5/15/1991 - Laserfiche WebLink

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MAY 115 1991 i eooK F ;rp' at the May 1st meeting. The Board is now to again consider the entire ordinance and the new changes, and take action on the ordinance proposal. ANALYSIS: At the May 1st meeting, the Board expressed concerns related to the Section 12 (McDowell -initiated) amendments to Chapter 932. The concerns were as follows: 1. The restrictions on the size of unwalled boat shelters; 2. The requirement of a 5' dock/boat shelter height above mean high water level; and 3. The effect of any new, stricter requirements (especially the 5' height requirement) to existing dock/boat shelter structures ("grandfathering -in"). Staff have again contacted representatives of the Army Corps of Engineers (ALOE) and the Florida Department of Natural Resources (FDNR)'regarding these issues. Also, staff have contacted a local dock builder to ascertain some of the construction -related impacts of a new 5' height requirement. Staff have addressed the Board's concerns and have amended Section 12 of the proposed ordinance as follows. •Boat Shelter Size Restriction The FDNR presently requires that, within -an aquatic preserve, the combined surface area of a terminal platform and unwalled boat -shelter not exceed 160 square feet. However, discussions with various FDNR staff members reveal that the 160 square foot restriction is in the process of being revised to allow a larger square footage in areas of a preserve that are outside of "Resource Protection Areas" (RPAs) containing significant marine resources such as grassbeds. The McDowell dock is outside of the referenced RPAs. The FDNR's proposed larger square footage allowance is still in a state of flux, although the two figures of 330 square feet and 490 square feet (including the terminal platform) are being discussed on the FDNR staff level. In that FDNR's proposed size revision is still a "moving target", staff have revised Sec. 932.07(3) to emphasize that the unwalled boat shelter and terminal platform area shall not exceed FDNR limitations in aquatic preserves. Staff have added a restriction on the size of unwalled boat shelters (not including terminal platforms) at 400 square feet, regardless of location, in an effort to prevent an abusive size in areas of the river where size would otherwise be unrestricted. These areas that are unrestricted by jurisdictional agency size criteria are largely limited to manmade waterways. •Five Foot (51) Height Requirement ACOE and FDNR presently require dock structures to be constructed at least 5 feet above mean high water when such structures occur over existing submerged aquatic vegetation. Neither of the agencies require the 5 foot height in areas of potential aquatic vegetation, although both agencies' staff thought it was a good idea.. They did not think the 5 foot height should be required in all cases, but only when such vegetation is in the vicinity and could reasonably be expected to expand into the dock area. County environmental planning staff concur with this viewpoint.