Description of Conservation Map Amendments

 

The Conservation map amendments to the Future Land Use Map and revision to the goals, objectives and policies of the Conservation Element of the Putnam County Comprehensive Plan are scheduled for a public hearing on April 30, 2003 at 4:00 p.m.  A public hearing on these amendments was held on March 26, 2003.  The Planning Commission requested more time to review the amendments and asked Staff to return with an alternative proposed recommendation for Conservation map amendments.   

 

At the March 26^th public hearing, Staff presented recommendations from the Environmental Lands Study (ELS) for amending the Future Land Use Map of the County Comprehensive Plan.  The three recommendations of the ELS for the Conservation Future Land Use category are:

 

(i)                  Verify public and private owned lands acquired for conservation purposes;

(ii)                Designate three privately owned areas (Levy’s Prairie, Goodson’s Prairie and Fowlers Prairie) Conservation; and

(iii)               Designate jurisdictional wetland systems Conservation along the main stem of the St. Johns River and its major tributaries. 

 

At the March 26^th public hearing, the Planning Commission heard public comment regarding the recommendations of the ELS for Conservation map amendments.  A total of 45 citizens signed-in (Comprehensive Plan Courtesy Information List) and the Planning Commission took public comment from about 22 citizens.  The overwhelming sentiment of written correspondence and citizens speaking at the hearing was to remove private owned land from the proposed Conservation Future Land Use category.  A variety of reasons were given.  Some of the common reasons included the density limitation  (1 unit per 30 acres); the existing level of wetland regulation by federal and state agencies; too much of County already in Conservation category and owned by public agencies; and the stigma of the Conservation designation and potential loss in land value. 

 

Staff is recommending the removal of proposed, privately owned land from consideration for the Conservation Future Land Use category, except for lands owned by private organizations for conservation purposes such as The Nature Conservancy.  This means that recommendations (ii) and (iii) of the ELS, as described above, are withdrawn.  Staff is proposing an alternative recommendation that would designate additional public owned land Conservation (recommendation (i) above), and change the adopted upland buffer of native vegetation from jurisdictional wetlands to be consistent with typical state permitting requirements.  In Staff’s opinion, an upland buffer zone of native vegetation would be more effective in protecting wetlands and surface water, and less restrictive than the Conservation Future Land Use category. 

 

A provision added to Section 163.3184(6)(c) of the Florida Statutes in 1993 supports the alternative Staff recommendation.  Part of this Section states: “When a federal, state, or regional agency has implemented a permitting program, the state land planning agency shall not require a local government to duplicate or exceed that permitting program in its comprehensive plan or to implement such a permitting program in its land development regulations.”  However, the state land planning agency (Department of Community Affairs) may raise objections, recommendations and comments regarding the densities and intensities of development.  In addition, there are adopted policies of the Comprehensive Plan that address floodplain, wetland and surface water protection.  Policies A.1.1.1 and E.1.2.17. of the adopted Comprehensive Plan already require development to be located outside of the 100-year floodplain, where possible.  Policy E.1.2.5. of the adopted Plan requires a 50-foot setback and buffer strip between development and water bodies. 

 

Adopted Policies A.1.4.13. and E.1.2.18. and Policy D.1.6.4. require development to be located outside wetlands, where possible, with a 20-foot upland buffer zone.  The County’s Evaluation and Appraisal Report of the Comprehensive Plan recommends a 25-foot upland buffer.  Typical state permitting requirements call for an average 25-foot, minimum 15-foot upland buffer of native vegetation.  Therefore, Policy D.1.6.4, identical Policies A.1.4.12. and E.1.2.5., and identical Policies A.1.4.13 and E.1.2.18. are proposed to be amended as follows:

 

Policy D.1.6.4  [Rev. 93-19; 9J‑5.011(2)(c)4]:  The County shall, upon Plan adoption and subsequently through its Land Development Regulations, require new development to establish a an average 20 25-foot, minimum 15-foot upland buffer of native vegetation adjacent to wetlands and a vegetated buffer adjacent to water bodies meeting the requirements of Policy A.1.4.12 and identical Policy E.1.2.5 to provide filtration of stormwater pollutants.  Exceptions to the wetland and water body buffer requirements are provided in Policy A.1.4.13 and identical Policy E.1.2.18.

 

Policy A.1.4.13  [New 93-19; 9J-5.013(2)(c)6, identical to Policy E.1.2.18]:  Subsequent to Plan adoption  Ddevelopment in and adjacent to wetland and water bodies shall be subject to the following:

  

A.  All applicable state and federal regulations for permitting and mitigation must be met prior to the County issuing any construction permits.  This will be enforced through the site plan review process required by Policy A.1.1.2.

