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HomeMy WebLinkAbout05-08-2019 BOA Minutes w/Attachmentspaxuxd at the the 8, 202011ANTIe+2it- CMUt8p W Dcffl - - Regular City Council Meeting - May 8.2019 Page Two _ _ tr.•-«�++rw. _ . O.Lv Clerk 19.070 C. Proclamation -National Peace Officers Memorial Day - Mai 15. 2019 anid-National Police Week - May 12-18. 2019 - Accepted by Police Chief Michelle Morris and Members of Sebastian's Police Department Council Member lovino read and presented the proclamation to Sergeant Marcinik, Officer Singh, and Officer McKenzie. 19.071 0. Proclamation - National Safe Boatino Week - May 18-24. 2019 - Accepted by Commander Frans Evberse. USCG Auxiliary Flotilla 56 Mayor Hill read and presented the proclamation to Commander Eyberse, Tommy Augustsson. Frederick and Linda Combs. Brief Announcements May 17- Chamber Concert in the Park- Note 4 Note (60's to current hits) - 5:30 to 8 pm Vice Mayor Kinchen announced the upcoming event. She also congratulated Natural Resources Board Chairperson. Nikki Mosblech, for being selected as one of the five state finalists for Florida Teacher of the Year and wished her the best as the finalist is chosen. Recess City Council Meetinc and Convene as Board of Adiustment 4 Mayor Hill adjourned the City Council meeting and convened the Board of Adjustment meeting at 6:15 p.m. A. The November 28, 2018 Board of Adjustment minutes were unanimously approved by a MOTION by Mr. Dodd and SECOND by Mr. McPartlan. B. Quasi -Judicial Public Hearing I. SEMBLER MARINA PARTNERS, LTD IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS 8 MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION OF THE EXISTING OVERWATER CONCRETE PAD The City Attorney read the request from Sembler Marina Partners, Ltd. There was no ex- parte communication to disclose by the Board Members. The City Clerk swore in those who were to provide testimony. Buzz Underhill. representing Sampler Marina Partners, Ltd. said the staff report accurately reflected their request and introduced the project engineer, Ryan McLean. The Community Development Manager explained per code the building height is measured either from base flood elevation or average grade: and. since the existing concrete pad is over water, the proposed building elevation should be measured from the base flood elevation. She said the argument is that since the slab is existing, the elevation should be measured from finished floor elevation. Regular CiW-Gocncil Meeting May 8.2019 Page Throe_: She noted a previous developer's agreement had expired and therefore the site plan modification is required to meet the current code, prompting the variance. She explained they are asking for a different spot to measure the building height or for an additional 4 'f, feel for the building height. She said the applicant has met most of the qualifying criteria for determining a variance and staff recommended approval with the following three conditions: -certified, engineered proof of structural integrity regarding the existing overwater concrete pad before construction begins -the variance is for the restaurant building only. If the proposed use is changed (before the structure is built), the proposed building height will be measured from the required base flood elevation, as per code -the variance is valid for two years. The approval shall expire 24 months from the date granted if construction of the building has not begun Chairman Hill said there is a corner of the slab that is broken off and asked if the corner would need to be replaced. The Community Development Manager advised the pilings must be found to be structurally sound or the variance will not be granted. Chairman Hill asked if there was any recourse to have the slab removed as a non- conforming structure if it is found not to be sound. The City Attorney responded that staff would have to either get the structure to be compliant or removed. No one spoke in favor the request. Opposed Ben Hocker, Sebastian, said the request goes against the City's height restrictions. He asked if anything has been submitted as to what the building will look like and if it has gone before Planning and Zoning. He said a little more research is warranted. Damien Gilliams, President. Sebastian Property Owners Assocation.com (SPOA), said he has spoken about this non -conforming property numerous times to which the City has done nothing. He said the property is in violation of Articles Vill and XI of the Land Development Code. (See attached) He noted the City bought the Harbor Lights Hotel to preserve the river's view and now this restaurant is going to be built down the street. He said a the variance was passed tonight it would be criminal. Ryan McLean, MBV Engineering Inc. said the variance will lead to an architectural standard that will meet the CRW zoning and provide for a beautiful project. The Community Development Manager stated this was a new site plan application that was submitted before the holiday last year; this will put a structure on the slab, provide better stormwater ponds, landscaping and fix the existing sign; the applicant requested to bring this variance before the Board prior to going to Planning and Zoning; additional time conditions may be imposed at the time of site plan approval; and this will be a one-story structure. Chairman Hill asked the City Attorney if the Board approved the variance would they be committing a crime. The City Attorney responded not based on any facts or information that he has. Regular City Council Meeting May 8, 2019 Page Four The City Manager noted the observation deck was not an abandoned project; the Building Official at the time required them to complete the observation deck and the developer amended the site plan to reflect the observation deck and everything was closed as complete. The Community Development Manager added that with the new site plan, new correspondence will be required from SJRWMD, Army Corp and DEP. She also added the road elevation at an average 5'% feet, so the elevation was not jumping to 11 %a feet. Mr. Dodd said in 1992, DEP authorized a 10 foot elevation but it was built at 11 % feel so the developer obtained a revised permit to address the additional 1 %, feet, it was approved to have a building on it, subsequently the project didn't happen, and then the developer received approval for an observation deck. 6:42 pm Mr. Dodd noted the applicant will correct parking deficiencies, improve drainage and build another restaurant that will be a value to the City. In addition to the City's conditions, Mr. Dodd requested the following restrictions: the engineering certification should be noted that it meets current code; if the slab is not determined to be sound without reconstruction or without major repair work, the variance goes away (if the slab has to be rebuilt, it should be done at the proper level); and Indicate an actual expiration dale. This will provide something the City can use. The Community Development Manager said the state permits indicated it was to be a restaurant; there was a 1985 DEP permit showing the elevation at 10 feet, then a second DEP permit showing 11 '/2 feet: she cannot confirm the slab was inadvertently built at the wrong elevation by the contractor. Chairman Hill agreed the restaurant would be a lot better for the City. Mr. Underill said in 1987, the Army Corp required the slab to be built at 11 '%feet. MOTION by Mr. lovino and SECOND by Chairman Hill to approve the variance requested by Sembler Marina Partners, Ltd. Roll Call: Vice Chairperson Kinchen — aye Mr. Dodd —aye Mr. lovino —aye Mr. McPartlan — aye Chairman Hill — aye Motion Carried. 5-0 To clarify that the conditions requested by Mr. Dodd and staff should be included with the approval, Mr. lovino made an AMENDED MOTION with a SECOND by Chairman Hill for approval with the following requirements: a certified engineered proof of structural integrity according to current code shall be provided prior to construction beginning if the slab is determined not to be sound, the variance request will be null and void the variance is for a restaurant building only. If the proposed use is changed (before the structure is built), the proposed building height will be measured from the required base flood elevation, as per code the variance shall be valid for two years and expire 24 months from May 8, 2019 if construction of the building has not begun Regular City Council Meeting May 8, 2019 Page Five Roll Call: Mr. Dodd — aye Mr. lovino — aye Mr. McPartlan — aye Chairman Hill — aye Vice Chairperson Kinchen — aye Motion Carried. 5-0 The City Attorney advised that the first motion did not have to be rescinded because there wasn't any distance in time between the original motion and the clarification. 8. Adjourn Board of Adjustment and Reconvene as Citv Council f^ Chairman Hill adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:52 p.m. 9. CONSENT AGENDA A. Approval of Minutes — April 24, 2019 Regular City Council Meeting 19.072 B. Approve Indian River Shores Public Safety Department's Fire Truck Pull Special Event at Riverview Park with the Closure of Sebastian Blvd. and Harrison Street on June 8. 