EAC Agenda 05/05/2004 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
May 5, 2004
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") —Third Floor
I. Roll Call
II. Approval of Agenda
III. Approval of April 7, 2004 Meeting Minutes
IV. Land Use Petitions
V. Old Business
VI. New Business
A. GMP glitch amendment cycle presentation
B. EarthMark-own Mitigation Banks presentation
C. Panther Island Mitigation Bank presentation
VII. Council Member Comments
VIII. Public Comments
IX. Adjournment
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Council Members: Please notify the Environmental Services Department Administrative
Assistant no later than 5:00 p.m. on April 30, 2004 if you cannot attend this meeting or
if you have a conflict and will abstain from voting on a petition (403-2424).
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.
April 7, 2004
,.� TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, April 7, 2004
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 AM in REGULAR SESSION in
Building "F of the Government Complex, East Naples, Florida, with the
following members present:
Chairman: Thomas Sansbury
Alexandra Ellis
Ed Carlson
Alfred Gal
William Hughes
Ken Humiston
Erica Lynne
Also present:
Steven Lenberger, Environmental Specialist
Marjorie Student, Assistant County Attorney
Barbara Burgeson, Environmental Specialist
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April 7, 2004
Meeting was called to order by Chairman Thomas N. Sansbury at 9:00 AM.
I. ROLL CALL
Roll Call was taken and a quorum was established.
II. APPROVAL OF AGENDA
Barbara Burgesen requested a deletion of item VI-C: GMP glitch cycle presentation. The
presentation was not prepared and ready.
III. APPROVAL OF MARCH 3, 2004 MEETING MINUTES
It was moved by Mr. Hughes to approve the minutes of the meeting of March 3,2004. Second
by Mr. Carlson. Carried unanimously 7-0.
IV. LAND USE PETITIONS
A. PLANNED UNIT DEVELOPMENT NO.PUDZ-2003-AR-4674
"COLLIER REGIONAL MEDICAL CENTER PUD"
SECTION 23, TOWNSHIP 50 SOUTH,RANGE 26 EAST
Disclosures: None
Those testifying were sworn in by Marjorie Student.
Bruce Anderson introduced himself and the consulting team members of the team that will
be testifying today: Margaret Perry; Ken Pasarella; and David Wilkenson.
We are in agreement with all of the environmental staff stipulations listed in the staff report.
This is an application to rezone property that is presently zoned agricultural and travel
trailer/recreational vehicle to PUD 60 acre parcel to east side of the intersection of Collier
Boulevard and Lely Cultural Boulevard. This application is to open a new 100 bed hospital
and medical office building. By way of explanation, the land development code a hospital is
recognized as an essential service. Ten of the sixty acres are in the activity center and the
remainder is in urban fringe.
Margaret Perry gives a brief overview of the PUD Master Plan. Site is approximately 60
acres located on east side Collier Blvd approximately 3 miles north of US 41. Lands to the
north and east are agricultural & vacant. Lands to the south are TTRVC - contain Country
Camp and Resort, agricultural and vacant with some single family homes. Across Collier
Blvd there are various PUDS: Sierra Meadows (mixed), Edison Village (Commercial), and
Lely Resort.
The main entrance will be at the signalized intersection of Lely Cultural Pkwy & Collier
Blvd. A secondary entrance is planned but the exact location is not yet finalized.
There have been minor changes to the master plan since the PUD was submitted. The first is
the conservation water management area has been re-designated preservation per staff
recommendations. Also, three Collier County well sites have been added per the request of
the Collier County Utilities Division. A required Type A buffer to northern property line has
2
April 7, 2004
been increased per request of the planning staff to a Type B 20 foot wide buffer until you
come to the FPL easement then east of the FPL easement there will be a Type D buffer.
We are in agreement with all staff stipulations and they will be included in PUD
documentation.
Ken Pasarella delivered the Environmental Issues Overview starting with a detailed
description of the site. Indicated features and boundaries of the site on the map provided
(stepped away from microphone during this time.) The site is relatively flat. Vegetation
includes uplands and wetlands. There are 42 acres of wetlands, disturbed cypress and
disturbed pine cypress. The 951 canal lowered the wetland water elevation. These
conditions lead to infestation by exotics such as Melaleuca, Brazilian Pepper and other
nuisance species. 88% of the wetlands have greater than 50% of exotics.
The site plan establishes one single large preserve area approximately 15.5 acres. The
concept is not to fragment the preserve so it can act as a building block for adjacent projects
as they come in. The New Town project may complement the preserve.
The native vegetation requirement is 6.6 acres and we have 15.5 acres. This will be
enhanced by the removal of exotic and nuisance vegetation and continued management.
Ed Carlson: Considering this is right in the Rookery Bay Watershed, why does the storm
water management plan have all the water discharging point source into the canal and not
into the preserve for more treatment?
Dave Wilkensen offers a brief presentation on the surface water management system and an
answer to Mr. Carlson's question.
The existing site drains into two different areas. West into the 951 canal and south to
preserve area also further south to a swell along Johns Road then ultimately west to the 951
canal again. The site is bisected by an FPL easement. The system was designed to mimic
the existing drainage conditions as closely as possible. (Mr. Wilkensen steps away from
microphone to indicate areas on map.)
The system has been designed according to South Florida Water Management criteria
providing the water quality treatment according to the rules. The post development site does
not discharge any more pollutants than the pre-development site. Lastly, a 100 year flood
plan analysis was performed. The site does not negatively impact the 100 year flood plan.
William Hughes: Is all that parking necessary?
Mr. Wilkensen: Yes
Mr. Hughes: Can any of that be turf grass to recharge the aquifer; does it all have to be
pavement?
Mr. Wilkensen: One of the issues associated with that is that the county typically requires a
stabilized sub-grade under the parking itself. There really isn't the recharge you would
expect with turf grass.
Mr. Hughes: Is there a difference in elevation?
Mr. Wilkensen: Probably about a half of a foot.
Mr. Hughes: The canal discharge being lower?
Mr. Wilkensen: Actually the eastern side is slightly lower.
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April 7, 2004
Mr. Hughes: That pipe that connects those two is kind of an equalizer?
Mr. Wilkensen: It is an equalizer.
Mr. Hughes: Physically what is that?
Mr. Wilkensen: The structure itself is a round orifice. The water disburses through that into
a pipe and then into a spreader swell to spread it out so it's not such a point source prior to
discharging into the preserve.
Mr. Hughes: The total discharge of.15 cubic feet per minute?
Mr. Wilkensen: It's .15 cubic feet per second.
Mr. Hughes: How much fluctuation is in the retention area? The report indicates up to 5 ft;
with storm runoff I expect a lot of variation.
Mr. Wilkensen: We analyze system to see how long it takes to recover back to control
elevation. We met the Water Management District's rule of 14 days.
Mr. Hughes: Does the surface area change a lot in the retention pond?
Mr. Wilkensen: From control to peak elevation there is not a tremendous amount of vertical
difference in the lake system, maybe 2-3 feet. In the retention areas that are dry there would
be a larger ares of fluctuation.
Mr. Hughes: All you expect is 2-3 feet; here it is indicated 5 feet?
Mr. Wilkensen: Lakes and retention areas are different. Lakes provide the majority of the
water quality treatment.
Mr. Hughes inquires about the effects of the rainy season on the area.
Stan Chrzanowski: The Environmental Department recently revised their literal zone
standards calling for larger and flatter areas. It takes into account these larger fluctuation
areas because we were finding that the literal zones couldn't take the fluctuation.
Mr. Hughes asks they are using vegetation or design.
