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Documents 06/18-19/2002 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JUNE 18, 2002 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 18, 2002 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF 1 June 18, 2002 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. AGENDA Ae COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP) AMENDMENTS AS A RESULT OF THE RURAL AND AGRICULTURAL ASSESSMENT FOR THE RURAL FRINGE AREA - APPLICABLE TO THE UNINCORPORATED AREA OF COLLIER COUNTY, EXCEPT THE EASTERN LANDS PORTION OF THE ASSESSMENT AREA (ADOPTION HEARING). Continued to June 19, 2002 after the LDC Hearing; Ord. 2002-32 Adopted with changes 5/0 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 June 18, 2002 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement X Other: See Attached (Display Adv., location, etc.) Person: Marcia R. Kendall Date: May 31, 2002 Originating Dept/Div: Comm. Dev. Serv./Planning Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing date: June 18, 2002 Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: N/A Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 111-138317-649110 Reviewed by: '~ Approved by: Division Head Date County Manager Date List Attachments: Ad Instruction and Map DISTRIBUTION INSTRUCTIONS Based on advertisement appearing 10 and 5 days before hearing. Ae For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ~ ' Date Received: ~///f~- Date of Public hearing: May 31,2002 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Attn' Pam Perrell June 18, 2002 BCC Public Hearing Advertisin.q Requirements Please publish the following Advertisement and Map on Friday, June 7, 2002 and Wednesday, June 12, 2002 and furnish proof of publication to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement should be a "Full Page Advertisement". The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. NOTICE OF PUBLIC HEARING Notice is hereby given that on June 18, 2002 at 5:05 P.M. in the Board of County Commissioners meeting room, 3rd floor of the Harmon W. Turner Building, County Government Center, 3301 E. Tamiami Trail, Naples, Florida, the Board of County Commissioners propose to adopt the following Ordinance for adoption to the State of Florida Department of Community Affairs for preliminary review and comment: AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY: AMENDING THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE PROTECTION, PRESERVATION AND CONSERVATION OF NATURAL RESOURCES FOR THE ENTIRE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, INCLUDING THE URBAN DESIGNATED AREA; AND TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRIGULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324GM); BY PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESMENT AREA. [MAP] All interested parties are invited to appear and be heard. A copy of the Resolution is available for inspection at the Community Development and Environmental Services Division located at 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section (239-403-2300). Written comments filed with the Comprehensive Planning Section prior to June 18, 2002, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellie Hoffman, Deputy Clerk (SEAL) Assessment Areas CRE NRPA Lee County US 41 and CR 29 Insert 8 27 Everglades c~y North Belle Meade Assessment Areas ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY: AMENDING THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE PROTECTION, PRESERVATION AND CONSERVATION OF NATURAL RESOURCES FOR THE ENTIRE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, INCLUDING THE URBAN DESIGNATED AREA; AND TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRIGULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324GM); BY PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESMENT AREA. Whereas, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and Whereas, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and Whereas, on December 24, 1997 the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find the County's EAR-based amendments, and to find certain of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance as defined by Section 163.3184(1)(b), Florida Statutes; and Whereas, following a hearing the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and Whereas, the Administration Commission on June 22, 1999 found the EAR-based amendments not in compliance and entered a Final Order directing Collier County to perform a 3 year Rural and Agricultural Assessment of the Growth Management Plan to identify measures to protect agricultural areas, direct incompatible land uses away from wetlands and upland habitat and assess the growth potential of the area; and Whereas, the Final Order provides that the County may conduct the Assessment in phases; and Whereas, the County has divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area; and Whereas, on August 3 and September 14, 1999 the BCC created the Rural Fringe Area Oversight Committee (RFAC) to assist in the assessment of the area of the County commonly referred to as the Rural Fringe Area; and Whereas, the RFAC, with the collaboration of the public, and county planning and environmental staff have completed the Assessment for the Rural Fringe Area and have developed amendments to the County's Growth Management Plan; and Whereas, the Collier County Planning Commission has considered the proposed Rural Fringe Assessment Area Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said Rural Fringe Assessment Area Amendments to the Board of County Commissioners; and Whereas, upon receipt of Collier County's proposed Rural Fringe Assessment Area Amendments, the DCA will review the Rural Fringe Assessment Area Amendments as set forth in Section 163.3184, Flodda Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map and Map series, the Conservation and Coastal Management Element, and the Potable Water and Sanitary Sewer Subelements of the Public Facilities Element of the Collier County Growth Management Plan attached hereto and incorporated by reference herein as Exhibit A. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: Marj~i~.J~l. Student, Assistant County Attorney BY: JAMES N. COLETTA, Chairman 3 FAX TO: Pam Perrell LOCATION: Naples Dally News FAX NO: (941) 263-4703 COMMENTS: Please advertise the full page notice and display ad as indicated. The map with this ad is the Rural Fringe Assessment Areas that Maureen spoke with you about on Friday. Thanks,. Pam!! FROM: LOCATION: FAX NO: Ellie Hoffman COLLIER COUNTY COURTHOUSE (941) 774-8408 PHONE NO: (941) 774-8406 DATE SENT: Monday, June 03, 2002 TIME SENT: 11:22:56 AM # OF PAGES: 4 Ellie J. Hoffman To: Subject: paperrell@naplesnews.com Full Page Display Ad Hi Pam, I am forwarding Marcia's e-mail notices. If any problems, please call me. Thank you. Ellie June 18 full page.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, June 03, 2002 11:50 AM Ellie J. Hoffman Delivered: Full Page Display Ad FullPageDisplayAd <<Full Page Display Ad>> Your message To: 'paperrell@naplesnews.com' Subject: Full Page Display Ad Sent: Mort, 3 Jun 2002 12:01:14 -0400 was delivered to the following recipient(s): Perrell, Pamela on Mon, 3 Jun 2002 11:49:51 -0400 · NAPLES DAILY NEWS Pubhshed Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 2 time(s) in the issue on June 7,12, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This ~[,3th day of JunE,. 2002 /(Signature of notary public) Donna Chesney ~. ~lr . My CommiSSion DD056336 oF ~ Expires September 11, 2005 ~Taplea lhilll ~ema Wednesday, June 12, 2002 ~..,~uc~o~,c,~ ~.c~o~,~. '. .~-~~.. ~.c.~o~,c~: ' ~c~o~,c .. ~.c~o~,~. NOTICE '0F' ' '; ' 'PUBLIC? ~otice. is hereby given ~that 'on 'dune '~18, 2002. at 5:05' P.M. < in :'the Board 'of/Oo~n~ ~.~omm~ssio~e~ meeting room, 3~ floor~of the Harmon W.' Tumer* Building, ,Count' ~ ~ove~mem. ~enter, 3301 E.' Tamiami Trail, Naples,' Florida, the '~BOard of~;'~Ooun ~om~ms~o~e~ropos~ to adopt the following Ordinance for adoption to the 8 te of Flofi d~ ...... epa~mem cT ~ommum~ Affmm for prehmma~ review and comment: * ',~.:, ~?, .~.~,~,? ~.~. ~:'..:~ N ORDINANCE AMENDING ORDINANCE NO.'89-05, AS AMENDED,"'THE:OOLLIER ?j? COUN~ ~"~nO~H .~ANA~EN~ P~N FCa rile UN~NCOnPO~r~.*.,An~ ,- OF ~j/OOLLIER ;COUNt, FLORIDA,~ BY.~ AMENDING THE FUTURE ~ND USE ELEME . :-FUTUR~ND-USE MAP'AND RE~TED MAPS.~THE R~nVATIn~'~n'~n~TA~' ~:~:.~ ., . .~ , .~. CON .....~,.~.. ~,._ ~~,~ ~,.,: MANAGEMENT ~, ELEMENT ~.' AND"~ THE POTABLE ';'WATER · AND ''~' SANITARY:;'; ?SEWER ~F.S~E_LEMENTS :OF THE '-' PUBLIC' ~* FAClLITIES ELEMENT ' OF ~' THE COLLIER':'C~- .... :.~; GRO~H MANAGEMENT P~N TO ESTABLISH D~EL~MENT REGU~TIONS FOR THE ~:. PROTECTION,, PRESERVATION -:~AND CONSERVATION OF NATU~L RESOURCES FOR ~j:~:THE ENTIRE UNINOORPO~TED.;AR~OF COLLIER COUNt, FLORIDA,~"INOLUDING ~'~.~;.THE' URBAN DESIGNATED AR~;'AND'TO ESTABLISH DEVELOPMENT REGU~TIONS ~;~:~FOR' THE RU~L' :' FRINGE ASSESSMENT~ AR~ PORTION~ OF THE r RU~L '~AND ?~AGRIGULTU~L ASSESSMENT-L AR~ INoLuDING CERTAIN OF:' THE ;:" NATU~L :',''RESOURCE PROTECTION AR~S'LOCATED WITHIN THIS'RU~L FRINGE ASSESSMENT ~R~ ALL TO IMPLEMENTTHWFINAL ORDER OF THE ADMINIST~TION COMMISSION .;'L NTERED ON JUNE 22,'i 9gg IN CASE NO.' ACC 9g'02 (DOAH CASE NO. gS'0324GM);' BY '::PROVIDING FOR SEVE~BILI~ AND EFFECTIVE DATE. THESE AMENDMENTS DO NOT 'INVOLVE THE EASTERN LANDS PORTION OF ASSESMENT AREA. · THE RURAL AND ~' AGRICULTURAL Rural Fring 2 E I ~27 E IR28 E Assessment ['~ Assessmer F--'-] Assessment Areas ~11 ~pteres~d pa~es~re ~nv~t~d to appear and be heard. A cop of the Resoluti · · lOr inspection at the Uomm--n,~, m=..~, ..... . __~. . ~ .... on ~s available ~., ,. . _ . _. ..,~,,,.x ~u~H[ anti ~nvlronmontal ~e~lces Division ~uu ~; ~om~no~ urw~, ~apl~,. Ronda, b~/w~n th~ houm of 8:00 ~M. ~:00 ~.M., Monda~ through Friday. ~nu nu~h~'~-~-~-- ~- ~ ..... ~ and . . f w v,,~ .F~ La~uy LOmese aocu · the Comprehensive Planmn~. ~,~- to~ ~o ~.. .... men~s snould be directed to Comprehensive Planninn Se;~~j;Z'.',J'~?Z?~=~5 W~{~en comments'fil~d :with. the public hearing. ~ ~.,~,, ~.,u.-[u ou~ ] o, zuuz, wH~ De mad and conmdemd at the If a person decides to a eal ' · · ' .' ' ' with respect to any matPtePr ,.,,a-n~Y.~.e-c~s~,n_.m._a~ _e by.t. he ColherCoun. ty Planning~Commission ., .... , ~,,,,o,u,,,~u ~ ~ucn meeting or hearin ne ' [nat proceecl~n and for . . .... . .. g; w~ll need a record of ...... .~.. .... g, _ .s.u.ch purP0s.e he may need to ensure ~nat a verbatim r p,u~umgs is macfe wnlc _, .. . ecord of the appeal is to be base ' n record ~ncludes the teshmony and ewoence upon which the d. ' ~ ' · ' i'.' -~.:i:= · ' · -~- ~ : BOARD OF COUNTY COMMISSIC)N"R-e~'_, --- ~.' ~~ COLLIER COUNTY, FLORIDA~' ;.~ ~ ~ ~ JAMES N. COLETrA, CHAIRMAN '~ DWIGH..T.E. BROCK, CLERK "'". "' ~ ~ By:/s/Elhe Hoffman, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement (Display Adv., location, etc.) X Other: See Attached ********************************************************************************************************** Originating DepffDiv: Comm. Dev. Serv./Planning Person: Marcia R. Kendall Date: May 31,2002 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing date: June 18, 2002 Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: N/A Based on advertisement appearing 10 and 5 days before hearing. [] Legally Required Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 111-138317-649110 Approved by: Division Head .~- Date County Manager Date List Attachments: Ad Instruction and Map DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: May 31,2002 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Attn: Pam Perrell June 18, 2002 BCC Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, June 7, 2002 and Wednesday, June 12, 2002 and furnish proof of publication to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement should be no less than one- quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on Tuesda. y, June 18, 2002 at 5:05 P.M. in the Board of County Commissioners Meeting Room, 3re Floor, Harmon W. Turner Building, County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The purpose of the hearing is to comply with directives contained in the Administration Commission's Final Order dated June 22, 1999, ACC-99-02 (DOAH Case No. 98- 0324GM) by considering a recommendation for adoption of an Ordinance to the Board of County Commissioners, with the following title: AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY: AMENDING THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE PROTECTION, PRESERVATION AND CONSERVATION OF NATURAL RESOURCES FOR THE ENTIRE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, INCLUDING THE URBAN DESIGNATED AREA; AND TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRIGULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324GM); BY PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESMENT AREA. All interested parties are invited to appear and be heard. A copy of the Resolution is available for inspection at the Community Development and Environmental Services Division located at 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section (239-403-2300). Written comments filed with the Comprehensive Planning Section prior to June 18, 2002, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellie Hoffman, Deputy Clerk (SEAL) I T48S I T47S I T485 I T4SS I TSOS I T51S I T52S I T53S I 0 U .Z.J. NROO ABON3H AJ.N~OD 339 ,L,LN~O0 O~IYMOB8 B;~ -'a'$ o:r · M¢~c~,c° k. LNi~O0 3OY{3 O(:3 FAX TO: LOCATION: Pam Perrell Naples Dally News FAX NO: (941 ) 263-4703 COMMENTS: Please advertise the 1/4 page notice and display ad as indicated. Thanks, Pam!! FROM: Ellie Hoffman LOCATION: COLLIER COUNTY COURTHOUSE FAX NO: (941) 774-8408 PHONE NO: (941) 774-8406 DATE SENT: Monday, June 03, 2002 TIME SENT: 11:16:57 AM # OF PAGES: Ellie J. Hoffman To: Subject: paperrell@naplesnews.com June 18 quarter page ad Hi again, Here is Marcia's quarter page ad. Please advertise as per the attached. I will send you this map via fax. Thanks, Pam. Ellie June 18 quarter page.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, June 03, 2002 12:00 PM Ellie J. Hoffman Delivered: June 18 quarter page ad 3unel8qua~er page ad <<June 18 quarter page ad>> Your message To: 'paperrell@naplesnews.com' Subject: June 18 quarter page ad Sent: Mort, 3 Jun 2002 12:11:11 -0400 was delivered to the following recipient(s): Perrell, Pamela on Mon, 3 Jun 2002 11:59:46 -0400 was published in said on June 7,12, 200; NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit ( Before the undersigne, appeared B. Lami serve as the Assistar~ a daily newspaper p Florida; distributed ii the attached copy of PUBLIC NOTICE m the matter of PUB Affiant further says that published at Naples, in sa newspaper has heretofore County, Florida; distribut each day and has been en' office in Naples, in said year next preceding the advertisement; and promised any person, f commission or refund for publication in the said nex' ( Sign~ture of affiant Sworn to and subscr Thjls/~3th day of ! (Signature of notary public) ~.i~' Donna Chesney %?; ~ My Comr~ission DD05~33S o~ ~.d~ Expires September 11,2005 j---RECEIVED ORDINANCE NO. 02- 32 AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY: AMENDING THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE PROTECTION, PRESERVATION AND CONSERVATION OF NATURAL RESOURCES FOR THE ENTIRE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, INCLUDING THE URBAN DESIGNATED AREA; AND TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRIGULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION ENTERED ON JUNE 22,.1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324GM); BY PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESMENT AREA. Whereas, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and Whereas, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and Whereas, on December 24, 1997 the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find the County's EAR-based amendments, and to find certain of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance as defined by Section 163.3184(1)(b), Florida Statutes; and Whereas, following a hearing the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and Whereas, the Administration Commission on June 22, 1999 found the EAR-based amendments not in compliance and entered a Final Order directing Collier County to perform a 3 year Rural and Agricultural Assessment of the Growth Management Plan to identify measures to protect agricultural areas, direct incompatible land uses away from wetlands and upland habitat and assess the growth potential of the area; and Whereas, the Final Order provides that the County may conduct the Assessment in phases; and Whereas, the County has divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area; and Whereas, on August 3 and September 14, 1999 the BCC created the Rural Fringe Area Oversight Committee (RFAC) to assist in the assessment of the area of the County commonly referred to as the Rural Fringe Area; and Whereas, the RFAC, with the collaboration of the public, and county planning and environmental staff have completed the Assessment for the Rural Fringe Area and have developed amendments to the County's Growth Management Plan; and Whereas, the Collier County Planning Commission has considered the proposed Rural Fringe Assessment Area Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said Rural Fringe Assessment Area Amendments to the Board of County Commissioners; and Whereas, upon receipt of Collier County's proposed Rural Fringe Assessment Area Amendments, the DCA will review the Rural Fringe Assessment Area Amendments as set forth in Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map and Map series, the Conservation and Coastal Management Element, and the Potable Water and Sanitary Sewer Subelements of the Public Facilities Element of the Collier County Growth Management Plan attached hereto and incorporated by reference herein as Exhibit A. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this/~7~::~ day of D~H~--E?BBo;~, CLERK :; ,~", :h ,,,:,,' -,,¢. Approved as to form and legal su~ciency: Marj~i~. Student, Assistant County Attorney ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAME~ N. COLETTA, Chairman STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2002-32 Which was adopted by the Board of County Commissioners on the 19th day of June, 2002, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2002. DWIGHT E. , Clerk of CourtS' ~d' zx-o c o to: By: Ellie Hof fman, Deputy clerk COLLIER COUNTY ADOPTION OF GROWTH MANAGEMENT PLAN AMENDMENTS AS a Result of The RURAL FRINGE AGRICULTURAL ASSESSMENT Affecting All of Collier County EXCEPT the Eastern Lands BCC June 18, 2002 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol (11) (lU) (IV) (v) Date Amended May 9, 2000 May 9, 2000 May 9, 2000 May 9, 2000 May 9, 2000 December 12, 2000 March 13, 2001 March 13, 2001 Ordinance No. Ordinance No. 2000-25 Ordinance No. 2000-26 Ordinance No. 2000-27 Ordinance No. 2000-30 Ordinance No. 2000-33 Ordinance No. 2000-87 Ordinance No. 2001-11 Ordinance No. 2001-12 Note: Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal Management Element (Ord. No. 97-66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97-67); and re-adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Indicates adopted portions The support document will be updated as current information becomes available. Scrivener's Ordinance correcting omissions on Flue Map Plan Amendment CP-2000-3,4,5,7 & 11 by Ordinance No. 2001-12 on March 13, 2001 Text with single underline or single xtri!rcthrc:~h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 1 of 81 SUMMARY OVERVIEW A. B. C. TABLE OF CONTENTS PURPOSE BASIS UNDERLYING CONCEPTS Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attainment of High Quality Urban Design Improved Efficiency and Effectiveness in the Land Use Regulatory Process Protection of Private Property Rights SPECIAL ISSUES Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights FUTURE LAND USE MAP Page 3-65-9 7--9-11 II. *IMPLEMENTATION STRATEGY * GOALS, OBJECTIVES AND POLICIES * FUTURE LAND USE DESIGNATION DESCRIPTION SECTION Urban Designation Density Rating System Agricultural/Rural Designation Estates Designation Conservation Designation Overlays and Special Features * FUTURE LAND USE MAP SERIES *Future Land Use Map *Mixed Use & Interchange Activity Centers *Properties Consistent by Policy (5.9, 5.10, 5.11 ) *Natural Resources - Wetlands (I)* Wellhead Protection Areas (IV)* Bayshore/Gateway Triangle Redevelopment Overlay Map Support Document: Public Facilities Natural Resources - Waterwells, Cones of Influence River, Bays, Lakes, Floodplains, Harbors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) Soils II1. SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) 4 f~_4 ~4 "~_Oft -1-7-4-1-21-59 44 60 Text with single underline or single ~tri!cothrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i.~zt!:rc::Z,!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 2 of 81 SUMMARY The Future Land Use Element includes three major sections: Overview, Implementation Strategy, And Land Use Data and Analysis. The Overview simply provides an introduction as to the purpose, basis, underlying concepts and special issues addressed by the Element. The Implementation Strategy is where the Element is brought into effect. Included are the Goals, Objectives, Policies and Future Land Use Map. The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, Florida Administrative Code, minimum requirements for the Future Land Use Element. Text with single_ underline or single ~trikc:hrc:;~,!: reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on .June 19, 2002. Page 3 of 81 I. OVERVIEW A. PURPOSE The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for: protection and management of natural resourcescpublic facilities;_;_ coastal and rural development;; and, housing and urban community character and design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose of the Future Land Use Element is to guide decision-making by Collier County on regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a strategy for provision of public facilities as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan, and with the strate.qies to protect and conserve natural resources as found in the Conservation and Coastal Manaqement Element. B. BASIS :l'his Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strate.qy for the protection of natural resources and a.qri-business in the Rural Frin.qe Mixed Use Districtwac~t=m Sccc~d:r'/Scndi~,q Lc~dc, by employin.q various re.qulations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of a.qri-business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and content of the Element. Finally, major contributions to this Element have been provided by the public through the followinq: · Collier County Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, · The Rural Frin.qe Area Oversiqht and Eastern Lands Area Oversiqht Committees; Text with single underline or single ctri!ccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 4 of 81 · The Environmental Advisory Council; · Tthe Collier County Planning Commission, which is the local planning agency,;, and, · ~)ther groups and individuals, through both written and verbal input, at, or as a result of, hundreds of duly advertised public workshops and meetings. C. UNDERLYING CONCEPTS The land use strategy established by this Element is based on a series of concepts, which emerge from the foundation cited earlier. The policy direction and implementation mechanisms closely relate to these underlying concepts. Protection of Natural Resource Systems Collier County is situated in aw unique, sensitive and intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna, ncluding many species that are Federally and/or State listed, warrantin.q special protection; extensive and highly productive estuarine systems; and~ many miles of sandy beach. In addition to their habitat value, :Fthese natural resources perform functions which that are vital to the health, safety and welfare of the human population of the County, and serve as a powerful magnet to attract and retain visitors and residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is management of natural resources on a system-wide basis. The Future ILand Use Element is designed to protect and manage natural resource systems in several ways=: · Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. · Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations (LDRs), land a!teratlcn and construct!on development is guided to the portions of the property that is of lesser environmental quality, ~ ~feve~a~, thus, in effect, constitutinq an on-site transfer or clusterinq of development rights. Alsc, a · A broader "off-site" Transfer of Development Rights (TDR) provision~ set forth in this Element and primarily applicable to the Rural Frinqe Mixed Use District ~ ~ .,~,,~ r~ .... , ..... * Regulations is a key component of the County's overall strateqy to direct incompatible land and uses away from important natural resources, including large connected wetland systems and listed species and their habitat. · An Area of Critical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. Text with single underline or single xtri,tcct?c'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 5 of 81 The County has designated several interim Natural Resource Protection Area (NRPA) overlays as permanent NRPAs, which are intended to maintain the connection between, and the preservation of, large connected wetland systems and critical habitat areas for listed species by allowing very limited land uses and through hi.qh native ve.qetation preservation standards and buffers from adiacent land uses. These permanent NRPA overlay areas are primarily located within the Rural Frinqe Mixed Use District where these iar.qe connected wetlands systems and habitat areas occur. The County's Land Development Regulations provide standards tor protection of groundwater, particularly in close vicinity to public water supply wells as-e~f~a~m.d by implementing policies set forth in the Natural Groundwater Aquifer Recharge Element. Natural resources are also protected through close spatial and temporal coordination of land development with the availability of adequate infrastructure (public or private facilities) to ensure optimized accommodation of human impacts, particularly in relation to water supply, sewa.qe treatment, and manaqement of solid waste. This coordination is accomplished throu.qh the provision of public facilities as detailed in the Capital Improvements and Public Facility Elements and through the Level of Service Standards (LOS) found herein. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural discharge to estuaries. The watershed management plans will have implications for both water management and land use practices. Coordination of Land Use and Public Facilities At the heart of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through L-evel-ef Se~ LOS Sstandards. The [eve~Sep,~=~ LOS Sstandards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding Lcvol of Sot:ice LOS Sstandards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvements and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the Sstandards serve to assure the availability of adequate facilities=whether public or private. Text with single underline or single xtrikcthrc',~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune I9, 2002. Page 6 of 81 The Urban Service Area concept manifested in this Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are primarily concentrated for the provision of roads, water supply, sewage treatment and water management. ~ Never-the-less, facilities and services such as parks, g ......... ~.v,, ,,, ,v, ,.* ~'~,,~,,'''~'''' °,~, schools, ,,,'-"'~,~ emergency and other essential services, and improvements to the existing road network~,~ ..... ~-, ,,,.~, ,,J;~'"'"' ,w~.~"'"~*"'~ '"'~*~'~"..,., ,,,, ~v,~'~'3",, D,---~,-,,.-*--,~ ^ .... are anticipated Ooutside of the Urban Designated Areas, primarily within the areas known as North Golden Gate Estates and the Rural Fringe Mixed Use District. In the case of designated Receiving Lands within the Rural Frinqe Mixed Use District, in order to protect natural resources and private property rights, extension of central sewer and water is permitted in order to: support the TDR program; allow for maximum utilization of clusterinq of allowable residential density; foster the development of rural villages; and, as an incentive to encourage the use of other innovative planning techniques, cr,!y Ic';;er inte,",sltt,' !ar, d ute is perm!sclb!e, "".,,~'~ ~, ~.. ~, ......... ,v__~,~o ~,,~,-,~ ~-- ,~..~,, ...... ,~.~,, .... , ,-,'~, .... .. ~.~,*~,- m~nagement lc p ................... no, or ':er; !imlted, centre! ,:;cter and sewer. It is important that the Urban Designated Area not be so large that public facilities cannot be efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely limited with resultant lack of site selection options and competition leading to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. Management of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt-water inundation from tropical storms or hurricanes. It is extremely important that an acceptable balance between at-risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. This issue is addressed here and in the Conservation and Coastal Management Element through several measures. A Coastal Management Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal Management Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patterns of density. A Coastal High Hazard Area is identified in Conservation and Coastal Management Element and policies are provided. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Text with single underline or single strlkcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 7 of 81 Provision of Adequate and Affordable HousinR An emerging issue in Collier County is the availability of adequate and affordable housing for Iow and moderate-income populations. The Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. Attainment of Hi.qh Quality Urban Desi.qn The report of the Regional/Urban Design Team for the Naples area, dated April 1987, and subsequent recommendations of the R/UDAT Citizen Committee, provide another underlying concept. While the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources, thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use Element provides several additional measures. Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant overall traffic circulation) level and it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to adopt standards for road access has been accomplished through the Access Control Policy adopted by Resolution and the Access Management Plans for Mixed Use Activity Centers included in the Land Development Regulations. The Future Land Use Element includes improved Iocational criteria for commercial development. The Mixed Use Activity Centers are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element committed to the completion of such plans for two roadways initially and to extend the concept to other roads in the future. The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landscaping, signage, lighting, etc.)and public works (landscaping, lighting, signage, etc.) to achieve that theme. The City of Naples and Collier County have cooperated on the first roads to be treated with this approach. The Streetscape Master Plan adopted by the Board of County Commissioners identifies appropriate landscaping treatments for the different corridors in the County. Collier County has also adopted Design Standards for all commercial development into the Land Development Code. These development standards include building design, parking lot orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards will provide for quality development that is responsive to the Community's character. Improved Efficiency and Effectiveness in the Land Use ReRulatory Process Attention has been devoted to improving the land use regulatory process through straightforward requirements and procedures. This has led to the style and structure of this Text with single underline or single xtrikcthro'.~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 8 of 81 Plan; a reorganization of the development review process; and the compilation of all Land Development Regulations into a single, unified Land Development Code. Protection of Private Property Ri_clhts Important to every facet of this Element is maintenance of a careful balance between private property rights and the general public interest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; fair; based on the health, safety and welfare of the public; and that due process is provided. Of particular importance is the issue of vested rights, which is addressed later in this Overview. D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planning It is important that the time frames of land use planning and public facilities planning be coordinated. During the development of the Urban Area Buildout Study it became clear that an incongruity existed in that under the1989 Collier County Comprehensive Plan, enough land in the western coastal area was designated Urban for approximately 275,000 dwelling units (inclusive of the City of Naples) with a population of 458,000, with buildout occurring between 2019 and 2046, depending on the growth rate of the County. Of this, approximately 120,000 dwelling units were built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough land had been included for approximately 39,000 dwelling units with a build-out time horizon of 2105. These buildout time frames are contrasted by the time frames for public facility planning which are at 10 years for all facilities except roads where a 2020 financially feasible plan exists for the County. The 2020 plan is designed to accommodate approximately 246,500 dwelling units and a population of 393,100 (inclusive of the City of Naples). As previously discussed, Level of Service Standards for public facilities which are binding on land development are adopted for roads, water supply, sewage treatment, water management, parks and solid waste. Of these, the first are most closely tied to the development of a property - adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water management is regulatory - a level of on-site storm flood protection is required. In the case of water and sewer, the County has provided utility systems, which are substantial and expanding. Thus, the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: - An internally inconsistent Plan; - Failure to reserve adequate right-of-way at time of zoning; - Condemnation of land after zoning or after development in order to obtain adequate right of way; Text with single underline or single x~rikcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 9 of 81 Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards; and Progressive lowering of Level of Service Standards. The Comprehensive Plan responds to the time frame discrepancy through immediate action and through process oriented commitments. First, the Traffic Circulation Element includes an Objective to coordinate with the Future Land Use Element and a policy to complete long range transportation planning. The Urban Area Buildout Study was prepared to assist in the development of a long range "vision" of the Coastal Urban Area with a specific focus on the infrastructure improvements needed to accommodate the Urban area's potential growth based on the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the urban area population while Phase II was an analysis of infrastructure needed to accommodate that population. Second, the Density Rating System has been adjusted to moderate maximum permissible densities in areas subject to long range congestion. Third, commercial development opportunities in the form of Mixed Use Activity Centers are provided to include a mixture of uses which has the potential to lessen the impact on the transportation system. Fourth, the Level of Service Standards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation Program has been established and implemented which reviewed and modified, where possible, zoning with a higher density or intensity than provided for in the 1989 Comprehensive Plan. The areas identified as subject to long range traffic congestion consist of the western coastal Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination was the 2015 Transportation Plan which forecasts future land use based on existing development, potential development and population projections. The land use forecasts are the basis for projected unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. The 2020 Financially Feasible Road Plan, as well as the Needs Assessment Plan, which represents buildout of the Urban Area, have not met with public acceptance. Therefore, the strategy discussed above is promoted, which include: extend time frame of transportation planning; moderate maximum permissible densities in areas subject to long range congestion; provide commercial development opportunities which serve to modify the overall traffic circulation pattern; and re-evaluate existing zoning. Level of Service Standards Standards for adequate service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, the major purpose for inclusion in this Element is to serve as a regulatory tool. Text with single underline or single strikcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 10 of 81 Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual Certification of Adequate Capacity; Water Management - Project-Specific Regulatory Requirement; Sewage - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); and Roads - Project-Specific Capacity Test. It is recognized that difficulties may arise in situations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with State Roads running through the County; with independent and City of Naples water and sewer districts within the County; and conversely, with County Roads running through the City of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service Standard with the "funding" Level of Service Standard. However, if there is a failure by the service provider, adjustment to the regulatory effort may be forced. For example, if the State Department of Transportation allows a road to fall below its "funding" standard, (which is the same as the County's "regulatory" standard) and there is no commitment to accelerate funding and construction, four options are available: A moratorium may be imposed but may not be sustainable if there is no commitment to improve the road by a definite and reasonable time; - The County may improve the road; The private sector may improve the road; or - The regulatory Level of Service Standard may be lowered through a Comprehensive Plan amendment process. Vested Ri,qhts The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting development trends and resultant facility needs; with regard to transportation planning time frames and right-of-way needs; and with regard to approved but unbuilt commercial zoning (C-1-C-5 and PUD) in 1995 which found that of the approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43%, are developed. This Comprehensive Plan responds to the vested rights issue by establishing a program which reviewed all previously approved zoning. Within three years after Plan was adopted, all zoning was reviewed. If it is was determined to be inappropriate and is not vested, the zoning was adjusted to an appropriate classification. Annually thereafter, zoning will be re-evaluated on the Text with single, underline or single xtri,Scthrc',:gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~'~'~ ....... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 11 of 81 fifth anniversary of its approval as identified in the Land Development Regulations. (See Appendix C of the Support Document for a complete discussion of the vested rights issue). E. FUTURE LAND USE MAP The Future Land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed-use categories are used to generally describe the character of allowed development. Within each of these categories, a range of uses are is permitted based upon specific standards as described in the Designation Description Section of this Element. These uses include residential, commercial, industrial, agricultural, recreational, conservation, educational, community, and public facilities. The Future Land Use Map series includes additional map series: Future Land Use Map - Mixed Use Activity Centers and Interchange Activity Centers Future Land Use Map - Properties Consistent by Policy (5.9, 5.10, 5.11) Future Land Use Map - Natural Resources: Wetlands; The following Future Land Use Maps are located in the Support Document: Future Land Use Map - Public Facilities, which shows existing and planned public facilities; Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays, Lakes, Floodplains, Harbors and Minerals (this map also shows those properties proposed for public acquisition by the State Department of Environmental Protection Conservation and Recreational Lands Program (CARL) and the South Florida Water Management District's Save Our Rivers Program); Future Land Use Map - Natural Resources: Soils. Text with single underline or single ~tri!c~thrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~'~'~ ....... ~' reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 12 of 81 II. IMPLEMENTATION STRATEGY GOALS~ OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE 1: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN- 1. 2. 3. 4. 5. 6. 7. {11) 8. (V) 10. B. URBAN- 1. 2. MIXED USE DISTRICT Urban Residential Subdistrict Urban Residential Fringe Subdistrict Urban Coastal Fringe Subdistrict Business Park Subdistrict Office and Infill Commercial Subdistrict PUD Neighborhood Village Center Subdistrict Traditional Neighborhood Design Subdistrict Orange Blossom Mixed-Use Subdistrict Goodlette/Pine Ridge Commercial Infill Subdistrict Vanderbilt Beach/Collier Boulevard Commercial Subdistrict COMMERCIAL DISTRICT Mixed Use Activity Center Subdistrict Interchange Activity Center Subdistrict (V) 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict Policy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: Text with single, underline or single strlkcthrc:;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... ~'~'~ ....... ~- reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 13 of 81 A. AGRICULTURAL/RURAL- MIXED USE DISTRICT 1. Rural Commercial Subdistrict B. RURAL FRINGE MIXED USE DISTRICT liilC. RURAL - INDUSTRIAL DISTRICT (;;D.RURAL - SETTLEMENT AREA DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Arecs of Environment31 Concern Over!3y North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Airport Noise Area Overlay (IV)E. Bayshore/Gateway Triangle Redevelopment Overlay OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capacity. Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. Text with single underline or single x:ri!:r:hrc:;Z,h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 14 of 81 OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3,'1: Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the following provisions: a. The Collier County Subdivision Code shall provide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in the Rural Fringe Mixed Use District ~.".~ i~,,,, ,~;~,,~^,~ ,,,, S~c~.".~:r',' Scn~in.~ pad through various Land Use Desiqnations that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses and through the adoption of permanent NRPA Overlays and integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code. This shall also be accomplished throuqh regulations such as minimum open space and native vegetation preservation requirements, and/or through incentives that encouraqe the use of creative land use p annin.q techniques and innovative approaches to development in the County's Agricultural/Rural Desi.qnated Area. Drainage and stormwater management shall be regulated by the implementation of the South Florida Water Management District Surface Water Management regulations. (I) d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. Regulate signage through the Sign Ordinance, which shall provide for frontage requirements for signs, shared signs for smaller properties, definitions and establishment of an amortization schedule for non-conforming signs. fo The safe and convenient on-site traffic flow and vehicle parking needs shall be addressed through the site design standards as well as site development plan requirements which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, landscaping and buffering criteria. Text with single, underline or single ctrlkcthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 15 of 81 go Ensure the availability of suitable land for utility facilities necessary to support proposed development by providing for a Public Use Zoning District for the location of public facilities and other Essential Services. The protection of historically significant properties shall be accomplished, in part, through the adoption of the Historic/Archaeological Preservation Regulations which include the creation of an Historic/Archaeological Preservation Board; provides for the identification of mapped areas of Historic/Archaeological probability; requires a survey and assessment of discovered sites; and provides a process for designation of sites, structures, buildings and properties. The mitigation of incompatible land uses with the area designated as the Naples Airport Noise Zone shall be accomplished through regulations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Map; recording the legal descriptions of the noise contours in the property records of the County and through an inter-local agreement to notify the Naples Airport Authority of all development proposals within 20,000 feet of the airport which exceed height standards established by the Federal Aviation Administration. No development orders shall be issued which are inconsistent with the Growth Management Plan, except for where a Compatibility Exception or Exemption has been granted or where a positive Determination of Vested Rights has been made pursuant to the Zoning Reevaluation Program. Policy 3.2: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91-102). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through streamlining procedures. OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.'1: A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Text with single underline or single strikcthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 16 of 81 Policy 4,2: A detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housing, Urban Design, Land Development Regulations and . other considerations. Major purposes of the Master Plan shall be coordination of land use and transportation planning, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the community's character. Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4.34: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. The Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. Policy 4.4§: An Industrial Land Use Study has been developed and a summary incorporated into the support document of this Growth Management Plan. The study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and Iocational criteria. Upon completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. Policy 4._56: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plans is defined by the following guidelines and principles: Text with single underline or single cIri!ccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 17 of 81 (i) a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions, which are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are complied with. Policy 4._6~: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.78: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Policy 4.8_9 Prepare a Rural and Agricultural Area Assessment, or any phase thereof, and adopt plan amendments necessary to implement the findings and results of the Assessment, or any phase thereof, pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22, 1999. The geographic scope of the assessment area, public participation procedures, interim development provisions, and the designation of Natural Resource Protection Areas on the Future Land Use Map are described in detail in the Agricultural/Rural Designation Description Section. Text with single underline or single strike, through reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double~~'~'~ ...... ~' reflects proposed changes to the Transmittal language as adopted by the BCC on June I9, 2002. Page 18 of 81 (I) Policy 4.9-10 Public participation and input shall be a primary feature and goal of the planning and assessment effort. Representatives of state and regional agencies shall be invited to participate and assist in the assessment. The County shall ensure community input through each phase of the Assessment which may include workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Committee and the Collier County Planning Commission in each phase of the Assessment. OBJECTIVE 5: In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. Policy $.1: All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased. Policy 5.2: All proposed development shall be reviewed for consistency with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners shall not be permitted. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by:confining urban intensity development to areas designated as Urban on the Future Land Use Map~2 and by requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary,; and by encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Desi.qnated Area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91-102, adopted October 30, 1991, as amended. Text with single underline or single stri!rcthrc~ugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'!.:z:.::':::~,.: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 19 of 81 Policy 5.5: Encourage the use of,.,.,~.,,"";°*;"",~ land presently z<me~ designated, for urban intensity uses before des qnatin.q. . ~,,.,,~,--,-,-;";"'-,, ,,..,, ,~ ~¢ek~1~¢~'¢~ ef--other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing z4me~ lands designated for urban intensity uses, the Rural Settlement District (Oran.qetree PUD), and the Rural Fringe Mixed Use District before servicing ~ new areas. Policy $.6: Permit the use of clustered residential development housing, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encouraqe such innovative land development techniques. Policy 5.7': Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Policy Ii.8: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 ) and consistent with the Iocational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re-evaluation Program described in Policy 3.1K, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: Properties for which exemptions based on vested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re-evaluation Program established pursuant to Policy 3.1K, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Text with single underline or single ctri~c:hr,~:~g,h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z',:'i.~z:.~::'z::g,.~: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 20 of 81 (i) Policy 5.11: Properties determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.12 Properties rezoned under the former Industrial Under Criteria, or with the provision contained in the former Urban-Industrial District which allowed expansion of industrial uses adjacent to lands designated or zoned Industrial provision as adopted in Ordinance 89-05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5,13 The following properties identified by Ordinance #98-82; 98-91;98-94; 99-02; 99-11; 99-19; 99- 33; and 2000-20; located in Activity Centers #1, 2, 6, 8, 11 & 18 were rezoned pursuant to the Activity Centers boundaries designated in the 1989 Comprehensive Plan, as amended. Those properties were rezoned during the interim period between the adoption of the Future Land Use Element in October, 1997 which was not effective due to the notice of intent finding the Future Land Use Element not "in compliance". Those properties, identified herein, which have modified the boundaries of the 1997 Activity Centers are deemed consistent with the Future Land Use Element. Text with single underline or single x'~ri!:~hrc,:;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 21 of 81 (IV) FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan contained in the Land Development Code); Child care centers; Community facilities such as churches group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; 6. Safety service facilities; 7. Utility and communication facilities; $. Earth mining, oil extraction, and related processing; 9. Agriculture; (I) 5. Text with single underline or single xtri!ccthrcz:gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~--'~ ....... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 22 of 81 (V)IO. (ll)(IV)(V)12. Ov) 15. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses. 11. Support medical facilities such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominant use is medical related and located within ¼ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict and Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, and Interchange Activity Center Subdistrict, and Livingston/Pine Ridge Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use. 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as permitted in the Bayshore/Gateway Triangle Redevelopment Overlay. 16. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. Text with single, underline or single stri!ccthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 23 of 81 A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policy 11.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. Text with single underline or single stri!rcthrc,:~Z,h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~t:'i.~:t!::'cxg!: reflects proposed changes to the Transmittal language as adopted by the BCC on June I9, 2002. Page 24 of 81 (IV) 2. Urban Coastal Frin.qe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier-Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts on Marco Island. 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per .qross acre via the transfer of up to one dwelling unit per acre dc'.'_!cpmc,".t r!,qhtz from lands of thc 'Jr~c~ -o 'C 'J .". d 2 ,"'; , c~d desiqnated as Rural Frinqe Mixed Use District Sendinq. These residential land uses subject *''',v *~'".,,v ¢"'",v,,....,, ,~ ..... ~, ,~,.,v, ,~,'4~*~ ...... ~, ,~'4 are not subject to the Density Rating System, but are subiect to the fo lowing provisions: a. All rezones are encouraged to be in the form of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area. 4. PUD Nei,qhborhood Village Center Subdistrict The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage exceed 15 acres. The Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code shall be amended within one (1) year to provide standards and principles regulating access, location or integration within the PUD of the Village Center, allowed uses, and square footage and/or acreage thresholds. Text with single underline or single stri!cc~,hrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... ~'~'~ ....... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 25 of 81 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a Business Parks shall be permitted to include up to 30% of the total acreage for non- industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. b Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Traffic Circulation Sub-Element. c Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses which serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. d When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e Business Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. h When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Traffic Circulation Sub- Element. i Business Parks are encouraged to utilize PUD zoning. Text with single underline or single xtri!ccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... :'~-~'"--~'.'~- reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 26 of 81 The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. 6. Office and In-fill Commercial Subdistrict The intent of this Subdistrict is to allow Iow intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts Iow traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-1 through C-5 zoning districts and commercial components of PUDs. a. The subject site abuts a road classified as an arterial or collector as identified on the five-year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub- Element. b. The site utilized for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; c. The site abuts commercial zoning: (i) On one side and non-commercial zoning on the other side; or, (ii) On both sides; d. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); e. Project uses are limited to office or Iow intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; f. The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; g. At time of development, the project will be served by central public water and sewer; and h. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. i. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand. j. The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the Urban-Mixed Use District is 250 acres. 