10/13/2015 (3) - Laserfiche WebLink

Home Browse Search

Consiste i cy with Comprehensive Plan Policies County Comprehensive Plan Conservation Element Policy 7.8 provides that the County will apply sea turtle protection lighting criteria for beachfront development in the unincorporated county. The proposed LDR amendment is consistent with Conservation Element Policy 7.8 and does not conflict with the public interest or any other LDRs. Impacts I n Development Costs and Affordable Housing Indian River County has had sea turtle protection lighting restrictions in place for beachfront development since 1987. The proposed revisions will not have a substantial impact on development costs associated with beachfront development. Impacts will be limited to the additional cost of window treatments and fixture improvements that are proposed to extend to all lighting visible from the beach, beyond just "ocean-facing" windows and lighting. As such, the proposed LDR amendment will not have a significant effect on the cost of beachfront development, and no practical impact on affordable housing, since affordable housing does not include or rely upon beachfront sites. Balance Of Sea Turtle Protection and Private Development Rights From a sea turtle protection standpoint, elimination of all artificial lighting along the coast would substantially reduce adverse impacts to sea turtle nesting. Such a measure, however, would be impractical and would not take into consideration private rights for reasonable use of property. The County'sisea turtle protection lighting regulations, as well as the regulations of other localities statewide, were drafted to strike a reasonable balance between sea turtle protection and private property rights. The proposed revisions will strengthen sea turtle protection measures while still maintaining that reasonable balance. Revisions to Annual Sea Turtle Letter to Beachfront Property Owners i As indicated earlier in this report, the PZC recommended that staff revise its annual sea turtle letter to beachfront property owners to advise owners that they are responsible for the actions of guests or renters that violate lighting restrictions. To that end, staff has revised the standard language of that letter (see Attachment 4). SUMMARY The proposed amendment to the County's sea turtle protection lighting regulations will resolve certain inconsistencies within the ordinance with respect to how illumination is defined and applied to coastal lighting. It will also make the ordinance more consistent with the state model ordinance and with other local ordinances, and more consistent with FWC recommendations, in a manner that strengthens sea turtle protection while reasonably balancing that protection with private property rights. i RECOMf MENDATION Staff recommends that the Board of County Commissioners adopt the proposed LDR amendment. Staff also recommends that the Board approve the revised language in the sea turtle letter that staff annually sends to beachfront property owners. 6 137