EAC Agenda 02/07/2007 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
February 7, 2007
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F")-Third Floor
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of January 11, 2007 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Site Development Plan No. PUDZ 2006-AR-9206
"Triangle Parcel
Section 15 and 16, Township 48 South, Range 25 East
B. CPSP-2005-14, Petition requesting an amendment to the Future Land Use Map (FLUM)
of the Growth Management Plan,to re-designate Rural Fringe Mixed Use District
Sending Lands to either Neutral Lands or Receiving Lands,for 92 properties located
within various Sections, Townships 48 through 51, Ranges 26 &27, consisting of 3,646
acres total.
[Coordinator: David Weeks, AICP, Planning Manager] - this item will be mailed out separately
VII. Old Business
VIII. New Business
IX Subcommittee Reports
X. Council Member Comments
Xl. Public Comments
XII. Adjournment
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Council Members: Please notify Summer Araque, Environmental Services Senior Environmental
Specialist no later than 5:00 p.m. on February 2, 2007 if you cannot attend this meeting or if you
have a conflict and will abstain from voting on a petition (530-6290).
General Public: 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 proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
January 11, 2007
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, January 11, 2007
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 a.m. in REGULAR SESSION in
Building "F" of the Government Complex, Naples, Florida, with the
following members present:
CHAIRMAN: William Hughes
Terrence Dolan
James Harcourt
William Hill (excused)
Lee Horn
Judith Hushon (excused)
Roger Jacobson (absent)
Nick Penniman
Michael Sorrell
ALSO PRESENT: Stan Chrzanowski, Planning Review
Marjorie Student-Stirling, Assistant County Attorney
Barbara Burgeson, Sr. Environmental Specialist
Bill Lorenz, Environmental Services Director
Summer Araque, Sr. Environmental Specialist
1
January 11, 2007
Call to Order
The meeting was called to order by Chairman William Hughes at 9:06 a.m.
II. Roll Call
A quorum was established.
III. Approval of Agenda
Mr. Penniman moved to approve the agenda. Second by Mr. Horn. Carries
unanimously 6-0.
IV. Approval of December 6, 2006 Meeting minutes
Mr. Penniman moved to approve the December 6,2006 minutes. Second by
Mr. Dolan. Carries unanimously 6-0.
V. Upcoming Environmental Advisory Council Absences
Mr. Penniman reported that he will need to leave the February 7th meeting at
11:00 a.m.
VI. Land Use Petitions
A. Planned Unit Development No. PUDZ 2006-AR-9577
"Della Rosa RPUD"
Section 13, Township 48 South Range 25 East
- Presenters were sworn in by the Assistant County Attorney
Tim Hancock,Davidson Engineering,reviewed the location of the property.
He showed an aerial picture of the site location demonstrating the wetlands;
noting that the preserve is set up for connection to the abutting sites.
Kit Kraft, Borlin Environmental noted that three native communities of
vegetation have been located on the site. There are more exotics on the
property than first thought.
Tim Hancock added that they do not intend to place residential buildings to
the south east side of the site.
Mr. Dolan suggested not fencing through the cypress areas.
The project engineer David Walker addressed the water flow.
2
A
January 11, 2007
The Committee suggested having the water flow weep slower; adding two
weirs, one to the east and one to the west.
Sidewalk interconnections were addressed.
Summer Arague mentioned that fencing will be placed on the development
side of the project.
Stan Chrzanowski demonstrated the water flow through the surrounding
area.
Tim Hancock reported that there will be plantings between the lake and
preserve.
There was no public comment.
Summer Arague noted that the staff recommendation was for approval with
the stipulations within the staff report.
Mr. Dolan moved to approve Planned Unit Development No. PUDZ 2006-
AR-9577, "Della Rosa RPUD", Section 13,Township 48 South Range 25
East as recommended by County Staff. Second by Mr. Penniman.
Motion carries unanimously 6-0.
B. Rezone No. RZ-2005-AR-7445
"Copeland Area Rezone"
Section 12 and 13,Township 52 South, Range 29 East
- Presenters were sworn in by the Assistant County Attorney
Wayne Arnold reviewed the site and suggested changes.
Discussion ensued on the history of zoning in the area.
Marco Espinar reviewed the telemetry reports supplied by the County for
Black Bears and Panthers.