7. Traditional Neiqhborhood Design Subdistrict The purpose of this provision is to encourage the development of Traditional Neighborhood Design (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected residential neighborhood projects that are centered around a village green Text with single, underline or single s:rikcthrc~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~'~'~ ....... ~- reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 27 of 81 (11) with a mix of commercial uses including retail, office and civic amenities that complement each other. Residential uses are often located above retail uses. A grid pattern is the basis for the transportation network. The main street component of the TND is appropriately integrated in the TND and sized in proportion to the scale of the project with a maximum of 15 acres of commercial permitted. Standards shall be developed in the Land Development Code which will regulate access, permitted uses, square footage and/or acreage thresholds, lot frontage dimensions, street widths, setbacks, and other standards that are integral to the TND concept. 8. Oran.qe Blossom Mixed-Use Subdistrict The intent of this district is to allow for limited small-scale retail, office and residential uses while requiring that the project result in a true mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this subdistrict will promote small scale mixed-use development with a pedestrian orientation to serve the homes both existing and future in the immediate area. This Subdistrict is intended to be a prototype for future mixed-use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small-scale commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C-I, C-2 and C-3 zoning districts except as noted below. The development of this subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. A unified planned development with a common architectural theme which has shared parking and cross access agreements will be developed. c. Retail uses will be capped at a maximum of 5,000 sq. ft. per acre for the total project. d. Office uses will be capped at a maximum of 7,000 sq. ft. per acre for the total project. e. Residential development will be subject to the density rating system. f. Maximum lot coverage for buildings is capped at 17.5% for the total project. g. No more than 25% of the total built square footage will be devoted to single story buildings. h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road and Orange Blossom Road will provide secondary accesses facing those streets. i. All four sides of each building must be finished in a common architectural theme. j. A residential component equal to at least 25% of the allowable maximum base density under the density rating system must be constructed before the subdistrict completes an aggregate total of 40,000 square feet retail of office uses. k. Residential units may be located both on the North and South side of Orange Blossom Drive. I. Integration of residential and office or retail uses in the same building is encouraged. m. Pedestrian connections are encouraged to all perimeter properties where feasible and desired by adjoining property owners. n. No building footprint will exceed 5,000 square feet. Common stairs, breezeways or elevators may join individual buildings. o. No building shall exceed three stories with no allowance for under building parking. Text with single underline or single ~trlkcthrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double £::'i!::t.~::'z;:gJ: reflects proposed changes to the Transmittal language as adopted by the BCC on ,June 19, 2002. Page 28 of 81 (vHo. p. Drive-through establishments will be limited to banks with no more than 3 lanes architecturally integrated into the main building. q. No gasoline service stations will be permitted. r. All buildings will be connected with pedestrian features. s. Twenty foot wide landscape Type D buffers along Orange Blossom Drive and Airport-Pulling Road and a 20 foot wide Type C buffer along all other perimeter property lines will be required. t. Parking areas will be screened from Airport-Pulling Road and Orange Blossom Drive. u. The Office and Infill Commercial Subdistrict provision is not applicable to any properties adjacent to this Subdistrict. 9. Goodlette/Pine RidRe Commercial Infill Subdistrict This subdistrict consists of 31 acres and is located at the northeast quadrant of two major arterial roadways, Pine Ridge Road and Goodlette-Frank Road. In addition to uses allowed in the Plan, the intent of the Goodlette/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance. The subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Access to the Goodlette/Pine Ridge Commercial Infill Subdistrict may feature a traffic signalized access point on Goodlette-Frank Road, which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within this district will be limited to single-story retail commercial uses, while professional or medical related offices, including financial institutions, may occur in three-story buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/-23 acres. No individual retail tenant may exceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District, the .87+/- acre wetland area located on the northeastern portion of the site will be preserved. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict This Subdistrict is located on the north side of the intersection between the two (2) major roadways of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 33.45 acres of land. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring residential areas. The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring residents and assist in minimizing the road network required in this part of Collier County. This subdistrict is further intended Text with single, underline or single xtrltccthrc.'.~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~'~'~ ....... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 29 of 81 to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. Development intensity for this Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area. Rezonings are encouraged to be in the form of a PUD zoning district which must contain development standards to ensure that all commercial uses will be compatible with neighboring residential and institutional uses. In addition to retail uses and other uses permitted in the Plan, financial institutions, business services, and professional and medical offices shall be permitted. Retail uses shall be limited to a single-story. Financial services and offices shall be limited to three stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within the Subdistrict shall be required to have common site, signage and building architectural elements. The property shall provide for potential interconnection with adjacent properties. Text with single underline or single stri!cethrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 30 of 81 MAP 5 A GOODLETTE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT PINE RIDGE ROAD (C.R. 896) PINE RIDGE ROAD (C.R. 896) INDICATES BOUNDARY OF GOODLETTE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT Text with single underline or single ctri!ccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune I9, 2002. Page 31 orS1 MAP 5B VANDERBILT BEACH / COLLIER BOULEVARD COMMERCIAL SDBDISTRICT COLLIER COUNTY, FLORIDA 0 1000 irT, 2000 FT. LEGEND SUBDISIRICT DENSITY RATING SYSTEM This Density Rating System is only applicable to areas designated Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. This Density Rating System only applies to residential dwelling units. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the characteristics of the project. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zoninq If the project includes conversion of commercial zoning which is not located within an Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. 2. Proximity to Mixed Use Activity Center or Interchange Activity Center If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. 3. Affordable Housing To encourage the provision of affordable housing within the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102, Text with single underline or single stri!ccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i.~:c:.~::'c::Z,.~: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 32 of 81 adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Housing projects must provide appropriate mitigation consistent with Policy 13.1.2 of the Conservation and Coastal Management Element. 4. Residential In-fill To encourage residential in-fill in urban areas wlth of existing development outside of the Coastal Hiqh Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is -1~ 20 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (f) There is no common ownership with any adjacent parcels; and (g) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. (h) Of the maximum 3 additional units, ~ one (1) dwellinq unit per acre ~ shall be transferred ~ from ~ Sending Lands (i) Projects qualifying under this provision may increase the base density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Within one year, the County will adopt LDRs to implement this "by right" Rural-to-Urban transfer process, subject to the above criteria, excluding (c). $. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. 6. Transfer of Development Riqhts To encourage preservation/conservation of natural resources, density transfers are permitted as follows: (a) Within that portion of the Urban designated area subject to this Density Rating System~_Ddensity may be increased above and beyond the density otherwise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended.~= (bi From~c"; ...... .~ e .... '~"~' Sendin.q Lands in conjunction with qualified infill development; and, Text with single underline or single xtrikcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... ~'~'~ ....... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 33 of 81 (c) From Sendinq Lands located within one mile of the Urban Boundary into lands desi,qnated Urban Residential Frin,qe, at a maximum density increase of one (1) unit per gross acre. ......... '~""o~*" shall density not be transferred into the Coastal In no case ~'-', ....... , ....... j ~ Hi,qh Hazard Area from outside the Coastal ~ Hi.qh Hazard Area. Lands lying seaward of the Coastal Memage,me, Rt Hi,qh Hazard Boundary, identified on the Future Land Use Map, are within the Coastal MaP, ageme¢~ High Hazard Area. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Conqestion Area If the project is within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport- Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. c. Density Conditions: The following density condition applies to all properties subject to the Density Rating System. 1. Maximum Density The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. Density Blendinq: This provision is intended to encouraqe unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Frinqe Mixed Use Districts. In the case of such properties, which were in existence and under unified control (owned: or under contract to purchase., by the applicant(s)) as of June ~ 19, 2002, the allowable ,qross density for such properties in a,qgre.qate may be distributed throughout the project, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted. Text with single, underline or single stri!ccthrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... ~-~'~ ....... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 34 of 81 1. Density Blending Conditions and Limitations for Properties Straddlinq the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the Rural Fringe Mixed Use District Neutral a¢~ or Receiving Lands: (a) The project must straddle the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the Rural Frinqe Mixed Use District Neutral or Receivinq Lands; (b) The proiect in aggregate is a minimum of 80 acres in size; (c) At least 25% of the project is located within the Urban Mixed Use District. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless (d) (e) interim provisions for sewer and water are authorized by Collier County; The project is currently zoned or will be rezoned to a PUD; Density to be shifted to the Rural Frinqe Mixed Use District from the Urban Residential Sub-District is to be located on impacted lands, or it is demonstrated that the development on the site is to be located so as to (f) preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native veqetation and/or habitat with adiacent preservation and/or habitat areas; The entire project shall meet the applicable preservation standards of the Rural Fringe Mixed Use District. These preservation requirements shall be calculated (g) upon and apply to the total project area. Section 15 (Township 48 South, Range 26 East), which straddles the boundary of the Urban Residential Sub-district and the Rural Fringe Mixed Use District, is designated Neutral; and is in the approved Mirasol PUD, may utilize this density blending provision: subject to the above criteria. 2. Density Blending Conditions and Limitations for Properties Straddlinq the Urban Residential Frinqe Sub-District and Rural Frinqe Mixed Use District Sendinq Lands: (a) The project must straddle the Urban Residential Frinqe Sub-District and the Rural Fringe Mixed Use District Sending Lands; (b) The proiect in a.q.qre.qate must be a minimum of 8~ 400 acres; (c) At least 25% of the project must be located within the Urban Residential Frinqe Sub-District. The project must extend central water and sewer (from the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; (d) The Project is currently zoned or will be zoned PUD; (e) The density to be shifted to the Sendinq Lands from the Urban Residential (f) Fringe is to be located on impacted or disturbed lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the hiqhest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native veqetation and/or wildlife habitat with adjacent preservation and/or habitat areas; The Urban portion of the project shall comply with the native veqetation requirements identified in the Conservation and Coastal Manaqement Element (for Urban desiqnated lands). For those lands within the project designated as Text with single, underline or single stri!cethrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ......... :."c::g-.: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 35 of 81 Sendinq, the native ve.qetation preservation requirement shall be 90% of the native veqetation, not to exceed 60% of the total proiect area desiqnated as Sendinq. Wetland areas that are impacted through the development process.. but which result in enhanced wetland function~ including habitat and/or flowwa.vs~ shall be considered as part of the native vegetation requirement set forth in this provision and shall not be considered as impacted areas. These wetland areas and/or flowways ma.v be used for water storage provided that the water discharged in these areas is pre-treated, Permitted uses for densit.v blending under this provision include residential development and associated amenities~ including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underl.ving land use designation. B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. (.)Ov)(v) The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of the factors listed below. Text with single, underline or single stri!:cthrc:;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 36 of 81 For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. The factors to consider during review of a rezone petition are as follows: Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the - Mixed Use Activity Center; - Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; - Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; - Adequacy of infrastructure capacity, particularly roads; - Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; - Natural or man-made constraints; - Rezoning criteria identified in the Land Development Code; - Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Code; - Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; - Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; - Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. # 1 Immokalee Road and Airport Road # 6 Davis Boulevard and Santa Barbara Boulevard # 8 Airport Road and Golden Gate Parkway #11 Vanderbilt Beach Road and Airport Road #12 US 41 and Pine Ridge Road #13 Airport Road and Pine Ridge Road Text with single_ underline or single xtri!c.~thrc.',~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'!!:z:!::':.::gJ: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 37 of 81 #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport Road #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Isles of Capri Road #20 US 41 and Wiggins Pass Road The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or developed property. Activity Center #6 is approximately 60% commercially zoned and/or developed. For purposes of these specifically designated Activity Centers, the entire Activity Center is eligible for up to 100%, or any combination thereof, of each of the following uses: commercial, residential, and/or community facilities. Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may be permitted to modify the designated configuration. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification during final site design; however, the approved amount of commercial development shall not be exceeded. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51% ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51% ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the Text with single~ underline or single stri!rc'.hrc,:~h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 38 of 81 quadrant will be excluded from acreage calculations to determine unified control; 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial permitted at Activity Centers # 3 and #7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center, the balance of the of the land uses shall be for residential and/or community facilities. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facilities. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and/or community facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network; and 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · The intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications in the Traffic Circulation Element. · The Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. · Market justification is provided demonstrating need for a Mixed Use Activity Center at the proposed location. 2. Interchanqe Activity Center Subdistrict Interchange Activity Centers have been designated on the Future Land Use Map at each of the three Interstate 75 interchanges and include numbers 4, 9 and 10. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the Text with single, underline or single ~tri!ce:hrcugt,: reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 39 of 81 boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers ~4 and #10 allow for a mixture of land uses - which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. (111) Subsequent to the development of the vision statement, new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during review of a rezone petition shall be in compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allowed, provided each such use is reviewed and Text with single, underline or single x~ri!~c~hrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 40 of 81 found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, warehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and/or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site- specific development details will be reviewed during the Site Development Plan review process. - Landscaping, buffering and/or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; -Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; - Central water and sewage systems shall be required; - State Access Management Plans, as applicable; - No direct access to the Interstate right-of-way shall be permitted; -Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plans, or State Access Management Plans, as applicable; -Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; - The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. (V) 3. Livingston/Pine Ridqe Commercial Infill Subdistrict This Subdistrict consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway and Pine Ridge Road, a minor arterial roadway. In addition to uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well-planned access points to improve current and future traffic flows in the area. If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjacent properties immediately to the South and immediately to the Text with single_ underline or single stri,tccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'iJ:z'..t::?::~.~: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 41 of 81 East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50- foot maximum height. Any project developed in this Subdistrict may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to areas zoned agricultural. 3. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. C. Urban - Industrial District The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban - Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; j. Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and Support commercial uses, such as child care centers and restaurants. Text with single underline or single ctrikcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~-~'~ ....... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 42 of 81 LIVINGSTON / PINE RIDGE COMMERCIAL INFILL DISTRICT COLLIER COUNTY, FLORIDA o§ · SCALE 0 1000 FT. 2000 FT. LEGEND SUBDIS*IRICT (I) 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a Subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. II. AGRICULTURAL/RURAL DESIGNATION Rural & Agricultural Area Assessment The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the Final Order (AC-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The Geographic Scope of the Assessment Area shall be as follows: Includes: All land designated Agricultural/Rural, except as noted below; Big Cypress Area of Critical State Concern (ACSC), except as noted below; Conservation lands outside the Urban Boundary, except as noted below, and; South Golden Gate Estates. Excludes: All Urban designated areas; Northern Golden Gate Estates; The Settlement District. The Assessment has been completed for these areas: The Rural Frinqe Mixed Use District, Th-'_ "fcc !dc~t!f!'cd cz ~__-'z'c.".d2."; S_-c~d!.".g Lc~d__. _-'.". thc FLUM, '::hlch !z '::!th!~ thc ~ Other privately-owned lands generally located north of Everglades City: and, North Belle Mead, Belle Meade, and CREW NRPAs. The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full and broad-based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: 1. Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes Text with single, underline or single stri.tccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~'~'~ ....... ~' reflects proposed changes to the Transmittal language as adopted by the BCC on ,June 19, 2002. Page 43 of 81 (I) creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions and mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. Interim Development Provisions for the Agricultural/Rural Assessment Area Amendments based on the Assessment shall be completed by June 22, 2002 for the Rural Frin.qe Area, and by November 1, 2002 for the balance of the Assessment Area. Residential and other uses in the Area for which completed applications for development approval, rezoning, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan as it existed on June 22, 1999. If the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the interim land use controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becoming effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof, are in effect the only land uses and development allowable in the area shall be those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agricultural/Rural District, except the following uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges. 2. Extension or new provision of central water and sewer service into the Area. 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housing directly related to support farming operations, or staff housing (12 du/ac) and other uses directly related to the management of publicly-owned land, or one single family dwelling unit per lot or parcel created prior to June 22, 1999. 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emergency power structures, fire and police stations, emergency medial stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and transfer sites for resource recovery. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. 15. Recreational Vehicle Parks Text with single underline or single x~ri!:,t!:r~ug!: reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'iSz:.t, rz::~.~: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 44 of 81 These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment. (i) Interim Natural Resource Protection Areas (NRPAs) The following areas shall be generally mapped and identified as interim Natural Rcso,Jrco Prctectlc,q. ~',,-''asv (NRPAs): Camp Keais Strand~ r,c,,--~^tv, .~.. ~.' '-"'~,..v, and the Okaloacoochee Slough~ ~ and Sc'.:'th Go!dc.". Gctc Ectctcc. These interim Natural Resource Protection Areas (NRPAs) are designated on the Future Land Use Map: 1. Within these areas, only agriculture and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22,1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; 3. The general location shall be identified on a map as the interim NRPAs and shall be refined as_actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. (I) The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. The following uses and densities are .qenerally permitted in under this District Desi.qnation subject to the Interim Development Provisions+, where applicable - but may not be permitted in all Districts and Subdistricts, and may be subiect to specific criteria, conditions, development standards; permitted densities may be greater, or lesser, than that stated below, in some Districts and Subdistricts. a. Agricultural uses such as farming, ranching, forestry, bee-keeping; b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses, golf courses; e. Essential services; which are defined as facilities and services: including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare ac '~^~;~'~ in "'^ ' ~'~ r~ .... , ..... ~ Coils; ~.f__.Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: Text with single underline or single x'~ri!:cthrc',~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 45 of 81 (v) O) · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. P.a. Migrant labor housing as provided in the Land Development Code; ~h. Earthmining, oil extraction and related processing; N.i_. Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation; P.~ Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farming, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use; m?k. Commercial uses as principal uses, '"'~*~'~" ~as provided for within the Rural Commercial Subdistrict and Rural Villages within the Rural Fringe Mixed Use Subdistrict. and based upon the criteria set forth therein, respectively; ~.l.lndustrial uses as provided for within the Rural-Industrial Subdistrict and for Research and Technology Parks within Rural Villages in the Rural Fringe Mixed Use Subdistrict, and based upon the criteria set forth therein, respectively: within the R'Jra! !nd'Jctrlal ~.m. Travel trailer recreational vehicle parks, provided the following criteria are met: 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and 3. The use will be compatible with surrounding land uses. A. A.qricultural/Rural - Mixed Use District The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for Iow-density residential development, and other uses identified under the Agricultural/Rural Designation. These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed as fellewc listed below, subject to the Interim Development Provisions r~ .... Text with single underline or single :tri!:ct?c:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i.:zt.::'z::Z,.: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 46 of 81 ..................... , ................... : ........................ rovlds~ a. Low density residential dwelling units, at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots o~ record; b. Dormitories, duplexes and other tv~es of staff housing, as may be incidental to: and in SUDDO~ of~ prcv]d:d in ::njunst!:n with conse~ation uses~ :~'~ ...... :*u th~ L~nd Ds':~[~m~nt c. Group housing uses subject to the following density/intensity limitations: · Family Care Facilities: 1 unit per 5 acres; · Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. d. Staff housing as may be incidental to, and ~n suppod of: ....... , ............... safety se~ice facilities and essential ~ie~ ~* ~ ~"~::": e. Farm labor housing limited to 10 acres in any single location: in ~:::rd:ncc w~th tho Fsrm · Single family/duplex/mobile home: 11 dwelling units per acre; · Multifamily/dormitory: 22 dwellina units/beds per acre. f. Spo~ina and Recreation camps within which the Iodaina component shall not exceed 1 cabin/Iodaing unit per 5 gross acres: ~- g. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with pad of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and fudher provided that no residential units shall be located on that pad of Section 29 within the Fiddler's Creek DRI; and fudher provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. O) I. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met and subject to the Interim Development Provisions: a. The project, or that portion of a larger project, which is devoted to commercial development, is 2.5 acres or less in size; b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center. except that the southwest quadrant at the intersection of US 41and S.R. 29, is eligible for commercial zoning under this provision; Text with single, underline or single o°tri!ccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'!!:z:!::'z::gk reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 47 of 81 c. The proposed uses are limited to office, retail, and personal services intended to serve the rural population and the traveling public., and are identified as ace=those uses permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. Commercial intensity shall not exceed 107000 square feet of gross leasable floor area per acre; e. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e=f. The project is buffered from adjacent properties. B. Rural Fringe Mixed Use District The Rural Frinqe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Siqnificant portions of this District are adjacent to the Urban area or to the semi-rural, rapidly developing, large-lot North Golden Gate Estates platted lands. Aqricultural land uses within the Rural Frinqe Mixed Use District do not represent a siqnificant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strateqies have been developed for the Rural Frinqe Mixed Use District, in part, to consider these existing conditions. The Rural Frinqe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Frinqe Mixed Use District employs a balanced approach, including both requlations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in desi.qnated areas, appropriate types, density and intensity of development. The Rural Frinqe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existinq natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraqed within the District. Transfer of Development Ri.qhts (TDR), and Sending and Receivinq Desi.qnations: The primary purpose of the TDR process within the Rural Frinqe Mixed Use District is to establish an equitable method of protectinq and conservinq the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential throuqh an economically viable process of transferring such rights to other more suitable lands. Within the Rural Frinqe Mixed Use District and within designated areas of the Agricultural/Rural Mixed Use District, residential density may be transferred from lands desiqnated as Sendinq Lands ~D.~ ....... .4 o .... .-, .... ~ Text with single, underline or single strikc:hrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 48 of 81 to lands designated as Receivinq Lands on the Future Land Use Map, subiect to the following: A) Receiving Lands: Receivinq Lands are those lands within the Rural Fringe Mixed Use District that have been identified as beinq most appropriate for development and to which residential development units may be transferred from areas designated as Sendinq Lands. Based on the evaluation of available data, these lands have a lesser deqree of environmental or listed species habitat value than areas designated as Sendinq and generally have been disturbed throuqh development, or previous or existinq agricultural operations. Various incentives are employed to direct development into Receivinq Lands and away from Sending Lands, thereby maximizinq native veqetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within Receivinq Lands, the following standards shall apply, except for those modifications that are identified in the North Belle Meade Overlay: Maximum Density: The base residential density allowable for desiqnated Receivinq Lands is one (1) unit per five (5) gross acres (0.2 dwellinq units per acre), The maximum density achievable in Receivinq Lands throuqh the TDR process is one (1) dwelling unit per acre. Once the maximum density is achieved through the use of TDRs, a density bonus of no more than 10% of the maximum density per acre shall be allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1,2 of the CCME. This maximum density is exclusive of the Density Blendinq provisions. .-,,.,.4 .... ,4~.. ~ .......... ,~.~.~...4 ~ ,~.~ ~,~. ~.~ .... ~.~ ..,.,...,;,...~,~ ,~ .~.~..,~.~ ~;..;~ ,~.4~ Dwellinq Units may only be transferred into Receivinq Lands in whole unit increments (fractional transfers are prohibited), Clusterinq: Where the transfer of development rights is employed to increase residential density within Receivinq Lands, such residential development shall be clustered in accordance with the followinq provisions: a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the b) c) proiect. Where County sewer or water services may not be available concurrent with development in Receivinq Lands, interim private water and sewer facilities may be approved. The maximum lot size allowable for a single-family detached dwellinq unit is one acre. The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the hiqhest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adiacent developments; and, creation, maintenance or enhancement of wildlife corridors. Minimum Proiect Size: The minimum proiect size required in order to receive transferred dwellinq units is 40 contiguous acres. Emerqency Preparedness: Text with single, underline or single xtri!:cthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... ~-~'~ ...... ~' reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 49 of 81 a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildinqs shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receivinq Lands shall work with the Collier County Emergency Management staff to develop an Emerqency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. b) Applicants for new developments proposed for Receivinq Lands shall work with the Florida Division of Forestry, Collier County Emergency Management staff, and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: proiect structural desiqn; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burnin.q on adjacent or nearby lands. Permitted Uses: Uses within Receivinq Lands are limited to the following: a) A.qricultural uses such as farminq, ranching, forestry and bee-keeping; b) Single-family residential dwellinq units, including mobile homes where a Mobile Home Zoninq Overlay exists. c) Multi-family residential structures shall be permitted under the Residential Clusterinq provisions of this plan subiect to the development of appropriate development standards to ensure that the transitional semi-rural character of the Rural Frin.qe Mixed Use District is preserved. These development standards include, but are not limited to: building hei.qhts; design standards; and, buffers and setbacks. d) Rural Villaqes, subiect to the provisions set forth in II. B.3 of this element. e) Dormitories, duplexes and other t.vpes of staff housing, as may be incidental to, and in SUDDOrt of~, .... '~"~"~ ;" """~ .... ~; .... ;"' conservation uses,==,at=a , _~.~ r-,.~, ..... * "'~'~ Group housing uses subject to the following densit.v/intensit.v limitations: · Famil.v Care Facilities: 1 unit per 5 acres; · Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR.___~ not to exceed 0,45, g) Staff housinq as may. be incidental to, and in support of, ;... .... v_..,_.._..v.." .... *~ ..... ..,,,,;*~' safety service facilities and essential services,~+" ~''~-; ..... ~ .... :':ith the Land Dcv'c_!s;msnt Cods; h) Farm labor housin,q limited to 10 acres in any sin.~__~ole location: ~ · Single famil.v/duplex/mobile home: 11 dwelling units per acre; · Multifamily/dormitory.: 22 dwelling units/beds per acre. Text with single, underline or single c;ri!:c:!:r~,::gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i.('z'~/.rz::g,.~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 50 of 81 i) k) Sporting and Recreational camps within which the Iodgina component shall not exceed 1 unit Der 5 gross acres; "'~ ,-,~r..~.-, :~ ..~.-, ~, ,~.^ .-,~;,,, ~,~ ..... .-, · Essential services := d:f!n=d Golf courses or driving ranges, subject to the following standards: (1) The minimum density shall be as follows: (a) For golf course projects utilizinq Density Blending Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. (b) For golf course projects not utilizinq Density Blending Provisions, including freestanding golf courses: the minimum density shall be one (1) dwelling unit per five (5) gross acres, and one additional dwellinq unit per five (5) gross acres for the land area utilized as part of the golf course, includin.q the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irriqated and retained in a natural state. The additional required density for such golf course development shall be achieved by acquiring TDRs from Sending Lands. (2) Golf courses shall be desiqned, constructed, and managed in accordance with Audubon International's Gold Siqnature Program. (3) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (4) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the followinq management practices: (a) The use of slow release nitroqen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an inteqrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irriqation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality (5) To ensure water conservation, golf courses shall incorporate the following in their desiqn and operation: (a) Irrigation systems shall be desiqned to use weather station information and moisture-sensing systems to determine the optimum amount of irriqation water needed considerinq soil moisture and evapotranspiration rates. Text with single, underline or single strikcthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~'-'~ ....... ~' reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 51 of 81 (6) (b) As available, .qolf courses shall utilize treated effluent reuse water (c) consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its policies; Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drouqht tolerant species. Stormwater manaqement ponds shall be designed to mimic the functions of natural systems: by establishin.q shorelines that are sinuous in configuration in order to provide increased lenqth and diversity of the littoral zone. A Littoral shelf shall be established to provide a feedinq area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements (7) Site preservation and native veqetation retention requirements shall be the same as those set forth in in CCME Policy 6.1.2.~~;* ......... '"~ These areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. I) Commercial development as permitted ~ as part of an approved Rural Village Within one year of adoption of these amendments, the County will develop appropriate standards for commercial development within Rural Villaqes, with particular focus on desiqn, scale, and access provisions that will maintain the rural character or semi-rural character of the District. m) Research and Technoloqy Parks. consistent with the Research and Technology Park Subdistrict provided for in the Urban designation, and within an approved Rural Village. Within one year of adoption of these amendments, the County will develop appropriate standards for Research and Technology Parks within Rural Villages, with particular focus on design, scale, and access provisions that will maintain the rural character or semi- rural character of the District. n) Zoo, aquarium, botanical garden, or other similar uses. o) Public and private schools, subject to the following criteria: · Site area and school size shall be subject to the General Educational p) Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal requlations. Facilities for the collection, transfer, processing and reduction of solid waste. Text with single underline or single xtrikcthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~:~'~ ....... ~' reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 52 of 81 q) Community facilities, such as, places of worship, child care facilities, cemeteries, social and fraternal organizations. r/ Sports instructional schools and camps. s/ Earth-mininq, oil ac, d=mmecat extraction and related processing. t) Asphalt and concrete batch-making plants. u) Travel trailer recreational vehicle parks, provided the following criteria are met: (1) The subject site is adjacent to an existing travel trailer recreational vehicle park sitel and~ (2) The subject site is no greater than 100% the size of the existing adjacent park site. Density Blending: Subiect to the provisions set forth in the density rating system. Open Space and Native Veqetation Preservation Requirements: a/ Usable Open Space: Within Receivinq Lands projects greater than 40 acres in size shall provide a minimum of 70% usable open space. Usable Open Space includes active or passive recreation areas such as parks, play.qrounds, .qolf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native veqetation and landscape areas. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parkinq and loading areas, shall not be counted towards required Usable Open Space. b/ Native Veqetation Preservation: Native veqetation shall be preserved as set B/ forth in ~,~-CCME Policy 6.1 2. "" ....... *; .... ~ ""'--"'"*"~ ~'~ ........ ~ Neutral Lands: Neutral Lands have been identified for limited semi-rural residential development. Available data indicates that Neutral Lands have a higher ratio of native veqetation, and thus higher habitat values, than lands desiqnated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. A lower maximum gross density is prescribed for Neutral Lands when compared to Receivinq Lands. Additionally, certain other uses permitted within Receiving Lands are not authorized in Neutral Lands. Within Neutral Lands, the following standards shall apply: 1. Maximum Density: 1 dwelling unit per 5 gross acres (0.2 units per acre/. 2. Clusterinq: Clustering of residential development is allowed and encouraqed. Where clustered development is employed, it shall be in accordance with the followinq provisions: a) If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- b/ elements of this Plan, central water and sewer shall be extended to the proiect. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. The maximum lot size is one acre. Text with single, underline or single ctri!czthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 53 of 81 c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native veqetation; connectivity to adjacent natural reservations or preservation areas on adiacent developments; and, creation, maintenance or enhancement of wildlife corridors. d) The minimum proiect size shall be at least 40 acres. Permitted Uses: a) Agricultural uses such as farminq, ranching, forestry and bee-keeping; b) Single-family residential dwellinq units, including mobile homes where a Mobile Home Zoninq Overlay exists. c) Dormitories, duplexes and other t.vpes of staff housinq, as may be incidental to, and in SUDDOrt of.__._~__,. ~'"'"'~ ~" ~""';'"'~; .... ;*~' conservation uses,~t~ ,-.-. v-r- v~."O .................... ~ ...... ..,, ,-, ................ r- ................. L:r.d Dc'.'c!c~mc.".t Oodc Group housin~uses subject to the following densit.v/intensity limitations: · Family Care Facilities: 1 unit per 5 acres: · Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio CFAR.____) not to exceed 0.45. e) Staff housinq as may be incidental to, and in support of. !.". c~'_'nct!_-m with safety service facilities and essential services,-'` -' '~''~'';'''; f) Farm labor housing limited to 10 acres in any sin~ole location:" · Single family/duplex/mobile home: 11 dwelling units per acre: · Multifamily/dormitory: 22 dwelling units/beds per acre. g) Sportin.q and Recreational camps~ within which the lodging component shall not exceed 1 unit Der 5 clFOSS acres: "" '""~;""'~ "" ""'~ "* "'" '"~"";*" bp', tho ta~d Dc'.'z!zF. mc~t h) Essential services ~ '~^~~"'~ r~ .... ~ ..... ~ ,-,~.~. i) Golf courses or drivinq ranges, subject to the followinq standards: (1) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Siqnature Program. (2) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, .qolf courses shall comply with the Best Manaqement Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (3) To protect ground and surface water quality from fertilizer and pesticide usage, .qolf courses shall demonstrate the followinq management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adiust timing and amount of fertilization applications; (c) The use of an inteqrated pest management pro.qram using both biological and chemical agents to control various pests; Text with single underline or single ~:ri!cethrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i.:zt.::'z:cZ,.: reflects proposed changes to the Transmittal language as adopted by the BCC on ,June 19, 2002. Page 54 o£81 (d) The coordination of pesticide applications with the timing and application of irriqation water; (e) The use of the procedure contained in IFAS Circular 1011, Mana.qin.q Pesticides for Goff Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be desiqned to use weather station information and moisture-sensing systems to determine the optimum amount of irriqation water needed considerinq soil moisture and (b) (c) evapotranspiration rates. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its policies; Native plants shall be used exclusively except for special purpose areas such as .qolf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native FIoridian species. At least 75% of the required native trees and shrubs shall (5) also be drought tolerant species. Stormwater manaqement ponds shall be desiqned to mimic the functions of natural systems: by establishinq shorelines that are sinuous in configuration in order to provide increased lenqth and diversity of the littoral zone. A Littoral shelf shall be established to provide a feedinq area for water dependent avian species. The combined lenqth of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements (6) Site preservation and native veqetation retention requirements shall be the same as those set forth in the Rural Frinqe Mixed Use District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development i) k) Code. These standards shall be established within one year. Zoo, aquarium, botanical garden, or other similar uses. Public and private schools, subiect to the followinq criteria: · Site area and school size shall be subiect to the General Educational I) m) n) Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subiect to all applicable State or Federal regulations. Facilities for the collection, transfer, processing and reduction of solid waste. Community facilities, such as, places of worship, child care facilities, cemeteries, social and fraternal orqanizations. Sports instructional schools and camps. Text with single underline or single xtri,tccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ..... ~'~'~ ....... ~: reflects proposed changes to the Transmittal language as adopted by the BCC on .June 19, 2002. Page 55 of 81 o) Earthmining~ oil extraction and related processing. 3. Native vegetation and preservation requirements: Native vegetation shall be preserved as set forth in *~'-' r, ........,; ....,~ r,~,~ .M"n"qcmcr. t '''~ .... * D..,;~., ~ '~ ~ r'r'~A~ Policy 6.1.2 C) Sending Lands: Sendinq Lands are those lands that have the hiqhest degree of environmental value and sensitivity and generally include siqnificant wetlands, uplands, and habitat for listed species. 1. ~ Sendin.q Lands are located entirely within the Rural Fringe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, t;Zr4mar~ Sending Lands are the principal target for preservation and conservation. Private Property owners of lands desiqnated as ~ Sending Lands may transfer density to Receivinq Lands within the Rural Frinqe Mixed Use District, and to lands within the Urban Desiqnated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are desiqnated ~ Sendinq Lands. ,?,2. Maximum Transfer Rate: Dwellinq Units may be transferred from ~ Sendinq Lands at a maximum rate of 0.2 dwelling units per acre (1 dwelling unit per five acres). D:':~llln,q Units ms',' bc trcncfcrrcd frcm Sccsndsr'/ Scndinq eGr:e~)~-. Transfers may only occur in whole number increments (fractional transfers are prohibited). In the case of legal nonconforminq lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one dwellinq unit may be transferred from said lot or parcel. To ensure appropriate compensation to land owners within Sendinq Lands, the Board of County Commissioners may adiust the maximum transfer rate; such an adjustment shall require a Growth Management Plan Amendment. The basis of such adiustment shall be an analysis of property values within Sendin.q Lands, and may include consideration of proximity of such properties to the urban area. Text with single underline or single xtri!ccthro::gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... ~'~'~ ..... :~' reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 56 of 81 4_~. Limitations and Procedures: a) Transfers shall not be allowed from sendinq lands where a conservation easement or other similar development restriction prohibits residential development. b) The transfer of units shall be recorded in public records utilizing a legal instrument determined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subiect property after all, or a portion, of the residential density has been transferred from the property. c) Where residential density has been transferred from Sendinq Lands, such lands may be retained in private ownership or may be sold or deeded by .qift to another entity. Permitted Uses: Permitted uses .~~..~., e~..~;~7 , ~.~.. are limited to the following: a) A.qricultural uses .... ~ ~ *~'~: ...... ~'~"~ * .... ~... ~.A^ , .... """ consistent with Chapter 823.14(6) Florida Statutes (Florida Riaht to Farm Act). b) Detached single-family dwellinq units, including mobile homes where the Mobile Home Zoninq Overlay exists, at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999, For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. c) Habitat preservation and conservation uses. d) Passive parks and other passive recreational uses. e) Sporting and Recreational camps~ within which the lodging component shall not exceed 1 unit Der 5 aross acres. ~ '~^'~ "~, ~"~ ~' *~" '~-"~" a!!o,::~d b;', thc tznd Dc:'c!c~mc~t Ccdc. f) Essential Services necessary to serve permitted uses identified in Section 5.a) through 5.e) such as the followinq: private wells and septic tanks; utility lines, except sewer lines; ........ ';** ~+"*~ .... '" ~ sewer lines and lift stations, only if located within non-NRPA Sending Lands, and only if located within already cleared portions of existing rights-of-way or easements, and if necessary, to serve the Rural Transition Water and Sewer District; and, water pumping stations necessary to serve the Rural Transition Water and Sewer Districtf, g) Essential services necessary to ensure public safety. h) Oil extraction and related processing. Where practicable, directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. ~5. Conditional Uses: Text with single, underline or single :tri!wthrc::gh reflects Transmittal language as proposed changes to the current Growth Management Plan, Text with double underline or double £t:'i,~zt.t::'c.::g.t: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 57 of 81 a) The followinq uses are conditionally permitted subject to approval throuclh a public hearinq process: (1) Essential services not identified above in 50 "~ "~'~'~ ~ '"^ '~"'~ De;':!cpm:nt C:_d:. Within one year, Collier County will review *~'~ ':~* ~,-,.:,-..,,-~ condlt!:.".a!!'/ ~:rm!tt:d essential services currently allowed in the Land Development Code and will define those uses intended to be b) 7. Where Lands, a) b) d) conditionally permitted in Sending designated lands. Durinq this one-year period or if necessary, until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sendinq designated lands shall be approved. (2) Public facilities, includinq solid waste and resource recovery facilities, and public vehicle and equipment storaqe and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existinq County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (43)Commercial uses accessory to permitted uses 5.a), 5.c) and 5.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subiect to the followinq additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required ElS as specified in Policy ~ 6.1.7 of the Conservation and Coastal Manaqement Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. residential density is transferred from~D"; ...... e .... ., .... Sendinq allowable uses shall be limited to the following: Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act). including water manaqement facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. Cattle grazing on unimproved pasture where no clearinq is required; Detached single-family dwellinq units, including mobile homes where the Mobile Home Zoninq Overlay exists, at a maximum density of one dwellinq unit per 40 acres. In order to retain these development rights after any transfer, up to one dwellinq must be retained (not transferred) per 40 acres. One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per each preexistinq lot or parcel of less than 40 acres. For the purpose of this provision, a preexistinq lot or parcel is one that was in existence on or before June 221 1999 and is: 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; Text with single underline or single stri!cc:hrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 58 of 81 or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwellinq must be retained (not transferred) per each lot or parcel. e) Habitat preservation and conservation uses. f) Passive parks and passive recreational uses. g) Essential services, as authorized in Sending Lands. h) Oil a~,=mis, er~ extraction and related processinq, excluding earth minin.q,=gf 7. Native Veqetation shall be preserved as set forth in thc ,--~..,.,.., ~A ........ ~ ,-, .... , o..,;..,. ~ -~ ~ CCME POI'Cy 6 1 8. Adjustment to the Sendinq Land Boundaries. For all properties designated Sending Lands where such property is contiguous to a Sending Land/Neutral Land boundary, or Sending Land/Receiving Land boundary, the County will provide written notice to the property owners to advise of the opportunity to submit additional data and analysis to the County in an attempt to demonstrate a change to the boundary is warranted. Said written notice will be provided within three months of the effective date of these Rural Fringe amendments. Within one year from the date these notices are sent, the County will initiate a Growth Management Plan amendment to consider boundary, changes, based upon the data and analysis, as may be warranted. Under the following conditions, adjustments may be ~ oroposed .to Sendinq Land boundaries: t~_e_). The property is contiquous to Neutral or Receivinq Lands; ~ Site specific environmental data submitted by the property owner, or other data obtained by the County. indicates that the subiect property does not contain characteristics warranting a Sending designation; ~ An adiustment to the Sendinq land boundary requires an amendment to the Future Land Use Map. 9. Collier County will identify lands owned by the county, state; or federal government which are designated Receiving or Neutral, and will work with the appropriate agencies to facilitate the swap of these lands for land that are under private ownership within the Sending designation or which are within targeted acquisition areas. D) Additional TDR Provisions: Within one year of adoption of this plan amendment, Collier County will amend its land development regulations to adopt a formal process for authorizinq and trackinq the Transfer of Development Rights. This process will include, at a minimum: 1. The establishment of a simple, expeditious process whereby private property owners may, by right, "sell" residential dwelling units from lands designated as "Sendinq Lands". Said units may then be "transferred" by right to lands desi.qnated as "Receivinq Lands". or to Urban Lands where authorized. Once Text with single, underline or single ~:ri!ccthraugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on .June 19, 2002. Page 59 of 81 established, the TDR program shall be administratively reviewed and approved, requiring no further public hearinq or Board approval if consistent with the provisions for administrative approval. The establishment of a process for trackinq and recordin.q all transfers of residential units in the public records of Collier County. This shall include the identification of the entity or department responsible for on-going administration of the TDR program. In addition, the County shall consider the feasibility of establishinq a "TDR Bank," to be administered by the County or some other not- for-profit governmental or quasi-governmental public aqency established for this purpose. The County shall consider and evaluate the funding options and sources of revenues for such a TDR Bank as part of the FY04 budget review process. Sources of funds to consider include, but are not limited to, General Fund revenues~ and federal and state grants and loans. A primary objective of the TDR Bank is to make funds available to support the TDR program by offerinc~ initial minimal purchase prices of TDRs. As part of these considerations, projections for an annual budqet for administration of the TDR program shall be developed which would include the projected costs and funding appropriation ~sccc!atcd w!th ?.!t!a! for the FY04 associated with initial purchase of residential development rights. 