09/22/2015 (2) - Laserfiche WebLink

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1 i After consideration of overall evidence and testimony presented at the appeal hearing, the Code Enforcement Board voted 4 to 2 to rescind the citation and related fines. Although it was unclear at the hearing as to the specific reasons why the Board'voted to rescind the citation, the "facing the ocean" language in LDR Subsection 932.09(4)(d), as it relates to windows, appears to have been a factor. Subsequent to the citation hearing and the Code Enforcement Board's finding, on April 7, 2015 County Commissioner Peter O'Bryan brought the apparent discrepancy in the sea turtle lighting regulations relating to windows "facing the ocean" vs. "can be seen from the beach" to the Board of County Commissioners for discussion. As a result of that discussion, the County Commission directed staff to draft an ordinance amending LDR Section 932.09 to delete references to "facing the ocean" and replace it with "in line-of-sight of the ocean" language. Moreover, in his motion that was passed on the matter, Commissioner O'Bryan recommended that the area of restricted illumination be extended beyond the beach and include dunes(see 4/7/15 BCC minutes, Attachment 2). Staff has since drafted amendments to the County's sea turtle protection regulations (Attachment 7 to this report), which are now being presented to the Board for adoption consideration. Planning and Zoning Commission Recommendations At a public hearing on June 11, 2015, the County Planning and Zoning Commission (PZC) considered the proposed ordinance (see approved minutes, Attachment 3 to this report). At that hearing, the PZC voted 4-0 to recommend that the Board of County Commissioners: 1. Approve the proposed ordinance with a revision that a light source "...visible to an observer on the beach..." be changed to "...visible to an observer standing anywhere on the beach...,"when referring to lights subject to the sea turtle lighting regulations. 2. Approve the proposed ordinance with a revision in proposed language that "...all exterior light fixtures on the seaward and shore-perpendicular sides of buildings (and on the landward side of buildings if the fixtures are visible from the beach)..." be changed to "...all exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach..." 3. Not extend sea turtle lighting restrictions to include illumination of the dune area. 4. Direct staff to include verbiage in an annual letter to beachfront property owners about sea turtle lighting regulations to advise such landowners that they are responsible for the actions of anyone on their property that violates lighting restrictions, including guests and renters. Recommendations 1 and 2 have been incorporated into the proposed ordinance. The proposed ordinance, as drafted by staff, is consistent with recommendation 3. Staff has implemented recommendation 4 in its revised annual letter to beachfront property owners(see Attachment 4). Fish and Wildlife Conservation Commission Recommendations Subsequent to the June 11, 2015 PZC hearing, county staff received comments from Florida Fish and Wildlife Conservation Commission (FWC) staff concerning the proposed ordinance amendment. FWC staff recommended a number of revisions to make the proposed ordinance more consistent with the state's model lighting ordinance for sea turtle protection. Those recommendations include: 2 224