Mike Deruntz noted that it is the desire of the property owners to make the
zoning change to allow for mobile home replacements along with the stronger
zoning restrictions.
Stephen Lenberger reported that staff did not find any contamination issues.
Mr. Penniman objected to the lack of and clarity of telemetry information on
endangered species.
3
January 11, 2007
There was no public comment.
Stephen Lenberger noted that the staff recommended approval.
Mr. Sorrell moved to approve Rezone No. RZ-2005-AR-7445; "Copeland
Area Rezone", Section 12 and 13, Township 52 South, Range 29 East with
staff recommendations and improved telemetry graphics. Without a
second the motion was not considered.
Open discussion ensued on what should be included within the motion.
Mr. Sorrell moved to approve Rezone No. RZ-2005-AR-7445; "Copeland
Area Rezone", Section 12 and 13, Township 52 South, Range 29 East with
staff recommendations. Second by Mr. Horn. Motion carries 4-2 with
Mr. Harcourt and Mr. Penniman opposed.
Staff will update the Committee on the future proceeding on the rezone.
The meeting recessed at 10:21 a.m., reconvening at 10:34 a.m.
C. Residential Planned Unit Development
"Faith Landing RPUD"
Section 32, Township 46 South, Range 29 East
- Presenters were sworn in by the Assistant County Attorney
Dwight Nadeau, Habitat for Humanity demonstrated the site location on
overhead maps. All of the units will be for low income housing. The
majority of the wet lands will be preserved with 60%open space. He
requested that environmental condition#1, compensation for Panther Habitat
be stricken from the staff recommendation.
Jamie Anderson, RWA noted that the apartments abutting the property have
a lake that discharges water into the preserve.
Stan Chrzanowski demonstrated the water flow.
Mr. Penniman suggested having panther education for residences.
Susan Mason noted that the Environmental Stipulation#1 for Panther
compensation has more than likely changed; therefore staff recommends
approval with the stipulation removed.
There was no public comment.
4
January 11, 2007
Mr. Penniman moved to recommend approve of Residential Planned Unit
Development, "Faith Landing RPUD", Section 32, Township 46 South,
Range 29 East with staff recommendations with the exception of#1 under
environmental. Second by Mr. Harcourt. Motion carries unanimously 6-
0.
VII. Old Business
Summer Araque noted that the East Collier County Wildlife Movement Study
will be sent out to the Committee.
VIII. New Business
A. Discussion of EAR-based GMP amendments for the Transportation
Element
Nick Casalanguida read the 2006 Florida Statute Title 26, Chapter 337. He
noted that roadway expansion will be laid out ahead of time to allow for future
development planning. Another policy allows for one to one like mitigation
of lands.
Transportation alternatives including non-motorized were discussed.
Mr. Hughes moved to support the efforts of the Transportation Planning
Department with some caveats pertinent to alternative transportation
zones; looped designed so that public transportation makes sense in the
future. Second by Mr. Horn. Motion carries unanimously 6-0.
B. Presentation about Section 24 by Bill Lorenz
Bill Lorenz reported that there has been a vote by the Planning Commission
of 5-3 to leave section 24 designated as it is. The Board of County
Commissioners will hear the EAR amendments January 25th. The Planning
Commission's recommendation will be presented along with the staff
recommendation.
C. "Terafina" PUD Extension,PUDEX 2006-SR-9610 at the request of the
EAC
Bill Lorenz reported that this PUD is in house for review.
Carolina Valera reviewed the sunsetting process.
Christine Wilky reported that both the District and CORE permit have been
submitted.
5
•
January 11, 2007
Public Speakers-
Rich Yovanovich addressed the Committees questions.
D. Four-year review of the EAC by the BCC
Summer Araque reported that the review will be submitted January 15tH
Mr. Penniman suggested adding "water quality"to the list on page#2.
Discussion ensued on water regulations permitted by the County.
IX. Subcommittee Reports
None
X. Council Member Comments
Mr. Dolan announced that today is his last full day with WCI after eighteen
years. He will be staying in the area.
