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07/24/1987 Public Hearing II 1 4 8 Public Hearing/Special Meeting Board of County Commissioners Friday, July 24, 1987 Key Colony Beach A Public Hearing/Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in the Key Colony Beach City Hall. Present and answering to roll call were Commissioner William Freeman, Commissioner Eugene Lytton, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk; Bob Leeman, Assistant County Attorney; Tom Brown, County Administrator; Charles Pattison and Planning Staff; George Garrett, County Biologist; members of the Press and Radio; and the general public. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve the following actions by unanimous consent: Amendment '75; 9-307; Page 161 Accept the recommendation of the Planning Commission to add open space ratio column and reference Section 9-809 and change headings so that they are as follows: - Allocated Density (du or rooms per gross acre) - Maximum Net Density (du or rooms per net buildable acre) Amendment 178; 9-401; Page 164 Accept the recommendation of the Planning Commission and add the following setbacks: front yard side yard rear yard Urban Commercial 15 feet 10/15 10 Urban Residential Attached res. 15 feet 10/15 10 Urban Residential Detached res. 15 feet 10/15 10 Amendment #80; 9-401; Page 164 Accept the recommendation of the Planning Commission to insert "heading" in place of footnote; and inserting after "yard" in the second line "where only one side yard exists"; and "where there are two side yards, the first number is the required side yard for one of the two side yards". Amendment 1136; Chapter 9, Division 2; Page 102 Accept the recommendation of Staff to deny approval of pro- posed Amendment t136. Amendment 1137, 9-302, 9-307; Page 155, 161 Accept the recommendation of Staff to deny approval of pro- posed Amendment 1137. II 149 . Amendment 1138; Chapter 9, Division 3 Accept the recommendation of Staff to deny approval of pro- posed Amendment #138. Amendment '146; 9-301; Page 156 Accept the recommendation of the Planning Commission to add a new sentence that reads as follows: - The density and intensity provisions set out in this section of the Land Development Regulations are intended to be applied cumulatively so that no development shall exceed the total density limits of this Division. For example, if a development includes both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development. The following illustrates the intent of this section: - Developer owns a 1 acre parcel of land in the mixed use (MU) district. The developer may build one dwelling unit, or 15 hotel rooms or 15,000 square feet of office space; or he may develop any combination of these uses provided that he does not exceed the total density. He could build 5,000 square feet of office space (1/3rd of the allowed density for office) and 10 hotel rooms (2/3rds of the allowed density for hotel rooms) for a total land use intensity of 1; but could not develop a residence (100% of the allowed density for residential uses) and any other use. Amendment '179; 9-309; Page 162-163 Accept the recommendation of Staff to delete proposed Amendment #179. Amendment 1193; 9-307; Page 161 Accept the recommendation of the Planning Commission to change the maximum net density figure from 15.0 to 20.0 and also to amend the Amendment to cover the definition of recreational vehicle and change the wording as follows: after "tenancies of less than six monthsD insert -- "or (1) The travel trailer or park trailer has been placed in a travel trailer park, campground or a storage yard; (2) The travel trailer or park trailer has current licenses required for highway travel; and (3) The travel trailer or park trailer is highway ready. This means that the travel trailer or park trailer is on its wheels or internal jacking system and attached to its site only by the quick disconnect type utilities commonly used in campgrounds and trailer parks or by security devices. No permanent additions such as Florida Rooms would be permitted." Amendment '45; 6-106; Page 81 Accept the recommendation of the Planning Commission to II 150 approve the replacement of Section 6-106 (see attached) and the addition of new Section 6-109 (see attached; see environmental restoration standards and agreements attached) with the following changes: Delete from attached Section 6-106 after "where appropriate" to end of sentence and insert: "an agreement to meet the conditions of Section 6-109 are met within 10 working days of receipt of notification of violation." Change 6-l09A: delete the word "until" and insert the word "un1essR. Change 6-l09A2: "The trees shall be of a size and maturity commensurate to and relating to the unlawful clearing as determined by the County Biologist.".... "...then those trees shall be replaced with trees of a size and maturity commensurate to and related to the unlawful clearing as determined by the County Biologist regardless of predominance." Amendment '98; 9-803; Page 189 Accept the recommendation of the Planning Commission to approve the following: "No habitat analysis shall be required on lots less than 1/4 acre in size in IS districts and identified as having hammock, pine1and, or salt marsh and buttonwood association on the parcel." Amendment '112; 9-1205; Page 239 Accept the recommendation of the Planning Commission to approve the following addition: "No outdoor lighting shall be permitted within 300 feet of any shoreline which is capable of serving as a nesting area for marine turtles or in any area identified on the Endangered Species Map as a recorded turtle nesting site." Motion carried unanimously. Amendment '82; 9-406; Page 166 Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to deny proposed Amendment '82. Motion carried unanimously. Amendment '83; 9-406; Page 166 Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to accept the recommendation of the Planning Commission to clarify shoreline setback and approve the following: RA. All buildings and structures, other than docks, utility pilings, walkways, non- enclosed gazebos and fences and similar structures shall be set back twenty (20) feet from the mean high tide line of man-made waterbodies and/or lawfully altered shorelines of natural waterbodies." II 151 Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Lytton to accept the recommendation of the Planning Commission and approve the fOllowing: "B. All buildings other than docks, utility pilings, walkways, non-enclosed gazebos and fences and similar structures shall be set back fifty (50) feet from natural waterbodies with unaltered shorelines or unlawfully altered shorelines, measured from the landward limit of mangroves, if any, and where mangroves do not exist from the mean high tide line." Motion carried unanimously. Julie Hodis of the Game and Freshwater Fish Commission addressed the Board concerning this matter. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to approve the following: - "c. No structure other than docks shall be located within 50 feet of any shoreline area which is known to serve as an active nesting or resting area for marine turtles. Active nesting areas is defined as one that has appeared on nesting inventory at least once within the previous three years prior to a development application." Julie Hodis addressed the Board and opposed the foregoing. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. Amendment '130 Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to remove any references to IS from proposed Amendment '130. During discussion, Commissioner Stormont withdrew his second and the motion was seconded by Mayor Hernandez. After further discussion, the motion was withdrawn. Motion was then made by Commissioner Lytton and seconded by Mayor Hernandez to return Amendment #130 to the Planners for them to bring back with necessary amendments on July 29th. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. Mr. Landrum, Secretary of DNR addressed the Board concerning his visit to the County relative to Pigeon Key proposals. Bill Daniels and Curt Blair addresed the Board concerning the Mixed Use section of the proposed II 152 Amendment '130. During discussion, motion was made by Mayor Hernandez and seconded by Commissioner Freeman to amend the Overnight Accommodations section of the Mixed Use portion of Amendment '130 to provide for an allocated density of 15 and a maximum net density of 24. Motion carried unanimously. During further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Freeman to defer further discussion of Amendment '130 to July 29th. Motion was withdrawn. Mr. Blair recommended that Institutional Residential and Employee Housing in Mixed Use area also be set at 15 for allocated density and 24 for maximum net den- si ty . Amendment '17; 3-101, 0-3; Page 24-25 Maggie and A1 Fried of the Taxpayers League addressed the Board concerning this proposed Amendment. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve Amendment '17 as follows: .OPEN SPACE means any portion of a parcel or area of land which is open and unobstructed from the ground to the sky including areas maintained in a natural and undisturbed character. Open space shall be useab1e for sidewalks, primary access, set-backs, buffering, patios, septic tanks and drainfie1d areas, driveways, and landscaping, and the area of land under docks, piers and elevated walkways, and 50% of areas paved with permeable materials shall be considered open space." Roll call vote was unanimous. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. Amendment '17 continued Motion was made by Commissioner Lytton and seconded by Commissioner Puto to propose a substitute motion for the previous motion to delete "sidewalks" and add to the pre- vious language "not more than 10 parking spaces are per- mitted in the open space". Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commission Puto to amend Section 9-809 to add the words "except as provided for in the amended definitionR. During discussion, the motion was withdrawn. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to direct Staff to amend Section 9-809 to comply with the Board's action and to bring it back on July 29th. Motion carried unanimously. Grant Gelhart of the Department of Natural Resources discussed proposed Amendments #104 and '176. Cleare Filer addressed the Board. Amendment #104 Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve Section 9-8l1M2d as stated by Staff. During discussion, motion was withdrawn. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton directing the Planning Department to prepare language II 153 which would provide for a 3 foot depth requirement for pri- vate docks and a 4 foot depth requirement for commercial docks and bring back on July 29th. Motion carried unani- mously. - Amendment '102; 9-811, 0, 4a; Page 213 Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to approve the proposed amendment sub- mitted by Mr. Filer concerning proposed Amendment #102 as follows and refer to Staff for preparation of proper wor- ding: A. No fill shall be placed on a parcel proposed for development except for fill beneath a structure and fill in conjunction with an accessway that complies with the requirements of Section 9-8l1B(2) or (3). Motion carried unanimously. Amendment #101; 9-811Bl; Page 204 Al Fried addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept Staff's recommendation and deny proposed Amendment #101. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes No No Yes No - Motion failed. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to approve proposed Amendment '101 as follows: Delete present section and add as follows: RFi11 may be placed on a parcel proposed for development not to exceed 10% of the total area of the parcel subject to the following require- ments: a. The fill is composed of clear porous material. b. The area of fill is not located within the area of required open space. c. The fill is located in such a manner that environmental impact is minimized. d. The area of fill is located and oriented so that impact upon the direction and volume of historic surface water flows are minimized. e. The edges of the fill area are stabilized so that the fill does not erode into adjacent areas, and so that the contaminated surface water is retained prior to infiltration or flow into the undisturbed portions of the site." Motion carried unanimously. Amendment '171; 9-402; Page 165 Motion was made by Mayor Hernandez and seconded by Commissioner Puto to accept the recommendation of the Blue Ribbon Committee to delete this section entirely. Roll call II 1 54 vote was unanimous. Amendment '102; 9-8l1C - 0; Page 205ff Motion was made by Commissioner Lytton and seconded by Mayor Hernandez to eliminate Items 04(a) through (d) and replace with the following: "Fill may be permitted on the parcel proposed for development in a disturbed transition area in a manner designed to minimize adverse environmental impacts." Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to modify Amendment #102 to replace any reference to the word "parcel" with the word "site". Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to reconsider the Board's previous action concerning proposed Amendment 1102. Motion carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to delete Items 04(a), (b) and (c); to add as Item (d) the following statement: "Fill may be permitted on the parcel proposed for development in a disturbed transition area in a manner designed to minimize adverse environmental impacts." then to re-1etter Item (d) as Item (b); and also in Item (d) to change the word "shall" to the word "may". Roll call vote was taken with the fOllowing results: Commissioner Freeman Commissioner Puto Commissioner Stormont Mayor Pro Tem Lytton Yes Yes No Yes Motion carried with Mayor Hernandez not present. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the proposed amendment to Section 9-811C - 0 per Staff recommendation to amend the categories within the environmental design criteria habitat types by rearranging the criteria and eliminating redundancies, as follows: (see attached) Roll call vote was unanimous with Mayor Hernandez absent from the meeting. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to delete Item C-5 and renumber subsequent items and also to delete Item F-4 and renumber. Motion carried unanimously with Mayor Hernandez not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to refer Item 102 to the Planning Staff to be made consistent with the action of the Board concerning Amendment '17 and return to Board for further action. Motion carried unanimously with Mayor Hernandez not present. Amendment 1104; 9-8llM(6); Page 211-212 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the following: II 155 (6) The clearing of survey cuts or other paths of less than four feet in width and the mowing of vacant lots in improved subdivisions and areas that have been continuously maintained in a mowed state prior to the effective date of the Plan, the trimming of mangroves in accordance with existing law, and the trimming of trees and shrubs and gardening in areas of developed parcels that are not required open space and the maintenance of public rights of way and private accessways existing on the effective date of these Land Development Regulations or approved private rights of way. Roll call vote was unanimous with Mayor Hernandez not pre- sent. Amendment 1131; 3-l01S-3; Page 28 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny proposed Amendment 1131. Motion carried unanimously with Mayor Hernandez not present. Amendment 