Mr. Chrzanowski: Both, it's the mechanics of it. We used to have an 8:1 or 6:1, now they
have a shelf that goes much lower so it's a little more inundated and a little less dry and the
shelves are flatter; but they have made accommodations for that.
Mr. Hughes: Do we feel secure that this will work?
Mr. Chrzanowski confirms that this is a better system than we had before.
Mr. Hughes: The Water Department has easements for wells; where will they be located?
Mr. Wilkensen steps away from the microphone to indicate the locations on the map.
Mr. Sansbury asks about New Town.
Bruce Anderson: That's the name of development.
Mr. Sansbury asks what barrier is planned to segregate Country Camping.
Margaret Perry: A Type B buffer and a wall are required. The owner of property does not
prefer a wall so increased landscape buffering is going to be provided.
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April 7, 2004
Mr. Hughes asks if the campground will still be preserved in that location.
Ms.Perry: Yes
Ed Carlson asks about the east and south boundaries.
Ms. Perry: A buffer will be provided in existing vegetation however, after the removal of
exotics, if there is a need for additional plantings to meet Type A requirements we will do
that.
Mr. Carlson: No burns or no clearing?
Ms. Perry: No.
Steven Lenberger enters one change to sections 6.4C: "All preserve areas shall be
identified as separate tracks and be protected by a permanent conservation easement to
prohibit further development." I spoke to the petitioner and they are aware of this addition.
Mr. Hughes: Is this a public or private hospital?
Bruce Anderson states that the hospital is privately owned.
Mr. Hughes: Has the location been looked out to see if a hospital is safe in that area?
Dave Wilkensen: That was considered with the state rules governing hospitals.
Mr. Hughes: If anything happens are people safe in that facility?
Mr. Wilkensen: Yes
Mr. Carlson: This project destroys almost 70% of the wetlands. Is there any additional info
on any additional mitigation that might be required for this site?
Ken Pasarella: Currently we are in the district and core permitting part of the process.
Through negotiations we are looking for offsite mitigation. Our proposal is to keep this in
the general vicinity. It will be offsite but in the same area.
No additional staff comments.
Ed Carlson moves to approve.
William Hughes seconds the motion.
Ed Carlson would like a discussion due to the large percentage of impact on wetlands. Can
put a condition that we encourage the inclusion of offsite mitigation?
William Hughes: Personally, I think it's a bad location; there's a potential of trapping
people out there. At the same time its their property they can do what they want to do within
the rules.
Ed Carlson: We would like this project to include offsite mitigation because of the large
percentage of the site is wetland that is being impacted.
Motion is passed unanimously
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April 7, 2004
V. OLD BUSINESS
VI. NEW BUSINESS
A. UPDATE ON BUSINESS RECYCLING REQUIREMENTS
Steven Lenberger talked to the recycling coordinator and currently there are no
requirements for business recycling. They are looking at creating them soon.
Alexandra Ellis asks if there is there a time frame.
Mr. Lenberger: June
Ms. Ellis: I would like to be apprised of the situation.
Steven Lenberger: I could request that when they move forward they give you a
presentation.
B. ARTIFICAL REEF PRESENTATION
Steven Lenberger introduces Doug Suitor of the Artificial Reef Program.
Doug Suitor Gives a comprehensive overview of the reef program including slides and
snapshots of the web site. They have a volunteer dive team and have been building reefs
since back in the 1970's. The primary reason have been for recreational fisheries and diving
sites. More recently they have focused on habitat enhancement and reef preservation. They
do not have their own barge; they hire one. Materials are inspected and approved before
loading and they are brought to the permitted site and they are thrown overboard. They do a
variety of small and large piles of material. After a few years growth on the materials render
them unrecognizable. They mark the sites with buoys; it's also a lot easier with GPS. They
do not mark the sites further out for safety reasons.
People are aiming at pre-designed reef modules. They are very predictable and easy to use.
They are a little expensive. Some have been donated and include the remains of some
deceased people. One of our operations was highlighted on the Discovery Channel's
Extreme Funerals.
We try to use a lot of limestone. The primary material we put out is clean concrete waste
material. We work with Marco to do bridges. Last year we started working with the solid
waste department. They are paying us to bring it out for them.
Through the state grant program we have worked with the volunteer dive groups to do
comparisons of the different types of reefs and the different fish species that are near the
reefs.
We are also working with other counties and the state to study the economical contribution of
the reefs.
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April 7, 2004
All the information is kept on the website.
QUESTIONS:
Thomas Sansbury: In Palm Beach County a very good staffed program and right next door
in Broward Bounty they had a very good staff but they always had budgetary problems.
Eventually Broward, and with Palm following behind it, the Artificial Reef Committee was
established to bring in a lot of money for the program from private industry. You seem to
have a very good program but there is a problem with having enough money. Could the
board be approached to get the citizens involved in assisting?
William Hughes: What about tippage fees to get rid of concrete?
Doug Suitor: They waive that.
Mr. Hughes: We have very limited space. It costs a serious amount of money to get rid of
this stuff. Wouldn't it be more prudent, instead of waiving the fees, to have those materials
applied directly to this project?
Mr. Suitor: Yes, it would help fund the program.
Mr. Hughes: We're giving away a free service
Mr. Suitor: What I gathered is that a lot of the companies weren't bringing it. They were
disposing of the stuff all throughout the county.
Mr. Sansbury: This stuff is all over the place.
Mr. Hughes: Hasn't that era changed a little now; aren't we a lot more regulated?
Mr. Sansbury states that there is still a lot of it around.
Stan Chrzanowski: The building code has a provision that you could use inert materials as
backfill and we found that a lot of people were doing that if you charged them at the landfill.
Mr. Hughes: Yes, that makes sense.
Mr. Suitor: states that with the landfill bringing it out we have all the reef material we can
deploy.
Mr. Carlson makes a motion that the county has a formal artificial reef committee and that
committee should find sponsors to fund the program.
Mr. Hughes seconds the motion.
Erica Lynne: Will there be big signs marking the locations?
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April 7, 2004
Mr. Sansbury states there will only be buoys with the numbers. Underneath the water there
are signs but that is quickly grown over.
Motion passed unanimously 7-0.
C. MATT FISHER OF EARTHMARK-OWN MITIGATION BANKS — REQUEST FOR
PRESENTATION
Steven Lenberger introduces Mr. Fisher to the council.
Matt Fisher, Director of Marketing for EarthMark-own Mitigation Banks, requests a
presentation in May for simple education in reference to what has been achieved at Big
Cypress mitigation banks in the past four years.
The Board agreed to listen to the presentation in May.
VII. COUNCIL MEMBER COMMENTS
Ms. Ellis gives Mr. Sansbury a card for his last meeting and reads a poem
Mr. Sansbury: Thanks everyone.
VIII. PUBLIC COMMENTS
Stan Chrzanowski: In March 2001 you all looked at a project that you voted to deny. One
of the reasons was that the water management district had two plans that they were looking
at; since that time the project has gotten through all of their approvals. We had a meeting
with the Water Management District yesterday and they said that they had two stipulations
but they are interested in getting the flow-way done as quickly as possible. The district
approved one specific path. The stipulations are that the flow-way has to be dug exactly as
the district specified and they have to have the permit from the corps before they dig. We
would like to issue a permit when they come in; does anyone have a problem with that?
This came before you already and I don't think it should come again; I think it's a waste of
your time.
Ed Carlson states that this project is getting extra scrutiny from the corps.
Stan Chrzanowski: Nothing gets issued until the corps permit gets issued.
Marjorie Student: We've been given notice on the county level to be careful about issuing
permits until we get all final permits from the corps. It is up to this board if they feel they
can assist staff at this point.