XI. Public Comments
None
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 11:30 a.m.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman William Hughes
6
Item V.A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF FEBRUARY 7,2007
I. NAME OF PETITIONER/PROJECT:
Petition No.: SDP-2006-AR-9206
Petition Name: TRIANGLE PARCEL
Applicant/Developer: BENDERSON DEVELOPMENT CO.,
INC
Engineering Consultant: AGNOLI, BARBER& BRUNDAGE
Environmental Consultant: PASSARELLA AND ASSOCIATES
II. LOCATION:
The subject property, consisting of 21.01 acres, is located on the northeast
corner of Old U.S. 41 (C.R. 887) and U.S. 41, in Section 15 and 16, Township 48
South, Range 25 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING DESCRIPTION
N - (C-4) General Commercial District/ Undeveloped/
(PUD) Planned Unit Development Developed-Multifamily
S - (C-4) General Commercial District Old U.S. 41 and then
developed commercial
E - (MH) Mobile Home Old U.S. 41 and then
developed residential
W - (PUD) Planned Unit Development U.S. 41 and then
developed residential
IV. PROJECT DESCRIPTION:
The petitioner is Benderson Development Co.,Inc., represented by James A.
Carr, P.E. of Agnoli , Barber & Brundage, Inc. and they are requesting a Site
Development Plan to be known as the Triangle Parcel, proposing one large
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Page 2 of 8
building (± 134,000 sq.ft.) consisting of three furniture stores, and a smaller
building (± 13,000 sq.ft.) consisting of a pharmacy with associated parking, lake,
dry detention area and open space. The site is zoned C-4 with a special condition
added in 1992 (Ordinance 92-43) that the site plan was to be approved by the
Board of Commissioners. This process was known as a Unified Development
Plan (UDP) and was approved by the BCC on December 13, 2005. The subject
property, consisting of 21.01 acres, is located on the northeast corner of Old
U.S. 41 (C.R. 887) and U.S. 41, in Section 15 and 16, Township 48 South,
Range 25 East, Collier County, Florida.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject site is zoned C-4 and designated Urban(Urban Mixed-Use District,
Urban Residential Subdistrict) on the Future Land Use Map of the Growth
Management Plan. Through implementation of the zoning re-evaluation program
in the early 1990s,this property was granted a compatibility exception and was
subsequently rezoned from C-4 to C-4 with conditions (Ord.No. 92-43). As such,
it is deemed consistent with the Future Land Use Element via FLUE Policy 5.10
and is identified on the "consistent by policy" maps, part of the Future Land Use
Map series. The property may be developed in accordance with the C-4 zoning
district except as restricted by Ord. No. 92-43.
CONCLUSION: The subject SDP may be deemed consistent with the Future
Land Use Element of the GMP.
Conservation & Coastal Management Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states, "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards."
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, 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
(discharge)to the estuarine system."
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
interconnected dry detention area(s), lake(s) and a wetland(s) to provide water
quality retention and peak flow attenuation during storm events.
EAC Meeting
Page 3 of 8
The Project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of
the Conservation and Coastal Management Element, for the following reasons:
• In accordance with Policy 6.1.1, twenty-five percent (25 percent) of the
existing native vegetation will be retained on-site and set aside as preserve
areas with conservation easements prohibiting further development.
Selection of preservation areas is consistent with the criteria listed in
Policy 6.1.1. The preserve areas will be placed under conservation
easements granted to Collier County without responsibility for
maintenance.
• Consistent with Policy 6.1.1, a preserve maintenance plan has been
provided as part of the SDP/Construction Plan. Preserve areas shall be
required to be maintained free of Category I invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council.
• As required by Policy 6.1.4, prohibited exotic vegetation will be removed
from the entire development during construction and will be maintained
exotic-free in perpetuity.
• In accordance with Policy 6.1.8, the requirement for an EIS has been
satisfied.
• In accordance with Policy 6.2.6, required preservation areas are identified
on the site plan. Allowable uses within the preserve areas are included in
the preserve agreement that is part of the construction plans. Uses within
preserve areas shall not include any activity detrimental to drainage, flood
control, water conservation, erosion control, or fish and wildlife
conservation and preservation.
In accordance with Policy 7.1.2, a listed species survey was conducted on the
property and gopher tortoise burrows were identified on the subject property. An
updated listed species survey was conducted on August 4, 2006.
In accordance with Policy 11.1.2, correspondence was received from the Florida
Department of the State Division of Historical Resources (DHR) regarding a
previously recorded archaeological site within the project area (Exhibit 0 of EIS).
The applicant will comply with the Special Condition as required by the State for
a known archaeological site. No other archaeological or historical sites are
known to exist within the subject property.