2019 (Transmittal. Application, Flyer, Map) MOTION by Vice Mayor Kinchen and SECOND by Council McPartlan to approve consent agenda items A and B passed with a unanimous voice vote of 5-0, 10. COMIy ITTEI� REPnRTS 8. APPOINTMENTS 19.073 A. �lannma $ 22omnc Commission (Transmittal, Application, Ad, List) i. Interview. Unless Waived, Submit Nominations for One Expired, Regular Member Position — Term to Expire 5/1/2022 There was no objection to Mayor Hill and Council Member Dodd's nomination of Joel Roth to serve an additional term. Mr. Roth will serve until May 1, 2022. 11, PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS - None 13. PUBLIC INPUT Ben Hocker thanked Council Members Dodd, McPartlan and the City Manager for attending the Sebastian Property Owners meeting the previous Monday. Russell Herrmann 586 Redwood Court, Vice President of the Friends of the St. Sebastian River, thanked Council requesting the City Manager to research glyphosale and report back to City Council. In the meantime he requested that no dangerous chemicals be used. Damien Gilliams, President, SPOA also thanked the City Manager for coming to last Monday's SPOA meeting and requested a workshop and public forum to discuss the herbicide spraying as soon as possible. He noted that he and former City Council Member Eugene Wolff witnessed canal spraying right before a storm last Friday. 6:57 pm ARTICLE Vill. - NONCONFORMITIES AND NONCOMPLIANCES Sec. 54-2-8.1. - Definitions. For purposes of this code the terms "nonconforming use" and "noncomplying building or structure" are defined as follows: (a) Nonconforming use. A use of a building or structure or a tract of land which does not, on the effective date of this ordinance or amendment thereto, conform to any one of the current permitted uses of the zoning district in which it is located, but which was legally established in accordance with the zoning in effect at the time of its inception, or which use pre -dates all zoning codes and which use has not changed or been abandoned during its existence. Herein such nonconforming use may be referred to as a nonconformity. (b) Noncomplying building or structure. Any building or other structure, for which the use is lawful (permitted or nonconforming), but the building or other structure does not comply with all applicable provisions of this code, including, but not limited to size and dimension regulations, off-street parking requirements, landscape requirements, performance standards, or height requirements, either on the effective date of this ordinance or as a result of any subsequent amendment. Herein such noncomplying building or structure may be referred to as a noncompliance. Sec. 54-2-8.2. - Purpose and intent. (a) Purpose. The purpose of this article is to allow for, while not encouraging, the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of this code, but which would be prohibited, regulated, or restricted under the terms of this code or future amendments thereto. This article is designed to provide reasonable and equitable standards and guidelines for the control and management of nonconforming uses and noncomplying buildings and structures. The regulations are especially important in regulating changes in the use, building or structure. Characteristics regulated include: kind of quality, volume or intensity, location, ownership or tenancy, accessory or incidental uses thereto, extension, enlargement, replacement, or any other change in characteristics of uses, buildings, or structures. (b) Intent. It is the intent of this article to allow these nonconformities and noncompliances to continue until they are removed but not to encourage their survival. Such nonconformities and noncompliances are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the Intent of this article that nonconformities and noncompliances shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Sec. 54-2-8.3. - Continuance of lawful nonconformities or noncompliances. (a) Continuance of nonconformities. A nonconforming use lawfully existing at the time of the enactment of this ordinance may be continued subject to the provisions of this code. (b) Continuance of noncompliances. The lawful use of a noncomplying building or structure may be continued subject to provisions of this code. (c) Rules for interpretation. Nothing in this code shall be interpreted as authorization for, or approval of, continuation of any illegal use of a building, structure, premises or land, in violation of any ordinance. The casual, intermittent, temporary or illegal use of land, building or structure shall not be sufficient to establish the existence of a nonconforming use. Any building or structure for which a lawful building permit was issued prior to the enactment of this code, and construction of which is in conformity with approved site plans, if applicable, and building plans, shall not be affected by this code if the planned building or structure is built in full compliance with this code as it existed at the time of the issuance of the building permit. However, if such building or structure does not conform to the provisions of this code which cause such planned building, structure or use to be nonconforming or noncomplying, then it shall be nonconforming or noncomplying, or both, as the case may be, by applying this code to the building, structure or use. Sec. 54-2-8.4. - Noncomplying lots of record. Where a lot has an area and/or frontage less than the required minimum for the district in which it is located and was a lawful lot of record on the date such lot was zoned and rezoned to its current district classification, said lot may be used for any use permitted in the district in which it is located so long as the remaining provisions are complied with; provided, however, that in any residential district, the only use permitted on such nonconforming lot shall be one single-family dwelling. In all cases, any other zoning variances needed must be obtained from the board of adjustment, which may grant only the minimum variance necessary to the reasonable utilization of such lot Such nonconforming lot must be in separate ownership and shall not share continuous frontage with other building sites in the same ownership. If two or more contiguous lots under common ownership have continuous frontage and are legal lots of record at the time of passage or amendment of this article and if one or more of the lots do not meet the requirements for lot width and area as established by this article, no portion of said parcel shall be used which does not meet building site width and area requirements established by the land development code without bringing the lot(s) into compliance with the requirements of the land development code. No division of any lot or parcel shall be made which leaves any lot, parcel, or remnant with width or area below the requirements stated in the land development regulations. Sec. 54-2-8.5. - Increase in nonconformities prohibited A nonconformity shall not be extended, expanded, enlarged, or increased in intensity, and such extension, expansion, enlargement, or increase shall include without being limited to: (a) Extension of a nonconforming use to any other building or other structure or the extension of a nonconforming use to any land area other than the specific land area that was actually and directly occupied by such use on the effective date of this code (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming). (b) Extension of a nonconforming use within a building or other structure to any portion of floor area on the same or another Floor that was not actually and directly occupied by such use on the effective date of this code (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming). Notwithstanding, an existing nonconforming use may be extended within its existing structure if the extension does not require additional new Floor area and such extension does not require additional parking spaces and the existing nonconforming use and the proposed extension comply with size and dimension regulations and other provisions of this code. Landscaping requirements shall be satisfied to the extent that sufficient area is available on -site. (c) Operation of a nonconforming use in such manner as to conflict with any performance standards established for the district in which the use is located. (d) Nothing contained in this article shall in any way prohibit a nonconforming use from acquiring additional off-street parking area, subject to applicable landscape requirements. (a) No additions which increase the area of a building or structure shall be made if the building or structure is occupied, in whole or in part, by a nonconforming use. (f) No structural alterations shall be made to any building or structure occupied by a nonconforming use except as permitted by this section. Sec. 54-2-8.6. - Change in nonconforming uses without structural alteration. If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of a