If the ENVIRONMENTAL ADVISORY COUNCIL recommends denial of a petition that
does not go back before the BOARD OF COUNTY COMMISSIONERS then staff would
take that recommendation. It would be up to the petitioner to petition the BOARD OF
COUNTY COMMISSIONERS again.
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April 7, 2004
Stan Chrzanowski asks Ms. Student if staff can take ENVIRONMENTAL ADVISORY
COUNCIL recommendations and deny an excavation permit on something that meets the
land development code.
Marjorie Student will be happy to come back another time with a full answer to that after
further investigation.
Barbara Burgesen: On an SDP or a commercial excavation permit that staff is going to be
issuing; staff is the final decision maker because those are all administrative and don't have
to go before the Board of County Commissioners. However in administrative decisions
when staff has the final say and we bring it to the Environmental Advisory Council we take
very strongly your position and recommendations in our final decisions. In the past the
Environmental Advisory Council's recommendations have been stipulated in our final
decisions.
Marjorie Student: I have had occasion to look over the powers of the Environmental
Advisory Council. The Environmental Advisory Council is an advisory body and staff takes
the council's recommendations into account for the stipulations of the permit and the
issuance of the permit.
IX. ADJOURNMENT
*****
There being no further business for the good of the County,the meeting was adjourned by
order of the Chair at 10:05 am.
ENVIRONMENTAL ADVISORY COUNCIL
Chairman Thomas Sansbury
9
n April 21,2004
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION
OVERVIEW
A. and B. No change.
C. UNDERLYING CONCEPTS
The land use strategy established by this Element is based on a series of concepts, which
emerge from the foundations cited earlier. The policy direction and implementation
mechanisms closely relate to these underlying concepts.
Protection of Natural Resource Systems
Collier County is situated in a 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, including many species that are Federally and/or State
listed, warranting special protection; extensive and highly productive estuarine systems; and;
many miles of sandy beach. In addition to their habitat value, these natural resources
perform functions 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 Land 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), development is guided t the portions of the property that is.are
of lesser environmental quality, thus, in effect, constituting an on-site transfer or
clustering of development rights.
• A broader"off-site"Transfer of Development Rights (TDR) provision and
Stewardship Credit System, set forth in this Element and primarily applicable to the
Rural Fringe Mixed Use District and Rural Land Stewardship Area is a key
component of the County's overall strategy to direct incompatible land and uses away
from important natural resources, including large connected wetland systems and
listed species and their habitat.
TAL#533911.12 1
n • 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.
• The County has designated several intefiffi Natural Resource Protection Area(NRPA)
overlays . -• • • p • • within the Rural Fringe Mixed Use District.
The County has also designated Flowway Stewardship Areas (FSAs) and Habitat
Stewardship Areas (HSAs) within the Rural Lands Stewardship Overlay. These areas
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 high native vegetation preservation standards and
buffers from adjacent land uses. These permanent NRPA overlay areas are primarily
located within the Rural Fringe Mixed Use District and the Rural Lands Stewardship
Overlay where these large connected wetlands systems and habitat areas occur.
• The County has designated Water Retention Areas (WRAs) within the Rural Lands
Stewardship Overlay for the further protection of surface water quality and quantity
and protection of habitat for listed species.
• The County's Land Development Regulations provide standards for protection of
groundwater, particularly in close vicinity to public water supply wells by
implementing policies set forth in the Natural Groundwater Aquifer Recharge
Element.
• Natural resources are also protect through close spatial and temporal coordination of
n 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, sewage treatment, and management of solid waste. This
coordination is accomplished through 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 through Protection of Private
Property Rights No change.
D. No change.
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
TALtt533911.12 2
character of allowed development. Within each of these categories, a range of uses is
permitted based upon specific standards as described in the Designation Description
Section of this Element. These educational, community, and public facilities.
The Future Land Use Map series includes additional map series:
North Belle Meade Overlay Map
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;
Future Land Use Map—Wellhead Protection Areas
Future Land Use Map—Bayshore/Gateway Triangle Redevelopment Overlay Map
Future Land Use Map—Stewardship Area Overlay;
Urban-Rural Fringe Transition Zone Overlay
Future Land Use Map—Rural Lands Study Area Natural Resource Index Maps
IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
No change.
DESCRIPTION SECTION
I. URBAN DESIGNATION
A. Urban-Mixed Use District
DENSITY RATING SYSTEM
a.l. through a.3. No change.
a.4. Residential in-fill.
(a) through (g) No change.
(h)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).
5. and 6. No change.
b. and c. No change.
d. Density Blending:
This provision is intended to encourage 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 Fringe Mixed Use Districts or that straddle
Receiving and Neutral Land within the Rural Fringe Mixed Use District. 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 gross density
for such properties in aggregate may be distributed through the project regardless of
whether or not the density allowable for a portion of the project exceeds that which is
otherwise permitted.-, when the following conditions are met:
1. and 2. No change.
TALtt533911.12 3
3. Density Blending Conditions and Limitations for Properties Straddling Receiving and
Neutral Lands within the Rural Fringe Mixed Use District:
(a) The project must straddle Receiving Land and Neutral Land in the Rural Fringe
Mixed Use District.
(b) The project in aggregate must be a minimum of 80 acres in size.
(c) At least 25% of the project must be located in Receiving Land. The project must
extend central water and sewer to serve the entire project, unless alternative
interim sewer and water provisions are authorized by the County.
(d) The project must be zoned PUD.
(e) It must be demonstrated that development on the site is to be located so as to
preserve and protect the highest quality native vegetation and/or habitat on-site
and to maximize the connectivity of such native vegetation and/or wildlife habitat
with adjacent preservation and/or habitat areas.
(f) The project shall comply with the native vegetation requirements applicable to
Neutral Lands, as set forth in the CCME.
(g) Permitted uses for density blending under this provision shall 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 underlying land use
designation.
B. through C. No change
II. AGRICULTURAL/RURAL DESIGNATION
lie
the Final Order(AC 99 002)pursuant to Section 163.3184(10)(b), Florida Statutes, in Division
of Administrative Hearings Case No. 98 0324 GM. Pursuant to the Order, Collier County iJ
phaseeh
Includes: All land designated Agricultural/Rural,except as noted below;
Big Cypress Area of Critical State Concern (ACSC), except as noted below;
Excludes: All Urban designated areas;
The Settlement District.
.. • . _ . . . . . -- . _ •.. .- : . . -- - .. - -
applicable, for these areas:
The Agricultural/Rural area encompassed by the Rural Lands Stewardship Area
Overlay, which includes a portion of the Big Cypress Area of Critical State Concern;
, .- . '_
Lands; and . . - . _ -•
TAL#533911.12 4
•
•
•
•
;•• . _ -- ' . .. -- •: _ - - •- ., •• - • . . -- - .- •- • -- ••-
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
1. Identify and propose measures to protect prime agricultural areas. Such measures should
2. Direct incompatible uses away from wetlands and upland habitat in order to protect water
. A - -- . .. - • . •- •. . - •: - •- • . • - _• . . . . • :
•
. _ . . . . . - . . . . _• . • ••- • , . . • .• . - • - , •
better serve to protect environmentally sensitive areas, maintain the economic viability of
public facilities and services.
Interim Development Provisions of Agricultural Assessment Area
.. . . _ -- •- - . - - - , -• , - . -- --
• • . I -- - .- • ..- . A. • r • •
• •
•
conditional use, subdivision approval, site plan approval, or plats were filed with or approved by
. . .. • •-
- - • • - • - ... .- - - . .
be lifted from the specific geographic area upon completion of tho applicable phaso of the
•• • - 7 : • • - • • - •: , •• t• •• - - •:• : • . . - . . _ . . - • . . . . -
•
•: • • •• - - - - - .- . . . An application for conditional
use filed prior to July 22, 2003, for that land subject to a stipulated order of dismissal dated April
11, 2003, shall be processed and considered pursuant to the Interim Development Provisions that
were in effect from March 7, 2001, until July 22, 2003.
