Loading...
EAC Agenda 06/04/2003 ENVIRONMENTAL ADVISORY COUNCIL �-� AGENDA June 4,2003 9:00 A.M. Commission Boardroom W.Harmon Turner Building(Building"F")—Third Floor I. Roll Call II. Approval of Agenda III. Approval of May 7,2003 Meeting Minutes IV. Solid Waste Program Overview V. Land Use Petitions A. Planned Unit Development Amendment No.PUDZ-2002-AR-2357 Development Order Amendment No.DOA-2002-AR-2358 "Parklands PUD/DRI" Section 9,Township 48 South,Range 26 East B. Planned Unit Development No.PUDZ-2002-AR-3011 "Tuscany Cove PUD" Section 26,Township 48 South,Range 26 East C. Planned Unit Development No.PUD-2002-AR-2475 "Falling Waters PUD" Section 8,Township 50 South,Range 26 East VI. Old Business: A. Rural Lands Stewardship Area Land Development Code Amendment(2.2.27) VII. New Business: VIII. Council Member Comments IX. Public Comments X. Adjournment ********************************************************************************* Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on May 30, 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition(732-2505). 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. 1 May 7, 2003 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room,3rd Floor,Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 AM May 7,2003 LET IT BE REMEMBERED,that the Environmental Advisory Committee,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: Members: Tom Sansbury Michael Sorrell Alexandra Santoro Ken Humiston Bill Hughes Alfred Gal Collier County Staff: Patrick White,Bill Lorenz,Barb Burgeson, Stan Chrzanowski,Marjorie Student, Fred Reischl,Ray Bellows, Michelle Arnold, Susan Mason,Steven Lenberger Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 7, 2003 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")— Third Floor Roll Call II. Approval of Agenda III. Approval of April 2, 2003 Meeting Minutes IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2002-AR-2841 Development of Regional Impact No. DRI-2000-01 "Heritage Bay DRI/PUD Sections 13, 14, 23 &24,Township 48 South, Range 26 East B. Planned Unit Development No. PUDZ-2002-AR-2433 "H D Development PUD" Section 21, Township 48 South, Range 26 East n C. Planned Unit Development No. PUDZ-2002-AR-3242 "Mandalay PUD" Section 16, Township 50 South, Range 26 East V. Old Business A. Rural Lands Stewardship Area Land Development Code Amendment(2.2.27) VI. New Business A. Solid Waste Program Overview (continued to June 4, 2003) B. Code Enforcement Overview VII. Council Member Comments VIII. Public Comments IX. Adjournment *************,t***********,1rRsklPir,tie**********int******t*,Hrtr,rtrle**********k******,tit,kirf******',t,t****ynkie'k,ki,'*** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on May 1, 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (732-2505). 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. May 7, 2003 I.Roll Call -The meeting was called to order at 9:00 AM. A quorum was established. -Members: Michael Sorrell, Alexandra Santoro, Tom Sansbury,Ken Humiston, Bill Hughes,Alfred Gal -Michael Coe and Erica Lynne had an excused absence. Collier County Staff: Patrick White,Bill Lorenz, Barb Burgeson, Stan Chrzanowski, Marjorie Student,Fred Reischl,Ray Bellows, Michelle Arnold, Susan Mason, Steven Lenberger II. Approval of Agenda -There were no changes made to the Agenda. III. Approval of April 2,2003 meeting minutes -Alexandra Santoro moved to approve the minutes of April 2, 2003 as written. It was seconded by Alfred Gal. All were in favor;the motion passed unanimously, 6-0. IV. Land Use Petitions A)Planned Unit Development No. PUDZ-2002-AR-2841 Development of Regional Impact No. DRI-2000-01 "Heritage Bay DRI/PUD" Sections 13, 14,23, & 24,Township 48 South,Range 26 East -Mr. White swore in all those who were testifying. -There were no ex parte disclosures. -Bruce Anderson,Young-Vanasserderp-Varnadoe&Anderson,represented the applicant,US Home Corporation. Mr. Anderson stated that the project was made up of 2,562 acres; 860 acres are or will be placed in conservation and preserve uses. This amount of preserves is more than what is required in the Rural Fringe. The project is made up of four sections of land; one section is in the urban area and three sections are in the Rural Fringe. An activity center with commercial uses will be located in the urban section. The site currently consists of active and permitted Lime Rock quarries, forested i--� wetlands and uplands. The only proposed impact to wetlands is a golf cart bridge Page 2 May 7, 2003 crossing over a recently created wetland connection. The project is designed to minimize wetland impacts by limiting any impacts to this golf cart crossing. All existing wetlands will be preserved. All of the uplands outside of the preservation area have been significantly impacted and contain little or no native vegetation as the result of mining activities. If the land has not already been impacted,then it will be maintained in its natural state. The listed species of plant and wildlife observed on site during the protected species assessment were in the proposed wetland and upland preserve areas. The wetland and upland preserve areas are proposed to be surrounded by a 25ft buffer in order to minimize secondary impacts to wildlife habitat. The property has been in use for many years as an earth mining operation and those activities will continue. The mining permits already issued for this property permit 1700 acres to be mined. The mining use would be phased out as the property is developed for residential uses. The proposed surface water management system will consist of several cascading drainage basins, utilizing the existing quarry pits and proposed lakes to provide the required water quality and quantity storage volume. A portion of the lakes are classified as recreational lakes n and will provide flood continuation after water quality treatment has occurred in the other water management lakes. The applicant has met with local environmental agents, who provided input on this PUD. None of these groups object to the project. The applicant is in agreement with the staff recommendations with two caveats. The first one is the understanding that the slope requirements are due to little water table fluctuation in the lakes. Stan Chrzanowski agreed. And the second item was with the understanding that all the mining will continue and even though they are exempted by the permits for the littoral shelf requirements,they will work with staff to identify areas of littoral plantings.