The URL can be used to link to this page

Backup Documents 06/06/2001 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JUNE 6, 2001 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, June 6, 2001 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE June 6, 2001 COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TVVO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7 ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. SECOND PUBLIC HEARING TO BE HELD JUNE 20, 2001 3. ADJOURN 2 June 6, 2001 To: Clerk to the Board: Please place the following as a: Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS / / Normal Legal Advertisement (Display Adv., location, etc.) Display Ad, ~ page, map attached Originating Dept/Div: Planning Services Person: ~* ~~,~ Date: .~'" ~'~1~" 0.~ (Sign clearly) &~-'~l--~"'-m'-- ~ Petition No. (If none, give brief description): _ Land Development Code Amendments Petitioner: (Name & address): Planning Services Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Hearing before: / ~ / BCC ? / BZA ? / Other Newspaper(s) to be used: (Complete only if important / /, -- /XXXX/ Naples Daily News or legally required /__/) ? / Other Proposed Text:(lncludelegaldescfiption & commonlocation &size: An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code - see attached Legal Ad Ordinance title ( ~.- 1~ ~ -- .2t. OOI .-- I ) Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes XXX No / / If yes, what account should be charged for advertising costs: Reviewed by: ~ ~ ***~ ~ ~ Approved by: Division Head ~.~ ! .J~ Date ~ 1~ ?/O [ County Manager__ Date List Attachment~: (1) (2) (3) DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: / / County Manager agenda file; / / Requesting Division; / / Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. Date Received ~"//~/ Date Advertised Date of P.H. '6/~/~ / ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. 0 951 S.R.- 29 DADE COUNTY BROWARD COONTf L LEE COUNTY HENDRY COUNTY t"'1 O O I ss92 I sz9~. I s~gJ. I so9, I s. · I s. i I s~, J. I s,, z FAX TO: Pam Perrell LOCATI'ON: FAX NO.: COMMENTS: Naples Daily News (941) 263-4703 Notice of Public Hearing to Petition LDC-2001-01 Consider FROM: Ellie Hoffman LOCATTON: COLLIER COUNTY COURTHOUSE FAX NO: PHONE NO: DATE SENT: (941) 774-8408 (941) 774-8406 05/2~/2001 SENT: 9:50A. M. # OF PAGES: (Tncluding cover) 5 May 21, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition LDC-2001-01 Dear Pam: Please advertise the above referenced notice and map on Tuesday, May 29, 2001. This advertisement should be no less than one- quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Account 113-138312-649110 NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on Wednesday, June 6, 2001, at 5~05 P.M. in the Boardroom, 3=d Floor, Building "F~, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows~ AN ORDINANCE AMENDING .ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.~ EXCAVATION; DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; ARTICLE 6, DMSION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. " NOTE: Ail persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) $o DADE COUNTY BROWARO COUN1Y HENDRY CO~JNTY I I I sn~. I szg~ I s~92 I so92 I set .L I sot ~. I s~l, ~ I so, 2 I Sent by: Konica Fax 9825 9412634864 ; 06/06/01 15:32; #315; Page 1/3 Naples Daily News 1075 Central Avenue Naples, Florida 34102 D~TE: PHONE: FROM: DONNA CHI~SNE Y PHONE: 941-26~.4870 FAX: 94.I-265-4864 ACCO UNTING DEPA R TMENT 888-262-3161 NUMBER OF PAGES INCLUDING COVER SHEET: PLEASE CALL IF YOU HA VE ANY QUESTIONS. ~ Attached is the affidavit(s) you requested & ! will mail the orr'sinai to you today _ Attached is a copy of the invoice(s) you requested. Attached is information regarding invoice(s) that are due. Comments: '1 -- 1 IPldOId fiwno:) dllllO:) I IIII I gW! I Ill I Iml I I~1 I ~I~s I IIII '| I~ll I I#1 I illi I )~el~ Alncl~' 'UBLU~O.H. alii:t/s/ ~,~]Nm~li~/d. Nn~ doauvom dO BOI,LON '~J2V(! ]AII31~I=I] 'XI$ NOIJ.3:~S (INV :.~,00 J,K3WdO13A..~3 t3NVl A.I.NflOO.b't~lTl03 ]Hi NI. NOI$11'K)NI ']AI.-I -NO3 Yno~ 'N~I3]S =$NOI~IGH03 IINU"-Jd -: -"~NOIJJNM;Q Tg,~msm~a 9 ;'iomz~ ~IDNIIOO AMOSlAOy. T~_A.N.Q~_N_Oq , ,~ ~)N!NOZ.40 (3MVO" t'g NOI61A · , , 'H3V~. ]ltl, NO ] .I~..IH!IA ,l~l:'t NO, ISlAm(] :]3NV!.b'VA ~_Nn SJJ~IFGLLV~S J.3~dlNI,~I~J.N~!AN] '~ jnN~, SIA_IG NOILVi~Y.~O~.~ ~sN~i~ -FlddnS 'S Z, NQISIAla ',SNOTS 'SZ NOISIA..19_ .'"~1_ ..1~_ nil aNY 9,N. IdWSON~ ~I,Ut~OdHO'3NON 81 N~$1AIO, SNUI$1AUMI ]HJ. (3~J(]N]~lV'S1f' ;gOT I6 M~itBFIrlN ;~]N~NI~II~'JNiUN=nv ' '"XO'0N ]ONYNKIMO :SMOIiO& e p Tuam~eua e~ Je~ IUM ~mUOlS NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given thet on Wednesday, June 6,2001, at 5:05 P.M. in the BOardroom, 3rd Floor, Building "F", Collier County Government Center, 330X East Tamlami Trail, Naples, FlOrida, the BOard of County Commis- sioners will consider the enactment of a County Ordinsnce pursuant to Chapter 125.66(24 FloridaStetutes, the title of which, is as follows: ' 'ORDINANCE NO.OX- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE'UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS:' SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOL- LOWING: . ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8 NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, I~IMEN$1ONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING. AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLE- MENTAL DISTRICT REGULATIONS, DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DWI-. SION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS , (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CON- STRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING AP- "" PEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVI- RONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PS1 (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, ' STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPEN- DIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, .CON- FLICT AND SEVERABILITY;.SECTION FIVE, .INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. ~On~oNI persons wishin~ to speak on' any a~enda item must reiister with the County Administrator prior to pre, n of the a~enda item to be addressed. Individual speakers will be limited to 5 minutes on any ffem. The.'- 'selection of en individual to speak on*behalf of an or~mization or ~roup is encoure~ed. If reoo~niz~ by the Chairman, a spokesperson for a group or or~antzation may be .allotted 10 minutes to speak on an item. ' Persons wishing to have written or graphic materials included in the Board agenda peckers must subnlit staid ma- terial a minimum of 3 weeks prior to the respective public huari~, In any case, written materials intended to be considered by the BOard shall he submitted to the appropriate County staff a minimum of seven days prior to the. public hearing. All material used in presentations before the BOard will become a permanont pert of the record. Any person who decides to appeal a decision of the BOard will need a record of the p.rocee~..in~s..pe.rtaining.. thereto and therefore, may need to ensure that a verbatim record of the procoodin~s IS maae, WhiCh recom in- cludes the testimony and evidence upon which the appeal is to he based. . G BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D, CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellie Hoffman, Deputy Clerk I lie I IIl'I I II~l I IIllll I IlIl' 1 IIII I I~1 I I#1 I Bill I I#1 I Cdlii, Countll Flol. ldl #99546339 May 29, 2001 CARIBBEAN O]HSERUATION CORP. ~ ?2?8953248 ~904 2~2 2¢04 U$1~$ I~E JAXbWL H0,812 ~02 ~oo2/oo? ENDANGERED SPECIES ACT OF 1973 100th Congress U,S. F'ld~ ,,,nd ~dUrl u..~, r2apar~m~t ofLh~ Iniorlor W~hing~on~ D,C, 202~0 0~/04/01 CARIBBEAN CONSERUATION CORP. ~ 727895J248 ~90~ ~ 2404 U$1~S ~WE JA.T~I~L N0.812 Q03 ~he purp~ of the treaties and conventions set for~ in sub~cti~ (~) of ~s ~om auth~ tn ~r~ ~ ~e pu~ of th~ Act. (2) It ~ ~her d~lar~ m ~ th~ ~}i~ of ~ngr~ thnt a~ ~ ~ra~ with Sm~ ~d l~al a~nei~ tE r~lvq wa~r ~ur~ ~ in con~r~ wi~ co~a~ S~. & For ~ p~ of t~ Ac~ (1) Tho ~rm "~~ ~ ~ ~" ~ans ~1 ~m~a- tiv~ ~d ~ ~ no~ 1~ ~ ~ ~ct o~c2vm and ~ncy jur~ct~n. ~) ~e ~rm "comme~l~ ac~t~ ~ aB ~vi~ ~ ind~ t~ and_tr~e, mclud~ but ~t hm~ ~ ~ bu~pt such bu~ ~d ~lli~ ~~ 2o~a That ~ ~ no,.m- elude e~lbi~o~ off comm~ by m~ ct sitar c~lt~r~ Or (2) ~e ~m "~~," "CC~~," and n~ ~ brin~ ~ en~ s~i~ or m~n~ ~e ~nt at w~h ~e m~u~ ~d~ pu~u~t no lo~r n~. Such meth~ n~ ~ur~ t~u~, but are nm Iimi~d ~, ~I a~i~ti~ ~~ ~ ~cionunc r~urc~ m~em~ Su~ ~ ~rch, e~, law ~nf~m~nt, qu~flon and ~n~, ~a~on, live trspp~,. ~d ~ ~thin a ~n ~s~m ~t ~ o~~ (4) ~ ~m "~n~n~ion" mo~ ~ ~nvention ~ ~e ~ ~ 8~1~ .of W~ld Fa~a ~d ~o~, ~ m~ ii) the s~ific ~ wi~in tBe ~o~aphical by ~ s~, at the ~ime i~ ~ li~ In a~rdan~ wi~ the pro~wns of ~ 4 ct ~ ~ on whi~ are physical or hiol~ featu~ (I) ~~ ~o ~e ~nee~ntto~ of ~ ~ ,~a al) which may ~ui~ s~ m~emen~ ~nsi~ratlo~ or pr~Uon; ~nd ~ ~at ~h a~as ~re ~t~ ~r the ~~a ~ the IEr~ph (A) or t~ts pavaiq~tph, 0~×04/01 11: 50 CAR I BBEAN CONSERUAT I ON CORP. -~ ?2?8955248 ii:l~ ~$~o4 ~ 24o~ '~Fws FWE ~X~L N0.812 ~04 a d~ r of ~l~ means ~ny m~l~ whxch . a 8 gnlfl~t ~rt~On of ~ ~er tha~ ~ n~l~ of tbs ~ In~ d~rmlned b.v ato~ or th~ Act wou}d pm~nt an overwhelmi .... ~ _ ~) ~e ~rm "F~erM ~n~" means a~ Or,~U~ty of the Uni~ $~. ~eneY' ~ej rn~ ~a~ F~h or wildlife" mea~ any member of ~e animal - . , "~" ~ g ~ry, or cn~$~r~d bi~ for which p~on z~,p~ allord~ by ~eatv or o~~ .... · merit), ~phibmn, Te~le, mollusk, crue~cea~, a~hro ~ or g ip~b~ts, and mclud~ any n*.t ---z ....... P _ ot~er ther~f, or the de-~ u ...... if._ ~- , ~:u~ac~, e$g, or OIlSprl~ . ~ ~u ~oy or pa~ ~y tre~ction~ .., (i) ~t~n ~ ~thin one fo~i~ ~n ~thin the Unit~ ~t~ and a ~r~n in a foden ~unt~: or aad wtld~ife in ~u~tlon a~ movln~ In any ~unt~ or coun- t~e~ curiae theUni~d' ~, port mtans ~ land on, ~rinl ln~, or ~ in~,. or a~te~p~ to l~d on, b~ ins, or lntr~,,~- ~lz~ i'ne mrm ~on mmic{ I~ individual oorpora~ion, ~lp: trot, ~tion, or ~y oih~ nrivM~ '..,i+ ........ ~-- r-~ ~lo~, ~e~ de~nt, ur. z~en~Uty of the Feder 1 ~..,__1 ..... ~y ror~$overnmen~; e~y Sm~, muncl~ll (181 The ~rm "ffihi"--~'~'hny m~r of ~ plant incl~ng s~ ~ts and ~her ~'the~f (14) The M~ "~r~ "m~ ' , . ~ ellstl~ ar~ v~t~ urs~nt to ~e provi~n8 ~Organ~on Plan Num~r~ 4 of 1~0- . of the en~m~t ~ ~ .ro..,~, ....... ~ -~pt ~$ ~ ~ *,.ru~ m mm A~ a~g the ~nve~ion which ~n ti ~ lmpor~on or ~xpo~n of plonk, one mrs aim mean~ the ~re~ry of Agriculture. O4}/O4/03. 11:50 CARIBBEAN CONSERUATION CORP. ~ ?2?8953248 N0.812 Q05 '~'~04 ~ ~40¢ U$?W$ FWE JAXH'v~ ~00~/007 4 (15) ~ t, mt~m "m ,1~, ~," tnctud{m .,ny sul~mt~mcies o.f ~h or w~dl~e ve~bra~ ~h 0r wildlife .which t~r~ when matu~, (16) ~u ~ "~" m~l ~ of the ~vera[ 8~ t~ ~- : ~ ~ V~n ~d{, Guam. and t~ ~u~t ~rri~ry of the '" m~t, ~, ~mm~, or other ~rnmtn~ en~lU w~jcfl (tB) The te~ ~ me~ W hnr~, ha~, ~u~ue, hv~t, shoo~ ~ ~ ~ ~ s~~d s~i~ within the ~ture~~ all or ~~ant ~nion of i~ ra~. (~) ~m ~ Unl~ ~, when um~ ~ a ae~ap~ con- ~. 4: Ca) Om~r~.At,~(l) The. S~retary ~tll by ~la~on p~ ~ ~ ~ on~fl~ s~i~ ~ a ~rea~n~ s~i~ ~cau~ (A).t~ p~nt or thrashed d~trucfion, m~i~t~n, or ~m~ ofi~ habit or ~) ~ i~~ of t~g ~h~ry ~~; . (~ o~er n~u~l or ~nma~ ~a~ affee~nW !~ (2) ~th r~t ~ ~ ~o~ over whie~ p~ i~ ~ve ~ v~d tn th~ ~~ of ~mmarcm pu~uant (A) in ~y ~ in which the ~re~ of ~m~m d~r- s~i~, or ln~ri~, who nh~l list such S~t~ in aceo~nce ~th ~h~ ~on; ~ wh the S~re~ry of Co~r~ min~ tha~ s~h s~{~' (i) ~ rem~ f~m any lh~ ~uhlMhed pur~uan~ to ~ub- : (ii) ~ C~a~d iff ~tus from a~ snd~n~r~ s~t~ th~a~n~ m~i~, ~ ehail ~mme~ such action ~ the ~~ ~ tee ~riOr, a~8 ~ ~~ of the if h~ ~no~rs i~ the rccommendmtio~, shall Impl~mnt ~ch action; and 06×04/01 11:~1 Oe/O~/Oi 11:1? CARIBBEAN CONSERUATION CORP. ~ ?2?8953248 ~"004 Z32 Z404 USFWS FWE JAZI~ N0.812 ~06 ~O0~/OOT I/ t,o the Oommlt'f~e on M.e~,ant Mari,n~,, ~d ~n~n.~ "~ ! ~bl~ Wor~ ~ t~ ~na~. a ~n ~ ~ung to~ one 91 (a) w~ en~v~ m w~ ~xs~m.~LL}' .'~ I~ ~ ~~ b~ the ~nven~on on ~ ~ction " '~ '~ T,S. 98S, h,~~ in ~ suet!on ~ ~,~.~e~'w~ ][ ~-'~;~n~on Suoh ~ .~l tnolu~, ~ not ~ limit. and p~ that will hmli~M ~pio~n~cmn ot z~ w~ - ~n ~ Um~ ,~ and ~r ooncr~gtt~ _~m~, ~[ not ~mo ~r~ or ~rea~n~; and . ~l (~ ~On~fi~gon Of ~ ~t m n~ aha ~/ nr~ ~ ~p~nt ~ pr~ions ~ ~e W~ ~nven- ~ ~o ~ ~~ ~, 198 , ~ .~A ;Aen~n~ ~ n~:~ ~lng action~ yet f~nS tho autho~, ~~i~, o~ T~np?xl~ty.o~ me ~._ fl~ ~ ~, ~ntrot, Or r~ta~ ~nt non or wname PROHIB~ A~ t~ ~, ~th r~ ~ any ~n~~.a~ot -' 0-- ~- sub~ ~ ~e.~t~n or the uni~ hum ~ . ~m t~ Un~ ~;.. 11:~2 11:18 CARIBBEAN CONSERUATION CORP. ~ 7278953248 ~:~,~-~*'~?~ ~ .... ~.-.~ ~04 2~ ~404 ~$FW~ F~ JAXNVL N0.812 121~? ~007/007 (B) t{~e any such sIM~ieS wt~hi~ tho United i~mt~ er ~ (~ ~k~ ~y such n~ien ~ the high wha~er, any lush a~Ct~ reran In ~oiati~ 8ny 8uo~ $~s; or (O) vmb~ any r~on ~t~g m such o~i~ ~ M ~on 4 of ih~ ~ ~d pm~u~a~ by ~e ~c~ry pursuant ~i~ 4 of.~ Ao~ ~ ~ u~l for nny ps.un sub~t ~ ~e Jur~ ~ion of tho Unl~ h~ ~ (A) im~ any $~h 8~ in~, or ax~ any a~ ~oy ~y s~ s~l~jon a~ s~ch a~; or ~moye, cuk ~p, si ~e 9r ~t~. any ~uc~ ~ on ~ny o~her ar~ f~e:~ ~e~, ~ ~ ~ whn~ver ~d in ~e cOR~ Of a ~mmer~l aotl~any such {D) ~1 or offer ~f sale in in~ or ~ this ~ and p~ulgat~d by ~he ~c~ry pursuit ~ The pr~ist~s cf su~ions (a~l~) ~nd (a~l~O) of ~ln section sr in n coni~[l~ en~n~ent on (A) ~m~r ~, I9~ or ~) the ~ ~ ~e ~blt~tio~ {n~.~ F~eral Aog~r of a ~ ~htion ~ auction (c} of ~ctio, ( ~ this Act: ~u~, ~a~ much in{ an~ any aubm~en~'~ldin~ or ~ of the ~h or wildlife was n~ in the ~ur~ c~ ~ ~rcml activin. Wi~ ~t ~ any a~ proMbited by su~c~o~ {a~IXA) and ~Xi~O) of t~ ~tion the da~ of pub]lca~ iff the ~rnl ~$~r of a final re.la,on a~i~ such ~sh or wildlJ~ 8p~s ~ any list ~blished ~u~uant "1~90~ 2:12 Z¢04 UgFWS ~ United States Depaxtment o£ the Interior 8u~ 310 Mar~ 14, 1994 ~004,/007 Mr. Phil Oiotr, o, Cl~3~.rson Volmt~ Coumy Council County A~min~stratton Ruildinit 123 West lfldiafla A'vUflUe D~_~_~nd, Flofifia 32'/204612 The R~gtonat Dirtier of the U.S. Fish and Wildlife Servicg, Mr, Jam~ Putiiam, re, quested that 1 center.you r~gardtng protection of sea turtles on Volusia County beagh~. As you and your fellow council mombe~ know, Volusia County beaches arc used by nesting sea turtles. All sca tuftics that n~at on Volu~ia County beacahns are ,ftreatrm~ or endan~ specie, s, and sea turtles, their cF~s, end f~ nrc provided protection under the Enda~ercd Speete~ Aei of I97~ (Act), as amended (16 U.$.C. 1531-15~t3), and by regulations promulgated th~¢und~r ($5 ~ Part IT). ~;n~tion 9 of tht~ fe~leeal statut~ and the tmpMmenting regulations prohibit thr "tak~" of any cndnngen~i or threatened species. The Act defines take to mean hara$a, harm, pc;.rsuc, hu~t, ~toot, wound, kill, {rap, capturc, or coltect,'or to attempt to er~ga~e i~ any such c~nduct. Harm and harass am furthec deftne~ in ~ Code of Federal ReguLations. I'Iams$ ~ dcgincd as an Jm~ntiozm! or nc$1igcnt act or emission which creates the ltP, elih0od : "' of injury to' wildlife by armoyir~ it to such an axtent a~ to significantly disrupt normal b~vioral patterns which ir, elude, but are not limited m, bre, edinL feb, ding, or sh~lte~in$. I-Iarm ia further defined ~ an act which acP. lally kills or injures wildlife, Therefore, any act}vity or omission, }ncludin$ disruption or modification of habitat u~ed by nestintl ~ea tu~des, which si$nifica~tly alters the behavior of sea turtles or crcatca the Ii~[ihood of injury or death to the sea turtles, ~nay corurtitute a viohfion of SecSon 9 of thc Act. A~ a ltoveramenmi emity which issues permits allowin$ vc~hicies to drivc on bcach~ u~i' by nesting sea turtles. Volusia County is responsible for e4~suring that activities authorized by the county will not be harmful to the sea turtles or any other ltst~ R;,ecies. Thc prohibifior~ a~ainst udce apply to persons, and in 198~ the Act w~$ amended to broaden the meanin$ of pe~on to lnetud~ '...any ~t~ munie~pality, o¢ political subdivision of the sta{~.' Ba~ed on documents in our t'ilea, including numerous n~wapap~r articles and letters from the. Florida Department of Natural P, csourccs (now ti~c Dopartment of Environmcntal Protection) documenting thc problems, and th~ involv~m~n~ of my predecessor, Mr. Earl Possardt, ] believe that Volu~ia County oflqclals' realize the potential for vehicles to take sea turtles. I have visited ¥olusia County beache~ during the sea turtle nesting sea~n and I have observcd ( 13:31 232 ~404 T_TSlO~ 1~ JJ~ ~005/007 vehldes driving on..thc bcaoh. Thc vehicles left (te~p tire rut~ in thc sand tl~ hatchling s~a turtles. V~telos with lights were on the beach after dark. During thc sea turtle ne. sting r, ea.~n, vehicle tights could (k~ter adult female sea tarries frqm nesting and misorimnt o~ disorient hamhlinil ~a mrtlm. DSou~mion~ with Volusla County reside~xt$ who ~ ~e~ ~ e~= ~. ~i~ ~ the · at divor~ hat,bring ~ m~l~ ~ r~hi~ ~ eton, ligh~ v~l~, i~iuding ~unty veh~t~, on ~e ~ a~cr su~et a~ bc~ su~, m~fi~on of ~c~i~ ~ ~ ~ by lisht~ v~iol~ on &e baBh, s~ ~tlc ncs~ ~ing ~n 0~ by ~hic~ 'on &e b~ch, i ~t ~ihg mn ~r by a ~un~ vthlc~ off tM b~ch, a~ ~ufl~ ~ment movin~ sa~ in ~ w~rc s~ ~lc nes~ may o~ a~ ~in~ li~ m wo~ on ~c b~h afar' d~k. The ich~t ~olution to oasure that Volu~ii~ ~n~ ~ ~ ~ ~ mrtl~ duri~ th~ 1~ ~ s~ turtle ~tlng ~on would b~ m prohibit mo~ ~tcl~ ~om driving on ~o bGach ~om May 1 ~ November 1, l~. The minimum ~t shouM ~ do~ to ~~ th~ ~u~ty from ~ of.