EAC Meeting
Page 4 of 8
VI. MAJOR ISSUES:
Stormwater Management:
Section 8.06.03 0.2. of the Collier County Land Development Code states "The
surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD), are exempt
from review by the EAC." The 21.01 acre "Triangle Parcel" received SFWMD
ERP (Construction and Operation) #11-02353 on 9 Nov 2005.
As per Collier County Ordinance 2001-27, the maximum allowable discharge for
the site is limited to 0.13 cfs per acre because it is within the Wiggins Bay Outlet
Basin.
The "Triangle Parcel" project sits near the southeast corner side of the "Wiggins
Bay Outlet Basin". Miscellaneous residential and commercial projects sit north of
the Triangle Parcel at the north end of the Wiggins Bay Outlet basin. The flow in
the basin goes toward the south and west into a canal that flows west and then
south through Tarpon Cove, and then south under Wiggins Pass Road and
eventually into the Cocohatchee River and Wiggins Bay System to the south. The
path of the flow is obvious on the attached topography.
The internal runoff collection / treatment system consists of the usual
interconnected retention and detention areas (swales and lakes) discharging
toward the northeast corner of the site through a control structure and then a pipe
to a spreader swale along the west edge of the preserve. The preserve is located
along the east side of the site and is apparent on the topography. The preserve
overflows into the "Old 41" roadside swale which flows south and then west
under"New US 41"into the DOT canal through Tarpon Cove as described above.
Environmental:
Site Description:
The project site is 21.02± acres, 19.46± acres of which are considered native
vegetation habitat. Those habitats not included as native vegetation
habitats are a monoculture of melaleuca. There are 8.59± acres of wetlands
located on the subject property. The project development will result in impacts to
4.34±acres of South Florida Water Management District (SFWMD)jurisdictional
wetlands.
Wetlands:
Approximately 8.59± acres of SFWMD jurisdictional wetlands have been
identified on the property (Exhibit C of EIS). The SFWMD wetland lines were
EAC Meeting
Page 5 of 8
approved by the SFWMD during an April 10, 2002 site visit. These wetlands are
composed of six FLUCFCS types: Melaleuca, Hydric (FLUCFCS Code 4241);
Cabbage Palm, Hydric, Disturbed (FLUCFCS Code 4289); Wax-Myrtle/Brazilian
Pepper, Hydric (FLUCFCS Code 4291/4221); Pine/Cypress, Disturbed
(FLUCFCS Code 6249); Hydric Pine, Disturbed (FLUCFCS Code 6259); and
Hydric Pine/Brazilian Pepper (FLUCFCS Code 6259/4221).
The project development will result in impacts to 4.34± acres of SFWMD
jurisdictional wetlands (Table 5) (Exhibit K of EIS). The proposed mitigation to
offset wetland impacts has been approved by the issuance of SFWMD Permit No.
11-02363-P. Because the SFWMD application was submitted prior to
implementation of the UMAM, SFWMD mitigation ratios were used to determine
requirements for mitigation. Mitigation includes the enhancement and
preservation of 4.21± acres of wetlands and 1.08± acres of uplands. In addition,
2.00 credits will be purchased from the BCMB.
Preservation Requirements:
The property lies within the Urban designation of the Collier County Future Land
Use Map. According to the vegetation preservation and retention standards for
residential and mixed-use development for an area of greater than 20.0± acres, a
minimum of 25 percent of the native vegetation areas located on the subject
property will be retained. The property has a total of 19.46± acres of native
vegetation habitat and therefore, a minimum of 4.86 acres is required to be
preserved.
The proposed project design has incorporated 4.21± acres of wetlands and 1.11±
acres of uplands for a total of 5.32 acres of preserve. Given that 1.17 acres of the
5.32 acres is Melaleuca, a minimum of.71 acres of Melaleuca areas will be
recreated to meet the minimum 4.86 acre preserve requirement. The Created
preserve section 3.05.07.H.1.e of the LDC sets forth criteria to allow created
preserves and this site meets the criteria. The LDC also states that in the case
created preserves are approved, "created preserves may be used to recreate not
more than one acre of the required preserves if the property has less than twenty
acres of existing native vegetation."