\ -Stan Chrzanowski stated that the comment Mr. Anderson made about the slope requirements was technically accurate. He clarified that the LDC was amended to require loft of lake area with a 4/1 slope. This was done because some areas of water fluctuation in lakes, especially large lakes, act as"sinks". In this case,the applicant says that the lake fluctuation is little. Mr. Chrzanowski stated that he assumes this is correct,but if they find something else during construction,then they can do something different to address the situation. r-1 Page 3 May 7, 2003 -Mr. Hughes asked about the potential surface contamination of ground water tables. Josh Evans replied that the runoff from the residential development will be treated in pre- treatment lakes prior to discharge into the recreational lake. Mr. Hughes then asked if motorized vehicles will be permitted on the lake. Mr. Anderson stated that it is a possibility. Mr. Hughes asked if any aquifers crossed the lake. Mr. Evans informed him that it doesn't cross the confining layer so it only interacts with the water table aquifer. -Paul Owen, Environmental Consultant from W. Dexter Bender&Associates, stated that none of the existing natural communities will be disturbed other than by the golf cart bridge. Barbara Burgeson asked about the Gopher Tortoises on site. Mr. Owen stated that there were some Gopher Tortoises seen on a burm a few years ago. The tortoises were not seen recently,but if they are spotted,then they will come up with a management plan. The burm will be preserved. -Mr. Hughes asked about the water supply for 3200 residents. Mr. Evans informed him that the water supply would be coming from the Collier North Regional Water Plant and adequate capacity was determined. n -Mr. Sansbury asked about water irrigation. Mr. Evans told him that there is a water use permit in the district that has been found sufficient; it will utilize a combination of surface water and the Lower Tamiami Aquifer. -Alexandra Santoro moved to approve the application. It was seconded by Mr. Humiston. All were in favor of the motion;the motion passed unanimously, 6-0. -Mr. Chrzanowski noted that there were some changes in command at the SWFL Water Management District office in Fort Myers. Ricardo Valera was present from this office. B) Planned Unit Development No. PUDZ-2002-AR-2433 "H D Development PUD" Section 21,Township 48 South,Range 26 East -There were no ex parte disclosures. -Mr. White swore in all those who were testifying. Page 4 May 7, 2003 -ReAnne Boylan,Environmental Consultant from Boylan Environmental Consultants, used a map and 8.5 photos to present the location site, (not provided to the court reporter). The site is 46.64 acres; 4.9acres are uplands and 41.7acres are wetlands. The applicant proposed a residential development. The impacts would be to 25.53 acres of wetlands. The applicant proposes to preserve 16.21 acres. All the wetlands on site have been invaded by Malucca. The best quality wetlands on site will be preserved and they are contiguous to the adjacent wetland preserve area. The preserve area also incorporates 6.74acres of the ST. The indigenous requirement for this project is 11.2acres and the applicant is preserving 16.21 acres. As an additional mitigation, they will preserve an additional 20acres; 18.67acres are wetlands and 1.33acres are uplands further upstream in the same wetland system. Mitigation will include removal of exotics,placement of the lands under a conservation easement, and a maintenance program. The conservation easement and the maintenance program will also apply to the on-site wetland preserve area. All of the wetland impacts have been permitted by the SWFL Water Management District. She reviewed a copy of the permit with the EAC, approved December 12,2002 -permit#11-02146-P. A listed species survey was done on the site. One potential Fox Squirrel daybed was observed. A management plan was prepared for the Fox Squirrel, which will be implemented prior to construction. -Fred Reischl,Planning Services stated that the staff review found the petition consistent with the GMP and compatible with surrounding land uses. -Alexandra Santoro moved to approve the petition. It was seconded by Mr. Humiston. All were in favor of the motion;the motion passed unanimously, 6-0. -Alexandra Santoro noted that originally she was concerned about the loss of preservation,but after reading the mitigation in the same flow-way, she concurred. She also concurred with the management plan for the Fox squirrel. C) Planned Unit Development No. PUDZ-2002-AR-3242 "Mandalay PUD" Section 16,Township 50 South,Range 26 East ,-� -There were no ex parte disclosures. Page 5 May 7, 2003 -The court reporter swore in all those who were testifying. -Barbara Burgeson informed the EAC that the engineer was not present. -ReAnne Boylan,Environmental Consultant, stated the location of the project site and its surrounding properties. The site is 25.08acres; 10.13acres are uplands and 17.93acres are wetlands. The wetlands include 5.35acres of Brazilian Pepper invaded Cypress,which are located in the northern portion of the site. The remainder of the wetlands are located in a slew system along the eastern property boundary. The project proposal includes a residential development. The project includes impacts to the 5.35acres of Brazilian Pepper/Cypress area and 0.36acres of impact to the periphery of the slew system. The total impacts are 5.71acres. Of the total wetlands, 12.22 acres will be preserved on-site along with 0.05acres of uplands. The plan includes the preservation of the best quality wetlands. These wetlands extend off-site to the northeast and eventually south under the road. The indigenous requirement for this project is 7acres and the applicant is preserving 12.27acres total. A SF permit has not been attained at this point,but preliminary calculations anticipate that any deficit in mitigation on-site through enhancement and management would be accommodated through the purchase of credits in a mitigation bank. A listed species survey was completed. One stick-nest was found is disrepair. They found no