3. The establishment of a process to evaluate the TDR program and the deqree to which it is beinq utilized, culminatin.q in an annual report to the Board of County Commissioners on the Rural Frinqe Mixed Use District TDR program. 4. The TDR process shall be the only mechanism to achieve increased density within Receivinq Lands, excluding the Density Blending provisions of this Plan, and any density bonuses authorized in the Rural Fringe Mixed Use District. 5. A 25-year prohibition on utilizinq TDRs where a parcel within Sending Lands has been cleared for agricultural purposes, cffcctivc after June 2:2-1_~__, 2002. Buffers Adjacent to Major Public Riqhts-of-wa¥: In order to maintain and enhance the rural character within the Rural Frinqe Mixed Use District, within one year of adoption of this amendment, Collier County will adopt land development regulations establishinq bufferinq standards for developments adiacent to existing or proposed arterial and collector public roadways. These standards shall include, but are not limited to: applicability provisions, including establishinq a minimum proiect size below which these requirements shall not apply; the degree to which water features, including water management lakes and canals, may be a part of this buffer; credits for existinq native vegetation that is to be retained; and, credits toward any open space and native ve.qetation preservation requirements. Rural Villaqes: Rural Villaqes may be approved within the boundaries of the Rural Fringe Mixed Use District in order to: maximize the preservation of natural areas and wildlife habitat within the Rural Frinqe Mixed Use District; to reduce the need for residents of the District and surroundinq lands to travel to the County's Urban area for work, recreation, shopping, and education; and, to enhance the provision of limited urban and rural levels of service throuqh economies of scale. Rural Villaqes shall be comprised of several neighborhoods designed in a compact nature such Text with single underline or single x~,ri!cc:hr,~:~,!: reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on ,June 19, 2002. Page 60 of 81 that a majority of residential development is within one quarter mile of Neighborhood Centers. Neighborhood Centers may include small scale service retail and office uses., and shall include a public park~ square~ or green. Village Centers shall be designed to serve the retail~ office~ civic, government uses and service needs of the residents of the village. The Village Center shall be the primary location for commercial uses. Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between villages and the Iow density rural development, agricultural uses: and conservation lands that may surround the village. Villages shall be designed to include the following: a mixture of residential housinq types; institutional uses; commercial uses; and, recreational uses, all of which shall be sufficient to serve the residents of the Villaqe and the surroundinq lands. D .... , ~/;,, ..... ~.~,, ;-~,...~ ........ ~ ~^~'-'-'--~'~^'~ ;""""~ .... "' ...... *"'" The Vi!!_.,~c sc~tcr ch:!l bc thc !ssst!c.". f'2r ccmm-srslsl '_'scs. In addition, the followinq criteria and conditions shall apply, except for those modifications that are identified in the North Belle Meade Overlay: A) Process for Approval: Within one year of the date of adoption of this amendment, the Collier County Land Development Code shall be amended to include provisions for the establishment of Rural Villages. These provisions will establish specific development requlations, standards, and land use mix requirements. Subsequent to the creation of these provisions, applications shall be submitted in the form of a Planned Unit Development (PUD) rezone and, where applicable, in coniunction with a Development of Reqional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in coniunction with any other Florida provisions of law that may supercede the DRI process. B) Locational Restrictions: 1. A Rural Village may shall not be located any closer than 3.0 miles from another Rural Villaqe. 2. No more than one Rural Village may be located in each of the distinct Receiving Areas depicted on the FLUM. 3. A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively: access to the Village may be via a new collector roadway directly accessing an existina arterial, the cost of which shall be borne entirely by the developer. 4. A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exist or are planned. C) Rural Village Sizes and Density: 1. Rural Villaqes shall be a minimum of 300 acres and a maximum of 1,500 acres, except within Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. The Rural Villaqe size is exclusive of the required green belt area. Rural Villages shall include a Village Center and a minimum of two distinct neiqhborhoods. 2. The minimum and maximum .qross density of a Rural Villaqe shall be 2.0 units per gross acre and 3.0 units per acre, respectively. The density calculation for a Rural Village may include the base residential density Text with single underline or single stri!ccthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 61 of 81 permitted for the green belt area, if such density is shifted to the Rural Villaqe area. 3. Density may be achieved as follows: a/ The base density for the Aqricultural/Rural Desiqnation of 0.2 dwelling units per acre (1.0 dwellinq units per five acres/for lands within the Rural Village, and the land area desi.qnated as a .qreenbelt surroundinq the Rural Villaqe, is granted by right for allocation within the desiqnated Rural Village. b) The additional density necessary to achieve the minimum required density for a Rural Villaqe shall be achieved by an equal amount of TDRs and bonus units. That is, for each TDR acquired one bonus unit shall be granted. c) Additional density between the minimum and maximum amounts established herein may be achieved throuqh TDRs, and/or throuqh a 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers,, and/or throuo-h a density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native veo-etation preserved exceedino- the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. Within one (1) year of the effective date of these Rural Frino-e amendments~ the County will amend the land development code to establish the followina: a definition of "workforce housino-;" minimum qualifications for the above referenced density bonus; and: a minimum percent of the allowable density that shall meet the definition of workforce/affordable housina within a rural villao-e. D) Land Use Mix: 1. Acrea_~e Limitations a/ Neighborhood Center - 0.5% of the total Villao-e acreao-e: not to exceed 10 acres, within each Neio-hborhood Center. b) Neighborhood Center Commercial - Not to exceed 40% of the Neio-hborhood Center acreage and 8:500 square feet of o-ross leasable floor area per acre. c) Villao-e Center - Not to exceed 10% of the total Villao-e acreao-e. dl Villa_oe Center Commercial - Not to exceed 30% of the Villao-e Center acreage and 10,000 square feet of o_ross leasable floor area per acre. e) Research and Technoloo-y Parks - Consistent with the provisions of the Research and Technology Park Subdistrict in the Urban Mixed Use District~ excluding para_~raph i.; the Park shall not exceed 4% of the total Villao-e acreage. f/ Civic Uses and Public Parks - Minimum of 15% of the total Villao-e acreao-e. E) Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, villa.qe greens, and other open space within the Rural Village, a greenbelt averaging 500 feet in width but not less than 300 feet in width, shall be required at the perimeter of the Rural Villa.qe. The Greenbelt is required to ensure a permanent un-developable edqe surroundinq the Rural Village, thereby discouraging sprawl. Greenbelts ~ shall only be designated on Receiving Lands. The allowable residential density shall Text with single underline or single stri!rcthrc, ugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:c:!::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 62 of 81 be shifted from the designated Greenbelt to the Rural Villaqe. The greenbelt may be concentrated to a greater deqree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adiacent natural reservations, or provide for wellfield or aquifer protection, Golf courses and existing agriculture operations are permitted within the greenbelt, subiect to the native vegetation preservation requirements specified below in paragraph 2. However: golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior or exterior boundary.); further,, these turf areas shall only be located in previously cleared: or disturbed areas (see CCME Policy 6.1.2(1)). Open Space and Native Vegetation Retention. a) Native Veqetation shall be preserved as set forth in the Conservation and Coastal Management Element Policy C~=4=6.1.2. b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a minimum of 70% of Open Space shall be provided. 3. An environmental impact statement for the Rural Villaqe and surroundinq greenbelt area shall be submitted an accordance with Policy ~ 6.1.7 of the CCME. :Ee:E) Di,hl]~, r-~:l;.I,; .... ,~1 e~.,:~. I~i~,-o~ Neutrality: A Rural Village may only be __ I ~ .................. q,.- ..... ~.~o ~l,~'¥1~l~ i - approved after demonstration that the Village will be fiscally neutral to county taxpayers outside of the Village. 1. An analysis shall be conducted and submitted in conjunction with the PUD rezone and/or DRI application evaluating the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. This evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary t=oo support the Village, Additionally. this analysis shall demonstrate that the costs of providing necessary facilities and services shall be fiscally neutral to County taxpayers outside of the Village. At a minimum, the analysis shall consider the followinq: a) Stormwater/drainaqe facilities; b) Potable water provisions and facilities; c) Reuse or "Grey" water provisions for irrigation; d) Central sewer provisions and facilities; e) Park facilities; f) Law enforcement facilities; .q) School facilities; h) Roads, transit, bicycle and pedestrian facilities and pathways; i) Solid Waste facilities. 2. Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program. Accordingly, there shall be no deqradation to the adopted level of service for public facilities and infrastructure identified above. F-G_) As part of the development of Rural Village provisions, land development regulations shall identify specific desi.qn and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Text with single underline or single xtri!c~thrc.;;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 63 of 81 Village character and shall include requirements for parks, .qreens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or N~eighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the followinq shall be addressed: 1. Rural Villaqe, Villa.qe Center and neiqhborhood design guidelines and development standards: · A formal street layout, using primarily a .qrid desiqn and incorporating village greens, squares and civic uses as focal points. · Neighborhoods and the village center will be connected throuqh local and collector streets and shall incorporate traffic calminq techniques as may be appropriate to discourage high-speed traffic. · Consideration shall be .qiven to the location of public transit and school bus stops. · Pedestrian paths and bikeways shall be desi.qned so as to provide access and interconnectivity. · The sitinq of both schools and housing units within the villaqe shall consider the minimization of businq needs within the community. · Each Rural Villaqe shall be served by a binary road system that is accessible by the public and shall not be gated. The road system within the village shall be designed to meet County standards and shall be dedicated to the public. · A Rural Villaqe shall not be split by an arterial roadway. · Interconnection between the Rural Villaqe and adiacent developments shall be encouraqed. 2. Specific allocations for land uses includinq residential, commercial and other non-residential uses within Rural Villaqes, shall include, but are not limited to: · A mixture of housinq types, including single-family attached and detached, as well as multi-family. Housing that is provided for lower income residents and for entry level and workforce buyers shall receive a credit of 0.5 units for each unit constructed. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determininq the rental and fee-simple market rates that will qualify for such a credit, and a system for trackinq such credits. · A mixture of recreational uses, includinq parks and village greens. · Civic, community, and other institutional uses. · A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neiqhborhood centers and the Villaqe Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellinqs generally occurring as development extends outward from the Villaqe Centers. · A mixture of retail, office, and services uses. 3. Specific development standards, including but not limited to, maximum net densities; required yards; landscaping and bufferinq, and building heights. 4. If requested by the Collier County School Board durinq the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walkin.q distance to the schools. Accordin_~ly, schools, if requested, shall be located within or adjacent to Text with single, underline or single stri!rethrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 64 of 81 the Villaae Center. Where a school site is requested and provided, a credit toward any applicable school impacts fees shall be provided based upon a, independent evaluation/appraisal of the value of the land and/or improvements provided by the developer. Exemptions from the Rural Frin.qe Mixed Use District Development Standards - prc':!~c~ lc; in thc F!?.c! ~;~c.", T~he requirements of this District shall not apply to, affect or limit the continuation of existin.q uses. Existin.q uses shall include: those uses for which all required permits were issued prior to June 19, 2002: ~or ~ projects four which a Conditional use or Rezone petition has been approved by the County prior to June 19. 2002: cc~'~''''~'~ ......... ,.,. ....................... or, land use petitions for which a completed application has been submitted 5',' th__. r'__-"-'.".t'; prior to ¢u~ June 19; 2002. The continuation of existin.q uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existinq uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Chanqes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Frinqe Mixed Use District as Ionq as they do not result in an increase in development density or intensity. (I) BC. Rural - Industrial District The Rural - Industrial District, which encompasses approximately ~ 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subject to the Interim Development Provisions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural- Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technoloav: g Laboratories; h. Assembly; i. Computer and data processing: j. Business services: Text with single underline or single x'~ri!:,zt?c:~g!: reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 65 of 81 Other basic industrial uses as described in the Industrial Zoning District in the Land Development Code; Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code: and, Support commercial uses, such as child care centers and restaurants. (V)CD. Rural - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards. II1. ESTATES DESIGNATION The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from supportive services and facilities. Expansion of the area shall be discouraged. Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. V. CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays~ 3,qd wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County~ which are primarily owned,~.,""~"""'a",,, ,,~, ,,J, by the public, although private in-holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired by public entities or private land manaqement or conservation groups. Text with single underline or single stri!c~,thrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 66 of 81 (i) Natural resource protection strategies and Sstandards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are pecmit~ authorized in this Des nation: .... ~ ......................... ~ .................................... AGdc,Jlt,Jra~/R,Jra~ Dcs~G~t~c~ Dgccd~t~on Scot,on: a. For privatel~ held lands: 8~ingle family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in-holdings within the Big Cypress National Prese~e - each dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in-holdings within the Big Cypress National Prese~e. This Plan does not allow residential densit~ on publicly owned lands. b. For publicl~ and privatel~ held lands: D~ormitories, duplexes and other ~ t~pes of housing, as may be incidental to. and in SUDDO~ of. c. Group housing uses~.~* -~ ~;*"-- ..... · ...; ...... ____.__..__ ~ .... , .....* ~ subiect to the following density/intensity limitations: · Family Care Facilities: 1 unit per 5 acres; · Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45.; L~ Spoding and Recreationa~ camps incidental to Conservation uses on public lands; or~ on privately held lands~ within which the Iodeing component shall :c ~cfinc~ % :n~ ct the ~-~;,,, -,, ..... ~ ~.. ,~, -~ ~ .... '~;~' ~ not exceed 1 unit Der 5 Gross acres: e. Habitat prese~ation and conse~ation uses; g. Ess~-+~ .... ~ ....s ........ n .... ~ .....* Code; h.f. Passive Pparks, ~ and other passive recreational uses; Community ~,~,m ...... ~ -- church~s by thc St:to 9::rd :f Ed'Jcat~cn. j:. Ccmmercia! uses accesscw to other permitted operation o¢" D-,,t, ,,, D ....... ; m. EaCh mblng; Text with single underline or single stri!c~thrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 67 of 81 ~,--;-.." .... Aaricultural uses consistent with ¢ ..... * "" ';'";'^`4 bV Chapter 823.14(6} P~. cl., ,~ ........._ ~--~ ............ Florida Statutes (Florida Right to Farm Act); and, h. Essential Se~ices necessary to se~e permitted uses identified in Section a throuah a above such as the following: private wells and septic tanks; utilit~ lines~ except sewer lines; ccw~: ~f~ :t~t~ :nd sewer lines and lift stations~ only if located within non-NRPA Conservation Lands~ and onl~ if located within alread~ cleared po~i0ns of existing riohts-of- way or easements, and if necessa~ to se~e a publicly owned or privately owned central sewer system providing se~ice to urban areas and/or the Rural Transition Water and Sewer District; and, water pumpina stations necessar~ to se~e a publicly owned or privatel~ owned central water s~stem providing se~ice to urban areas and/or the Rural Transition Water and Sewer District. i) Essential se~ices necessa~ to ensure public safety. ~j) Oil extraction and related processing. Where practicable, directional-drilling techniques and/or previousl~ cleared or disturbed areas shall be utilized to minimize impacts to native habitats. The following uses may be permitted as Conditional Uses: a) The folowing uses are conditionally permitted subiect to approval throu.qh a public hearing process: (1) ........ :~..:_-'c: .................... ,.. ......................... ,~-., · ........ . .... ~ ..................... ,.~. ...... Essential services not identified above in Paragragh h. Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended b) to be conditionally permitted in Conservation designated lands. During this one-year period or if necessary until a comprehensive plan amendment identifyina conditionally permitted essential services, no conditional uses for essential services (2) (3) (4) within Conservation designated lands shall be approved. Staff housinq in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code, as it existed on June 19T. 2002i.. ........................................ r-' '"'~"~'~'~ '.'~, ~'"""~"'" '.'~ ....... .%~-t., Commercial uses accessory to permitted uses e, f and g above, such as retail sales of produce accessory to farminq, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subiect to the followinq additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required ElS as specified in Policy ~.7.8 6.1.7 of the Conservation and Coastal Manaqement Element. Text with single, underline or single stri!cct?ough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double .... ~-~'E ......~- reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 68 of 81 (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established bythe 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. b. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper- (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. d. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime Text with single, underline or single xtrikct!:rcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double 14nderline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 69 of 81 and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Draina.qe a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, dived, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems Text with single underline or single ,tr!!rc:hrc:~p,h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:z:!::'~::p,.~: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 70 of 81 and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the 100- year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". Management E!em~nt and thc Land Development Regu~=tions. B. North Belle Meade Overlay The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for in Receivinq, Neutral, NRPA and non-NRPA Sendinq Lands. Development and preservation standards within this Overlay shall be as provided herein. IN GENERAL The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This area, designated as the North Belle Meade Overlay, comprises +24 sections of land ~+ 15,552 acres+ depending on the size of individual sections) ~ and is depicted on the Future Land Use Map and North Belle Meade Overlay Map E-:~,it~. The NBM Overlay area is unique to the Rural Frinqe area because it is surrounded by areas that are vested for development on three sides. Because this area is larqely undeveloped and includes substantial vegetated areas, the Sendinq Lands can and do provide valuable habitat for wildlife, includinq endangered species. Within the NBM Overlay area are also areas that have Text with single underline or single s',ri!ccthrc::gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 71 of 81 been previously impacted by canal construction and past clearinq and agricultural practices which have altered the natural hydroperiod. The challenge for the NBM Overlay area is to achieve a balance of both preservation and opportunities for futuru development that takes into account resource protection and the relationship betwee,~ this area and the Estates developing around the NBM Overlay area. Accordingly a moru detailed and specific plan for the NBM Overlay is set forth herein. Unless otherwise specifically stated, no other Goals, Obiectives and Policies of the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Elemenl. in the Growth Management Plan or implementing LDRs, including specifically but not limited to wetlands and wildlife protection, shall be applicable to the NBM Overlay Receiving Lands other than this NBM Overlay Plan and its implementinq LDRs. On Receiving Lands any development shall comply with the non-environmental administrative review procedures of Collier County for site development plans and platting.. Within the NBM Overlay there are four distinct areas, as depicted on the Future Land Use Map and Map series, that require separate treatment based on existing conditions within this area. These areas include the Natural Resource Protection Area (NRPA), the Receiving and the Sending Areas for the transfer of development rights, and a Neutral area, which is neither a Sending nor a Receivinq Area comprising a_two sections ~ pc."t.!cn ........ of land. or -'- 7_?.4 ....... ,~.;,.,^,~ .... r-~.;~.;~ ,,^,, It is the intent to perform the physical panning of the NBM Sending Lands within twelve (12) months after the effective date for Red Cockaded Woodpeckers, Greenways and Wildlife Crossings. Planning Considerations 1. Wildlife Crossing and Wildlife Corridor * The County should support construction of a wildlife crossinq under 1-75 connecting the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. 2. Transportation *An existing access road (presently providin.q access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Ranqe 27 East may be maintained and improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extendinq to the south to Interstate 75 via an interchanqe or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road alonq an extension of Wilson Boulevard to service earth mininq activities with a connection throuqh Sections 32 and 31 to Landfill Road. * Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezonin,q. The right-of-way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. 72 Text with single underline or single strih~thrcugh reflects Transtnittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. * Within one year of June 19, 2002, the alternative aliGnments for east-west roadway, connecting County Road 951 to an extension of Wilson Boulevard, shall be evaluated and assessed for the Board's consideration. The roadway's alionment shall be determined with public input and taking into consideration the followinG, at a minimum: 1. Usefulness as a route for truck traffic c~enerated from any earth mining operations in NBM: 2. Usefulness as a link in the County's major roadway network; 3, Avoidance of residential neighborhoods, to the extent feasible and prudent; 4. Avoidance of environmentally sensitive wildlife habitaL wildlife corridors~ or greenways; to the extent feasible and prudent; 5. The costs of construction, including any related design, permitting, and mitigation costs; and 6, The costs of acGuiring necessary riGht-of-way. Alignments considered for such east-west roadway shall include extension of the existing Landfill Road= extension of the existing Keane and Brantley Roads; extension ol the existing Green Boulevard= and any other alignment deemed feasible and prudent. In consideration of the recommended alignment, the Board shall consider the level ot public benefit as provided in subparagraph 2 above in determining the proportionate public/private funding in subparagraphs 5 and 6 above and the method and timing any public resource allocation to the project. *The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern ½ of the western 1/4 of Sections 22 and 27 which would consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversin.q publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or .qreenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road, any new roads and improvements to existinq roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and lar.qe terrestrial animal crossinqs pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses throuqh the Sendinq Area shall be desiqned with aquatic species crossinqs and small terrestrial animal crossinqs. The implementin.q Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. 3. Greenway *A NBM Greenway shall be created within the NRPA or sending lands followinq natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. 4. Red Cockaded Woodpeckers (RCW) 73 Text with single underline or single strilz~thrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19. 2002. *RCW nesting and fora.qing habitat shall be mapped and protected from land use activities within Sending Lands~and Section 24 designated Neutral Lands. Althouqh RCW nesting and foraging habitat shall be mapped within all Sending areas within the NBM Overlay, this shall be accomplished by a study specific to Section 24 conducted by Collier County within one year of the effective date of the NBM Overlay. Within Section 24, the ~ Neutral designation may be adiusted based upon the findings of the updated RCW nesting and foraqing habitat study. NRPA The NBM NRPA includes seven sections of lands and three partial sections or a total of + 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations o[ wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. E×h!~!t "P."~. This consideration combined with the fraqmented ownership pattern and thu state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. Planning Considerations 1. Consolidation * The County should amend the Land Development Code to encouraqe further consolidation of small parcels. 2, Public Acquisition * The County and the property owners should support acquisition of privately owned land in the NBM NRPA area as a mechanism for protection. 3. Sendin.q Area * The NBM NRPA shall be designated as a sendinq area for the Transfer of Development Ri.qhts (TDR). 4. TDRs *Owners of lands located in the NBM NRPA may transfer their development rights to Sections 21 and 28 and the west 1/4 of section 22 and 27, and/or other suitable locations within the Rural Fringe Area at a ratio of 1 unit per 5 acres from Sendin.q Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is greater. C. RECEIVING AREAS Within the NBM Overlay, Receivinq Areas are identified for clusterinq of residential dwellinq units, central water and sewer service, and for the transfer of development rights and comprise +_ 3,368 acres in the northern and northwestern portions of the NBM Overlay. The Receiving Areas are generally located in the northern portion of NBM Overlay and are generally contiquous to Golden Gate Estates. Two sections are directly to the south of the APAC Earth Mininq Operation. The Receiving Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are located Sections 21, 28 and the west % of Sections 22 and 27, which have been larqely assembled under one property ownership. These lands are located south of the existinq APAC earth mininq operation and have been larqely impacted by agricultural operations. The location Text with single underline or single ............. ~,,. reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. of Sections 21 and 28 is iust to the south and west of Wilson Boulevard located in the southern portion of north Golden Gate Estates. Because an earth mining operation and asphalt planl. uses have existed for many years in the area, and the surrounding lands in Sections 21,28 and the western halves of Sections 22 and 27 are reported to contain ~ Florida Department of Transportation grade rock for road construction, these uses are encouraqed to remain and expand o~ e^~;~.. ,~ ~.-, ~o ~r:..~ ~n *~' ...... * ......."* .... ~ o~^~..~.... ,~,~ ~.., ,¥7 However.. until June 19, 2004, minino operations and an asphalt plant may be expanded only to the western half of Section 21 and shall not generate truck traffic beyond average historic levels. If by June 19. 2004, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east-west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. If no such designation has been made by June '19, 2004. any minino operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use, unless the mine operator upon failure to attain Board selection of an alignment commits by June 19.. 2004 to construct a private haul road by June 19, 2006 without the allocation of any public funds ..................... ,-,- ................ -~ ....................... ~ ....... ~' ..... County's existing excavation and explosive requlations shall applv to all mining operations in these areas_. The extension of Wilson Boulevard to the south with an ultimate connection to the vicinity of Interstate 75, will serve to alleviate traffic congestion on Golden Gate Boulevard and serve as an alternate evacuation route for Golden Gate Estates. Sufficient area for riqht-of-way is available at the present time for the extension of this roadway. Additional right-of-way area may be required outside of Sections 21 and 28. Because of the proximity of Sections 21 and 28 and west 1/4 of section 22 and 27 to Golden Gate Estates, as well as other locations in the NBM Overlay Receivinq Area, they are a logical locations for the development of a Rural Villa.qe or Neighborhood Villaqe Center with a mix of uses which may include clustering of residential uses and civic and institutional uses, includinq limited retail uses at an intersection to be established with Wilson Boulevard. Planning Considerations 1. North Belle Meade Rural Villa.qe The standards for the Rural Villages/Commercial in the NBM Overlay Receivinq Area shall be generally the same as provided for in the Rural Frinqe Mixed Use District, however, because of the NBM Receivinq Area's location adjacent to Estates, the NBM NRPA, and other Sendin.q lands, it does not have access to existinq commercial uses, which should be encouraqed on NBM Receiving Lands. The followinq exceptions shall apply: * The minimum gross density shall be 1.5 dwellinq units per gross acre and a maximum of 3 units per gross acre. * A minimum of .5 dwellinq units per .qross acre shall be acquired throuqh the transfer of development ri.qhts. Sidewalks shall be required on both sides of the streets in the NBM Rural Villaqe Text with single underline or single ~trikcthrc'~'g,h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. 75 * Greenbelts shall not be required for any NBM Receiving Lands includinq any Rural Village. * Schools should be located within the NBM Rural Village whenever possible in order to minimize busing of students and to ~ co-locate schools with public facilities and civic structures such as parks, libraries, community centers, public squares, greens and civic areas. Elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adiacent to the Rural Village Center, provided such local streets provide adequate access as needed by the School Board. D. SENDING AREAS Within the NBM Overlay are + ~ 4,598 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and +5 and % sections west of the NRPA~ ,e^.. ~.;~.;, ,,^,,~ The sendinq areas are locations where residential development is d scoura.qed. Endanqered and threatened species are located within the Sending Areas, includin.q colonies of Red Cockaded Woodpeckers~ ,/ccc--.r-"~'=~'~*~.. "^"~.. ,. Therefore, the protection of endangered and threatened species ncluding the protection of habitat are primary planning considerations in this area. Planning Considerations 1. TDRs *Strongly encourage the transfer of development riqhts from the NBM Sending Areas to other locations within the Rural Frinqe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. 2. Mitigation Credit * Lands located in the NRPA and the adioining buffer areas, which will be dedicated to a public or private entity for conservation use may also be credited towards meeting any governmental mitigation requirements and on a one to one acreage basis towards meeting the onsite vegetation preservation requirements of NBM Receivinq Lands. 3. Habitat Protection * The Goals, Obiectives and Policies of the Conservation and Coastal Manaqement Element for wildlife habitat protection shall apply to NBM Sending Lands. 4. Public Acquisition *The County should support the public acquisition of Sendinq areas in the NBM Overlay, particularly in locations where endangered or threatened species are located. E. NEUTRAL LANDS Within the NBM Overlay there are + 1=280 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two ¼ sections located at the northeast corner of this Overlay and Section 24 located in the northwest portion of this Overlay. The preservation standards for Text with single underline or single strl/ret!:rcz~g!: reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands. The County will perform an RCW study for Section 24 and. if the results of the study warrantr, the Plan will D.C. Natural Resource Protection Area Overlay The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect endangered or potentially endanqered species and to identify large connected intact and relatively unfra.qmented habitats, which may be important for these listed species. NRPAs may include maior wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County or private acquisition efforts. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. Belle Meade; 5. South Golden Gate Estates 6. Okaloacoochee Slough (interim); and 7. Camp Keais (interim). NRPAs located in the Rural Fringe Mixed Use District, or on nearby or adiacent Conservation Designated Lands are identified as ~ Sendin.q Lands. Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands. Natural Resource Protection Areas (NRPAs) that are not identified as "interim" above shall have the followina standards: 1. Veaetation Retention and Site Preservation - Calculated at the higher value of 90% of the native veaetation present or 90% of the total site area, or as may otherwise be permitted under theDensity Blending provisions of the FLUE. Applicable standards provided for in CCME Policy 6.1.2 shall also aoDIv; 2. Listed species protection shall be provided for as specified in CCME Policy 7.1.2; 3. Permitted and conditional uses for publicly owned lands within an NRPA Overlay shall be those as set forth under the Conservation Desianation. 4. For privately owned lands within a NRPA Overlay and designated Sending lands or EstateSr. respectively: permitted and conditional uses shall be those as set forth in the Rural Fringe Mixed Use District for Sendina Lands. 5. For privately owned lands within a NRPA Overlay and designated Estates; permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan. in recognition of Florida's private property rights laws. As these privately owned Estates Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to Conservation. 6. There are approximately 15 sections of privately owned land within a NRPA Overlay that are not designated Sending and are not located within the Rural Fringe Mixed Use District Text with single underline or single stri!ccthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:zt!::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 7 7 (where all Sendino Lands are located). Eioht (8) of these sections., known as the "hole-in- the-doughnut" are located within the South Golden Gate Estates NRPA and surrounded by platted Estates Iots~ almost all of which have been acquired by the State under the Florida Forever proaram as part of the Picayune Strand State Forest. The remaining seven (7) sections are within aA approved mitioation bank located north and west of Corkscrew Swamp Sanctuary. Uses on these seven sections are limited to restoration and mitiuation and; at the completion of this restoration process.T these lands will be deeded to a land manaaement entity for conservation purposes. As these privately owned Agricultural/Rural Desianated lands are acquired for conservation purposes., the Plan will be amended to Chanae the Desianation to Conservation. Until such time., in recognition of Florida's private property riahts laws; permitted and conditional uses for these privately owned lands shall be those set forth in the Agricultural/Rural Mixed Use District. G. D. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. (IV) D-E. Bayshore/Gateway Trian.qle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on March 14, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses plus hotel/motel use. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby Text with single underline or single xtrik~thrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 7 8 o residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. Properties with access to US-41 East are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #9, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards to be approved by the Board of County Commissioners at a later time. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. Properties with access to Bayshore Drive, as identified in the Bayshore Drive Mixed Use Zoning Overlay District, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the property must meet the specific development standards that will apply to residential and mixed-use development along the Bayshore Drive corridor, and must comply with the standards identified in Paragraph #9, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. The Bayshore Drive Zoning Overlay will be developed and adopted into the Land Development Code in the present or next available amendment cycle. Expansion of existing commercial zoning boundaries along Bayshore Drive within the Bayshore Drive Mixed Use Zoning Overlay District will not be allowed until the zoning overlay is in place. Non-commercially zoned properties within the Bayshore Drive Mixed Use Zoning Overlay District may be eligible for in-fill, Iow-intensity commercial development provided they meet the criteria listed below: If one parcel in the proposed project abuts commercial zoning on one side, the commercial zoning may be applied for the entire project site. The following requirements must be met: joint access and/or vehicular interconnection; pedestrian Text with single underline or single xtri!crthro'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 7 9 interconnection; and the entire project site must comply with Division 2.8 of the Land Development Code, as may be modified by the Bayshore Drive Mixed Use Zoning Overlay. The depth of a parcel for which commercial zoning is sought may exceed the depth of the abutting commercially zoned property. Adequate buffers must be provided between the commercial uses and non-commercial uses and non-commercial zoning. c. The project must be compatible with existing land uses and permitted future land uses on surrounding properties. Parcels currently within the boundaries of Mixed Use Activity Center #16 will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. To qualify for 12 dwelling units per acre, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following standards: a. Buildings containing only commercial uses are limited to a maximum height of three stories. Buildings containing only residential uses are limited to a maximum height of three stories except such buildings are allowed a maximum height of four stories if said residential buildings are located in close proximity to US-41. c. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels/motels will be limited to a maximum height of four stories. e. For purposes of this Overlay, each 14 feet of building height shall be considered one story. f. For mixed-use buildings, commercial uses are permitted on the first two stories only. g. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. Text with single underline or single strikcthr~',:;Z,h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 8 0 10. h. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a -g. For properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. For properties within the Coastal High Hazard Area (CHHA), only the affordable housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses as provided in #4 and #5 above for that portion of the Overlay lying within the CHHA, except that 156 dwelling units with direct access to US-41 East shall not be counted towards this 388 dwelling unit limitation. These 388 dwelling units correspond with the number of dwelling units to be rezoned from the botanical gardens sites, as provided for below, resulting in a shift of dwelling units within the CHHA. There is no such density bonus limitation for that portion of the Overlay lying outside of the CHHA. 12. The Botanical Garden, Inc. properties located in Section 23,Township 50 South and Range 25 East and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 13. Within one year of the effective date of this amendment establishing the Bayshore/Gateway Triangle Redevelopment Overlay, the properties to be developed with a botanical garden or other non-residential use, will be rezoned from the present 388 residential zoning districts to a non-residential zoning district(s). No portion of the dwelling unit density bonuses within the CHHA can be utilized until a corresponding number of dwelling units has been rezoned from_the botanical gardens site(s), as provided for above. (IV) FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map (I) Wellhead Protection Areas Bayshore/Gateway Triangle Redevelopment Overlay Map North Belle Meade Overlay Ma_o Text with single underline or single stri!cct?cugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 81 Z 0 Z .- l~ COLLIER BOULEVARD (C.R. 951) R~8 ~ ~ ~ EtERGLADE;~ BOULE~/ARD ~ T 49 S T 48 S J COLLIER COUNTY GROVVTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, '1997 AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Symbol Date Amended May 9, 2000 May 9, 2000 May 9, 2000 Ordinance No. Ordinance No. 2000-25 Ordinance No. 2000-26 Ordinance No. 2000-27 Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal Management Element (Ord. No. 97-66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97-67); and re-adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Ordinance No. 99-82, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, pursuant to the Final Order dated June 22, '1999, in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). This Ordinance was found "in compliance" by DCA, that determination was Challenged, an Administrative Law Judge issued a Recommended Order that sided with DCA, and DCA issued a Final Order finding the Ordinance "in compliance." Indicates adopted portions Note: the support document will be updated as current information becomes available. Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES. OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1.1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.4: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. Text with single underline or single strikcthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double t~nderline or double z::'i!:c:!::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page I of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 1.1.7: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by established water-shed and sub-basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC-99-002 dated June 22, 1999, complete the phased delineation, data gathering, management guidelines and implementation of the NRPA program as part of the required Collier County Rural and Agricultural Assessment. The purpose of NRPAs will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", Text with single underline or single stri!cct!:rcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'iJ:ct.t::':.::Z,!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 2 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element published by the Florida Game and Fresh Water Fish Commission, the predecessor agency of the Florida Fish and Wildlife Conservation Commission) and their habitats. Pursuant to the Administration Commission Final Order, the County has mapped and identified the Camp Keais Strand, CREW Lands, Okaloachoochee Slough, Belle Meade and South Golden Gate Estates as NRPA's, with the express understanding that during the Rural and Agricultural Assessment (Assessment) required by the Final Order, the goal of assisting in the protection of endangered species and their habitat will be further addressed and that appropriate protection measures will be incorporated into comprehensive plan amendments to be adopted at the conclusion of the Assessment. In the interim, and during the Assessment, a development moratorium as set forth in the Final Order and in Ordinance 99-77 will be in place until comprehensive plan amendments are adopted. The County has determined that the development moratorium, the NRPA boundaries approved November 23, 1999, and the additional restrictions that apply within the existing Area of Critical State Concern provide sufficient protection for these resources on an interim basis until adoption of the final comprehensive program to protect these resources. In selecting the final comprehensive program the County, as part of the Assessment, will evaluate the NRPA program and its criteria and implementation as well as other programs which may better provide adequate protection to the resources. Policy 1 .$.1: The program will, subject to completion of the Assessment and adoption of the comprehensive plan amendments, include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map. Pursuant to the Final Order, the general areas of Camp Keais Strand, CREW Lands Okaloachoochee Slough, Belle Meade and South Golden Gate Estates have been mapped and identified as NRPAs on the Future Land Use Map. These areas shall be further refined as the Assessment is implemented as a collaborative and community- based effort. All available data shall be further considered and refined during the Assessment to determine the final boundaries of these NRPAs. As part of the Assessment, the County shall evaluate the merits of including additional areas into these boundaries including, but not limited to, the area of Northern Belle Meade, the area known as the "Stovepipe" to the north, northwest and northeast of the Okaloachoochee Slough and the area southwest of the Okaloachoochee Slough to the southeastern portion of the Camp Keais Strand which is south of Oil Well Road (CR 858). Durin.q the Assessment for the Rural Frinqe area, the County has determined that CREW Trust lands, the Belle Meade, and a portion of the Northern Belle Meade shall be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NRPA. The specific boundaries have been identified as NRPAs on the Future Land Use Map= ~^t;,~, ,~, ...... *;,-,- e~ +~-'- ~'~o''*~' o'~"e ~"'"'~" ~*'"~" · .... These "'~'~;*~'"""~ status of the other interim NRPAs and study areas are shown on the Future Land Use Map will be addressed at the completion of the Assessment. Within these remaining study areas, the following shall be the primary focus of addition study: ~,~ll,~ ~,,~,~,4,~ Study Are2 have ........................................... Text with single underline or single stri!rcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i!:ct:::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 3 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (c) .................................... · ..................................... --~ improvamantc *~' "-*~ spec:as' .............. h~h~*~* *h ..... uh ""*;~"" +~ include .... ~"'~*~"" ~* ~, .............. ~ ............... mining .................... ' ......... , ..... .,,~ ~.~,,,.j v, ~,.~v ~,~,~,~., v, .,,v v ~,~,~,v~ Stovepipe Study Area (a) examine the level of existing and permitted agricultural improvements and impacts on listed species and their habitat; (b) examine whether the existing Area of Critical State Concern program affords sufficient protection to listed species and their habitat; (c) examine the possibility of acquisition of these properties by State or Federal programs, including partial acquisition programs, an example of which would be conservation easements; (d) examine whether use of transfer of development rights would be appropriate in this area and, if so, whether there should be any restrictions on their use; (e) examine and analyze the Florida panther's use of agricultural lands and whether such agricultural lands constitute critical habitat for the species; and (f) examine and analyze whether any lands should be restored. Oil Well Road (CR 858) Study Area (a) examine the extent to which existing agricultural and mining operations, improvements and facilities have impacted listed species and their habitat; (b) examine documented movement of the Florida panther in the area; (c) examine and analyze the Florida panther's utilization of agricultural lands and whether such agricultural lands constitute critical habitat for the species; (d) examine whether use of transfer of development rights would be appropriate in this area and, if so, whether there should be any restrictions on their use; and (e) determine whether the east/west wildlife corridor provided by the Florida Panther National Wildlife Refuge and the Big Cypress National Preserve provides sufficient connectivity to protect the species. **** In addition to the moratorium referenced above, the County shall give notice to the Florida Department of Community Affairs of all applications to develop or otherwise impact the above special study areas. b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses. veo~etation preservation standards., development standards~ and listed species protection criteria for Text with single underline or single stri!cr:hrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:-!!:z::::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 4 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element the CD'-~^t, "'~' '~"~ ~"~'~ ---~ ~^~'^ ~"~"'~" NRPAs are those contained in the NRPA Overlay within the Future Land Use Element. V^"''*'''''^~ prscc.".'ct!o.". ""'~ ~-::-^- d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. **** The County recognizes that the NRPA program is not the only mechanism to protect significant environmental resources and that the NRPAs being established at this time are of an interim nature in conjunction with the development moratorium required by the Final Order. As a consequence, the designation of an area as a NRPA or as part of a special study area is not intended to affect property valuation on specific parcels. It is anticipated that the Assessment will address all of the issues identified above and that the resulting comprehensive plan amendments will provide resource protection measures best suited to meet the goals and objectives of this comprehensive plan. Policy '1.3.2: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Policy '1,3,3: Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy '1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. Text with single underline or single stri!cc:,Sra.',~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double o::'i::c:!::'z::gk reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 5 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 2: THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems: Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land-disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non-structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: Appropriate wetlands are conserved; Drainage systems do not unacceptably affect wetland and estuary ecosystems; Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt-water intrusion are lessened; eo The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; and fo The needs of the watershed's natural resources and human populations are balanced; The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and Non-structural rather than structural methods of surface water management should be considered first in and proposed new works. Text with single underline or single stri!rcthrc'~'gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ot:'i.'zzt!::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 6 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 2.1.5: As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2,1.6: Promote intergovernmental cooperation between Collier County and the Naples and Everglades City for consistent watershed management planning. municipalities of Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands are encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy 2.2.5: By December 31, 1998, identify stormwater management systems that are not meeting State water quality treatment standards. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Text with single, underline or single stri!cct?cugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i!:zt!::':::Z,!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 7 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: Continue to implement and refine a water quality and sediment monitoring program for the estuarine system Policy 2.3.5: Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement includes the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run-off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3.6: Restrict development activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: By June 30, 1998, complete a draft agreement with the Florida Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The agreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: At a minimum the County shall notify Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of Environmental Protection staff to participate in the development of future coastal and watershed management plans. Text with single underline or single x:rlke:hro'~;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i!::t!::':::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 8 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 2.4.3: The County will request the cooperation of the Department of Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Policy 2.5.1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. Text with single underline or single ~tri!cct?c'.