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Title:
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REQUEST FOR RELEASE OF A PRESERVE AREA AND ASSOCIATED PRESERVE AREA MANAGEMENT PLAN FOR GRACE PLACE CHURCH, AS REQUIRED BY STATE OF FLORIDA WETLAND DETERMINATION
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PLACEMENT: Consent
TITLE:
title
REQUEST FOR RELEASE OF A PRESERVE AREA AND ASSOCIATED PRESERVE AREA MANAGEMENT PLAN FOR GRACE PLACE CHURCH, AS REQUIRED BY STATE OF FLORIDA WETLAND DETERMINATION
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EXECUTIVE SUMMARY:
executive summary
Request to release the existing preserve area under an approved Preserve Area Management Plan (PAMP) that was issued in 2005. Pursuant to Section 4.36.C, Land Development Regulations (LDR), Martin County Code, any alteration to the size, shape, or design of a previously approved preserve area shall be approved by the Board of County Commissioners.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Shawn McCarthy
Title: Principal Planner
REQUESTED BY: The Grace Place Inc.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In March 2005, a Final Site Plan and PAMP was approved with the Development Order issued for the Grace Place Church. A PAMP was required for the 0.64-acre wetland that was delineated and permitted by the South Florida Water Management District (SFWMD) with a conservation easement at that time. In 2006, the SFWMD (Permit 43-01269-P, Application 061106-28) officially reclassified the 0.64-acre wetland as "other surface water" (OSW) in accordance with Chapter 40E-4.021, Florida Administrative Code. With this reclassification by the state, the 0.64-acre area is no longer defined as a wetland under Florida Statutes.
In Martin County, wetlands are protected pursuant to Chapter 9 of the Comprehensive Growth Management Plan and Article 4, Division 1 of the Land Development Regulations. County regulations require that the state unified wetland delineation will determine the final jurisdictional location and extent of wetlands, and all wetlands delineated pursuant to Florida Statutes shall be protected, regardless of size. Since this area is no longer classified as a wetland, county regulations no longer require protection and preservation of the 0.64-acre OSW on this property. Therefore, a PAMP is longer necessary to protect this area. The Grace Place Church has applied for an administrative amendment to revise their approved site plan and seeks this PAMP amendment as part of that process and site plan change.
ISSUES:
Pursuant to Section 4.36.C, LDR, Martin County Code, addressing alteration of preserve areas: "There shall not be any alteration of the size, shape, or design of a previously approved preserve area without approval by the Board of County Commissioners. An applicant shall make a written request for alteration of a preserve area including the reason for the request and the extent of the alteration. The Growth Management Department Director shall make a recommendation to the BCC regarding the need for the change and the restoration or enhancement necessary to compensate for the alteration. Amendments to a PAMP or alteration of a preserve area must meet all the requirements of the original PAMP."
Summary of the requirements to amend a Preserve Area:
1. Approval by the Board of County Commissioners (BCC).
2. Written request by the applicant explaining the reason for change and extent of change.
Based on the official documentation by the South Florida Water Management District (SFWMD) that reclassified the 0.64-acre wetland to "other surface water", the applicant is requesting to remove protection of this area as a preserve by vacating the existing PAMP. There are no other preserve areas under the existing PAMP on this property, so vacating the PAMP will only remove protection over the 0.64-acre area and associated 50-foot buffer.
3. Growth Management Department Director recommendation to BCC regarding need for change and required compensation for alteration.
This proposed PAMP amendment has been reviewed by the Environmental Staff and the Director of the Growth Management Department and has been approved as meeting the applicable requirements of all Martin County Code, including the Land Development Regulations and Comprehensive Growth Management Plan. The applicant has provided a need for the change as required by the Land Development Regulations. Therefore, the Growth Management Department Director recommends approval of the PAMP amendment by the BCC.
4. Amended preserve must meet all the requirements of the original PAMP.
The original PAMP required the protection of wetlands as defined in County regulations and State Statutes, as delineated by the state. Pursuant to the SFWMD determination and reclassification, there are no longer wetlands located on the property; therefore, the alteration of the preserve area meets the county's requirements for wetland protection. As requested, the wetland preserve area will be removed from the property, and no preserve areas will exist if this amendment is approved.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Resolution authorizing the release of the PAMP.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
?Budget Transfer / Amendment ? Chair Letter ?Contract / Agreement
?Grant / Application ?Notice ?Ordinance ?Resolution
?Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback.
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