title
LAND DEVELOPMENT CODE AMENDMENT FOR STREET TREES, WETLANDS AND SURFACE WATER REQUIREMENTS (B)
Ordinance No. 0-03-70; Petition No. 95TCH-02PB
An ordinance of the City of Gainesville, Florida; amending the Land Development Code, Chapter 30, relating to requirements for street trees, wetlands and surface waters; amending section 30-23, Land Development Code, deleting the definition of wetlands designated, providing a definition for wetland function, and amending the definition of wetlands; amending section 30-251, Land Development Code, clarifying street plantings should be uniform, clarifying approval may be by a board; amending section 30-300, Land Development Code, repealing obsolete definitions; amending section 30-301, Land Development Code, clarifying regulated surface waters and wetlands; amending section 30-302, Land Development Code, amending, clarifying and updating general requirements and procedures regarding surface waters, wetlands and buffers; creating section 30-302.1, Land Development Code, specifying criteria and conditions for the avoidance of loss or degradation of wetlands; amending section 30-303, Land Development Code, amending criteria and requirements for special permits for certain single family lots; amending section 30-304, Land Development Code, amending, conforming, and updating exemptions of the provisions of the surface waters and wetlands sections of the Code; amending section 30-311, Land Development Code, amending penalties for violations of the provisions of the surface waters and wetlands section of this Code to include City Manager authority to revoke a permit or issue a cease and desist order under certain conditions; amending the Gainesville Tree List, Land Development Code, conforming change to clarify street plantings should be uniform; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
The Conservation, Open Space and Groundwater Recharge Element of the updated and adopted City of Gainesville 2000-2010 Comprehensive Plan made changes regarding City regulation of wetlands and surface waters. The Comprehensive Plan changes include changes in buffer requirements for lakes, establishment of minimum buffer requirements for wetlands, and establishment of various policies with respect to offsite mitigation for wetlands that may be impacted by development. With respect to wetland mitigation, the adopted Comprehensive Plan has changed from a 'no net loss of wetland acreage and function on the subject property' policy to one in which mitigation, in those cases where it could be approved after meeting numerous applicable local and state regulatory requirements, including a public interest test, may occur off-site, and must be within the same sub-basin and basin unless it is demonstrated that the mitigation outside the sub-basin is more appropriate.
Most of the proposed revisions to the wetlands and surface waters regulations were initially developed by the Ad Hoc Committee on Wetland and Creek Regulations and presented to the City Commission on June 3, 2002. The updated land development regulations, if approved, will implement the many new or substantially revised Comprehensive Plan policies regarding wetlands, several revised policies regarding creeks and lakes, and one revised policy regarding street trees. The proposed regulations end the general exemption for stormwater management facilities, and establish requirements that stormwater management facilities must meet before they can be exempted from the minimum buffer requirements for wetlands. Another proposed revision is to include creeks and lakes that are not currently delineated on the map entitled "Surface Waters and Wetlands District." Revisions also have been made to several definitions.
The City Plan Board heard the petition on June 19, 2003 and recommended that it be approved. In response to concerns expressed at the Plan Board meeting, staff is proposing the following additional revisions to the regulations: require that the regulations will apply to all creeks and lakes per statutory definition of waters in the state; and revise to allow for wetland buffer encroachment with non-contiguous increase in buffer distance. Other post-Plan Board revisions are recommended following input from legal staff, particularly with respect to limited changes to the financial assurance provisions and to the violations, enforcement and penalty provisions, which have been expanded.
Additional post-Plan Board revisions include: changes regarding delineation of creeks, lakes and wetlands, and providing for annexed creeks, lakes and wetlands to be subject to the City's wetland and surface waters regulations; requirement that wetlands and wetland buffers not be included in lots platted (except for lots created by lot splits or minor subdivisions) after the effective date of the new regulations; specification that impervious surfaces and placement of sod are generally not allowed in buffers; requirement for removal of noxious weeds and retention or installation of native vegetation in buffers; deletion of proposed mitigation ratios because they have been obviated by a new statewide rule; minor revision to basis for deviation from order of mitigation preference; change in mitigation monitoring report frequency from 6 months to 12 months; specification that mitigation reporting to and review by the Water Management District is acceptable in lieu of review by the City; revised surface waters and wetland exemptions for public works and utilities projects to make it clear that such projects are not exempt from first avoiding wetland impacts and then minimizing unavoidable impacts; replaced required City public works and County environmental departmental approvals of vegetation reestablishment plans with approval by City Manager or designee; and, deleted the exemption for backyards of single-family residences within 150 feet of a lake or wetland.
Public notice was published in the Gainesville Sun on June 3, 2003. Plan Board held a public hearing on June 19, 2003. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 95TCH-02 PB. Plan Board vote 5-0.
CITY ATTORNEY MEMORANDUM
The City Commission at its March 15, 2004 meeting approved Petition 95TCH-02 PB, and authorized the City Attorney to draft and the Clerk of the Commission to advertise an ordinance relating to street trees, wetlands and surface waters.
This ordinance requires two public hearings. Should the Commission adopt the ordinance on first reading; the second and final reading will be held on Monday, April 12, 2004.
fiscal note
None