signs of Fox Squirrels or any other species. -Ray Bellows, Chief Planner with Current Planning, stated that the petition was reviewed for consistency with the GMP;residential uses are permitted in this area and the densities are consistent. Staff is recommending approval from a planning standpoint. He placed the community masterplan on the visualizer for the EAC to view. -Ricardo Valera, SF Water Management District, stated that they have not received an application for this project yet,but the discharge will be reviewed in the process. -Stan Chrzanowski stated that he received a lot of letters from the neighbors at Quail Hollow,who are concerned that this project will interrupt their drainage system and cause drainage problems. He explained that owner used to design the water irrigation to drain into the back woods. The owner, Mr. Cooper, was concerned that he would now have to handle the Quail Hollow retention. Mr. Chrzanowski stated that he assumed the district Page 6 May 7, 2003 would require a common swail between the two properties that will run the water to the preserve area. The decision would be made by the district. -Mr. White noted that the staff stipulation includes the deletion of section 5.6 of the PUD document,which is stormwater management. -Mr. Humiston asked if the stipulation meant that they would have to include the run-off. Mr. Chrzanowski stated that their submittal to the water management district will be under the districts requirements. Mr.Valera noted that they would consider the neighbors at the time of submittal. -Alexandra Santoro moved to adopt of the zone change and the PUD as shown with the stipulation that necessary permits are acquired. It was seconded by Mr. Hughes. All were in favor of the motion; the motion passed unanimously,6-0. V. Old business A)Rural Lands Stewardship Area Land Development Code Amendment(2.2.27) -Mr. Sansbury noted that his employer is a land owner and will be affected by these LDC requirements. Mr. Sansbury did not believe that any action he takes on this item will have a direct effect on those particulars rights in the area. He stated that if there were no objections, he would take part in the discussion and vote on this item. -Bill Lorenz,Environmental Services Director,reminded the EAC that they generally supported this amendment at their last meeting,but reserved the right to review the amendments prior to their final action before the BCC. The most current draft was provided to the EAC in their packet dated April 17, 2003. There were two changes to that draft and a meeting was being held to create another draft that will go before the CCPC on May 14, 2003. The BCC will hear this for the first time on May 21,2003 and then again on June 18, 2003. A number of issues have been worked through since the first draft. These amendments are the regulations that will go into the LDR and they implement the goals,objectives, &policies for the RLSA that was adopted by the county commission. These regulations were an attempt to define the process and clarify the language of the goals,objectives, &policies. One of the changes is that the provision of restoration for stewardship credits is now in a clearer,more precise language. Secondly, Page 7 May 7, 2003 some additional clarifying language concerning the restoration index was added. There is one outstanding issue; the provision that allows for proposals of SRA to modify provisions of the LDC. -Alexandra Santoro noted that the golf courses will also be reviewed by the FL Department of Environmental Protection and the EAC will be incorporated into the application process for receiving areas. -Mr. Lorenz noted that he would place the most current draft in the June 2003 EAC packet. -Alexandra Santoro made a motion to continue with the direction they gave last month in regards to the RLSA amendments. It was seconded by Ken Humiston. All were in favor of the motion;the motion passed unanimously, 6-0. VI. New Business A)Solid Waste Program Overview -(continued to June 4,2003) B) Code Enforcement Overview -Michelle Arnold,Code Enforcement Director, stated that she would provide an overview of what they do with code enforcement in regards to the Environmental aspects. Susan Mason,previously an enforcement officer,was present. The Code Enforcement Department is governed by the State Statute—Chapter 162,which identifies that once a violation is found, code enforcement must provide adequate notice to the violator and provide sufficient time to correct the situation. Code Enforcement works with the environmental staff in natural resources,engineering, and planning to determine corrective actions for violations. -Susan Mason,Natural Resources—former code enforcement officer,provided the EAC with a hand-out that described the process of environmental enforcement. Some of the environmental issues addressed by code enforcement are coastal zone management, endangered &listed species protection,prohibited exotic vegetation control, landscaping ordinances, sea turtle monitoring enforcement,water quality,vehicles on beach, Page 8 May 7, 2003 vegetation removal, and PUD stipulations. There are some cross-over issues with the regular investigators in the department, such as zoning issues, site improvement plans, etc.. Susan Mason used a flow Chart, (not provided to court reporter), that used vegetation removal for an example of a violation and the process followed to gain compliance. Once a complaint is received it is researched before a site visit is done. They then begin the investigation on site. Once on site, they determine whether or not there is a true violation. Then they provide an NOV if a violation is found,which outlines the section of the code that was violated,what was observed on-site, and providing instructions to correct the violation in a reasonable time-frame. If it is an STP in the process to be approved,there is the possibility of fines. If this is not the case,then mitigation plans are to be submitted to the county within 30 days. If the plan is rejected, the applicant is informed of the reason it was rejected and is to resubmit a new plan. If there is a lack of cooperation or the cooperation stops,then it could go to the courts or the code enforcement board. For environmental protection issues, it will primarily go before the code enforcement