1. New golf courses or driving ranges.
TAL#533911.12 5
3. New package wastewater treatment plants.
created prior to June 22, 1999.
5. Commercial or industrial development except gas and telephone facilities, electric
8. Public and private schools.
9. Collection and transfer sites for resource recovery.
10. Landfills.
11. Social and fraternal organizations.
12. Group care facilities.
15. Recreational Vehicle Parks.
•..
. . -
. . ..
• . . . ' • . . • ' . . •
These 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 create 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
" •
such expansions are consistent with or clearly ancillary to the existing uses and do not
3. The general location shall be identified on a map as the interim NRPAs and shall be refined
Agricultural Area Assessment.
The Agricultural/Rural Land Use Designation is for those areas that are remote from 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
low intensity in an effort to maintain and promote the rural character of these lands.
TAL#533911.12 6
The following uses and densities are generally permitted under this Designation subjeet-t-e-the
- - " " -'= - • =• ' • - - • —but may not be permitted in all Districts
and Subdistricts, and may be subject to specific criteria, conditions, development standards;
permitted densities may be greater, or lesser, than that stated below, in some Districts and
Subdistricts. Alternatively, the Rural Lands Stewardship Area Overlay contains Areas
participating in the Stewardship Credit System.
a. through k. No change.
1. Commercial uses as principal uses, as provided for within the Rural Commercial
Subdistrict and Rural Villages within the Rural Fringe Mixed Use Subdistrict District,
and based upon the criteria set forth therein, respectively.
m. Industrial uses as provided for within the Rural-Industrial Subdistrict and for
Research and Technology Parks within Rural Villages in Rural Fringe Mixed Use
Subdistrict District, and based upon the criteria set forth therein, respectively;
n. No change.
A. Agricultural/Rural—Mixed Used District No change.
1. 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 Provision&:
a. The project, or that portion of a larger project, which that is devoted to commercial
development, is 2.5 acres or less in size;
b. through f. No change.
B. Rural Fringe Mixed Use District
No change.
1. Transfer of Development Rights (TDR),and Sending,Neutral,and Receiving
Designations: The primary purpose of the TDR process within the Rural Fringe mixed
Use District is to establish an equitable method of protecting and conserving 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 through an economically viable process of
transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use
District and within designated areas of the Agricultural/Rural Mixed Use District,
residential density may be transferred from lands designated as Sending Lands to lands
designated as Receiving Lands on the Future Land Use map, subject to the€fig:
provisions below. Residential density may not be transferred either from or into areas
designated as Neutral Lands through the TDR process.
A) Receiving Lands: No change.
1. Maximum Density: The base residential density allowable for designated
Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per
acre). The maximum density achievable in Receiving Lands through the TDR
process is one (1) dwelling unit per acre. This maximum density is exclusive of
the Density Blending provisions. Dwelling Units may only be transferred into
Receiving Lands in whole unit increments (fractional transfers are prohibited).
TAL#533911.12 7
Once the maximum density is achieved through the use of TDRs Credits,
additional density may be achieved as follows:
a 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.
12) A density bonus of no more than 10% of the maximum density per acre shall
be allowed as an incentive to encourage certain types of wetlands mitigation
as provided in Policy 6.2.5(6)b of the CCME.
This maximum density is exclusive of the Density Blending provisions. Dwelling
2. through 4. No change.
5. Permitted Allowable Uses: Uses within Receiving Lands are limited to the
following:
a) Agricultural uses - • . . •:, - • forestry and bco keeping;
b) No change.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan,subject to the development of
appropriate development standards to ensure that the transitional semi-
rural character of the Rural Fringe Mixed Use District is preserved. These
development standards shall include, but are not limited to: building
heights;,design standards;— ,buffers,and setbacks.
d)through j) No change.
k) Golf courses or driving ranges, subject to the following standards:
(1) The minimum density shall be as follows:
(a) For golf course projects utilizing Density Blending Provisions set
forth in the Density Rating System of the FLUE: one (1) dwelling
unit per five (5) gross acres. In addition, a minimum of one (1)
TDR Credits must be utilized for every five (5) acres of the
project.
(b) For golf course projects not utilizing Density Blending Provisions,
including freestanding golf courses: the minimum density shall be
one (1) dwelling unit per five acres, and one additional dwelling
unit per five (5) gross acres for the land area utilized as part of the
golf course, including the clubhouse area, rough, fairways, greens
and lakes,but excluding any area dedicated as conservation, which
is non-irrigated and retained in a natural state. The additional
required density for such golf course development shall be
achieved by acquiring TDRs Credits from Sending Lands.
(2) Golf courses shall be designed, constructed, and managed in
accordance with the best management practices of Audubon
International's Gold Signature Program and the Florida Department of
Environmental Protection.
(3) through (7) No change.
1)through n)No change.
TAL#533911.12 8
o) Public els educational plants and ancillary plants, subject
to the following criteria:
(1) 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.
(2) The Site must comply with the State Requirements for Educational
Facilities adopted by the State Board of Education.
p) through u) No change.
v) Parks, open space, and recreational uses.
w) Private schools.
6. and 7. No change.
8. Adjustment to Receiving Land Boundaries. For all properties designated
Receiving Lands where such property is contiguous to a Receiving Land/Sending
Land boundary, the property owner may submit data and analysis to the County in
an attempt to demonstrate that a change in the boundary is warranted. Within one
year from the effective date of this provision, the County may initiate a Growth
Management Plan amendment to consider such boundary changes upon a showing
of the following:
a) The property is contiguous to Sending Lands;
b) Site specific environmental data submitted by the property owner, or other
data obtained by the County, indicates that the subject property contains
characteristics warranting a Sending designation; and
c) An adjustment to the Receiving Land boundary will not adversely affect the
TDR program.
B) Neutral Lands: No change.
1. and 2. No change
3. Permitted Allowable Uses:
a) Agricultural uses such as farming, ranching, forestry and bee keeping;
b) No change.
c) Multi-family residential structures shall be permitted under the Residential Clustering
provisions of this plan, subject to the development of appropriate development
standards to ensure that the transitional semi-rural character of the Rural Fringe
Mixed Use District is preserved. These development standards shall include, but are
not limited to: building heights, design standards, buffers, and setbacks.
Renumber c) through h) to d)through i).
Golf courses or driving ranges, subject to the following standards:
(1) Golf courses shall be designed, constructed, and managed in accordance with the
best management practices of Audubon International's Gold Signature Program
and the Florida Department of Environmental Protection.
(2) through (6) No change.
Renumber j)to k).
k}l.Public and pPrivate schools, public educational plants and ancillary plants, subject to
the following criteria:
TALtt533911.12 9
(1) 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.
(2) The Site must comply with the State Requirements for Educational Facilities
adopted by the State Board of Education.
(3) The site shall be subject to all applicable State or Federal regulations.
Renumber 1) through o) to m) through p).
q) Parks, open space, and recreational uses.
3-4. Native vegetation and preservation requirements: Native vegetation shall be preserved as
set forth in CCME Policy 6.1.2.