1132; 3-101 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny proposed Amendment 1132. Motion carried unanimously with Mayor Hernandez not present. Amendment '170; 9-304; Page 156-157 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of Staff __ that the following change be approved with the understanding that all replacements meet current FEMA standards: Add the following paragraph at the conclusion of the current language: The Board of County Commissioners is authorized to recognize by resolution the following groups as existing URM areas in following situations where mobile homes currently exist: (1) lots were previously zoned RU-5; (2) lots were previously zoned RU-5p; and (3) lots where mobile home variances were granted. Said reso1ution(s) shall be prepared by the Planning Department and acted on in a regularly scheduled public meeting. Motion carried unanimously with Mayor Hernandez not present. Amendment '174; 9-407; Page 166 (Note that a previous proposal, *84, has already used this new section number - the next item in sequence would become Sec. 9-408, bulkheads, seawalls, riprap and fences: Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission and approve the following: (1) The above uses may be allowed as principal uses where it is demonstrated that their purpose is for erosion protection or upland protection (except for the Big Pine Area of Critical County Concern). II 1 5 6 (3) Seawalls, in any configuration to include integral steps, ladders, platforms, quays, wharfs, and integral docks landward of seawalls are permitted, with or without a principal building, in all land use districts, for the purpose of erosion control. Attachments to seawalls to include davit pads are permitted, but specifically excluded from construction except as an accessory permitted use in all districts in conjunction with lifting devices and docks, quays, mooring devices and wharfs which are constructed waterward of the seawall. Riprap placement is permitted without principal structure for erosion control. Motion carried unanimously with Mayor Hernandez not present. Amendment 110; 3-101 G-3; Page 18 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission and to amend the definition of "gross acre" to read as follows: "Gross acre means the total area of a site excluding submerged lands, tidally inundated mangroves, not to exceed Mean High Tide, and any publica11y dedicated rights-of-way.R Motion carried unanimously with Mayor Hernandez not present. Amendment '18; 3-301 S-l; Page 27 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission and amend the definition as follows: SALT MARSH AND BUTTONWOOD ASSOCIATIONS means two wetland plant associations that are some- times collectively or individually referred to as a "transitional wetland zone." The salt marsh community is a wetland area subject to frequent tidal influence and the vegetation is dominated by non-woody groundcovers and grasses....The buttonwood association is an association that is usually present in the more landward zone of the transitional wetland area, and may intermix with more upland communities. Motion carried unanimously with Mayor Hernandez not present. Amendment '19; 3-101 S-17; Page 29 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission to amend the definition as follows: SUBMERGED LAND means land below the mean high tide line and/or the mean high water line of an upland water body. Roll call vote was unanimous with Mayor Hernandez not pre- sent. Amendment 443; 6-l0lC; Page 77 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the II 157 Planning Commission and amend Section 6-l0lC by adding the following: - Limited clearing to enable construction of protective fences, gates, shoreline stabilization and seawalls may be permitted if deemed consistent with the environmental design standards of these regulations by the County Biologist. Any site preparation permit may be allowed without benfit of a principal structure where the proposed activity is found to be consistent with the environmental design criteria, the surrounding community character and disturbed areas as shown on Existing Conditions Map. Motion carried unanimously with Mayor Hernandez not present. Amendment *44; 6-l0lB; Page 77 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission and amend section as follows: Every building permit shall have two separately-issued component parts: 1. a site preparation permit covering land clearing and on-site pre-construction activities; and 2. a construction permit. - Motion carried unanimously with Mayor Hernandez not present. Amendment '100; 9-8llA; Page 203 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission for the approval of amendments to the environmental design criteria with Section 9-811 to read as follows: ..-- No land, as designated on the Existing Conditions Map and analyzed in accordance with the standards in Section 9-805 and 806, shall be developed, used or occupied except in accordance with the following criteria unless the County Biologist recommends an authorized deviation from the following criteria and the open space requirements of Section 9-809 and the maximum net density for allocated density in order to better serve the purpose and objectives of this Plan and the Director of Planning or Planning Commission approves the recommendation as a minor or major conditional use. No recommendation for an authorized deviation from these environmental design criteria shall be made unless the County Biologist makes written findings of fact and conclusions of biological opinion which substantiate the need and/or benefits to be derived from the authorized deviation. Motion carried unanimously with Mayor Hernandez not present. Amendment #145; 9-809; Page 203 Motion was made by Commissioner Stormont and seconded by II 158 Commissioner Freeman to accept Staff's recommendation and deny proposed Amendment '145. Motion carried unanimously with Mayor Hernandez not present. Amendment '165; provide a habitat assessment for tidal wetlands as described in V.2 but imple- ment it in V.3 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission and create a new Sec. 9-809. Habitat Analysis for Tidal Wetlands as follows (see attached and renumber subsequent sections). Motion carried unanimously with Mayor Hernandez not present. Amendment #178; 9-8ll(M); Page 211 Motion was made by Commissioner Stormont and seconded by Commissioner Puto to accept the recommendation of Staff and use the language in proposed Amendment #104. Motion carried unanimously with Mayor Hernandez not present. There being no further business, the meeting was adjourned. * * * * * f\.*ta{;~ f(VC.,,-*_._~ I ~.'I.\ , Planning Department ORDInANCE NO. 'i -1987 - - , ~: 1.:1: ~ . ':- .. . loR ORDINANCE AMENDING i aEenON .6";io6, MONlO!' COUNTY DEVELOPMENT REc:tJLATtOKS. IN ORDER TO ALLOW THE llEINSTATEKnT', OF BUILDING PEP,MITS BEFORE TIE VIOLATION W BEIN CORRECTED IN CEttTAIN CIRCUMSTANCES OfttYr~CR!AttNC SECTtON 6-109, MONROE COUMTY Dft'It..OfH!HT lECUUTIORS. IN oaOD to SPECI" STANbAIDs.rot TIll RISTO- RATION or IlATIVE VlCUAnoa, CLlAUD OUTSIDE mz SCOPE OF ANY PaMtT,:I' UQUtltUfC THE UVOCATIOII or ALL aut1.l1. PEllHtTi AfPLICA8Llt TO n. 8m UNTIL TRW~fIISTouno. IS P!R- FORMED J PDMITTINC '1111 Ull1S'lAt'IMnT or TlfE PERHlTS 'ItOR TO RESTOlATION IF A RESTORATION '. AGlEEKEHT IS ENTEIED Itn"O 81'1\lau THB COUNTY . AND THE, f!RMIT NOlo.., PROVlDING FOR A bSTOtATION CUARANTEI, - PROVIDINC FORMS AND STAHDAaDS rOR SUClI A WTORATtOR GUARANTEE I PROVIDING rOR THE PtoClDtmI TO DECLARE A DEFAULT ANl> US! THE RlS'TOlATtOIl GUARANTEE FOHO TO COMPLETE THE UB1ORATIOt1 ACREDltNT IF TH!RESTOnATION AGlEEKIII IS NOT'PERFORMED BY THE PERMIT NOLOIR, PROftDtNG POI THE REPEAt. OF. ALL DEVEt.OPHENT RECULATIONS III CONFLICT lIERE\JITH, PROVIDING FOR SEVERABILITY, PROVID- ING 1"01 INCORPORATION INTO TNI KODO! comiTY DEVELOPMENT REGULATIONS, AND PROVIDING AN EFFECTIVE O^TE. . BE IT ORDAINED BY nlE BOARD or CO'TlfTY COMMISSIONERS OF ..t!. .; ':~ . ". .' ~ROE CCUIITY, ".ORIDA, tha t : Section 1. ""'9:r Section 6-106, Monroe County Development ~~',;U~~tion., 1a hereby amended to read all follow., Sec, ~-l06 aevoeation of building permit. be-hUtli-c-.of-l.of.de-l-...11 ruo". -Mt7.