~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:z:!::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 9 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL (t) (i) OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards by January 2002 and shall be maintained thereafter. Policy 3.1.1: Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W-2 is the land area between the W-1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield). c) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W-3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zorles. b) Future solid waste transfer stations: prohibited in W-l, W-2, W-3. c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes: prohibited in W-l, W-2, W-3. d) Future non-residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W-l, W-2, W-3. e) Future domestic wastewater treatment plants: prohibited in W-I. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W-1 and W-2, conditional use required in W-3 and W-4. i) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W-1 subject to complying with construction standards and provision of an automatic dosing device and a Iow-pressure lateral distribution. j) On-site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W-l, W-2, and W- Text with single underline or single stri!c~:hrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 10 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element 3 shall meet all construction and operating standards contained in 64E-10, F.A.C. as the rule existed on August 31, 1999 and shall implement a ground water monitoring plan. Conditional uses shall be granted only in extraordinary circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. (I) OBJECTIVE 3.2: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. (I) Policy 3.2.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. (i) Policy 3,2.2: Implement the South Florida Water Management District's well construction standards in the Collier County Well Construction Ordinance that will provide for inspections and penalties if well drillers do not follow these standards. (I) Policy 3.2.3: A committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff will continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. (I) Policy 3.2.4: The County will inform well contractors and drillers and the public on the necessity for proper well construction and hold. workshops for well drillers on proper techniques for well construction in Collier County. (i) Policy 3.2.5: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. (I) OBJECTIVE 3.3: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) (I) Policy 3,3,1: Maintain and refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Text with single underline or single stri!c~t?augh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double t~nderline or double z'.:'iJ:z:.t:.~z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 11 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 3.3.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". (i) Policy 3.3.3: Continue to identity and delineate existing land uses that possess the greatest potential for wellfield contamination. (i) Policy 3.3.4: Continue to establish and apply technically and legally defensible criteria for determining and mapping zones of protection. (I) Former OBJECTIVE 3.3 and Policies 3.3.1, 3.3.2, 3.3.3, 3.3.4 [deleted] OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.4.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. Text with single underline or single xtrit, c~thrc:;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double gt:'!.~:::!::':::~,!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 12 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. OBJECTIVE 4.2: The County will promote conservation of its water supply and by April 1, 1998, develop a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Policy 4.2.6: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Text with single underline or single xtri!rcthra'~'gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 13 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5.1.4: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1). Policy 5.1.5: Monitoring shall be required to determine compliance with State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy 5.2.1: The Program will define reclamation standards for the protection and restoration of wildlife habitat. OBJECTIVE 5.3: On biennial basis, beginning in October, 1998, review and refine estimates of types and quantities of existing minable mineral resources in Collier County, based in information collected during previous biennium. Policy 5.3.1: Work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. Text with single underline or single stri!cctP, r~.:cgh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'iJ:ct!::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 14 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element OBJECTIVE 5.4: The County shall maintain its program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. Policy 5.4.1: Rely on the USDA Natural Resources Conservation appropriate soil conservation guidelines for agriculture. Service to provide the County with Text with single underline or single ztri~cthrc',:g,t: reflects Transmittal language as proposed Changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 15 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. Text with single underline or single xtri!cethrc'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double ~nderline or double z::'i!:zt/::'z::Z,!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 16 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Text with single underline or single strlkc:?c,:~h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 17 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Text with single underline or single xtri!;c:?c,:;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double s:ri!:::!::'c::g5 reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 18 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Text with single underline or single xtri!cc:hrc'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~r:'i::::::.-~::~,:: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 19 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element ...... ' .............................. .~ ....... ~ ...... '= ~-~ -~r-. ~r' ..... r' ............ th__. ":'^ rcqu!rcd *" u ......... '~ = .... 14 .... h.-,ll k ..... ~,~.4 t ....... I .... hl,,.k ..... /. lo=ct rcct=r=ti=~ .....cur fc!!c';:c: Text with single underline or single strikcthro:;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double r::'iZ:z'.!:.~c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 20 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element c'_'bm:rT,:d ..m:rln: h:b~t:t: th:*. mr: d__.:m:d OBJECTIVE 6.;[1 The County shall protect native ve,qetative communities ,.,m.:,...,.,..,, ~.~..._ . D!ctr!ct """ S3c=~d:r¥ o~.~:~,~. L:nd:, ~ ~^~:~+~" ~ '~'~ =' "~ throuqh the application of minimum preservation requirements. The followinq policies provide criteria to make this o ective measurable. 'rt.,;,. r~,. ^~,; ..... ,-, ;,,. ~^,;~;..,- ,-,~,, These policies shall apply to all of Collier County except for the Eastern Lands Study Area.. for which policies are required to be adopted by November 1.. 2002. Text with single underline or single ctri!cctP, r~.:;gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double c::'i/:c:!::':.::g/: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 21 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element For the County's Urban Desionated Area: Estates Desi~_nated Area,. Conservation Desionated Area: and Aoricultural/Rural Mixed Use District.. Rural. Industrial District and Rural. Settlement Area District as designated on the FLUM, native veoetation shall b= preserved on-site throu(]h the application of the followinc~ preservation and veoetation retentiof~ standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall aPPly. Notwithstandinc~ the ACSC requirements, this policy shall apply to all non-agricultural development except for sin(lie-family dwellin(~ units situated on individual lots or parcels. The standards and criteria provided for in this policy may change for the area governed by the Golden Gate Area Master Plan, which is currently under restudy, by Plan amendment. Coastal High Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres. 10% Residential and Mixed Use Equal to or oreater Greater than 5 acres D_e,Y~[¢-~ than 2.5 ac.- 25% and less than 20 acres. 15% greater than 20 ac. 25% Golf Course 35% 35% Commercial and Industrial Less than 5 acres. 10% Less than 5 acres. 10% Development Equal to or oreater ~ than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%= not to exceed 25% of the 50%. not to exceed 25% of the Industrial District only) project site. project site. The followino standards and criteria shall apply to the vegetation retention requirements referenced above: (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community havino 75% or less canopy coverac~e of melaleuca or other invasive exotic plant species. The veoetation retention requirements specified in this policy are calculated based on the amount of "native ve(~etation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-stow and ground cover emphasizing the laroest contiguous area possible. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All on-site or off-site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement to prohibit further development, consistent with the requirements of this policy. Text with single, underline or single ~trikcthrc, ugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double gt:'i.~:z'..t::'zz:g.~: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 22 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (4) Selection of preservation areas shall reflect the following criteria in descending order of priority; a. Onsite wetlands shall be preserved pursuant to Policy 6.2.4 of this element: b, Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife throuah the site. This criterion shall be consistent with the requirements of Policy 7.1.1 of this element. Parcels containina ooDher tortoises shall protect the largest, mosl. conti~uous aopher tortoise habitat with the (~reatest number of active burrows~ and provide a connection to off site adjacent gopher tortoise preserves. c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descendina order of priority: 1. Any upland habitat that serves as a buffer to a wetland area, 2. Listed plant and animal species habitats, :3, Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie~ Pine Flatwoods, and 6, All other upland habitats. el, Exceptions to these priorities are noted in (7) below. (5) Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as Ion(~ as any clearing required to facilitate these uses does not impact the minimum required veeetation. (6) A manaeement plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, and maintenance of permitted facilities. (7) Exceptions: b.v means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harmino or reducing the survivability of the native vegetation in its existing locations; (b) Where the existina veaetation required by this policy is located where proposed site improvements are to be located and such improvements can not be relocated as to protect the existino native veeetation; (c) Where native preservation requirements are not accommodated; the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees): utilizin~ larger plant materials so as to more quickly re-create the lost mature vegetation. (8) Parcels that were leaally cleared of native ve~_etation prior to Januar3t. 1989 shall be exempt from this requirement. (9) Preservation areas shall be interconnected within the site and to adjoinine off-site preservation areas or wildlife corridors. (10) Should the amount of wetland vegetation exceed the minimum vegetation requirements as ,pecified herein, retention of wetland vegetation having sionificant habitat or hydroloeic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks: and landscape buffers, to allow for increased areas of preserved Text with single underline or single stri!cc:hrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 23 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element wetland veoetation. Sionificant habitat or hydrolooic value is determined by wetland function, not the size of the wetland. Policy 6.~=1.=~2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native ve.qetation shall be preserved on site through the application of the followinq preservation and vegetation retention standards and criteria: Preservation and Native Ve.qetation Retention Standards: a. Receivin.q Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24~ Township 49 South= Ranoe 2~d East, located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation present: not to exceed 70% of the total site area: shall be preserved. c. Non-NRPA Sendin.q Lands: Calculated at the higher value of 80% of the native vegetation present, or 80% of the total site area; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native ve.qetation present, or 90% of the total site area, or as may otherwise be permitted under the Density Blending provisions of the FLUE~ e. Provisions a. throu.qh d. above shall also be consistent with the wetland protection policies set forth under CCME Obiective 6.82~ f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Frin.qe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, ~ native vegetation clearinq ~ shall be allowed, at a min!m'_'m 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearin.q amounts. These clearing limitations shall not prohibit the clearinq of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co- located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community havinq 75% or less canopy coverage of melalueca or other invasive exotic plant species. The veqetation retention requirements specified in this policy are calculated on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native ve.qetation shall include canopy, under-story and ground cover, emphasizinq the largest conti.quous area possible. Text with single underline or single s:ri.tc~tP, rc'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ot:'i:zz:.~:rz::Z,k reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 24 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (3) Areas that fulfill the native ve.qetation retention standards and criteria of this policy shall be set aside as preserve areas. All onsite or offsite preserve areas shall be separate tracts and protected by a permanent conservation easement to prohibit furthe, development, consistent with the requirements of this policy. (4) Selection of the preserve areas shall reflect the following criteria in descending order of priority: a. Onsite wetlands shall be preserved pursuant to Policy 6.8~2.5 of this element; b. Areas known to be utilized by listed species or that serve as corridors for the fnovement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.,!..!1.1 of this element. Parcels containing gopher tortoises shall protect the larqest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent .qopher tortoise preserves. c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descendinq order of priority: 1. Any upland habitat that serves as a buffer to a wetland area. 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. (5) Passive recreational uses such as pervious nature trails or boardwalks are allowed within (7) the preserve areas, as Ion.q as any clearing required to facilitate these uses does not impact the minimum required native vegetation. A manaqement plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire mana.qement, and maintenance ol permitted facilities. Off-site preservation shall be allowed to provide flexibility in the proiect desiqn. a. Within Receiving and Neutral Lands, off-site preservation shall be allowed for up to 50% of the veqetation retention requirement. 1. Off-site preservation areas shall be allowed at a ratio of 1:1 if such off-site (8) preservation is located within desiqnated Sending Lands or at a ratio of 1.5:1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. Within non-NRPA Sendinq Lands, off-site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controllin.q. 1. Off-site preservation areas shall be contiguous to desiqnated Sendinq Lands and shall be allowed at a ratio of 3:1. c. Off-site preservation shall not be allowed in NRPA Sending Lands. Density Bonus Incentives shall be .qranted to encourage preservation amounts .qreater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villaaes. Th!"_. t~...... ~l! i~., ,-~11..... ,.4 ....I,..*'~. *~. .... ;^"* '~;* ...... ~'~" *~'~ mc×!m'_'..m Text with single underline or single strik~:.~.r~.:;~,h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double tlnderline or double ot:'i::z:!::-c::~,!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 25 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (9) ..~,- ~,, ..... .~ *-- ~ .... , ,,,, .... Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development re,qulations tu implement this incentive program. On-site preservation areas shall also conform to the Open Space requirements as specified in the Future Land Use Element. These preservations shall be part of and (10) (11) (12) counted towards the Open Space requirements. Existinq native ve.qetation that is located contiquous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Obiective 6.5 of this element; Preservation areas shall be interconnected within the site and to adioinin.q off-site preservation areas or wildlife corridors; ~' ....... ~;+' '*" ..._-'re ............ -~ ......... ;r-'_cc.": . ould e amount of wetland veaetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation havina significant habitat or hydrologic value is encouraaed. Increased preservation shall be fostered through incentives includina, but not limited to: clustered development; reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland veaetation. Sianificant habitat or hydroloaic value is determined by wetland function; not the size of the wetland. Policy 6.7L1..23 Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Applicants for development permits shall submit and implement plans for invasive exotic plant removal and long-term control. (2) Maintenance plans shall describe specific techniques to prevent re-invasion by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic veqetation in the Land Development Code and update it as necessary. Policy 6.7:1.~ Agriculture shall be exempt from the above preservation requirements contained in Policy 6.-¢1=~1 and 6.1.2 of this element provided that any new clearinq of land for agriculture shall not be converted to non-a.qricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6.;~1_=!_1 and 6.1.2 of this element shall be applied to the site at the time of the conversion. The percenta.qe of native vegetation preserved shall be calculated on the amount of vegetation occurrinq at the time of the a.qricultural clearinq, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Policy 6.~.1._45 Exemptions from the R'_'r:! Fr .-.,ge M!xcd Ucc -r'!ctrlct Dc'.'c!cT. mcnt St:.".dcrd." native veaetation retention requirements of CCME Policy. 6.1.2 - ........ ^" requirements of this D!ct;!ct Policy shall not apply to, affect or limit the continuation of existing uses. Existin.q uses shall include; those uses for which all required permits were issued prior to June 19: 2002; ?, or '--'ccc projects for which a Conditional use or Rezone petition has been Text with single underline or single stri!;~:.t:rc:;~h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z:ri!:z:.~::'s::~,5 reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 26 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element approved ~^~;'^'~'~v ..... _.v_ _,.,...__..v.._-'---':~*~" w_crc . vvv..v.,~"~'" by the County prior to ~ June 19. 2002; or, land use petitions for which a completed application has been submitted prior to June 19.. 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, suct~ previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Obiectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Frinqe Area as Ion.q as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the native ve.qetatio~, retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existin.q land fill operations; exotic removal will be required on the entire +/- 360 acres. Policy The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encouraqe water conservation. This shall be accomplished by: (1) Providing incentives for retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation requirements for new landscapinq; and, (3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic veoetation. Wet detention ponds within the Rural Frin.qe Mixed Use District, shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Policy 6.;[_t..$Z An Environmental Impact Statement (ELS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the proiect area and the community and to insure that planning and zoninq decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage proiects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular proiect or development site, the general area and the greater community. An ElS shall be required for: 1. Any site with an ST or ACSC-ST overlay, or within the boundaries of Sendinq Lands or NRPAs. 2. All sites seaward of the Coastal High Hazard Area boundary that are 2.5 or more acres. 3. All sites landward of the Coastal Hi.qh Hazard Area boundary that are ten or more acres. 4. Any other development or site alteration, which in the opinion of the development services director, would have substantial impact upon environmental quality. The ElS requirement does not apply to a single family or duplex use on a sinqle lot or parcel. The ElS requirement may be waived subiect to the following: 1. Aqricultural uses as defined in 9J-5.003(2), including aquaculture for native species. 2. After inspection by County staff and filinq of a written report, any land or parcel ot land has been so altered as to have irreparable damage to the ecoloqical, drainage, or groundwater recharqe functions; or that the development of the site will improve or Text with single underline or single xIrlt, c.~:hrc.'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 27 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element correct the existing ecolo.qical functions or not require any maior alteration of the existing landforms, drainage, or flora and fauna elements of the property. For thu purpose of this policy, maior alteration shall mean greater than 10% of the site. Exemptions shall not apply to any parcel with an ST or ACSC-ST overlay, or within the boundaries of Sending Lands or NRPAs except for single family homes or as otherwise allowed by the ST or ACSC-ST criteria. Policy 6.1.8 The County shall provide for adequate staff to implement the policies supporting Objective 6.1. OBJECTIVE 6.82'. The County shall protect and conserve wetlands and the natural functions of wetiands~ thc ~ ....' Fr:n.~c ~;vA.~ ,,~A r-,;..+,;~+ ....., .".dc."'/ ..-, ...... , .... .-, ...... FLUM. The fo owing policies provide criteria to make this objective measurable. This o .....~,. o...~;.~ t .....~., ..- ~";'~-~*~'~ c.". thc c~ ,~,~ These DOriC/eS shall aDDIv to all of Coflier County except for the Eastern Lands Study Area; for which policies are required to be adopted by November 1~ 2002. Policy 6.82.1 As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a iurisdictional field delineation, subiect to Policy 6.82_.2 of this element, at the time of project permitting to determine the exact location of iurisdictional wetland boundaries. Policy 6.82.2 Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of iurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. Policy 6..a,2.3 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the Urban boundary_. Many fall within public lands or lands tameted for acquisition. Hioh o_uality wetlands systems located on private property are primarily protected throu(~h native veoetation preservation requirements; or throuoh existing PUD commitments, conservation easements~ or via the NRPA or Sendin~ designations in the Rural Frinoe. Protection measures for wetlands and wetland systems located within the Eastern Lands portion of the County's Rural and Agricultural Assessment (depicted on the FLUM) will be adopted prior to November 1, 2002. Within the Urban and Estates designated areas of the Count.v~ the County will rely on the jurisdictional determinations made by the applicable state or federal aoency. Where permits issued by such state or federal agencies allow for impacts to Text with single underline or single ctri!:cthr,~'ugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i!:z:.~::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 28 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element wetlands within Urban and Estates desionated areas and require mitigation for such impacts, this shall be deemed to preserve and protect wetlands and their functions~ The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems by the following mechanisms: (1) Conservation Des~qnation Best available data indicates that 76% of all wetlands found in Collier County are contained (2) within the boundary of the land desi.qnated as Conservation on the Future Land Use Map. The overall purpose of the Conservation Desiqnation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non-residential development. These limitations support Collier County's comprehensive process to direct concentrated population .qrowth and intensive land development away from larqe connected wetland systems. Bi.c/Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Biq Cypress (3) Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District on the Future Land Use Map provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay specifies that site alterations shall be limited to 10% of the total site. A large percentage of the land contained within the ACSC is also within the Conservation Designation and thus is subiect to the land use limitations of that Land Use Designation. (Land Use Des4qnation Section V.). Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map. These areas identify high functioning wetland systems in the County and represent an additional 12%+ of County wetlands that are not located in Conservation Lands. Based on the relatively high (4) concentration of wetlands within NRPA desiqnated lands, incompatible land uses shall be directed away from these areas. - ............................... ~ ,~ ..... :~;~ '~ ....... ~;~+;~"~ ~ Allowable land uses for +~ NRPAs +~+ thc R':r:~ Fr~=;= M~::c~ Ucc ~ct;~ct are also subject to native vegetation and prese~ation standards of 90%. (Reference GG~.f~ P:~/~;' ~. 7. ~ the NRPA Overlay in ~he FLUE. J Rural Fringe Mixed Use District Sendinq Lands Best available data indicates that 16,000~ acres of wetlands are contained within designated Sending Lands constituting 70%~ of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sendin~ Lands throuqh an incentive-based Transfer of Development Riqhts Program that allows land owners within these Sending Lands to transfer their residential density out of the Sendinq Lands to Rural Fringe Mixed Use District Receiving Lands. Incompatible land uses are also directed away from Sending Lands by restrictin~ allowable uses. (Reference FLUE Rural Fringe Mixed Use District.) Finally, allowable uses within these lands are also subiect to Text with single underline or single s:ri!:c'~?c'-'gh reflects Transmittal language as proposed changes to the current Growth Management Plan, Text with double underline or double z'.:'i.~z:5:'z::~.~: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002, Page 29 0£63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element native vegetation retention and preservation standards of 80% to 90%. (Reference CCM£ Policy 6. 7.1) Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban Designated Areas subiect to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA overlays, and Rural Frin.qe Sendinq Lands. On a proiect-specific basis, wetlands and wetland functions shall be protected through the following mechanisms: (1) Federal and State iurisdictional agency review and wetland permitting; (2) Ve.qetation preservation policies supporting CCME Obiective 6.~.~ (3) Wetland protection policies supporting CCME Obiective 6.82; and (4) Clustering provisions specified in the FLUE (Reference FLU~-' Rural Frin.qe Mixed Use District.). Policy 6.2.4: Within the Urban Desianated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued bv the applicable jurisdictional agency. Thi~ policy shall be implemented as follows: (1) Where permits issued by such jurisdictional aoencies allow for impacts to wetlands within this desionated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions o! wetlands within this area. (2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of sinole-family residences which are not part of an approved development or are not platted. (3) Collier County will work with the jurisdictional agencies and applicants to encouraoe mitioation to occur within taroeted areas of the County includino_, but not limited to: Natural Resource Protection Areas (NRPAs); lands tar_oeted for a acquisition by a public entity such as CREW lands; public or private mitioation banks; and other areas appropriate for mitioation, such as flow ways and areas containin9 habitat for listed species. (4) Within the Immokalee Urban Desio_nated Area, there exists hi_oh quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require oreater protection measures and therefore the wetland protection standards set forth in Policy 6.2.5 shall a_oply in this area. As part of the County's Evaluation and Appraisal Report (EAR)~ the County shall identify this area and map its boundaries on the Future Land Use Map. Text with single underline or single strikcthr~,ugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:zt!::':.::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 30 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 6.=82.5: Within the Rural Frinae Mixed Use District. Collier County shall direct land uses away from higher functionin.q wetlands by limitin.q direct impacts within wetlands based upon the veqetatio,, requirements of Policy 6.:7-_t-1 2 of this element,+ the wetland functionality assessment described in Pc!lc'; ~_.__..'!. cf th!__, clcmcnt below in paraaraph (2), and the final permitting requirements ol the South Florida Water Management District. A direct impact is hereby defined as the dred.qinq or fillin.q of a wetland or adversely chanaina the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the ve.qetation retention requirements of Policy 6.:F-_-t-1,2 of this element to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this ve.qetation requirement accordin.q to the following criteria: a. The acrea.qe requirements of Policy 6.:7-A-1,2 of this element shall be met by preservinq wetlands with the hi.qhest wetland functionality scores. Wetland functionality assessment scores shall be those described in uaragraph (2) of this policy. Wetlands havin.q functionality assessment scores of at least 0.65 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceedinq the acrea.qe required by Policy 6...:~.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands havinq a functionality (2) In assessment score ,qreater than 0.65 shall be required to be retained exceedin.q the acreage required by Policy 6.~------*1,2 of this element. b. Wetlands utilized by listed species or servin.q as corridors for the movement of wildlife shall be preserved on site. c. Wetland flowways through the project shall be maintained. d. Proposed development shall demonstrate that ground water table drawdowns or - diversions will not adversely change the h.vdroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January. 2001. e. Upland ve,qetative communities may be utilized to meet the veqetative preservation requirements of Policy 6.:~------~1.2 of this element when the wetland functional assessment score is less than 0.65. order to assess the values and functions of wetlands at the time of project review. applicants shall rate functionality of wetlands using the South Florida Water Manaoement District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reo-001, dated September 1997, and updated August 1999~ until such time as the District adopts the proposed Unified Wetland Mitigation Assessment Method, described Text with single underline or single strikcthr,c'~'gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i!:zt!:."z::p,!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 31 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element in draft form and identified as F.A.C. Chapter 62-345-Uniform Wetland Mitioation Assessment Method. The applicant shall submit to county staff, agenc.v accepted WRAI-' scores. County staff shall review this functionality assessment as part of the County's ElS provisions and shall use the results to direct incompatible land uses away from the hiohest functionina wetlands accordina to the requirements found in paragraph (1) above. ~ (3) All direct impacts shall be miti.qated for pursuant to the requirements of ~ paragraph (6) of this ~m~.policy; ~-,t (4) Single family residences shall follow the requirements contained within Policy ~ 6.2.7 of this element. (5) The County shall separate preserved wetlands from other land uses with appropriate bufferino requirements. The County shall require a minimum 50-foot vegetated upland buffer adjacent to a natural water body: and for other wetlands a minimum 25-fool veoetated upland buffer adjacent to the wetland. A structural buffer may be used h~ conjunction with a veeetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b, The buffer zone shall consist of preserved native vegetation. Where native veaetation does not exist, native veeetation compatible with the existing soils and expected hydrolooic conditions shall be planted. ¢, The buffer shall be maintained free of Category I invasive exotic plants: as defined by the Florida Exotic Pest Plant Council. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: 1. Passive recreational areas, boardwalks and recreational shelters; 2, Pervious nature trails; 3, Water manaeement structures; 4. Mitieation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the foreaoino uses. e. A structural buffer may consist of a stem-wall, berm, or ve_oetative hedge with suitable fencina. (6) Mitioation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, a. Mitioation Requirements: 1. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitiaation eo. uals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less than the acreaoe beino impacted. Loss of storaoe or conveyance volume resulting from direct impacts to wetlands shall be compensated for b.v providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. Text with single underline or single stri!ccthr,~u'gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i!:ct!::'~::g~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 32 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paraoraDhs (6)a.1, (6)a.2: and (6)a.3 or this policy. If aoency permits have not provided mitigation consistent with this policy, Collier County will require mitioation exceedino that of the jurisdictional aaencies. Mitioation requirements for sinole-family lots shall be determined by the State and Federal aaencies durina their permittina process, pursuant to the requirements ol Policy 6.2.7 of this element. Mitieation Incentives: 1. Collier County shall encouraoe certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and veoetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited, to the following: (a) Addina wetland habitat to or restoring wetland functions within Rural Frinae Mixed Use District Sending Lands. (b) Creatino, enhancina or restorin~ wading bird habitat to be located near wood stork: and/or other wadin~ bird colonies. 7, Within one (1) year of the effective date of these amendments, Collier County shall adopt specific criteria in the LDC to implement this incentive program, and to identify other mitioation priorities. Text with single underline or single xtrit, cethrc,'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 33 of 63 Collier County Growth Management Plan Adopted 6-! 9-02 Conservation and Coastal Management Element Policy 6.82.~ Within the Urban Desianation and the Rural Fringe Mixed Use District~ ~A~wetland preservation, buffer areas, and miti.qation areas shall be dedicated as conservation and common areas in the form of ds:d :=st:!:t!~.".s -'_r th:c'.:',qh conservation easements and shall be identified or platted as separate tracts: and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Cateqory I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.-°.~-('!.) 6.2.5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. Text with single underline or single stri!wthrough reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ct:'i!::t!::'z::gk reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 34 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Within the Esta;es Desiunated Area and the Rural Settlement Area. the County shall rely on the wetland !urisdictional determinations and permit reouirements issued by the applicablc jurisdictional aoency. This policy shall be implemented as follows: (1) For sinole-family residences within Southern Golden Gate Estates or within the Bio Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a buildino permit. (2) Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual sinole-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state aoencies of single family building permits applications these areas. (3) Within one (1) year of the adoption of these amendments, Collier County shall work with federal and state aoencies to identify properties that have a high probabilities of wetlands o, listed species occurrence. The identification process will be based on Hydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if it is sufficiently accurate to require federal and state wetland approvals prior to issuino a buildino permit within these areas. The County shall use this information to inform property owners of the potential existence of wetlands on their property. Policy 6.82.~,4~ The County shall provide for adequate staff to implement thcss F;:v!--.!sn: the policies supportino Objective 6.2. OBJECTIVE 6.3 The County shall protect and conserve submerged marine habitats~ Policy 6.3.1 The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every. 100 feet of shoreline where impacts to sea-grass beds are less than 100 square feet. When more than 100 square feet of sea-orass beds are impacted~ then no more than 10 boat slips for every. 100 feet of shoreline are allowed. Text with single underline or single strikctkra,'~:gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i.':::/::':.::g/: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 35 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Impacts to sea-arass beds shall be minimized by locating boat docks more than 10 feet from existina sea-arass beds. Where this is not possible~ boat docks shall be sited to impact the smallest areas of sea-arass beds possible, be no lower than 3.5 feet NGVD; have a terminal platform no areater than 160 square feel and have the access dock be no wider than 4 feet. The protection of sea-arass beds shall be a factor in establishing new= or revisino existina. speed zones to regulate boat traffic. OBJECTIVE 6.7-9~ The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.7-~__.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.~2: Continue to meet with the appropriate counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.79~.3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. OBJECTIVE 6.8.! _n The County shall protect natural reservations from the impact of surrounding development. For the purpose of this Obiective and its related policies: natural reservations shall include only Natural Resource Protection Areas (NRPAs} and designated Conservation Lands on the Future Land Use Map; and, development shall include all proiects except for permittinq and construction of sin.qle-family dwelling units situated on individual lots or parcels. This Ob/ective and its Policies shall apply only to the Rural Frin.qe Mixed Use District. Policy 6.84~,5...1: All requests for lend development within !000 feet cf contiguous to natural reservations shall be reviewed as part of the County's development review process_, to ins,crc nc ,jnacceptab!e Text with single underline or single stri!:cthrc',~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double st:'i.~:zt!::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 36 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 6.84=0=~.2: The following criteria co''*''~'''''q ~ .... ",--,~-~,- cSj~ct!vec ""'q p"'""~'~" '''~ +~'~" ~ .... * shall apply to development contiguous to Pear-natural reservations~ in order to reduce negative impacts to the natural reservations: (1) The required open space shall be used to provide a buffer between the proiect and the natural reservation. Open space allowed between the project's non-open space uses and the boundary of the natural reservation shall include those areas of natural preserves, natural or man-made lakes, .qolf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. Existinq agricultural operations shall be allowed within the open space requirements with additional agricultural clearinq allowed subiect to best management practices, consistent with the provisions of the Riqht to Farm Act. a. The followin.q open space uses are considered acceptable uses contiquous to the natural reservation boundary: (1) preservation areas; (2) .qolf course roughs maintained in a natural state; (3) stormwater mana.qement areas; (4) pervious nature trails and hiking trails limited to use by nonmotorized vehicles. b. The uses in para.qraph a above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including pla¥.qrounds, tennis courts, .qolf courses (excluding rou.qhs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. In nc c"-:'c hc'::c'.'c; ch"_!! Within the Rural Fringe Mixed Use District; these more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. c. In addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent natural reservation, the open spaces identified in sub-sections 1.a.(1) through (3) are considered acceptable for placement within a buffer as specified below: (1) Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests - 1,500 feet; (2) Wading bird roost- 300 feet; (3) These buffer distances shall only apply to the identified entity within the natural reservations. (4) These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Manaqement Plan. d. Existing native vegetation that is located contiquous to the natural reservation shall be preserved as part of the preservation requirements specified in ~ Policy 6.1.1 and 6.1.2 of this element. e. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the proiect to the natural reservation. The County shall consider the recommendations from the USFWS and the FFWCC in the delineation of the corridors. Appropriate accommodations include: (1) Use of fences, walls or other obstructions to encourage wildlife to use natural corridors or to separate wildlife corridors from areas of human activity, Text with single underline or single stri!c~:hrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double ttnderline or double ztri!:z:!::'~::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 37 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (2) Location of roads away from identified corridors; (3) Use of appropriate roadway crossings, underpasses and signa.qe where it is unavoidable for roadways to cross wildlife trails; (4) Any other techniques recommended by the USFWS and the FFWCC. Outside of this open space buffer, other permitted uses shall be located in such a manner as to place the most intensive land uses the furthest distance from the natural reservation. g. The County shall consider the recommendations by the USFWS and the FFWCC when considering the placement of open space next to natural reservations and setback distances from listed species as noted above. Any such changes shall be deemed consistent with the Growth Manaqement Plan. (2) The wildlife protection criteria of ~ Policy 7.1.1 shall also apply. (3) Within the Rural Frinoe Mixed Use District; Sstormwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one- half inch of dry retention or retention pretreatment as specified in Section 5.2.2(b), of the SFWMD's Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, August 2000. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surroundinq land and project control elevations and water tables. In order to meet these requirements, proiects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review. Text with single underline or single stri!cct?o'agh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i.~c:!::'c::g.~: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 38 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.4-'1 The County shall direct incompatible land uses away from listed animal species and their to all of Collier County except for the Eastern Lands Study Area: for which policies are required to be adopted by November 1, 2002. Policy 7.4=1.1 Incompatible land uses are directed away from listed species and their habitats by the followin.q mechanisms: (1) Conservation Desi,qnation on the Future Land Use Map The overall purpose of the Conservation Desi.qnation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have hi(Ih wildlife value. The allowed land uses specified in the FLUE's Conservation Desi.qnation will accommodatu limited residential development and future non-residential development. These limitation~ help direct many incompatible land uses away from listed species and their habitat~ contained in this Future Land Use Desi.qnation. (Reference FLUE: Future Land Usu Des~qnation, Description Section.) (2) Bi.q Cypress Area of Critical State Concern Overlay (ACSC) The land development re,qulations contained in the ACSC Overlay district provide standards that facilitate the ,qoal of directin.q incompatible land uses away from listed species and thei~ habitats. (Reference FLUE: Future Land Use Des{qnation, Description Section. I (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal a,qencies' efforts to protect endan.qered or potentially endan,qered species and their habitat~ (Reference CCME: Objective 1.3). These areas describe larqe, intact and relatively unfra,qmented habitats important for many listed species. Allowable land uses, vegetation preservation standards; development standards; and listed species protection criteria within NRPAs are specified in the FLUE. (Reference the FLUE for the specifiu requirements.) The NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. (4) Sendin,q Lands (Transfer of Development Ri,qhts): Sendin,q Lands are those lands that have a hi,qh de,qree of environmental value and sensitivity and ,qenerally include wetlands, uplands, and habitat for listed species. Due to their hi,qb environmental value, Sendin,q Lands are tar,qeted for preservation and conservation either throu.qh acquisition or throuqh incentives for private property owners. Privately owned lands within the Rural Frin,qe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are considered to be Sending Lands. Allowable land uses within Sending Lands are specified in the FLUE: Future Land Use Desi,qnation, Text with single underline or single ctri.Scthro'~'gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ot:'i.~zt.~::'z::Z,h reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 39 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Description Section, B. Rural Fringe Mixed Use District. These limitations help direct many incompatible land uses away from listed species and their habitats. (5) All other policies supportin.q Objective 7.41 of this element. Policy 7.4_!..2 Non-aqricultural development, exc udin.q individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biolo.qical communities similar to those existinq on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) .quidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all proiects where the wildlife survey indicated listed species are utilizing, the site, or the site is :"~"5!~ ^~ .... ...... ,.,.v.......,"'~ ..... ......... ~"~';~'- contains [~otential habitat for listed soeci . These plans shall describe how the proiect directs incompatible land uses away from listed species and their habitats. (a) Manaqement plans shall incorporate proper techniques to protect listed species and their habitat from the neqative impacts of proposed development. Developments shall be clustered to d scoura.qe impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses~ and signage shall be used where roads must cross wildlife corridors 1. The fo lowing references shall be used, as appropriate, to prepare the required manaqement plans; a. South Florida Multi-Species Recovery Plan, USFWS, 1999. b. Habitat Mana.qement Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. c. Ecoloqy and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Larqe Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. d. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. e. Ecoloav and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nonaame Techincal Report No. 13, Florida Game and Fresh Water Fish Commission: 1993. 2. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subiect to the provisions of.'~'~"v..v, '~ .... '~ _,v,"'°' v"~ ..... *";~_ v ~' .... .... .~...* oaraaraoh_ (3) of this policy. Text with single underline or single strit, ccthr~:cgh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i.~:z:!::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 40 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (b) (c) 3. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requiremenl. contained in P-'_I!:;' e.7.! Policy 6.1.1 and Policy 6.1.2 this element. The County shall also consider the recommendations of other agencies, subject to the provisions of Pc!!:',' 7.'!..2~2~,. paraora_Dh (3) of this policy. For parcels containing .qopher tortoises (Gopherus polyphemus), priority shall be given to protectin.q the lar.qest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gophe~ tortoise preserves. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Wate,' Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida (d) (e) (f) Multi-Species Recovery Plan, May 1999, subject to the provisions of,'~';~"v..-, th!"_, c!sms.".t, paraaraph (3) of this policy. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the ea.qle nest restricting certain activities. Thu plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subiect to the provisions of '~"~" '~ '" ,~z,~ .., ,~..'~ .., .... , paraoraph (3) of this policy. For the red-cockaded woodpecker (Picoides boreafis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to fora.qing habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of,c'"';""v..v, '~ ..... '" '~°',v, ..sv ...... *~.L'.. ~ paraaraph (3) of this policy. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitiaation for impactino habitat suitable for black bear shall be considered in the manaaement Dian. For proiects located in Priority I and Priority II Panther Habitat areas, the management plan shall discouraqe the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryt) by directinq intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. in turn, these areas shall be buffered from the most intense land uses of the proiect by using Iow intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate qhting controls for these permitted uses and shall also address the opportunity to Text with single underline or single ;tri,Scthr.vugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'!!:z;!::'z::Z,.~: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 41 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element utilize prescribed burninq to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. These requirements shall be consistent witl, the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of P:!!c;' 7.'!..2,'3) cf th!: :!cmc.".t. paragraph (3) of this policy. (h) In order to protect the West Indian Manatee (Trichechus manatus) and its habitat: a marina siting rating system based on water depth, native marine habitat and manatee abundance shall be used to limit new or expanded wet-slip densities to no more than 18 boat slips per 100 feet of shoreline for all multi-slip docking facilities with ten (10) slips o, more, and for all marina facilities. All multi-slip docking facilities with ten slips or more, and all marina facilities, shall adopt and implement a Manatee Awareness and Protection Plan to include an Education and Public awareness program and the postinu and maintaining of Manatee awareness signs. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to thc provisions of Policy 7.1.2(3) of this element. (i) In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor liGhtinG to that necessary, for security and safety. Floodlights and landscape o, accent lighting shall be prohibited. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery. Plan, May 1999, subject to the provisions of Policy 7.1.2(3). ~ The Management Plans shall contain a monitoring program for developments greater than 10 acres. (3) The County m"¥' shall, consistent with applicable GMP policies: consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in (4; issuinq development orders on property containing listed species. It is recognized that these a.qency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. ...... .-, ............. ,. ..... Policy '/.1,3 All development shall comply with rer~ardinG listed species protection. applicable federal and state permitting requirements Policy__7.1.4 The County shall provide for adequate staff to implement the policies suoDorting Objective 7.1. OBJECTIVE 7.2 Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. year-.m,~eqr, e~te~-ThrouGh Policies 7.2.1 through 7.2.4, the County's objective is to minimize the number of manatee deaths due to boat related incidents. Text with single underline or single stri/c:thra'~'gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double a;:'!.tz~:/;:'w;:g,~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 42 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 7.2.1' grzatczt ;2tznt!a! thrzatz,-The County shall aoply the marina sitina criteria contained in Policy 7.1.2 (2)(h) of this element in order to direct increased boat traffic away from sensitive manatee habitats, Policy 7.2.2: ,.,.~..... ..... ,~.., ......., ,.. ;-; ..... * .... *~^~ ;~ *-"~ ~'~""' -Sea-arass beds shall be protected throuah the application of Policies 6.3.1, 6.3.2 and 6,3.3 of this element. Policy 7,2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5).The County shall maintain the manatee protection speed zones that were adopted in the Collier County Manatee Protection Plan and make revisions as needed. ,~e4~,y=,7.il~,.~The County ;-:ill shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or ~ prohibited?, or where speed zones may need Text with single underline or single stri!:c?r~,ugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:z:/::'z::~,.~. reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 43 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Th-'_ '2c'-'nt7 cha!l r. ct!fy thc F!-'_rldo O"mc ond Frock Watt: F!ch C__.mm!cci_-'n cf th-'_ oxlct-'_ncc cf rcq'.:!rcd !r. Pc-!!cy G~r rr_~r',~t ~ ..................................... r" ........... thc OBJECTIVE 7.3 Historical data from 1996-1999 shows that the averaoe number of sea turtle disorientations is 5% of total nests. Throuoh the followina 0olicies, the County's objective is to minimize thu number of sea turtle disorientations. Policy 7.3.1 The County shall apply the liohtino criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlinas from adverse lightino conditions. Text with single underline or single stri!rcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::-!!:c:]::'c::gh reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 44 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 7.3.2: County staff shall conduct regular inspections to ensure coastal properties comply with proper liGhtin(~ conditions and with applicable prohibitions of overnight storage of furniture and other e~.uipment during sea turtle season (May 1 through October 30). The County shall update the public awareness materials designed to inform coastal residents and visitors how they can protect sea turtles. OBJECTIVE 7.=~_ The County shall continue to artificial reefs. improve marine fisheries productivity by building additional Policy 7.4~.1: The Coun~-y should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy 7.~t~_.2: The County will coordinate its activities with the Florida Department of Protection, the Marine Extension Office and other appropriate agencies. Environmental Text with single underline or single stri!cethro:cgh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:zt!:.~z::~,h reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 45 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 8: QUALITY. THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and State air quality standards. Policy 8.1.1: The County will rely on the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: The local fire departments, Florida Department of Environmental Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.1.5: By January 1, 2000, the County shall investigate the need for a more comprehensive local air quality monitoring program. Text with single underline or single stri!rcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'!.