board for non-cooperation. Any mitigation is monitored for up to five years. After this point,the complaint is closed and the violation is considered abated. This same monitoring process is followed when the code enforcement board establishes a decision. -Mr. Hughes asked how Code Enforcement became aware of violations. Susan Mason informed him that patrolling is done,but the vast majority of violations are found through complaints from the staff or the public. -Alexandra Santoro asked what the timeframe was from the site visit to the point where they do or don't cooperate. Susan Mason told her that it has to do with the amount of contact and the size of the violation; small violations may be a month,but larger violations can take longer. If it is a larger violation, staff discusses the violation and the remedy with the consultant,once the consultant is found. -Mr. Sansbury asked if the enforcement officers were deputized. Susan Mason informed him that they were not. -Michelle Arnold added that the enforcement officers are busy, so they don't always have an opportunity to patrol. As a proactive step, staff has met with other environmental agencies and workforce to provide them with the information on what is considered Page 9 May 7, 2003 acceptable practices, etc... They have also met with associations, so that they as well are informed on the requirements. -Mr. Sorrell asked who provided tree trimming licenses. Michelle Arnold stated that this was done under the county contracting license department. -Mr. Hughes asked if code enforcement could use the information department at the county in order to create a consist document for questions of the public. Michelle Arnold stated that they do have a form that they distribute to the public,created with the natural resources department. A video was done by the public relations department and is available to the public. -Mr. Sorrell asked if the satellite on the county website was being used to find violations. Michelle Arnold informed him that they do use property appraiser's information to compare the site changes; yes they do utilize the data. VII.Council Member Comments -Barbara Burgeson informed the EAC that Susan Mason is now employed by the environmental resource department. Susan Mason was with code enforcement four the past four years. Barbara Burgeson added that Steve Lenberger will be the official liaison for the EAC in the future. VIII. Public Comments -There was no public comment. IX. Adjournment -There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 10:14AM. Collier County Environmental Advisory Committee Chairman Tom Sansbury Page 10 Item V.A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 4,2003 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUDZ-2002-AR-2357 Development Order Amendment No. DOA-2002-AR-2358 Petition Name: Parklands PUD/DRI Applicant/Developer: Parklands Developments, L.P. Engineering Consultant: Banks Engineering, Inc. Environmental Consultant: Butler Environmental, Inc. II. LOCATION: The subject property abuts the Lee County line to the north, and is located+/- 1 Y4 miles east of I-75, and 2 miles north of Immokalee Road (CR-846), in Section 9, Township 48 South, Range 26 East, Collier County, Florida. Neighboring properties include Quail West PUD to the west, Terrafina PUD to the south, Mirasol PUD to the east, and Parklands DRI and Parklands West DRI to the north. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are under construction on the north and west, and undeveloped to the east and south. Site Development Plans are in for review by the County for construction of the proposed flowway within Mirasol, Terrafina and Old Cypress Planned Unit Developments, to the east and south of the subject property. ZONING DESCRIPTION N - Lee County Partially Developed S - PUD (Terrafina) Undeveloped E - PUD (Mirasol) Undeveloped W- PUD (Quail West) Partially Developed EAC Meeting Page 2 of 8 IV. PROJECT DESCRIPTION: The petitioner is requesting to amend the existing Parklands PUD/DRI for the purpose of allowing for the conversion in the mix of multi-family units and single family uses, adding 9 holes of golf for a total of 27 holes, establishing an agreement to construct Logan Boulevard from its current terminus to Bonita Beach Road and revising the environmental issues including provisions for the flow-way and wetland preservation. The project will continue to be a residential project with 1,603 DUs, golf course, open space and recreational uses, preserve areas, and community facility uses. The acreage is decreased from 642.21 to 635.2. The gross density remains at+/- 2.5 dwelling units per acre. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban(Urban- Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this District permits a variety of residential unit types at a base density of 4 DU/A, subject to the Density Rating System (DRS); recreation and open space uses; and community facility uses. Review of the DRS yields the project eligible for a total of 4 DU/A. 4 DU/A Base Density 0 density bonuses or reductions 4 DU/A Total Eligible Density Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. Conservation & Coastal Management Element: The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation& Coastal Management Element, for the following reasons: Greater than 25 % of the existing native vegetation on-site will be retained and set aside as preserve areas with conservation easements prohibiting further development. The off-site mitigation parcel within the Corkscrew Regional Ecosystem Watershed (CREW)will be transferred to CREW with a conservation easement prohibiting development. EAC Meeting Page 3 of 8 The preserve area is interconnected to adjoining off-site preserve areas and wildlife corridors. Habitat management and exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be maintained free of Category I invasive exotic plants as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS)pursuant to policy 6.1.7 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document, with changes to the language in the PUD stipulated in this staff report. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement(EIS). Wildlife habitat management plans shall be required at the time of Site Development Plan/Construction Plan submittal. Copies of the EIS will be forwarded to the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) for their consideration. VI. MAJOR ISSUES: Stormwater Management: Parklands PUD is a proposed residential golf course community located on the south of the Lee/Collier County line, about 1.25 miles east of I-75, and 2 miles north of Immokalee Road. The site is located within the Cocohatchee Canal Basin. There are no County stormwater maintenance facilities in the vicinity of the project. The historic drainage pattern for the region is from northeast to southwest. The project and the adjacent communities drain to the Cocohatchee Canal. This natural drainage pattern will be maintained. The developed project will discharge to the proposed onsite preserve located along the eastern portion of the project and ultimately to the Cocohatchee Canal. The proposed drainage plan will be designed in accordance with South Florida Water Management District, and Collier County criteria. The proposed water EAC Meeting Page 4 of 8 1'--N management system will consist of a series of interconnected lakes which will provide water quality treatment for the entire project. An agreement has been reached to participate in discharging to the proposed Mirasol flowway system. The project will be directly connected to discharge to the Mirasol flowway. The proposed surface water management system has been designed to provide water quality treatment only. The project will discharge to the onsite preserve that is connected to the Mirasol flowway through a series of eight 10'wide weirs. These weirs will control the discharge for the region to 0.04 CFS/Acre; therefore, the flowway acts as the attenuation portion for the entire region. These weirs are spaced along the wetlands system and will allow flow reversal during peak flood times. Environmental: Site Description: The east half of the subject property is naturally vegetated and composed primarily of jurisdictional wetlands. The majority of the west half of the property is cleared with ongoing agricultural activities. Native plant communities on-site consist of hydric pine flatwoods, pine-cypress mix, cypress and palmetto prairie. Portions of the site are heavily invaded with Melaleuca, and this has been accentuated due to fire, which passed through the area about three years ago. The hydroperiod within the project site has been altered by activities on adjacent and surrounding parcels, particularly those located to the north and east, which were converted during the 1970's to agricultural use. This conversion included extensive pumping activities and the creation of berm/ditch systems along the perimeter of the project and internal to it. In addition, the construction of Olde Cypress development and existing mining activities at Mule Pen Quarry (located to the south and east of the subject property) resulted in an additional system of berms that served to re-direct sheet flow into a smaller restricted area. Sheet flow also backs up during the rainy season, from the berm along to the Cocohatchee Canal. Seasonal high water level or "control elevation" for the project has been set at elevation 13.5 feet, during permitting with the South Florida Water Management District (SFWMD). This places the seasonal high water at grade or slightly below grade in the preserve on-site. The Natural Resources Conservation Service (NRCS) Soil Survey of Collier County identifies the property as Malabar fine sand (Unit 3), Immokalee fine sand (Unit 7), Pineda fine sand, limestone substratum (Unit 14), Bassinger fine sand (Unit 17), Boca fine sand (Unit 21), Chobee, Winder, and Gator soils, EAC Meeting Page 5 of 8 depressional (Unit 22), Boca, Riveria, limestone substratum, and Copeland fine sands, depressional (Unit 25) and Holopaw fine sand (Unit 27). The majority of soils on-site are listed as hydric by the NRCS. Exhibit E in the Environmental Impact Statement (EIS) includes a map identifying the locations of the different soils on-site. Wetlands: The project site contains 291.03 acres of SFWMD/Collier County jurisdictional wetlands. Wetlands on-site consist of hydric pine flatwoods, cypress and hydric pasturelands. Upland areas (344.32 acres) consist of saw palmetto islands, active row crops and agricultural berms. The development plan will result in impacts to 148.99 acres of jurisdictional wetlands. As compensation for impacts to wetland resources, the applicant is proposing on-site as well as off-site mitigation. On-site mitigation will include restoration and preservation of approximately 142.04 acres of jurisdictional wetlands and 14.22 acres of uplands on-site. This 155.4 acre mitigation area is located in the eastern portion of the project, immediately adjacent to the proposed Cocohatchee/Mirasol flowway. As additional compensatory mitigation, the applicant will restore and preserve 321.89 acres of wetlands located off-site in Section 12, Township 48 South, Range 26 East, Collier County. This mitigation parcel has been chosen for its location within the Corkscrew Regional Ecosystem Watershed (CREW) project. The land will be transferred to CREW with $232,404 placed in escrow for perpetual maintenance of the site. Preservation Requirements: The subject property contains approximately 94.44 acres of native vegetation. As required by the Land Development Code, 25 percent (23.61 acres) of the existing native vegetation will have to be retained on-site. Previously cleared areas and areas with greater than 75% canopy coverage of Melaleuca were excluded form this calculation. The 155.4 acres identified for preservation on the PUD master plan exceeds the native vegetation preservation requirement for the project. Listed Species: n A listed species survey was conducted in July, September and October 2002, to update the existing survey completed in 1998-1999 by Turrell & Associates, Inc. EAC Meeting Page 6 of 8 Approximately 101 hours were spent on the project site performing the updated survey. A red-cockaded woodpecker (RCW) survey was conducted in 1999 by Southern Biomes, which did not find any RCW cavity trees or activity on-site. Listed species observed on site include wood stork (Mycteria americana), little blue heron (Egretta caerulea), snowy egret (Egretta thula) and white ibis (Eudocimus albus). Wood storks were observed perched in cypress trees along the