~..UtUa.-penai, 4 r.dnlefl.al1.y-.....M. -.,....., -it- eetH;",4....... ""'" -~ _." Uut hft ~w-,laft.-i..-vk'eh-tha-p.ra"-va._......4,_.._'f_ve.k_'._......ak- eft - c.ftot~eWT- -C:'C)o~ .......hi:oft.. -e' - ehe- ~-l.ou.- .,e~ -1Ift le... t h. ~._tk..i...-w..k-i..'...,tlY-'...e"e.y The Bundin~ Official shell revoke any buildin. permit: if a mater13l1v fftlse statement is contained in the application i or plans for ~h1~h ~he permit "'8. issu~rl. and shall also revoke .-t.. p"!'!mlt if work is undertaken contrary to the conditions ot '- buildlnR permit unless the unauthorhed work 10 prompt~ corrected or L \lhere uPP.l'opr1ar:e ~~~ of Sec. 6-109 ~ ,... '-" '1~ <<...J~',....to ";l~,i\ i-~(IO) ~~~ 0\ ~~1o. ~'\~e..!.~~ vi 1M. ~ect1on 2. Section 6-109. Monroe County Development Regulations, i. h.r~by created to read 48 follows I "'- "..,-.... <iIl""',- '- -- - _.~ . 1.dI .,. .................~....~j.........,.,-.,..~.~._~....... ~. ~ . ~ . ".:.: .-n .- ~j \..." ..--- .("-........-. r..:.............. ,............... ,.... -.",",- .' ~ ~'< ~. ',";. . '~f~~t> -'. A. p.~ ; ~b, -~~~I ~ .lte tk ~~ 4W t-~K "L.4t.- l-Itu.~ -~ \A.Q.V ~ ----- ~ !'~ \)4) ~ - . - . "'""'-~ I"; " \ .... . \ + ~. __,,---..~,~.Itl.~..~; ---_._~"'--- In thll event any land ..!lo4~1nR'~~bul"l:~n al.i.~;'which " . ," t, . i8 shown 88 .lash ~ln.land,.trQP{c.l hardwOod hammock, .'-.. ".' . . !cnlb man~ove.. lalt marihond buttonwood a..ociation . 't, ,"j ." .........". ""'." - ",.,.to. . .' -- ~.;, rll; .. ':r:i:"" ~ .~ '}l..1. . ,". -~!:...,:.~,....,T -. - .- '., ..... .,. and-Anrce;ent. · r ... . "I.: ~~.\. t. ....: ..; , .. \ ,,' ~ . ., . II.~. '. .'(.. It 'r.' ~ H :'0 _ .. c1l!ued with native.treel of the loecite de.edbed 1n Chapter 1, See. 0, Vol. 1. Monroe COUftty . . Comprehen.iv. Land Use Pl.n, a. APpropri.te to the eite unlavfully cle8r~d. The trees .hall be ~8t ( ') tall ,ft. ea ten foot center.. The s~ecie. mix ,hall coneist of the approximate percent aRes of tbe predoalnant tree IPecie. on the lite unlawfully cleared orior to tb. .iolation but it any endanller-ed or thJ'eaea1\ed tra' ...des. IS.. d..cribed in C....cer 1. Sec. ,,(%). Vol. t, Monro. County ~reh._ive Lan4 U.. Plan. vere unl'wf~l~ clear.. then che.. tree. ,hall b~ ....N""~d w1 th f..~ C ') .....d~... reltard1e.. of predominance. 3. At lease 801 ot the tre.. ~..l.ced. al delcribed in eubparaarapb two. ah~l~ Iurvlve fot . CHW yur I period Alter the date of the last replanting, however. deud or dYing trees may he r,placed dudnJII: thu one "ar period in order to .nure the 60% ~tnfmum is m..t at the vear's end. 4. All ~xotlc plant species, .a describp.d 1n ChAp-ter r V,I.-U \ VII. PP. 163. 170. 178. and l8J.~Honro. County C~rehensiva La~d Ule 'tnn~ ah.ll be contlnuousl~ 2 "'t"U lliI""'*. .~ .......... ;- \, '~~ . ---, I ~ ""- .; ~ . _ ,.r,/UJ' ..';'1r.i'''lJ:~' I -" "':I~J~ii'I;~ , " .... t' "'" ,:,':;', ..'- removed dur1n~ the one Year ~eriod de.e~lb.din .~~~ ;' ,." . .~. ~f~...;; i ,)- .'.:=:' . ~l.,. ,:~'," _ .~ " "' lub.ection three~ B. . ~.. ~ . In lieu of cOUIPletion at the r..touUol1ducribod 1n ..': ,~- .,...--....-. ,--" .!,' Section 6-109A(1)-(4), the Build1n~'-Oflictal m~y .~lov reinleatement of the buitdina permltC,) it ~h! . follovinR terml and condition. aro metl -- 1. The ,eTmit holder Ih~ll enter into a biddln~ . ~. ~ I . . reltoration ..reemant autually covenanting with the County that, In cOftslderetlon for the reinstatement. of the buildinR.perait(I>, the .' pemit holder w111 reltore ttae unlawfully cle.re.!! . property in the manner deacribed In Sectlon 6-109A(1)-(4) aeeordinA to the IChedule required by the Building Official. The BuildlnR Official 18 hereby authorizea to enter into such an agreement on behalf of the County. 2. t~ order to allure' that the restoration atreement .' .0. , . i. carried out, a '~..tor.tion ~arantee .hall be required. The To.toroticn ~u.rnntee Bholl be the ~ . . lUll of the followtnR alDO\sntls - "- a. One hundred percont (1001) of the .atimated cost of the restoratton describe. in Section 6-109A(1) as estimated by tbe County'. Department of Public Works, or, alternativelY, one hundred ~ercent (100%) o! tbe price of . bindlnt contract for the Teatoratien ~nrk required by Section 6-109ACl) antered into with a contractor gual{fied to perform lueh work. b. One hundred ~ereent (100%) of the ..timated cost, .s a,tim.tad by the 8uilding Offtcial, of per!o~tnc the reator.tion v~rk deacrlbe~ In Section_6-109A(2)_(4), or, alternatively one hundred ..rcent (100%) of the price ot . bindlnA ~ontract for the restoratIon vork described 1n ~ection '-109A(2)-(4) entered , - Ilnfll I . .,I.............. , U~.J. , ~ ....... _' __ .L....;"'-_._ ~ 1 ...... :~,:,.. ~:\,-,:~; . -:~j 1 - -. -'. '- ~i -" 1.c:=.:.!.. \11 \41_.~Lnt~!::I!. 1.{~~.a..!!.c!r~'!F_'!. ~ ...t't. i :..!Cot . .4____,.... 2' On!-.2,L.1i::'L1t.~l Jnvfna f.Ot'!JL.~C!'torl'1t1on !S~t~.l_ta~~_nlltltlnt It.,,crU:ed 1n Seill~: ~-109B111.L~h\l! b~ 3~!!.~.~~.~ith tbU!..'!.tE!'.!!2!! I 1 , .-.i og\".!~.!!~ !..:-...h!~ of -S.!~ rl!!..:..-'1!!:.J~2!U'..J..t~r!.!!:..~.!..}ll! _~.'1i ~hf: c~.me:..'r.iul l~!!.!!'...il..L!'~~l!..._.b...!!. ~~~~~ePt.ble to the C~untY-1l~~~~~_Th~ .!!!lliL '!!.. ~~Jf: ~o;LP.!!~!.U~L!;~!! W.~l::.ILfJE!!~f .~.~_t i ~!.I:.!!~!~ ,"~!..ll..P.=!::"..!.e!...!!~ ~J.!!.!:Y...!..~_!!...!:1!!hC:~U~..L ~,j :....~c;!P..L...!:o.! 1.'....1ng .~b:~_ ~~ Jp.!m~I!..2.L ~....!~.: f.'.; ~S....!~!St!..~~~ !.~~::~. !!!!:~:t: ~:.~..!'~ :l.!'!!:':':. J'! _,I::':.~,P JE'!!,:-!!j~. _!"S.E..~/~~_;Lt J.':!~ .;,;-~'~:!!a~_~(!. ~;_.''"l','; oJ: ~J:,c_..~!::~,t~I.U::;.~ !:f.\;:i!r;:~._!;:~.)L~!=~.._I.IJ~~~ ~!:-~:.~!-..::!) I.!~ 12t' H IIl)n~'!!&...l!l!-!.h.c ..ratcULU!l.~. !.!!L~.~~'-H~~!L!J!~!:!~r~!:!!!.._'l~'-':" ~...lli~ !!ili'::.!~"'...cl...t.h(' lyJ.,lc1c.I~)t OF~c:iul t bn !~~,..!!~4rd It. vor:k. !.1I c:offtJ'llp.tl!.1l>.!!.L!!! '-- !!~2~o:!:.L.~!.!!,L~~~_f1n.l t"~.!'c.:QlIt: (lO!t b.! !.~.:!~- '!.:'t tU!1L~_'y.!_O.F_l.~~!.v"bi 1 i tY, !!'~'!L!:.~E...1E,.1!1~~~.!!!,!!l"'~l\1' t . ~t !!.5:~~~lli.uLil.!!.!...!!' ~ hav._!"~~t. 'Ill" i'L".!;ll_~!t';!~~,..J..!...!!,lL~lSS.!!':.....t" l"~h'~!~ t'tl! 1; !!E.,!I!.!...L!'2i!...!! !J. f1 ~,...nr t mild.. -!! t:.::.!.. ,:~!: ~~ili!::!~~!.!_~.~' ,i" (lflJlt bv lht. !h':-yd ot C:"tnt'l ---~-- ..--------- ---'-- . , c: o~::'):; f ~-\ ..1 ! t H 1f.~ 1-'; . -.. _. . -...-..- ........ ~'.:....,- ~~r!L...,_'::,~.~'!..:_ 'rill' h'lId :;1;...1', J,.. i.n .. t" (' :, .:n~ .......---..-----. -----.---.-.. ---- ',.'t i:, .: h')il,':il1:~ l'\"'lOt;'l\' "n-"'r...v...., '" {'IP COl'''f V ..-- -...-.. .---.. .~-- '.-.'--~.~~...;",.,:,-- ."'.. .-:;."_.:.-.:. ....~-..:....:.... :\~ 1'\;1".:.. '!'l'" be' : . I. l' L . ,t I.' .. '.. ..'.-.. "0 - :.. .._....;~_.._~~..\.. ..:t.. rle 'pcl'"',...' f t.Cl I I)r~ .............--- ..J..___...... ~... .. ::'.!!~~f'", ~.: .'. h~"or~d .~ ,I:".,. ,.. ,.,... ....r ...... ... . .... -.......-.-... .--.--::._' '. ...::.....~..:...~~!... _:.;..::!.~ ~!-.:._~~l'..~:, :.)f the ;i'81 (It'a>:j,cn ~t.""-tJ("nt' ------ ................-.-.--.-....;.-=:.-..-..:- !!l' , ,'a .~~, 1.11' ...". \'(' ,d ..f... I., . _". ,. i . .-...--...- ---~.:....:..:..-...Q....I..., ..t. "')"~1 ~ .;nr.. ..lru..U .. .......-.-.- ...._-......_.-._~-~- 1,':..0:0:, "'J'r: 1-".., " '1'. :"1" ttt.~jlc1in,' :lI'f;(.tnl ,.f ----.... ...._,._~--..:.....~....:. ..- .__........~=--';~ --'- t;i(..' T,"'!.~,,:-!' r ~ ~ H 'ft.. [~ ..-.....- _.. -- '.-- '-.. ....;. .. .' " '/'.... :.d .:.~~._ ,r-~.:l~_~'.