~ct.~::'c::g5 reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 46 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1: The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established underTitle III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Policy 9.2.1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. Text with single underline or single stri!ccthra.'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 47 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (I) (I) (I) Policy 9.2.2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. OBJECTIVE 9.3: The Collier County Solid Waste Department collection day at least once per year. shall continue to hold its hazardous waste Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. OBJECTIVE 9.4: The County shall continue to implement its_local storage tank compliance program. Policy 9.4.1: The County shall implement provisions of the contract with the Department of Environmental Protection under the Super Act provisions in order to avoid any duplication of effort. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. Policy 9.4,3: Unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62-761, F.A.C., as it existed on August 31, 1999. (I) OBJECTIVE 9.5 and Policy 9.5.1 [deleted] Text with single underline or single atri~cthrc,'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double at:'i!:z:!::'a::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 48 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 10: THE COUNTY SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. Policy 10.1.1: Priorities for water-dependent uses shall be: a. Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industries or utilities. Policy 10.1.2: No deep water ports shall be allowed. Policy 10.1.3: Priorities for water-related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy 10.1.4: The following priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses shall apply: a. b. C. d. e. f. g. areas presently developed, disturbed uplands, disturbed freshwater wetlands, disturbed marine wetlands, viable, unaltered uplands, viable, unaltered freshwater wetlands, viable, unaltered marine wetlands. Policy 10.1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) Text with single underline or single xtri!zcthrcuz, h reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 49 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 10.1.$: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump-out facilities; Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water. Marina facilities must be accessible to all public services essential to ensure their safe operation. Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 10.1.7: Marinas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy 10.1.8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate the economic need and feasibility for such development. Policy 10.1.9: These policies shall designated lands. serve as criteria for the review of proposed development in "ST" OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project. Text with single underline or single x:ri!;cthr~',~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~t:'i::::!::'z::Z,!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19. 2002. Page 50 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must protection of the natural form and function of the coastal barrier system. be compatible with Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of Text with single underline or single stri!rct?c.'~:gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i.~:zt!::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 51 of 63 Collier County Growth Management Plan Adopted 6-19- 02 Conservation and Coastal Management Element such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related to coastal barrier systems. Text with single underline or single stri!ccthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ot:'i.~'z:!::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 52 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4,6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Text with single underline or single ztri!rcthr~.::gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i.~c::::'a::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 53 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. Policy 10.4.10: Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.12: In permitting the repair and/or reconstruction of shore parallel structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired structures will be redesigned engineered stabilization Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Text with single underline or single stri~cthrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 54 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: Pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy 10,5.8: Prohibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 10.5.0: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.5.10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy 10.5.11: The County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. (I) OBJECTIVE 10.6: The County shall conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. (I) Policy 10.6.1: In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10. 5, development within the County's coastal zone shall also meet the following criteria: 1. Densities on the following undeveloped coastal barriers shall not exceed I unit per 5 acres: a. Wiggins Pass Unit FL-65P, Text with single underline or single stri!ccthrc'ugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i,~::.t!::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 55 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (I) (I) (I) b. Clam Pass Unit FI-64P, c. Keywaydin Island Unit P-16, d. Tigertail Unit FI-63-P, e. Cape Romano Unit P-15. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed pristine habitats (Reference Policy 10.1.4). Beachfront developments shall restore dune vegetation. Projects on coastal barriers shall be landscaped with native Southern Floridian species. Boathouses, boat shelters and dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds except where a continuous bed of seagrass exists off of the shore of the property, in which case facility heights shall be at least 3.5 feet NVGD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. Policy 10.6.2: The requirements of Policy 10.6.1 identifies the guidelines and performance standards for the undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine NRPA (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. Policy 10.6.3: For shoreline development projects where an ElS is required, an analysis shall demonstrate that the project will remain fully functional for its intended use after a six-inch rise in sea level. Policy 10.6.3: Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drilling projects in this sensitive area. Text with single underline or single stri!zcthrcugh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'i!:ct!::'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 56 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 11: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Policy 11.1.1: Continue in effect regulations regarding development and other land alteration activities that ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy 11.1.2: There shall be no loss of historic or archaeological resources on County-owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall be identified and shown on the site plans; The County shall establish waivers for non-safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy 11.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. Text with single, underline or single stri~cthr~'~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'!!:zt!::'z::g.~: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 57 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 12: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. (I) OBJECTIVE 12.1: The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Policy 12.1.1: A comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. This information shall be made readily available to all hotel/motel guests. (I) Policy 12.1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy 12.1.3: The County shall continue to identify shelter space that complies with Red Cross standards for 45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of 20 square feet per person. Policy 12.1.4: The County shall continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on-site or provide funding to enhance existing public shelters off-site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June-November time frame. On-site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as "essential facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed with adequate emergency electrical power and potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first-aid equipment. A telephone and battery-operated telephone is also required within the shelter. Text with single, underline or single ~tri~ethro',:gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double zt:'iP, zt!::'z::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 58 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element (I) (I) (I) (I) (I) Policy 12.1.5: The directors of the Transportation and Emergency Management Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table 1 of the Appendix. Policy 12.1.6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation routes. Policy 12.1.7: The County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. Policy 12.1.8: Upon approval of the "Local Hazard Mitigation Strategy" by the Department of Community Affairs Collier County will begin implementation of the Local Mitigation Projects as listed in the Plan. Policy 12.1.9: Construct all new Public Safety facilities to be floodproofed and designed to meet 160 mph wind load requirements. Policy 12.1.10: The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Policy 12.1.11: The County will continue to work with the Board of Regents, State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Policy 12.1.12: The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants and from funds identified in the annual Shelter Deficit Studies. (I) Policy 12.1.13: All new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities. Text with single underline or single xtri!cc:hrc',:'gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. Page 59 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element O) Policy 12.1.14: The County will consider establishing one-way evacuation routes on County maintained roads for storm events that have the potential for inundating Iow-lying populated areas. The County will coordinate with FDOT to consider one-waying State maintained roads that are primary evacuation routes for vulnerable populations. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP). Policy 12.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. Policy 12.2.5: The County shall consider the coastal high-hazard area as that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Policy 12.2.6: The County shall require that all new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. Policy 12.2.7: The County shall continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Text with single underline or single stri!rcthrc:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'i!:c:!:."z::~,~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 60 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element Policy 12.2.8: Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Policy 12.3.1: The Comprehensive Emergency Management Plan shall comply with the policies under this objective, and shall contain step-by-step details for post disaster recovery. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re-entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: The recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. Policy 12.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officials to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 12.3.5: Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Policy 12.3.6: Structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Policy 12.3.7: The County shall develop and adopt a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including Text with single, underline or single stri!~cthro:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 61 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element abandonment, repair in place, relocations, and reconstruction with structural modifications. This process shall consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 12.3.8: Within 30 days of a hurricane resulting in disaster the County shall identify non-public structures in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post-disaster recovery. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy 12,4,2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy '12.4.3: The County, in cooperation with the Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. Text with single underline or single stri!ccthrc.:~gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double z::'iJ:z:f::':~::~.t: reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 62 of 63 Collier County Growth Management Plan Adopted 6-19-02 Conservation and Coastal Management Element GOAL 13: THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Policy 13.1.1: There will be no unnecessary duplication of existing Regional, State, or Federal permitting programs. Policy 13.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It fulfills an important need not presently adequately met by existing Regional, State, or Federal regulation. b. The regulation can be effectively and efficiently administered by authorized increases to County staff. c. The cost to the County of implementing the regulation shall have been identified and considered. Text with single underline or single xtri~cthro::gh reflects Transmittal language as proposed changes to the current Growth Management Plan. Text with double underline or double. ""~-~'~ ...... ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Page 63 of 63 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub-Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROVVTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub-Element Symbol DATE AMENDED ** October 28, 1997 ORDINANCE NO. Ordinance No. 97-58 This is the EAR-based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. Indicates adopted portions Note: the support document will be updated as current information becomes available. ~/'. GOALS~OBJECTIVES AND POLICIES GOAL I: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer servi'ce utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. Policy 1.1.1: Continue the development of the Collier County Regional Sanitary Sewer System consistent with the Capital Improvements element to provide for future growth. Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and deoicted on the Collier County Water and Sewer District (Map ~PW-1 )~; the Rural Transition Sewer and Water District (Maps ~.PW-3 and PW-4); Sendinc~ Lands within the Rural Frinoe Mixed Use District when Density Blendino.. as provided for in the Density Ratinq System of the Future La,',d Use Element. is utilized: and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1 .t .3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County will establish and implement a program requiring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and service criteria, including level of service provided, consistent with the goals, objectives and policies of this Plan, for the expansion and/or replacement of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Also, County Ordinance 80-112 requires and new development connecting to private STP submit capacity availability information with building permit applications. Policy 1.1.4: Permit development of package sewage treatment plant systems ir~ areas identified in Policy 1.1.2. on an interim basis until County service is available, c?.!y ':.'!th!n thc -r2cc!~.".ctc~ ~2r~c~ .".fcc cf th" ~ Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system. SS- 1 2'ext with single unaerlme or single :.'trt:ccti:r~:u&':: reJtecls '1 rana'mtttal la~tguage as proposea c~mt~Ige~' to t~e currettt t~ro vvtlt ,,~4aJtageme~l Pla~. Texl wilh double ~!clcr/mc: or do~ble ;,~",i.z:e,'4..,~vw:d.l~ reflec'l$ proposed cha~lg¢3' ~o the Yra~smitlal /a~g~age a~' adopted by the BCC on June 19, 2002. Policy 1.1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. Policy 1.1.6: The County will give planning and budgetary priority to regional sanitary sewer system projects which will provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affect public health and safety or the environment. Policy 1.1.7: Where Community Development Districts, or similar special districts are established to provide' a tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. OBJECTIVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202,, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: [Note: The County Standard of 100 gpcd (gallons per capita per day) plus the 21% non- residential adjustment factor discussed in Section III is presented below as 121 gpcd (100 x 1.21 - 121) for simplicity.] LEVEL OF SERVICE FACILITY/SERVICE AREA STANDARD Collier County Facilities North Sewer Service Area Central Sewer Service Area South Sewer Service Area Marco Sewer Service Area 121 gpcd 121 gpcd 121 gpcd 121 gpcd City of Naples Facilities Unincorporated Service Area 121 gpcd Everglades City Facilities Unincorporated Service Area 121 gpcd SS- 2 Mrmagement Plan. Te.r! with double unc[e~'Ji,(, or double :';:'L~:v:,t::-,;;~ /'~l?ects proposed changex to thc Transmilta! language adopted by the BCC on June 19, 2002. Independent Districts/Private Sector Systems The standards hereby adopted are the following sewage flow design standards (Source: Chapter 10D-6, Florida Administrative Code) unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF ESTABLISHMENT ' GALLONS PER DAY (GPD) Commercial Airports a. Per passenger 5 b. add per employee 20 Barber and Beauty Shops (per chair) lO0 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices a. perwet chair 200 b. per non-wet chair 50 Doctors Offices (per doctor) 25O Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided b. showers provided 20 35 Food Service Operations a. ordinary restaurant (per seat) b. 24 hour restaurant (per seat) c. single service articles only (per person) d. bar and cocktail lounge (per person) e. drive-in restaurant (per car space) £. carry out only ~_. per 100 square feet of floor space 2. add per employee 5O 75 25 3O 5O 5O 2O Hotels and Motels a. Regular (per room) b. Resort hotels, camps, cottages (per person) c. add for establishments with self service lO0 75 SS- 3 Managemen! P/au. Tex! with double underline or doz~b/e ~:."i}::./;;.,::;i..h rq. flects proposed change; to Ibc D'ansmilta! language adopted by the BCC on June ]9, 2002. laundry facilities (per machine) Office Building (per worker) Service Stations (per bay) Shopping Centers without food or laundry (per square foot of floor space) Stadiums, Race Tracks, Ball Parks (per seat) TYPE OF ESTABLISHMENT Stores (without food service) a. private toilets, for employees only (per employee) b. public toilets (per square foot of floor space) Theaters b. Indoor, auditoriums (per seat) Outdoor, drive-ins (per space) Trailer/Mobile Home Park (per trailer space) Travel Trailer/Recreational Vehicle Park a. Travel trailer (overnight), without water and sewer hook-up (per trailer space) b. add for water and sewer hook-up (per trailer space) Swimming and bathing facilities (per person) Institutional Churches (per seat) Hospitals (per bed) Nursing, rest homes (per person) Parks, public picnic a. with toilets only (per person) b. with bathhouse,showers and toilets (per person) Public institutions other than schools and hospitals (per person) Schools (per student) a. day type add for showers c. add for cafeteria SS- 4 4OO 2O 50O 0.1 5 GALLONS PER DAY (GPD) 20 0.1 5 10 2OO 5O 100 10 3 200 100 5 10 100 15 5 5 Ma~ageme~t Plan. Text with do~tble zmderli~e or doztble ~!riS::i::'~::jz~ r~?Tects p/'oposed cflangex to the Transmitta! la~g/tage as adopted by the BCC on June 19, 2002. cl. add for day school workers e. boarding type Work/Construction camps semi-permanent (per worker) Residential Residences a. Single family (per bedroom) apartment (per bedroom) c. Mobile home not in a trailer park (per bedroom) d. Other (per occupant) 15 75 5O 150 150 150 75 Footnotes: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six percent (66%) of the total establishment wastewater flow. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from restroom facilities. Policy 1.2.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.2.3: These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer treatment facilities. Policy 1.2.4: Annually review historical sanitary sewer demand records and adjust these LOS standards if so indicated by said annual review. Objective 1.3: The County will continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage. Policy 1.3.1: Include sludge de-watering and stabilization facilities with all County wastewater treatment plants to produce sludge de-watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. OBJECTIVE 1.4: The County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies. SS- 5 Text with single underline or single s:rihc:hr~.ugh reflects ]'ransmlltal language as proposea changes lo the curretil Orowlh Management PlatL Text wilh double w~derh'~e o~ double ~,:':,,c_.'.,'~,':.~,. reflecl.s' l~rol)osed changes lo thc Transmittal language a~' adopted by the BCC on June 19, 2002. Policy 1.4.1' Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater plants. Policy 1.4.2: Connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1,4,3: Connect existing and future privately owned land suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks, when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.4: At such time that effluent will be available, permit the construction and connection of dual water systems to the county's effluent system (i.e., separate potable water and treated wastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy 1.4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and master metered by the County. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, a~ in Receivinq and certain Neutral Lands within the Rural Fringe Mixed Use District1 and in the Rural Settlement District. all of which are depicted on ef the Future Land Use Map,-~ E!cmc?.t _'cf th!c P!:~, :~d a~4=eCwhieh These areas are further identified as~ within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub- element, except the outlying urban areas of Immokalee~ Copeland~ Chokoloskee; Plantation Island. and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Map PW-3 of the Potable Water Sub-element; or in Sending Lands within the Rural Frinqe Mixed Use District when Density Blending ~,=u~-,~e~, as provided for in the Density Rating System of the Futura Land Use ElemenL is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. SS- 6 '.[ exl wllh stngle unaerlule or sulgte s'~r.':cc'J:rc;u&';; rejtecls ~1 rallXllllllal lallguage aa'])roIgo,~'ea c'tlalljge6 lo tile current Urowltt Mauagemenl P/au. Tex! ~,it/~ double uncler/ine or double ~,~.',('c.',~:;'~;,'g,4: rcflecls p~'oposed chan~cs lo t/lc Tran,s'milta[ /anguage adopted by the BCC on June 19, 2002. Within Section 15 (Township 48 South; Range 26 East) of the approved Mirasol PUD. which is designated Neutral. central sanitary, sewer s.vstems ma.v be permitted. This area is depicted on the Rural Transition Water and Sewer District-Mirasol Map (PW-4). Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Policy 1.5.3 , Under criteria may be eligible for central sanitary sewer service from Collier County Utilities, or a private sector/independent district, within the Receiving Areas identified on the Rural Transition Water and Sewer Map (PW-3) of the Potable Water Sub-element, subiect to availability. Qualifying criteria will be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Manaqement Elements of the Plan to obtain preservation standards established for environmentally sensitive lands in the Sendinq Areas of the Rural Frinqe Mixed Use District. Criteria for central sanitary sewer service eligibility may include, but are not limited toI plans for development which utilize creative planning techniques such as clustering, density blendin_q, rural villaqes, and TDRs from identified environmentally sensitive areas. Criteria for eliqibility may be amended and additional Sendinq and Receiving Lands may be designated in the future. Central Sanitary. Sewer collection lines; within the Rural Transition Water and Sewer District, ma.v extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. SS- 7 g4cmageme~d Plan, Text x,vitl~ double underli~te or doz~ble ztri,t::.4u'~v:,'g!: rqflecls propoxed chm~gcs to the D'ansmitta! lang~age ax adopted by the BCC on June 19, 2002. SOUTH 'SEWER: SERVICE AREA.-- SANITA'RY SEWER FACI'LtTIES Colll~ .OOunty, .Fl:ortd~ MARCO SE~R ;sERVICE AREA- 'SAN'tTARY 'SE:WlER FA-QU TIES C, OUNTY 'OV~rn/'Oe~R~D: cou~c'ne~ .92' PROJ. NO. 901 9O2 9O6 9O8 9O9 910 911 912 913 914 915 916 917 918 TABLE SS-18 COLLIER COUNTY SANITARY SEWER FACILITIES FY88189 - FY94/95 (See Map SS-34 for Project Locations) PROJECT DESCRIPTION 2.0 MGD Expansion (to 4.5 MGD) of North County Regional Wastewater Treatment Facility & Effluent Distribution System Completed East and South Naples Sanitary Sewer Collection System Completed Utilities Administration Building Deleted 8" Sewage Transmission Main - CR-951 - from Pump Station No. 3.15 to Pump Station No. 3.20 Under Construction, combined with Roads 12" Sewage Transmission Main - CR-951 -from Pump Station No. 3.19 to Pump Station No. 3.20 No Plans due to lack of Growth 10" Sewage Transmission Main - Davis Blvd. - from Pump Station No. 11 to Santa Barbara Blvd. Completed South County Regional Master Pump Station No. 3.11 Deleted 10" Sewage Transmission Main - Davis Blvd. -from Pump Station No. 3.14 to Pump Station No. 3.11 Completed South County Regional Master Pump Station No. 3.14 Design Completed, Construction on Hold 20" Sewage Transmission Main - US 41 - from Pump Station No. 3.18 to Pump Station No. 3.01 Completed South County Regional Master Pump Station No. 3.18 Completed 8.0 MGD Expansion (to 12.0) of South County Regional Wastewater Treatment Facility Delayed, expansion to 16 MGD presently being addressed. 4.5 MGD Expansion (to 7.5 MGD) of North County Regional Wastewater Treatment Facility Completed 20" Sewage Transmission Main - Rattlesnake Hammock Road - from Pump Station No. 3.20 to Pump Station No. 3.02 Completed SS- 11 Management Plan. Text with double underline or double zt:'i!:::5:'c::g!: reflects proposed changes to the Transmittal language as adopted by the BCC on ,June 19, 2002. 919 92O TABLE SS-18 Continued COLLIER COUNTY SANITARY SEWER FACILITIES FY88189 - FY94195 (See Map SS-34 for Project Locations) South County Regional Master Pump Station No. 3.20 On Hold South County Regional Master Pump Station No. 3.16 Completed PROJ. NO. 921 PROJECT DESCRIPTION 12" Sewage Transmission Main -CR-951 -from Pump Station No. 3.16 to Pump Station No. 3.18 Completed 922 Telemetry System for North County Regional Pump Stations Deleted as CIE Notes: 1. Project Numbers correspond to those presented in the Capital Improvement Element of this Comprehensive Plan 2. MGD is million gallons per day 3. Additional CIE's added to the Update and Amendments of the Capital Improvement Element have been completed and are shown on Map SS-34. Finally, and perhaps most importantly, the County must continue and expand efforts for conservation of potable water supplies by increasing the use of treated wastewater effluent, or reclaimed water, for irrigation use. The County has already made significant inroads in this regard by negotiating agreements with area golf courses for the use of wastewater effluent for irrigation needs. This program needs to be continued and expanded to promote effluent use wherever suitable. Further, the County needs to develop an effective public information program promoting these efforts. The above discussed recommendations are the basis of the Goals, Objectives and Policies presented in the following section. SS- 12 Ma~ageme~l Pla~. Tex! ,~4th double lmderli, e or double zl:'.:.~;c:J::'c::gJ: reflects proposed cha~ges to the Transmittal language as adopted by the BCC on June 19, 2002. Collier County Sanitary Sewer Facilities )ital Improvements FY88/89 - FY94/95 'WAST~*WATI~R TRAN$1dlS8IOIt 1Ji'iE.4 Al'ID ~R POMP ~TATIONS May 19, 1992 /V/~Tna~eme/~t Pla~. Text wil/z do~ble ~.Tderline or do~ble ~,:7~:v,.::',?;,'.? rq/lects proposed c]?a/~.¢~t to t/re Transm/ttal la~guage as adopted by the BCC on Ju~e 19, 2002. COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Symbol DATE AMENDED October 28, 1997 ORDINANCE NO. Ordinance No. 97-57 ** This is the EAR-based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. * Indicates adopted portions Note: the support document will be updated as current information becomes available. V. GOALS~ OBJECTIVES AND POLICIES GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the needs of the County owned and operated systems for the five (5) and ten (10) year planning time frames of this Plan, said supply sources meeting the minimum Level of Service Standards established by this Plan. Policy 1.1.1: By June 1998 complete the pilot ASR ( Aquifer Storage and Recovery) system Study as a potential emergency and seasonal potable water source. Policy 1.1.2: Continue to implement a program for the protection of existing and potential potable water supply sources. Policy 1.1.3: Identify sufficient quantities of brackish water to meet the County's estimated 10 year growth related needs. OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth. Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water and Sewer District (Map ~.PW-1), the Rural Transition Sewer and Water District (Maps 4. PW-3 and PW-4~, and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.2.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the extent of the County's authority private sector potable water service utilities, establish and file with the County a statement of their policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion, PW- 1 ]'ext with single underline or single s:ri/;c:hrcugh reflects ~D'ansm~llal language as proposea changes to the current Growli~ Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. replacement, and/or repair of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Policy 1.2.4: P~rmit development of potable water supply systems as follows: within the Designated Urban Area of th~ Plan and as depicted on the Collier Coun~ Water and Sewer District (Map 4PW-1)~. and in the outl_ving urban areas of Immokalee. Copeland~ Chokoloskee., Plantation Island; and Port of the I~lands; within the Rural Transition Water and Sewer District (Maps ~.PW-3 and PW-4); in Sending. L;nds within the Rural Frinoe Mixed Use District when Density Blendine_: as provided for in the D~r~sit.v Ratin(] System of the Future Land Use Element~ is utilized; an~ in areas where County water ~ervice is not currently available. Such potable water supply systems shall only be allowed on an interim basis until Cou~t.v service is available. Individual potable water supply wells may be permitted in all of the above areas on an interim basis until County. service is available~ and outside of the above referenced boundaries where potable water ~uppl_v systems are not anticipated. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. Policy 1.2,6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76, the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. OBJECTIVE 1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1,3,1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of water usage data since 1989 indicated the LOS standard for finished water should be increased to 185 gpcd. Review of the historical ratio of residential to non-residential demand PW- 2 Management Plan. Text with double underline or double z:ri.~:c:!:rc::g!: reflects proposed changes to the Transmittal language as adopted by the BCC o, Ju~e I9, 2002. indicated that approximately 17% of the total water usage is non-residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. FACILITY/SERVICE AREA COLLIER COUNTY FACILITIES County Water and Sewer District Marco Water and Sewer District Goodland Water District LEVEL OF SERVICE STANDARD 185 gpcd 200 gpcd 163 gpcd CITY OF NAPLES FACILITIES Unincorporated Service Area 163 gpcd~ EVERGLADES CITY FACILITIES Unincorporated Service Area 163 gpcd INDEPENDENT DISTRICTS/PRIVATE SECTOR SYSTEMS The standard hereby adopted is the following "sewage" flow design standards, unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems: (Source: Chapter 10D-6, Florida Administrative Code) GALLONS PER TYPE OF ESTABLISHMENT DAY (GPD) COMMERCIAL Airports a. per passenger 5 b. add per employee 20 Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices a. per wet chair 200 b. per non-wet chair 50 Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided b. showers provided 2O 35 Food Service Operations a. Ordinary Restaurant (per seat) 50 b. 24 hour Restaurant (per seat) 75 c. Single Service articles only (per person) 25 d. Bar and Cocktail Lounge (per person) 30 PW- 3 Text with single underline or single str:lzc:;:rc, ugh reflects 2ransmtltal language as proposea ctianges to lhe current Orowtn Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on June 19, 2002. e. Drive-in Restaurant (per car space) f. Carry Out only i. per 100 square feet of floor space ii. add per employee g. Institutions (per meal) 50 5O 20 5 Hotels and Motels a. Regular (per room) b. Resort Hotels, Camps, Cottages (per person) c. add for establishments with self service laundry facilities (per machine) 150 75 400 Office Building (per employee per 8 hour shift) 20 Service Stations (per water closet and per urinal) 25O Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race Tracks, Ball Parks (per seat) 5 Stores per square foot of floor space 0.1 Swimming and Bathing Facilities, public (per person) 10 Theaters a. indoor, Auditoriums (per seat) b. Outdoor, Drive-ins (per space) 5 10 Trailer/Mobile Home Park (per trailer space) 200 Travel Trailer/Recreational Vehicle Park a. Travel Trailer (overnight), without water and sewer hookup (per trailer space) b. Travel Trailer (overnight), with water and sewer hook-ups (per trailer space). 75 100 INSTITUTIONAL Churches (per seat) Hospitals (per bed) (does not include kitchen wastewater flows) 3 20 Nursing, Rest Homes (per bed) (does not include kitchen wastewater flows) 100 Parks, Public Picnic a. with toilets only (per person) b. with bathhouse, showers and toilets (per person) 5 10 Public Institutions other than Schools & Hospitals (per person) 100 PW- 4 Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on Ju~e ]9, 2002. Schools (per student) a. day-type b. add for showers c. add for cafeteria d. add for day school workers e. boarding-type 15 5 5 15 75 Work/Construction Camps Semi-permanent (per worker) 50 RESIDENTIAL Residences a. Single or multiple family (per dwelling unit) I bedroom and 600 square feet or less heated or cooled area bedrooms and 601 - 1000 square feet heated or cooled area 3 bedrooms and 1001 - 2000 square feet heated or cooled area 4 or more bedrooms and more than 2000 square feet heated or cooled area 150 3OO 450 6OO b. Other (per occupant) 75 FOOTNOTES: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six percent (66%) of the total establishment wastewater flow. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from restroom facilities. Policy 1.3.2: In order to ensure these Level of Service Standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.3.3: These Level of Service Standards are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 1.3.4: Annually review historical potable water demand records and adjust these Level of Service Standards if so indicated by said annual review. OBJECTIVE 1.4: The County will continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. PW- 5 'Jexl with single unaerltile or slttgte sl;';;ic:;;;'c;:~g;; reJlects '.lt'all2,'lltlllClt lattguagc a,~' proJ)oa'ea cltatlJgea' lo lite CtilTeltl Ol'OWlti Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by tire BCC on June 19, 2002. Policy 1.4.1' Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 1.4.2: Continue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible. Policy '1.4.3: Continue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks when economically feasible. Policy '1.4,4: Pursuant to general law (Chapter 91-68, Laws of Florida), by November 1, 1992, adopt a resolution promoting the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscaping irrigation. Policy '1,4.5: By January 1, 1998, develop a public water conservation program for reducing potable water use. Policy '1.4.6: At such time as excess effluent is available, permit construction and connection of dual water systems to the County's effluent transmission system (i.e., separate potable water and treated wastewater effluent) in new subdivisions when the construction and or connection of a dual water system will not negatively impact the potable water systems regulatory compliance or operation. Policy '1.4,7: By January 1998 complete a study to determine the feasibility of using treated effluent to create a salinity barrier to reduce the potential for salt water intrusion in to the County current and future wellfields. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy '1.5.'1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, ~ in Receivin.q and certain Neutral Lands within the Rural Frinqe Mixed Use District, and in the Rural Settlement District. all of which are depicted on o~ the Future Land Use MapT. E!cmc.".t cf thl: P!c."., c?.-2 c~l cf '::h!__.h These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element, except the outl.vina urban areas of Immokalee: Copeland; Chokoloskee.. Plantation Island.. and Port of the Islands: or within the Rural Transition Water and Sewer District Boundaries on Map PW-3 of the Potable Water Sub-element; orin Sendinq Lands within the Rural Frinqe Mixed Use District when Density Blendin.q ~, as provided for in the Density Rating System of the Future Land Use PW- 6 Management Plan. Text with double underline or double ~ reflects proposed changes to the Transmittal language as adopted by the BCC on dune 19, 2002. Element~,S__u_tJJJT..e_~ and. in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Within Section 15 (Township 48 South.. Ranoe 26 EasO of the approved Mirasol PUD.. which is designated Neutral, central potable water systems ma.v be permitted. This area is depicted on the Rural Transition Water and Sewer District-Mirasol Map (PW-4). Policy '1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Policy 1.5.3 Under criteria, proiects may be eligible for central potable water service from Collier County Utilities, or a private sector/independent district, within the ReeehA¢~ ,~areas identified on the Rural Transition Water and Sewer Map (PW-3) of the Potable Water Sub-element, subiect to availability. Qualifying criteria will be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the Plan to obtain preservation standards established for environmentally sensitive lands in the Sendinq Areas of the Rural Frinqe Mixed Use District. Criteria for potable water service eligibility may include, but are not limited to, plans for development which utilize creative planning techniques such as clustering, density blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and Receivinq Lands may be desiqnated in the future. Central potable Water distribution lines., within the Rural Transition Water and Sewer District. may extend throuqh Sending Lands; however, no properties designated as Sending Lands may connect to the distribution lines. PW- 7 Management Plan. ~'ext with double ~nderline or double :::'!!:::!::'c::g!: reflects proposed changes to the [ransmittal language as adopted b,v the ~CC on dune ]9, 2002. COLLIER MAP PW-1 COUNTY'S THREE (3) WATER AND/OR DISTRICTS - BOUNDARIES Collier County, Florida I I I I ! SEWER CJTY OF NAPLES WATER SERVICE AREA P'a4e R1DGE RD GULF OF MEXICO OF RATILESNAICE HAMMCX~( RD COUNTY IN'fl~3TAI~ - 75 6 ~m. a~ PREPARED BY: GRAPHIC~ At, lO TECHNICAL SUPPORT :SECTION COMMUNITY DEVELOPMENT AND ENMRONMENTAL SERVIC[S D~X~SION SOURC[: COLLJER COUNTt' U11LITIES DIM:SION. 1995 DALE: 9/95 FILE: PW-1.DWG MA WA' SEWER DISTRICT % · · · · I GOODLAND WATER DISTRICT I I I 7.1 PW-2 COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT- POTABLE WATER FACILITIES Collier County, Florido LEE. co COLLIER. CO CARICA TWO5 MGD GROUND STORAGE TANKS ROAD (C.R. NAPLE:: :"-~':3KAL[E ROAD 30" 12 MOD NOR~}I REGIONAL WATER I~EATMENT PLANT 12 MOD STORAGE 27 MGD INSTALLED RAW WATER WELLFIELD (31.7 MGO MAX. DAILY PERMITT/D WITHORAWAL) RAW WATER TRANSMISSION MAIN CITY OF NAPLES WATER SERV1CE AREA 12 MGD RE~ONAL WATER TREA3MENT PLANT ~11t 6 MG AND 2 MG GROUND STORAGE TANKS GULF OF MEXICO CI Ro,~ (C.R. LEGEND ~ INDICATES AREAS CURREN~.Y SERVED BY COUNTY TRANSMISSION AND DISTRIBUTION SYSTEM O WATER TREATMENT PLANTS 13 REPUMP FACILITIES O STORAGE TANKS X COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT SCALE 1MI. 2Mh PREPARED 8~. GRAPHICS AND 3[CHNICAL SUPPGRT c~CllON COMMUNITY OE:~r.J. OPM~.NT ANO EN~RONMENTAL ~1(~S DIVI~ON SOURC[: CO. UER ('4XJNTY U11U31[S 0f'vISlOg, 1995 DATE: g/g5 FILF~ PW-2. DWG MANATEE ROAD REPUMP FAClUTY AND 2MG GROUND STORAGE TANK STATE PARK ISLES OF CAPRI REPUMP FACIUTY AND 0.25 MG GROUND STORAGE TANK RURAL TRANSITION WATER & SEWER DISTRICT MAP PW-3 (this Is a new map) LEGEND I R ~ E I R Zr E I R ~ '~ RURAL TRANSITION WATER & SEWER DISTRICT - MIRASOL MAP PW-4 (this Is a new map) LEGEND PROJECT NO. 800 801 809 811 812 813 815 816 817 818 819 820 823 TABLE PW-11 COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT POTABLE WATER FACILITIES FY88/89 - FY94/95 (See Map PW-19 for Project Locations) PROJECT DESCRIPTION 16" Water Main - Manatee Road - Manatee Road Pump Station to US 41; US 41 - Manatee Road to Westwind Drive Mobile Home Park (Master Plan Project Nos. 465; Part 516) Deleted 20" Water Main - Rattlesnake Hammock Road - County Barn Road to US 41 (Master Plan Project Nos. 452, 453) Completed Carica Road Storage Tank Pumping Facilities (Master Plan Project No. PS-l) Completed Land Acquisition for North County Regional Water Treatment Plant (Part of Master Plan Project No. NWTP-1) Completed Hydrogeologic Services - North County (Coral Reef) Regional Wellfield (WMP #NRP-1) Completed 12" Water Main - Radio Road - Countryside to Foxfire (Master Plan Project No. 406) Completed 16" Water Main - Pine Ridge Road - Airport Road to Livingston Road (Master Plan Project No. 188) Completed 20" Water Main - Goodlette Road - Pine Ridge Road to Carica Road Storage Tank (Master Plan Project No. 256) Completed 12" Water Main - Seagate Drive - US 41 to Pelican Bay Master Meter (Not in Master Plan) Completed 16" Water Main - Airport Road - Vanderbilt Beach Road to Immobile Road (Master Plan Project No. 179) Completed 12" Water Main - Immobile Road - Airport Road to Willoughby Acres (Master Plan Project No. 198) Completed 16" Water Main - Immobile Road - Willoughby Acres to Livingston Road (Master Plan Project No. 178) Completed 12" Water Main - CR-951 - Manatee Road to CR-952 (Master Plan Project No. 509, 527) Completed PW - 12 Tert with sin?lc ~/~derline o.,' single ~q4,{'e~]~:~gh rqflcc'13 TraJ~smitla] lattguage as tarojaosea cl~anges to lhe currenl Growth Management Plan. Text with double underline or double ::~:-!.t:£'~.~::-£:..~..~; reflects proposed chan~es to the Transmittal language as adopted by the BCC o~t 3zo~e 19, 2002. 824 825 TABLE PW-11 (continued) COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT POTABLE WATER FACILITIES FY88/89 - FY94/95 (See Map PW-19 for Project Locations) 12" Water Main - CR-952 - CR-951 to Isles of Capri Pump Station (Master Plan Project No. 523) Bid - Construction 20" Water Main - Rattlesnake Hammock Road - Lely Resort to County Barn Road (Master Plan Project Nos. 450, 451) Completed PROJECT NO. 826 PROJECT DESCRIPTION 12" Water Main - 6th Street - 91st Avenue to 11 Ith Avenue (Master Plan Project Nos. 137,140) Completed 827 16" Water Main - Gulfshore Drive, Vanderbilt Beach Road, Vanderbilt Drive, and 91st Avenue; 11 lth Avenue to 6th Street (Master Plan Project Nos. 261,262, 263,264, 265, 266) Completed 828 North County (Coral Reef) Regional Wellfield - Phase I (Master Plan Project No. NRW-1) Deleted 829 North County Regional Water Treatment Plant (Master Plan Project No. NWTP-1) Completed 830 36" Water Main - Immobile Road - CR-951 to North County Regional Water Treatment Plant (Master Plan Project No. 216) Completed 831 36" Water Main - CR-951 - Vanderbilt Beach Road to Immobile Road (Master Plan Project No. 215) Woodlands PUD (Master Plan Project No. 214) Completed 832 24" Water Main - Immobile Road - CR-951 Completed 833 20" Water Main - Immobile Road - Woodlands PUD to Quail Creek PUD (Master Plan Project No. 212) Completed 834 16" Water Main - Quail Creek PUD - Immobile Road to Quail Creek Storage Tank (Master Plan Project No. 211) Completed 835 16" Water Main - Immobile Road - Quail Creek PUD to Oaks Blvd. (Master Plan Project No. 202) Completed 836 12" Water Main - Immobile Road - Oaks Blvd. to Livingston Road (Master Plan Project No. 184) Completed PW - 13 Management Plan. Text with double_underline- ~.,_=~ or double ~t'~'~' ...... ~' rqflects propoxed change,c to the Transmittal [anguage ax aaopzed by lhe BCC on du~e 19, 2002. 837 838 TABLE PW-11 (continued) COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT PROPOSED POTABLE WATER FACILITIES FY88/89 - FY94/95 (See Map PW-19 for Project Locations) 16" Water Main - Livingston Road Extension (North Naples Roadway MSTU) - Immobile Road to Old US 41 (Master Plan Project Nos. 169,170, 171,255) Not CIE - MSTU 1.5 MGD Elevated Storage Tank - US 41 and Old US 41 (Master Plan Project No. ET-I) Deleted PROJECT NO. 839 PROJECT DESCRIPTION 16" Water Main - Old US 41 - Livingston Road to US 41/Old US 41 Elevated Storage Tank (Master Plan Project No. 167)Deleted 840 16" Water Main - Pine Ridge Road - Livingston Road to Vineyards PUD (Master Plan Project Nos. 302, 303) Completed 841 16" Water Main - Davis Boulevard - Foxfire PUD to Glades Water Treatment Plan (Master Plan Project No. 417) Completed 842 5 MG Ground Storage Tank and Pumping Facilities - Collier DRI (Master Plan Project No. GST-4, PS-5) Deleted 843 12" Water Main - Pine Ridge Road - Goodlette Road to Airport Road (Master Plan Project No. 189) Completed 844 12" Water Main - Pine Ridge Road - US 41 to Goodlette Road (Master Plan Project No. 190) Completed 846 12" Water Main - US 41 - Vanderbilt Beach Road to Gulf Park Drive (Master Plan Project No. 161) Deleted 847 12" Water Main - Immobile Road - Airport Road to North County Regional Wastewater Treatment Plant Entrance Road (Master Plan Project No. 175) Completed 848 12" Water Main - US 41 - Gulf Park Drive to Pine Ridge Road (Master Plan Project No. 191) Deleted 849 North County (Coral Reef) Regional Wellfield - Phase II (Master Plan Project No. NRW-2) Deleted 850 Golden Gate Regional Wellfield Expansion Plan Project No. SRW-2) Completed New North County Regional Water Treatment Plant 8 mgd expansion PW - 14 Management Plan. Text with double underline or do~tble z::-.",t:c:.~::.z:..,:% rqflectx proposed cha,pex to the Transmitta/ la,guage a~; aaopted Oy lhe BCC on duJze 19, 2002. New New New New TABLE PW-11 (continued) COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT PROPOSED POTABLE WATER FACILITIES FY85/$9 - FY94/95 (See Map PW-19 for Project Locations) 8 MGD RO Water Treatment Facility 12" Water Main - Tamiami Trail - Manatee Road to end of System 12" Water Main ~ Livingston Road Wyndemere and Radio Road 16" Water Main - Radio Road - Santa Barbara Blvd. - CR 951 PROJECT NO. PROJECT DESCRIPTION New 12" Water Main- Livingston Road Immobile Rd to Vanderbilt Beach Road New 12" Water main - Livingston Road - Vanderbilt Road - Pine Ridge Road Notes: 1. Project numbers correspond to those presented in the Capital Improvement Element of this Comprehensive Plan. Source: Collier County Water/Sewer District, 1995 The County has established a Concurrency Management System to monitor the Level of Service provided by the private sector. The County has not direct authority to require other private or public systems to address existing and projected deficiencies. This is a politically sensitive topic and State law does not provide direct authority to Counties to accomplish this task. Finally, and perhaps most importantly, the County must continue to expand efforts to conserve potable water supplies. The County has made significant inroads in this regard by negotiating agreements with area golf courses for use of wastewater effluent for irrigation needs. This program continues and will be expanded to promote effluent use wherever suitable and sufficient quantities of effluent are available. Further, the County needs to develop an effective public information program promoting conservation methods in general. The recommendations described above are one basis of the Goals, Objectives and Policies presented in the following section. PW - 15 adopted by the BCC on June 19, 2002. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, Petitioners, vs. COLLIER COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents, and JAMES A. BROWN, JR., AS TRUSTEE OF THE EAST NAPLES LAND COMPANY; BARRON COLLIER PARTNERSHIP; COLLIER ENTERPRISES, LTD.; CONSOLIDATED CITRUS LIMITED PARTNERSHIP; PACIFIC TOMATO GROWERS; ALICO, INC.; and JACK PRICE AND RUSSELL PRIDDY, INDIVIDUALLY AND JOINTLY AS EASTERN COLLIER PROPERTY OWNERS, Intervenors. Case No. 00-0540GM RECOMMENDED ORDER A formal hearing was held in this case before Lawrence P. Stevenson, a duly-designated Administrative Law Judge of the Division of Administrative Hearings, on June 12 through 14, 2000, in Naples, Florida. For Petitioners: APPEARANCES Thomas W. Reese, Esquire 2951 61st Avenue, South St. Petersburg, Florida 33712 For Respondent, Collier County: Martha Harrell Chumbler, Esquire Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 Marjorie M. Student, Esquire Collier County Attorney's Office 3301 East Tamiami Trail Administrative Building, 8th Floor Naples, Florida 34112-4902 For Respondent, Department of Community Affairs: Shaw P. Stiller, Esquire Office of the General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 For Intervenors, jointly referred to as Eastern Collier Property Owners: Ernest A. Cox, Esquire Patrick W. Maraist, Esquire Gunster, Yoakley, Valdes-Fauli & Stewart 777 South Flagler Drive, Suite 500E West Palm Beach, Florida 33401 For Intervenor, James A. Brown, as Trustee of the East Naples Land Company: C. Laurence Keesey, Esquire R. Bruce Anderson, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 STATEMENT OF THE ISSUE At issue in this proceeding is whether the amendments to the Collier County Comprehensive Plan adopted by Ordinance No. 99-82 (the "Interim Amendments") are "in compliance" as that term is defined in Section 163.3184(1) (b), Florida Statutes. PRELIMINARY STATEMENT On November 23, 1999, Collier County (the "County") adopted the Interim Amendments to the Collier County Comprehensive Plan (the "Plan"). The Department of Community Affairs (the "Department") reviewed the Interim Amendments and determined that they were "in compliance" pursuant to Section 163.3184(1) (b), Florida Statutes. On January 4, 2000, the Department published a Notice of Intent to find the Interim Amendments "in compliance." On January 20, 2000, the Petitioners Florida Wildlife Federation and Collier County Audubon Society (the "Petitioners") filed with the Department a Petition for Hearing, pursuant to Section 163.3184(9), Florida Statutes. The Petitioners' general allegations were that the Interim Amendments are not in compliance with Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code; are inconsistent with other provisions of the Plan; and are not supported by data and analysis. Paragraph 5 of the Petition set forth the challenged portions of the Interim Amendments as follows: a. The portion of the Future Land Use Element (FLUE) entitled Agricultural/Rural Designation (Ag/R), especially including the Natural Resource Protection Area (NRPA) section, the addition of the word "mostly" before the Ag/R phrase "allowable land uses", the Ag/R expansion of existing uses, the Agricultural/Rural-Mixed Use District section, the Rural-Settlement Area District, and the Conservation Designation; b. The portion of the FLUE entitled Golden Gate Area Master Plan, especially including the insertion of word "conditional", and continuation and expansion of existing uses; c. The Future Land Use Map (FLUM) Series designation of NRPAs; and d. The failure of Collier County to adopt interim Wildlife Protection and Wetland Protection amendments as required by the Administration Commission's June 22, 1999, final order; data and analysis; Fla. Admin. Code Chapter 9J-5; Chapter 187, Fla. Stat.; and the Collier Plan. On January 31, 2000, the proceeding was transferred to the Division of Administrative Hearings for conduct of a formal hearing. On the same date, Barron Collier Partnership; Collier Enterprises, Ltd.; Pacific Tomato Growers; Consolidated Citrus Limited Partnership; Alico, Inc.; Jack Price; and Russell Priddy (collectively referred to as "Eastern Collier Property Owners" or "ECPO") petitioned for leave to intervene. On February 16, 2000, James A. Brown, Jr., as Trustee of the East Naples Land Company (the "Trustee") petitioned for leave to intervene. By orders dated February 24, 2000, and March 8, 2000, respectively, the petitions of ECPO and the Trustee were granted. Pursuant to the Initial Order, the parties submitted a joint response advising of the pendency of a related case, DOAH Case No. 99-4910GM, which was consolidated with this case. On May 26, 2000, the County and the Department filed a joint motion to sever, on the ground that the plan amendment that was the subject of DOAH Case No. 99-4910GM had been repealed by the County, 4 mooting that proceeding. The Petitioners did not oppose the motion. The cases were severed and, on June 8, 2000, an order was entered closing the file of the Division of Administrative Hearings in Case No. 99-4910GM. On June 6, 2000, the County filed a Motion to Strike paragraphs 5(a) and 5(b) of the Petition, to which the Petitioners offered no opposition. Accordingly, the County's Motion to Strike was granted and paragraphs 5(a) and 5(b) of the Petition were stricken. On June 9, 2000, the Department filed a Motion to Strike paragraph 5(d) of the Petition, to which the Petitioners offered no opposition. Accordingly, the Department's Motion to Strike was granted and paragraph 5(d) of the Petition was stricken. Thus, the only allegation that remained for determination was that set forth in paragraph 5(c) of the Petition as to whether the Future Land Use Map Series designation of Interim Natural Resource Protection Areas (the ~Interim NRPAs") was "in compliance." On June 7, 2000, the County filed a Motion in Limine, seeking to exclude from evidence any exhibits or testimony offered for the purpose of challenging the legal sufficiency of those plan amendments that merely implement specific remedial measures ordered by the Administration Commission in pepartment of Community Affairs v. Collier County, Case No. AC-99-002 (June 22, 1999) (the "1999 Final Order"). The Petitioners filed a written response in opposition, and the parties presented oral argument at the outset of the formal hearing. The undersigned granted the motion at hearing, but provided the parties the opportunity to submit additional written argument by June 26, 2000. Written memoranda were filed by the County, the Department, ECPO, and the Petitioners. The Trustee filed a notice joining in the County's memorandum. On June 29, 2000, the undersigned entered a written order confirming the oral ruling granting the moti~h. The Petitioners filed a motion for reconsideration, which was denied by an order entered on July 28, 2000. On June 9, 2000, the Department filed a Motion to Strike, seeking a ruling that this proceeding was not the appropriate forum to determine whether the County has complied with the 1999 Final Order. The Petitioners did not oppose the motion, which was granted at the outset of the hearing. On June 9, 2000, the parties filed a Joint Prehearing Stipulation. Joint Exhibits 1 through 7 were offered and admitted at the outset of the hearing. The Petitioners presented the testimony of Charles Gauthier, chief of the bureau of local planning for the Department; Robert Mulhere, planning director for the County; William Lorenz, natural resources director for the County; James Beever, biological scientist for the Florida Fish and Wildlife Conservation Commission; and Gary Beardsley, environmental consultant. Mr. Beever was accepted as an expert in wildlife biology, wildlife management, and wetland and estuarine ecology. Mr. Beardsley was accepted as an expert in wildlife biology and wetland ecology. The Petitioners' Exhibits 1 through 12, 14 through 16, and 18 through 24 were accepted into evidence. The Petitioners' Exhibit 13 was admitted with a stipulated modification. The Petitioners' Exhibit 17 was offered but not admitted. The County re6~lled Mr. Mulhere and Mr. Lorenz as its only witnesses. The County's Exhibit 1 was accepted into evidence. The Department presented the testimony of Bob Cambric, its growth management administrator. The Department's Exhibit 1, Mr. Cambric's resume, was admitted into evidence. ECPO presented the testimony of Tim Durham, director of environmental services for Wilson Miller; Tom Jones, director of governmental affairs and environmental resources for Barron Collier Partnership; and Ross McWilliams, environmental consultant. ECPO Exhibits 1, 3, 6, 18 through 25, and 30 were admitted into evidence. The Trustee presented the testimony of Robert Duane, accepted as an expert in land use planning. The Trustee's Exhibits 1 through 5 and 13 were admitted into evidence. A transcript of the hearing was ordered. The Transcript was filed with the Division of Administrative Hearings on September 26, 2000. All parties timely filed proposed recommended orders, either within the 21-day period specified in the order of September 7, 2000, or pursuant to extension requests that were granted without objection. On October 17, 2000, the Petitioners filed a motion to extend the page limit for its proposed recommended order. No party objected to the motion, which is hereby granted. FINDINGS OF FACT The Parties The Petitioners each own property and operate businesses in Collier County. Each Petitioner has members who reside in Collier County. Each Petitioner submitted oral comments to the County regarding the Interim Amendments during the period between transmittal and adoption. The Petitioners timely filed their Petition in this proceeding. The Petitioners are ,'affected persons" pursuant to Section 163.3184(1), Florida Statutes, and have standing to bring this proceeding. 