5. Density Blending: Subject to the provisions set forth in the density rating system.
6. Adjustment to Neutral Land Boundaries. For all properties designated Neutral
Lands where such property is contiguous to a Neutral Land/Sending Land
boundary, the property owner may submit data and analysis to the County in an
attempt to demonstrate that a change in the boundary is warranted. Within one
year from the effective date of this provision, the County may initiate a Growth
Management Plan amendment to consider such boundary changes upon a showing
of the following:
d) The property is contiguous to Sending Lands;
e) Site specific environmental data submitted by the property owner, or other
data obtained by the County, indicates that the subject property contains
characteristics warranting a Sending designation; and
f) An adjustment to the Neutral Land boundary will not adversely affect the
TDR program.
C) Sending Lands: No change.
1. through 3. No change.
4. Permitted Uses: Permitted uses are limited to the following:
a) through g) No change.
h) Oil extraction and related processing gas exploration. Where practicable, directional-
drilling techniques and/or previously cleared or disturbed areas shall be utilized to
minimize impacts to native habitats.
5. Conditional Uses:
a) The following uses are conditionally permitted subject to approval through a public
hearing process:
(1) Essential services not identified above in 5 4f). Within one year, Collier County
will review essential services currently allowed in the Land Development Code
and will define those uses intended to be conditionally permitted in Sending
designated lands. During this on-year period or if necessary until a
comprehensive plan amendment identifying conditionally permitted essential
services, no conditional uses for essential services within Sending designated
lands shall be approved.
(2) No change.
(3) Commercial uses accessory to permitted uses 5,4.a), 5,4.c),5,4.d), such as retail
sales of produce accessory to farming, or a restaurant accessory to a park or
TALft533911.12 10
preserve, so long as restrictions or limitations are imposed to insure the
commercial use functions as an accessory subordinate use.
(4) Oil and gas field development and production. Where practicable, directional-
drilling techniques and/or previously cleared or disturbed areas shall be utilized to
minimize impacts to native habitats.
b) No change.
6. through 8. No change.
D) Additional TDR Provisions:
No change.
1. The establishment of a simple, expeditious process whereby private property owners
may, by right, "sell"residential dwelling units from lands designated as Sending
Lands". Said units (TDR Credits) may then be-`transferred"by right to lands
designated as ±Receiving Lands", or to Urban Lands where authorized. Once
established, the TDR program shall be administratively reviewed and approved,
requiring no further public hearing or Board approval if consistent with the provisions
for administrative approval.
2. The establishment of a process for tracking and recording all transfers of residential
tx s TDR Credits in the public records of Collier County. This shall include the
identification of the entity or department responsible for the on-going administration
of the TDR program. In addition, the County shall consider the feasibility of
establishing a "TDR Bank," to be administered by the County or some other not-for-
profit governmental or quasi-governmental public agency 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 FY01 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 offering initial minimal purchase
prices of TDRs Credits. A . -- , . z•- •. • . . .
budget for administration of the TDR program shall be developed.,which would
include the projected costs and funding appropriation for the FY01 associated with
3. Limitations and Procedures:
a) Transfers TDR Credits shall not be allowed generated from&Sending ILands
where a conservation easement or other similar development restriction prohibits
residential development.
b) The transfer of units generation of TDR Credits through the severance of
residential density from Sending Lands 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 land&uses on
the subject property after all, or a portion, of the residential density has been
transferred severed from the property.
c) Where residential density has been transferred severed from Sending Lands, such
lands may be retained in private ownership or may be sold or deeded by gift to
another entity.
4. No change
TALtt533911.12 11
5. A 25-year prohibition on util4ing generating TDRE where a Credits from any parcel
or portion thereof, within Sending Lands has been cleared for agricultural purposes
after June 19, 2002.
2. No change
3. Rural Villages: No change
A) and B) No change
C) Rural Village Sizes and Density:
1. and 2. No change
3. Density may be achieved as follows:
a) No change
b) The additional density necessary to achieve the minimum required density for a
Rural Village shall be achieved by an equal amount of TDR&Credits and bonus
units. That is, for each TDR Credit acquired one bonus unit shall be granted.
c) Additional density between the minimum and maximum amounts established
herein may be achieved through any of the following, either individually or in
combination:
J Additional TDRc, and/or through Credits.
through a A 0.5 unit bonus for each unit that is provided for lower income
residents and for entry level and workforce buyers, and/or thfeugli-a-
3) A density bonus of no more than 10% of the maximum density per acre
allowed for each additional acre of native vegetation preserved exceeding the
minimum preservation requirements set forth in Policy 6.1.2 of the CCME.
4) A density bonus of no more than 10% of the maximum density per acre as an
incentive to encourage certain types of wetlands mitigation as provided in
Policy 6.2.5(6)b of the CCME.
definition of"workforce housing;" minimum qualifications for the above
referenced density bonus; and a minimum percent of the allowable density that
C. and D. No change.
III. ESTATES DESIGNATION
No change.
VdV. CONSERVATION DESIGNATION
No change.
V. OVERLAYS AND SPECIAL FEATURES
A. No change.
TAL1t533911.12 12
B. North Belle Meade Overlay
The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for
in Receiving, Neutral, NRPA and non-NRPA Sending Lands. Development and preservation
standards within this Overlay shall be as provided herein.
A-A.IN GENERAL
The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and
west and I-75 to the south. The 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. The NBM Overlay area is unique to the Rural Fringe area because it is surrounded
by areas that are vested for development on three sides. Because this area is largely
undeveloped and includes substantial vegetated areas, the Sending Lands can and do
provide habitat for wildlife, including endangered species. Within the NBM Overlay area
are also areas that have been previously impacted by canal construction and past clearing
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
future development that takes into account resource protection and the relationship
between this area and the Estates developing around the NBM Overlay area.
Accordingly, a more detailed and specific plan for the NBM Overlay is set forth herein.
Unless otherwise specifically stated, no other Goals, Objectives and Policies of the Future
Land Use Element, other than those relating to density and allowable uses, Conservation
and Coastal Management Element, or Public Facilities Element 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 implementing 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 Receiving Area comprising two sections of land. It
is the intent to perform the physical planning of the NBM Sending Lands within twelve
(12) months after the effective date for Red Cockaded Woodpeckers, Greenways, and
Wildlife Crossings.
Planning Considerations
Renumber 1. through 4. to a. through d.
Renumber B. to 2.
Planning Considerations
Renumber 1 and 2 to a. and b.
33-c. Sending Area
TALIt533911.12 13
The NBM NRPA shall be designated as a-sSending area Lands for purposes of the
Transfer of Development Rights (TDR)program.
4.d. TDRs
Owners of lands located in TDR Credits generated from the NBM NRPA may
transfer their development rights be transferred to Sections 21 and 28 and the west 1/4
of sSections 22 and 27,ager to other suitable locations within the Rural Fringe
Mixed Use Area District, or to the Urban Area at a ratio of 1 unit per 5 acres from
Sending Lands or one unit per individual deeded parcel or lot that existed as of June
22, 1999, whichever is greater.
C:3.RECEIVING AREAS
Within the NBM Overlay, Receiving Areas are identified for clustering of residential
dwelling units, central water and sewer service, and for the transfer of development rights
and comprise±3,368 acres in the northern portion of NBM Overlay. The Receiving
Areas are generally located in the northern portion of NBM Overlay and generally
contiguous to Golden Gate Estates. Two sections are directly to the south of the APAC
earth Mining 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 1/4 of Sections 22 and 27,
which have been largely assembled under one property ownership. These lands are
located south of the existing APAC earth mining operation and have been largely
impacted by agricultural operations. The location of Sections 21 and 28 is just 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 plant uses have existed for many
years in the area, and the surrounding lands in Sections 21, 28, and the western halves
quarters of Sections 22 and 27 are reported to contain Florida Department of
Transportation grade rock for road construction, these uses are encouraged to remain and
expand. However, until June 19,20042005, mining 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, 20042005, 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, 20012005, any mining 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,
20012005 to construct a private haul road by June 19,20062007 without the allocation of
any public funds. The County's existing excavation and explosive regulations shall apply
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
TALH533911.12 14
area for right-of-way is available at the present time for the extension of this roadway.
