10/6/1992 - Laserfiche WebLink

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Because the clearing of vegetation along the canal bank of the subject property was undertaken without a county land clearing permit, a violation of county code occurred. For this reason, the Board of County Commissioners has the authority to order mitigation to resolve the violation. Since last year, staff have coordinated with state and federal Jurisdictional agencies, Mr. Schlitt, Mr. Dan Rnoebel (owner of the subject property), the City of Vero Beach, and Rockridge residents to resolve the matter. Although progress has been made in resolving the matter, the planting of a visual and noise buffer has not yet occurred. On September 22, 1992, Patricia Powers of the Rockridge Property Owners Association wrote a letter to the County Commission requesting another hearing to resolve outstanding issues. As such, it is requested that this matter be brought before the Board for consideration. ALTERNATIVES AND ANALYSIS: Mr. Schlitt has now secured state and federal permits to stabilize the canal shoreline south of his property with mangrove and spartina plantings, and is expected to carry -out the shoreline stabilization project within the next month. Also, the Vero Beach Planning and Zoning Commission recently approved Mr. SchlittIssite plan to construct an office complex on his property, including a landscape buffer along his south property line. In August, staff met with Mr. Schlitt and Rockridge representatives to resolve buffer issues relating to the subject property. Both Mr. Schlitt and the Rockridge residents accepted a proposal whereby Mr. Schlitt would plant a wax myrtle buffer along his south property line to supplement the landscape required by the City of Beach. At this point, it appears that there are essentially two issues that are unresolved: the timing of vegetation buffer planting, and the height/maturity of the wax myrtles at the time of planting. Timing of Buffer Planting Mr. Schlitt has explained that due to necessary fill and grading work associated with his site plan development project, the wax myrtle buffer cannot be planted until the first phase of site plan construction. Mr Schlitt has. projected that under these constraints, the buffer along his south property line will be completed within approximately six months. Rockridge residents are of the position that another six months, in addition to the year that has already passed, is too long'a wait. Size of Planted Materials Rockridge residents have requested the planting of myrtles at a height of 6 to 8 feet, in that the plants are intended to mitigate the removal of mature vegetation. Mr. Schlitt has agreed to plant myrtles with a height of 4 to 6 feet at time of planting. There are no county regulations that specifically require Mr. Schlitt to plant 6 to 8 foot myrtles vs. 4 to 6 foot myrtles at time of planting. However, the Board does have discretion to set mitigation parameters regarding illegal land clearing activities. 17 OCT 61992 ma . 782 J