2. The County is the local government whose land use amendment is at issue in this proceeding. 3. The Department is the state land planning agency with the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. 4. James A. Brown, as Trustee of the East Naples Land Company, owns property in the County and submitted comments to the County regarding the Interim Amendments during the adoption process. 5. Barron Collier Partnership owns property and operates a business in the County and submitted comments to the County regarding the Interim Amendments during the adoption process. 6. Collier Enterprises, Ltd. owns property and operates a business in the County and submitted comments to the County regarding the Interim Amendments during the adoption process. 7. Consolidated Citrus Limited Partnership owns property and operates a business in the County and submitted comments to the County regarding the Interim Amendments during the adoption process. 8. Pacific Tomato Growers owns property and operates a business in the County and submitted comments to the County regarding the Interim Amendments during the adoption process. 9. Alico, Inc. owns property and operates a business in the County and submitted comments to the County regarding the Interim Amendments during the adoption process. 10. Jack Price owns property, resides and operates a business in the County, and submitted comments to the County regarding the Interim Amendments during the adoption process. 11. Russell Priddy owns property, resides and operates a business in the County, and submitted comments to the County regarding the Interim Amendments during the adoption process. B. Background 12. On April 6, 1996, the County adopted an Evaluation and Appraisal Report ("EAR") for its Plan. Each local government is required to adopt an EAR once every seven years, assessing its progress in implementing its comprehensive plan. Section 163.3191(1), Florida Statutes. The local government must then amend its comprehensive plan to reflect the data and analysis and recommendations in the EAR. Section 163.3191(10), Florida Statutes. The County adopted its EAR-based amendments on November 14, 1997. 13. The Department reviewed these EAR-based amendments, found that they did not comply with state law, and on December 24, 1997, published a Notice of Intent to find the amendments not "in compliance." The Department then instituted administrative proceedings against the County pursuant to Section 163.3184(10), Florida Statutes. The Florida Wildlife Federation and the Collier County Audubon Society intervened in support of the Department's original not "in compliance" determination. 14. A formal administrative hearing was held over a five- day period in May 1998. On March 19, 1999, a recommended order was entered recommending that all of the challenged EAR-based amendments be determined not "in compliance." The recommended order was forwarded to the Administration Commission for final agency action pursuant to Section 163.3184(10) (b) and (11), Florida Statutes. 15. The Administration Commission entered its Final Order on June 22, 1999. The 1999 Final Order directed the County to take specific remedial actions that would bring the comprehensive 10 plan into compliance, including: rescinding the EAR-based amendments that were not in compliance; adopting certain specifically described remedial amendments; undertaking a comprehensive assessment of all lands in the County designated in the comprehensive plan as Agricultural/Rural, the Big Cypress Swamp Area of Critical State Concern, conservation lands outside the urban boundary, and South Golden Gate Estates (hereinafter referred to as th~ "Assessment"); and establishing interim development provisions during the Assessment period, including a moratorium on certain types of development, and the designation and mapping of certain specified NRPAs. 16. On November 23, 1999, the County adopted the Interim Amendments, intended to establish the interim development restrictions and provide for the Assessment ordered by the 1999 Final Order. 17. As set forth in detail in the June 29, 2000, order granting the County's Motion in Limine, to the extent that the County merely enacted measures specifically ordered by the Administration Commission, those measures are not within the purview of this proceeding. Only those Interim Amendments that incorporate some measure of County discretion are subject to full "in compliance" analysis. C. The Interim Amendments 18. Policies 4.9 and 4.10 of the Future Land Use Element of the Plan, enacted as part of the Interim Amendments, provide: 11 Policy 4.9: Prepare a Rural and Agricultural Area Assessment, or any phase thereof, and adopt plan amendments necessary to implement the findings and results of the Assessment, or any phase thereof, pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22, 1999. The geographic scope of the assessment area, public participation procedures, interim development provisions, and the designation of Natural Resource Protection Areas on the Future Land Use Map are described in detail in the ~gricultural/Rural Designation Description Section. Policy 4.10: Public participation and input shall be a primary feature and goal of the planning assessment effort. Representatives of state and regional agencies shall be invited to participate and assist in the Assessment. The County shall ensure community input through each phase of the Assessment which may include workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Committee and the Collier County Planning Commission in each phase of the Assessment. 19. The Interim Amendments also added the following language to the Future Land Use Designation Description Section, under the "Rural & Agricultural Area Assessment" section of Section II, entitled "Agricultural/Rural Designation:" The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the Final Order (AC-99-002) pursuant to Section 163.3184(10) (b), Florida Statutes, in Division of Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The 12 Geographic Scope of the Assessment Area shall be as follows: Includes: Ail land designated Agricultural/Rural Big Cypress Area of Critical State Concern Conservation lands outside the Urban Boundary South Golden Gates Estates Excludes: Ail Urban designated areas Northern Golden Gate Estates The Settlement District The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full and broad-based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions and mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic 13 viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. 20. At the time of the hearing, the County had already commenced the process of conducting the Assessment. Two citizen advisory committees have been organized, each with responsibility for developing recommended land management policies for a specific geographical area within the scope of the Assessment. The Rural Fringe Committee is focusing its attention on that portion of the Assessment area closest to the west coast urban boundaries. The Rural Lands Committee is focusing on the largely agricultural lands in eastern Collier County. 21. Unless the Administration Commission modifies the schedule set forth in the 1999 Final Order, the comprehensive plan amendments resulting from the Assessment must take effect on or before June 22, 2002. 22. In addition to providing for the Assessment, the Interim Amendments impose additional restrictions on the use of land within the Assessment area while the Assessment is underway. These "Interim Development Provisions for the Agricultural/Rural Assessment Area" provide: Amendments based on the Assessment shall be completed by June 22, 2002. Residential and other uses in the Area for which completed applications for development approval, rezoning, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan 14 as it existed on June 22, 1999. If the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the interim land use controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becoming effective. Until the Assessment is complete and Comprehensive Plan amendments to implement the Assessment, or any phase thereof, are in effect, the only land uses and development allowable in the area shall be those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agricultural/Rural District, except the following uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges; 2. Extension or new provision of central water and sewer service into the Area; 3. New package wastewater treatment plants; 4. Residential development except farmworker housing or housing directly related to support farming operations, or staff housing (12 du/ac) and other uses directly related to the management of publicly-owned land, or one single-family dwelling unit per lot or parcel created prior to June 22, 1999; 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emergency power structures, fire and police stations, emergency medical stations; 6. Transient residential such as hotels, motels, and bed and breakfast facilities; 7. Zoo, aquarium, botanical garden, or other similar uses; 8. Public and private schools; 15 9. Collection and transfer sites for resource recovery; 10. Landfills; 11. Social and fraternal organizations; 12. Group care facilities; 13. Sports instructional schools and camps; 14. Asphalt and concrete batch making plants; and 15. Re6reational vehicle parks. These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment. 23. These interim development standards mirror those ordered by the Administration Commission in the 1999 Final Order. 24. The Interim Amendments also designated certain areas as Interim NRPAs and added additional limitations on the development allowed within those areas. The Interim NRPAs and accompanying restrictions are as follows: The following areas shall be generally mapped and identified as Natural Resource Protection Areas (NRPAs) : Camp Keais Strand, CREW Lands, Okaloacoochee Slough, Belle Meade and South Golden Gate Estates. Natural Resource Protection Areas (NRPAs) are designated on the Future Land Use Map: 16 1. Within these areas, only agriculture and directly-related uses and one single-family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; 3. The general location shall be identified on a map as the interim NRPAs and shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. 25. Objective 1.3 of the Conservation and Coastal Management Element of the Interim Amendments further explains the County's purpose in establishing the Interim NRPAs and how they would be treated during the Assessment: Pursuant to Administration Commission Final Order AC-99-002 dated June 23, 1999, complete the phased delineation, data gathering, management guidelines and implementation of the NRPA Program as part of the required Collier County Rural and Agricultural Assessment. The purpose of the NRPAs will be to assist State and Federal agencies' efforts to protect endangered or potentially endangered species (as listed in current ~Official List of Endangered and Potentially Endangered Fauna and Flora Florida", published by the Florida Game and Fresh Water Fish Commission, the predecessor agency of the Florida Fish and Wildlife Conservation Commission) and their habitats. 17 Pursuant to the Administration Commission Final Order, the County has mapped and identified the Camp Keais Strand, CREW Lands, Okaloacoochee Slough, Belle Meade and South Golden Gate Estates as NRPAs, with the express understanding that during the Rural and Agricultural Assessment (Assessment) required by the Final Order, the goal of assisting in the protection of endangered species and their habitat will be further addressed and that appropriate protection measures will be incorporated into the comprehensive plan amendments to be adopted at the c. onclusion of the Assessment. In the interim, and during the Assessment, a development moratorium as set forth in the Final Order and in Ordinance 99-77 will be in place until comprehensive plan amendments are adopted. The County has determined that the development moratorium, the NRPA boundaries approved November 23, 1999, and the additional restrictions that apply within the existing Area of Critical State Concern provide sufficient protection for these resources on an interim basis until adoption of the final comprehensive program to protect these resources. In selecting the final comprehensive program the County, as part of the Assessment, will evaluate the NRPA program and its criteria and implementation as well as other programs which may better provide adequate protection to the resources. 26. In addition to the Interim NRPAs, the County determined that certain other areas within the Assessment area should be specifically addressed and evaluated as part of the Assessment, thus creating "special study areas" ("SSAs") pursuant to Policy 1.3.1 as follows: The Program will, subject to completion of the Assessment and adoption of the comprehensive plan amendments, include the following: a. Identification of the NRPAs in map form as an overlay to Future Land Use Map. 18 Pursuant to the Final Order, the general areas of Camp Keais Strand, CREW Lands, Okaloacoochee Slough, Belle Meade and South Golden Gate Estates have been mapped and identified as NRPAs on the Future Land Use Map. The areas shall be further refined as the Assessment is implemented as a collaborative and community-based effort. Ail available data shall be further considered and refined during the Assessment to determine the final boundaries of these NRPAs. As part of the Assessment, the County shall evaluate the merits of including additional areas into these boundaries including, but not limited to, the area of Northern Belle Meade, the area known as the "Stovepipe" to the north, northwest and northeast of the Okaloacoochee Slough and the area southwest of the Okaloacoochee Slough to the southeastern portion of the Camp Keais Strand which is south of Oil Well Road (CR 858). These additional study areas are shown on the Future Land Use Map. Within these study areas, the following shall be the primary focus of additional study: North Belle Meade Study Area: (a) examine the extent to which existing agricultural operations, improvements and facilities have impacted water flow and quality, wetlands and habitat for the Florida panther and other listed species; (b) examine the impacts of abutting urban and Estates development; (c) examine access into the area and connectivity to other habitat as it relates to the Florida panther; (d) examine opportunities for restoration of flow-ways, buffering from abutting development and improvements for listed species habitat through actions to include consideration of the addition of underpasses to Interstate 75; 19 (e) examine the impacts of potential earth mining activities on the above resources; and (f) examine whether use of transfer of development rights would be appropriate in this area and, if so, whether there should be any restrictions on their use; (g) examine the possibility of public acquisition of these properties. Stovepipe Study Area (a) examine the level of existing and permitted agricultural improvements and impacts on listed species and their habitats; (b) examine whether the existing Area of Critical State Concern program affords sufficient protection to listed species and their habitat; (c) examine the possibility of acquisition of these properties by State or Federal programs, including partial acquisition programs, an example of which would be conservation easements; (d) examine whether use of transfer of development rights would be appropriate in this area and if so, whether there should be any restrictions on their use; (e) examine and analyze the Florida panther's use of agricultural lands and whether such agricultural lands constitute critical habitat for the species; and (f) examine and analyze whether any lands should be restored. Oil Well Road (CR 858) Study Area (a) examine the extent to which existing agricultural and mining operations, improvements and facilities have impacted listed species and their habitat; (b) examine documented movement of the Florida panther in the area; 20 (c) examine and analyze the Florida panther's utilization of agricultural lands and whether such agricultural lands constitute critical habitat for the species; (d) examine whether use of transfer of development rights would be appropriate for this area and, if so, whether there should be any restrictions on their use: and (e) determine whether the east/west wildlife corridor provided by the Florida Panther National Wildlife Refuge and the Big Cypress National Preserve provides sufficient connectivity to protect the species. In addition to the moratorium referenced above, the County shall give notice to the Florida Department of Community Affairs if all applications to develop or otherwise impact the above special study areas. The County recognizes that the NRPA program is not the only mechanism to protect significant environmental resources and that the NRPAs being established at this time are of an interim nature in conjunction with the development moratorium required by the Final Order. As a consequence, the designation of an area as a NRPA or as part of a special study area is not intended to affect property valuation on specific parcels. It is anticipated that the Assessment will address all of the issues identified above and that the resulting comprehensive plan amendments will provide resource protection measures best suited to meet the goals and objectives of this comprehensive plan. D. Establishment of Interim NRPA Boundaries 27. The 1999 Final Order directed the County to adopt five areas as Interim NRPAs: the Camp Keais Strand; the CREW Lands; the Okaloacoochee Slough; Belle Meade; and South Golden Gate Estates. The 1999 Final Order does not provide a map or legal 21 description of these five areas. Even aside from the 1999 Final Order, there are no maps or legal descriptions to describe precisely the boundaries of these areas. The evidence established that there is a general understanding of the location of these areas, but that the County necessarily exercised discretion in defining the boundaries of these Interim NRPAs. 28. The term "Natural Resource Protection Area" is not defined in federai or state laws or regulations. The term is a creation of the Collier County Comprehensive Plan, and was first included in the Conservation and Coastal Management Element ("CCME") of the 1989 Plan. 29. The 1989 Plan contained the adopted Goals, Objectives and Policies governing land use and development in the County. The 1989 Plan also included data and analysis that was not adopted as a binding part of the Plan. 30. The unadopted data and analysis in the 1989 Plan included a support document for the CCME. This support document set forth the standards for NRPAs. It designated NRPAs as "eco- systems having extremely important ecological functions," and ranked four subcategories according to "the degree of restrictiveness of protection afforded": Estuaries and Coastal Barrier Areas Water Protection and Conservation Areas Critical Ecological Corridors Rare, Unique and Endangered Habitats. 22 31. William Lorenz, the County,s natural resources director, testified that the County looked at these categories to provide general guidelines for the functions of NRPAs. 32. The County employed an iterative method in developing the Interim NRPA boundaries, with County staff developing, reviewing, and modifying draft maps. Mr. Lorenz testified that there was a good deal of debate among staff members as to the location of the Ihterim NRPA boundaries. 33. The County also sought the assistance of outside agencies, including the Florida Fish and Wildlife Conservation Commission. James Beever, a biological scientist, was the Conservation Commission's principal liaison with the County for purposes of the Interim NRPA determination. 34. Mr. Beever testified that he did not use the 1989 Plan in making his recommendations because the County asked him to use the best available scientific information, which was not necessarily included in the 1989 Plan. Mr. Beever also testified that he was unfamiliar with the County's development moratorium for rural Collier County at the time he developed his recommendations. 35. The Conservation Commission, through Mr. Beever, recommended a procedure for the delineation of NRPAs: 1. Start with the existing proposed land acquisition boundaries or Florida Panther Recovery Plan boundaries for the designated areas. For the Southern Golden Gate Estates, this will be all that is needed to define that NRPA. 23 2. For all other areas, such as the Corkscrew Regional Ecosystem Watershed (CREW), expand the NRPA beyond the acquisition boundary when there is existing connected native habitats. Roadways alone do not sever connection, since wildlife underpasses can be incorporated in NRPA criteria. This would "pick up" habitat continua that were not in the original boundaries that may have been drawn strictly on straight section lines. Some examples would be to include: a) undgveloped areas of Northern Belle Meade, above Interstate 75, that were included in the original study performed by Kim Dryden and myself, b) connecting the proposed Winding Cypress DRI to the Southern Belle Meade, and c) including the entire Bird Rookery Swamp system attached to CREW. 36. County staff considered these recommendations and other materials, and arrived at seven "General Guidelines for Delineating NRPA Boundaries": 1. Identify major wetlands systems and regional flow-ways. 2. Incorporate areas having upland native habitat contiguous to the identified major wetland systems and regional flow-ways. 3. Provide for areas containing listed species habitats that are contiguous to the identified wetland systems and regional flow- ways. 4. Include areas that are identified on the 1999 CARL Acquisition List, unless the area is severely impacted. 5. Provide connections to other existing conservation areas. 24 6. Include areas with minimal fragmentation from existing residential developments and transportation systems. 7. Provide sufficient land area to buffer native habitats from intensive land uses. 37. Applying these criteria, the County transmitted to the Department proposed Interim NRPAs that included 140,564 acres. Almost 125,500 acres of this land is wetlands, accounting for 13% of all wetlands in Collier County. 38. One of the Petitioners' chief contentions was that the boundaries of the Interim NRPAs adopted by the County were significantly smaller than the boundaries proposed by County staff. The Petitioners did not object to any of the lands actually included in the Interim NRPAs; rather, they believed that more lands should be added to them. 39. As to the Camp Keais Strand and Okaloacoochee Slough NRPAs, the biggest point of debate in the County was the amount of agricultural lands that should be contained in the Interim NRPAs. This was debated before the Board of County Commissioners and the Planning Commission, as well as the Environmental Advisory Council. County staff's initial proposal included more agricultural fields in the Interim NRPAs than the County finally adopted. 40. The County ultimately excluded intensive agricultural lands and mining pits from the Interim NRPA delineations. 41. As to the Camp Keais Strand NRPA, the County ultimately excluded extensive farm and row crop fields, as well as active 25 lands. 42. Mr. Lorenz testified regarding County staff's initial recommended NRPAs. County staff initially relied heavily on the Closing the Gaps report and its derivative materials, discussed below. Staff also initially relied upon the South Florida Water Management District's "Florida Land Use Coverage Classification System" ("FLUCCS"), which is a display of land coverage information from the 1994-1995 database. Staff also coordinated with Mr. Beever, as noted above. 43. County staff initially drew their proposed Interim NRPA boundaries along s~ction and quarter section lines. Mr. Lorenz acknowledged that natural features typically do not follow section and half section lines, and that the boundaries finally selected more closely reflect natural features rather than legal descriptions. 44. ECPO provided County staff with aerial photographs of the land in the eastern Collier County, and Mr. Lorenz had discussions with people who actually farmed that land. The information provided by ECPO was used in determining the interim NRPA boundaries that the County finally adopted. 45. One area eliciting a great deal of evidence at hearing was North Belle Meade, which the FLUCCS map indicates is 90% wetlands. North Belle Meade was excluded from the interim NRPAs for several reasons. First, it is surrounded on three sides by 26 storm water management systems located on these agricultural 6. Include areas with minimal fragmentation from existing residential developments and transportation systems. 7. Provide sufficient land area to buffer native habitats from intensive land uses. 37. Applying these criteria, the County transmitted to the Department proposed Interim NRPAs that included 140,564 acres. Almost 125,500 acres of this land is wetlands, accounting for 13% of all wetlands in Collier County. 38. One of the Petitioners' chief contentions was that the boundaries of the Interim NRPAs adopted by the County were significantly smaller than the boundaries proposed by County staff. The Petitioners did not object to any of the lands actually included in the Interim NRPAs; rather, they believed that more lands should be added to them. 39. As to the Camp Keais Strand and Okaloacoochee Slough NRPAs, the biggest point of debate in the County was the amount of agricultural lands that should be contained in the Interim NRPAs. This was debated before the Board of County Commissioners and the Planning Commission, as well as the Environmental Advisory Council. County staff's initial proposal included more agricultural fields in the Interim NRPAs than the County finally adopted. 40. The County ultimately excluded intensive agricultural lands and mining pits from the Interim NRPA delineations. 41. As to the Camp Keais Strand NRPA, the County ultimately excluded extensive farm and row crop fields, as well as active 25 storm water management systems located on these agricultural lands. 42. Mr. Lorenz testified regarding County staff's initial recommended NRPAs. County staff initially relied heavily on the Closing the Gaps report and its derivative materials, discussed below. Staff also initially relied upon the South Florida Water Management District's "Florida Land Use Coverage Classification System" ("FLUCCS"i, which is a display of land coverage information from the 1994-1995 database. Staff also coordinated with Mr. Beever, as noted above. 43. County staff initially drew their proposed Interim NRPA boundaries along section and quarter section lines. Mr. Lorenz acknowledged that natural features typically do not follow section and half section lines, and that the boundaries finally selected more closely reflect natural features rather than legal descriptions. 44. ECPO provided County staff with aerial photographs of the land in the eastern Collier County, and Mr. Lorenz had discussions with people who actually farmed that land. The information provided by ECPO was used in determining the interim NRPA boundaries that the County finally adopted. 45. One area eliciting a great deal of evidence at hearing was North Belle Meade, which the FLUCCS map indicates is 90% wetlands. North Belle Meade was excluded from the interim NRPAs for several reasons. First, it is surrounded on three sides by 26 areas of accelerating urban development and is bordered by 1-75 on the fourth side. Mr. Beever conceded that the development of North Golden Gate Estates, to the east and north, will greatly reduce the habitat value of North Belle Meade. 46. Mr. Beever also conceded that 1-75 is a barrier in the landscape continuum between North Belle Meade and the Belle Meade interim NRPA. Based on his general experience, Mr. Beever did not believe that ~he interstate prevents panthers from crossing from one area to the other, but he admitted that he had no specific information regarding panthers crossing 1-75 between North Belle Meade and Belle Meade. North Belle Meade has not been identified as a habitat conservation area for the Florida panther by the Florida Fish and Wildlife Conservation Commission. 47. Another reason for the exclusion of North Belle Meade was the large number of individual landowners and small parcels platted within the area prior to June 22, 1999. The 1999 Final Order provided that developments approved prior to June 22, 1999, would not be subject to the use restrictions otherwise imposed by NRPA designation. This provision led the County to exclude from the Interim NRPAs those areas with approved developments. In North Belle Meade, landowners could permissibly build a single family residence on each parcel platted before that date, even if the area were designated as an interim NRPA, thus minimizing the utility of the designation. 27 48. Finally, hydrologic changes have already had significant impact on the native vegetation of North Belle Meade, distinguishing its character from that of those areas adopted as interim NRPAs by the County. 49. The areas designated as Interim NRPAs are large, connected systems. The criteria emphasized connecting areas with native habitat cover, which led to the exclusion from the NRPAs of active agricultural areas located on the outer edges of areas being considered for inclusion. 50. Both Gary Beardsley and Mr. Beever testified that certain wildlife, such as the Florida panther and wading birds, use agricultural areas as habitat, particularly where there is a mosaic of agriculture mixed with native vegetation. They also testified that there is no hard data as to the extent to which such species rely on agricultural areas, or as to the type of agricultural uses that enhance, rather than degrade, the habitat value of lands. 51. Mr. Beever disagreed with the Interim NRPA boundaries established by the County, but he also testified that he would not recommend including within those boundaries areas that have been converted from native to non-native vegetation, particularly active agriculture with heavy hydrological maintenance. 52. The Department reviewed the transmitted NRPA boundaries and issued its Objections, Recommendations, and Comments ("ORC") Report. The ORC Report objected to the exclusion of three areas 28 that appeared to meet the requirements for Interim NRPA designation: North Belle Meade; the "Stovepipe" area to the north, northwest, and northeast of the Okaloacoochee Slough; and the area southwest of the Okaloacoochee Slough that links the Slough to the southeastern portion of the Camp Keais Strand. 53. The County responded by establishing the three SSAs described in Finding of Fact 26 above, covering North Belle Meade, the Stovepipe, and Oil Well Road. The SSAs correspond to the exclusions noted in the ORC Report's objections. Within these areas, the County recognizes the potential for significant natural resource issues, but also recognizes the impact of agricultural and mining activities on those resources. E. The Petition 54. The Petitioners allege that the Interim NRPA delineations are not "in compliance" for the following reasons: a. They are not supported by data and analysis, as required by Section 163.3177(6) (a), (8), and (10) (e), Florida Statutes and Rule 9J-5.005(2) (a), Florida Administrative Code; b. They are not supported by data and analysis regarding the suitability of authorized land development; c. They fail to ensure adequate protection of natural resources; d. They are internally inconsistent with the Collier County Comprehensive Plan, particularly CCME Objectives 1.1 and 1.3, and Policy 1.3.1; and 29 e. They are inconsistent with the State Comprehensive Plan, particularly Section 187.201(10) (a), (10) (b) (1), (10) (b) (3), (10) (b) (5), and (10) (b) (7), Florida Statutes. F. Data and Analysis 55. The five interim NRPAs specified by the 1999 Final Order all lie outside the urban boundary of the County. The privately owned land in rural Collier County is predominantly in active agricultural use. 56. Tom Jones, director of government affairs and environmental resources for Barron Collier Partnership, described rural Collier County as one of the most intensely farmed areas in southwest Florida. Mr. Jones testified that citrus operations have been in place around the Corkscrew Marsh and Lake Trafford since the 1960s, with expansions occurring in the 1980s and again in the 1990s. Tomato and potato cultivation have been in place for decades south of Lake Trafford along the Camp Keais Strand. Citrus, pasture, and row crops have occupied large expanses of rural Collier County since the end of World War II. 57. These operations are conducted on a large scale. Mr. Jones pointed to one phase of citrus planting by Barron Collier Partnership that covers 4,500 acres. He also indicated that a single stormwater detention area for a tomato farm covers 13 square miles. 58. Publicly owned land is also prevalent in rural Collier County. The area contains Big Cypress National Preserve, the Florida Panther National Wildlife Refuge, Fakahatchee Strand 30 State Preserve, Collier Seminole State Park, and the Cape Romano- - Ten Thousand Islands Aquatic Preserve. Approximately 73% of the land in Collier County is either in public ownership or on an active acquisition list. 59. No evidence was presented at the hearing indicating substantial residential development pressure in rural Collier County. Robert Mulhere, the County's planning director, testified that the established use of the land for agriculture has been under pressure for conversion to "upscale master plan residential golf course communities." The 1999 Final Order recognized this pressure, requiring that the Interim Amendments prohibit golf course development during the assessment period. 60. The Petitioners contend that one of the most important sources of data and analysis relating to the wildlife and wildlife habitat of rural Collier County is Closing the Gaps in Florida's Wildlife Habitat Conservation System, a 1994 publication by individuals working for the Florida Game and Fresh Water Fish Commission (now the Florida Fish and Wildlife Conservation Commission). 61. Closing the Gaps was an effort to map the land cover of the entire state, based on computer analysis of Landsat satellite imagery collected from 1985 to 1989. About 2.72 million acres, or 8% of the land area of Florida, was field inspected using a helicopter equipped with a Loran-C unit. The authors stated that, based on field reports, they estimated the overall accuracy 31 of the land cover map at 80 to 90%, though they also acknowledged that accuracy varies according to the type of land cover being mapped. 62. Ross McWilliams, an environmental consultant testifying on behalf of ECPO, stated that Closing the Gaps is a "good general document" and contains the best available data to someone looking at Florida from a large scale perspective in terms of land forms and types of species. 63. Closing the Gaps states that the portion of Collier County northwest of the Big Cypress National Preserve, consisting of a "mixture of cypress swamp, hardwood swamp, dry prairie, and pineland represents one of the most important wildlife areas remaining in Florida." Closing the Gaps, p. 174. 64. Closinq the Gaps finds that nearly all of the Big Cypress Area of Critical State Concern that is not publicly owned is good habitat for the Florida panther, Florida black bear, and the American swallow-tailed kite. Id. 65. Closinq the Gaps reports that the privately owned lands west of State Road 29 and north of 1-75 support a stable Florida black bear population, and rates much of the privately owned portion of the Big Cypress area as outstanding potential bear habitat, in terms of proximity to conservation areas, extent of roadless areas, diversity of cover types, and the presence of specific cover types. Closing the Gaps, p. 52, 174. 32 66. Closing the Gaps states that "quick and aggressive action" is required to save the Florida panther from extinction, and cites the conversion of large areas of rangeland and native land cover to agriculture as one the greatest threats to the continued existence of panther habitat. The report singles out citrus development as a threat to subdivide existing, contiguous panther habitat. Closing the Gaps, p. 68. 67. Among ~ts suggestions for protecting natural resources, Closing the Gaps cites acquisition of privately held lands as the most effective and least controversial method, along with the purchase of lesser rights such as conservation easements. Closing the Gaps also urges local governments to protect valuable habitat through their comprehensive plans. Closing the Gaps, p. 191. 68. ECPO agreed that Closing the Gaps is a useful tool for examining Florida's natural resources in terms of habitat and species at a statewide level in order to determine where there may be gaps in the state's conservation programs. However, ECPO convincingly demonstrated that an effort to base local planning decisions on the large scale satellite imagery utilized by Closing the Gaps is a misuse of that document. 69. The text of Closing the Gaps itself contains disclaimers as to the utility of its satellite maps: The maps appearing in this report are intended to provide guidance to decision makers involved in public land acquisition, land use planning, development regulation, 33 and other land conservation efforts. The maps represent our best estimate of those Florida lands that require some form of conservation to ensure that biodiversity is maintained for future generations. However, these maps represent only a snapshot of Florida's conservation needs at one time. For example, the vegetation map used to create species distribution maps was based on satellite imagery dated 1985-1989; the species occurrence information is current through 1991-1993, depending on the species; and the database of public land boundaries extends pnly through 1992. As a consequence, some areas identified for protection may already be in public ownership or may no longer support the habitat features or species predicted to occur there, and the maps should not be incorporated into law or rule as inviolate zones in which no development may occur. Rather, the maps should be used as a layer of information when decisions are made concerninq land acquisition, land-use planninq, and development regulation. Closinq the Gaps, p. 1 (Emphasis added). 70. Another portion of Closing the Gaps restates its limitations as a definitive document for local planning purposes: The reader should be aware that the maps represent only a snapshot of Florida's conservation needs at one point in time. The data on which the maps are based are already out-dated, and they will become increasingly out of date as time goes by. For example, the satellite imagery used for vegetation mapping and habitat modeling was collected between 1985 and 1989. Undoubtedly, some natural areas we identified as needing protection have been destroyed during the time it has taken to collect and analyze the data and publish the results. The temporal nature of the maps has two effects. First, because some areas identified as needing protection may no longer support the habitat features or 34 73. Tim Durham of Wilson Miller, ECPO's consultant, testified that the inaccuracies were a function of attempting to apply habitat models based on the large scale satellite maps in Closing the Gaps to what is actually on the ground in a relatively small area. Mr. Durham stated that "it's almost like static on a T.V. screen. You're starting to see a bunch of things that aren't really there. The habitat models were assuming habitats'that weren't really out there." 74. Mr. Durham found that the satellite imagery in Closing the Gaps provided inaccurate data that some of the agricultural lands contained four or five different habitat types in a tight mosaic. This data would cause a computer model erroneously to classify these agricultural lands as good native habitat. 75. Mr. Beever noted that the Closing the Gaps data is being updated. However, the update continues to assume the correctness of the earlier data, leading the unwary reader to assume that large areas of natural habitat have been converted to agriculture between the years 1986 and 1996, though in fact the lands at issue have been in agricultural use throughout this period. 76. Ross McWilliams, ECPO's environmental consultant, conducted an analysis of Closing the Gaps in comparison to what is actually on the lands in eastern Collier County and concluded that the vegetative land cover set forth in Closing the Gaps contained extensive errors. 36 77. Mr. McWilliams found that Closing the Gaps mapped thousands of acres of agricultural lands as "scrub and brush." Mr. McWilliams visited 14 specific sites in eastern Collier County rural areas, and found that the "signature" (i.e., the identification of the predominant type of land cover) set forth in Closing the Gaps was incorrect for all 14 sites. 78. The Petitioners also presented evidence that the Interim Amendments do not afford adequate protection to listed species. The exhibits presented by the Petitioners to establish the location and extent of Collier County habitat for the red cockaded woodpecker, wading bird rookeries, bald eagle, black bear, and Florida scrub jay were all based on Closing the Gaps data and thus not entirely reliable. As noted above, Closing the Gaps is not a reliable tool for establishing land cover on the small scale required for local planning purposes. Its findings as to habitat and potential habitat were based on its land cover findings, and therefore also suspect. 79. The Petitioners also presented panther telemetry data to indicate the movement of the Florida panther in Collier County. The telemetry data persuasively demonstrated the presence of panthers in the area, but were inconclusive to establish the number of panthers moving through the area or their precise activity patterns. One of the purposes of the Assessment is to examine the telemetry data in order to better understand 37 the panthers' movement and plan for their protection in the final plan amendments. 80. This points to the overall conceptual problem with the Petitioners' case: it is premature. The Petitioners challenge the Interim NRPAs as not based on a thorough assessment of the County's natural resources, when the 1999 Final Order contemplates that the Interim NRPAs are a necessary prelude to that very assessment. 81. The 1999 Final Order directed that the Assessment will cover virtually all of rural Collier County, and will have a three-part purpose: (1) identify and propose measures to protect prime agricultural areas and prevent premature conversion of agricultural lands to other uses; (2) direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity, maintain the natural water regime, and protect listed animal and plant species and their habitats; and (3) assess the growth potential of the Assessment area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques, recognizing the substantial advantages of innovative approaches to development that may protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost-efficient delivery of public facilities and services. 38 82. The concerns raised by the Petitioners at this hearing are the same concerns voiced by the 1999 Final Order, which sets forth the procedures the County is to follow. The Petitioners are in effect asking the County to reach its conclusions as to natural resources issues before it undertakes the Assessment mandated by the Final Order. This request is impracticable. 83. The testimony at the hearing established a broad scope for the Assessment and the amendments that may arise therefrom. The Assessment may result in the expansion of the Interim NRPA boundaries. It may result in the creation of new NRPAs. The County may arrive at a solution for protecting its natural resources that does not involve the designation of NRPAs. 84. Based upon the data available to the County, and keeping in mind their transitional nature, the boundaries defined for the Interim NRPAs are at least fairly debatable. The concerns raised by the Petitioners will be addressed during the Assessment period. Once the Assessment is completed, the Petitioners will have the opportunity to contest the County's finished work product. no CONCLUSIONS OF LAW Jurisdiction The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this proceeding. Sections 120.569, 120.57(1), 163.3184(9), and 163.3187(3), Florida Statutes. 39 B. Standing 86. Any "affected person" may participate in proceedings challenging proposed plans and plan amendments under the Act. Sections 163.3184(9), 163.3184(10), and 163.3187(3) (a), Florida Statutes (1997). 87. The terms "affected person" for purposes of Sections 163.3184 and 163.3187, Florida Statutes, are defined in Section 163.3184(1) (a), Florida Statutes: (a) "Affected person" includes the affected local government; persons owning property, residing, or owning or operating a business within the boundaries of the local government whose plan is the subject of the review .... Each person, other than an adjoining local government, in order to qualify under this definition, shall also have submitted oral or written comments, recommendations, or objections to the local government during the period of time beginning with the transmittal hearing for the plan or plan amendment and ending with the adoption of the plan or plan amendment. 88. The Petitioners demonstrated that they had standing to institute and participate in this proceeding pursuant to Sections 163.3184 and 163.3187, Florida Statutes. 89. The evidence also demonstrated that ECPO and the Trustee had standing to participate in this proceeding. C. Burden and Standard of Proof 90. The burden of proof, absent a statutory directive to the contrary, is on the party asserting the affirmative of the issue in any proceeding before the Division of Administrative Hearings. Young v. Department of Community Affairs, 625 So. 2d 40 831 (Fla. 1993); Antel v. Department of Professional Regulation, 522 So. 2d 1056 (Fla. 5th DCA 1988); and Department of Transportation v. J.W.C. Co., Inc., 396 So. 2d 778 (Fla. 1st DCA 1981). 91. Sections 163.3184(9), 163.3184(10), and 163.3187(3) (a), Florida Statutes, impose the burden of proof on the person challenging amendments to a local government's comprehensive plan. Therefore,'the Petitioners had the burden of proof in this proceeding. See Young v. Department of Community Affairs, 626 So. 2d 831 (Fla. 1993). 92. Section 163.3184(9), Florida Statutes, imposes the following standard of proof: [T]he local plan or plan amendment shall be determined to be in compliance if the local government's determination of compliance is fairly debatable. Therefore, the Petitioners were required to prove "beyond fair debate" that the Interim Amendments are not "in compliance." 93. The term "fairly debatable" is not defined in the Act or the rules promulgated thereunder. The Supreme Court of Florida has opined, however, that the fairly debatable standard under the Act is the same as the common law "fairly debatable" standard applicable to decisions of local governments acting in a legislative capacity. In Martin County v. Yusem, 690 So. 2d 1288, at 1295 (Fla. 1997), the Court opined: The fairly debatable standard of review is a highly deferential standard requiring 41 approval of a planning action if reasonable persons could differ as to its propriety. Quoting from city of Miami Beach v. Lachman, 71 So. 2d 148, 152 (Fla. 1953), the Court stated further: An ordinance may be said to be fairly debatable when for any reason it is open to dispute or controversy on grounds that make sense or point to a logical deduction that in no way involves its constitutional validity. 690 So. 2d at 1295. The Court cautioned, however: even with the deferential review of legislative action afforded by the fairly debatable rule, local government action still must be in accord with the procedures required by chapter 163, part II, Florida Statutes, and local ordinances. Id. D. The Interim Amendments Are "In Compliance" 94. The ultimate issue in this case is whether the challenged amendments are "in compliance." Sections 163.3184(9) and 163.3187(3), Florida Statutes. 95. The terms "in compliance" are defined in Section 163.3184(1) (b), Florida Statutes, as follows: (b) "In compliance" means consistent with the requirements of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, with the state comprehensive plan, with the appropriate strategic regional policy plan, and with chapter 9J-5, Florida Administrative Code, where such rule is not inconsistent with [chapter 163, part II] and with the principles for guiding development in designated areas of critical state concern. 42 96. Section 163.3177(10)(a), Florida Statutes, provides: The Legislature finds that in order for the department to review local comprehensive plans, it is necessary to define the term "consistency." Therefore, for the purpose of determining whether local comprehensive plans are consistent with the state comprehensive plan and appropriate regional policy plan, a local plan shall be consistent with such plans if the local plan is "compatible with" and "furthers" such plans. The term "compatible with" means that the local plan is not in conflict with the state comprehensive plan or appropriate regional policy plan. The term "furthers" means to take action in the direction of realizing goals or policies of the state or regional plan. For the purposes of determining consistency of the local plan with the state comprehensive plan or the appropriate regional policy plan, the state or regional plan shall be construed as a whole and no specific goal and policy shall be construed or applied in isolation from the other goals and policies in the plans. 97. The elements of a local government comprehensive plan must be internally consistent. Section 163.3177(2), Florida Statutes. A comprehensive plan may be amended only in a way that preserves the internal consistency of the plan. Section 163.3187(2), Florida Statutes. 98. The preponderance of the evidence presented neither establishes any inconsistency between the Interim Amendments and Chapter 9J-5, Florida Administrative Code, nor any internal inconsistency between the Interim Amendments and the other elements of the Plan. 99. Comprehensive plans must be based upon appropriate data and, although such data need not be original data, local 43 governments are permitted to utilize original data so long as appropriate methodologies are used for data collection. Section 163.3177(8) and (10) (e), Florida Statutes. 100. Rule 9J-5.005(2), Florida Administrative Code, requires that, in order for a plan provision to be "based" upon appropriate data "available on that particular subject at the time of adoption of the plan amendment at issue," the local government must "react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan." The data must also be the "best available" data "collected and applied in a professionally acceptable manner." Rule 9J- 5.005(2) (a)-(c), Florida Administrative Code. 101. The data and analysis which may support a plan amendment are not limited to those identified or actually relied upon by a local government. Department of Community Affairs v. City of Fort Myers, Case No. ACC-92-002 (Administration Commission Final Order 1992). 102. All data available to a local government in existence at the time of the adoption of a plan amendment may be relied upon to support an amendment in a de novo proceeding. Id. See also Zemel v. Lee County, et al., 15 FALR 2735 (Department of Community Affairs Final Order 1993). Analysis which may support an amendment, however, need not be in existence at the time of the adoption of a plan amendment. Id. Data which existed at the 44 time of the adoption of a plan amendment may be subject to new or even first time analysis at the time of an administrative hearing challenging a plan amendment. Id. 103. The evidence admitted at hearing established that there are defects in the data available for determining appropriate NRPA boundaries. Indeed, the paucity of reliable data was one reason that the Assessment was ordered. The County reasonably resorted to the more current data provided by ECPO, in addition to the dated and somewhat inaccurate information in Closing the Gaps and its derivative publications. It is at least fairly debatable that the boundaries established by the County are reasonable, in view of the present state of the data and the on-going Assessment. 104. The Petitioners concede that the lands actually included in the Interim NRPAs provide valuable habitat and contain valuable wetland systems. The Petitioners' contention was that more lands should have been included in the Interim NRPAs. The evidence submitted by the Petitioners was insufficient to establish this contention beyond fair debate. 105. The 1999 Final Order provided that the Interim NRPAs "shall be refined as actual data and analysis is made available." While the conclusion on the basis of the record in this case is that the Interim NRPAs are "in compliance," new data and analysis developed during the Assessment may compel changes in their 45 boundaries. The Interim Amendments acknowledge this potential for expansion of the NRPAs in the policies for SSAs. 106. It must be noted that the 1999 Final Order required that only five areas be designated as NRPAs, and the County has designated those five areas. The evidence established that the boundaries drawn by the County around these five areas were at least fairly debatable. 107. The Petitioners argued that the allowance of agricultural uses in NRPAs is not supported by data and analysis, will allow the destruction of natural resources, and is not consistent with the statutory requirement that all land uses carry allowable densities and intensities of use. However, in Environmental Confederation of Southwest Florida, Inc. v. Department of Community Affairs, Final Order No. 97-266-FOF-GM (Department of Community Affairs Final Order 1998), affirmed per curiam, 727 So. 2d 916 (Fla. 1st DCA 1998), the Department held that Section 163.3164(6), Florida Statutes, excludes agriculture from the definition of "development," and thus exempts agriculture from the usual density and intensity standards. E. Conclusion. 108. The evidence in these cases failed to prove by a preponderance of the evidence or beyond fair debate that the Interim Amendments are not "in compliance" as defined in Section 163.3184(1) (b), Florida Statute. 46 RECOMMENDATION Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Secretary of the Department of Community Affairs enter a final order finding the Interim Amendments to be "in compliance" as defined in Section 163.3184(1) (b), Florida Statutes. DONE AND ENTERED this 4th day of December, 2000, in Tallahassee, Leon County, Florida. LAWRENCE P. STEVENSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of December, 2000. COPIES FURNISHED: C. Laurence Keesey, Esquire R. Bruce Anderson, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Ernest A. Cox, Esquire Patrick W. Maraist, Esquire Gunster, Yoaktey, Valdes-Fauli & Stewart 777 South Flagler Drive, Suite 500E West Palm Beach, Florida 33401-6161E 47 Shaw P. Stiller, Esquire Office of the General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Thomas W. Reese, Esquire 2951 61st Avenue, South St. Petersburg, Florida 33712 Martha Harrell Chumbler, Esquire Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 Marjorie M. Student, Esquire Collier County Attorney's Office Administration Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112-4902 Steven M. Seibert, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 100 Tallahassee, Florida 32399-2100 Cari L. Roth, General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 325 Tallahassee, Florida 32399-2100 NOTICE OF RIGHT TO SUBMIT EXCEPTIONS Ail parties have the right to submit written exceptions within 10 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case. 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ATTORNEYS AT HELPING SILtPE FLORII)A'S FUTURE® /~,A~ ..... il/~. ()fi;c,. 9428 Baymeadows Road Suite 625 Jack ....... ille, Florida 32256 i904) 737-2(}2(I Fax: 6)04) 737-3221 Post off icc Box 10788 (32302) 125 South Gadsden Street Suite 300 Tallahas~ee, Florld~ 32301 (850} 222-5702 Izax: {85(}} 224-6)242 W,.st fl~h,, Beach ( )ffic,. 