similar or higher (more restrictive) classification under the following conditions: The burden of proof shall be the responsibility of the applicant in demonstrating the following: (a) The change in use shall not intensify or enlarge the basic use of the building or premises by increasing the need for parking facilities; by increasing vehicular or pedestrian traffic, by creating more noise, vibration,. fire hazard, smoke, dust or fumes, by increasing hours of operation or number of employees; by increasing ground coverage or adversely impacting drainage; or otherwise result in a more intensive use of the building or premises; or change the basic character of the building or premises to more nearly conform to the character of the zoning of the district in which the building or structure is located. (b) When a nonconforming use of all or any part of a building, structure or premises is changed to another nonconforming use of a more restricted character, the new use may not thereafter be changed to any less restricted use. (c) When a nonconforming use of all or any part of a building, structure or premises has been changed to a conforming use, the new conforming use shall not thereafter be changed to any nonconforming use. (d) No structural alterations shall be made to any building or structure occupied by a nonconforming use except as permitted in this code. (a) The parking and landscape provisions of subsection 54-2-8.7(f) shall be met. Sec. 54-2-8.7. - Structural alterations to nonconformities or noncompliances Where a lawful structure or use exists at the effective date of adoption or amendment of this code, and it could not be built or used under the terms of this code by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other site development standards or requirements concerning the structure or use, it may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) Alteration, extension, enlargement or expansion of nonconforming use or noncomplying building or structure. No such alteration, extension, enlargement or expansion of a nonconforming use or noncomplying building or structure shall be permitted in a way which increases its nonconformance or noncompliance with present site development and use standards of the zoning district in which it is located, but any such structure or use or portion thereof may be altered to decrease its nonconformance or noncompliance with present site development and use standards of the zoning district in which it is located. Nothing in this subsection shall prohibit the building official from ordering the compliance with all other provisions of this code and applicable building construction and safety related codes. (b) Replacement, restoration and reconstruction of nonconforming use or noncomplying building or structure. In the event that any existing nonconforming structure or use, as provided for in this section, is destroyed by any means, including fire, flood, wind, explosion, act of God or act of a public enemy, such structure or use shall be permitted to be replaced, restored, or reconstructed according to the site development in effect at the time of its original construction except that replacement, restoration and reconstruction can only occur in compliance with those building, plumbing, electrical, gas, fire and other construction and safety related regulations of the city in effect at the time of application for a permit to allow replacement, restoration or reconstruction. Reasonable effort shall be undertaken to remedy any prior nonconformity or noncompliance. However, in no event shall the destroyed nonconforming structure or use be replaced to a degree or level which increases the prior existing nonconformity or noncompliance. (c) Repairs and maintenance of nonconforming use or noncomplying building or structure. Routine repairs and maintenance of nonconforming structures or uses on fixtures, wiring or plumbing or on the repair or replacement of walls shall be permitted. (d) Change in location of nonconforming use or noncomplying building or structure. Should any nonconforming structure or use be moved for any reason to any distance whatever from its original permitted location, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. (a) Accessory or incidental structures or uses. Structures or uses normally accessory to or incidental to a permitted structure or permitted use in the zoning district in which the nonconforming use or noncomplying building or structure is located may be permitted as accessory structures to the nonconforming or noncomplying building or structure so long as a nonconformance or noncomplying building or structure is not intensified. (f) Treatment of drainage, off-street parking and landscape requirements. All changes in nonconformities or noncompliances shall satisfy the appropriate drainage, parking and landscape provisions cited below and shall also comply with the drainage, off-street parking and landscape regulations of this code: (1) If drainage, parking and landscaping, or any combination thereof are deficient at the time of the proposed change under the provisions of this code and the change does not require any additional drainage, parking or landscaping which would increase the existing deficiency, the change is permitted only if the deficiencies are: a. Corrected to the extent sufficient land is available on the site. If sufficient land was not available on the site on the effective date of this code to allow correction of all of the drainage, parking and/or landscaping deficiencies and sufficient land is not then (at the time of the proposed change) available, priority for correcting the landscaping and parking deficiencies shall be determined on a case -by -case basis by the planning and growth management department. (2) If the drainage facilities and/or landscaping and/or parking are deficient at the time of the proposed change under the provisions of this code and the proposed change requires drainage facilities or parking spaces in addition to the existing deficiency, thechange is prohibited unless the net additional drainage facilities and/or parking area and its attendant landscaping are provided and any deficiencies are corrected pursuant to the criteria of 54- 2-8.7(f)(1) above. Sec. 54-2-8.8. - Abandonment of a nonconformity or noncompliance. If a nonconformity is removed, abandoned, or ceases, for a continuous period of not less than 180 days, every future use of the structure and/or premises shall be in conformity with the use provisions of the land development regulations. All material and equipment associated with the abandoned nonconformity shall be completely removed from the premises by its owner within one-year after the expiration of the 180-day period. If a noncomplying building or structure ceases to be used in a lawful manner (permitted or nonconforming) for a continuoius period of 180 days, further use will not be permitted until deficiencies regarding drainage, off-street parking ad landscaping requirements are corrected pursuant to section 54-2-8.7(f). Where the cessation of the use is involuntary, the nonconforming use shall not be declared abandoned after the 180-day period. However, if the use is discontinued voluntarily or involuntarily for a period of one year or more, every future use of the premises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within 60 days. Voluntary abandonment shall be indicated by one or more of the. following (1) Allowing licenses to lapse; (2) Removing utility meters; (3) Not maintaining structure in a habitable condition; (4) Not making unit available for occupation (i.e., advertising or marketing through a realtor or other agent); and/or (5) Failure to perform actions pursuant to the terms of an active building permit. C 9) _-) - �af�'l h IL ARTICLE XI. - ENVIRONMENTAL PROTECTION Sec. 54-3-11.1. - Preservation of wetlands and transitional wetlands. In order to promote and preserve natural hydrological conditions and to preserve water recharge areas, water supply and water quality, and natural habitats, the following regulations shall be applied to wetland areas: (a) Wetlands defined. Wetlands shall be defined pursuant to state statute. , (b) Wetland delineation (establishing the wetland line). A delineation of the upland wetland boundary shall be established based upon an on -site field survey by a professional biologist or registered engineer provided by the applicant and coordinated with the St. Johns River Water Management District, the Department of Environmental Protection, and/or the U.S. Corps of Engineers. (c) Wetland development restrictions and interpretations. No development activity shall be allowed in a wetlands, including upland buffer areas, until and unless the applicant has obtained all required permits or exemptions from the state and/or federal agencies having jurisdiction and has met all requirements of the land development code. Upland buffer areas shall be defined as the areas separating wetland and upland areas and in which development activities may be regulated to protect wetlands. The upland