~:~_~.I.!...~~-!.~!~!L_'!~E.~!..t....!!~ be 0,!....ta'Jl i:.::~l..Ln_!I;~ t1ml!~!:_ !"1!l4u;red with a t",lr'l';l~).l inauTl!:t :irulnci/ll tn~;t{t\1t:lon --.---.....-- ..-------- (:lftr.inf.lfr.C!r e~rrOW('e) to " ftJ~ vbicl~ l11af.!t' ----------.-..--.---- ( ..ho IlPTlrovd of t!!!.._~unty Att.I!t'MY: 'fhu dceount tlhnll he fao!"1!h'1.t:.~~~~:nwee in accordance with an cacrr.w agreem~nt ~~d into betw~~ the County and thb p.rmit holder. .!h! Pounding Offieial 13 ~~_mithoriud tCl .ntar Into. .u~ ~~r!~~~nlf of t'le County. .The l'~!:..t';~_~!l..!_s..~_~cl."ill1\JfIl reoql.!!.!.!.l. D__)'he p.Jcr~~._~i. ~.l..l?!!L!:.'! tb. Coun::!..&.....!!.: ~ .~~_t:()~!.!!!;,_~.L!:.~.5.J_. fellow i. nJU.!!.2 (j~i:!~!'2-ti()n.,.~~_.!I_~\!1.c , s1l":h ...:"!!!...~!! -.... ::!::....E.~.L!~.~_!~2.s:.!'ill...~-1.t.....::.~'.:?e J I!' t'e tll('. rl!Rtflr!ltion al:t:F!.dins....tn the t!=FtTls of the i~"storllt1.0jl.!.&.reemr.nt. _ "he ..~';,ld . ,_ !~tll.~ ~~~..!!!.l.:b(! =I?~ud downwil rrl 2Y. the iltJl1 dt:\g Off!s!!lJ!ue in nL~!:!:!~ sl\oll. r:h. fiMl ~J!et\.e.n.!..J.!..O%, be ~hbut"Sed 'Jl1t;.B. tht: ~~ li'E:. ~I:!.~ ~.!l!.!..i..!:!x.._ut"f;. l1~d C'lto.lli ~i...~..h.~tt..!.~!l!!i.!~I'\!p.ncli of ~lIctio'l~ {,.:,.i9d} find (4) hllV~ l)":~n met. .-------.-----. - ~~....!hff i~l-U~r. holdlt't" !>!ad I.l ""Tee "v rl'lcH8p. -.-..... ...-_.___;.:.sl___.__ \'h~f.l!!!"L~ I,ll pav:rentg ~1..d2' .'------ J.?:;!:t}.l;I,:-~!!..L!2-!"!l..!'_~!,f ..~J~_. nUl 1 ~~~1i ~f r !.d:~l...!i!~~"-:.L.d~f flul!.: nn,; bt...'O - -.-.- --------. !'~ c'l,.~!( d b" ~l~t..l!2~..I!L~~~~ ~\.:'V'li'r~~Sl.'~'l~~_'l.:-' . -....------- '.- ..... ~ -. _...~ !1__, !:.I :~,~: ~:},~I U h.::....~~ E~il..l.;.;. !!t.t~(' 1 :t1 dt'tt':- ." i "'r,:~ · 1w r: --------.---.- tJ:!: ' p.~r!la t .lli'2~1c' r -h!:.:~...!:~it~!L!:.~.?r f C)~.l ! I;:, --.-.... ~_. ..... !..,:_:;3~:..!.!..~~m wall\: !~!:P!2.~~. t,', tn., term" Gf till"; ---- ----....- . r .!.:'1.~!~ ~,l. tj..,.!!.. .:.!.!!.C:!.~-~~l~llii.. ~2..!:~r.b:_~' it'! t:!.I' '.crt!." .If "h . r .' . _ -...- _. '_._..,_...',_:-..'!_g!!.'!.~lu,r.~,._ ht're.,.tlbc>vf! I'~l flU th .---.---.. . ----_.::..-...~ 5 I .. -..:...---... --., '- .~ .~~. tl1l!.."'U!, \~~}.~_2,!..r.I~J.~!,.....!.:!!!!!!1 ta~f.on wi ~:~ - --'..... ~~Q'....!!E.t:!t:-: r: .,. .!!!! y- t!<:-" Vnf' 0 t' IIIQ r,' 0 f t~ !~'.u:!~i..!!.S. ..!d.!E~ !.:.._~~!... thl:' Cl\sUf the CI.. .~1"('" or htt!.!J~.E g..e.cH.t. the UuUd~t!&- Olfld.!!..ohaU '.&d"l<l~ !1'.!...1!!!.!'1t h"ld..... 1n vrltinF.. cf t!!!.l.:~nu~ I{vin~ the permit ho}d~~ 30 dSY8 ,tt c~=~_~ ~lt:..-!f th" pendt h!'lder filth to CI.tO the default , the BuildlnR Oifietal Ny recommnnd to the Board of Countl Cocn..'niu ion~rs thet tllleY dec l:1r..!...E!'a pl!~'ml t holder in default $ltHi, UpOll wri tt"n not1fl~~tlon to th~ eacrow~e or i8.uer ot the -- --.. t~tter of crr-die. 80m2 2~~t or tho 8U~~! ;'.!!.:~I,.!,;1 dlll)(ll(~lltJ:.!!!!~t to the .!~.!.~ :!'rreenlflnt. or lettr.r nf credit 01"'111 be ~ ._- ---- -- ~"~\Iraed by th~ O:lC1'.,,,.. (It' luu'!t tml,) 11- ~lhe 8utborizatton of the !~~in~ " ""-. f)ffJciill..-!!nd-EF~.~rO""~c or 1.c,"uer N!!nl~ b. L~lea9~J b~~thQ 'l~L,.tt~_!.nld~r U3 to such t'EY!.~r. ~L. l!.~. ...J !L.! ~!.~~!L!~...2 L.:.L!~'":.c_::..Y_J~I1"d~ ,~_:: Pou 11 J ~ 01& W~!!:..UJ 1I~'~ 11 ini.,r;!~~_.!:.'1;\dinl: l~"~~~~Lb :!Ul1~.!S,~.Lr!t.!..k~!.1..!:.~n...ucque8 t ,tha.L,!! ~,!~.!:_":!.!!t..!!~~lt:llI~rJ. nc~!PE_~ to I:O!'lP le!:~ th: !!1!lI:':; ..!!J. .!~:~.!_c~:~ ti!!!!..:.. ~~!..101)~~ J'-~l ~,'t:\:flJr.t: :.'f tho: Hf)l\l'o~ CO\lt.ty O'-:'J.!;(';:-,.O!nt P.p.(...Jlllc: ("r.t! \.\" I"lr~:. l!mr,;:o:- ... ,~\1I.fl ;,,':t r;1th ~ h(!!o".: a;1;C'C"f.un!l ",-e: 11t.>:'o:lbj' ,....pt"!;;l..d :.., 1.:H' tl);t~lll oJ !-o:.l<i ,:a61iH .:t. ~!:.c;.H.~~_~~ J t Id'j' :"1h,".1l."'. It.I:-,,'ecc'!!'n. cf't1l.n~<:. r.i.'l,,.r ., .)': I':'~v lot.i ,jil "f C'1l':. !/rdhlll'iC" i It he! r! i r.".~ 1 trl. LI'..: fC:I.\:llndl.' ,,!' t.;j.; O,t"dill<.lr.:.. utI ".' I' r l. ~I' r I' L I J' J .. y . ,U ", "'.!'!C_;J, by ~I.(;.. ,nV.1 '.( ify. ~~~.~1_~~:.~ '.'h,! r1 vV :,Jlm't: ,',I' thlH Ord!n:..1CI! 1i!-.11 n lI.! {ll,;l.uderl ant! {..I\.:...f....'1 :.~,.._I ,., I} tl,'" "'nr. r. t " J .. u ",:. .., ,',. 'lC JO\,!,fl ~y ..eve- ~Irl!l(\nt. I. R"dl:J.'f'llill'; UI' or"l ...hHti.:.n Ilnd 1J1'It?11.!!.,...~\r dl(,'j:eto '.oil'!',.. n'ls C/: ,tlllr.lt'."" ,:..~,:. . .-: "', f . G '--"""""_- .,,;/;./ ..... :'to" \ , S~ction 6. This Ordinanee. .hall take effect , . ,~.,:-~ ,:'Ol~~dl\1~~~ li: ;," \\-;. ~ wh.u .. t\J\ ,', . ,- ". ,iminiltrative TUb of' the Govern.or ancl Cablnoc. e1tttDl .... 't~. . " t. . "." . to' . ..... . .. . ,',. Baud of AdlIlnht~.~l~ ..cIb_Pt~';~1.-0-!'<'YilanC~~.~';~n=t'i:\ to the Monroo County' o.v.iop..n~.1~"~:(;!aD~~"]~~ i'" ~.~t:"9?~ 'ASS,~1) ,Atfl): A~mo ~1'Jh. ;~3tT!~!(~~tJ:' c~'~~;~~I'~~' of::i Monroe ~n~1.'ri.olid.t ~t:~. r~iit~~~~~r~ of '~.i~ 8~~d belel ., , I ~'"'''' ' " ,'. ;'<~~~-"l~:;t : '. ':' ; . .: ,.; :'. 0, ' ~ on the " day;i>f;:'i. ~ ;'::;",~".:_;~~;.~!I/';' ,.';A':1)., 19~7~': :i;:':,,~",i " ~ . ...~{..."...: .:.'.... . i~1-'~':~~~e. \4,,';":.~.l.t. . r.t~,~'~,':'~~'f;': :::<. J - .:. .',1 ~ , "'11'>.'" .,,1, , " wt(.;!, '.'lt~ '(/I ,.." ""J ]"'. ", -c. " ... .....,."t..::..:;.. "'~'.;J~!-;" ...:.......~,..;.~~...; I, :.r-'.; '''-:';':':.~t..'..t-:'~I.\.. '..:. ,,""if, o . .,t.;:: : - ~;.~. ~~ IOU. If; 0'. C. OUITY COMKI. sSt~tS. ". ~, , ;;f-~~'" :,~~.j,O' ~a~.~....,VL~a~~:,!,:,.:,' :'.:~J' " .:-l'::,,~:;:,' '/'.;, -G'~~~<r;'."': j,~',,~\,~,,'~~'.1.~,,):~:,,~,..,I-W' . .' ';,~;!~"" '-J,;~;!l!" :" '~~~1.~~'" ":">:'~~::: ',~ 0' ~ By. ':~',' ..~ Kayor/Cha1rman ," r (S!~L) -- " J~ , -- " .' . oj, ~ " t:! '." ..' " .:~~a. .' -:-.~tr . '.....~. .... . ~ ::~',. :',,-, l,tt8.t I Clerk " , , ~ . ') '.. I; i.''''" .', 1~~I'J.~-.~ ....~.t.7t ~;.:::~ . t;'~.-. ?'-~~.\~~ ":~:f.t. " , ADOrno I ' , FILED WITH~~~; ~ . ~. ':'.' .~; ....' .'.:' , ,. ~:.. ~'!' . ... ' . ~~ \';'. , t I. EFnCTIV! 'DATEs i. . ", .~ '. ~ . /.!f'. . ':.... . .'t. . '. .', .... :':'.~ , t. ~'. i ..1 :. ~.' , , ... . . . .... '""" .... , . '!, .!' """"OVEO ,1.\ ! 0 '(""" ,; AND UG"~ :;iJi;' '. ;.'Yo BY AolltKn.rs C... 0 , r 7 """. ~~ .. f v. ':', ;. '-,' e -- I}fkdt~f2- " I \ ___i All structures except for surface access roads shall be elevated on pilings or other supports such that t~e natural hydrolic regime of the site is not altered; ~~r~g9 to any structure shall be by elevated structure on ,rface road or path that is designed and constructed such 'lat the natural movement of water including volume, rate and ~ction of flowri11 not be substantially disrupted or altered; and Wastewater treatment sh~ll be provided by: waterless toilet approved by the Florida Department of Health and Rehabilitative Services; or (b) wastewater treatment system that is located or discharges in or on an upland habitat type, as shown on the Existing Con~ d it ions .Map. IJ rt::' - invasive exotic species shall be removed from the parcel ~ " ,d for development. ......- """"'-- , ilanunock (High Quality). All structures developed, used or occupied parcels of land that are evaluated as high quality High Ha..ock accord- ~ to the habitat evaluation index set out in Section 9-805 shall be de- gned, located and constructed such that: All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit or a site preparation permit; The edges and general dome configuarataon of the hammock are pre- served in their natural form; Unless the develepment involves clearing of less than 10% of the high quality hammock, all trees with a diameter at breast height (DBH) of greater than 3-~ inches shall be preserved or relocated pursuant to a transplantation prograa approved as a part of a conditional use permit or a site preparation permit and all specimen trees shall be preserved in their natural form; All areas of required open space shall be maintained in their natural condition, including the preservation of mid-story and understory vegetation. All areas of required open space shall have minimum dimension of two hundred (200) feet and a minimum area of at least one-half O/"/.) acre. The habitat of threatened and enda.gered animals shall be preserved. All areas of disturbance shall be ~naged to avoid the introduction and/or establishment of invasive exotic species; All invasive exotic species shall be removed from the parcel pro- posed for development. r- I I . - 2.05- .;..