Listed Species:
During the August 4, 2006 listed species survey, a total of five gopher tortoise
burrows were found on the project site (three active and two inactive) (Exhibit L
of EIS). The applicant is proposing to obtain a permit from the Florida Fish and
Wildlife Conservation Commission (FFWCC) to relocate the Gopher Tortoises to
an off-site location. Gopher tortoise densities within the off-site preserves will
not exceed five gopher tortoises per acre.
EAC Meeting
Page 6 of 8
VII. RECOMMENDATIONS:
Staff recommends approval of Triangle Parcel SDP-AR-9206 with the following
stipulations:
Stormwater Management:
ement:�
1. The SFWMD permit must be modified,updated, or otherwise obtained prior
to any construction commencing.
Environmental:
1. The SFWMD permit must be modified, updated, or otherwise obtained before
the Site Development Plan (SDP) can be issued. In addition, all required US
Army Corps of Engineer approvals/permits shall be obtained prior to issuance
of the SDP.
2. A permit shall be obtained from FFWCC and all Gopher Tortoise shall be
excavated and relocated offsite to an approved recipient site before any
clearing shall commence.
EAC Meeting
Page 7 of 8
PREPARED BY:
A'111/
STAN CHRZANO KI, P.E. DATE
ENGINEERING ' IEW MANAGER
ENGINEERING SERVICES DEPARTMENT
,
MER A " QggL{Cite-A-C
D TE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
/e,a&R) 4i x .g , •07
C RISTINE WILLOUGHBY / / DA
PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting
Page 8 of 8
REVIEWED BY:
/-19-07
BARBARA S. BURGESO DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
141;/ 0 1 /9 -07
A LIAM D. L! ' N Jr., P.E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
/000;4.\ I iq /03-
DATE
ASSIS T COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
i/if °7
4 O.EPH K. SC MITT DAT
•MMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES
ADMINISTRATOR
Item VI.B.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF February 7, 2007
I. NAME OF PETITIONER/PROJECT:
Petition No.: CPSP-2005-14
Petition Name: RFMUD Sending Lands Re-designation
Requests (Comprehensive Plan
Amendment initiated by the Collier County
Comprehensive Planning Department)
[Transmittal hearing]
Applicant: Multiple—the owners of 96 properties
(please see attached spreadsheet
identifying property owners and agents)
II. LOCATION:
This petition consists of 96 properties comprising±3,641 acres. They are located in
the following Sections-Townships-Ranges and general areas:
Section Twp Rng Area
34 47 27 2 miles N-NW of Fairgrounds
3 48 27 1.75 miles N-NW of Fairgrounds
11 48 26 2 miles N of CR951/Immokalee Rd. intersection
25 49 26 2 miles E of CR951 in North Belle Meade
29, 32 49 27 N of I-75 in North Belle Meade
13, 14, 22, 27 49 27 N of I-75 in North Belle Meade NRPA
15, 21 51 27 N-NW of US41/CR92 intersection
III. BACKGROUND and PROJECT DESCRIPTION:
On June 19, 2002, the Board of County Commissioners (BCC) adopted
amendments to the Collier County Growth Management Plan (GMP) a/k/a
comprehensive plan to establish the Rural Fringe Mixed Use District (RFMUD)
and related Transfer of Development Rights (TDR) program for ±73,000 acres
designated on the countywide Future Land Use Map as Agricultural/Rural and
generally located between the Golden Gate Estates subdivision and the coastal
urban area. The RFMUD consists of Sending Lands, Receiving Lands, and Neutral
Lands. Sending Lands are so designated because, at the landscape scale (not site-
- specific parcel by parcel scale), they contain lands of higher environmental value—
wetlands, listed species habitat, etc. Accordingly, allowable land uses are greatly
restricted and native vegetative retention standards are stringent (80%). The desire
EAC Meeting 2/7/07
is for these lands not to be developed and instead transfer (send) the residential
development rights from these Sending Lands to Receiving Lands, lands possessing
lesser environmental value and where development is directed and encouraged.
Each of the 96 subject parcels is designated RFMUD Sending Lands, though five
are partially Receiving Lands as well, and some are also within a Natural Resource
Protection Area (NRPA) Overlay and/or the North Belle Meade (NBM) Overlay;
and, each is zoned A, Rural Agricultural, and is within the Rural Fringe Mixed Use
zoning overlay and some are in the NRPA and/or NBM zoning overlays.