buffer shall be an area landward of the upland edge of a wetland (i.e., the upland/wetland jurisdictional line if applicable). The buffer area provides an undeveloped area that separates developed upland from a wetland area. The purpose of the buffer area is to ensure the continuing function of respective wetland communities, to prevent pollutants from surface water runoff from entering the wetlands, and to enhance water quality. The city shall retain the right to prohibit development within the buffer area. The boundary of an upland buffer area shall be consistent with best management principles and practices and shall be compliant with applicable St. Johns River Water Management District permitting standards for upland buffers adjacent to wetlands to sufficiently protect adjacent wetlands. (d) Required dedication of conservation easements. The city may require applicants for subdivision development approval to include the dedication of conservation easements or reservations where the city finds that the dedication is reasonable in order to protect the value and function of a wetland. (a) Administration of wetland development restrictions. The city shall coordinate with the jurisdictional agencies for purposes of rendering legal, equitable, and environmentally sensitive determinations of the development rights to be permitted on such wetlands and/or lands under the jurisdiction of the state or federal government. The developer of a parcel of environmentally sensitive land shall be responsible for obtaining permits or exemptions from the St. Johns River Water Management District (SJRWMD), Florida Department of Environmental Protection (DEP) and from the Army Corp of Engineers, as may be appropriate, prior to obtaining a development order, subdivision construction permit, or site plan review approval from the city. Regardless of permitting by federal or state permitting agencies, the city shall reserve the right to determine the appropriate land use and density/intensity. Sec. 54-3-11.2. -Soil erosion and sedimentation control. (a) Required soil erosion and sedimentation control plan, In order to prevent both soil erosion and sedimentation, a soil erosion and sedimentation control plan shall be required as a part of an application for a subdivision construction permit, site plan review, plot plan review of a single-family residential lot and whenever a development will involve any clearing, removal of native or protected vegetation, grading, transporting, or other form of disturbing land by the movement of earth. (b) Erosion control measures. All measures necessary to minimize soil erosion and to control sedimentation in the disturbed land area shall be implemented. The following protection shall be provided for all disturbed areas: minimize velocities of water runoff and wind erosion, maximize protection of disturbed areas from stornwaler runoff, and prevent or retain sedimentation within the development site as early as possible following disturbances. A list of major problem areas for erosion and sedimentation control follows. For each one, the purpose(s) of requiring control is described. Soil erosion and sedimentation control measures for all such areas shall be provided with a view toward achieving the specific purpose listed below for which a control plan is required: (1) Erodable slopes: Prevent detachment and transportation of soil particles from slope. (2) Streams, streambeds, streambanks, bodies of water, lake shorelines: Prevent detachment and transportation of soil particles. (3) Orainageways: Prevent detachment and transportation of soil particles (which would otherwise deposit in streams, bodies of water, or wetlands); promote deposit or sediment loads (traversing these areas) before these reach bodies of water. (4) Land adjacent to streams, ponds, lakes, and wetlands: Prevent detachment and transportation of soil particles. The applicant shall not adversely impact aquatic vegetation within the sensitive transition zone located between the upland and the mean high water line (ordinary high water line for non -tidal waters). No such vegetation shall be disturbed without approval of the city. Any such approval shall be based on a demonstrated necessity that promotes the overall public health, safety and welfare. Furthermore, any such disturbance of aquatic vegetation shall be compensated by re -vegetation based on a plan approved by the city as stipulated herein. The applicant shall coordinate plans for riverfront development with the Florida Department of Environmental Protection as well as the U.S. Army Corps of Engineers where tidal waters might be impacted. Where deemed appropriate, the site plan shall include the planting of native indigenous aquatic plant vegetation to promote stability of the shoreline. - (5) Enclosed drainage structure: Prevent sedimentation in structure, erosion at outfall of system and deposit of sediment loads within system or beyond it. (6) Large flat surface areas (unpaved): Prevent detachment of soil particles and their off -site transportation. (7) Impervious surfaces: Prevent the detachment and transportation of soil (in response to an Increase in the rate and/or volume of runoff of the site or its concentration caused by impervious surfaces). (8) Borrow and stockpile areas: Divert runoff from face of slopes exposed in the excavation process; convey runoff in stabilized channels to stable disposal points; leave borrow areas and stockpiles in stable condition. (c) Applicability. Appropriate measures shall be taken during land clearing and building operations to assure that exposed, destabilized or otherwise altered soil is expeditiously covered with an acceptable erosion control material. The provision shall be applicable to the act of subdividing and installation of related Improvements as well as during the development review process including the period during which improvements may occur as well as the length of time soil may be exposed to the environment. The tree and native vegetation protection ordinance shall be applicable to all clearing and grading activities and shall include specifications for management principles guiding the removal or placement of vegetation and landscaping design. Regulations shall also require developers to take precautionary measures, where necessary, to avert destruction or damage to native vegetation. Sec. 54-3-11.3. - Aquifer recharge protection. (a) Aquifer recharge area defined. Aquifer recharge areas shall be defined as those areas determined by the Indian River Soil Conservation District as having good to excellent recharge potential as generally identified on Map B-5 of the City of Sebastian Comprehensive Plan Coals, Objectives, and Policies. These areas include the following soil types: Paola, St. Lucie, Astatula, Archbold, Pomello, Orsino, Jonathan, and Satellite. (b) Restrictions on development within recharge areas. All development within designated recharge areas shall comply with the following development requirements: (1) Preservation of recharge potential. Development shall preserve the predevelopment conditions with regard to soil type, drainage rates, grade elevation, and shall be designed so as to minimize the reduction or recharge of the surfcial aquifer. The groundwater level and Fluctuations shall be substantially the same as predevelopment conditions. (2) Clearing. No clearing of soil or vegetation may occur before a permit for such activity is issued. (3) Excavation. Excavation which cuts below the seasonal high water table shall be prohibited unless a design/plan is prepared by a qualified engineer and approved by the city engineer which demonstrates that the work can be completed in a manner that will not detrimentally impact the groundwater table. (c) Prohibited land uses. The following land uses and activities are prohibited within aquifer recharge areas: (1) Sanitary landfills, (2) Animal feedlots; (3) Wastewater treatment facilities, not including duly permitted septic tanks; (4) Petroleum and pesticide bulk storage facilities without proper containment; (5) Incinerators; (6) Above -ground or below -ground pipes for pollutants or contaminants. (7) All other land uses that store, handle, or generate hazardous materials or wastes. The following state and federal rules define and regulate additional hazardous material: • The Florida Substance List as published by the State of Florida and amended periodically. • Title 40 of the Code of Federal Regulations Part 261 (Identification and Listing of Hazardous Wastes). • Title 40 of the Code of Federal Regulations Part 302.4, Table 302.4 (List of Hazardous Substances and Reportable Quantities). • Title 40 of the Code of Federal Regulations part 355, Appendix A and B (List of Extremely Hazardous Substances) (8) Sandmines. (Ord. No. 0-10-08, § 1, 12-15-2010) Sec. 54-3-11.4. - Coastal resource impact analysis. (a) Estuarine shoreline protection Applicants for development along the Indian River Lagoon, Sebastian River, or Collier Creek shall be required to submit as part of the permitting process, plans that demonstrate