~ tu~ would b~ ~ (1) ~n ~1 mowr vehtcl~ on ~e b~ch ~om o~half h~t ~fore sundown m o~lf hour l~r =u~$, ~) e~ur$ thst ~ tire ~ ~e M~ M the ~ ~ ~ activin, suoh ~ ~~ ~io~, ~ coM~ in ~ sffi m~le ~ttng- ~ aM. (5), ~i~ing a~ut Ju~ ~, I~94, conduct morning s~eys t~ emum ~st any ~hling m ~tl~ ~ ~y have emer~d d~i~ ~e night have cl~ ~e ~h before veh~l~ ~ allowed on the ~, ! am available m meet with eounty offioial, during the we~k of Msx~h 2! m ~, 1~, Pl~ call my Offi~ (~2-~80) wire a U~ a~ pla~ of your pref~on~. I fo~d ~ ~or~n~ wt~ Volus~ ~oun~ m pm~t ~~d and cnd~ff~d Sindm'ely, Ren Lohoofer~r. Ph.D. Coordim~mr, S~ Tur~h~, ~v~ry Rece±ved: 5/29/2OO1 12:22; - >Goodlet t e , Co'l eman , &Johnson , PA; #48; Page 7 NAy-2-~-01 10:24 Fi~OM;REGISTRY ]~ESOI~T ID:9415977168 PAGE COLLIER COUNTY COM2VIU~TY DEV. & ENVIRON'MENTAL SVCS. DMSION PLANNING SERVICES DEPARTMENT CURRE~ PLANNING SECTION Certificate of Exemption for the Operation of Vehicles on Collier County Beaches VB-2000-10 Pursuant to Collier County Land Development Code Division 3.14, as amended, this certificate authorizes the operation of vehicle(s) on Collier County Beaches. This authorization is subject to the genera] and specific conditions detailed below: General Conditions: 1. This certificate must'be kept on site, and be available for inspection by County, State, and Federal officials. 2. This certificate does not obviate the need for other permits of County, State, and Federal jarisdictional agencies. 3. No beach or dune vegetation shall be affected by the vehicle or it's associated uses. 4. The vehicle Shall not be operated on or across any dune. During Sea turtle nesting season (May 1 through October 31 ), vehicles shall only operate below mean high water or previous high tide mark. 5. Ifa,ny changes of the conditions in the application or permit are anticipated, another application shall be submitted to Collier County Current Planning Section, and a new permit shall be obtained prior to further vehicular beach activity. .Specific Conditiop, ~: 6. This permit authorizes the operation of: Foreman S. H0.tl~la ATV with 4x8 flatbed trailer or sled. ATV VIN 478TE220x_v4100031_ with aH tires baying less than 10 p~i ttye pressure. 7. Hoars of operation shall be: D_uring sea tur[.l.~ ~estin£ season (May ] through October 31). operation shah not conAmence until the beach has been moniM___red for sea turtle nesting activit~ by Natural Resources Del~ar~ment staff. The vehicle will be used first thing in the mornin_R ~o brin~ all bg~Js to the storage area. The vehicle will not be used during the day. At the end of the da¥,,[b,e vendor may use the vehicle to bring all the boats back tO the ninht stora_ee area. 8. Ingress and egress shall be via: Clam Pass Beach Park (see attached exhibit for path of.ychicle use) 9. The operation shall be for the purpose of: Moving canoes an~[ I~lysks to a desieu,,a,l~ed s_t0rage ~r~a for the .d. ~y, and to .tr.ensport them all back at the same .time in the even~t~_~. l 0. The area of operation shall be: Clam Pass Park. ~_.o. rlth to Clam Pass. 11. Name, address, and phone of supervisor of operations: Robert Masi, The Registry_ Resort~ 4'/$ Seagate Drive, N_aples, FL; 941-$94-6'/29 12. This permit is effective from &_~_~st 29. 2000_, and only until such time as the required off beaclt alternative access has been established. At that ~im.e this oermi.t ~!ball become void. 13. Permit issued contingent upon obtaining 811 _necessary ~EP permits~ and sub _tnittin~ cog.i.es to Planning Services prior to commencing use of [his vehicle. 1 have re~xl~and understand Collier County Land Development Code, Division 3.14, as amended, and the condi~ns~nd responsibilities of this permit and agree to abide by said conditions. / '~ :~ ' Cu~et~t Pl~'m~g' 5~'taief ' DATE cc: ~ File Ed Morad, Code Enforcem~t Je~y Cowa~, FDEP, P.O. Box 2549, ~. My~s, Flo~da 33902 Ma~a ~au~, Collier Co~ Na~al Re~ces Depamem 8/99 ew/'l-l:XPermit Forms\Vehicle on the Beach Permit Template I~A¥-2B-01 10=24 FROM:REGISTRY RESORT 5/29/2001 12:22; - >Goodlet t e , Co,Leman , &Johnson , pA; #48; Page 8 > r~ Z 3> 0 r'~ '0 Z PAGE VANASSE & DAYLOR, LLP 8270 College Parkway, Suite 205 Fort Myers, FL 33919 (941) 437-4601 JOB SHEET NO. OF CALCULATED BY DATE CHECKED BY DATE SCALE LAND DEVELOPMENT CODE ISSUES VANDERBILT BEACH Many discussions have taken place lately about property rights, profitability requirements of developers, and the state of the art for hotels. Many of these discussions occurred at the last Planning Commission meeting and the last commission meeting. Frankly, much of what I've heard didn't make a great deal of economic sense to me. Therefore, I did some research. It was relatively easy to get information about the realities of development in other resort communities (and the firm standards in place to guide development by design in some of those communities). The information contrasts rather sharply with views of some local experts who seem to be speaking from vested self- interest. One high profile industry consultant recently told me that that hotel developers generally will talk communities into building "whatever they can get away with". Smart communities have set "stringent standards about what they wanted to see built" and everyone has profited from them. Let me share a little of what I discovered: Destination resort hotels and other tourist accommodations are being built to blend into the landscape. Generally, in beach areas, they are now designed to be no more than four stories high and to leave huge vistas of ocean between buildings. Often only 58% of the hotels floor space is given to rooms. In pristine areas, boulevards are being built between the hotels and the beaches to allow views of the water and unimpeded beach access. It conjures up a pretty picture. Obviously it is too late for the boulevards, but it isn't too late for the views or to limit infringement of buildings into greenspace. There is still time to prevent remaining areas with beach access from turning into concrete canyons. Several resort cities have severely limited building on their beaches and other fragile land areas. Delray now doesn't allow any building on the beach. Newport Beach has adopted density standards that make ours look like invitations to traffic jams. Our "low density" zoning requirements for the Vanderbilt Beach area match up with their "high density" standards. (Their FAR for tourist accommodations are .75 by the way.) Dennis Simmons of Hanscomb, an international hotel consultant firm with a new office in Orlando, and some of his colleagues recently consulted in the development of several upscale projects. This is what they report about these developments: · The new Ritz Carlton in Orlando has 1500 rooms. All but ten are standard rooms of 573 square feet. The only larger rooms are in their ten luxury suites which plan to operate at only about 50% capacity. · The new Marriott in Orlando has 1000 rooms. The average square footage of these rooms is 496 square feet. · A yet to be completed luxury destination resort in Puerto Rico uses only 58% of its floor space as guest rooms. It offers several different size rooms, the majority however are single rooms at 440 square feet. It also has some two bedroom suites at 868 square feet. Its pro forma is dazzling. · The brand new Negril Beach resort in Jamaica is only 4 stories high and is surrounded by greenspace. It and its sister resorts must comply with a stringent distance between facilities. In the process of fact gathering, I was fortunate to locate some expert opinion. John Miller, Design and Planning Manager of Peninsula Hotels, Hank Brennan of Brennan Beer Gorman Mony, and Brian McDonough of Hanscomb all agree that hotel rooms are getting more efficient and the trend toward larger rooms is gone. Even the Hilton has standard-sized its rooms. The experts say large rooms are not economically viable, even in destination resorts. Rule of thumb for the industry generally is that guest rooms directly use 65% to 75% of the total floor area of the hotel. In resort areas particularly, the external landscaped areas are used for many of the amenities that used to be found inside the hotel. Brian McDonough in a recent publication offered his clients design standards for space use when seeking high returns on their investments. He suggests: In 3 star hotels, plan that each guest room will require, in addition to its net floor space, a predictable amount of space for circulation, public/function areas, back of the house support, and administration. He recommends the design plan should then designate a total of 403-545 square feet of space to accommodate each planned room. For 4 star hotels, he designates 533-720 square feet of space for each room from the gross available floor area. (This doesn't include parking, of course.) It seems therefore that: · A standard that allows up to 800 square feet of space just for the room is more than adequate even for a pricier establishment, · a four-story facility is state of the art for tourist destinations, · concrete canyons are "out" and greenspace and ocean views are "in" for well-heeled tourists, and · economic viability of new ventures depends on efficient use of space. I would therefore ask that the LDC changes focus proactively on what the community wants developers to build. It should set new, more stringent standards for the Vanderbilt Beach area that support the aesthetic requirements of visitors and residents, protect fi.agile areas, and respect resource limitations (and incidentally make FEMA and the neighbors happy). The ideal plan would be to turn this area into an overlay district for further planning and withhold additional permits until the planning work can be completed. We hope this will be considered. Whatever course is taken, our neighborhood would at least like to see: · Strict guidelines to ensure adequate space between buildings, increasing rather than decreasing offset requirements · Height limits of 75 feet for all new structures on GulfShore in Vanderbik Beach · A limit on developments higher than 4 stories to lots of an acre or larger · A firm outer size limit for rooms in tourist accommodations of all types. · Designated beach access for the public at the property line of any new structures built on the beach side of Gulfshore · The east side of Gulfshore to remain residential and guaranteed protection for Vanderbilt Lagoon and waterways with new construction 1. Sea turtle presentation material 2. Caribbean Environment Programme, 1992 technical report 3. 