~ '";\~: . "[: --- ...-.." rt>:lii~.. .~t.",,,,,,,,,,,,"'~..""""""_t' '~..j .'i.' ~~.....-'--'~it'~-t"'" ~-;;'''''''''''~~_l~''-''_~'_'.J_' ,,' ~ --~-:'- . - .......,_....--_.~-,-_._,--._-_."-------._"----,..~...._. r-- _~(Moderate Quality). All structltes, developed, used or ~d on parcels of land evaluated as moderate quality High Ham- mock according to the habitat evaluation index set out in Section 9-805 shall be designed, located and constructed such that: ,. 1. All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as part of a conditional use permit in accordance with Section 9-710. 2. All trees with a diameter at breast height (dbh) of greater than 3 ~ inches shall be preserved or relocated pursuant to a trans- plantation program approved a8 a part of a conditional use permit; ~ll specimen trees shall be preserved in their natural condition. ~. All areas of required open space shall be maintained in their natural condition, including the preservation of mid-story and understory vegetation; 5. AI! areas of disturbance shall be managed to avoid the introducti ~nd/or establishment of invasive exotic species; 6. All invasive species shall be removed from the parcel proposed fo development. f." ~;oh_2~mmock (Low Quality). All structures deyeloped, used or occupi on a parcel of land evaluated as low quality High Hammock accordi g to the habitat evaluation index set out in Section 9-805 shall be designed, located and constructed such that: . or 1. All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program ap~ proved a8 a part of a conditional use permit in accordance with Section 9-810; 2. All specimen tre.. shall De preserved in their natural condition ~ 3. All areas of disturbance shall be managed to avoid the introduct and/or establishment of invasive exotic species; and 4. '"" n All invasive exotic species shall be removed from the parcel pro osed for development. F, Hammock (High Quality). All structures developed, used or occup on parcels of land evaluation as high quality Low Hammock accord the habitat evaluation index set out in Section 9-806 shall be d located and constructed such that: Low 1. All listed threatened and endangered plant species are preserved protected or relocated pursuant to a transplantation program app as a part of a conditional use permit in accordance'with Section All trees with a diameter at breast height (dbh) f inches sh 11 b 0 greater than a e preserved or relocated pursuant to a transplanta program approved as a part of a conditional use permit; 2. '- 20' _-:'.. ..._.............:..~"\l. 'II" ~...d..: <;.,.;,-~,____....;i.... .....,,, r ~'. ~ l'qJlm b....~'.;;~.~lMillli..... .............-.... ~. .,.~~. .........- -" ed ng to signed, oved 9-810; 3 I, -2 ion 3, All arJlltof required open space shall bCllaintained in their natural condition, including understory and ground vegetation; 4. All areas of required open space shall have a minimum dimension of two hundred (200) feet and a minimum area of at least one- half (~) acre; and '.-"'"'1 nabitat of threatened and endangered animals shall be preserved; 6. All areas of disturbance shall be managed to avoid th~ introduction and/or establishment of invasive exotic species; 7. All invasive exotic species shall be removed from the parcel pro- posed for development. Low Hammock (Moderate Quality). All structures developed, used or occupi d on parcels cf land evaluated as moderate quality Low Hammock according to the habitat evaluation index set out in ~ection 9-806 shall be designed, located and constructed such that: 1. All~listed, threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approve as a part of a conditional use permit in accordance with Section 9-81 11 specimen trees shall be preserved in their natural condition. ~ll areas of required open space shall be maintained in their natural condition, including understory and ground vegetation; '>. All areas of disturbance shall be managed to avoid the introduction_~ ;-1n~/r.}~ establishment of invasive exotic species; ...... "asive exotic species shall be removed from the parcel pro- for development. Low Hammock (Low Quality). All structures developed. used or occupied on parcels of land evaluated as lo~ quality Low Hammock according to the habitat'evaluatibu index set out in Section 9-806 shall be designed, ;,nd constructed such that: 1. All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit in accordance with Sect ion 9-810; 2. All specimen trees shall be preserved in their natural condition. All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; All invasive exotic species shall be removed from h for development. t e parcel proposed 3. 4. Palm Hammock. land evaluated dex set out in such that: 1. All structures developed, used or occupied ~n parcels of as Palm Hammocks according to the habitat evaluation in: Section 9-807 shall be designed. located and constructed :;~t;~:::d thre~tened and endanaered plant species are preserved, or re ocated purSuant toa transplantation program ap- proved as a part of a conditional use peraitin ;ccordance with Section 9-810;,", .... '-'~~~':"j;\'-"- :~,~,~",,,,,,,,,,,,,,,,,,.,,...;;;..,.,............,,.,,,<......... ....."..."............,....... ..~---......:""."",',~. J," . ..10:10;, "'., -". . ."-..- "";.-1. ," J.~,...._.....,.,...__...._.. " \. , ."l~,.~:. . ~'t'>.r. .. 'A;~": ,~.i~: .,. ~,. 11~~;;~:l f~/ ';i1.:.:.'.~.. " "~>~'f:: t~:~~;/ ,~ ..... ' ...... \i. ,~ ~;" - 8 - I e. All invasive exotic species shall be reaoved from the parcel proposed for development. 5. On all lands classified as Disturbed with slash pine: a. All listed threatened and endangered species, are preserved, protected or relocated pursuant to 8 transplantatioh program approved as a part of a conditional use permit in accordance with Section 9-810; b. All specimen trees shall be preserved in their natural condition; c. All areas of disturbance shall be managed to avoid the introduction and/or establishment ad invasive exotic species;, -~. All invasive exotic species shall be removed from the pare proposed for development. 6. On lands classified as Disturbed with mangroves: a. All conditions stipulated in Section 9-811 M shall be adhered to; ........ All invasive exotic species shall be removed from the parcel proposed for development. 7. On lands classified as Disturbed: 8, All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; b. All invasive exotic species shall be removed from the parc I proposed for ~evelopment. r ....-,~,... ''''...'.\..---.....__r''lIIJLLL,t~,..,....~. '''<iJM.", '.~~~I#l,-...:-.. ,...,,....~___ ~~.....~.. t:.l~ -,jJ..';,"'~'*~l..,6.t ~"':(,"""'''' \. _ e 2 . All trees with a diameter at breast height (dbh) of greater than 3-1/2 inches shall be preserved or relocated pursuant to a transplantation program approved as a part of a con- ditional use permit; Jpecimen trees shall be preserved in their natural aion; and 4. All areas of required open space shall be maintained in their natural condition. including mid-story and under- story and ground vegetation; 5. All areas of required open space shall have a minimum dimension of two hunred (200) feet and a minimum area of one-half (1/2) acre; ->' 6. All areas of dist~bance sall be managed to avoid the intro~uction and/or establishment of invasiove exoitic species; 7. All invasive exotic species shall be removed from the parcel proposed for development. 