how the development shall incorporate features designed to protect against potential adverse impacts to: (1) Shoreline vegetation and stabilization; (2) Water quality; (3) Native habitat, including seagrass beds and wetland habitats; (4) Living marine resources; and (5) Shoreline access. No shoreline development shall be approved until the applicant has demonstrated that potentially adverse impacts shall be prevented or that compensatory mitigation shall occur. (b) Shoreline vegetation and stability. No vegetation shall be removed from a shoreline without a duly authorized permit (article XIV). Where the city approves shoreline alterations, the applicant shall be required to re -vegetate, stabilize, and enhance damaged shorelines by planting native vegetation, including mangrove and/or appropriate native plant species which: (1) Contribute to marine productivity and water quality; (2) Offer protection from erosion and flooding; and (3) Contribute to the natural soil building process. Whenever vegetation is removed, the applicsnf/developer must provide mitigation plan ensuring that re -vegetation shall occur. In order to establish such assurance, the mitigation plan shall include a re - vegetation that contains an appropriate ratio of replacement plants to continue the physical and biological functions of the vegetation, especially any pre-existing function as a habitat. The mitigation plan shall be subject to review by the planning and zoning commission and by the appropriate federal and/or state agencies having jurisdiction. Activities along the shoreline require FDEP permit. Hardening of the Indian River Lagoon shoreline or the shoreline of the Sebastian River with rip -rap or other similar approved devices shall not be allowed unless erosion constitutes a critical peril to upland property and the use of vegetation has failed to stabilize the shoreline. In such case, coquina rip rap shall be the first alternative. Such shoreline hardening structures shall not be vertical seawalls or bulkheads. The specific location and design of such structures shall: (1) Comply with the best management principles and practices and be accomplished by use of the least environmentally damaging methods and designs possible; (2) Avoid a vertical slope that generates erosive tendencies, especially to adjacent unprotected shoreline properties. Pervious interlocking tile systems, filter mats, and similar stabilization methods shall be used in lieu of vertical walls; (3) Not be located waterward of the mean (or ordinary as applicable) high water line except when it is shown to be in the public interest; (4) First be approved by other public agencies having jurisdiction; and (5) Incorporate a program of shoreline vegetation or re -vegetation in order to build, enhance, and stabilize a natural shoreline- (c) Living marine resources, including but not limited to seagrass beds. Development along the coastal shoreline or within an area extending into the jurisdictional tidal waters of the city shall avoid adverse impacts of development on benthonic communities within tidal waters, including seagrass beds and other live bottom communities as well as adverse impacts on the coastal marsh and other coastal non -tidal wetland habitats. Since these areas are sensitive to increased turbidity and other forms of pollution, water run-off and introduction of nutrients, these forms of pollution shall be regulated through effective water quality management criteria. Plans for development impacting marine resources shall be coordinated with state agencies having jurisdiction prior to the city granting development plan approval and/or prior to release of any permit for construction. Compensatory mitigation may be permitted in cases of overriding public benefit where both the state and federal agencies having jurisdiction approve the mitigation measures proposed by the developer. Any such development shall ensure continuance and maintenance of essentially natural conditions in order to further propagation of fish and wildlife as well as public recreation opportunities. All applicants proposing development activities along any estuarine shoreline or within submerged areas shall be required to submit a site plan pursuant to site plan review regulations. Such site plan shall provide information describing marine life potentially impacted by proposed land uses as well as related construction activity. The plan shall stipulate assurances that the proposed project shall not adversely impact marine life or water quality. For instance, the city may require water quality control techniques such as the use of weirs for purposes of managing turbidity. In addition, the city shall require surveys of existing conditions, specifications of planned site improvements, and techniques to be used during construction as well as in operating and maintaining the land use in order to prevent damage to living marine organisms. (d) Wafer -related and water dependent uses. All water -related uses shall be built on uplands landward of the high velocity hurricane storm surge zone (VE-zone). All construction activities shall be predicated on plans compliant with applicable state and city building codes. Dredging and filling of wetlands or open water in order to accommodate water -related uses shall not be permitted unless all state agencies having jurisdiction have approved the construction plans and the city approves such activity pursuant to provisions for wetland protection (section 54-3-11.1), the surface water management (article XII), and all other relevant site plan review criteria. Within the wetland estuarine shoreline, no development other than water dependent native shoreline vegetation, approved elevated accessways (of wood or other material which allow light to pass through and air and/or water to circulate underneath and to support plant life), or other water dependent uses approved by all state and/or federal agencies having jurisdiction and approved by the city pursuant shall be permitted. No structures that constrict water circulation in the lagoon shall be permitted. No non -water dependent uses shall be permitted on submerged lands or wetlands. Development on uplands adjacent to wetlands shall preserve a buffer measured from the nearest upland/wetland boundary. The buffer area shall be coordinated with St. Johns River Water Management District permitting guidelines. Within the buffer area all exotic vegetation shall be removed and native plants shall be planted. The purpose of the buffer area is to protect ambient water quality and to prevent degradation of water quality from pollutants from surface water runoff within coastal waters. (a) Impacts of coastal development on tidal flushing and circulation patterns. Tidal flushing and circulation patterns generally shall not be altered by development activities. No development shall produce changes in tidal flushing and circulation patterns unless the applicant for development clearly demonstrates that no adverse environmental impacts shall be occasioned by the proposed changes in tidal flushing and circulation patterns. The applicant shall provide hydrographic information sufficient to support this premise. Additionally, no alteration in tidal flow shall be permitted which causes stagnation or siltation. The city shall grant no alteration permit unless all other agencies having jurisdiction have granted clearance, including all requisite permits. (f) Marinas and dock facilities. The city shall not approve docks or marina improvements until the. applicant demonstrates compliance with all applicable federal and state laws and administrative rules, as well as applicable policies of regional agencies. Site plans shall include an environmental impact component for all docks and marinas, which adequately address marina siting criteria cited herein. These plans must demonstrate to the city's satisfaction that the facilities shall not adversely impact living marine resources, including, but not limited to, seagrasses, estuarine waters, manatees and other living marine organisms. The plans shall comply with the following criteria: (1) The plan shall indicate the following: a. Location relative to all potentially impacted natural marine resources. b. Structural specifications. c. Description of all impacted natural marine resources, including their location and physical characteristics. d. The location of multi -slip dock or marina facilities shall be located so as to prevent or minimize dredging and shall not disturb seagrass beds or adjacent wetlands. e Availability and location of sewage pump -out facilities. f. Hurricane contingency plans. g. Mitigation techniques proposed to compensate for any potential environmental disruption. (2) New marinas shall not be allowed in or immediately adjacent to the following sensitive areas: • Aquatic preserves; • Marina sanctuaries; • Estuarine sanctuaries; and • Areas of essential manatee habitat, as determined by DEP. (3) Marinas must have sufficient upland area for all non -water -dependent uses. Dredging and filling of wetlands or open