1700 lhlm Beach I.akes Bo.lev..rd, Suite 1(1111) We~t P~lm Beach, Florida ]3~1)1 (Sill) fl40-0820 Fax: {501) 640-8202 Reply To: West Palm Beach VIA FACSIMILE AND FIRST CLASS MAIL June 17, 2002 The Honorable James Coletta, Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Proposed Rural Fringe Comprehensive Plan Amendments Dear Chairman Coletta: This letter is provided to you on behalf of The 15,000 Coalition, Inc. and on behalf of each of the individuals enumerated on the list attached hereto as Exhibit A. These comments are provided to you pursuant to Section 163.3184(1)(a), Florida Statutes, which contains the definition of "affected person", as written comments, recommendations and objections to Collier County concerning the proposed Rural Fringe Plan Amendments scheduled for adoption June 18, 2002. We request that these comments be made a part of the record of proceedings and transmitted to the Department of Community Affairs (DCA) with any plan amendments ultimately adopted. The proposed comprehensive plan amendments are inconsistent with the requirements of Sections 163.3177, 163.3178, 163.3180 and 163.319, Florida Statutes, are inconsistent with the State Comprehensive Plan and with Chapter 9J-5, Fla. Admin. Code. The proposed Comprehensive Plan amendments are internally inconsistent, are premised upon objectively false and judicially determined The Honorable James Coletta, Chairman June 17, 2002 Page 2 inadequate data and analysis. economically feasible. /sds The proposed Comprehensive Plan amendments are not Very truly yot Robert P. ~'~ COLLIER COUNTY PROPERTY OWNERS WHO OPPOSE CURRENT COMPREHENSIVE PLAN AMENDMENT JUNE 18,2002 o o ~ ~ ~ ~ Z < ~ 0 ~ ~ ~~ ~~z< ~o ~< ~ - o ~ = ~ ~ o Z < X ~'00~o~'~~>0~ ~ ~ ~ ~ ~ ~ ~ o ~ o ~ Z m ~ Z - Z o 0 ~i ~ ~ Z ~ 0 < ~ ~ z 0~ ~ ~ 0 < < ~ ~ 0 0 0 ~ ~ ~ 5 ~~zz ~, zzz× < < < < < < < < < < <~ < < < ~ I N < zoo ~i ~~<<~ < < < < < < < < < < < < < < <~ < oz~ o<S co < ~ Z Z: Z ~ Z < < < < i ~ z z , < < < 0 m~ m Z 0 < ~ Z > > < ~ ~ ~ ~ < < Z ~ ~ ~ ~ ~ < ~ ~ 0 ~: © zzz~z < < < I © © Z ~ ~ ~ © © 0 ~ 0 ~'~ 0 < ~ ~ ~<~~< ~z~~< m Z ~ ~ ~ 0 0 ~ o < ~ ~ ~ ~ <, 0 0 ~ Z Z ~ 2 ~ Z Z Z < < < < < < < < ;> © © © Z ~ ~ < ~ ~ < ~ ~ ~ ~ o ~ ~ 2 < 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 ~ < ~ ~ o z H < 0 0 0 0 0 O; 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ 0 0 oSCo< 0 > © o ~~ ~ ~ o ~ - o~ oi ~ ~ -- ~ ~ - ~ ~ ~ ~ o z o ~ ~ Z o ~ > ~ ~ ~ ~ ~ ~ ~ o o o o o ~ 0 ~ ~ ~ 0 ~ 0 0 ~ ~ ~ ~ 0 o 0 ~i X X ~ ~ o Z ~ ~ X 0 ~ 0 0 0 0 0 0 0 0 0 0 © © © © © © o o & o © o o o © © © © © © © 0 f~ © .~> © © © © ~ o ~ ~ 0 0 z~ o ~'~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O, 0 0 0 © © © © © © © [gl © © © 0 0 5 oo °°°~o o < < < < < < < < m m m m m r~ o o 0 r.~ 0 0 0 o © © U 0 ;> o o 0 0 © © © (.-q © r~ © r~ © © © © r~ © © © © ~ ~ o ~ ~ 0 © © © © r~ © © © © ;> © © © © © ~ Z 0 ~ ~ ~ ~ 0 ~ ~ 0 ~ ~ 0 ~ ~ O 0 o ('-,I © © © © © © © © r~ © © © © © © :> 0 o 0 0 0 0 0 0 © © © © © e ~ < o < ~ ~ < ~ ~ ~ < ~ < ~1 ~ ~ ~ 0 0 ~ ~ o m < 2 < ~ ~ m, m ~ o m ~ 0 ~NNNNNNNNNNNNN~~ oo80ooo~ooo oooo ;> ~ ~: 0 0 0 ~ 0 0 ~ ~ ~ ~ ~ 0 0 ~ ~ o 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ o o o ~ ~ ~ ~ ~ ~, I ('4 ~D ;> © © © © © I , ~ ~ m ~ ~ OI ~ m m Z ~ ~ < m ~ o o ~ o o ~ o ~ ~ ~ ~ ~ ~ ~ ~ 0 0 ~ ~ ~ 0 ~ ~ 0 ~ ~ 0 ~ 0 ~ ~ ~ 0 < < © © © r~ © © < - -o~ ~~o~,~,~ 0 im< ~ ~>~ ~ 0 0 ~ ~ ~ ~ ~ Z ~ < o z o ~ o o o ~ o o o ~ <Z~!o~<<~~~ 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 © © © © ~ 0 ~ O: 0 0 O~ 0 0 0 i 0 0 0 0 0 0 0 0 © ;> © © © © © © 0 0 u u 0 0 o © © © © © © © © © ~ o ~ ~oo<~S~~~~ o o o ~ 0 o 0 0 o o o o 0 o~ 0 0 0 0 m ~ < 0 ~ O~ ~ ~ ~U~o ~ < ~ 0 0 0 0 0 0 0 0 0 © 0 0 0 0 0 0 0 ('-,I © © 0 0 m 0 m ~ 0 o z~ ~ <~ Oo < < < < < < < < <~ ;> © © 0 ~ ~ Z © ~~zo o o ~ m ~ ~ < m ~ ~ ~ oi o ~ o; 0 0 0 0 0 0 0 © o < o © © © © © © © ~ ~ ~<~o ~ ;> r~ © r~ © o © 0 ~ > m 0 0 0 0 0 0 0 0~ 0 0 0 0 0 0 0 0 © © © © ("4 o r~ 0 0 0 0 0 u © © © © © © © © © © © © ~ 0 0 m, ~ o ~ ~ ~ o o o ~ ~ ~ o ~ o ~~ooo~ o >> (,,q © © r~ © © © © © © © m ~ ~ o 0 ~ ~ ~ ~ ~ ~ ~0 ~ ~ ~ ~ ~ 0 ~ z m ~ ~ < = m = ~ ~ ~ o o o o o o o o o 0 0 < ~ m Z 0 m O m ~ o ~ ~ 0 > < m ~ ~ ~ Z 50~~ 00~=~00~0~~~ ;> © © © © ~ ~ ~ ~ ~ o ~ o 0 ~ 0 0 ~ 0 ~ ~ 0 ~ 0 ~ ~ 0 ~ ~ o ~ ~ ~ o o ~ ~ ~ ~ ~1 ~4 ~ ~ ~ 0 < ~ ~ 0 ~ 0 0 0 ~ m m m 0 'F~ © © © © © © © © © © 6~ O~ O~ ~0 9gI §g g~ 9~ LO ~0 gO 9g §g ga 9~ gL ~L gL ~0 9~ 9~ LO 9g 9~ 60 ZL gO 9O LO go 9O Z~ gL 9L OL 60 ZL gO 6~ O~ ZL 8O go O~ ZL gO LO 9£ ~L LO 90 \ l.O 1, ZO 1t CO ~ Og 9g gg 6L 9!. g~ CL LO 6~ O~ ],o!z~s!Q osl-I pox!IAI o:~:k[ [~mM oq, L Ul spue-I 6u!pues pue 6u!AjeoeM L~ g~ ob i 6o O~ gO 90 ~0 g~ OL 9L 60 60 I 90 · -'il un o9 aa-I gL gg ol. CO 9~ Z~ gl. LL Neale Montgomery (239) 336-6235 E-Mail: nealemontgomery@paveselaw.com PAVESE, HAVERFIELD, DALTON, HARRISON & JENSEN, L.L.P. A FLORIDA LIMITED LIABILITY PARTNERSHIP ATTORNEYS AND COUNSELORS AT LAW POST OFFICE DRAWER 1507 FORT MYERS, FLORIDA 33902-1507 (239) 334-2195 FAX (239) 332-2243 http://paveselaw.com STREET ADDRESS: 1833 HENDRY STREET FORT MYERS, FLORIDA 33901 PLEASE REPLY TO: FORT MYERS OFFICE June5,2002 Mr. Stan Litsinger, AICP Comprehensive Planning Manager Collier County Planning Department 2800 No~h Horseshoe Drive Naples, FL 34104 Dear Mr. Litsinger: I am writing on behalf of Paul P. Wisman, as Successor Trustee under The North Naples Land Trust Agreement dated June 1, 1989 (Paul P. Wisman, Trustee), who operates and owns a business within Collier County. Paul P. Wisman, Trustee supports the plan amendments 02- R 1 under consideration by Collier County. Paul P. Wisman, Trustee specifically supports the concept of density blending. The areas designated for density blending are appropriate. Should the County desire additional information on the suitability of the property located in Township 48 South, Sections 10, 15, and 22, Range 26 East for density blending to assist in responding to the Department of Community Affairs, please advise. Amendment 02-R1 includes changes to the public facilities element. It is submitted that these changes do not encourage sprawl. These changes promote the public health, safety and welfare and should be adopted. Thank you for the opportunity to comment on the pending plan amendment. Sincerely, NM:tlb F:\WPDATA\NM\MIRLET.WPD 4635 S. DEL PRADO BLVD. P.O. BOX 100088 CAPE CORAL FLORIDA 33910-0088 (239) 542-3148 FAX (239) 542-8953 461 S. MAIN STREET P.O. DRAWER 2280 LaBELLE, FLORIDA 33935 {863) 675-5800 FAX (863) 675-4998 SUITE 203 4524 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33415 (561) 471-1366 FAX (561} 471-0522 June 11, 2002 Mr. Stan Litsinger, AICP Comprehensive Planning Manager Collier County Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Litsinger: I am writing on behalf of WCI Communities Incorporated (WCI), which is a land and business owner within Collier County. WCI supports Comprehensive Plan Amendments 02-R1 currently under consideration by Collier County. WCI specifically supports the concept of"Density Blending" and considers the areas as depicted on materials submitted to the State of Florida Department of Community Affairs (DCA) appropriate for this activity. Should Collier County desire additional information on the suitability of density blending as it relates to properties either owned by WCI, or under contract for purchase by WCI, in response to the DCA ORC report, please advise. It is also my understanding that Amendment 02-R1 includes changes to the public facilities element and as submitted, WCI believes that these changes do not encourage urban sprawl. On the contrary, we feel these changes promote public health, safety and welfare and should be adopted as proposed. Thank you for the opportunity to comment on the pending plan amendments. Sincerely, WCI Communities, Inc. Rick Mercer, V.P. Planning and Development .~..?L3~7 I I_.EVV S, LONGMAN P.A. ATTOF~NE¥S AT hAW HELPLVG SHAPE FLOI~IDA'S FUTURE® Reply To: West Palm Beach tz'RW /\~1 I Jol)Y L.xxt:. ~[~TI[ ANN CARl ~ON ~ [IC!IEI.I.[~ DIFF!~NDI~RFER ~OBERT ~ DIFFENDERFER KENNETH ~( DODGE AMY M. BRENNA 5LXI.()UF Dt'RI)I~N ROSI.YNN M. ~.kIXER [~. F{)RFllAND 3[Et. IS~A ~R()Ss-ARNOI.D KEV]N S. T~r E. IJ~w~s ANNE LONG M~N G, S H{I'HEN ~LtNNING DAVII) E. KENNETII ~. ~I'II_LIA~ EDWIN A. ~TEINMEYER GLt~NN ~. TtlOMA~ ~TEPlIEN A. WAI.KE~ Jackso.ville office 9428 Baymeadows Road Suite 625 Jacksonville, Florida 32256 (904) 737-2020 Fax: (904) 737-3221 Tallahassee Off;ce Post Office Box 10788 (32302} 125 South Gadsden Street Suite 300 Tallahassee, Florida 32301 t850) 222-5702 Fax: (850) 224-9242 W~.st Pahn B~ach ()fi'ce 1700 lhlm Beach Lakes Boulevard, Suite 1000 X~t. st Pahu Beach, Florida 33401 {Sill) 640-0820 Fax: (561) 640-8202 VIA FACSIMILE AND FIRST CLASS MAIL June 19, 2002 The Honorable James Coletta, Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Proposed Rural Fringe Amendments Dear Chairman Coletta: Please include this letter as comment, pursuant to Section 163.3184(1)(a), Florida Statutes, in the record of proceedings for adoption of the proposed Rural Fringe Comprehensive Plan Amendments. These comments are submitted on behalf of The 15,000 Coalition, Inc. and those people for whom I appeared last night. Thank you for your support of allowing individual affected parties to voice their concerns at the county commission last night. I was disappointed that a majority of the Board voted to limit debate. As you heard, the individuals involved are very concerned about any actions which affect their property. Whether those actions are termed "ROMA" or somehow otherwise embedded in the comprehensive plan, where it concerns the land which is affected by the ROMA proposal, they have a right to be interested. Some of the finer points concerning who may be doing what to whom may not be clear to them. Again, I appreciate your efforts to allow all of the individuals to speak. There was some confusion, however, concerning the effect of these comprehensive plan amendments on that portion of the Golden Gate Estates area which is affected by ROMA. There were a number of statements made by planning staff and commission members as well that nothing in this set of plan amendments concerns the Estates. At The Honorable James Coletta, Chairman Collier County Board of County Commissioners June 19, 2002 Page 2 one level that is true, inasmuch as there is nothing in this set of plan amendments which purports to alter densities or intensities of uses in the Estates. At another level that is not entirely accurate since there are a number of policies which would affect the Estates because of the proximity of the Estates to the North Belle Meade NRPA. I will describe several examples. At page 72 of 80, in the Future Land Use Element package before you is one obvious example. At the section styled: Planning Considerations 1. Wildlife Crossing and Wildlife Corridor * The County should support...the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. This is a statement of support by the County for connection of a corridor between North Belle Meade and the Panther Refuge to the east. This corridor necessarily traverses the southern tier of the Northern Golden Gate Estates. This notion of a wildlife corridor is central to the ROMA proposal for the same location. To the extent the County supports this corridor it is tacitly giving approval and support for the ROMA proposal, which contemplates the same thing. It is a clear example where these proposed comprehensive plan amendments do have an effect upon the platted Golden Gate Estates. Another example is found at page 75 of 80 in the Future Land Use Element. In the section styled: Planning Considerations 2. Mitigation Credit * Lands located in the NRPA and the adjoining buffer areas, which will be dedicated to a public or private entity for conservation use may also be credited towards meeting any governmental mitigation requirements and on a one-to-one acreage basis towards meeting the onsite vegetation preservation requirements of NBM Receiving Lands. This adjoining buffer area, which necessarily includes the area of Golden Gate Estates affected by the ROMA proposal, is targeted by this plan provision as off-site mitigation for other activities. That is precisely what the entire ROMA proposal is about. You can understand that the individuals who own those lands in Golden Gate Estates would be very concerned where the County has identified in its comprehensive plan a strategy for off-site mitigation which involves their land, whether the County calls it ROMA or not. A third example is found at page 76 of 80 under Section C: The Honorable James Coletta, Chairman Collier County Board of County Commissioners June 19, 2002 Page 3 C. Natural Resource Protection Area Overlay Natural Resource Protection Areas (NRPAs) that are not identified as "interim" above shall have the following standards: 5. For privately owned lands within a NRPA Overlay and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan, in recognition of Florida's private property rights laws. As these privately owned Estates Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to Conservation. This section clearly contemplates that "designated Estates," which is not a defined term, will be acquired for conservation purposes. You can understand that owners of the Estates, lying between the Panther Refuge on the east and the NRPA on the west, would have tremendous concerns about the County's interest in these properties. Nowhere in the Rural Fringe Amendment package is a clear statement that the County intends to support and protect the rights of those who reside in the Estates to continue to develop. As discussed above, these are three very clear examples of where the Rural Fringe Plan Amendments contains statements, policies or direction which affect those same lands within Golden Gate Estates which are contemplated for ROMA. The statements in these plan amendments are consistent with and supportive of the logic reflected in the ROMA proposal. It is virtually certain that if these plan amendments are adopted, those interested in advancing the ROMA proposal will point to them as the County's support for the entire ROMA program. I hope you can understand why the individual property owners in that area of the Estates feel that the plan amendments are supportive of ROMA and why they object to these plan amendments. I am certain there are other statements in the plan amendments which are supportive of ROMA but I bring these three to your attention simply to clarify the record that it is not true that nothing in the plan amendments concerns that area of the Estates affected by the ROMA proposal. Clearly it does. I would also like to submit for inclusion in the record of the adoption proceedings the current property appraiser's aerials for the North Belle Meade area. I cannot understand why they are not already part of the data and analysis. In addition, we are submitting for inclusion in the record of the adoption proceedings site specific environmental and hydrologic data which has been developed over the course of the past 15 years for lands within the North Belle Meade area. This is ground-truthed, site specific data contemplated by the f'mal order pursuant to which the County has stated it is proceeding. The Honorable James Coletta, Chairman Collier County Board of County Commissioners June 19, 2002 Page 4 Thank you for the opportunity to appear and be heard. We look forward to working with your counsel and planning staff as the plan proceeds. Very truly yours, Robert P. Diffenderfer /sds Enclosures CCi Nancy Linnan, Stan Litsinger Commissioner Commissioner Commissioner Commissioner Esquire Tom Henning Fred Coyle Donna Fiala James Carter, Ph.D. Mr. Robert Mulhere Marjorie Student, Esquire I:\Cliem Documents\Century Holdings\311-002\Correspondence\Coletta Ltr 3.doc FDEP/STRTE LANDS Fax:850-415-7478 MaW 1 2002 1~:45 P.05 11. 12, Mr,,, Wo~here!l asked for commen~ ~oou~ tl~ lml~o~ c~ ~ llat,,ed on ~ CARL Don L~mr exCain~ that l~e m~'kM ddM up when they OA~L ~ :~ T~ Tomeaeb noted that ano~be' ~ wll denied m dOCk ~ ~ d ad~ CARL project. ~ with College PrOl:mrty ~ ~ ~e. sta~ reeds to ~ mom'w~ the ~ 'q,m Ftmu~on r~ng the Bahai Palm Road ANoctitiop., ~ ~ lhey ~ hal get mad pem~s when ~ ~ tm on the ~L ~ lid. priork'y list. natural ~,m~~ mmm ~ m~m r~mmmCm~ ~ ~ MR. WA~ MOVED AI~ MR. ~ ItllC,~ ~ ~ TO ~ TIlE Mn. W&TTE~- MOV~ ME) t~ ~ ~ FOa D~:~ ~aE MOTK3N TO ~ ?HETW PiK3pam'v FOR"I~, ~ ~~. MR. permtt~ on tJ~e lm~ in that ~1 It't~ wilt elto~ ~ ~, l-ub~/::,~ H~ ~ LHN,U:~I-ax :8b0-4].5-7478 Ma!::I '1 2002 ].4 =44P. 02 on the tract. The Division of Recreation and Park~ s~ the ~opo~ed ~n to the park. It encompasses territory used by ~ jayl on the ~, ~ ~. l~ec~meneati~; Approve the prepoa,~d add#ion of S53ac=~ ~o the Hlgh~d~ Hammock ~ C.4k,qL project. (I) ~ Belie _Staff Remarksj Staff reanaJyzed the Belle Meade CARt. project design as directed by the Council during the January 26, l&ie4 meeting. A held in Naples on. AprtJ 2~, 1994 to reeeiv~ publi~ ~ Approximetely 100-15~ people attended the ~~, 'ami ~t~ of ---- .... -,- ~ · ~a~,a aequmalon, ~ many ~ to be misinformed about the .~ate's a~ procedure~. explaining the accl. uisl~on proca~ _a~_,... a ~nmy qu~ to ail the project that were listed on the L;o~ier ~ tax ~o11" Approximately 1,328 letters arid survey fom'~ were s4~nt, ~ 447 ~:J4%} rasponda~ as ..... .:..,_::' ....... '_r"-e'T..~ ,-'~'~er ~ ma~e an ~ oilier. Oelv one he did not provide · ~=um.~,t.a~ ~ .ueaen e~. aa~,.. S~ meaeedma (1.3%) respon~ent~ in~ the denl,t may not have I~e.n due to CARL ltmU~. Indeed. the dete of the cten~ preceded the date that the ~ ~ ~ ~Ii added ~ the CARL priority Est. Seventeen r~ (3,.%) Indi=.~ t~ ~ ha=! buyers withdraw from p~ their 'property ~ of CARL ~ although o~y two provided supportive ck~umentati~. Many.~ ~ernmel~e~ survey was ',r~mtionatly ~ased and did .not. allk the ~ ~, ~ in for permigs because .they telew that perm~i~ ~ be Mr. Mike Stmyton, ~ of Big Cypress Basin Beard, I'ecommenda~. the State Roa~ aS1. Hi~ recenw,and~te~ 'were iaae~ on ~¥/emtagi~ml and the court's cornl:~ehensNe ~ uae plan. The ~ trl Nep~ recommended the remavat of th e aa trael= ~ the ~bouaderv, .aw. Il,= 8 2002 Florida Forever List River Liberty / Gadsden / Jackson ~,rchie Cart Sea Turtle Refuge2 Brevard / Indian River 3elle Meade Collier ~rnbing Range Ridge Caloosahatchee Ecoscape catfiSh Craek2 Corkscrew R. E. W.2 Dickerson Bay / Bald Point Estero Bay :la.'s 1st Magnitude Springs ;lorida Keys Ecosystem Ichetucknee Trace Kissimmee-St. Johns Connector Lake Wales Ridge Ecosystem Longleaf Pine Ecosystem NE Florida Blueway2 NE Florida Timberland Reserve2 Okeechobee Battlefield Pal-Mar 2.3 Panther Glades =erdido Pitcher Plant Prairie =ierce Mound Complex =ineland Site Complex St. Joe Bay Buffer St. Joe Timberland fate's Hell/Carrabelle Tract Terra Ceia= Three Chimneys Twelvemile Slough Volusia Conservation Corridor z Wacissa / Aucilla River Sinks 2 Sl~ngs Pmtect'n Zone ~lon Pond Polk Hendry / Glades Polk Collier / Lee Wakulla / Franklin Lee Jackson / Lafayette / Hemando Bay I Washington / Leon I Wakulla / Levy Monroe Columbia Okeechobee/Indian River Highlands/Polk/Lake/Oscoola Marion / Gilchrist Duval/St Johns Nassau/Duval/Clay/Putnam Okeechobee Palm Beach / Martin Hendry Escambia Franklin Lee Gulf Gadsden/Gulf/Franklin/Leon/ Wakulla/Liberty/Brevard/Bay Franklin / Liberty Manatee Volusia Hendry Volusia Jefferson / Taylor Wakulla Alachua / Levy Lake / enUtteliga Hammock antic Ridge Ecosystem 2 vard CoaStal Scrub Ecosy. rr Farm/Price's Scrub dar Swamp 2 Iharlotte Harbor Flatwoods ade County Archipelago ~ unn's Creek 2 con-St. Johns Ecosystem meralda Marsh = toniah / Cro~,,Fla. Greenw~/ Ecosystem $ Santa Rosa .lall Ranch 3 Charlotte ixtown Swamp 2 Madison Volusia / Brevard / St. Lucie/ :lian River Lagoon Blueway = Indian River / Martin Letchworth Mounds 3 Jefferson Middle Chipola River Jackson / Calhoun North Fork St. Lucie River= St. Lucie Oscoola pine Savannas Osceola Pinhook Swamp = Baker / Columbia =umpkin Hill Creek= land Mountain 2,a utheast Bat Maternity Caves get Island / Little Tiger Island elve Mile Swamp 3 ,r Econ Mosaic Duval Bay / Washington Jackson/Marion/Sumtar~lCitrus Nassau St. Johns Ranch Charlotte/Lee Etoniah / Cross Fla. Greenway Putnam Fisheating Creek Glades / Highlands Green Swamp 2 Lake / Polk Lake Wales Ridge Ecosystem Polk VlcKeithen Site Columbia 4illstone Plantation Leon ~anther Glades Hendry E~ig Bend Swamp/Holopaw Ranch Osceola Middle Chipola River 3 Calhoun / Jackson {:)Id Town Creek Watershed ~ Hardee / Polk Ranch Reserve Osceola/Brevard/Indian River Southeast Bat Maternity Caves2 Alachua Volusia Conservation Corfidor~ Volusia 3revard Coastal Scrub Ecosys.2 Brevard/Indian River Charlotte / Lee / Sarasota Hillsborough ~Charlotte Harbor Estuary Martin ~Coupon Bight / Key Deer Monroe Hemando I Citrus IFakahatchee Strand Collier Martin ~ake Wales Ridge Ecosystem Highlands/Polk Brevard / Indian River ~North Key Largo Hammocks Monroe Alachua / Marion ISave Our Everglades Collier / Hendry Duval ISpruce Creek 2 Volusia Lee / Charlotte South Walton Court Ecos stem Walton Miami-Dade _ ,._,: '. ,.' ......................... Putnam seminole/orange reenway ?,s ! Lake ~LOCnlOOSa WllQIil'e~ Alacnua ~ Put,n,,arn/Marion/Cla~//Le~/Citru s! .......... ! List of projects developed by the Acquisition & Restoration Council (Dec. 2001) and approved by the Governor & Cabinet January 29, 2002. Another governmental entity has entered a funding partnership with the state. Negotiations with one or more owners of core parcels have reached an impasse. IJ~ i~?GOI..DEN GATE ESTATES;~ ' 2,5 ~ Il~ ~:"e: CANAL COUN~ LANDS LANDFI~ 3 , INDUSTRIAL DISTRICT ESTATES DESIGNATION PRIMARY SENDING LANDS PLANNING DEVELOPMENT INCORPORATED 5133 CAS~,,O DRIV~ SUIT~ ~., NAPLES, FLORIDA 34108 COLLIER RESOURCES COMPANY 2600 Golden Gate Pkwy, Suite 112, Naples, FL 34105-3200 · Tel: (941) 262-0900 · Fax: (941) 262-7378 June 18, 2002 James N. Coletta, Chairman Board of County Commissioners Collier County, Florida Re: Growth Management Plan Amendments On behalf of Collier Resources Company, Collier Land and Cattle Corporation, Lamar Gable, Frances G. Villere, Phyllis G. Alden, Donna G. Keller, Barron Collier III, and Katherine G. Sproul, Juliet A. Sproul and Jennifer S. Sullivan, as Trustees and Collier Enterprises, I respectfully request that oil extraction and related processing, as defined in the county's Comprehensive Plan, remain a permitted use in the rural fringe and conservation designated portions of the county. As you may know, oil and gas activities have been conducted in Collier County for over 50 years. Collier Resources Company manages the Collier family's subsurface oil and gas interests throughout the county, including both rural fringe and conservation lands. As explained to the Environmental Advisory Committee and the Collier County Planning Commission, a change to make oil extraction and related processing a conditional use would significantly and adversely affect the Collier family's property and Collier Resources Company's business in Collier County. Please consider these objections, recommendations and comments in making your decision. We would urge you to leave oil extraction and related processing as a permitted use, as it has been for many years. Sincer.~y, /' /[ Robert D. Duncan, Jr. General Manager Cc: Ernest A. Cox Nancy Linnan, Esq. Marjorie Student, Esq. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, Petitioners, vs. COLLIER COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents, and JAMES A. BROWN, JR., AS TRUSTEE ) OF THE EAST NAPLES LAND ) COMPANY; BARRON COLLIER PARTNERSHIP; COLLIER ENTERPRISES, LTD.; CONSOLIDATED CITRUS LIMITED PARTNERSHIP; PACIFIC TOMATO GROWERS; ALICO, INC.; and JACK PRICE AND RUSSELL PRIDDY, INDIVIDUALLY AND JOINTLY AS EASTERN COLLIER PROPERTY OWNERS, Intervenors. Case No. 00-0540GM RECOMMENDED ORDER A formal hearing was held in this case before Lawrence P. Stevenson, a duly-designated Administrative Law Judge of the Division of Administrative Hearings, on June 12 through 14, 2000, in Naples, Florida. For Petitioners: APPEARANCES Thomas W. Reese, Esquire 2951 61st Avenue, South St. Petersburg, Florida 33712 storm water management systems located on these agricultural lands. 42. Mr. Lorenz testified regarding County staff's initial recommended NRPAs. County staff initially relied heavily on the Closing the Gaps report and its derivative materials, discussed below. Staff also initially relied upon the South Florida Water Management District's "Florida Land Use Coverage Classification System" ("FLUCCS"), which is a display of land coverage information from the 1994-1995 database. Staff also coordinated with Mr. Beever, as noted above. 43. County staff initially drew their proposed Interim NRPA boundaries along section and quarter section lines. Mr. Lorenz acknowledged that natural features typically do not follow section and half section lines, and that the boundaries finally selected more closely reflect natural features rather than legal descriptions. 44. ECPO provided County staff with aerial photographs of the land in the eastern Collier County, and Mr. Lorenz had discussions with people who actually farmed that land. The information provided by ECPO was used in determining the interim NRPA boundaries that the County finally adopted. 45. One area eliciting a great deal of evidence at hearing was North Belle Meade, which the FLUCCS map indicates is 90% wetlands. North Belle Meade was excluded from the interim NRPAs for several reasons. First, it is surrounded on three sides by 26 areas of accelerating urban development and is bordered by 1-75 on the fourth side. Mr. Beever conceded that the development of North Golden Gate Estates, to the east and north, will greatly reduce the habitat value of North Belle Meade. 46. Mr. Beever also conceded that 1-75 is a barrier in the landscape continuum between North Belle Meade and the Belle Meade interim NRPA. Based on his general experience, Mr. Beever did not believe that the interstate prevents panthers from crossing from one area to the other, but he admitted that he had no specific information regarding panthers crossing 1-75 between North Belle Meade and Belle Meade. North Belle Meade has not been identified as a habitat conservation area for the Florida panther by the Florida Fish and Wildlife Conservation Commission. 47. Another reason for the exclusion of North Belle Meade was the large number of individual landowners and small parcels platted within the area prior to June 22, 1999. The 1999 Final Order provided that developments approved prior to June 22, 1999, would not be subject to the use restrictions otherwise imposed by NRPA designation. This provision led the County to exclude from the Interim NRPAs those areas with approved developments. In North Belle Meade, landowners could permissibly build a single family residence on each parcel platted before that date, even if the area were designated as an interim NRPA, thus minimizing the utility of the designation. 27 48. Finally, hydrologic changes have already had significant impact on the native vegetation of North Belle Meade, distinguishing its character from that of those areas adopted as interim NRPAs by the County. 49. The areas designated as Interim NRPAs are large, connected systems. The criteria emphasized connecting areas with native habitat cover, which led to the exclusion from the NRPAs of active agricultural areas located on the outer edges of areas being considered for inclusion. 50. Both Gary Beardsley and Mr. Beever testified that certain wildlife, such as the Florida panther and wading birds, use agricultural areas as habitat, particularly where there is a mosaic of agriculture mixed with native vegetation. They also testified that there is no hard data as to the extent to which such species rely on agricultural areas, or as to the type of agricultural uses that enhance, rather than degrade, the habitat value of lands. 51. Mr. Beever disagreed with the Interim NRPA boundaries established by the County, but he also testified that he would not recommend including within those boundaries areas that have been converted from native to non-native vegetation, particularly active agriculture with heavy hydrological maintenance. 52. The Department reviewed the transmitted NRPA boundaries and issued its Objections, Recommendations, and Comments ("ORC") Report. The ORC Report objected to the exclusion of three areas 28 66. Closinq the Gaps states that "quick and aggressive action" is required to save the Florida panther from extinction, and cites the conversion of large areas of rangeland and native land cover to agriculture as one the greatest threats to the continued existence of panther habitat. The report singles out citrus development as a threat to subdivide existing, contiguous panther habitat. Closing the Gaps, p. 68. 67. Among its suggestions for protecting natural resources, Closing the Gaps cites acquisition of privately held lands as the most effective and least controversial method, along with the purchase of lesser rights such as conservation easements. Closinq the Gaps also urges local governments to protect valuable habitat through their comprehensive plans. Closing the Gaps, p. 191. 68. ECPO agreed that Closing the Gaps is a useful tool for examining Florida's natural resources in terms of habitat and species at a statewide level in order to determine where there may be gaps in the state's conservation programs. However, ECPO convincingly demonstrated that an effort to base local planning decisions on the large scale satellite imagery utilized by Closing the Gaps is a misuse of that document. 69. The text of Closing the Gaps itself contains disclaimers as to the utility of its satellite maps: The maps appearing in this report are intended to provide guidance to decision makers involved in public land acquisition, land use planning, development regulation, 33 73. Tim Durham of Wilson Miller, ECPO's consultant, testified that the inaccuracies were a function of attempting to apply habitat models based on the large scale satellite maps in Closinq the Gaps to what is actually on the ground in a relatively small area. Mr. Durham stated that "it's almost like static on a T.V. screen. You're starting to see a bunch of things that aren't really there. The habitat models were assuming habitats that weren't really out there." 74. Mr. Durham found that the satellite imagery in Closing the Gaps provided inaccurate data that some of the agricultural lands contained four or five different habitat types in a tight mosaic. This data would cause a computer model erroneously to classify these agricultural lands as good native habitat. 75. Mr. Beever noted that the Closing the Gaps data is being updated. However, the update continues to assume the correctness of the earlier data, leading the unwary reader to assume that large areas of natural habitat have been converted to agriculture between the years 1986 and 1996, though in fact the lands at issue have been in agricultural use throughout this period. 76. Ross McWilliams, ECPO's environmental consultant, conducted an analysis of Closing the Gaps in comparison to what is actually on the lands in eastern Collier County and concluded that the vegetative land cover set forth in Closing the Gaps contained extensive errors. 36 77. Mr. McWilliams found that Closinq the Gaps mapped thousands of acres of agricultural lands as "scrub and brush." Mr. McWilliams visited 14 specific sites in eastern Collier County rural areas, and found that the "signature" (i.e., the identification of the predominant type of land cover) set forth in Closing the Gaps was incorrect for all 14 sites. 78. The Petitioners also presented evidence that the Interim Amendments do not afford adequate protection to listed species. The exhibits presented by the Petitioners to establish the location and extent of Collier County habitat for the red cockaded woodpecker, wading bird rookeries, bald eagle, black bear, and Florida scrub jay were all based on Closing the Gaps data and thus not entirely reliable. As noted above, Closing the Gaps is not a reliable tool for establishing land cover on the small scale required for local planning purposes. Its findings as to habitat and potential habitat were based on its land cover findings, and therefore also suspect. 79. The Petitioners also presented panther telemetry data to indicate the movement of the Florida panther in Collier County. The telemetry data persuasively demonstrated the presence of panthers in the area, but were inconclusive to establish the number of panthers moving through the area or their precise activity patterns. One of the purposes of the Assessment is to examine the telemetry data in order to better understand 37 OE O2 Ol:13p DCR RGEMCY CLERK 850 48? 6?69 DCA FINAL ORDER NO. DCA00-GM-392 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FLORIDA WILDI,IFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, Petitioners, COLLIER COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, DOAH Case No. 00-0540GM Respondents, and JAMES A. BROWN, JR., as Trustee of the East Naples Land Company; BARRON COI,LIER PARTNERSHIP; COLLIER ENTERPRISES, LTD.; CONSOLIDATED CITRUS LIMITED PARTNERSHIP; PACIFIC TOMATO GROWERS; ALICO, INC.; and JACK PRICE and RUSSELL PRIDDY, individually and jointly as Eastern Collier Property Owners, Intervenors. FINAL ORDER Procedural Background This matter involves a petition jointly filed by the Florida Wildlife Federation ("FWF") and the Collier County Audubon Society ("CCAS"), which challenged the "in compliance" finding of the Department of Community Affairs ("Department") regarding amendments to the Collier County Comprehensive Plan ("Plan") adopted on November 23, 1999, by Ordinance 99- 82 ("Amendments"). After the petition was filed, James A. Brown, Jr., as Trustee of the East Jun 03 02 Ol:13p DCR RGENCY CLERK 850 48? 6?69 p.3 DCA FINAL ORDER NO. DCA00-GM-392 Naples Land Company; Ban'on Collier Partnership; Collier Enterprises, Ltd.; Consolidated Citrus Limited Parmership; Pacific Tomato Growers; Alico, Inc.; Jack Price, and Russell Priddy intervened in the proceeding. All of the intervenors, with the exceptio~ of Brown, intervened both as individuals and jointly as Eastern Collier Property Owners ("ECPO"). The Administrative Law Judge ("ALJ") assigned by the Division of Administrative Hearings ("DOAH") held a final administrative hearing and entered a Pxecommended Order in which he recommended that a final order be entered finding the County's plan amendments to be in compliance. The Recommended Order was forwarded to the Department of Community Affairs for further disposition pursuant to Section I63.3184(9), Florida Statutes. Exceptions to the Recommended Order were filed by ECPO and jointly by the Petitionei-s. EPCO, the Petitioners, the Department, and Collier County ("County") filed responses to the exceptions. Intervenor Brown joined in the County's responses to the Petitioners' exceptions. Amendment Background The amendments under challenge reflect the County's delineation of interim Natural Resource Protection Areas ("NRPAs"). The County adopted the NRPAs in order to comply with the Administration Commission's final order in Department of Community Affairs v. Collier County, ER FALR 99:259 (Admin. Comm. 1999), to which the Petitioners in the instant case also were a party. In that final order, the County was directed to undergo various planning tasks in order to bring into compliance the County's Evaluation and Appraisal Report based amendments. One of the directives required the County to adopt interim NRPAs pending further assessment of natural resources. After the assessment is completed, the County is required to Oun 03 02 Ol:13p DCR RGEMCY CLERK 850 48? 6?69 DCA FINAL ORDER NO. DCA00-GM-392 adopt long range protection for natural resources. As the challenged amendments were adopted in order to comply with a comprehensive strategy outlined by the Administration Commission, their evaluation includes consideration of that context. STANDARD OF REVIEW The Administrative_ Procedure. Act, Chapter 120, F.S., requires agencies to accept the ALYs findings of fact and conclusions of law, except under certain limited circumstances. Section 120.57(1)(1), F.S., provides the standard of review of findings of fact in the Recommended Order. It provides, in relevant part: Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The agency may not reject or modify the findings of fact unless the agency first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The Department cannot reweigh the evidence considered by the ALJ. The Department cannot reject findings of fact made by the ALJ unless there is no competent, substantial evidence in the record of support the findings. Heifetz v. Department of Business Regulation, 475 So.2d 1277 (Fla. 1" DCA 1985); and Bay County School Board v. Bryan, 679 So.2d 1246 (Fla. 1~' DCA 1996), construing a provision substantially similar to Section 120.57(1 )(1 ), F.S. The agency also has limited authority to reject or modify the ALJ's conclusions of law. Section 120.57(1)(l), F. S., provides that: The agency in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and interpretation of administrative ruIes over which its has substantive jurisdiction. When rejecting or modifying such conclusion of law or interpretation of administrative role, the agency must state DCR RGEMCY CLERK 850 48? 6769 DCA FINAL ORDER NO. DCA00-GM-392 with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. The label assigned to a statement is not dispositive as to whether that statement is a conclusion of law or a finding of fact. Sappv. Florida State Board of Nursing, 384 So. 2d 254 (Fla. 2d DCA 1980); Leapldy v. Board of Regents, 423 So. 2d 431 (Fla. 1't DCA 1982); Heifetz v. Department of Business Regulation, 475 So. 2d 1277 (Fla. 1 ~t DCA 1985); Kinney v. Department of State, 501 So. 2d 129 (Fla. 52 DCA 1987). It is the true nature and substance of the ALJ's statement that controls an agency's authority to reject a finding of fact or modify a conclusion of law. J.J. Taylor Companies, Inc. v. Department of Business and Professional Regulation, 724 So. 2d 192 (Fla. Ist DCA 1999). RULINGS ON EXCEPTIONS The Petitioners' Exceptions In the introductory section of their joint exceptions, the Petitioners state the following: The Federation and Collier Audubon have attempted to identify all findings of fact and conclusions of law associated with each of their exceptions. In the event they havc not listed any findings of fact or conclusions of law associated with each of their exceptions, they hereby express their intent to take exception to such associated findings of fact and conclusions of law for the reasons set forth in the associated exceptions. The Department rejects the Petitioners' attempt to place the Department in the position of locating all "associated" lindings of fact and conclusions of law to the Petitioners' numerous exceptions. To the extent the Petitioners fail to identify which portions of the Recommended Order they "express their intent to take exception to," the Department will not divine their intent gun O~ 02 Ol:14p DCR RGEMCY CLERK BSO 48? 6?69 p.B DCA FINAL ORDER NO. DCA00-GM-392 by attempting to identify what it considers to be suitably "associated" findings of fact and conclusions of law. Exception 1. - Finding of Fact 75 The Petitioners take exception to the portion of this finding which states that the updated Closing the GaPs "continues.. to assume the correctness of the earlier data." This finding is supported by the testimony of James Beever, which includes an inventory of the inaccuracies in the original maps and descriptions of the updated maps. One of the updated maps he discusses is the "change detection map," which he describes as indicating "what areas have changed in their land use." (Transcript, page 290.) That mapping effort targeted changes over time in land use cover. There is no record evidence that the updated maps corrected earlier errors in addition to reflecting updated changes in development activities. Accordingly, the finding is supported by competent, substantial evidence and the exception is denied. ExceptiOn 2.- Finding of Fact 78 In this exception, the Petitioners challenge this finding's statement that "Closing the Gaps is not a reliable tool for establishing land cover on the small scale required for local planning purposes." The Petitioners argue that this finding is not supported by competent, substantial evidence, and that the doctrine of collateral estoppel requires that Closing the Gaps be relied upon as data and analysis. As to the issue of collateral estoppel, the Department cannot apply that doctrine to Closing the Giaps. This exception calls for the Department to render a legal conclusion without the necessary underlying findings of fact. Jun 03 02 Ol:14p DCR AGEMCY CLERK 850 ~87 6?69 DCA FINAL ORDER NO. DCA00-GM-392 The decision whether to apply collateral estoppel is driven by facts. In order for collateral estoppel to apply, there must be affirmative findings as to its elements. It has been held that the essential elements of collateral estoppel "are that the parties and issues be identical, and that the particular matter be fully litigated and determined in a contest which results in a final decision of a court of competent jurisd!c, tion." Mobil Oil Corp. v. Shevin, 354 So. 2d 372, 374 (Fla. 1977). Nevertheless, collateral estoppel will not apply if it can be shown that there has been a substantial change of circumstances relating to the subject matter which would result in a contrary. determination. Holiday Inns, Inc,, v. City of Jacksonville, 678 So. 2d 528 (Fla. 1s' DCA 1996). Thus, in order to fully consider whether the doctrine applies to the report, there must also be findings as to whether better data and analysis was compiled and available to Collier County subsequent to Closing the Gaps and, if not, whether Closing the Gaps remained reliable over the years. · There are not adequate findings of fact in the Recommended Order that address the elements of collateral estoppel as applied to Closing the Gaps. This is due no doubt to the fact that the Petitioners failed to identify collateral estoppel with respect to Closing the Gaps as an issue in the Prehearing Statement. As there are not adequate findings of fact which address the elements of collateral estoppel to Closing the Gaps, the Department rejects the suggestion that the doctrine compels the acceptance of the reliability and suitability of that report. As to the allegation that the finding "Closing the Gaps is not a reliable tool for establishing land cover on the small scale required for local planning purposes" is not supported by competent, substantial evidence, the Department denies the exception. The record is replete 6 Jun 03 02 Ol:14p DCR RGENCY CLERK 850 48? 6?69 p.8 DCA FINAL ORDER NO. DCA00-GM-392 with testimony that Closing the Gaps is flawed in identifying land cover. This testimony was noted in several findings of fact, including numbers 72, 73, 76, and 77. The ALJ did not conclude that those flaws rendered the report unreliable as a planning tool. He simply concluded that the report was not reliable for establishing land cover on a small scale, and therefore any conclusions regarding hab!t.at and potential habitat based upon land cover assumptions were "suspect." In fact, all testimony, and the report itself, recognized the need to "ground troth" and update land cover £mdings. With respect to the report's value for depicting land cover, there was expert testimony from Mr. McWilliams that it is a "good general document" when used "on a large scale." (Transcript, page 608) This testimony was noted in finding of fact 62. It also was the basis of the statement in finding 68 that ... ECPO convincingly demonstrated that an effort to base local planning decisions on the large scale satellite imagery utilized by Closing the Gaps is a misuse of that document. The Petitioners did not file an exception to finding 68 despite its similarity to the challenged sentence in finding 78 and the fact that sentence began: "As noted above, ...."Based on Mr. McWilliams' testimony and finding of fact 68, which is presumed to be supported by competent, substantial evidence, it is reasonable to infer that it has been shown that Closing the Oaps is not a reliable local planning tool for establishing land cover on a small scale. The exception is denied. Exception 3. - Findings of Fact 79, 80, 82, 83, ..and 84 These challenged findings of fact relate to the interim NR.PA boundaries' protection of Florida panthers. Although the Department's authority to reject findings of fact is clearly limited 7 ~un 03 02 Ol:lSp DCR RGENCY CLERK 850 487 6?69 DCA FINAL ORDER NO. DCA00-GM-392 under Section 120.57(1)(/), Florida Statutes, to findings that are unsupported by competent, substantial evidence or findings that resulted from proceedings that did not comply with essential requirements of law, the exceptions raise other reasons to reject the findings. To the extent the exceptions raise concerns about the implications of the disputed findings of fact, rather than the sufficiency of their basis, _they must be denied. As the exceptions to findings of fact 79, 80, 82, and 83 are directed at the perceived implications of those findings, and do not allege a legally recognized basis for their rejection, those exceptions are denied. The exception to finding of fact 84 is construed as including an allegation of lack of competent, substantial evidence. In this finding of fact, the ALJ stated that the interim NRPA boundaries are at least fairly debatable based on the data available to the County and keeping in mind their transitional nature. The Petitioners allege that the County did not use the best available data and analysis in designating the NRPAs on the Future Land Use Map. According to the Petitioners, the best data Would show a need for additional Florida panther and red-cockaded woodpecker protection under the NRPA program. Rule 9J-5.005(2)(c), F.A.C., requires that the data used by a local government be the best available and existing at the time of adoption. That requirement must be read in pari materia with the requirement in Rule 9J-5.005(2)(a), F.A.C., that plan provisions be based on relevant and appropriate data. The rule defines being based on data as reacting to the data "in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption .... " Finding of fact 84 recognizes that the County must react appropriately to the data Jun 03 02 Ol:lSp DCR RGEMCY CLERK 850 48? 6?69 p. lO DCA FINAL ORDER NO. DCA00-GM-392 and to the extent necessary. The ALi' found that the interim NRPAs are based upon data available to the County, keeping in mind their transitional nature. He also noted that after the assessment period is completed, the Petitioners will have the opportunity to challenge the final work product. The ALJ correctly .appreciated the fact the interim NRPA boundaries are part of a multi- step process. Although it is not clear at this point in time what the assessment amendments will entail, the~'e is competent, substantial evidence that the interim NR.PA lines are adequate given their t~ansitory purpose according to the final order in Department of Community ,4ffairs v. Collier County, ER FALR 99:259 (Admin. Comm. 1999). As the ALJ noted in conclusion of law 103, "the paucity of reliable data was one reason that the Assessment was ordered." The exception is denied. As the findings of fact are upheld and are in no need of supplemental findings of fact, the request to remand to the ALJ also is denied. Exception 4.- Conclusions of Law 103,104, and 108 These conclusions of law concern the designation of the interim NRPAs. The Petitioners maintain that the data demonstrated that more land should have been included within those boundaries. These conclusions are supported, however, by findings of fact 55 through 84. None of those findings are overturned. The exceptions are denied. Exception 5. - Findings of Fact 45-48, 78, 79, 80, 82~ 83, and 84 The Petitioners take exception to findings of fact 45-48 because they recite the evidence, instead of making findings. There is no legal authority under Chapter 120 that allows the Department to reject findings of fact on that basis. Furthermore, it is clear that the AL.I accepted 9 Jun 03 02 Ol:lSp DCR RGENCY CLERK 850 48? 6?69 p.11 DCA FINAL ORDER NO. DCA00-GM-392 the evidence described therein. Accordingly, there is no need to remand the matter to the ALJ for findings on the merits of the evidence described in findings 45-48. The exception and the request to remand to DOAH are denied. The Petitioners also take exception to the use of the adjective "greatly" in finding of fact 45 to describe Mr. Beever:s. opinion on the habitat value impact in North Belle Meade. Upon review of the transcript it is clear that his testimony did not suggest that habitat value would be reduced by any degree. Accordingly, this portion of the finding is unsupported by competent, substantial evidence. The exception is granted and the word "greatly" is stricken from the last sentence in finding of fact 45. Findings of fact 78, 79, 80, 82, and 83 also were taken exception to by the Petitioners in Exceptions 3 and 4. As discussed above, those findings of fact are supported by competent, substantial evidence. As to the request to remand to DOAH for additional findings related to the red-cockaded woodpecker habitat in North Belle Meade, the boundaries for the interim NRPAs are upheld herein. Accordingly, there is no need to remand to DOAH for additional findings of fact regarding a NRPA designation for the North Belle Meade Area. Regarding the claim that there is no evidence that the Petitioners will have the opportunity to challenge the final work project, that portion of finding of fact 84 is supported by Joim Exhibit 2, the Final Order in Department of Community Affairs v. Collier County, ER FALR 99:259 (Admin. Comm. 1999). That order requires futtire plan amendments to implement the findings and results of the Assessment. Plan amendments are subject to challenge under 10 Jun 03 02 Ol:16p DCR RGENCY CLERK 850 48? 6?69 p.12 DCA FINAL ORDER NO. DCA00-GM-392 Section 163.3184(9) and (10), Florida Statutes. The exception and the request to remand are denied. Exception 7. - Finding of Fact 5,0. 0'qote: There is no Exception Number 6) The Petitioners take exception to the second sentence of this finding and ask that the entire finding be rejected. They also ask that thc matter be remanded to DOAH for additional findings regarding "the use of agricultural lands by panthers and wading birds, and as to the types of agricultural uses that degrade habitat values and which enhance habitat value." The Petitioners allege that Gary Beardsley and Mr. Beever were incorrectly attributed to the testimony recited in this finding. The sentence in dispute states: They also testified that there is no hard data as to the extent to which such species rely on agricultural areas, or as to the type of agricultural uses that enhance, rather than degrade, the habitat value of lands. The other parties acknowledge in their responses to the Petitioners' Exceptions that this testimony was not given by Mr. Beardsley and Mr. Beever. ECPO, the County, and Intervenor Brown (through joinder in the County's responses) allege that this finding is supported by other testimony, nevertheless, and that it should be upheld, presumably by removing the names of the witnesses. A ruling to uphold this finding based upon another witness' testimony would require the Department to weigh the evidence and revise a finding of fact, however. Chapter 120, Florida Statutes, does not grant agencies such authority. Agencies must resist the temptation to view the evidence as a whole and change findings of fact. See Heifetz v. Department of Business Regulation, 475 So. 2d 1277, 1281-82 (Fla. 1~t DCA 1985) The exception is granted and the 11 Jun 03 02 01:16p DCR RGEMCY CLERK 850 48? 6?68 p.13 DCA FINAL ORDER NO. DCA00-GM-392 second sentence in finding of fact 50 is stricken. The request to remand to DOAH is denied as them is no need for additional findings. Exception 8. - Conclusions of Law 98, 107, and 108. The Petitioners challenge a statement in conclusion of law 107, the rejection of which also will result in the rejection of conclusions of law 98 and 108. The sentence at issue is the ALJ's legal opinion that in Environmental Confederation of Southwest Florida, Inc. v. Department of Community Affairs, Final Order No. 97-266- ~OF-GM (Department of Community Affairs Final Order 1998), t~ffirmed per curium~ 727 So. 916 (Fla. 1tt DCA), the Department held Section 163.3164(6), Florida Statutes, excludes agriculture from the definition of"development," and thus exempts agriculture from the usual density and intensity. The Petitioners misleadingly claim that this conclusion of law states that the Environmental Confederation case "exempts plan amendments, including plan amendments which involve FLUM designations, 'from the usual density and intensity standards.'" (Petitioners' Exceptions, Paragraph 105) The ALJ did not interpret the case as broadly as the Petitioners represent in their exception and he properly identified its limited application in that conclusion. In Environmental Confederation, the Department concluded that the exemption of agricultural uses from the Section 163.3164(6), Florida Statutes, definition of "development" applies to impacts of development activities on natural resources, not to the requirement of depicting agricultural areas on the Future Land Use Map. Accordingly, them is no requirement that a local government adopt in the text of its plan an intensity standard for agricultural 12 Jun 03 02 Ol:16p DCR RGEMCY CLERK 850 48? 6?69 p.14 DCA FINAL ORDER NO. DCA00-GM-392 activities, as the Petitioners urge. Such a requirement would restrict agricultural activities, a result that is contrary to the legislative intent reflected in the agricultural use exemption. The exception is denied. Exception 9 - The ALJ's Order on Motion in Limin.e The Petitioners ask the Department to overturn the ALJ's preheating ruling on the County's Motion in Limine to limit the evidence. The order in question was entered in writing on June 29, 2000, following an oral ruling granting the County's motion. In that order, the ALJ found that the ameadmenL~ at issue were not subject to challenge to the extent they track the final order requiremen'~s in Department of Community Affairs v. Collier County, ER FALR 99:259 (Admin. Comm. 1999). In raising this exception, the Petitioners fail to cite any legal authority that would allow the Department to review an interlocutory order entered by an ALJ. Under Sections ! 20.68(1) and (2), Florida Statutes, judicial review ora "preliminary, procedural or intermediate order" entered by an ALJ is a function of the district courts of appeal. Also, to the extent this exception could be brought within the scope of the Recommended Order's conclusions of law, the Department has no legal authority to reject an ALJ's application of judicial principles. See Deep Lagoon Boat Club, Inc., Ltd., v. Sheridan, m Fla. L. Weeklym (Fla. 2d DCA 2001). Under Section 120.57(1)(/), Florida Statutes, an agency may reject a conclusion of law only with regard to matters over which it has substantive jurisdiction. Decisions on the legal effect of prior eases involve issues that fall outside the scope of the Department's authority as described and provided in Chapter 163, Part II, Florida Statutes. The exception and the request to remand are denied. 13 Jun 03 02 Ol:lSp DCA AGENCY CLERK 850 48? S?SS p.1S DCA FINAL ORDER NO. DCA00-GM-392 Exception 10.- Findings of fact 57, 73, 74, 76, and 77 The Petitioners take exception to the ALJ's recitation of witness testimony. The stated basis for the exception is that the ALJ does not state whether the substance of the testimony is accepted or rejected. In support of their position, the Petitioners claim that "Iai finding of fact must clearly state where the substance of the testimony was accepted or rejected." They offer no legal authority for that proposition, however. A review of Chapter 120, Florida Statutes, does not identify such an explicit duty upon ALJs or afford the Department a basis to reject findings that recite testimony. Even if the Department were required to ensure clear rulings as to the acceptance of testimony, there is no need to do so in this case. There is no confusion as to whether the ALJ accepted the testimony at issue in this exception. It is clear in these findings that the ALJ found the testimony persuasive. The exception is denied. Exception I - Finding of fact 30 ECPO's Exceptions In this exception, ECPO takes issue with the finding that the unadopted data and analysis for the 1989 plan included a support document Ibr the Conservation and Coastal Management Element that "set forth the standards for NRPAs." Although them was testimony as to a relationship between the unadopted support document and NRPAs, the record does not show that the support document includes standards for NRPAs. The support document only provides general guidelines for four subcategories of NRPAs. The general nature of the support document with respect to NRPAs was noted by Bill Lorenz, the Comity's natural resources director. 