1982 Broward County sea turtle monitoring project Growth Management Plan- vehicle on the beach language Sea turtle monitoring aerials seOuep.me~! me, pa I m, eA.ud'e~oqs~;~O .'qnlo'Ue^ 'uo~sue~ ! UUl 1Hq~epueA Vtd~dN~NO' I I VasdN~NQ i V'dSdN~NO I 0 ~ 0 0 CEP Technical Report No. 15 1992 Page 1 of 107 UNEP Sea Turtle Recovery Action Plan for the British Virgin Islands CEP Technical Report No. 15 1992 All CEP Technical Reports Note: The designations employed and the presentation of the material in this document do not imply the expression of any opinion whatsoever on the part of UNEP concerning the legal status of any State, Territory, city or area, or its authorities, or concerning the delimitation of their frontiers or boundaries. The document contains the views expressed by the authors acting in their individual capacity and may not necessarily reflect the views of UNEP. For bibliographic purposes the printed version of this document may be cited as: Eckert, karen L., Julie A. Overing and Bertrand B. Lettsome. 1992. WIDECAST Sea Turtle Recovery Action Plan for the British Virgin Islands (Karen L. Eckert, Editor). CEP Technical Report No. 15. UNEP Caribbean Environment Programme, Kingston, Jamaica. 116p. PREFACE Sea turtle stocks are declining throughout most of the Wider Caribbean region; in some areas the trends are dramatic and are likely to be irreversible during our lifetimes. According to the IUCN Conservation Monitoring Centre's Red Data Book, persistent over-exploitation, especially of adult females on the nesting beach, and the widespread collection of eggs are largely responsible for the Endangered status of five sea turtle species occurring in the region and the Vulnerable status of a sixth. In addition to direct harvest, sea turtles are accidentally captured in active or abandoned fishing gear, resulting in death to tens of thousands of turtles annually. Coral reef and sea grass degradation, oil spills, chemical waste, persistent plastic and other marine debris, high density coastal development, and an increase in ocean- based tourism have damaged or eliminated nesting beaches and feeding grounds. Population declines are complicated by the fact that causal factors are not always entirely indigenous. Because sea turtles are among the most migratory of all Caribbean fauna, what appears as a decline in a local population may be a direct consequence of the activities of peoples many hundreds of kilometers distant. Thus, while local conservation is crucial, action is also called for at the regional level. 'In order to adequately protect migratory sea turtles and achieve the objectives of CEP's Regional Programme for Specially Protected Areas and Wildlife (SPAW), The Strategy for the Development of the Caribbean Environmen! Programme (1990-1995) calls for "the developrnent of specific management plans for economically and ecologically important species", making particular reference to endangered, threatened, or vulnerable species of sea turtle. This is consistent with Article 10 of the Cartagena Convention (1983), which states that Contracting Parties shall "individually or jointly take all appropriate measures to protect ... the habitat of depleted, threatened or endangered species in the Convention area." Article 10 of the 1991 Protocol to the Cartagena Convention concerning Specially Protected Areas and Wildlife (SPAW Protocol) specifies that Parties "carry out recovery, management, planning and other measures to effect the survival of [endangered or threatened] species" and regulate or prohibit activities having "adverse effects on such species or their habitats". Article 11 of the SPAW Protocol declares that each Party "shall ensure total protection and recovery to the species of fauna listed in Annex II". All six species of Caribbean-occurring sea turtles were included in Annex II in 1991. This CEP Technical Report is the third in a series of Sea Turtle Recovery Action Plans prepared by the Wider Caribbean Sea Turtle Recovery Team and Conservation Network (WIDECAST), an organizati on comprised of a regional team of sea turtle experts, local Country Co-ordinators, and an extensive http://www, cep. unep.org/pub s/techreports/tr 15 eh/content, html 5/29/200 l ~,~ , CEP Technical Report No. 15 1992 Page 1 of 1 4.134 Beach cleaning equilgment and vehicles The Litter Abatement Ordinance (1987)"prohibits the deposit of litter in a public place except in a receptacle provided for that purpose." The maximum fine under the Ordinance is $250. Despite the legislation, beach littering occurs. In addition, ocean-borne debris (including seaweeds) sometimes accumulates at the high tide line. It is a recommendation of this Recovery Action Plan that beach cleaning, when necessary, be done using hand tools such as shallow rakes and not heavy machinery or tools which deeply incise the sand. While the uppermost eggs in a green turtle or leatherback nest commonly incubate 20 cm (8 in) or more beneath the surface, hawksbills construct shallow nests in which eggs are protected by less than 10 cm (4 in) of overlying sand. Damage to incubating eggs (or hatchlings awaiting an evening emergence) is easily caused by compaction or puncture arising from mechanized beach cleaning techniques. .-----If raking seaweeds or debris by use of a tractor or other heavy machinery is inevitable, this activity should be confined to beach zones below the mean high tide line in order to avoid the compaction of sand above incubating eggs. Repeated compaction will kill developing embryos. At the present time, mechanized beach cleaning is not known to occur in the BVI. Some beaches are regularly cleaned by hand rake (e.g., Long Bay, Beef Island; Deadman Bay and White Bay, Peter Island) and this is not considered harmful to sea turtles. Beach cleaning personnel should be alerted to watch for signs of sea turtle nesting and to report crams and hatchlings to the CFD. The use of motorized vehicles should be prohibited on beaches at all times. Where vehicles are needed to transport heavy fishing or recreational equipment, multiple access points should be provided and vehicles parked landward of the line of permanent vegetation. Driving on the beach creates unsightly ruts, exacerbates erosion, and can lower sea turtle hatch success by compacting nests and crushing embryos. Tyre ruts also present a significant hazard to hatchlings crossing the beach. The tiny turtles fall into the ruts, which often run parallel to the sea, and because they cannot get out they die in the morning sun or become easy prey for predators. It is a recommendation of this Recovery Action Plan that driving on sandy beaches be prohibited by law, perhaps by the Coast Conservation and Management Act presently under consideration. http ://www. cep. unep. org/pu b s/te ch rep orts/tr 15 en/content, html 5/29/2001 ER ivlrorll It THE IMPACT OF BEACH CLEANING EQUIPMENT has been known for some time by beaches that are systematically maintained by sometimes have a reduced sea turtle nest hal 1982 season a major effort was made to determine~ this time the results of the study are still be~ only a s~ary of the methods and preliminary this report. To determine the quantitative parameters.'assoc success, two samples of nests were compared using a comparable hatching categories: (1) hatched eggs escaped, (2) turtles that had escaped from the nest, (3) turtles found alive in pipped eggs, (4) pipped eggs, (5) infertile eggs with no obvious eggs with discernible embryos and live embryos. One sam of 22 natural nests that were not 5mpacted by beach throughout the period of incubation. The other sample ufitt 15 nests which had been systematically driven over. To differences between the two sample units, plexiglass inc :were built to accomodate individual nests so that the eggs could'!::be'~observed '....'