During the public hearings in 2002, many owners of proposed (and now-
designated) Sending Lands asserted their property had been previously cleared or
otherwise did not warrant the Sending Lands designation. Recognizing this
possibility — it was made well-known that the designations were based upon
landscape scale analysis, but also that allowing Receiving or Neutral Lands
designations to be surrounded by Sending Lands designations (Swiss cheese
concept — holes of Receiving or Neutral Lands within Sending Lands) was not
acceptable, the BCC included a GMP provision giving a one year window in which
owners of Sending Lands property that share a boundary with either Receiving
Lands or Neutral Lands could submit data and analysis in an effort to demonstrate
that, as of the date of adoption of the RFMUD (June 19, 2002), the Sending Lands
designation was not warranted. Also, staff would re-evaluate the data used in 2002
(panther telemetry data, red-cockaded woodpecker nesting and foraging habitat
data, land cover classification data, etc.) to determine the boundaries of Sending
Lands. Please see the GMP provision below.
Future Land Use Element (FLUE), RFMUD Sending Lands
"11. Adjustment to the Sending 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 proposed to Sending Land boundaries:
a) The property is contiguous to Neutral or Receiving Lands;
b) Site specific environmental data submitted by the property owner, or other
data obtained by the County, indicates that the subject property does not
contain characteristics warranting a Sending designation;
c) An adjustment to the Sending land boundary requires an amendment to
the Future Land Use Map."
During the allotted one year period, twelve submittals were received comprised of
98 parcels (but only 96 are under consideration as two are already designated
Neutral Lands). The total acreage of these 96 parcels is +3,641 though that
2
EAC Meeting 2/7/07
includes roughly 1,245 acres of Receiving Lands as five parcels have split
Sending/Receiving Lands designations, leaving about 2,400 acres of actual Sending
Lands. Per BCC direction in October 2005, contiguous parcels under the same
ownership are to be viewed as a single property for purposes of determining if the
property is contiguous to Receiving or Neutral Lands. However, in viewing the
submitted data and analysis for purpose of determining the appropriateness of
Sending Lands designation, each tax parcel is viewed separately.
Given that the burden is on the property owner to demonstrate the Sending Lands
designation is not warranted, staff's approach is to look for conclusive evidence.
Most of the submittals simply verify the existence of native vegetation on the
subject parcels.
The attached spreadsheet identifies each tax parcel, its location, staff's
recommendation and rationale, and other information. As noted on the spreadsheet,
and on the two maps identifying the 96 parcels, staff is recommending only 20
parcels be re-designated from Sending Lands to Neutral or Receiving Lands. These
20 parcels are highlighted on the spreadsheet, and outlined in red on the maps.
A neighborhood information meeting for this petition was held on January 17,
2007. A summary of the meeting is attached.
One issue unrelated to the submitted data and its evaluation pertains to
authorization of property owners for their property to be submitted and evaluated in
this process. Some agents have submitted a notarized letter of authorization to
demonstrate they have the legal authority to represent the owners of the subject
parcels for which they have submitted data and are requesting a re-designation;
however, some have not— and may not have been previously advised by staff of the
need to do so. (The owners of one property listed under the agent Don
Lester/15,000 Coalition recently met with staff and advised they never granted
authorization to that agent or any other to represent them in this process.) Only a
property owner or their authorized agent may petition the County to request a GMP
amendment. Therefore, staff will advise all agents and property owners for which a
notarized letter of authorization has not been provided, of the need to do so; failure
to provide such a letter will likely result in the affected properties being withdrawn
from this GMP amendment requesting re-designation.
Finally, a GMP amendment such as this would ordinarily be evaluated for impacts
upon infrastructure, effect upon the TDR program, compatibility considerations,
etc. However, amendment is being reviewed only under the specific criteria
established in the FLUE and stated above, as it is a special provision authorized by
the BCC in the 2002 Rural Fringe GMP amendments (which were subsequently
found to be in compliance with state statutes by the Florida Department of
Community Affairs).
3
EAC Meeting 2/7/07
IV. GROWTH MANAGEMENT PLAN CONSISTENCY:
This is a proposed amendment to the Future Land Use Element as specifically
allowed by the FLUE. For those properties that are re-designated, they will be
subject to all GMP requirements and limitations of the new Future Land Use Map
designation, including the native vegetation retention requirements of the
Conservation & Coastal Management Element.