8. The habitat of threatened and endangered animals shall be preserved; J. Pinelands (Hi h ). All structures developed. used or occupied on land which is a part of a high quality pineland'sha he designed, located and constructed such that: 1. All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a trans- plantation pro<<ram approved as a part of a conditional use per.it i~ accordance with Section 9-810; All structures are separated from the bOdy of the pine- lands by a clear. unvegetated fire break of at least fifteen (15) feet width; 3. The habitat of threatened and endangered animals shall be preserve4; and . . All spec1menc Crees ahall be preserved in their condiCion; natural 5. All area of disturbance shall be managed to avoid th introduction and/or establishment of' . ,e species; ~nvas~ve eXO~tc K All invasive exotic species shall b e removed from the parcel proposed for develop.ent; inelands (Low ual1t .~ d All structures developed. used or ha~~~e on land which is a part of a low quality pineland be designed. located d an constructed such that: -;208 - . ' ~ "~'.. '- 'J1_.~..'t t..:.....Ilt~........ ~""'T ~t ...~....... ~"'.,~ "~ .>-J.. . . '+<~;\~:~ ,. -. ~-.&...4"i~- --"'..... -:-li' l ....~,:..."._ t ..... .' .. l-,":,: 'Il --., I I I '" e e - ~ threatened and endangered plant species are ~Lved. protected or relocated pursuant to a trans- ol~~tation program approved as a part of a conditional use permit in accordance with Section 9-810; All specimen trees shall be preserved in their natural condition; All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; All invasive exotic species shall be removed from the parcel proposed for development! each Berm Com lex. All structures developed, used or oCcupied parcels of land which are classified as a part of a beach-ber -l~v ~hall be designed. located and constructed such that: ~cr~~tures are elevated on pilings or other supports; No beach berm material is excavated or removed and no fill is deposired on a beach berm; - lhe clearing of beach-berm vegetation is limited to the minimum clearing required to allow development of a permitted use; -... l areas of disturbanee are managed to avoid the Introductio clod/or establishement of invasive exotic species; flt.L I;'''''m.~ ~-f,,, St-.. s'f/ &. I%t-.t ~-dv f,,~d ,p rol'''/ /" d~~/.H J ~ . ~ ~~. .I t:.,~, -LT..... . - ,)0'1 ...........~"~, . -~........~_. ',-,. .~.;.....;.......-.........,-~..:~"", ''';'-.....';' -.~, . ~ , , ]' . " ~.,. No outdoor lighting shall be installed; .;. structure shall be located within fifty (0) -- feet ot any portion of any beach-berm complex w ch is known to serve as an active nesting, or rest ng areas of marine turtles, terns, gulls or ot er birds; and I ~. 8.No structure other than elevated walkways shal be located on the waterside of the top of the dun or . berm. M. Mangroves and Submerged Lands. ~ 1. Except as provided in subsection 3, only pi rs, docks,- utility, pilings and walkways shall be er- mitted on submerged lands and mangroves; ~~ All structures on any submerged lands and mangr ves shall be designed, located, and constructed uch that: a. All structures shall be constructed on pil ngs or other supports. b. Bulkheads and seawalls shall be permitted to stabilize disturbed shorelines or to place deteriorated existing bulkheads seawalls. c. No structure shall be located on subm land which is vegetated with sea gr except as is necessary to reach waters -least 4' feet below mean low level for do facilities. d. No docking facility shall be developed a site unless a minimum channel of twenty teet in width where a mean low water dep at least minus four teet (-4') exists. 3. No till shall be permitted in any natural body; No till shall be permitted in any man made body unless the applicant demonstrates tha activity will not have a significant adverse i on natural marine communities; and " . 5. nl ~ re- and ged ses at king any ( 20) h of ater ater the pact All de... e 1 0 pme n tot her t h a n sin g 1 e rami 1 y de t- c he d dwelling units shal make adequate provision or j_ ! - 21D - 'L ":,.;,_i"'~"""~'~.' ~~~__........_ :;. ',I, " " ,~~ ~ . ., 3. On lands classified as Disturbed with beach berm: a All structures are eleveated on pilings or other supports; b. No beach berm material is excavated or removed and no fill is . deposited on a beach berm; c. The clearing of beach-berm vegetation is limited to the minimum cl~aring required to allow development of a permitted use; d. All areas of disturbance are managed to avoid the introduction and/or establishment of invasive exotic species; e. All invasive exotic species shall be removed from the parcel proposed for development; -.... f. No outdoor lighting shall be installed; "", g. No structure shall be located within fifty(SO) feet of any beach-berm complex which is known to serve as an active nesting or resting area of marine turtles, terns, gulls or. other birds; and h. No structure other than elevated walkways shall be located on the waterside of the top of the dune or berm. 4. On lands classified as Disturbed with saltmarsh and buttonwood aSSociations: 'If a. No fill shall be placed on a parcel proposed for development exceptfor fill in conjunction with an accessway that complies with the requirements of Section 9-811 B (2) or (3)j b. All structures except for surface access roads shall be elevated on pilings or other supports such that the natural hydrologic regime of the site is not altered' , c. Access to any structure shall be by elevated structure road or path that is designed and constructed SUch that the natural movement of water including volume, rate and direction of flow will not be substantially disrupted or altered;and d. W~stewater treatment shall be provided 'by: (,) · watarless toilet approved hy the Florida Department of Health and Rehabilitative Services' or (~i) wastewater treatment system that'is located Or dIscharges in Or on an upland habitat type; ~~2' _,~:l.......-U-,'] --:..,. ..~ "'~i,\,", >.,.;, " '- --- (a) 10-17 rare and endangered plant species = 3 (b) 5-9 rare and endangered plant species = 2 (c) 1-4 rare and endangered plant species = 1 (d) 0 rare and endangered plant species = 0 5. Rare and Endangered Animals. Mangrove communities support or serve as 'habitat for a small number of rare and endangered animal species (S e Sec. N, Table 2). Conversely;, areas such s transi tional wetlands also serve as corridors throu h which many rare and endangered species can move fr m one preferred habitat to another. The ranking for ra e and endangered animals is as follows: (a) (b) (c) -.... (d) 6-10 rare and endangered animal species = 3 3-5 rare and endangered aniaa1 species = 2 1-2 rare and endangered animal speoies = 1 o rare and endangered animal speoies = 0 o. Percent Cover by Plant Communities. The functional roles of tidal wetlands is very close tied to the species associations and the percent COy r by plant co-unities in the areas. An import a t function like productivity is specifically inf1uenc d by the peroent cover in those areas. The ranking f tidal wetland communities based on percent cover is s follows: ..... (a) 76-100' cover . 3 (b) $1,"'75' OOver . 2 (e) 26-50' cover . 1 (d) 1-25' Cover = 0 7. Frequency of FlUShing. i~e valuable contributions that tidal wetlands make 0 ti:d s~rrOunding aquatic COllUlluni ties is partiCUlar y o the frequency of flushing or the tid 1 eX~h:nge and transport of detrital com~nents and oth nu rents from these areas. The greater the f1ushi r ~ct~~ity, generally the more beneficial these sites a a~so "l~urrOunding aquatic regimes. Flushing setivi serving aOswsa ~:~~u:p~~ie~h to exploit these areas out of the tid ltr ese species to move in.a t a we lands. The ranking of tid we lands based on frequency of fl hi . us ng is as fallows: - (a) Daily flUshing = 3 (b) Flushing twice per month ,:. ~ . (c) Flushing during storm (spring tides) = 2 (d) tides only = I Isolated or impOUnded wetlands = 0 ... ',' ;~' - '. .....