City of Maitland
FL

Decision Item

Ordinance - Wetlands Protection

Information

Department:Public WorksSponsors:
Category:Public Hearing

Attachments

  1. Printout
  2. WPO Revised 042417

Financial Impact

N/A

Meeting History

Apr 24, 2017 6:30 PM Media City Council Regular Meeting

The City Clerk read, by title, an ordinance of the City of Maitland, Florida, amending Chapter 8, Article IV of the Code of Ordinances of the City of Maitland; providing for the protection of wetlands; providing for the delineation of wetland protection zones; regulating development activities occurring within wetland protection zones; providing for mitigation of adverse impacts to wetlands; providing for enforcement and appeals of administrative decisions; providing for codification, severability, conflicts, and an effective date.

Mr. Rick Lemke, Public Works Director, stated that in December of 2016 the Lakes Advisory Board recommended that Council adopt a wetlands protection ordinance. Two versions of the ordinance were drafted by the City Attorney's Office, providing Council with Option A and Option B. On January 9, 2017, City Council unanimously selected Option A. Following additional review by the Lakes Advisory Board, on April 6, 2017, the Planning and Zoning Commission (P&Z) reviewed the ordinance. At that time, P&Z made minor changes to the ordinance and recommended that it be forwarded to City Council for approval. The Public Works Director reviewed the corrected copy of the ordinance with Council; noting and explaining the changes that were made by P&Z. He stated there needs to be some clarification regarding the exemption for single-family dwellings so that City Council's true intent is clear. He noted that there is an application process and staff anticipates an application fee of $100 based upon estimated staff time to review and complete the administrative processes of the application. He further noted that additional questions have been raised regarding some of the language within the ordinance. He provided clarification of those concerns to include new language/changes where applicable.

The City Attorney stated that if Council chooses to go with an exemption for single-family dwellings, the correction will be to place a "period" before "ii" after the sentence for "i" (lines 129-132) of the draft ordinance. He further explained that a single-family dwelling will be exempt from needing a City of Maitland Wetland Alteration Permit, if the lot is a buildable lot; noting that the property owners we still be required to meet setbacks and the city's other codes.

Mayor McDonald opened the public comment period.

Mr. Glen Jaffee, 391 West Trotters Dr., spoke on this item and concluded with, “just remove the reference to on-site mitigation (line 217) and say in-Maitland mitigation.”

Mr. Marc Walch, Lakes Advisory Board Vice Chairman, 430 N. Lake Sybelia Dr., stated that Option A and Option B are really steps one and two in the process; however, the city is not ready for step two - creating a wetlands trust fund and a mitigation bank. He stated that, using GIS (Geographic Information System) Technology to identify how many wetlands we potentially could be protecting or restoring within the city might help us to get to step 2 (Option B). He stated that, in an earlier conversation, Mr. Jaffe pointed out that Option A restricts the mitigation to individual property owners. He stated that was not the original intent (of the ordinance) and noted that a wetlands management plan could identify off-site mitigation within the city which may resolve an issue in a project that might be developed. Additionally, establishing a trust fund may resolve the issue of not being able to mitigate a problem on your own property unless you have a big enough piece of property. He further added that the Lakes Advisory Board can hopefully come back, later this year, with an update to the ordinance; establishing a trust fund and flushing out anything that may have been missed.

Mr. Vance Guthrie, 1504 Druid Isle Rd., spoke in favor of the wetlands protection ordinance.

There being no one else who wished to be heard, Mayor McDonald closed the public comment period.

The Public Works Director stated that staff is currently reviewing a proposal from Amec Foster Wheeler regarding a GIS inventory of the wetlands, fees and mitigations banks within other communities, etc.

The City Manager clarified that the ordinance is being introduced tonight and that Council will be setting a Public Hearing; therefore, staff can look at any alternative language or options as long as it doesn't change the title of the ordinance.

After discussion, a motion was made to introduce an ordinance on first reading amending Chapter 8 Article IV of the Code of Ordinances of the City of Maitland providing for protection of wetlands; set the Public Hearing for May 8, 2017; as written with the suggestions that Mr. Lemke provided grammatically and line 129 will read in its entirety Subsection 7 "construction or alteration of a single-family dwelling". A friendly amendment was offered by Councilman Thomas to include an exemption for city recreation projects. The friendly amendment was not accepted by the original seconder (Goff-Marcil) but was accepted by the Mayor.

RESULT:INTRODUCED [3 TO 2]Next: 5/8/2017 6:30 PM
MOVER:John P. Lowndes, Councilman
SECONDER:Dale McDonald, Mayor
AYES:Dale McDonald, John P. Lowndes, Mike Thomas
NAYS:Bev Reponen, Joy M. Goff-Marcil
May 8, 2017 6:30 PM Media City Council Regular Meeting

The City Clerk, read by title, an Ordinance of the City of Maitland, Florida, amending Chapter 8, Article IV of the Code of Ordinances of the City of Maitland; providing for the protection of wetlands; providing for the delineation of wetland protection zones; regulating development activities occurring within wetland protection zones; providing for mitigation of adverse impacts to wetlands; providing for enforcement and appeals of administrative decisions; providing for codification, severability, conflicts, and an effective date.