14 Jun 03 02 Ol:lTp DCA AGENCY CLERK 850 487 6769 p.16 DCA FINAL ORDER NO. DCA00-GM-392 The plain language of the NRPA section of the support document indicates that standards were intended to be supplied elsewhere. For example, the description of the Estuarine and Coastal Barrier Areas, one of the four NRPA categories, states that "[r]estricfions should be placed on the percent of upland clearing for development and wetlands and to allow necessary upland habitat for wildlife." (Petitioner's Exhibit 5, Section 10.3.1) It does not provide an actual standard for clearing. Gary Beardsley, an expert witness for the Petitioners who was involved with the development of the plan, implicitly acknowledged the support document's lack of standards. When asked if the NRPA criteria were included in the 1989 plan, he replied in the affmnative and added that it was the main keystone of the comprehensive and coastal element plan; along with watershed analysis; along with land development regulations; along with performance and development criteria that were to be allowed throughout the County. (Transcript, pages 333-334) He did not include the 1989 support document as a source of NRPA criteria. The exception is granted and the second sentence in finding 30 is stricken. Exceptions 2 - 6 In each of these exceptions ECPO states that the ALJ "erred in omitting" to make additional findings of fact. The Department has no legal authority to make supplement findings of fact, however. Upon review of the specific requests and the Recommended Order, there is no need for the Department to remand this matter to the ALJ for additional findings. The issues raised in the Prehearing Stipulationhave been adequately addressed. The exception is denied. 15 Jun 03 02 Ol:l?p DCR RGENCY CLERK 850 48? 6?69 DCA FINAL ORDER NO. DCA00-GM-392 ORDER. Upon review and consideration of the emire record of the proceeding, including the Recommended Order, the Exceptions to thc Recommended Order, and the Responses to the Exceptions, it is hereby ordered that: 1. The findings of fact and conclusions of law in the Recommended Order are adopted, except as rejected or modified in this Final Order; 2. The ALJ's recommendation for the issuance of a final order finding the County's plan amendments in compliance is accepted; and 3. The comprehensive plan amendments adopted by Collier County by Ordinance No. 99-82 are determined to be in compliance. S~v{n ~,. SeibertJ ~ecre~ary /BEP ). 'MENT COlvI ITY AFFAIRS 2555 Shumard Oak~lvd. Tallahassee, Florida NOTICE OF RIGHTS The parties are hereby notified of their right to seek judicial review of this Order of Remand pursuant to Section 120.68, Florida Statutes, and Florida Rules of Appellate Procedure 9.030(b)(1)(c) and 9.110. To initiate an appeal, a Notice of Appeal must be filed with the Department's Agency Clerk, 2555 Shumard Oak Boulevard, Tallahassee, Florida 16 Jup q3 02 Ol:l?p DC8 8GEMCY CLERK 8S0 48? 6?69 p.18 DCA FINAL ORDER NO. DCA00-GM-392 32399-2100, and with the appropriate District Court of Appeal within thirty (30) days of the filing of this Order of Remand with the Department's Agency Clerk. A Notice of Appeal filed with the District Court of Appeal should be accompanied by the filing fee specified in Section 35.22, Florida Statutes. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by of~j~ t ~/',-f, 2001. the method indicated to the following persons listed b~,lo.,w on this~__day RED, on this date, with the designated ~ncy...~rk, ~eipt of which is hereby ~ula P. Ford Agency CleTk Paula Ford, Agency Clerk DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 488-0410 By US Mail: Thomas W. Reese, Esq. 295 ] 61st Avenue South St. Petersburg, Florida 33712 Oeorge L. Varnadoe, Esq. C. Laurence Keesey, Esq. Young, Van Assenderp, Varnadoe & Anderson 801 Laurel Oak Drive Suite 300 Naples, Florida 34108 Ernest A. Cox, Esq. Patrick W. Maraist, Esq. Gunster, Yoakley, Valdes-Fauli 8~ Stewart 777 South Flagler Drive West Palm Beach, Florida 33401 Marjorie M. Student, Esq. Assistant County Attorney 3301 East Tamiami Trail Eighth Floor Naples, Florida 34112 Nancy Lirman, Esq. Martha Chumbler, Esq. Carlton, Fields, Ward, Emmanuel, Smith & Culter, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 17 ~un 0.30~ 01: 1Bp DCR RGEMCY CLERK 850 48? 6?69 p.19 Brace Anderson, Esq. Young, Van Assenderp, Var3. adoe & Anderson 801 Laurel Oak Drive Suite 300 Naples, Florida 34108 By Interagency Mail: Hon. Lawrence P. Stevenson Administrative Law Judge "rhe De Soto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 DCA FINAL ORDER NO. DCA00-GM-392 By Hand-delivery: Shaw Stiller, Esq. Assistant General Counsel Departmem of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 18 'Jc/n Ol:13p DCR RGEMCY CLERK 850 48? 6?69 p.2 DCA FINAL ORDER NO. DCA00-GM-392 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FLORIDA WILDI.IFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, Petitioners, COLLIER COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, DOAH Case No. 00-0540GM Respondents, and JAMES A. BROWN, JR., as Trustee of the East Naples Land Company; BARRON COI,LIER PARTNERSHIP; COLLIER ENTERPRISES, LTD.; CONSOLIDATED CITRUS LIMITED PARTNERSHIP; PACIFIC TOMATO GROWERS; ALICO, INC.; and JACK PRICE and RUSSELL PRIDDY, individually and jointly as Eastern Collier Property Owners, Intervenors. FINAL ORDER Procedural Background This matter involves a petition jointly filed by the Florida Wildlife Federation ("FWF") and the Collier County Audubon Society ("CCAS"), which challenged the "in compliance" finding of the Department of Community Affairs ("Department") regarding amendments to the Collier County Comprehensive Plan ("Plan") adopted on November 23, 1999, by Ordinance 99- 82 ("Amendments"). After the petition was filed, James A. Brown, Jr., as Trustee of the East Jun 03 02 Ol:14p DCR RGEMCY CLERK 8S0 487 DCA FINAL ORDER NO. DCA00-GM-392 The decision whether to apply collateral estoppel is driven by facts. In order for collateral estoppel to apply, there must be affirmative findings as to its elements. It has been held that the essential elements of collateral estoppel "are that the parties and issues be identical, and that the particular matter be fully litigated and determined in a contest which results in a final decision of a court of competent jurisdiction." Mobil Oil Corp. v. Shevin, 354 So. 2d 372, 374 (Fla. 1977). Nevertheless, collateral estoppel will not apply if it can be shown that there has been a substantial change of circumstances relating to the subject matter which would result in a contrary. determination. Holiday Inns, Inc., v. City of Jacksonville, 678 So. 2d 528 (Fla. 1s' DCA 1996). Thus, in order to fully consider whether the doctrine applies to the report, there must also be findings as to whether better data and analysis was compiled and available to Collier County subsequent to Closing the Gar~s and, if not, whether Closing the Gaps remained reliable over the years. · There are not adequate findings of fact in the Recommended Order that address the elements of collateral estoppel as applied to Closing the Gaps. This is due no doubt to the fact that the Petitioners failed to identify collateral estoppel with respect to Closing the Gaps as an issue in the Prehearing Statement. As there are not adequate findings of fact which address the elements of collateral estoppel to Closing the Gaps, the Department rejects the suggestion that the doctrine compels the acceptance of the reliability and suitability of that report. As to the allegation that the finding "Closing the Gaps is not a reliable tool for establishing land cover on the small scale required for local planning purposes" is not supported by competent, substantial evidence, the Department denies the exception. The record is replete Jun 03 02 01: 14p DCR RGENCY CLERK 850 487 6789 DCA FINAL ORDER NO. DCA00-GM-392 with testimony that Closing the Gaps is flawcd in identifying land cover. This testimony was noted in several findings of fact, including numbers 72, 73, 76, and 77. The ALJ did not conclude that those flaws rendered the report unreliable as a planning tool. He simply concluded that the report was not reliable for establishing land cover on a small scale, and therefore any conclusions regarding habitat and potential habitat based upon land cover assumptions were "suspect." In fact, all testimony, and the report itself, recognized the need to "ground troth" and update land cover findings. With respect to the report's value for depicting land cover, there was expert testimony from Mr. McWilliams that it is a "good general document" when used "on a large scale." · (Transcript, page 608) This testimony was noted in finding of fact 62. It also was the basis of · the statement in finding 68 that ... ECPO convincingly demonstrated that an effort to base local planning decisions on the large scale satellite hnagery utilized by Closing the Gaps is a misuse of that document. The Petitioners did not file an exception to finding 68 despite its similarity to the challenged sentence in finding 78 and the fact that sentence bcgan: "As noted above.~..." Based on Mr. McWilliams' testimony and finding of fact 68, which is presumed to be supported by competent, substantial evidence, it is reasonable to infer that it has been shown that Closing the Oaps. is not a reliable local planning tool for establishing land cover on a small scale. The exception is denied. Exception 3. - Findings of Fact 79, 80, 82, 83, ..and 84 These challenged findings of fact relate to the interim NRPA boundaries' protection of Florida panthers. Although the Department's authority to reject findings of fact is clearly limited 2002 WL 1049732 --- So.2d --- (Cite as: 2002 WL 1049732 (Fla. App. 1 Dist.)) Page 2 Only the Westlaw citation is currently available. NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. District Court of Appeal of Florida, First District. FLORIDA WILDLIFE FEDERATION and Collier County Audubon Society, Appellants, V. COLLIER COUNTY, Florida; State of Florida, Department of Community Affairs; James A. Brown, Jr., as Trustee of East Naples Land Company; Barron Collier Partnership; Collier Enterprises, Ltd.; Consolidated Citrus Limited Partnership; Pacific Tomato Growers; Alico, Inc.; and Jack Price and Russell Priddy, individually and jointly as Eastern Collier Property Owners, Appellees. No. 1D01-1299. May 28, 2002. An appeal from an order of the Department of Community Affairs. Thomas W. Reese, St. Petersburg, for Appellants. Martha Harrell Chumbler and Nancy G. Linnan of Carlton Fields, P.A., Tallahassee, and Marjorie M. Student, Assistant County Attorney, Naples, for Appellee Collier County; Jack J. Aiello, Ernest A. Cox and Patrick W. Maraist of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for Appellee Eastern Collier Property Owners; Carl L. Roth, General Counsel, Department of Community Affairs, Tallahassee, for Appellee Department of Community Affairs. ERVIN, J. *1 The Florida Wildlife Federation and the Collier County Audubon Society, appellants, appeal from a final order of the Department of Community Affairs, appellee, which approved a recommended order from the Division of Administrative Hearings finding amendments to the Collier County comprehensive plan to be in compliance with state law. We affirm. In 1997, appellee, Collier County, promulgated certain amendments to its comprehensive plan, but the Department of Community Affairs rejected those amendments as not in compliance with state law. Following an administrative challenge in which appellants intervened, the Governor and Cabinet, sitting as the Administration Commission, issued a final order directing the County to take specific remedial measures with regard to its plan, one of which was that the County designate certain specified areas within the county as Natural Resource Protection Areas (NRPAs). The principal purpose of this designation is to protect indigenous fauna and flora, especially the Florida panther, a highly endangered species. The final order provided further that the NRPAs "shall be refined as actual data and analysis is made available." The Commission finally directed that within the NRPAs "only agricultural and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed." Pursuant to the order, Collier County adopted certain interim amendments to its comprehensive plan, including amendments which designated as NRPAs those areas specifically identified in the Administration Commission's final order. TheDepartment reviewed the amendments and determined that they were in compliance with state law. Appellants subsequently challenged that determination, and the matter proceeded to a formal hearing before the Division of Administrative Hearings. In the recommended order which followed, the administrative law judge (ALJ) discussed in detail the mapping of the NRPAs. Appellants sought expansion of these areas, based upon telemetry data gathered regarding the movement of panthers and upon a 1994 report prepared by the Florida Fish and Wildlife Commission. In rejecting the argument that the NRPA boundaries were not sufficient to protect wildlife and were not based on a thorough assessment, the ALJ observed that "the 1999 Final Order [of the Administration Commission] contemplates that the Interim NRPAs are a necessary prelude to that very assessment." He added that appellants, in effect, had asked "the County to reach its conclusions as to the natural resource issues before'-it undertakes the Assessment mandated by the Final Order ... [and such a] request is impracticable." Appellants thereafter took exception to the ALJ's recommended conclusion that the agricultural usage of land was not subject to an intensity- of-use standard. The Department rejected this exception in its final order, which adopted the ALJ's findings of fact and conclusions of law. *2 On appeal, appellants argue, as they did before the Department, that the NRPAs, as designated in the interim amendments, do not comply with section 163.3177(6)(a), Florida Statutes (1999). [FN1] More particularly, appellants maintain that this statute, as well as case law and the Department's rule, require application of an "intensity" Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 2002 WL 1049732 --- So.2d --- (Cite as: 2002 WL 1049732 (Fla. App. 1 Dist.)) Page 3 standard as to agricultural uses contained within the NRPAs. Appellants also claim that the record evidence does not establish, "beyond fair debate," that the NRPA's boundaries do not require further expansion to protect the Florida panther, as the ALJ found and as the Department accepted in its final order. FN 1. No issue has been raised as to the standing of appellants to bring this appeal. Turning to the first issue, appellants rely primarily on the following emphasized language in section 163.3177(6), which provides, in pertinent part: (6) In addition to the requirements of subsections (1)-(5), the comprehensive plan shall include the following elements: (a) A fitture land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other categories of the public and private uses of land. The future land use plan shall include standards to be followed in the control and distribution of population densities and building and structure intensities. The proposed distribution, location, and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies, and measurable objectives. Each land use category shall be defined in terms of the types of uses included and specific standards for the density or intensity of use. (Emphasis added.) Appellants observe that the above statute explicitly requires a designation of the "extent of the uses of land for ... agricultural ... uses of land," and further that each land use, including agriculture, must be reviewed pursuant to "standards for the density or intensity of use." Because of this language, they contend the approved interim NRPA amendments are not in compliance with the statutory directives because there is no standard within them regulating the intensity of an agricultural use. Appellants also point out that the Department's own rule, Florida Administrative Code rule 9J-5.003(60), requires designation of an intensity standard, because this rule defines "intensity" as: [A]n objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services. (Emphasis added.) Appellants continue that the language in the rule clearly reflects that the use of the term "intensity" within the statute does not refer solely to buildings and structures, contrary to the Department's non-rule policy decision. Consequently, the Department's order violates not only the statute but its own rule in failing to apply an intensity-of-use standard to an agricultural land use category. *3 The Department of Community Affairs, Collier County and other appellees argue in response that the term "intensity" is applicable only to the presence of buildings and structures, as provided in subsection (a) of the statute. Moreover, because buildings and sn'uctures are incompatible with the agricultural use of land, there is no corresponding necessity for imposing an intensity standard on a land use designated agricultural within the NRPAs. In that the legislature delegated to the Department the power to enforce section 163.3177, we note that we are required to be highly deferential to the agency's interpretation of such statute. As the supreme court recently reaffirmed in Verizon Florida, Inc. v. Jacobs, 810 So.2d 906 (Fla.2002), an "agency's interpretation of the statute it is charged with enforcing is entitled to great deference." See also BellSouth Telecomms., Inc. v. Johnson, 708 So.2d 594, 596 (Fla. 1998). Moreover, a court will not depart from the contemporaneous construction of a statute by a state agency charged with its regulation unless the construction is "clearly erroneous." PW Ventures, Inc. v. Nichols. 533 So.2d 281., 283 (Fla. 1988). Accord Miles v. Fla. A & M Univ., 813 So.2d 242 (Fla. 1st DCA 2002). The interpretation the Department has given section 163.3177(6)(a) is not clearly erroneous. Although certain isolated portions of the statute support appellants' argument that all land use categories must be subjected to an intensity-of-use standard, an established statutory maxim emphasizes that all parts of a statute should be given effect in order to achieve a harmonious whole. See State v. Knight, 124 So. 461 (Fla. 1929). Not only do the provisions within section 163.3177(6)(a) undergird the Department's interpretation that an agricultural use of land is excluded from an intensity review, but other pertinent statutes do as well. Section 163.3177 is included within the Local Government Comprehensive Planning and Land Development Regulation Act. [FN2] A primary purpose of the Act is that it be carried out in conformity with and in furtherance of the Florida Environmental Land and Water Management Act of 1972, chapter 380, in order "to utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and control future development." § 163.3161(2), Fla. Stat. (1999) (emphasis Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 2002 WL 1049732 --- So.2d --- (Cite as: 2002 WL 1049732 (Fla. App. 1 Dist.)) Page 4 added). In implementing the legislative mandate, the Department, acting in its role as the state land planning agency, is required to review local governments' proposed plans for the purpose of determining whether they are in compliance with the Act. § 163.3184(8), Fla. Stat. (1999). FN2. §§ 163.3161-.3245, Fla. Stat. (1999). It is obvious, as the regulatory agency charged with enforcing the statutes, that the Department must conduct its review in accordance with the legislative mandate that a submitted plan comply with the Act's overarching concern that future development be subjected to objective standards of guidance and control. To that end, the appropriate land use elements of section 163.3177 are required to be set out in the local comprehensive plans. *4 The reference made to an agricultural use in the first sentence of section 163.3177(6)(a) and the requirement in the fourth sentence thereof that each land use category include "specific standards for the density or intensity of use" must be understood in conjunction with the language contained within the subsection's second sentence, providing that the plan "include standards to be followed in the control and distribution of population densities and building and structure intensities." The latter provision is entirely consistent with the stated legislative intent in creating the Act: to provide for orderly future development without endangering the state's natural resources. Although the pertinent language within 163.3177(6)(a), considered as a whole, furnishes adequate support for the Department's interpretation, other relevant provisions in the Act substantially strengthen our conclusion that not only is the Department's construction of the statute not clearly erroneous, but, in fact, it is entirely consistent with the broad objectives of the Act. While the specific use of "agriculture" is not defined in section 163.3164, the definitional portion of the Act, the more general term, "land use," is, which refers to developments that have either occurred or will be proposed, or to uses that are permissible or permitted under a comprehensive plan. § 163.3164(12), Fla. Stat. (1999). From our reading of the Act, we agree with the Department that each land use must be set out in the comprehensive plan in a statement considering what effect, if any, the use contemplates future development, and if it does, the extent of the intensity of such use on local resources. As the Department explained in its final order, the definition of "development" in section 163.3164(6) "applies to impacts of development activities on natural resources, not to the requirement of depicting agricultural areas on the Future Land Use Map." The above provision simply refers to the definition of development furnished in section 380.04, Florida Statutes, which in turn states in section 380.04(1), Florida Statutes (1999), that it "means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels." An agricultural use or operation is explicitly excluded from the definition of development. § 380.04(3)(e), Fla. Stat. (1999). Because the definition of development has the same meaning under both chapters 163 and 380, the intentional legislative omission of agriculture therefrom cannot be lightly disregarded. Its exclusion clearly supports the Department's interpretation that only a use which involves development requires the application of intensity standards. Section 380.04, included within the provisions of the Florida Environmental Land and Water Management Act of 1972, was enacted to implement the stated purpose of the Act, which, similar to the goal of the Local Government Comprehensive Planning and Land Development Regulation Act, was designed to protect the natural resources of the state by, among other things, adequately planning tbr and guiding growth and development in the state. § 380.021, Fla. Stat. (1999). This Act, which predated the Local Government Comprehensive Planning and Land Development Regulation Act by three years, was devised, as was the latter act, to provide for orderly developmental growth without endangering the state's finite natural resources. Under both acts, the Department, acting as the state land planning agency, is empowered to review a local government's developmental plans which may have an impact on the state's environment. Under chapter 380, part I, it has the responsibility of reviewing developments of regional impact, [FN3] and under chapter 163, part II, of reviewing comprehensive plans. [FN4] FN3. § 380.06, Fla. Stat. (1999). FN4. § 163.3184, Fla. Stat. (1999). *5 The primary purpose of the review under both acts is to ensure that developmental uses comply with statutory standards for the conservation of the state's environment. It is obvious to us that if-a land use can be excluded from review under chapter 380 because it does not meet the definition of a development, a use not involving development need not be reviewed for its intensity under chapter 163. For the above reasons, the interpretation the Department placed on section 163.3177(6)(a) is not clearly erroneous. The interim amendments provide, consistent with the final order, that only agricultural and directly related uses, and one single family dwelling unit per parcel or lot, are permitted in NRPAs. Thus, the comprehensive plan, as amended, does provide a standard regarding the "extent of the uses of land," as required by section 163.3177(6)(a), and appellants have failed to show that the Department was Copr.© West 2002 No Claim to Orig. U.S. Govt. Works 2002 WL 1049732 --- So.2d --- (Cite as: 2002 WL 1049732 (Fla. App. 1 Dist.)) Page 5 obliged to require an intensity standard in order to certify the interim amendments in compliance with law. We also reject appellants' argument that the Department's rule 9J-5.003(60) requires that an intensity standard be applied to all designated land uses, contrary to the agency's non-rule interpretation. The rule's broad language does not establish that the Department has erroneously interpreted section 163.3177. We assume that in adopting the rule, the Department did not deliberately expand the statutory powers delegated to it, but was instead cognizant of the provisions of section 380.04, removing agricultural activities from the definition of development. An agency's rule, of course, may not expand a statute. See Makar v. Investors Real Estate Mgr., Inc.. 553 So.2d 298 (Fla. 1st DCA 1989). As for the second issue raised on appeal, that the evidence does not support the finding that the approved NRPA boundaries were sufficient to protect the Florida panther, we also affirm. Appellants claim that such finding was erroneous because there was evidence that such wildlife frequented areas not included within the NRPAs' boundaries. Even if we were to accept this argument as established by the evidence, appellants have failed to demonstrate how such a fact makes the boundaries of the NRPAs erroneous. As the ALJ noted, the boundaries approved are only intended to be temporary, subject to additional adjustment as further studies indicate may be necessary. LEWIS, 1., concurs. VAN NORTWICK, J., concurs and dissents with Opinion. VAN NORTWICK, J., concurring in part and dissenting in part. I concur with the majority opinion in affirming the administrative law judge's findings that it is fairly debatable that the NRPAs' boundaries, as established by the interim amendments to Collier County's comprehensive plan, were reasonable. I conclude, however, that the interim plan amendment fails to comply with the provisions of section 163.3177(6)(a), Florida Statutes (1999), which require that the plan define the agriculture land use category, among other things, by "specific standards for the density or intensity of use." Thus, I respectfully dissent to the affirmance as to this issue. *6 In the final order under review, the Department concluded that local government comprehensive plans are not required to adopt an intensity standard for agricultural uses, explaining as follows: ... the exemption of agricultural uses from the Section 163.3164(6), Florida Statutes, definition of "development" applies to impacts of development activities on natural resources, not to the requirement of depicting agricultural areas on the Future Land Use Map. Accordingly, there is no requirement that a local government adopt in the text of its plan an intensity standard for agricultural activities .... Such a requirement would restrict agricultural activities, a result that is contrary to the legislative intent reflected in the agricultural use exemption. In the first sentence of section 163.3177(6)(a), the legislature has provided that the comprehensive land use plan set forth the "proposed future distribution, location, and extent of uses of land ." This sentence then lists numerous possible designated land use categories, including agricultural. The fourth sentence of the same subsection (6)(a) further provides that "[e]ach land use category shall be defined in terms of the types of uses included and specific standards for the density or intensity of use." Thus, from these provisions, it seems clear that in subsection 163.3177(6)(a) the legislature is requiring that the comprehensive plan address the intensity of land use regardless of the category of use. Agricultural use is not exempt from this requirement. It is certainly correct, as stated by the Department in its order, that section 163.3164(6) exempts agricultural use from the definition of "development." [FN5] This exclusion, however, is not dispositive of the issue before us. The terms "development" and "land use" are not synonymous under the Growth Policy Act. FN5. Section 163.3164(6) adopts the definition of development set forth in section 380.04. Section 380.04(3)(e) excludes from the definition of "development" "the use of any land for the purpose of growing ... agricultural or forestry products ... or for other agricultural purposes." In the Growth Policy Act, section 163.3164(12) defines "land use" to include both development and other land uses. [FN6] Thus, the exclusion of agricultural use from the definition of "development" does not govern whether agricultural use is included in the concept of "land use." Nothing in the Act suggests that agricultural use is excluded from the concept of "land use;" and I can read the plain and unambiguous language of section 163.3177(6)(a) only to include agricultural use within the coverage of this section. FN6. Section 163.3164(12), Florida Statutes (2000), defines "land use" to mean: "the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or Copr. © West 2002 No Claim to Orig. U.S. Govt. Works ~002 WL 1049732 --- So.2d --- (Cite as: 2002 WL 1049732 (Fla,App. 1 Dist.)) Page 6 element or portion thereof...." (emphasis added). The majority opinion reasons that the second sentence of subsection (6)(a) of section 163.3177 limits the application of "intensity" to buildings and structures, and to no other land use. Respectfully, I cannot agree. The sentence in question states, as follows: The future land use plan shall include standards to be followed in the control and distribution of population densities and building and structure intensities. (Emphasis added). By reading this sentence to limit the concept of "intensity" under section 163.3177(6)(a) to building and structure intensities, however, the more general intensity requirements of the fourth sentence of subsection (6)(a) are rendered superfluous. It is a basic rule of statutory construction that "all parts of a statute must be read together in order to achieve a consistent whole. Where possible, courts must give effect to all statutory provisions and construe related statutory provisions in harmony with one another." Young v. Progressive Southeastern bzs. Co., 753 So.2d 80, 84 (Fla.2000)(quoting Forsythe v. Longboat Kev Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla. 1992)). *7 In subsection (6)(a), it is apparent to me that the second sentence is addressing requirements in the comprehensive plan applicable to only certain types of land use intensities, that is, those land uses which involve buildings and structures; and is not intended to limit the meaning of the term "intensity" as it applies to other land uses governed by subsection (6)(a). Subsection (6)(a) concerns a wide range of land uses, some of which uses involve buildings and structures (e.g. residential, commercial and industrial uses) and some of which uses do not (e.g. agriculture, recreation and conservation uses). While the second sentence of this subsection provides that the land use plan must include standards for the control and distribution of buildings and structure intensities, the fourth sentence makes it equally clear that the plan must define each land use category (whether or not it involves buildings and structures) "in terms of ... specific standards for density or intensity of use." Interpreted in this manner, these provisions in subsection (6)(a) are perfectly consistent. This broader definition of "intensity" is also consistent with the definition of that term in the Department's rules. Rule 9J-5.003(60), Florida Ad~ninistrative Code, defines "intensity" as "an objective measurement of the extent to which land may be developed or used, including the consumption or use of space above, on or below ground; and the measurement of the use of or demand upon natural resources; and the measurement of the use of or demand on facilities and services." (Emphasis added). By defining "intensity" to include "the use of or demand upon natural resources," in Rule 9J-5.003(60), the Department makes clear that it interprets the concept of "intensity" as used in section 163.3177(6)(a) not to be limited to population densities and buildings and structure intensity. As the majority opinion correctly states, "an agency's interpretation of the statute it is charged with enforcing is entitled to great deference." Verizon Florida, Inc. v. Jacobs, 27 Fla. L. Weekly S137 (Fla. February 13, 2002). But to which Department interpretation do we defer? Here, in the order on review the Department has interpreted the meaning of "intensity" in section 163.3177(6)(a) in a manner that conflicts with the Department's own definition of that term in its rules. As we have explained, "[u]ntil amended or abrogated, an agency must honor its rules." Decarion v. Marrinez, 537 So.2d 1083, 1084 (Fla. 1st DCA 1989). An agency action which conflicts with the agency's own rules is erroneous. See Vantage Healthcare Corp. v. Agency for Health Care Admin., 687 So.2d 306, 308 (Fla. 1st DCA 1997); see also Vitarelli v. Seaton, 359 U.S. 535, 545 (1959); Note, Violations of Agencies of Their Own Regtdations, 89 Harv. L.Rev. 629 (1974). Under section 120.68(7)(e)2, Florida Statutes (2001), if the agency exercised its discretion in a manner inconsistent with that agency's rules, we are mandated to remand a case to the agency for further proceedings. *8 Because I conclude that the Department's order before us approves a comprehensive plan that fails to comply with section 163.3177(6)(a), I would reverse. Accordingly, I respectfully dissent in part. END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works Rural Fringe GMPAs - June 18, 2002 BCC Adoption Hearing Speakers t No. Title First Name Last Name Affiliation/Representation Notes 1 Mr. ? Vega Hispanic 2 Mr. ~John Vega rep. Dr. & Ms. Hussey 3 Mr. ~_rmando Mesa 4 Mr. [ohn Cowan 5 vlr. Don Pickworth rep. John Cowan & others 6 Ms. Cindy Kemp Property Rights Action Committee 7 Ms. Lynda Hittinger 8 Mr. ? Hittinger 9 Mr. Ty Agoston 10 Mr. Gary Davis The Conservancy of SW Florida 11 Ms. Carol Montalto Property Rights Action Conunittee 12! Ms. Suzette DeArmes 13 Mr. ? ? !Hispanic 14 Ms. ? ? Hispanic 15 Ms. Millie Haylock 16 Ms. Donna Scarpa 17 Mr. John Jack Price 18 Mr. Tim Hancock rep. owners 1-2 mi. E. of CR-951 19 Ms. ? DiPalma 20 Mr. Carl McKinney 21 ,Mr. Don Lester a Director of 15000 Coalition 22 Mr. Bob Diffenderfer rep. 15000 Coalition 23 Ms. Pat Humphries Golden Gate Estates Area Civic Assn. 24 Mr. Andy McGowan 25 Mr. Ray Pelletier 26 Mr. Brad Cornell Collier County Audubon Society 27 Mr. Richard Yovanovich rep. Wally Lewis; and Mike Taylor 28 Mr. Tim Hancock rep. Lisa (Noble?) 29 Mr. Larry Basik 30 Ms. Mary Staminatos 31 Mr. Bill Clark 32: Mr. Tim Hancock rep. 6Ls Farms 33 Ms. Kay Klayburgh 34 Mr. ? 35 Mr. John Woodward 36 Mr. Vince Cautero rep. client off of CR-846 37 Mr. ? 38 Mr. Ron Nino rep. Mirasol PUD 39 Mr. Ken Cuyler rep. 2 landowners in 13-49-27 40 Mr. Bruce Anderson rep. East Naples Land Co.; US Home Corp.; and, SR846 Land Trust 41 ~Ms. ~ Dimitri 42 Mr. Robert Duane rep. Naples Reserve PUD 43 Ms. Nancy Payton Florida Wildlife Federation 44 Mr. ? [Mogelvain NOTES 1. Speakers listed in order of appearance at hearing. 2. Spelling is phonetic where unknown. 3. Affiliation/Representation is as stated on record. 4. Notes are to assist in identifying individuals where name unknown, or to distinguish speakers of same last name. prepared hy David Weeks, AICP, Chief Planner, Collier County Comprehensive Planning Section. Speakers at 6-18-02 BCC hearing G, Comp, David, Rural Fringe GMPAs dw/11-21-02 . l~anKlng coulO aaa Norm If ell Meade to state's list of conservation projects Page 1 of 5 JSite sections... ~ ~.cg.~.[.[~g.e..I c!as.s..f..e.~ I.Gq~h.~.l~.lS!a.p..~s Ranking could add North Bell Meade to state's list of conservation projects Tuesday, July 4, 2000 By ERIC STAATS, staff Writer A chunk of Collier County that has figured prominently in the debate over growth and the environment has earned a preliminary spot as a high Florida priority for public preservation. The ranking boosts the chances that the area known as North Belle Meade, almost 9,000 acres north' of Interstate 75 and surrounded on three sides by Golden Gate Estates, could be added this month to the state's list of Conservation and Recreational Lands (CARL) projects. "We've got the science behind us," said Mimi Wolok, an attorney at The Conservancy of Southwest Florida, which has spearheaded the effort to add the area to the CARL list. Propose~ not.em The ranking is almost sure to heat up a decade-old debate about conservation efforts in North Belle Meade. Large landowners in the area contend that human activity has diminished its ecological value. D[tta used to justify its purchase is outdated, they say. The list of high priorities for 2000 includes two projects in Hendry County that would preserve habitat for the Florida panther and help ensure water flows to the Okaloacoochee Slough and Big Cypress Platinum l_P._[a, lt~e Vote for your favorite restaurant! Marco Island Restaurant Guide G~hopNaples Websitc, E-mail links and today's NDN print ads Visit our newest Buy Online Stores Margaret Thompson Watercolors ArtArtifact.com Find more _O_.n I i__n_ _e_S_ .t.o_ _r e_~s in GoShopNaples Renard Enterprises http://www..naplesnews.com/00/07/marco/d478247a.htm 7/5/00 · ~antc~ng couia acta l'qortl~ t:lell Meade to state's list of conservation projects Page 2 of 5 National Preserve in eastern Collier County. All three projects, if they survive a vote of the state's Acquisition and Restoration Council set for July 18 in Tallahassee, eventually would need a nod from the Cabinet. A public hearing on the 2000 CARL proposals is set for July 17 in Tallahassee. In North Belle Meade, though, purchase negotiations m with willing sellers only -- would not have to wait for further Cabinet approval because the project is an addition to an existing CARL project, said Callie DeHaven, an operation and management consultant for the Division of State Lands, which oversees the CARL list. The proposed CARL project addition includes 393 landowners and 745 parcels with an estimated taxable value of $21.1 million, according to figures compiled by the Conservancy. The North Belle Meade project includes an area that Collier County commissioners designated a special study area in response to a slow- growth order from Gov. Jeb Bush and the Cabinet in 1999. Environmental groups filed an administrative challenge against the county, seeking to designate the area as a Natural Resource Protection Area. Environmental advocates contend North Belle Meade deserves protection because of its value as endangered species habitat and as a place for water to flow naturally into Rookery Bay National Estuarine Research Reserve. I aplest~e~!r~ 1 ~:~nd Garden Developers also have their eyes on North Belle Meade. East Naples Land Co. owns some 3,000 acres in the proposed CARL project addition. Another group of investors approached Collier County planners more than a year ago about a proposed 16,000-acre new town in North Belle Meade with 29,000 homes, a hotel, hospital, shopping centers, industrial park and airport. County planners have heard nothing since then from that group, planner David Weeks said last week. East Naples Land Co. attorney Bruce Anderson has argued that development of Golden Gate Estates and 1-75 has cut off natural wildlife paths through the area. "It's more like a wildlife cage than a wildlife corridor," Anderson argued in front of an administrative law judge in June. Naples' moo elegant home furnishing resale, shop http://www.naplesnews.com/00/07/marco/d478247a.htm 7/5/00 .l<anl~mg could add North Bell Meade to state's list of conservation projects Page 3 of 5 Canals have altered the natural flow of water, and most of East Naples Land Co. land has been cleared for cattle grazing, according to the company's experts. The Florida Natural Areas Inventory paints a different picture. FNAI was established in 1981 as a cooperative effort of the Florida Department of Environmental Protection and The Nature Conservancy, a Virginia-based nonprofit land-buying organization, to collect data to use in land acquisition programs. FNAI's ranking report cites the proposed CARL project addition as "an exceptional example of the natural landscape of Southwest Florida" that is "known to support" the Florida panther, red-cockaded woodpecker, mangrove fox squirrel and gopher tortoises. ldlife experts hired by East Naples Land Co. spent 12'~ays spread ] r September and December 1998 and January 1999 surveying someJ ts land in the proposed CARL project and found none of those [ cles. ~ They did find five species of wading birds that are on the threatened or endangered species list and the Florida black bear, a threatened species. No FNAI staff members visited North Belle Meade in person before making the project a high priority for public purchase, said chief scientist Dan Hipes. FNAI used satellite images and aerial photographs that pre-date 1995 to determine the extent of wetlands in North Belle Meade and used data submitted by researchers over the years to determine whether rare plants or animals use the land. Hipes defended the FNAI rank as a preliminary impression that deserves attention of the committee of citizens and state agency representatives set to vote July 18 on adding North Belle Meade to the CARL project. e hope they'll give it a lot of credence because it's the best -'~ rmation available out there at this point," Hipes said. ~ A standard follow-up site visit Would come before a final decision on adding a new project, but the North Belle Meade's status as an addition to an existing project means it could get added to the list without a site visit. ~ North Belle Meade had a spot on the CARL list as a new project in 1992 as part of a larger project that included 27,200 acres south of Interstate 75 and west of Southern Golden Gate Estates. TO THE INTER;IqEt Res. taurant Gu,de Send an electronic postcard to somebody you know. Coupons_ : '~ Save at local area businesses. Advertise... ...on the [nternet! Find out our rates and details. Subscribe: Get the print edition of the Daily News delivered to your door. http://www.naplesnews.com/00/07/marco/d478247a.htm 7/5/00 - ~<an~mg could add North Bell Meade to state's list of conservation projects Page 4 of 5 Landowners' objections prompted North Belle Meade to be removed from the CARL list in 1994. Since then, state land buyers have spent $37 million to buy 17,800 acres in southern Belle Meade. It has since become part of the Picayune Strand State Forest. North Belle Mbade landowners feared the CARL designation would devalue their land and prevent them from using it as they desired. The Conservancy's support of removing North Belle Meade from the list has given ammunition to opponents of the designation. Wolok said the Conservancy supported dropping the area for "political reasons" to keep the entire project from being dropped from the state's land acquisition list. The decision had nothing to do with the land's ecological importance, Wolok said. "It's clear now that this land is too important to let conflicts get in the way," she said. Wolok said private property rights ought to be respected but that it's time state land buyers confronted such conflicts between environmental advocates and landowners. "They shouldn't shy away from it," she said. E-mail this story, to a friend. Format this story for print;lng. Fax this story for free. Search our archive for related stories; ......................... advanced search Navigation: GO to today's Marco section fron_j; Go to our 7-day Marco archive ]Go to another section... Also in this week's Marco section: Fourth: Islanders celebrate nation's birth with beachside festbdtj~_s. Have you been counted? 2000 census nearing completion Insurance giant Humana to drop more than 13,000 Medicare HMO policies in SW ... Islander fL~hin~l: Hot really does mean hot this summer Islander profile: Island couple known for their careers Islander: Best bets for entertainment _Is_l_ander: Calend~r of events Islander: Do you have a problem with third and fourth seat opening bids? http://www.naplesnews.conffOO/O7/marco/d478247a.htm 7/5/00 be used, and then you can go north of golden gate blvd and tell them they need a roma site too-when does it stop--also some one told me that Mr Ramsey owns 65 acres I heard in the TDR sending area and he wants to clear it all out in the summer-just great ha-the elected officals can do what ever they want--this is a capitalistic country heading toward socialism which is the last step before communism. Castro would be proud of you all-- Sincerly Edmund W. Antonowicz From: Lucy. Blair@dep.state.fl.us (Blair, Lucy) To: EDDIESMONY@aol.com Thanks for the followup Sometimes when several people are speaking, it is confusing and we forget who said what. Although I did not say "we picked the area for a ROMA because it did not have that many houses in the area", I believe that someone else may have. I didn't select the area, and I don't know how many homes are in the area. The proposed ROMA area was selected by the Conservation District. Elevations are fairly good wetland indicators when you are looking for marine wetlands within tidally influenced areas. The areas in Golden Gate are freshwater wetlands that receive waters from ground water sources or surface waters. Elevation does not indicate the presence of wetlands in those areas. The extent of wetlands must be established by on site evaluation of the soils and vegetation. As I recall, Mike Ramsey from Collier Soil and Water Conservation District stated that they do not have eminent domain powers and would never do that. Commissioner Colletta further requested that they specifically include a statement to that effect in the proposed ROMA agreement, and Mike agreed to do that. The DEP would not operate the proposed ROMA. We are in a position to give approval or deny approval for the establishment of the ROMA. If we approve the ROMA, it means that we will accept a monetary donation to the ROMA as mitigation for single family impacts within the approved service area. The money donated would be required to finance the wetland enhancement promised in the ROMA agreement. If we do not approve the ROMA, it means that an applicant cannot make a donation to accomplish mitigation and must look elsewhere for suitable mitigation. The DEP will have no other interest in the ROMA or the properties. The Collier Soil and Water Conservation District would be the entity that AFFIDAVIT This affidavit will serve to confirm that I, David Weeks, of the County Planner's Office in Collier County, have taken possession of exhibits from Naples Court Reporting, inc., 2770 S. Horseshoe Drive, Suite 5, Naples, Florida 34104 on June 24, 2002. I have been given permission to do so by the Board of County Commissioners in Collier County. I have been directed to return these exhibits by Friday, June 28th, 2002 and will comply with that request. David Weeks F CLOSING THE GAPS IN LORIDA~S WILDLIFE HABITAT CONSERVATION SYSTEM Recommendations to meet minimum conservation goals for declining wildlife species and rare plant and animal communities. James Cox, Randy Kautz, Maureen MacLaughlin, and Terry Gilbert Office of Environmental Services Florida Game and Fresh Water Fish Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 1994 CLOSING THE GAPS IN FLORIDA'S WILDLIFE HABITAT CONSERVATION SYSTEM EXECUTIVE SUMMARY This report describes habitat areas in Florida that should be conserved if key components or' the state's biological diversity are to be maintained. The project employed a com- puterized Geographic Information System to manipulate geo- araphic data sets and create distribution maps for selected ~pecies of wildlife, threatened species of plants, and rare plant communities. The geographic data sets used in the pro- ject included a statewide land-cover map derived from kandsat satellite imagery; over 25,000 geographically refer- enced points documenting known occurrences of rare ani- mals, plants, and communities; digitized maps of public and private lands devoted to some extent to conservation; a digi- tized general soils map; a digitized map of the statewide road network; a digitized map of selected private lands; and a digitized map of county boundaries. Drawing from techniques recently developed in the fields of wildlife management and conservation biology, the Geographic Information System was used to assess the degree of security provided to rare species by the current sys- tem of conservation lands and to identify important habitat areas not currently protected. The lands recommended in the report for additional protection are referred to as Strategic Habitat Conservation Areas and are displayed in Figure 1. Strategic Habitat Conservation Areas depict lands needed to meet minimum conservation goals for the following: * 30 species of wildlife inadequately protected by the current system of conservation lands, * high quality sandhill sites, * high quality scrub sites, * high quality pine rocklands sites, * high quality examples of tropical hardwood hammocks, * bat maternity caves and winter roost caves, * wetlands important to the breeding success of eight species of wading birds, and * lands important to the long-term survival of 105 globally rare species of plants. The Strategic Habitat Conservation Areas encompass 4.82 million acres, or approximately 13% of the land area of Florida. These lands are essential to providing some of state's rarest animals, plants, and natural communities with the land base necessary to sustain populations into the future. The existing system of conservation lands in Florida covers 6.95 million acres, or 20% of the land area of the state. Thus, if all of the Strategic Habitat Conservation Areas were pro- tected, approximately 11.7 million acres, or about 33% of the land area of Florida, would fall into some type of conservation land use. It seems unlikely that all lands within the identified Strategic Habitat Conservation Areas will ever come under State ownership, even if all landowners were willing to sell. Since 1974, the State has spent an average of $l, 182 per acre to purchase land for recreation, conservation, and historical preservation. At this rate, $5.7 billion would be needed to purchase all 4.82 million acres within the Strategic Habitat Conservation Areas, much more than the $3.2 billion autho- rized under Preservation 2000. Fortunately, many of the lands within the Strategic Habitat Conservation Areas are in low intensity land uses, such as silviculture and rangeland, that are compatible with the habitat conservation needs of many species. In fact, the management of wildlife habitat on many private lands has been excellent, and conservation measures should focus on maintaining existing land uses on private lands through positive incentives such as tax breaks, conservation easements, or cooperative agreements with landowners. These techniques have the potential to provide adequate protection without the need for fee-simple acquisition by the State. During the course of this project, a large database of known locations of many animals, plants, and natural com- munities was assembled. A separate set of maps, referred to as Regional Biodiversity Hot Spots maps, was created to display as much of this information as possible within each of the l I Regional Planning Council regions of Florida. The Regional Biodiversity Hot Spots maps display the following information: * areas where large numbers of 52 selected species co-occur, * areas supporting rare plant and wildlife communities, * over 25,000 known locations of rare plants, animals, and natural communities, * county boundaries and conservation land boundaries, and * coastal areas that support key components of biological diversity. Each regional map is accompanied with a description of the biological resources occurring in key areas within each region. The purpose of the Regional Biodiversity Ho Spots maps is to convey more detailed information on the known locations of as many components of biological diversity as possible, regardless of whether or not they fall within proposed Strategic Habitat Conservation Areas, to help meet the need for conservation information at regiona and local levels. The maps appearing in this report are intended to provide guidance to decision makers involved in public lan acquisition, land use planning, development regulation, am other land conservation efforts. The maps represent our be estimate of those Florida lands that require some form of conservation to ensure that biodiversity is maintained for future generations. However, these maps represent only a snapshot of Florida's conservation needs at one time. For example, the vegetation map used to create species distribu- tion maps was based on satellite imagery dated 1985-1989; the species occurrence information is current through 1991- 1993, depending on the species; and the database of public land boundaries extends only through 1992. As a conse- quence, some areas identified for protection may already be in public ownership or may no longer support the habitat features or species predicted to occur there, and the maps should not be incorporated into law or rule as inviolate zones in which no development may occur. Rather, the maps should be used as a layer of information when decisions are made concerning land acquisition, land-use planning, and development regulation. New data are continually being added to the project data- base as new parcels of land come into public ownership, new records of the locations of rare species become available, and more up-to-date vegetation maps are created. As a result, the latest versions of the project maps actually reside in the com- puter. Before using the maps in this report for detailed man- agement decisions, users should contact the Office of CLOSING THE GAPS IN FLORIDA'S WILDLIFE HABITAT CONSERVATION SYSTEM 9 these components of biological diversity are also shown as Strategic Habitat Conservation Areas in Figure 1. SECTION 2.5. REGIONAL MAPS OF HOT SPOTS OF BIODIVERSITY The data sets incorporated into the GIS used in this pro- ject provide valuable information on the distribution of natur- al resources throughout Florida. Such information would be of significant value to local land-use planning and in efforts to expand upon the minimum conservation requirements out- lined here. However, since many private and public entities lack the computer equipment needed to process and store geographic data sets in a meaningful manner, we created regional maps showing three important features stored in the GIS. First, the individual habitat maps created for 44 focal species and rare natural communities were added together to highlight areas within each region where potential habitat conditions for many species occurred. Second, records processed by the Florida Natural Areas Inventory, the Florida Game and Fresh Water Fish Commission, and other sources were displayed to provide information on the location of other natural resources in each region. Third, boundaries of public lands were displayed to show the relationship between natural resources in each region and the distribution of exist- ing public ownerships. Although these regional maps may appear to be complex, they portray much of the information stored in the GIS in a manageable fashion. SECTION 2.6. USES OF PROJECT MAPS Project maps are intended to help guide land acquisition, land conservation, land-use planning, and regulatory programs , at many levels. The maps represent our best estimate of those Florida lands that require some form of conservation to ensure that biodiversity is maintained for future generations. The reader should be aware that the maps represent only a snapshot of Florida' s conservation needs at one point in time. The data on which the maps are based are already out- dated, and they will become increasingly out of date as time goes by. For example, the satellite imagery used for vegeta- tion mapping and habitat modeling was collected between 1985 and 1989. Undoubtedly, some natural areas we identi- fied as needing protection have been destroyed during the time it has taken to collect and analyze the data and publish the results. The temporal nature of the maps has two effects. First, because some areas identified as needing protection may no longer support the habitat features or species expected to occur there, these maps should not be incorporated into law or role as inviolate zones in which no development may occur. Rather, the maps should be used as a layer of information in the making of decisions concerning land acquisition, land-use planning, and development regulation, Second, as time goes by, new parcels of land come into public ownership, new data become available on the locations of rare species, and the character of the Florida landscape changes. As a result, pro- ject maps are continually being updated with new information, and the latest version of the maps actually resides in the com- puter at the Office of Environmental Services. Therefore, before using the maps in this report for detailed management decisions, users should contact the Office of Environmental Services at the address below for the latest information on lands currently recommended for protection. SECTION 2.7. AVAILABILITY OF PROJECT MAPS In addition to the maps presented in this report, project results are available as hard copy maps at a variety of scales and in digital formats for use in computer mapping packages. For more information on the availability of data sets, contact the Office of Environmental Services, Florida Game and Fresh Water Fish Commission, 620 S. Meridian St., Tallahassee, FL, 32399-1600. t:~5o") ~%% - Page 1 of 2 Land Stewardship West Coast Land Management Region Map ' I TTEI I E HENDRY ffle://C:~DOCUME- 1 \ssteelekLOCALS-1 \Temp\triDDECI-htm 6/18/200: DSA DEVELOPMENT MAP AND SITE IN THE CLERKS MINUTES FLUCFCS PLAN ON OFFICE AND RECORDS FILE DSA DEVELOPMENT GROUNDWATER MONITORING INSTALLATIONS MAP (S) ON FILE IN THE CLERKS OFFICE MINUTES AND RECORDS