 

B.  The County through its subdivision regulations shall require all new lots to have adequate area to meet an average minimum 25-foot, minimum 15-foot upland vegetated buffer of native vegetation as also required by Policy D.1.6.4 and the water body buffer requirements of Policy A.1.4.12 and identical Policy E.1.2.5.  All new subdivision plats and non-residential site plans must show the mean or ordinary high water line of water bodies, jurisdictional wetlands, and the required buffers of Policy D.1.6.4., and identical Policies A.1.4.12. and E.1.2.5.   If the new lot will be serviced by an onsite septic system it must comply with the following:

 

1.  The usable land requirements and wetland and water body setbacks as required by the Department of Health standards for Onsite Sewage Treatment and Disposal Systems.

 

2.  If the new lot is within 500 feet of the mean or ordinary high water line of a water body, it must have 100 feet of frontage along the water body; and when developed, the septic system must meet the special design standards currently provided in Ordinance 87-5 which will be incorporated into the land development regulations and the system must be set back a minimum of 100 feet from the mean or ordinary high water line.

 

C.  The County shall ensure the protection of wetlands by requiring structures and other site improvements to be located outside of wetlands and the 25 foot upland buffer of native vegetation required by Policy D.1.6.4. except as provided below.  All exceptions are applicable only when the land use designation on the property permits the development or land use activity listed below; site characteristics are such that wetland impacts cannot be avoided; the impacts are limited to the minimum necessary to allow the permitted use of the property; and the site development or use complies with DOH HRS, DEP, WMD, and COE regulations for permitting and mitigation. 

 

1.  Residential lots of record existing on or before the adoption of the comprehensive plan on December 19, 1991 at 5:00 p.m. which do not contain sufficient uplands to permit development of a residence without encroaching into wetlands, may be developed with one residential dwelling.

 

2.  Resource-based recreational facilities such as trails, boardwalks, piers, and boat ramps. Private water-related facilities such as boathouses, docks and bulkheads as permitted by the applicable Federal, State, and local agencies.

 

3.  Water dependent components of commercial development such as port facilities, marinas, fish camps, and commercial fishing and shellfishing operations.

 

4.  General Agriculture shall maintain the natural hydrology and function of wetland areas in accord with the most recent version of USDA SCS guidelines established in the 1985 Food Securities Act and amended in 1990; and by following BMPs as provided in Policies A.1.4.9 and E.1.3.5 and E.1.2.8.

 

5.  Silviculture shall follow the most recent editions of the best management practices and management guideline manuals of the Florida Department of Agriculture and Consumer Services, Division of Forestry as provided in Policy A.1.4.9 and identical Policy E.1.3.5.

 

6.  Mining activities shall be located a minimum of 500 feet from a water body as currently required by Land Development Regulations Code.

 

7.  Essential public services.

 

D.  Transfer of density from wetlands to the upland portion of a site shall be permitted through approval of appropriate Planned Unit Development (PUD) Zoning applications and by establishing flexibility in the lot area requirements in the various zoning districts established in the Land Development Regulations Code.  The wetland area will be included in calculating the density applicable to a property if the wetlands are preserved and development occurs on uplands outside the buffer requirements of Policy D.1.6.4.  Surface water bodies will not be included in calculating the density applicable to a property.

 

E.  Wetland and water body protection shall be considered when the County evaluates variance requests for setback modifications that would move development away from wetlands and water bodies. 

 

F.  Development in the area adjacent to water bodies shall be limited according to vegetated buffer and use restrictions of Policy A.1.4.12 and the 50-foot building setback required by Policy A.1.4.17.  Development in water bodies shall be allowed only for uses permitted by DEP, WMD and COE, as applicable.

 

Policy A.1.4.12.  [Rev. 93-19; 9J‑5.013(2)(c)3,6; identical to Policy E.1.2.5]:  The County shall adopt and enforce regulations that require the preservation or restoration of a vegetated upland buffer or filter for any waterfront development.  The buffer strip shall provide for sheet flow of the surface runoff, and shall be a minimum of 50 feet in width, except as provided in Sections A through F below.  In addition, a An minimum average 25-foot, minimum 15-foot upland buffer of native vegetation shall be maintained between development and jurisdictional wetlands.  Development and land use activities excepted below in Sections A through F shall be allowed only when permitted by the land use designation; the impacts are limited to the minimum necessary to allow the permitted use of the property; and the site development or use is in compliance with HRS the Department of Health, DEP, WMD, and COE regulations for permitting and mitigation.  In addition, the County shall not approve any subdivision plats or non-residential site plans which would result in encroachment into the required buffers or the creation of waterfront lots with insufficient buildable area to maintain required buffers.  All new subdivision plats shall show the jurisdictional wetland line, the vegetated upland buffer from jurisdictional wetlands and the 50-foot water front buffer strip and setback.  The County shall also not issue building permits for development of waterfront lots with insufficient buildable area to maintain required buffers if the lots were created after adoption of this Policy December 19, 1991.