Additional right-of-way 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 Receiving Area, they
are a logical locations for the development of a Rural Village or Neighborhood Village
Center with a mix of uses which may include clustering of residential uses and civic and
institutional uses, including limited retail uses at an intersection to be established with
Wilson Boulevard.
Planning Considerations
a. Density Bonuses. Once the maximum density of one (1)unit per acre is achieved
outside of the NBM Rural Village, through the combination of base density and
density obtained with TDR Credits, additional density may be achieved as follows:
1) Vegetation Retention. A density bonus of no more than 10% of the maximum
density per acre shall be allowed for the retention of at least 10% of the native
vegetation on site.
2) Wetlands Mitigation. A density bonus of no more than 10% of the maximum
density per acre shall be allowed as an incentive to encourage certain types of
wetlands mitigation as provided in Policy 6.2.5(6)b of the CCME.
Lb.North Belle Meade Rural Village
The standards for the Rural Villager,/Commercial in the NBM Overlay Receiving
Area shall be generally the same as provided for in the Rural Fringe Mixed Use
District_ hHowever,because of the NBM Receiving Area's location adjacent to
Estates, the NBM NRPA, and other Sending 1Lands, it does not have access to
existing commercial uses, which should be encouraged on NBM Receiving Lands.
The following exceptions shall apply:
The minimum gross density shall be 1.5 dwelling units per gross acre and a
maximum of 3 units per gross acre.
21 A minimum of 0.5 dwelling units per acre shall be acquired through the transfer
of development rights TDR Credits.
31 Sidewalks shall be required on both sides of the streets in the NBM Rural Village.
4 Greenbelts shall not be required for any NBM Receiving Lands including any
Rural Village.
51 Schools should be located with 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 adjacent to the Rural Village Center,
provided such local streets provide adequate access as needed by the School
Board.
� II
TAL1t533911.12 15
DA. SENDING AREAS
No change.
Planning Considerations
Renumber 1. to a.
Lands located in the NRPA and the adjoining buffer areas, which will be dedicated to
Renumber 3. to b.
4c.Public Acquisition
The County should support the public acquisition of Sending Areas Lands in the
NBM Overlay, particularly in locations where endangered or threatened species are
located.
EZ. 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 1/2 sections located at the northeast corner of the
Overlay and section 24 located in the northwest portion of this Overlay. The preservation
standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral
Lands. The County shall perform an RCW study for Section 24 and, if the results of the
study warrant, the Plan will be amended.
C. Natural Resource Protection Area Overlay
The purpose of the Natural Resource Protection Area(NRPA) Overlay designation is to
protect endangered or potentially endangered species and to identify large connected intact
and relatively unfragmented habitats, which may be important for these listed species.
NRPAs may include major 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;
(interim);
7. Camp Keais (interim).
NRPAs located in the Rural Fringe Mixed Use District, or on nearby or adjacent
Conservation Designated Lands are identified as Sending 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 following standards:
TAL#533911.12 16
1. through 3. No change.
4. For privately owned lands within a NRPA Overlay and designated Sending ILands 9F
Estates respectively, permitted and conditional uses shall be those as set forth in the Rural
Fringe Mixed Use District for Sending Lands.
5. and 6. No change.
D. Rural Lands Stewardship Area Overlay
Goal
No change.
Objective
No change.
Groups 1 and 2 No change
Group 3—Policies to protect water quality and quantity and maintain the natural water
regime,as well as listed animal and plant species and their habitats by directing
incompatible uses away from wetlands and upland habitat through the establishment of
Flow way Stewardship Areas,Habitat Stewardship Areas,and Water Retention Areas,
where lands are voluntarily included in the Rural Lands Stewardship Area program.
Policies 3.1 through 3.8 No change.
Policy 3.9
1. Agriculture will continue to be a permitted use and its supporting activities will continue
to be permitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture
Group classifications described in the Matrix. The Ag 1 group includes row crops, citrus,
specialty farms, horticulture, plant nurseries, improved pastures for grazing and ranching,
aquaculture and similar activities, including related agricultural support uses. In existing
Ag 1 areas within FSAs and HSAs, all such activities are permitted to continue, and may
convert from one type of Agriculture to another and expand to the limits allowed by
applicable permits. Once the Stewardship Credit System is utilized and an owner
receives compensation as previously described, no further expansion of Ag 1 will be
allowed in FSAs and HSAs beyond existing or permitted limits within property subject to
a credit transfer, except for incidental clearing as set forth in 2 below.
2. In order to encourage viable Ag 1 activities, and to accommodate the ability to convert
from one Ag 1 use to another, incidental clearing is allowed to join existing Ag 1 areas,
square up existing farm fields, or provide access to or from other Ag 1 areas, provided
that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared,
and the Natural Resource Index Value score has been adjusted to reflect the proposed
change in land cover. Incidental clearing is defined as clearing that meets the above
criteria and is limited to 1% of the area of the SSA. In the event said incidental clearing
impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate
mitigation shall be provided.
TALit533911.12 17
Policies 3.10 through 3.14 No change.
Group 4- Policies to enable conversion of rural lands to other uses in appropriate locations,
while discouraging urban sprawl, and encouraging development that utilizes creative
land use planning techniques by the establishment of Stewardship Receiving Areas.
Policies 4.1 through 4.14 No change.
Renumber Policy 4.15 to 4.15.1
Policy 4.15.2
The BCC may, as a condition of approval and adoption of an SRA development,require that
suitable areas for parks, schools, and other public facilities be set aside, improved, and/or
dedicated for public use. When the BCC requires such a set aside for one or more public
facilities, the set aside shall be subject to the same provisions of the LDC as are applicable to
public facility dedications required as a condition for PUD rezoning.
Policy 4.16
A SRA shall have adequate infrastructure available to serve the proposed development, or
such infrastructure must be provided concurrently with the demand. The level of
infrastructure provided will depend on the typo form of SRA development, accepted civil
engineering practices, and LDC requirements. The capacity of infrastructure seg
necessary to serve the SRA at build-out must be demonstrated during the SRA designation
process •- . - : • - - •- . . --- • - - - .
••- - - ' • :- . •: •. Infrastructure to be analyzed includes transportation, potable
water, wastewater, irrigation water, stormwater management, and solid waste. Transportation
infrastructure is discussed in Policy 4.14. Centralized or decentralized community water and
wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in
size. Centralized or decentralized community water and wastewater utilities shall be
constructed, owned, operated and maintained by a private utility service, the developer, a
Community Development District, the Immokalee Water Sewer Service District, Collier
County, or other governmental entity. Innovative alternative water and wastewater treatment
systems such as decentralized community treatment systems shall not be prohibited by this
policy provided that they meet all applicable regulatory criteria. Individual potable water
supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or
CRD of 100 acres are permitted on an interim basis until services from a
centralized/decentralized community system are available. Individual potable water supply
wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100
acres or less in size.
Policy 4.17
The Board of County Commissioners will review and approve SRA designation applications
in accordance with the provisions of Policy 1.1.2 of the Capital Improvement Element of the
GMP for Category A public facilities. Final local development orders will be approved
TAL1t533911.12 18
within a SRA designated by the Board in accordance with the Concurrency Management
System of the GMP and LDC in effect at the time of final local development order approval.