~~f ~.i.L......~raL ,:.~:-:.t " ~_I~!;{:'..',,:' .... . t('~ ~. ,-+. . , ,: :,~"~""/;,':-t?'::~~;~i~~~~t -t-':., '..,',' "~lo._~ ~.t.... .,,~-~,-:...:. ! ,;..~ itl ~..L.G..tr-.. : c_' ',_ '_, _ ,.. .~.,~ _,..........., J",: --.~~.~; ';:',: . -'to, 'I, ' .~~.. ... ~~.~ ':"Iti',~...............,. '_ . ,', ,-\ ~,-;.'.................~>>-;;;-~ i" '-" -'- -;- PROPOSED TEXT AMENDMENTS ROPOSED AMENDMENT: provide a habitat assessment for tid etlands as described in V.2 but implement it in V.3; lne percentage of the area of the wetlands invaded wi non-native species; ..... reate a new Sec. 9-809. Habitat Analysis for Tidal Wetlands ollows (renumber subsequent sections): There are several characteristics of tidal wetlands th lend themselves to quantification useful in determining t ecological status of the system. Not only are these syste .'eptible to landbased impacts, but aquatic ones as well. 'l1e habitat type is on lands classified by the Existi '.8 Map as saltmarsh and buttonwood associations ~eu with saltmarsh and buttonwood, the applicant sha p~ovide the following required information: .... -II 1. The number of threatened and endangered plant found in the wetlands; _ 2. The number and name of invasive exotic plant found in the wetlands; :. 4. The extent to which the wetland serves as habitat f h~~~Tened and endangered animal species identified Llle State of Florida as fOllOWS: ( a) whether the wetland is known to Support one r more threatened and endangered species; (b) whether the wetland exhibits visible evidence f the presence of threatened and endangered specie . and , (c) whether the wetland is of sufficient siz topography and vegetation to serve as habitat f r threatened and endangered species. The percentage of the wetland which has had topography or substrate disturbed or modified; i s u. The size of the wetland in acres; The percentage of the wetland's perimeter contiguous to scarified or developed land. ' , , that s 7. 8. The frequency of tid 1 fl h a us ing of th~ tidal areas; a d ..~.,,+:~ ,", ~"_", ,,'I......' ~..4-;. ".., . "\.." ,- .,'{ ...~..~' ,,-.k.l-.;....r -'''''', . . . . . .'!:~~~'>~:.\:/.:.' . Jliff 1M. t""~""""""'~*'~"''''''~t..'::~~_~''~r~{~,'''''''i'''':~..~,~, "':"":"~ '." .'_ -.. .....IIIIIJ..--....~,.:...~..Ak.J., ; "" - ,,"" ~ '~'-'~':.' --- , . 9. The extent to which historic tidal flushing has been altered. c. The quality of tidal wetlands shall be analyzed on the basis of the fOllowing indioates and scores: 1. Topographic Alternations. Topographic al terations such as spoil deposi ts, scarifications, ditching, and other changes can severely affect tidal wetland 'systems. The ranking of these systems based on topographic al terations is as follows: (a) 0-25% of surface area altered .. 3 (b) 26-50% of surface area altered .. 2 (c) 51-75\ of surface area altered .. 1 (d) 76-1004- of surfaoe area altered .. 0 ~~ ~. Habitat Size. ,- The size of tidal wetlands, though important, is not as ~~rong an indioator of quality of these systems as it s for some other areas 8uch as hammocks. A (somewhat hitrary) size of 10 acres was chosen as being a size ~ich the tidal wetlands are more beneficial and qan ~etter perform their normal eOOlogic functions. "" (a) 10 acres in size =: 3 (b) 5-9 aores in size = 2 (c) 1-4 acr.. in size III 1 (d) 1 acre in size . 0 3. Connectedness. The connectedness factor is particularly important to tidal wetlands. Pac tors such as association with Uplands such as hammocks and pinelands are also important due to the sbili ty of organisms to travel unimpeded through these areas and utilize both systems. The ranking of connectedness is as fOllows: (a) 0-25% connected = 3 (b) 26-50% connected = 2 (c) 51-75% connected = 1 Cd) 76-100% connected.. 0 .. Endangered SpeCies There are 17 rare and endangered species that potentially can occur in tidal wetlands. Most of these species occur in the trans! tion areas (See Sec N Table 2). The ranking of these systems is as fOllo~s:' '../ -" ," ., ,/;>~i~\~~y.,',;;;:f~~~'" , '."""'" ";'""',,," i':" ' 1 -I..... ,. r ~........~..-" ~- i~"""""l"'--",,-.~. ,,_ "....".:....,,-",;.., "' .' ,,=, , ," ..,.,~_........':..~~./s..__......:.".".~;;,."~ <;~,~: ; :~" " ... ". ~.. . ".' -".j'.~..-..~ i "0, -'._._..__._-_....,~._._'----~ ~ , 8. Exotic Plant Species. The invasion of tidal wetlands by exotics is normal very low or nonexistent in the areas that are strong influenced by tides. For example, fringing mangrov communities and spider mangrove communities suffer exotic species invasion, while transitional areas su as the buttonwood zones may be heavity invaded exotics. _ One of the more important species Brazilian pepper: others include Australian pines a leatherleaf. Based on these considerations, t ranking of these systems for exotic invasion is s follows: (a) 0 or more exotic species" 3 (b) 1 exotic species. 2 (c) 2 exotic species" 1 (0) 3 or more exotic species = 0 Abundance of Exotics (t cover). '.. The abundance of exotic plant species is tidal y ~lfluenced wetlands also affects the abilities of the e areas to fulfill their inherent natural role . Brazilian pepper is known to be a serious invader f transitional wetlands, where it can constitute a predominant component of the community. The perc t cover of exotics is ranked 8S follows: (a) 01-10%. 3 (b) 11-25%. 2 (c) 26-50%.. 1 ( d) 50%. 0 10. Reduction in Tidal Circulation. Any reduction in the normal impact on the ecologi value of that wetland. Reductions in flow occur a result of :1.mpoundl1lent, f:1.ll deposition or r construction across the tidal connection of wetland. Reduction in flow will be estimated compar:1.ng the exist:1.ng cross sectional area of tidal connection to the theoretical cross sectio area that would ex:1.st if no reductions had occurred; al a d e by he a1 in flow EXist:1.ng Cross-Sectional Area x 100 % reducti n Theoretical (~atural) Cross-Sectional Area Reductions in tidal circulation will be evaluated follows: ,as '. (a) (b) ,,",_... -- , Ll'::...... .:. , .j 0-25% reduction . 3 26-50' reduction _ 2 ;i':;.""., .. .'.-.....--. , ..",;e~..,~~;r-' " '"~ ::'~- '!. > :,~?~.:.~\ -'~. ."'.'. ::~:.~:li J ,'j~"~t,";>~~~~~- .- -' n'~i.: ~,' ~ ,.... .:.., t J '. "'" I " ,. ( ...,~ 1*, ;......-...'''---......"e''~~~~'~~J ~;~~;1ii~, ~~.,;.. ...'":,...,L " .........-.~-~ru"-:~ ~ " - --"--- '-_.~._-- --~ ....._. u_ "_'U_ (c) 51-75% reduction = 1 (d) 76-100% reduction = 0 Table 6 shows HEIs for three examples of wetlands the Florida keys. These three examples are basica unal tered systems that recei"e "ery high HEI rank and thus would deserve a significant amount protection. The reason that three fairly unal te systems were presented was to show the effect endangered species on these areas. For example, n unaltered transitional marsh WOuld rank somewhat hig r than a pristine mangrove island due to the presence f endangered plant and animal species. 11. Tidal Wetlands Open Space Ratio. OSRs for tidal wetlands are tied to HSIs as fOllows: . -. Habitat Evaluation Index 23-30 12-22 0-11 Open Space Ratio As for other habitats, aites with low HEIs 'wou d indicate that the tidal wetlands have be n Significantly altered and are performing few of t e vital functions that these communities provide to t e surrounding aquatic systems. 95' 70% 50' ...., --- Staff ISCUSSION: his type of process was left out in ths original Vsrsion and wa o havs besn inClUded. It is consistsnt with ths procedure Jund in VOlume 2. no COMMENDATION: Approval S ATUS: P. C. a. 'tion: approved pursuant to Section 13-101D5b A ril 20, 1987 amend165 - . ""'-..... '~:a~..............,. ~~"~~-- . .I.~:~Jir'},,, _' .