY, FLORIDA that Collier County ordinance No. 82-2, the Comprehensive Zoning Regulations for the Uninoorporated Area of Collier County, Florida, is hereby amended as follows: ~ SPECIAL REGULATIONS: Section 9, Special Regulations, Subsection 9.1 "ST" Special Treatment Overlay District is hereby amended as follows: "ST" Special Treatment Overlay District--Special Regulations for Areas of Environmental SensitivityA am~ Lands and Structures of Historical and/or Archaeological SignificanceA and the BiG CvPress Area of Critical State Concern. a. Intent and Purpose: Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their ~esthetic appeal, historical or archaeological significance or their Words underlined are additions; Words s~ru=k-through are deletions. --1-- contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological, commercial, and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and fresh water swamps, barrier islands, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of developments which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. "ST" as a Zoning Overlay District; Designation of "P-ST" Lands. Designation of "ACSC-ST" Lands: 1) An overlay zoning classification to be known as the "ST" Special Treatment Overlay District, and to be designated on the Official Zoning Atlas by the symbol "ST" together with the symbol of the basic zoning district which it overlays, is hereby established. This overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by ordinance. The placement or removal of this overlay zoning district shall be governed by the procedure for amending the Zoning Ordinance and the zoning atlas as prescribed in Section 14 of this Ordinance. 2) For purposes of identifying land from which the residential development rights have been transferred, such lands shall be designated on the Official Zoning Atlas by affixing the letter "P" for preservation to the symbol "ST", thusly "P-ST'¢ together with the symbol of the basic zoning district which it overlays. Such designation shall be placed on the land after the Board of County Commissioners has accepted the deed and/or guarantee to said property. In accordance with Section 380.05. Florida Statutes and Chapter 73-131 Laws of Florida. the 6dDi~istra%io~ ComMission instituted rggulations ~or the Bio CYpress Area of Critical State Concern ¢AC$C), The purpose of these reoulations is to conserve and protect the natural, environmental and economic resources of the Bio CYpress Area. Furthermore, these regulations are to Provide a land and water managem~nt system that Wl[~ preserve ~I~gK__%UD_Iitv. Provide for the optimu~ utilizatigB of tho ]~/~itg_~ W~gr resources of the area. facilitate orderly and well-planned development. and protect the h~alth, safety add welfare of the residents of the State. Chapter 27F-3 of the Words underlined are additions; Words s~=~=k-~h=e~gh are deletions. --2-- 036,,:: 13 Florida Administrative Code established criteria for ~ite alteration, drainaae, transportation facilities, and structure installation. These reaulations are implemented throuah this Zonina Ordinance as set forth below in Subsection An Qverla¥ zonina classification to be known as Area of Critical State Concern/Sensitive Treatment Overlay shall be desianated on the Official Zonina Atlas with the symbol ACSC-ST. Co ~) Uses Permitted on Land Designated "ST": Land designated "ST" shall be used only for the permitted principal use, the permitted accessory use, and/or the permitted provisional use under the basic zoning classification of such land. The consideration of an application for permitted provisional use shall be subject to a Public Hearing. This hearing may run concurrently with any public hearing required by this Section or may be held at a separate time. The fact that a use is permitted under the basic zoning district classification shall confer no right to the property owner for such use unless such use is specifically approved as a condition of approval of a site alteration plan and/or site development plan by the Board of County Commissioners as provided in paragraph 5, subparagraph B of this section. Development Standards and Regulations for AC$C-$T; All Development Orders issued within thQ AC$C - ST area shall ComPlY with Chapter 27F-3. Florida Administrative Code. "Boundary and Regulations for the Big CYpress Area of Critical State Co~cer~" as set forth below: Site A ~teration Site alteration shall be limited to 10% of the total site size. and installation of non-permeable surfaces shall not exceed $0% of any such area. However. a minimum Of 2.500 sGuare feet may be altered on any Permitted s~e, (2} Except for roads, any non-permeable surface qreater than 20.000 square feet shall provide for release of surface run off. collected or' uncollected, in ~ ~pper approximating the natural surface water flow regime of the ~rea, Soils exposed durina site alteration shall b~ stabilized and retention Ponds or performance equivalent structures or systems maintained i~ order to retain run off and siltation on the construction site. Restoration of ve~etatioB to site alteration areas shall be substantially completed within 180 days followin~ completion of a development. Reve~atation shall be accomplished with pre-existinq spe¢~ or otter suitable species except that undesirable exotic species (see list below} shall not be replanted or p_FoDa~ated. Australian Pine - Casuarina eauisetifolia Bishopwood - Bischofia 4avanica Brazilian Pepper Chollv] - Shinus terebinthfolius Castor Bean - Ricinus communis Words underlined are additions; Words s~r~ek-~h=e~gh are deletions. -3- 036 14 Common PapaYa - Carica papaya gommon SnakeDlant - Sanseviera trifasciata Day Jessamine - Cestrum diurnum ~unters Robe - RaphidoDhora aurea Melaleuca ¢ca4eDut) - Melaleuca leucadendra Oueensland Umbrella Tree - Schefflera Trailing W~ia - Wedelia trilobata No manorove trees or salt marsh arasses shall be destroyed or otherwise altgrgd. Plants ~pecificall¥ protected by this reaulation include: Red Ma~qrove - RhizoDhora ManGle Black Manarove - Avicennia Nitida White ManGrove - Laauncularia racemosa Needlerush - Juncus