Policy 4.178
The SRA will be planned and designed to be fiscally neutral or positive to the Collier
County tax baso at the horizon year based on a modified per capita cost/benefit fiscal impact
analysis model .. . .• . . - ' ' . : . -- - ,• OSA
`- - :: ••• • •• :. h - ••• • - . , _• .) acceptable to or as may be adopted by
the County. The BCC may grant exceptions to this policy to accommodate affordable
housing, as it deems appropriate. Techniques that may support promote fiscal self sufficiency
neutrality such as Community Development Districts, and other special districts, shall be
encouraged. At a minimum, the analysis shall consider the following public facilities and
services: transportation, potable water, wastewater, irrigation water, stormwater
management, solid waste, parks, law enforcement, and schools. Development phasing=
developer contributions and mitigation, and other public/private partnerships and4uneling
mechanisms shall address any potential adverse impacts to adopted levels of
service standards pursuant to the County Concurrency Management System.
Renumber Policies 4.18 through 4.20 to 4.19 through 4.21.
Group 5—Policies that protect water quality and quantity and the maintaining of the
natural water regime and protect listed animal and plant species and their habitats on
land that is not voluntarily included in the Rural Lands Stewardship Area program.
Policies 5.1 through 5.4 No change.
Policy 5.5
For those lands that are not voluntarily included in the Rural Lands Stewardship program,
non-agricultural development, excluding individual single family residences, shall be
directed away from the listed species and their habitats by comply with the following
guidelines and standards:
1. No change.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and can
be anticipated to be potentially occupied by listed species. These plans shall describe
how the project directs incompatible land uses away from listed species and their
habitats.
a. Management plans shall incorporate proper techniques to protect listed species
and their habitats from the negative impacts of proposed development. 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 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.
TALft533911.12 19
i. No change.
ii. The County shall consider any other techniques recommended by the USFWS
and FFWCC, subject to the provision of paragraph(3)of this policy.
iii. When listed species are directly observed on site or indicated by evidence,
such as denning, foraging, or other indications, priority shall be given to
a minimum of 40% of native vegetation on site
shall be retained, with the exception of clearing for agricultural purposes. The
County shall also consider the recommendation of other agencies, subject to
the provisions of paragraph(3)of this policy.
c. through h. No change.
3. No change.
Policy 5.6
For those lands that are not voluntarily included in the Rural Lands Stewardship program,
Collier County shall direct non-agricultural land uses away from high functioning
wetlands by limiting direct impacts within wetlands. A direct impact is hereby defined as
the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland.
This policy shall be implemented as follows:
1. and 2. No change
3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site
clearing and alteration limitations, nonpermeable surface limitations, and
requirements addressing surface water flows which protect wetland functions within
the wetlands in those areas. Other wetlands within the RLSA are isolated or seasonal
wetlands. These wetlands will be protected based upon the wetland functionality
assessment described below, and the final permitting requirements of the South
Florida Water Management District.
a. The County shall apply the vegetation retention, open space and site preservation
requirements specified within this Overlay to preserve an appropriate amount of
native vegetation on site. Wetlands shall be preserved as part of this vegetation
requirement according to the following criteria:
i. The acreage requirements specified within this Overlay shall be met by
preserving wetlands with the highest wetland functionality scores. Wetland
functionality assessment scores shall be those described in paragraph El))of
this policy. The vegetative preservation requirements imposed by Policyies
5.3 and 5.5 shall first be met through preservation of wetlands having a
WRAP functionality assessment score of 0.65 or a Uniform Wetland
Mitigation Assessment Method score of 0.7, or greater. Within one year,from
the effective date of this Amendment, the County shall develop specific
criteria in the LDC to be used to determine those instances in which wetlands
with a WRAP functionality assessment score of 0.65 or a Uniform Wetland
Mitigation Assessment Method score of 0.7, or greater must be preserved in
excess of the preservation required by Policy 5.3.
ii. and iii. No change.
b. In 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
TAL1t533911.12 20
Water Management District's Wetland Rapid Assessment Procedure (WRAP), as
described in Technical Publication Reg-001, dated September 1997, and updated
August 1999,until such time as the District adopts the proposed Unified or the
Uniform Wetland Mitigation Assessment Method, :- . : • : . . -- . • .
identified as F.A.C. Chapter 62-345 - •• • - . _ -•- -
Method. The applicant shall submit to eCounty staff agency-accepted WRAP
scores or Uniform Wetlands Mitigation Assessment scores.;County staff shall
review shall-review this functionality assessment as part of the County's EIS
provisions and shall use the results to direct incompatible land uses away from the
highest functioning wetlands according to the requirements found in paragraph 3
above.
c. through g. No change.
E.through G. No change.
TAL1t533911.12 21
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
OBJECTIVES 1.1 No change.
Policies 1.1.1 through 1.1.8 No change.
Policy 1.1.9
In those areas of Collier County where Oil Extraction and Related Processing is an
allowable use, such use is subject to applicable state and federal oil and gas permits and
Collier County non-environmental site development plan review procedures.
Directional-drilling and/or previously cleared or disturbed areas shall be utilized in
order to minimize impacts to native habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
exist on the effective date of this amendment to the Collier County Comprehensive
Plan, regardless of whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for proposed oil and gas activities in
Collier County, so long as the state permits comply with the requirements of Chapter
62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary
of the Big Cypress Watershed, the applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined
Big Cypress Watershed. All oil and gas access roads shall be constructed and protected
from unauthorized uses according to the standards established in Rule 62-
30.005(2)(a)(1) through (12),F.A.C.
OBJECTIVE 1.2 No change.
OBJECTIVE 1.3:
No change.
Policy 1.3.1
The purpose of the NRPA program is to direct incompatible land uses away from significant
environmental systems that exist at a landscape scale, contain large systems of connected
wetland and upland habitats, and support a wide variety of listed species. The program shall
include the following:
a. Identification of the NRPAs in map form as an overlay to the Future Land Use Map;
TAL#533911.12 22
-- _ . - - . ,-- - . ..-. . . - ' . . . . . . . -- -. . _ . . _ -
•
- - • .- . • - •. - •= - k"-' S. As part of the Assessment, the County
•- -• - - - During the Assessment for the Rural
Fringe area, the County has determined that CREW Trust lands,the Belle Meade,ad 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 NPRA. The specific boundaries have
been identified as NRPAs on the Future Land Use Map. The status of the other interim
' • - .- . • -- -. re Land Use Map will be addressed at the
completion of the Assessment. Within the remaining areas, the following shall be the
primary focus of addition study:
- . . . !- .., .. . . . . . • A .• - . . . . • • - • - -- . . - - -- •
impact the above special study areas.
b. through g. No change.
Policies 1.3.2 through 1.3.5 No change.
GOALS 2 through 5 No change.
GOAL 6: THE COUNTY SHALL IDENTIFY,PROTECT, CONSERVE AND
APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES
AND WILDLIFE HABITAT
OBJECTIVE 6.1
No change.
POLICY 6.1.1:
For the County's Urban Designate Area,Estates Designated Area, Conservation Designated
Area, and Agricultural/Rural Mixed Used District, Rural-Industrial District and Rural-
Settlement Area District as designated on the FLUM, native vegetation shall be preserved on-
site through the application of the following preservation and vegetation retention 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.
Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural
development except for single-family dwelling 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.