water in order to accommodate uses that are not water -dependent shall not be allowed. Exceptions may be granted in cases shown to be overwhelmingly in the public interest, such as the presence of sensitive upland systems. (4) Cumulative effects of several marinas and/or boat ramps in one area shall be considered in the review of proposed marina projects. (5) All new and expanded marinas shall provide a demonstration of compliance with state water quality standards by maintaining a water quality monitoring program approved by the Florida Department of Environmental Protection (DEP). (6) Grassbeds and other submerged habitat deemed valuable by DEP will be subject to protection regardless of their size. DEP frequently imposes their jurisdiction based on size and connection to other wetlands, so this may be contradictory. (7) In reviewing applications for new or expanded docking facilities, ways to improve, mitigate, or reverse adverse environmental impacts caused by previous activities shall be explored. This may include shallowing dredged areas, restoring wetland or submerged vegetation, or marking navigational channels. Such mitigation or restoration may be a condition of approval of new, renewed, or expanded facilities. (8) Immediate access (ingress and egress) points shall be delineated by channel markers, indicating speed limits, manatee area warnings, and any other applicable regulations. (9) All new or expanded marinas must provide treatment of stonnwater run-off from upland areas to the extent necessary to ensure that state water quality standards are met at the point of discharge to waters of the state. In addition, all requirements of the water management district and DEP shall be met. (10) Boat maintenance activities in new or expanded marina facilities shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Run-off from boat maintenance must be collected and treated prior to discharge. (11) Open wet slips will be preferred to covered wet slips in marina design to reduce shading of water bodies which result in lowered biological productivity. (12) Marina design shall incorporate natural wetland vegetative buffers whenever possible near docking area and in access areas for erosion and sedimentation control, run-off purification and habitat purposes. (13) The West Indian manatee shall be afforded protection from boating activities that may have an adverse impact upon the species. The following criteria apply in the implementation of this policy: a. Marina operators shall undertake the following manatee protection measures in areas where manatees are known to occur: 1. Implement and maintain a manatee public awareness program which will include posting signs to advise boat users that manatees are an endangered specie which frequents the waters of the region's estuaries and lagoon; 2. Declare the waters in and around marinas as "idle speed" zones; and 3. Post phone number(s) to report an injured manatee. b. Local manatee protection plans shall be included as part of the coastal management and conservation elements of the comprehensive plan. The plan should: 1. Assess the occurrence of manatee activity within the jurisdiction; 2. Document the number of manatee accidents and deaths; 3. Identify manatee habitats; 4. Determine the potential for adverse impacts to the manatee population from various activities and identify the level of protection necessary to ensure least possible interference; and 5. Recommend local mitigative actions to be undertaken in support of the regional policy. (14) In addition to the above listed criteria, accessory docks and unwalled boat shelters, davits, lifts and pilings shall be permitted and erected in accordance with the following regulations. a. All docks, piers or wharves and associated pilings, and all davits or lifts whether associated with a dock or erected separately, shall require a building permit from the building department and other applicable permit(s), as required, through the State of Florida and/or federal regulatory agencies, including the U.S. Army Corps of Engineers and/or any other agency having appropriatejurisdiction. It. All docks, pilings, or wharves, as permitted, shall be located in a manner that does not interfere with the riparian rights of adjacent properties. c. All docks, piers, wharves, davits and lifts, as permitted, shall be located to meet the following requirements: 1. Local canals and lakes —Said structure is located within the center one-third of the waterfront footage of the property and shall not extend further than 20 feet or one-third of the width of the waterway, whichever is the lesser distance. 2. Indian River Lagoon and Sebastian River —As permitted by applicable state and federal regulations. d. All off -shore pilings shall not project further above the surface of the water than is reasonably necessary for their use and be located no further from the rear property line than: 1.. Local canals and lakes-20 feet or one-third the width of the waterway, whichever is the lesser distance. 2. Indian River Lagoon or Sebastian River —As permitted by applicable state and federal regulations. e. This section notwithstanding, alternate site plan specifications may be presented to the planning and zoning commission for review and approval, as deemed necessary by the applicant. (g) Estuarine water quality. In order to protect the water quality of the aquatic preserve, no new point source pollution shall be permitted to discharge into the lagoon or into ditches or canals flowing into these lagoon. In addition, in order to reduce non -point source pollutants the city shall require surface water management plans that comply with the city's adopted drainage level of service standard cited in article IX, provisions of article XII, and shall satisfy all applicable federal, state, and regional standards and policies governing estuarine water quality. (h) Restrictions in coastal high hazard area. The coastal high hazard area includes all area within the category I evacuation area established in the Treasure Coast Regional Hurricane Evacuation Study. The city shall enforce land use controls within the coastal high hazard area, especially areas east of Indian River Drive. Enforcement activities shall include but not limited to enforcing: (1) Exclude habitable structures from locations within the V-zone. No habitable structures shall be permitted within the V-zone. (2) Prohibit potential point pollutants. Water and sewer treatment plants, industrial holding ponds and other potential point pollution sources within the coastal high hazard area are prohibited. (3) Storm and flood -proofing standard for structures. Construction within the coastal high hazard area shall meet storm and flood -proofing standards exceeding those required for a 100-year storm. (4) Manage density. Residential development and/or redevelopment in the coastal high hazard shall not exceed existing residential. (5) New development to exclude septic tanks. No new development or redevelopment within the coastal high hazard area shall be permitted to use septic tanks. (6) Publicly funded infrastructure. Publicly funded infrastructure shall not be built within the coastal high hazard area unless the facility is for the protection of public health and safety. (i) Restrictions on development impacting Class 11 waters. Class II waters are defined by DEP as coastal waterbodies which currently do or have potential for supporting shellfish harvesting. That portion of the Indian River within the city corporate limits has been classified by the Florida Department of Protection, Southeast Subdistrict, as a Class II waterbody. The following development restrictions shall be imposed: (1) Limitation on dredging. Dredging activities shall be limited to approved maintenance dredging and shall minimize adverse impacts on shellfish propagation or harvesting. (2) Intergovernmental coordination. Development petitions potentially impacting Class II waters shall be coordinated with the DEP and the SJRWMD in order to ensure that storm water run-off and all discharge processes are compliant with the laws enforced by agencies having jurisdiction. The city shall notify the appropriate agency with the jurisdiction as potential issues or problems are identified by the city. (3) Restriction on use. Use of Class II water shall be restricted to water dependent activities that are not contrary to the public interest and satisfy a community need. (4) Restrictions on modification of grassbeds. Modification of grassbeds shall be restricted to only those cases involving overriding public interest. Where modification of grass beds is permitted the city shall not approve a site plan unless the applicant for development has demonstrated compliance with the following: a. A determination of overriding public interest has been demonstrated prior to modification of grassbeds. b. Project run-off and nutrient introduction shall be controlled to prevent an increase in water turbidity. c. Projects damaging grassbeds during construction shall incorporate mitigative techniques which re-establish