www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 23, 2013
April 23, 2013 - Regular Meeting
Agenda Item #36


Subject
1:30 P.M. TIME CERTAIN - ITEM #31 - Ordinance 13-04-Land Development Code Section 719 (Wetlands)

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

William Clague

Assistant County Attorney



Action Requested

No Action Necessary.

This is the first of two required public hearings; the second hearing is scheduled for May 7, 2013.



Enabling/Regulating Authority
Manatee County Comprehensive Plan

Background Discussion
  • The County Attorney's Office has advised the Board of the need to amend and restate Section 719, Wetlands, of the Land Development Code to reflect the County's current wetlands avoidance policies and practices. The County Attorney's Office has prepared a draft Ordinance No. 13-04 to address this legal concern. The Ordinance does not provide for any substantive changes in the current policies and practices of the County, but rather codifies existing policies and practices in accordance with the requirements of Florida Statutes, and makes "housekeeping" changes for clarity and consistency.

 

  • On April 11, 2013, by a vote of 6 - 0, the Planning Commission recommended approval.
  • The following spoke at the April 11, 2013 Planning Commission public hearing.
    • Mary Sheppard stated that her concerns are that there should be a 3rd party to do the monitoring and enforcement of the wetlands.
    • Barbara Angelucci stated that if mitigation is being done off site there should be a list of data for the sites and we need to protect the wetlands and make sure we have enough water for the wetlands.
    • Hugh McGuire, representing Economic Stimulus Working Group, stated they are opposed to mitigation of wetlands .5 acres or less in size. The FDEP doesn't require mitigation for .05 acre or less they don't consider these wetlands viable. Manatee County should follow the same rule. They also recommend deleting the definition of non-viable wetlands from Exhibit "A" of the Ordinance and Section 719.6.2 a.b.c.and d which deals with non UMAM mitigation.
    • John Henslick commended staff for the changes that have been made. He is concerned with Section 719.6.2 saying FDEP specialists have determined .5 acre is not a viable wetland. This acreage is too small to provide significant fish and wildlife habitat and doesn't provide function ability. He requests the Section 719.6.2 be deleted from the current Ordinance.
    • Nanette Almeter stated that this Ordinance enhances builders ability to remove wetland areas. This Ordinance is making it easier for the removal of wetland areas.

 

  • Staff stated that they don't necessarily disagree with suggested changes but that is a decision for the BOCC.
  • A second motion was made by Mr. Conerly and seconded by Mr. Mendez and carried 5 - 0:
    •  I move for the Board of County Commissioners to consider viability of defining non-viable wetlands and consider the issue of non UMAM mitigation to be evaluated for consistency with the Manatee County Comprehensive Plan and State regulations.

 



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague drafted the Ordinance.

Reviewing Attorney
N/A

Instructions to Board Records

n/a



Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Section 719 Wetlands Draft 5.pdf
Attachment:  Draft Ordinance No. 13-04 - Comparison.pdf
Attachment:  Copy of Newspaper Advertising.pdf