TAL#533911.12 23
n Coastal High Hazard Area Non-Coastal High Hazard Area
Residential and Mixed Less than 2.5 acres 10% Less than 5 acres 10%
Use Development
Equal to or greater Equal to or Ggreater than 5 acres
than 2.5 acres 25% and less than 20 acres 15%
Equal to or greater
than 20 acres 25%
Golf Course 35% 35%
Commercial and Less than 5 acres 10% Less than 5 acres 10%
Industrial Development
Equal to or greater Equal to or greater
than 5 acres 15% than 5 acres 15%
Industrial Development 50%, not to exceed 25% of the 50%, not to exceed 25% of the
(Rural-Industrial District project site project site
Only)
The following standards and criteria shall apply to the vegetation retention requirements
referenced above:
(1)through (3) No change.
(4) Selection of preservation areas shall reflect the following criteria in descending order of
priority:
137a. Areas known to be utilized by listed species or that serve as corridors for the
movement of wildlife=shall-he 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. '.. - .. ••: _ . _ .
preserves.
b. Onsite wetlands preserved pursuant to Policy 6.2.4 of this element;
c. and d. No change.
(5) through (10) No change.
Policy 6.1.2
For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native
vegetation shall be preserved onsite through the application of the following preservation and
vegetation retention standards and criteria:
a. and b. No change.
c. Non-NRPA Sending Lands:
Calculated at the higher value of 80% of the native vegetation present, or 80%-ef the
total site area as may otherwise be permitted under the Density Blending provisions
of the FLUE.
d. NRPA Sending Lands:
TALH533911.12 24
Calculated at the higher value of 90% of the native vegetation present, or 90% of the
total site area, or as may otherwise be permitted under the Density Blending
provisions of the FLUE.
e. through g. No change.
(1) through (12) No change.
Policies 6.1.3 through 6.2.4 No change.
Policy 6.2.5
No change.
(1) No change.
a. The acreage requirements of Policy 6.1.2 of this element shall be met be preserving
wetlands with the highest wetland functionality scores. Wetland functionality
assessment scores shall be those described in paragraph (2) of this policy. Wetlands
having . . • . - •• • . - a WRAP score of at least 0.65 or a Uniform
Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This
policy is not intended in all cases to require preservation of wetlands exceeding the
acreage 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 having a functionality
assessment WRAP score greater than 0.65 or a Uniform Wetland Mitigation
Assessment Method score of greater than 0.7 shall be required to be retained
exceeding the acreage required by Policy 6.1.2 of this element.
b. through e. No change.
(2) In 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 Management
District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical
Publication Reg-001, dated September 1997, and updated August 1999,until such time as
the District adopt&or the prepoced ied Uniform Wetland Mitigation Assessment
Method, . : •• .. . .--- . . • • . . F.A.C. Chapter 62-345 Uniform
• - . - ' 4. • - =• - . The applicant shall submit to eCounty staff,
agency accepted WRAP scores or Uniform Wetland Mitigation Assessment Method
scores. County staff shall review this functionality assessment as part of the County's
EIS provisions and shall use the results to direct incompatible land uses away from the
highest functioning wetlands according to the requirements found in paragraph (1) above.
(3) through (6) No change.
Policies 6.2.6 through 6.5.3 No change.
TAL1t533911.12 25
. � 1
CAPITAL IMPROVEMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 1: No change.
OBJECTIVE 1: No change
Policy 1.1.1: No change.
Policy 1.1.2:
No change.
A. No change.
B. The County Commission will review all rezone requests, SRA designation applications,
and proposed amendments to the Future Land Use Element(FLUE) affecting the overall
County-Wide density or intensity of permissible development with consideration of their
impact on both the variable "D" in the formula Q = (S x D) -I, and the overall roadway
system. The County Commission shall not approve any such rezone request, SRA
designation, or FLUE amendment that significantly impacts either: (1) a deficient
roadway segment or; (2) the BEBR high range growth rate population projections
through the five years of the annually updated Capital Improvement Plan, on a
continuously rolling basis, and then 95% of the BEBR high range growth rate thereafter,
for the variable "D", unless one of the following simultaneously occurs:
1. Specific mitigating stipulations are approved in conjunction with the rezone or SRA
designation resolution to restore or maintain the Level of Service on the impacted
roadway segment;
2. The adopted population standard used for calculation of"Q" in the formula Q = (S x
D)—I is amended based on appropriate data and analysis;
3. The Schedule of Capital Improvements is updated to include any necessary projects
that would support the additional public facility demand(s) created by the rezone
SRA designation resolution or amendment to the Future Land Use Element.
C. No change.
D. No change.
Any public facility that is determined to be needed as a result of any of the factors listed in
Section B and D of this Policy shall be included in the regular Schedule of Capital Improvements
contained in this Capital Improvement Element. All capital improvement projects for such
public facilities shall be approved in the same manner as the projects that are identified
according to the quantitative analysis described in Section A of this policy.
TAL1t533911.12 26
Policies 1.1.3 through 1.1.5 No change.
OBJECTIVES 1.2 through 1.5 No change.
TAL1t533911.12 27
TRANSPORTATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOALS 1 No change.
OBJECTIVES 1 through 4 No change.
OBJECTIVE 5: No change.
Policy 5.1:
The County Commission will review all rezone requests and SRA designation applications with
consideration of their impact on the overall system, and shall not approve any such request that
significantly impacts a roadway segment already operating and/or projected to operate at an
unacceptable Level of Service within the five year planning period, unless specific mitigating
stipulations are approved. Traffic analyses to determine significant project impact shall use the
following to determine the study area:
a. through c. No change.
Policy 5.2: No change.
OBJECTIVES 6 through 12 No change.
TAL#533911.12 28
GOLDEN GATE AREA MASTER PLAN
I. and II. No change.
III. IMPLEMENTATION
This section places the plan into effect. Implementation strategies include the Goals,
Objectives and Policies and the Land Use Designation Description Section.
A. GOALS, OBJECTIVES,AND POLICIES
GOALS 1 through 3 No change
B. LAND USE DESIGNATION DESCRIPTION SECTION
No change.
1. No change.
2. ESTATES DESIGNATION
No change.
a. Estates-Mixed Use District
1) through 5) No change.
6) Southern Golden Gate Estates Natural Resource Protection Overlay
Southern Golden Gate Estates is identified as a Natural Resource Protection Area
(NRPA) Overlay on the Golden Gate Area Future Land Use Map;and are subject
to the following„ : NRPA Overlay provisions of the FLUE.
1. Within these areas, only agriculture and directly related uses and ono singlo
family dwelling unit per parcel or lot created prior to June 22, 1999, shall be
allowed.
2. These interim development standards shall not be interpreted to affect or limit
the continuation of existing uses. Existing uses shall include those uses for
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
3. These areas shall be refined as actual data and analysis is made available
during the Collier County Rural and Agricultural Area Assessment.
7) No change.
3. No change.
Maps 1 through 16 No change.
Delete Map 17
ii
TAL#533911.12 29
,/'"N APRIL 21,2004
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-
agricultural development, excluding individual single family residences, shall be directed
away from listed species and their habitats by complying with the following guidelines and
standards:
(1) No change.
(2) Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site : .. • .. - - '.. . .• . - ' _.
is capable of supporting wildlife and can be anticipated to be occupied by listed species.
These plans shall describe how the project directs incompatible land uses away from
listed species and their habitats.
(a) through (j) No change.
(3) The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservaton Commission and recommendations from the US Fish and Wildlife Service
in issuing development orders. It is recognized that these agency recommendations, on a
Management Plan. - . - - - .• - - - _ -
FUTURE LAND USE ELEMENT
RURAL LANDS STEWARDSHIP AREA OVERLAY
Policy 5.5
1. and 2. No change
3. The County shall, consistent with applicable policies of this Overlay, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservaton Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property containing listed species. It is recognized that these
the Growth Management Plan.
TAL#534383.3