benthonic conditions favorable to natural regeneration. d. The city shall coordinate closely with state and federal agencies during the permitting processes to ensure that the intent of these policies is carried out. (j) Estuarine shoreline access. The city has adopted the state standard for shoreline access to the Indian River Lagoon and Sebastian River. The city shall preserve existing access points and shall strive to add additional access points in order to achieve access points at approximately one-half mile intervals along the estuarine shoreline. (k) Multi -agency review of coastal management issues. As part of the staff analysis and evaluation of site plans involving land adjacent to the Indian River Lagoon as well as major site plans impacting the St. Sebastian River, the planning and growth management director shall coordinate with representatives of county, state and federal agencies having jurisdiction over coastal issues, including as may be applicable the: U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, State Department of Environmental Protection (DEP), the St. Johns River Water Management District (SJRWMD), the Treasure Coast Regional Planning Council, Indian River County, and other federal, state, and regional agencies as may be appropriate in managing the following activities: (1) The city shall coordinate all development and resource conservation measures impacting the waters of the state and the Sebastian River with the above cited agencies. These activities shall include, but not be limited to, review of proposed development potentially impacting natural resources, including development petitions for docks, shoreline stabilization, dredging, or other alteration of natural resources under federal or state jurisdiction. (2) The city shall coordinate with technical staff within DEP and SJRWMD in order to ensure implementation of sound principles and practices of coastal resource management during review of major site plans as well as in the formulation of policies impacting coastal resource management (3) The city shall coordinate with the SJRWMD, the DEP, as well as other appropriate state agencies in matters surrounding stormwater management, drainage, water quality and quantity, and consumptive use permitting. (4) The city shall ensure that all issues surrounding development impacts on wetlands or other resources under federal and/or state jurisdiction are managed based on timely coordination, exchange of information, and appropriate follow-up by the city and all agencies having jurisdiction over the issue. The city shall request jurisdictional determinations from all appropriate agencies prior to the issuance of development orders or building permits for all sites within the city. (5) Thecity shall coordinate with Indian River County on issues surrounding hurricane evacuation, stormwater management on county roadways, public access, and other coastal issues of mutual concern. (1) Regulating impacts of development on waterbodies. Site plans adjacent to estuarine waters shall comply with the following performance criteria: (1) Surface water management systems shall be consistent with the city's adopted drainage level of service cited in article IX, Concurrency Management, and applicable federal, state, and regional standards. (2) In addition to requirements of article XII, Stormwater Management, the stormwater management plan shall indicate the characteristics of the wetland buffer, if required pursuant to section 54-3-11.4(c), which requires an upland buffer separating wetland. (in this case, the submerged land) and upland areas and in which development activities may be regulated to protect the estuary. The upland buffer shall be an area landward of the upland edge of an estuary and shall provide an undeveloped area that separates developed upland from the estuarine waters. In this case the purpose of the buffer area is to ensure the continuing function of the estuary and related wetland communities, to prevent pollutants within surface water runoff from entering the estuarine waters, and to enhance water quality. The city shall retain the right to prohibit development within the buffer area. The boundary of an upland buffer area shall be consistent with best management principles and practices and shall be compliant with applicable St. Johns River Water Management District or other applicable permitting standards for upland buffers adjacent to the estuary. (3) A vegetated and functional littoral zone shall be established as part of the surface water management system of lakes occurring on all property. Prior to construction of the surface water management system for any phase of a project, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of these systems. The plan should: a. Include typical cross sections of the surface water management system showing the average water elevation and the -3 foot contour (i.e., below average elevation), or a 75-foot distance from the wetland buffer, whichever is greater; b. Specify how vegetation is to be established within this zone, including the extent, method, type and timing of any planting to be provided; and c. Provide a description of any management procedures to be followed in order to ensure the continued viability and health of the upland, wetland transition area and water body. The upland buffer zone shall consist primarily of native vegetation and shall be maintained permanently as part of the water management system. A minimum, ten square feet of vegetated littoral zone per linear foot of lake shoreline shall be established as part of the surface water management system, The developer's buffer zone management plan shall include a plan acceptable to the city for the long-term managementimaintenance of stormwater, shoreline stabilization, and estuarine water quality protection. The burden for perpetual maintenance rests with the property owner. d. Should it be necessary to establish or replenish shoreline or buffer zone vegetation, the developer should use plants that are highly salt tolerant as part of the aquascape (i.e. mangroves). Aquatic planting that is necessary shall be illustrated on the required landscape plan submittal for site plan review. (4) Outstanding Florida Waters, Class II, and Class III Waters shall be protected by incorporating the following provisions into the city's land development regulations: a. Dredging and filling activities shall be limited to DEP, U.S. Army Corp of Engineers, and SJRWMD and any other applicable agency approved dredging. b. Ensure good water quality by coordinating with the U.S. Fish and Wildlife Services, DEP, and the SJRWMD in monitoring the quality of stormwater run-off and all discharge processes where these agencies have jurisdiction. The city shall notify the appropriate agency with jurisdiction as potential issues or problems are identified by the city. The city's amended land development regulations shall provide performance criteria designed to ensure that new development provides effective and adequate storm -water management improvements concurrent with the impacts of new development. All new development shall comply with drainage level of service criteria. c. Prohibit the use of these waters for water dependent activities that are contrary to the public interest and do not satisfy a community need. d. Prohibit modification of marine grassbeds unless required by an overriding public interest, and the activity is approved by federal, state, and/or regional agencies having jurisdiction. e. Where modification of grassbeds is permitted by agencies having jurisdiction, the city shall ensure that: 1. A determination of overriding public interest has been demonstrated prior to modification of grassbeds. Z Project run-off and nutrient introduction shall be controlled to prevent an increase in water turbidity. 