The City Manager stated the wetlands ordinance started at the Lakes Advisory Board (LAB) and that LAB brought the ordinance back to City Council several times for guidance. Once LAB received approval from Council to move forward, the ordinance was presented to the Planning & Zoning Commission (P&Z). On April 24, 2017, the ordinance came back to Council for its first reading. Following that meeting, recommended changes were made and the updated ordinance was provided to Council in the Council Agenda Packet. Tonight is the Public Hearing for the ordinance. She reviewed changes recommended by Councilman Lowndes. She also stated that there were two items, Lines 131 and 132, regarding the exemption of single-family dwellings and the exemption of City projects that Councilwoman Reponen wanted to further discuss. The City Manager stated these are two separate issues and that the exemption of the construction or alteration of single-family dwellings actually came from City Council as they felt it would not be feasible for single-family dwellings to comply with and were concerned with how much it would add to an alteration of a home. With that, Council sent the ordinance back to LAB for review and, upon review, LAB recommended to Council that single-family dwellings be included in the exemptions. She stated, they (single family dwellings) will still need to comply with the Shoreline Alteration Permit and, if they touch wetlands, the St. Johns River Water Management District (SJRWMD). She stated that, overall this ordinance has to do with development and the City is not going to develop something in the wetlands; putting in a trail is not what she would consider development. She further added, the City would still be required to go through SJRWMD for approval but, if done right, it would have very little impact; therefore, she does not believe SJRWMD would require much of the City. She reminded Council that this ordinance started as an ordinance regarding development, how developments were happening, and how they were impacting the wetlands. It did not rise out of anything the City had personally done to the wetlands.

Mayor McDonald opened the Public Hearing.

Mr. Marc Walch, Lakes Advisory Board Vice Chair, 430 N. Lake Sybelia Dr., recommended that "Wetlands Management Plan" be capitalized throughout the ordinance stating the plan is going to be a substantial and an important document. He stated that the City and single family exemptions are really policy issues not Lakes Advisory Board issues; adding however, he personally objects to city buildings in the wetlands. Additionally, due of the absence of Option B at this time, he suggested language that would allow a developer to mitigate outside his own property, within the City of Maitland, if the developer did not have the ability to mitigate on his own property.

Mr. Glen Jaffee, 391 West Trotters Dr., stated that the problem is we don't have enough wetlands and suggested Council consider extending the wetland protection zone boundary out more than 25 feet (suggesting 500 feet). Additionally he stated: he believes there needs to be more discussion; remove the statement regarding mitigation on site; residential homes need to be included because they are the worst violators of what runs into our lakes; we need other things to protect our lakes - upstream at our flood plain; and, as a property owner, this is an issue for him; therefore, visit the language regarding the mitigation bank and elaborate on it so that people will buy into the bank because we need wetlands throughout the City.

Mr. Vance Guthrie, 1504 Druid Isle Rd., suggested the City revisit establishing a permit regarding what can be sprayed (on lawns) as phosphorus and fertilizers run-off in the lake(s).

Mrs. Ellen Schellhause, 1000 Winderley Pl., stated she believes there are Council members saying the same thing but not hearing one another and that there needs to be better language on Line 132.

There being no one else who wished to be heard, Mayor McDonald closed the Public Hearing.

After discussion, a motion was made by Councilwoman Reponen to move to adopt Ordinance #1317 on second reading amending Chapter 8, Article IV of the Code of Ordinances of the City of Maitland; providing for the protection of wetlands. and include the following changes: Capitalize “Wetlands Management Plan” throughout the document; Line 132 - strike the word "building" and "or"; Line 126 "agency” rather than “government”; Line 137 add "authorizing such action"; Line 167 add “federal and” before “state”; and, Line 207 remove the "e" from “therefore". The motion received a second from Councilwoman Goff-Marcil. The Clerk called the roll: Goff-Marcil - aye; Lowndes - nay; Reponen - aye; Thomas - nay; and, McDonald - nay. Motion Failed.

A second motion was made to move to adopt Ordinance #1317 on second reading amending Chapter 8, Article IV of the Code of Ordinances of the City of Maitland; providing for the protection of wetlands and include the following changes: Capitalize “Wetlands Management Plan” throughout the document; Line 126 "agency” rather than “government”; Line 137 add "authorizing such action"; Line 167 add “federal and” before “state”; and, Line 207 remove the "e" from “therefore".

The motion was seconded and a friendly amendment was offered by Councilman Lowndes to change Line 132 to read “City maintenance, and projects allowing access to, on, or through wetland protection zones or wetlands including walkways, boardwalks, and trails.” The friendly amendment was accepted.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Mike Thomas, Councilman
SECONDER:John P. Lowndes, Councilman
AYES:Dale McDonald, Joy M. Goff-Marcil, John P. Lowndes, Bev Reponen, Mike Thomas

Discussion