perimeter of the vegetated portion of the project and in the agricultural ditches that traverse the site. The other listed species of wading birds were seen in the agricultural ditches on the property. The entire project is located within Florida panther habitat preservation area as shown on the Multi-Species Recovery Plan (USFWS 1999). Data provided from the U.S. Fish and Wildlife Service on Panther 28, documented the animal two times within 3 miles of the site in 2001. Nine additional locations of radio- collared panthers have occurred within 5 miles of the site. Additional listed species identified by the U.S. Fish and Wildlife Service (USFWS) as possibly occurring on-site include red-cockaded woodpecker (Picoides borealis) and Eastern indigo snake (Drymarchon corais couperi). Correspondence from the USFWS as well as the applicant's responses to the concerns of the agency, are included in the Environmental Impact Statement (EIS). VII. RECOMMENDATIONS: Staff recommends approval of Development Order Amendment No. DOA-2002- AR-2358 / Planned Unit Development No. PUDZ-2002-AR-2357 "Parklands PUD/DRI", with the following stipulations: Stormwater Management: 1. This project must obtain a surface water management permit from the South Florida Water Management District. 2. Petitioner shall define "Lake Top of Bank"in the PUD document. Environmental: 1. Replace the word"facilities" in sections 4.03(A)(5) and 4.03(B)(1)(b) of the PUD document, with the word"structures". /'N EAC Meeting Page 7 of 8 PREPARED BY: "D ,7 i /9/1270Yaf STAN CHRZANOW: , P.E. DATE ENGINEERING RE I W MANAGER . /<,-7, -o-L((,-- ‘' - ��e JULY C. ADARMES MINOR, P.E. DAT ENGINEER SENIOR I' 3j2o/ a STEPHEN LENBERGER DATE SENIOR ENVIRONMENTAL SPECIALIST /.7 ./.._ --- /4«y /? 2o3 RA ND V. BELLOWS DATE CHIEF PLANNER REVIEWED BY: i30A-hdAa- X61-- 5"=.7o- 0-3 BARBARA S. BURGESONJ DATE PRINCIPAL ENVIRONMENTAL SPECIALIST EAC Meeting Page 8 of 8 V;1 /'( IAM D. LOR Z, Jr., '.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR a di _iAiA4 (}0114a- 5"21-2 MARGAREj RSTLE, AICP DATE PLANNIN V.ERVICES DEPARTMENT DIRECTOR APPR e , ED BY: it' d/iS-2Z /.... SEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ----r° ADMINISTRATOR C: SUSAN MURRAY,AICP CURRENT PLANNING MANAGER Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 4, 2003 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUDZ-2002-AR-3011 Petition Name: Tuscany Cove PUD Applicant/Developer: A.R.M Development Corp. of S.W. Fl, Inc. Engineering Consultant: RWA Consulting Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The project is located on the east side of Collier Boulevard (State Road 951) approximately 1/4 mile south of Immokalee Road in Section 26, Township 48 South, Range 26 East, Collier County, Florida. It consists of 78.07 acres of undeveloped land and 2 home sites which are near the southwest corner of the property. The project site has historically been used for cattle ranching and timber logging, but it is currently wooded with the exception of the home sites. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels. ZONING DESCRIPTION N - A(Rural Agricultural) Active nursery A with Conditional Use Driving Range S - PUD (Crystal Lake) Recreational Vehicle park E - PUD (Outdoor Resorts) and A Undeveloped Recreational Vehicle park and undeveloped agricultural land W - Collier Boulevard ROW West of Collier Boulevard is the Pebblebrook residential subdivision EAC Meeting Page 2 of 7 IV. PROJECT DESCRIPTION: The Tuscany Cove PUD proposes a maximum of 500 residential dwelling units on 78 acres of land for a gross density of 6.4 dwelling units per acre. In addition, preserves, recreational facilities and water management lakes are proposed. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban(Urban - Mixed Use District, Urban Residential Subdistrict), and is within a residential density band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions; recreation and open space uses and Assisted Living Facilities. Review of the Density Rating System yields the site is eligible for a base density of 4 DU/A. The subject property is located within a residential density band and is eligible for a density bonus of up to 3 residential units per gross acre, yielding a total eligible density of 7 DU/A. Base Density 4 du/a Density Bonus +3 du/a Total Eligible Density 7du/a Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: The proposed project is consistent with Policy 6.1.1 for the following reasons: 1. The preservation requirement of 25 percent of the existing native vegetation is being met through retained and re-planted on-site preserve areas. 2. A preliminary restoration plan for the preserve areas is included in the Environmental Impact Statement (EIS). This plan will be finalized at the time of Development or Construction Plan approval. 3. Connectivity of on-site preserve areas to adjoining wetlands systems is being maintained. n The project is consistent with Policy 6.1.4 in that an exotic vegetation removal and maintenance plan has been submitted with the EIS and will be finalized at the time of Development or Construction Plan approval. EAC Meeting Page 3 of 7 The requirement for an EIS pursuant to policy 6.1.7 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits are required at the time of Development or Construction Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, the required preservation areas have been identified on the PUD master plan. Allowable uses within preserve areas are included in the PUD document. In accordance with policy 7.1.2, a wildlife survey for listed species was conducted for the project and included in the EIS. The best suitable habitat for protected species is proposed to be preserved. Wildlife habitat management plans will be required at the time of Development or Construction Plan approval. Copies of the management plans will be forwarded to the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission(FFWCC) for their review and comment at that time. VI. MAJOR ISSUES: Stormwater Management: The site is located within the 951 Canal North Basin according to the Collier County Drainage Atlas. The proposed drainage system consists of culverts that route the stormwater runoff to two proposed lakes, which provides water quality retention and peak flow attenuation prior to discharge into