3. Projects damaging grassbeds during construction shall incorporate mitigative techniques which re-establish benthic conditions favorable to natural regeneration. Mitigation should only be allowed at a three or four to one ratio as recommended by the Marine Resources Division of DEP. 4. Special attention shall be given to stipulations cited in (1) through (3) above during the development review process. The city shall coordinate closely with state and federal agencies during the permitting processes to ensure that the intent of these policies is carried out. I. Protect aquatic and wetland wildlife and vegetative species. (m) Exemptions to coastal resource protection regulations. The following activities shall be exempt from the coastal resource protection regulations. (1) Minor maintenance or emergency repairs to existing structures or improved areas. (2) Clearing of shoreline vegetation (excluding protected species) to create walking trails having no structural components, not to exceed four feet in width. The city reserves the power to restrict the number and design of walking trails. (3) Timber catwalks, docks, and trail bridges that are less than four feet wide, provided that no filling, flooding, dredging, draining, ditching, tiling or excavation is done, except limited filling and excavating necessary for the installation of pilings. (4) Recreational fishing and temporary blinds. (5) Constructing fences where no fill activity is required. Notwithstanding, any permitted development shall provide a plan acceptable to the city that ensures maintenance of water quality and coastal resource integrity in perpetuity. Sec. 54-3-11.5. - Wildlife habitat preservation and protection of flora and fauna. Vegetative communities and wildlife habitats (particularly those identified as primary habitat for endangered or threatened species or species of special concern) which are deemed environmentally significant shall be protected from adverse impacts associated with development. Table VI-1. "Endangered, Threatened, and Species of Special Concern by Habitat' is contained within the comprehensive plan conservation element data inventory and analysis. This table identifies essential breeding, feeding or habitat sites for endangered or potentially endangered flora or fauna that shall be protected pursuant to the following regulations. Applicants for development within any areas identified as refuge, breeding, feeding, or habitat areas of endangered or threatened species or species of special concern shall prepare a habitat management plan which shall as a minimum comply with regulation in subsections (a), (b) and (c) below. (a) Critical habitat management plan required. Site plans and preliminary plats shall include a "critical habitat management plan" prepared by a professional biologist, ecologist, or other related professional The plan shall ensure the protection of endangered and threatened flora and fauna as determined by the state or federal government. As a minimum standard this plan shall analyze the following issues: (1) Identify the occurrences of designated species by a qualified ecologist; (2) Land needs to support continued on -site presence of the species; (3) Impacts of proposed development that will disturb the species; (4) Management plans and measures necessary to protect the subject species; (5) Cost to developer to implement the recommended management plan as approved. (b) Criteria for reviewing critical habitat plan. Development activities that have an adverse effect upon a designated species shall require mitigation acceptable to the city or shall not be permitted. Viable (i.e., capable of Irving) habitat for endangered or threatened species or species of special concern occurring on a site shall be identified on the management plans as preservation areas. All development activities shall be prohibited within these preservation areas with the exception of recreational and educational uses where such uses shall not adversely affect such species. The city staff shall review the critical habitat management plan as well as the federal and/or state agencies having jurisdiction. The final development plan shall comply with directives of the federal and/or state or local agencies having jurisdiction and the most restrictive shall apply. (c) Incentives for reservation of conservation easements. The applicant and the city may negotiate a development agreement that ensures the preservation of habitats. Where the applicant agrees to dedicate a conservation easement embracing the identified habitats, the city reserves the right to provide for a transfer of density or intensity to adjacent lands under common ownership which are unencumbered by environmentally sensitive ecosystems. (d) Buy out alternative. If the applicant desires to develop a critical habitat, the city, with consent of agencies having jurisdiction, may allow the applicant to develop the critical habitat only if the applicant pays a fee in lieu of dedicating a conservation easement to preserve the critical habitat. However, any payment allowed in lieu of preservation must be sufficient to purchase equally sensitive habitat of similar or greater size. Such cash payment shall be placed in a special fund for future purchase or debt retirement from the purchase or mitigation of crifical habitat. Sec. 54-3-11.6. - Floodplain protection. Development of the goodplain (the A, AE, and VE zone on the FIRM maps) shall meet the goodplain management requirements in article XII, Surface Water Management, and article XIII, Flood Protection. Sec. 54-3-11.7. - Hazardous waste storage and disposal. No hazardous wastes shall be stored or disposed of on wetlands. Similarly, no hazardous wastes shall be stored or disposed of on upland buffers pursuant to this article. Sec. 54-3-11.8. - Conservation of potable water supply. The city shall assist in regulating development for purposes of complying with policies of the St. Johns River Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption. Therefore, development plans shall be required to comply with the following potable water supply performance criteria: (1) If non -potable alternative sources of irrigation water are available, potable water supplies shall not be used to meet irrigation needs. (2) All new development shall be required to use water -saving plumbing fixtures (3) In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least 50% of all landscaping material for commercial sites obtained from off -site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site. Further, at least 50% of all trees used in landscaping shall be drought tolerant native species adapted to soil and climatic conditions existing on -site in order to lessen water demand. Sec. 54-3-11.9. - Irrigation wells. Irrigation wells as regulated herein are defined as: Wells constructed for the obtaining of groundwater for the irrigation of lawns and landscaping, and whose size or capacity are below the thresholds for regulation by state agencies. For purposes of mitigating potential adverse impacts on land use caused by the construction of irrigation wells, the city shall require that any irrigation well installed within the city shall first obtain a permit for the irrigation well from the appropriate permitting agency. All irrigation wells shall be constructed by a water well contractor licensed under chapter 17-531, F.A.C., to engage in the business of construction, repair, or abandonment of wells. Similarly, all irrigation wells shall be constructed in accordance with all applicable state regulations and good engineering practices, including section 17-532.500, F.A.C. Sec. 54-3-11.10. - St. Sebastian River Upland Buffer. (1) For parcels created after March 1, 2007 along the St. Sebastian River, a 100-foot shoreline protection buffer is hereby established measured from the mean high water mark of the river or 50 feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater, For parcels of record which existed in the city prior to March 1, 2007, or annexed after said dale and having exited prior to June 18, 1991, a 50-foot shoreline protection buffer for unplatted parcels, and a 25-foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River, measured from the mean high water line. In no case, however, with reference to pre-existing parcels or lots of record as described above, shall the buffer(s) exceed 20 percent of the parcel or lot depth perpendicular to the applicable waterway (2) Within the shoreline protection buffer, no development shall be permitted with the exception of docks, boat ramps, pervious walkways and elevated walkways which provide the property owner with reasonable access to the waterway. No more than 20 percent or 25 feet, whichever is greater, of any shoreline may be altered for reasonable access. Native vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed for trimming under city tree protection regulations. (3) Shoreline alteration shall be prohibited, unless it is in the public interest or prevents or repairs erosion damage, or provides reasonable access to the water, does not adversely impact water quality, natural or adjacent shoreline uses, and is permitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances shall be relocated or replaced on -site with comparable vegetation and amount (Ord. No. 0-07-05, § 1, 3-14-2007) Sec. 54-3-11.11. - Roseland Road Buffer. (1) For city owned lands adjacent to Roseland Road, including the Sebastian Municipal Airport (SMA) and SMA leaseholds, a 50-foot vegetative buffer is hereby established and created. (2) The buffer shall exist from the Roseland Road eastern right-of-way and extend 50 feet eastward along the entire length of the property line of city or Sebastian Municipal Airport owned lands. (3) Existing vegetation within the Roseland Road Buffer shall remain unaltered, except to permit removal as regulated in article XIV of the city's land development code (section 54-3-14). Vegetation removal may also be required for generally recognized traffic safety standards specified in the Manual of Uniform Traffic Control Devices, the Florida Department of Transportation Manuals and Indian River County Traffic Engineering standards. (4) The city reserves the right to replace and improve existing airport business directory signage. (Ord. No. 0-09-14, § 1, 1-13-2010)