. ~ t j'r:~',,.-. hatching Two of the nests were intentionally tamped with-a~pr6ximate/y ' , '. ~ '~ ' ~ ,~' !-..'... the same pressure as a beach cleaning vehicle would exert "when :i~-running over a nest on the beach. One nest served as the control and;.%ras;left alone to incubate on its own without any outside disturbance. When -51- hatching took place, turtles were observed as they attempted to emerge from their eggs and escape from their nests. This study also attempted to analyze a n~ber of gas samples which had been extracted from natural and impacted nests to determine possible differences in the oxygen content. An attempt was also made to precisely determine weight and the pressure exerte~ by a wide variety of types of beach cleaning equipment, as well as by smaller vehicles such as Jeeps and ATC's, and by h~mans and other turtles. ~n the case of the latter, turtles are known to nest in such densities that they are often observed .c~awiing over previously made nests. Results of this study indicated that systematic beach cleaning has a definite and serious impact on the hatching success of loggerhead sea turtle nests. The sample Of nests that had been impacted by beach cleaning equi~nent had a hatching success of 42%, while the natural nests had hatching success of 92%. Detailed analysis of the contents of the nests fr~m these two samples revealed a significantly higher percentage of eggs from the following categories: (1) unhatched eggs with discernible embryos, (2) turtles found dead in pipped eggs, and'(3) turtles that had escaped from eggs but were dead in'the nest (Appendix G). 'Observations of turtles incubated in the plexiglass containers indicated that most t~rtles in the nests which had been intentionally compacte~ by tamping found it much more difficult to reach the surface of -52- the turtles in the control nest. the sand than did nests further showed a more restricted activity pattern, in that only turtles from eggs near the top successfully emerged from the nest. contrast, most of the turtles in the control nest were able to emerge. Gas samples indicated that there was a difference in Turtles in the tamped the In the micro-environment of the two samples.of nests. 'In the impacted nests the amount of oxygen was about 5% less than that in the naturai nests, which provided values just below 19%. This finding, suggests Ghat the lower oxygen content in the impacted nests may be responsible for the greater nunber of Unhatched eggs with discernible embryos. There is s~e evidence that the smaller oxygen values may be responsible for the longer incubation period for the impacted nests. The results of this study clearly indicate that beaches impacte~ by ch cleaning operations provide a lower hatching success rate than ches not subject to beach cleaning. The significant difference in hatching success suggests the need for management programs which will mitigate this situation. Although. through this study -the-differences in hatching success between impacted and natural nests were quanitified, and a possible explanation for this difference has been suggested~ the need for additional investigation remains. It is important to determine whether a nest that was not systematically subjected to beach cleaning but has been run over once or twice during incubation suffers a similar reduction in success. Two nests that were occasionally run over by beach cleaning equi~men~ during the course of this investigation had hatching -53- percentages which were higher than that of the impacted nest sample but lower than that of the natural nest.sample. A more detailed analysis of the nest microenvironment also is required. In addition to analy~ing a large nL~ber of gas samples for oxygen content during the incubation period, carbon dioxide values also shouid be determined. This study also indicated that pedestrian traffic, even very heavy traffic, does..not~ seem to seriously impact nesting success. The only exception to this observation is a nest that has been stepped on while hatchling emergence is taking place. ATC's, which are being used more and more to conduct turtle surveys, do not seem to impact nesting beaches. Turtles inadvertantly crawling over a nest do not seem to cause a reduction in hatching success. 'GREEN SEA TURTLE PEN-REARING PROJECT: The Green Sea Turtle Pen-Rearing "Head-Start', program has been conducted at Oeeanworid for the past four years. This year it was expanded to include a facility corrs~i-sting of two 600-gallon tanks at Dania Pier. The object of this program is to increase the population of green sea turtles nesting in Florida. Although minor, observed increases in green sea turtles on the east coast during the past three seasons give some indications that this. objective is being achieved. This year's release was conducted on 28 April at the south end of the Fort Lauderdale Public Beach. The green sea turtles were taken frc~n a nest on Hillsboro Beach laid on 16 dune. From the total of 70 animals, 62 (89%) were successfully raised for release. Table 12 stanmarizes growth data of the turtles taken at the time of release (refer to Appendix H for an entire data s~m~mary). '! Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. 27 Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public-development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related to coastal barrier systems. OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. 28 Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.2: Prohibit further shore hardenin§ projects except where necessary to protect existing structures, considering the total beach system and adJacent properties. Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural. beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas.' Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. Policy 10.4.10: Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. 29 Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.12: In permitting the repair and/or reconstruction of shore parallel structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired structures will be redesigned engineered stabilization Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: Pursue the acquisition development. of undeveloped beaches and dunes as the first alternative to 30 ORIGIN: Community Development & Environmental Services AUTHOR: Patrick G. White, Assistant County Attorney DEPARTMENT: County Attorney's Office LDC PAGES: 2:77 & 2:235, respectively LDC SECTIONS: Sec. 2.2.20. Planned unit development district (PUD); and Sec. 2.7.2. Amendment procedures. CHANGE: Amend provisions relating to issuance of impact fee credits for dedications made as part of a rezoning request. REASON: Recognizes procedural changes brought about by passage of the Consolidated Impact Fee Ordinance by making reference to the said Ordinance in two effected sections of the LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Consolidated Impact Fee Ordinance 2001-13, codified in the Collier County Code, Chapter 74. Amend the LDC Code as follows: Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards Sec. 2.2.20. Planned unit development district (PUD). 2.2.20.3.7. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. The Board ......of County Commissioners may, as a condition of approval and adoption of PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for public facilities, the market value of the: land set aside for the ~'"! be credited towards Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's office and the real property office within 90 days o~f the date of approval of the rezone, or as otherwise extended in writing by ~ County Man~iger, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall ~~c:~l~ authorize the county to determine the market value of the ~ ~ property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the County that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established durir and conditioned on, the approval of the PUD zoning. ~Ihe land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board. Failure to convey ,:::or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. Division 2.7. Zoning Administration and Procedures Sec. 2.7.2. Amendment procedures. 2.7.2.8.1. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. The Board of County Commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, ' and/or dedicated for public use. Where impact fees are levied for facilities, the market value of the land set aside for __-- be credited towards impact fees Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's office and the Real Property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time 9Oday frame shall h~t°m~tiC~l~ authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the County that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezoning approval process. In any case, however, the County shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the rezoning action. ~6gt~ ~6'th~ c~unt~, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, ~ except as otherwise approved by the Board. Failure to complete the dedication within the x~~;~ time frame noted above may result in a recommendation to the Board of consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. ~o o o 0 ,~,~, ................................ ~ Memorandum To: Development Advisory Services Committee From: Ronald F. Nino, Planner Date: 05118101 Subject: LDC Amendment Report From Subcommittee Meeting 05/17101 Members Present: Brian Milk, Tom Masters, Brian Jones, Blair Foley, Charlie Morgan, David Correa, The members present dealt with those items which the DSAC as a whole did not come to a resolution or reviewed material that had not been previously conveyed to DSAC. The material reviewed and for which a recommendation was made is as follows: Hearing Examiner: Pat White reviewed the Heating Examiner amendment material. Discussion primarily focused on the degree to which this procedure may or may not restrict affected property owner imput or citizen groups at large. Pat advised that his experience supported the premise that the hearing examiner process does not inhibit access to the decision making process. Furthermore staff advised that companion actions to educate people on how to access the land use decision making process and increased notification of property owners will be in place before the heating examiner process begins. This material will provide guidelines for citizens to access the decision making process. Recommendation: The Committee recommended approval VOB & Turtles & Companion Revisions: Following an extensive once again the committee resolved as follows. Reommendation: Approved all amendments related to revisions related to turtle nesting season with the following additional recommendations 1) revise 30 foot diameter around nests from 30 feet to 15 feet unless required by FDEP to be more, 2) eliminate the CCSL penalties completely, 3) allow raking above the MHW, 4) specify that only "motorized" Planning Services Department vehicles shall be prohibited from above the MHW-dollies and handcarts should be able to move freely above the mhw after turtle monitoring, 5) change the 9 P.M. deadline for removing beach furniture and other beach event material off the beach to 9.30 P.M. by moving material to designated staging area. The Beach event material must then be removed by 10.00P.M from the staging area. RT Hotels and FAR: Staff advised that due to concerns that the CCPC and the BCC have the opportunity to revisit the matter of hotels and how their density is calculated the proposed amendments included in earlier LDC amendment packages needs to be reintroduced. Staff advised that the reduction to current FAR would more closely align the FAR method for determining density at hotels with the former 26 units per acre. Additionally the definition for a destination resort hotel did not adequately deal with the characterictics that justified a higher FAR. Recommendation: To approve proposed changes to lower FAR from 0.6 to 0.5 for travellers hotels and 0.8 to 0.7 for destination resort hotels and to redefine destination resort hotel. Landscape Amendment: This amendment deals with requiring larger trees in internal areas of parking lots but not have this take effect until June 1,2002 to give opportunity for growers to meet the demand. Recommendation: To approve amendment to the landscape requirements requiring larger trees effective June 1, 2001. Amendment to PUD 2.2.20. and Amendment Procedures 2.7.2: This amendment is made necessary to recognize procedural changes brought about by passage of the Consolidated Impact Fee Ordinance by making refemce to the said Ordinance in two effected sections of the LDC. Recommendation: To approve revisions to Section 2.2.20 and 2.7.2 Planning Services Department Collier County Development Services Advisory Committee Utility Code Sub-Committee Minutes Attending: Steve Wander Justin Martin Craig Pager David Farmer Jim Carr Karl Boyer David Fitts Steve Nagy Tom Masters Tom Kuck Roy Anderson Joe Cheatham The Sub-Committee met at 3:00 PM on May 24, 2001, in conference room "E" at the Development Services Building on Horseshoe Drive. Meeting Highlights: Item A Tom Kuck began the meeting by calling for a new chairman of the committee. brief discussion, David Farmer was selected chairman of the committee. After Item B Ed Riley was not able to attend and this item was continued to the next meeting. Item C The Wastewater Department would like to require all new gravity mains applying for preliminary utility acceptance to be video taped using cameras with a rotating lens. Steve Nagy presented to the committee some of the benefits a rotating lens would provide. The main benefit is the rotating lens allows inspection of the joints in sewer laterals. Occasionally stains are noted in the lateral wyes. Cameras without a rotating lens cannot turn to view the origin of the stain. Stains can be indicative of infiltration via broken fittings or bad seals. Tom Masters inquired about additional costs associated with improved cameras. David Fitts said most contractors have the improved cameras but they are not being used exclusively because they are not required. Steve Nagy will report back to the committee about what, if any, additional costs may be incurred by requiring all sewer videos to be performed with the improved cameras. Item D The committee discussed irrigation meter installation at the time of infrastructure improvements. Steve Wander said many SDP's do not show irrigation meters and are therefore not being installed with the site-specific water meter. The water department would like to conserve manpower by performing multiple taps at the same time. Steve Wander suggested adding language to the code requiring irrigation meters be shown on the SDP's along with the water meters. The committee briefly discussed showing/requiring BFP's at fountain and swimming pool connections. Item E This item was continued to the next meeting. Item F This item was continued to the next meeting. Item G The committee discussed down stream wastewater hydraulic analysis. Joe Cheatham brought to the committee's attention a problem with wastewater pump stations being designed and constructed with oversized pumps. The oversized pumps can reduce other pump stations pumping capacity and put an unnecessary strain on existing infrastructure. Sometimes the department must change the new pumps out for smaller pumps, wasting money and manpower. The committee debated the need for a hydraulic model of the wastewater pump station and force main network. The committee agreed the need for an analysis and perpetual maintenance of the model(s) is real and must be addressed immediately. Justin Martin made the following motion to be presented at the BOCC by Karl Boyer: The Collier County Development Services Advisory Committee Utility Code Sub-Committee recommends to the Board of County Commissioners to support Public Works Engineering Department's FY02 Budget request for additional engineering staff to: track available hydraulic capacity in the wastewater system and periodically update the hydraulic force main and pump station network model to provide design criteria to the development community. Tom Masters seconded the motion. The motion was unanimously approved. Item H This item was continued to the next meeting. Item I The committee reviewed the minutes from the last meeting. A question was raised about the county's position on specifying products made in the USA. Karl Boyer will review the county's purchasing policy and report back to the committee. Karl Boyer asked the committee to forward changes to Ordinance 97-17 by August 2001 for BOCC consideration in October 2001. The committee also discussed testing of gravity sewer mains with low air pressure. David Fitts said that when there is a potential problem, the contractor could perform a pressure test to confirm if there is leakage present. It was mentioned that gravity mains are currently required to pass two tests (lamping and an infiltration test), so a third test should not be a requirement for County acceptance procedures. The next meeting date was set for June 28, 2001. The meeting adjourned. AGENDA COLLIER COUNTY DEVELOPMENT ADVISORY COMM1TFEE Thursday, May 24, 2001 3:00 p.m., Conference Room "E" 2800 North Horseshoe Drive AGENDA ^. Selection of chairman for Utilities ^dvisory Committee. B. Ed Riley (Fire Department): discussion and vote on proposed