V. RECOMMENDATIONS:
Please see the attached, previously referenced, spreadsheet for staff
recommendations.
PREPARED BY:
/.____/"..:0 ---- 1- 3/-,°7
avid Weeks, AICP, Comprehensive Planning Manager Date
Comprehensive Planning Department
REVIEWED BY:
fikk_ , )-(ciN__ i - 1 1 - 0-)
Mac Hatcher, Environmental Specialist Date
Environmental Services Department
ham D. Loren , Jr., .E., Director Date
Environmental Services Department
•
APPROVED BY:
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•.h K. Schmitt, Administrator
6a Date
munity Development &Environmental Services Division
EAC Staff Report CPSP-05-14 Sending Lands Re-designation
G:Comprehensive/Comp.Planning GMP DATA/Comp.Plan Amendments/2005 Petitions/CPSP-2005-14,Sending Lands Re-designation
Dw/1.31.07
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Neighborhood Information Meeting (NIM) Summary
CPSP-2005-14,Sending Lands Re-designation
Golden Gate Community Center
1/17/07 @ 5:30 p.m.
Collier County Comprehensive Planning Department staff member David Weeks
provided background of the Rural Fringe Mixed Use District (RFMUD) and its
establishment in the Growth Management Plan (GMP) in 2002; generally explained
allowable uses in Sending Lands, Receiving Lands and Neutral Lands; explained the
GMP included a provision for owners of Sending Lands along the Sending/Receiving or
Sending/Neutral boundary to submit environmental data in an effort to demonstrate that
their property does not warrant the Sending designation and that the designation should
be changed to the abutting designation (either Receiving or Neutral); noted that owners of
92 properties, comprising 3,646 acres, took advantage of this opportunity and submitted
data; advised that, based upon staff's preliminary review of the data, only about 10
properties would be recommended for change, but noted the Board of County
Commissioners (BCC) would make the final determination; and, advised that the County
regulations require notification of owners within 1,000' of any of these properties for
which the re-designation request was made so that they might be aware of requested land
use change that could potentially impact their property. Also, that the owners initiated
these requests but that the County was taking the requested amendments forward thru the
hearing process at no cost to the owners.
David referred to the table at the back of the room which contained his business cards for
future contact; a sign-up sheet as sometimes people want there to be an official record to
show they attended; and, a handout containing excerpts from the GMP (RFMUD of the
Future Land Use Element) —this opportunity to request re-designation, and portions of
the Sending/Receiving/Neutral Lands designations. David invited the audience to contact
him with any follow-up questions and/or to check the Department's website for
additional information about this petition, e.g. hearing dates, Staff Report.
Several questions were asked about Sending/Receiving/Neutral designations, such as
what the allowable uses are [David explained]; if nearby owners would be notified of
future development for those properties successful in this re-designation request [depends
—yes if a public hearing process is involved, e.g. conditional use, no if not, e.g. building
permit]; about the GMP amendment process, including whether they could file a request
for re-designation [David explained; yes, anyone has a right to submit an application but
at their own expense]; whether the County owned any of this property [no] or initiated
this request on behalf of any owner [no].
Various comments were made pertaining to the history of the RFMUD, the process to
establish it, the Rural Fringe Advisory(citizen) Committee appointed by the BCC,
opinions about the RFMUD and the (inappropriate) designation of some properties as
Sending Lands, various procedural matters of state law (e.g. dispute resolution process,
visioning process).
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In response to a question, David advised the first set of hearing dates as: Environmental
Advisory Council—first Wednesday in February [7th]; Collier County Planning
Commission (CCPC) —March 5, with carryover dates to be decided at the CCPC's
1/18/07 hearing; BCC—June 4 with carryover date to 5th
There being no further questions, the meeting was adjourned shortly before 7:00 p.m.
Several persons spoke with David afterwards.
Public Attendance: +55.
County Staff: 4
Staff:
David Weeks,AICP,Planning Manager,Comprehensive Planning Department
Michele Mosca,AICP,Principal Planner,Comprehensive Planning Department
Beth Yang,Principal Planner,Comprehensive Planning Department
Lisa Koehler,Public Information Coordinator,Community Development&Environmental Services
Division Administration
NIM summary
G:Comp/Comp.Planning GMP DATA/Comp.Plan Amendments/2005 Petitions/CPSP-2005-14,Sending Lands Re-designation
dw/1-17-07
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