roemerianu$ Salt CordGrasses - S. patens S. cvnosuroides. S. spartinae. SDrart~D~ alterniflora. Seashore SaltGras~ - Distichlis spicata Fill areas and related dredge or borrow DOnd~ shall be aliuned substantially in the direction of local surface water flows and shall be separated from other fill areas and ~_9nds by unaltered areas of vegetation of comparable size. DredGe or borrow POnds sh~ll provide for the release of storm waters as sheet flow from their downstream end in~Q unaltered areas of veqetation. Access roads to and between fill areas shall provide for the passaqe of water in a manner approximating the natural flow regime and des~gD~ tO accommodate the 50 vear storm. Fill areas and related ponds shall not substantially retain or divert the tota~ f~ow ~n or to a slou~h or strand or significantly impeded tidal action in any portion of the estuarinp ~g~e, f6) Man-made lakes, ponds, or other contaiDment works shall be constructed with a maximum slope of 30 de~rees to a depth of six fe~t Of water. Whenever mineral extraction is completed in new auarrvinG lakes, shoreline slopinG, rev~getation and disposal of spoils or tailings shall be completed before abandonment, ~MlstinG ouarrvin~ la~s ~re exempt from this provision, except tha~ whenever any person carries out any activity defined in Section 380.04. Florida Statg~es, as development or aPPlies for a developmeDt permit as defined in Section 380.031. Floridg $~atutes, to deve~0p aPY existin~ ~uarrv~ng lake area. these regulations shall apply. FinGer canals shall not be constructed in the ACSC - ST Area. This rule shall not aPPlY to site alterations undertaken in con~g~ion with the a~ricultural use of land or for th~ ~oBversion of land to a~ricultural use. (b) Drainaqe ¢1) Existing drainage facilities shall not be modified so as to discharoe water to any Words underlin~ are additions; Words s~=uek-%h~u~h are deletions. coastal waters, either directly or throuch 9xistinc drainace facilities. £xistinc drainace facilities shell not be expanded in capacity or lenath except in conformance with paragraph f2) below: however, modifications may be made to existing facilities that will r_aise the around water table or limit salt water intrusion. ~Cw drainage facilities shall release water in ~ manner approximatina the natural local surface flow regime, through a spreader Pond or performance eGuivalent structure or system. either on site or to a natural retention, or ~gral filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland veaetation through the use of weirs or performance eauivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slou~h or estuarine are~, New drainage facilities shall not discharge water to any coastal waters either directly or ~hrDAlgh exiBtin~ drainage facilities. (4) This rule shall not aPPlY to drainaae facilities modified or constructed in order to use land for aaricultural PurPoses or to convert land to such use. Transportation (1) TF~psportation facilities which would retain. divert or otherwise block surface water flows shall provide for the reestablishment of sheet flow through the use of interceptor spreader systems or performance eGuivalent structures ~D~ ~b~ll provide for passage of stream. strand, or slou~h water~ %hrouGh the use of bridges, culverts. Dilin~ construction or performance e~uivalent structures or systems. Channeli~ation of such areas shall be the minimum length necessary to maintain reasonable flow and prevent weed blocka~e. (2) Transportation facilities, constructed substantiallv parallel to the local surface flow. shall maintain a ~round water level ~Rf~icient to protect wetland vegetation throuoh the use of weirs or performance e~uivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and ~%Qw areas. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing 9r perform~Dge ecuivalent structures or systems. Structure Installation Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. Words underlined are additions; Words st=~ek-~h=e~gh are deletions. --5-- /21 Minimum lowest floor elevation permitted for ~ructures shall be at or above the 100 veer flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance LaPd Manaaement and Use Criteria (24 CFR 1910). as administered bv the appropriate local aaencv. This rule shall not aPPlY to structures used or intended for use in connection with the a~ricu]tural use of the land. Ail Development Orders issued for projects withi~ the Bi~ Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for rQview with tho potQntial for appeal to t~ Administration Commission PJr Chapter 9J-1. Florida Administrative Code, "Developmept Order Reauirements for Areas of Critical State Concer~", AnY properties which have received or receive in th- future, a bindina letter of vested riahts from the Department of Community Affairs. a Development Aareement with the Department of Community Affairs. or are determined to hays vested development riahts shall be exempt from the provisions hereof: provided however, they shall be subject to th9 provisions of said vested rights determination Qr the terms of said Development A~reeme~, ~L~]~i Conflict and Soverability~ In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion. Words ~ are additions; Words s%=~ek-~h~qh are deletions. ~ Effective Date: This Ordinance shall become effective upon receipt of notice from the Secretary of State that thie Ordinance hae been fil~d~ith the Secretary of State. DATE: /~__~///~_//~..'/w BOA/~D OF CO~TY CO~ISSIONERS  ~ COLLIER CO~TY, F~RIDA J~ES Ci GILES, CL~~SA~DERS, CHAI~N K~N~H B.' CUYLER~ ~~~1 ~ ~' ~ CO~TY A~O~EY -- ~~~~~~~ 82-;3 ORDINANCE AMENDMENT Words ~ are additions; Words ~=uek-~h=euqh are deletions. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twmntieth Judicial C~rcuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-,|1 which was adopted by the Board of County Commissioners on the 18th day of July, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of July, 1989. ..~;'"' ..,,~ JAMES C. GILES .'.~". ,o: Clerk of Courts and Cler~k Ex-officio to Board of -? Coun ty,,.C, amm iss lone r s By: ~i'rginia Nagri Deputy Clerk "'1'!I]. ,';%%.'-"''