requirement that single check., valve .o_r~ fire protection connection be changed to double check valve '- C. Discussion on .requirement to use rotating cameras to view sewer connection. D. Discussion on installation of i.,n:ig ,.a~ion ,motem at time of infrastnJcture improvements: Hyd. Modeling for fire flow mquiremente Bacldlow devlee$- make~ and modele approved Master meters '- Why? RPZ's different size than line size Continued discussion on the KY Pipe program for fire and domestic flows (David Farmer). F. RPZ N style Backflow; The water department will now allow N style backflow preventors for fire flows with no connections down stream. Pam Libby is to provide a detail of this device, G. Discussion on downstream hychaulics analysis for sewer flows (Joe Cheatham). H. Jim Gammel: distribution of information on O-ring to provide watertight seal for sanitary manholes. I. Open Discussion. NOTE: PLEASE CALL AND ADVISE WHETHER OR NOT YOU WILL ATFEND- (Tom Kuck ~ 403-2472) Attachment: Minutes from April 26, 2001 meeting. ANNUAL BEACH EVENTS PERMIT: 1) We request that all applicable penalty provision Sections of the proposed amendments be revised to delete any reference to the suspension of the Beach Events permit. In addition, we request that the following language be added to Section 2.6.34.6 of the code: "In addition to any applicable penalties under federal and state law and notwithstanding any penalty provisions set forth elsewhere in this Code, the monetary fines provided for under this Section 2.6.34.6 shall be the exclusive penalties for violation of the Annual Beach Events Permit, and such permit shall not be subject to revocation." 2) We request that all applicable provisions pertaining to the clearing of the beach after a beach event be revised in accordance with the following requested language for Section 2.6.34.5.5: "All materials placed on the beach for the purpose of conducting a permitted beach event must be removed from the beach or re-located to an on-site staging area designated by Collier County Natural Resources by no later than 9:30 p.m. of the date of the event. All materials still remaining on the on-site staging area must be removed from the beach by no later than 10:00 p.m. of the date of the event. No materials placed on the beach for the purpose of conducting permitted beach events may be set, placed or stored on or within ten feet of any beach dune." 1) We request that Section 2.6.34.5.3 be revised to read as follows: "Prior to all scheduled beach events, a beach event permit holder shall rope off (or otherwise identify with a physical barrier) an area of not less than 30 feet in diameter (unless a greater distance is required by an applicable Federal or State permit) around each sea turtle nest which has been identified and marked and is located in the vicinity of the proposed beach event." VEHICLE ON THE BEACH REGULATIONS: 1) We request that ..all applicable penalty provision Sections of the proposed amendments be revised to delete any reference to the suspension of the Beach Events permit. 2) With respect to the conditions set forth in the Sections 3.14.3.4.7, 3.14.3.5.7, and 3.14.3.6.7, we request that condition no. 4 be revised to read as follows: "(4) Except for designated corridors, all motorized vehicles shall be operated below MHW, or below the previou~ ~i'~ t-~'e mark" 3) With respect to beach raking and mechanical beach cleaning, we request that Section 3.14.6.1 be revised in its entirety to read as follows: "All beach raking and mechanical beach cleaning during sea turtle nesting season, May 1 to October 31 of each year, shall be confined to the area of beach below mean high water or previous high tide mark, unless a state certified sea turtle monitoring program conducted by personnel with prior experience and training in the necessary procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has performed daily inspection of the beach." COASTAL CONSTRUCTION SETBACK LINE VARIANCE 1 ) We recommend amendments to Section 3.13. denying all of the proposed Finally, we request that language be added to the code to clarify that, if an accelerated defined structure is adopted by Collier County, then for purposes of determining whether a violation counts as a first violation, second violation, etc., that such determination is made on an annual basis (i.e. the hotels start with a "clean slate" each calendar year. N:\Clients\Ritz_0173\List of Requested Revisions to Amendments.doc -2- CENTER FOR MARINE CONSERVATION Collier County Government 2800 North Horseshoe Dr. Naples, FL 34104 S.E. Atlantic & Gulf of Mexico Regional Office 449 Central Avenue Suite 200 St. Petersburg, FL 3370] Phone: I727) 895-2188 Fax: (727t 895-3248 June 4, 2001 Headquarte. 1725 DeSales Street, NW Suite 600 Washington, DC 20036 Phone: (202) 429-5609 Fax: (202) 872-0619 Web: www. cmc-ocean.org Re: Center for Marine Conservation (CMC) Comments on LDC 3.14 (Vehicle on the Beach Regulations), LDC 2.6.34 (Annual Beach Events Permit), and LDC 3.157 (Supp. 10; Coastal Construction Setback Line Variance) During Sea Turtle Nesting Season Dear County Commissioners and Committee/Council Members: The Center for Marine Conservation (CMC) appreciates the opportunity to again provide comments on proposed amendments to Collier County on LDC 3.14 (Vehicle on the Beach Regulations), LDC 2.6.34 (Annual Beach Events Permit), and LDC 3.157 (Supp. 10; Coastal Construction Setback Line Variance). This topic continues to be the source of lively debate and, at times, Confusion. We have attended several workshops and public meetings to present our position but wish to restate and clarify some key points in these written comments. We have been involved in meetings with Collier County staff, hotels, concessionaires, environmental organizations, and other interested parties since February to discuss amending County Code to allow limited use of ATV's on the beaches during sea turtle nesting season. As a result, county staff developed (and then revised multiple times) proposed amendments. CMC was under the impression that most of the issues regarding the proposed amendments had been resolved at these meetings. However, based on the numerous recent iterations of the amendments and the lively debate at the public meetings and in the media, numerous issues are still unresolved, and the complexity of the issues seem to increase daily. We have previously submitted comments based on the earlier versions of the prOposed amendments but some of the issues continue to be debated and we respectfully submit additional comments based on new developments. CMC and some other environmental 'organizations are concerned over the additional use of vehicles on thebeach during sea turtle nesting season for three primary reasons: 1. Allowing additional beach driving sets a precedent. The proposed ATV use potentially violates, and at very least stretches, both the state law and the Collier County Comprehensive Management Plan prohibiting beach driving (see below). 2. Beach activities such ATV driving, beach raking, or equipment set-up that occur before nesting beaches have been monitored by county staff, may obscure or obliterate turtle tracks, preventing identification and protection of nests. If nests are not discovered and marked by county staff, they are at great risk of accidental harm but the unknowing beachgoer who digs or places objects in the sand that damage or destroy a nest or person who places and obstructing object over the nest. 3. With additional vehicular use comes additional risk to the nests. As acknowledged at. · public meetings, "human error" occurs in the implementation of the current approved ATV uses. By increasing the level of ATV use on Collier County's beaches, the exposure and opportunity for increased "human error" also occurs. Throughout the state, ~'~1~ Printed on 100% post-consumer unbleached recycled paper anecdotal stories exist of ATV's (even those operated legally by county staff) accidentally running over marked nests. Again, there is a direct risk to the nests as well as indirect risk if the nest marking is destroyed and not replaces. With more ATV traffic in the area of marked nests, the potential for risk to the nest and/or the nest marking increases. We urge the county to consider and address several important points pertaining to the proposed amendments (described below): the legality of operating ATV's on the beach, the liability to the county if a nest is damaged, and inclusion of all necessary safeguards before amending the county code to allow beach driving. I. Legality of Beach Driving: State Law. One underlying issue which has not been addressed by any versions of the proposed amendments regard the legality of allowing additional use of ATV's on the beach. CMC and others have cited Florida state law Section 161.58 FS which prohibits beach driving except that which was