the 951 Road Canal. The discharge rate will be limited to 0.15 cfs/acre in accordance to Ordinance 90-10 as amended. The stormwater management system as proposed meets the SFWMD and Collier County minimum criteria. There are no County stormwater maintenance facilities in the vicinity of the project. Environmental: Site Description: The subject property consists of both wetland and upland habitats. Vegetative communities on site include pine, pine flatwoods, pine/cypress/cabbage palm, Melaleuca n and disturbed land associated with 2 single-family homes. A more detailed description of the non-wetland habitats can be found on page 14 of the EIS. EAC Meeting Page 4 of 7 Seasonal high water elevations were determined using biological indicators such as lichen lines on cypress and adventitious rooting on Melaleuca. The range of seasonal high water levels is estimated to be from 12.68 feet NGVD to 12.89 feet NGVD. The historical high water level is estimated to be 13.0 feet NGVD. Five soil types are found within the subject property as mapped by the Natural Resource Conservation Service (NRCS). The 2 non-hydric types are Pineda Fine Sand and Urban Land-Matlacha-Boca Complex and the 3 hydric types are Pineda Fine Sand, Limestone Substratum; Riviera Fine Sand, Limestone Substratum; and Boca Fine Sand. A detailed description of each soil type is found in Exhibit E of the EIS,page E-1. Wetlands: There are 7.28 acres of jurisdictional wetlands on the subject property which is 9.3 percent of the entire site. These wetlands consist of 4.88 acres of Melaleuca, 1.92 acres of pine-cypress with varying degrees of Melaleuca infestation and .48 acres of disturbed land. A more detailed description of the habitat types can be found on page 9 of the EIS. Half of the wetlands (3.65 acres) are proposed to be impacted by filling and excavating with the development of the project. The remaining wetlands will be enhanced by exotic vegetation removal and replanting with native species. The South Florida Water Management District (SFWMD) has preliminarily determined that restoration of the wetlands and some uplands to be preserved on-site will serve as mitigation for the wetlands to be impacted. Preservation Requirements: There are 29.88 acres of viably functioning native vegetation within this project site (vegetated areas with less than 75 percent canopy coverage of exotics). As required by Collier County environmental ordinances, this project is required to retain a minimum of 25 percent or 7.47 acres of viable native vegetation or mitigate for that same area per Section 3.9.5.5.3 of the LDC. The master plan and PUD document describe 7 areas that would meet this requirement. Three of the areas would consist entirely of retained vegetation, 2 areas would be a combination of retained and recreated vegetation and 2 would be areas of entirely recreated native vegetation. All 7 areas will be designated as preserves. Listed Species: A wildlife survey of the subject property was conducted in April and June of 2002 using field methodology that met Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines (see Exhibit F in the EIS). The survey was performed to locate and document any listed wildlife and plant species that may occur on the project site. No listed wildlife species or signs of were observed on the property. EAC Meeting Page 5 of 7 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2002-AR-3011 "Tuscany Cove PUD"with the following stipulations: Stormwater Management: 1. This project must obtain a surface water management permit from the South Florida Water Management District. 2. At the time of Preliminary Subdivision Plat, it shall be clarified if the backyard swales are designed for water quality or just conveyance. The Land Development Code prohibits backyard swales for water quality. (Section 3.2.8.3.26). 3. At the time of construction plans review, petitioner shall verify that peak stages do not cause adverse off-site impacts to neighboring developments. 4. The project shall evaluate any offsite flows that may be coming onto the property from adjacent properties and analyze them to ensure that there is sufficient capacity that will prevent flooding or cause adverse surface water conditions to the adjacent property owners. This information shall be provided at the time of construction plans review. Environmental: No additional stipulations. EAC Meeting Page 6 of 7 PREPARED BY: 134,,Y STAN CHRZANOW KI, P.E. DATE ENGINEERING IEW MANAGER Al a. J�� 20 03 .:cam ADARMES MINOR, P.E. DATE ENGINEER SENIOR iC . fLov- 5f/C/03 LAURA A. ROYS DATE ENVIRONMENTAL SPECIALIST 5:/5. F ATP ISCHL, AICP DATE PRINCIPAL PLANNER EAC Meeting Page 7 of 7 REVIEWED BY: ..Af. '-fJu. 62 5-20- 03 BARBARA S. BURGESON ( DATE PRINCIPAL ENVIRONMENTAL SPECIALIST 1 ' -�+, Os- Zano3 .,11/ LIAM D. LOREN , Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR , A/it- 512-/-(i3 ,� M G is WUERSTLE, AICP DATE PLANNIN ERVICES DEPARTMENT DIRECTOR APPROVED BY: if/ / SEP'f K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR (-4° C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER Item V.C. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 4, 2003 I. NAME OF PETITIONER/PROJECT: Petition No.: PUD-2002-AR-2475 Petition Name: Falling Waters PUD Applicant/Developer: Bayswater Falling Waters LLC Engineering Consultant: Butler Engineering, Inc. Environmental Consultant: Coastplan Inc. (Original EIS) Boylan Environmental Consultants, Inc. and Calusa Coast Ecologists, Inc (updated EIS) II. LOCATION: n The subject property is located on the south side of Davis Boulevard immediately west of the intersection of Santa Barbara Boulevard and Davis Boulevard in Section 8, Township 50 South, Range 26 East, in Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are partially developed with the following zoning classifications: ZONING DESCRIPTION N - R.O.W Davis Boulevard, Berkshire Lakes PUD S - R.O.W Cope Lane Estates Single family homes E - C-4, C-2 Undeveloped Agriculture Undeveloped Estates Single family W - Estates Single family Estates—CU Sunrise Academy Estates—CU Collier County Facilities EAC Meeting Page 2 of 8 IV. PROJECT DESCRIPTION: The subject petition proposes to amend the Falling Waters PUD, which is currently approved for 799 dwelling units, by increasing the acreage from 134.04 acres to 161.54 