  

A.  Resource-based recreational facilities such as trails, boardwalks, piers, docks and boat ramps.  Private water-related facilities such as boathouses, docks and bulkheads as permitted by the applicable Federal, State, and local agencies.

 

B.  Water dependent components of commercial development such as port facilities, marinas, fish camps, and commercial fishing and shellfishing operations.

 

C.  General Agriculture shall follow BMPs as provided in Policies A.1.4.9 and E.1.3.5 and E.1.2.8.

 

D.  Silviculture shall follow the most recent editions of the best management practices and management guideline manuals of the Florida Department of Agriculture and Consumer Services, Division of Forestry, as provided in Policy A.1.4.9 and identical Policy E.1.3.5.

 

E.  Mining activities shall be located a minimum of 500 feet from a water body as currently required by Section 24-5 of the County Zoning Ordinance 88-1, as amended by Ordinance 91-31.

 

F.  Essential public services

 

It is important to note that there is private owned land currently designated in the Conservation Future Land Use category on the adopted Future Land Use Map.  Staff recommends no change to the existing Conservation Future Land Use category on private owned lands, but with clarification of permitted uses and the extent of the Conservation category.  Clarification is needed to ensure that the extent of the Conservation Future Land Use category on certain private owned lands is based on jurisdictional wetlands.  Type I Community Facilities and Services should be removed from the Conservation category.  Therefore, Policy A.1.9.3.A.11., in part, is proposed to be amended as follows:

 

11.  Conservation:    The Conservation land use category depicted on the Future Land Use Map includes areas designated for the purpose of conserving or protecting natural resources including ground water, surface water, wildlife habitats, vegetative communities, floodplains, and wetlands.  Areas warranting protection, which are subject to re-evaluation by the County and may result in map amendments to designate other areas as Conservation include seepage streams, slope forests, spring run streams, sandhill upland lakes, known listed species, scrub uplands and longleaf pine-xeric oak vegetative communities, public and private lands acquired for the purpose of preservation, all certain jurisdictional wetlands as shown on the adopted Future Land Use Map.  These wetlands are generally located adjacent to the main stem of the St. Johns River, Dunns Creek, and Crescent Lake including the wetlands associated with Murphy, Hog and Drayton Islands, and all out parcels within the Ocala National Forest, and the jurisdictional wetlands of Levy’s Prairie, Goodson’s Prairie and Fowlers Prairie.  Conservation of resources will also be accomplished in the other land use categories through implementation of environmental protection policies stated throughout the plan.  The types of land uses allowed in this future land use category, and guidelines and standards applicable to them are listed below.

 

a.  Limited Agricultural Uses are permitted and are subject to further regulation in the land development code.  New Intensive Agricultural Uses are prohibited.  Agricultural activities must comply with the best management practices provided for in Policy A.1.4.9 and identical Policy E.1.3.5.

 

b. Residential development on public and semi-public lands will not be permitted except for uses such as residences for park managers, caretakers, owners and operators.  Residential development on privately‑owned lands shall be limited to a maximum density of 1 dwelling unit per 30 acres. The extent of the Conservation category shall be only the jurisdictional wetlands on private owned land adjacent to the main stem of the St. Johns River, Dunn’s Creek and Crescent Lake, including the wetlands associated with Murphy, Hog and Drayton Islands.  Private owned lands shown in the Conservation Future Land Use category and outside of jurisdictional wetlands shall be considered in the nearest adjoining future land use category without requiring an amendment to the adopted Future Land Use Map.

 

c. Commercial Uses are not permitted, except for Commercial Uses permitted under paragraph f. below as resource-based recreational uses.

 

                  d. Industrial Uses are not permitted.

 

e. Community Facilities and Services Types 1 and 2 are permitted subject to compliance with standards provided in the land development code.  Community Facilities and Services must be located on sites that are accessible to their intended service area and do not require significant non-residential vehicular traffic to pass through established neighborhoods.  The location, scale and intensity of Type 2 Community Facilities and Services Types 1 and 2 shall be compatible with the overall character of the existing and future development of the area.

 

f.  Resource-based recreational uses are permitted subject to compliance with standards provided in the land development code.  The location, scale and intensity of resource-based recreation uses shall be compatible with the overall character of the existing and future development of the area.

 

g.  All residential and non-residential development permitted in the Conservation future land use category shall be limited to 10 percent impervious surface coverage on a site.