allowed prior to 1989 OR driving required for beach maintenance, emergency vehicles, or environmental work. None of the ATV driving in the proposed ordinances fall under these categories. We have serious concerns that the proposed county ordinance violates state law. Upon initial review of the issue, Florida Department of Environmental Protection DEP attorneys indicated that they did not feel the proposed amendments violate state law (apparently because the degree of ATV use would not constitute "vehicular traffic"). The Center for Marine Conservation, the Caribbean Conservation Corporation, a Florida Fish and Wildlife Conservation Commission Bureau of Protected Species Management staff, and Earth Justice Legal Defense - Fund council remain concerned that additional use of ATV's on Florida's beaches DOES violate the state statute. In fact, Earth Justice has expressed that in their legal opinion, the ordinance IS illegal and DOES violate state law. Although the DEP attorneys had previously expressed that they felt the proposed amendment "appears satisfactory as it relates to DEP regulations and statutes, specifically section 161.58 F.S." (Patrick Krechowski, Assistant General Council, letter dated March 13, 2001), the issue is still open. Mr. Krechowski and his supervisors (Betsy Hewitt and others) are meeting June 6 to further discuss the Collier County Beach Driving Ordinance (see attached email). The issue has NOT been resolved as attorneys with the Ritz-Carlton suggest. Although we regret the outcome of the DEP attorneys meeting will not be available prior to the June 6 EAC meeting, it should be available by the time of the June 6 BOCC meeting. II. Legality of Beach Driving: Collier County Comprehensive Growth Management Plan. In addition the state law, Collier County's Comprehensive Plan also prohibits beach driving: "Vehicular traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes". The proposed amendments clearly violate the Comprehensive Plan. Thc County Commissioners and Committee/Council Members must defend thc Comprehensive Plan. If compelled to move forward and allow beach driving (ATV's), the county must first amend the comprehensive plan. In the meantime, the County must follow the Comprehensive Plan and must not pass the proposed amendments. If the amendments are passed before thc Comprehensive Plan is mended, the Department of Community Affairs likely intervene. Claims that the proposed amendments do not violate the Comprehensive Plan are illogical. Using ATV's to deliver towels, set up large parties, move beach equipment, chairs, water-sports equipment, etc clearly does constitute vehicular traffic. Furthermore, the removal of beach equipment such as chairs, towels, kayaks, wave runners and party supplies such as tables, chairs, lights, dance floors, plants, etc from the beach does not constitute "maintenance" when the hotels and concessionaires were the source of that equipment in the first place. If this were the case, and removal of equipment did constitute "maintenance", then ATV's could only be used for equipment REMOVAL and not for SET-UP/DELIVERY. Proponents of the amendment have urged Commissioners and Committee/CoUncil members to use "reason and common sense" (Naples Daily News, May 31,2001). However, debating over whether ATV use constitutes "traffic" and whether removing equipment internationally placed on the beach constitutes "maintenance" defies "reason and common sense." Irrespective of the legality of the proposed amendments and operating ATV's, we wish to provide additional comment on other aspects of the amendments. III. Liability of the County, Commissioners, Hotels, and Concessionaires for damage or harm to sea turtle nests, eggs, hatchlings, or nesting turtles. Earlier versions of the proposed amendments (May 1, 2001 and earlier) contained a description of the potential risk and harm of operating and ATV on the beach (damaging sea turtle nest, eggs, hatchlings, etc) on the cover page of the amendment to LDC Section 3.14 Vehicle on the Beach Regulations under the "CHANGE" heading. In addition, state and federal penalties for violating Florida Law Chapter 370 and the Endangered Species Act were also included. That language should be reinserted to the proposed amendment for clarity. The state and federal penalties for failing to protect sea turtles is another important point for the county to consider. Based on the opinion of U.S. Fish and Wildlife Service staff in the Jacksonville Field Office, if a sea turtle nest (or sea turtle eggs, hatchlings, or adult turtles) are damaged or harmed by activity associated with ATV's on the beach, the ATV operator and the hotel/concessionaire AS WELL AS Collier County (i.e., staff and/or Commissioners) would be liable. This is a criminal offence and can be penalized with fines of up to $100,000 or $250,000 and prison. CMC urges the county to carefully consider whether they are prepared to accept the liability for any damage to turtles or their nests potentially causes by the proposed amendments. IV. Additional Safeguards Needed in the Amendments. Previous versions of the amendment have specified additional safeguards that do not appear in the May 15 or May 30, 2001 versions of the amendments. CMC feels the following text should be re-inserted (in the original form or a modified version) to the proposed amendments: · "Use of the vehicle should be limited to a one-time set up and one-time removal of equipment each day." Some hotel and concessionaires expressed that they would need to make additional trips along the beach throughout the day. Although we appreciate that multiple trips throughout the day may be warranted in some circumstances, additional trips equated to additional traffic and additional risks to sea turtle nesting habitat and the nests themselves. In addition, the '~Reason" for the proposed amendments indicate "limited vehicular use". By omitting any limits to the number of trips allowed, vehicle use is essentially not "limited". The county should establish limits to the number of trips that could be made each day. The county should also consider limiting the NUMBER of ATV's that could receive permits each cycle. · Penalties: 2.6.34.6 (2.'Violation of Annual Beach Event Permit during sea turtle nesting season) and 3.14.7.4 (2. Violation of 3.14.32, 3.14.3.4,3.14.3.5, 3.14.3.6 Vehicle on the Beach Regulations; Major infractions) Strict penalties for violations during sea turtle nesting season should be reinstated in the proposed amendments. We feel leniency for the first violation is reasonable but harsh penalties are a strong motivation to encourage compliance. Previous versions of the amendment proposed fines and suspension of permits for second and third violations. After the third infraction, CMC wishes to see the more strict penalty for repeated violations re- instated in the amendment (violators should lose their vehicle on the beach permit for 60 days or the balance of sea turtle nesting season). We received a version of the proposed amendments on May 15 and May 30 2001 that we found to provide the some of the necessary safeguards for nesting sea turtles. We commend the staff for maintaining reasonable provisions to protect sea turtles and their nests: · Establishing an ingress/egress corridor and all other limit driving to below the mean high water line · Safeguarding the nests during beach events with a 30 foot radius protection zones (consistent with Florida state standards) · Defining minor vs. major infractions (to promote fairness in enforcement of the code) · Requiring removal of gear and impediments to nesting turtles and hatchlings on the beach one hour after sunset each evening (shortly after sunset when female sea turtles begin coming ashore to nest and hatchlings begin emerging; consistent with state standards). In many instances, this will effectively require all gear and impediments be removed PRIOR to the 9 pm deadline proposed earlier. · Including strict penalties for violations. These provisions should not be omitted or weakened. We request that staff consider additional provisions to include: · Training for operators of the ATV's · Name approved drivers on the ATV permits · Provide resources for additional patrolling and enforcing these regulations.' CMC appreciates the oppommity to present our comments. Again, we urge the Commissioners and Committee/Council members to NOT more forward with this amendment until after the legality, with respect to both the Collier County Comprehensive Growth Management Plan and the state law 161.58 F.S,, have been sufficiently investigated. We respectfully request that the county and its various committees consider these comments and proposed changes when making their recommendations. Please feel free to contact me if you have questions or comments. Thank you. Sincerely, Florida Marine Wildlife Project Manager