acres; adding 22.5 acres of preserve area and 5.0 acres of developable residential area. a" 3 J. kZ ... ,C,, ,7...t .. ot vT i n -...1.,,,,,,,-.1,,#: V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), and is within a residential density band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Review of the Density Rating System yields the site is eligible for a base density of 4 dwelling units per acre. The subject property is located within a residential density band and is eligible for a density bonus of up to 3 residential units per gross acre, yielding a total eligible density of 7 dwelling units per acre. This residential PUD was originally approved for 799 total dwelling units or 6 n dwelling units per acre, the petitioner states, "Although the residential portion of the PUD is being expanded, the total number of units will remain unchanged". Although EAC Meeting Page 3 of 8 the proposed amendments do not change the projects total number of units, the proposed amendments result in a decrease in the total number of dwelling units per acre from 6.00 to 4.95. Based upon the above analysis, staff concludes the proposed PUD amendments can be deemed consistent with the Future Land Use Element. 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 swales and a lake connected to a preserve to provide water quality retention and peak flow attenuation during storm events. The proposed project is consistent with Policy 6.1.1 in that greater than 25% of the existing native vegetation will be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. These preserve areas emphasize the protection of wetlands in a large contiguous area, in accordance with this Policy. The project is consistent with Policy 6.1.4 in that an invasive exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document. The requirement in Policy 6.1.7 to provide an Environmental Impact Statement has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Per the PUD document, agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. EAC Meeting Page 4 of 8 In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD master plan. Allowable uses have been identified in the PUD document. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement. Copies of the EIS have been forwarded to the U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission for their review and comment. VI. MAJOR ISSUES: Stormwater Management: The site is located within the Lely Canal Basin. There are no County stormwater maintenance facilities in the vicinity of the project. Environmental Site Description: The subject property is a previously approved PUD with small isolated on-site preserves north of Cope Lane and larger wetland preserves to the south side of Cope Lane. The proposed changes will exclude many of the smaller isolated preserves within the developed portions of the PUD from the declared preserves and will provide additional areas south of Cope Lane. The proposed preserves will provide for a more contiguous flow way, which connects wetlands in the region and provides for a greater functioning wetland habitat. Vegetative communities within the additional 27.5 acres consist of hydric pine flatwoods, wetland forests; melaleuca invaded cypress, mixed wetlands hardwoods and disturbed lands that were previously cleared jurisdictional wetlands. The petitioner is required to preserve 40.5 acres to fulfill that 25% native vegetation requirement and required to preserve 50.5 to include mitigation for wetlands. The State permit will require restoration of the impacted areas above the 40.5 acres and will be planting those areas in accordance with the State standards for wetland restoration. Seasonal high water levels were determined using onsite biological indicators such as lichen and water lines and information required to obtain their SFWMD permit. The elevations approved by their State permit identified the seasonal high water levers at 9.0 NGVD. There are two soil types on site. They are Pineda fine sand, limestone substratum and Boca fine sand. The Pineda fine sand is a hydric soil and the Boca fine sand is typically not. For the full description of the soil types see the EIS. EAC Meeting Page 5 of 8 Wetlands: Of the 27.5-acre addition to this PUD, 25.59 acres (93%) have been determined to be South Florida Water Management District/Collier County jurisdictional wetlands. These wetlands are made up of mixed wetlands forest, hydric pine flatwoods, and a jurisdictional area that was previously cleared. The additional development areas, as proposed, will impact 3.09 acres (12%) of jurisdictional wetlands on site without impacting the Special Treatment Overlay. Preserving, enhancing and restoring 22.5 acres of wetlands onsite will compensate for the impacts to jurisdictional wetlands. Preservation Requirements: As required by the previously approved Falling Waters PUD there was a commitment to preserve 33.6 acres on the previous PUD. In addition to that, twenty-five percent of the additional 27.5 acres of native vegetation (a minimum of 6.9 acres) is required to be retained on site. The total requirement for this site is a minimum of 40.5 acres of native vegetation preservation. On site wetland preserves stand at 3.0 acres in three areas. The existing wetland preserves south of Cope Lane are comprised of 24.9 acres. Approximately 13 acres of native vegetation exists on the newly proposed tracts. This fulfils the native vegetation requirement however additional restoration of the exotic invaded wetlands and previously cleared wetlands will be required to mitigate for the on site wetland impacts. Listed Species: Environmental Scientists from Boylan Environmental Consultants, Inc conducted field investigations of the site to document State and Federally listed species at various times during the spring and summer of 2002. No signs of protected species were observed on the parcel. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2002-AR-2475 "Falling Waters PUD"with the following stipulations: Stormwater Management: 1. A copy of the South Florida Water Management District Surface Water Management Permit or Environmental Resource Permit must be submitted to the n Engineering Review Department of the Community Development Division prior to Site Development/Construction Plan approval. EAC Meeting Page 6 of 8 n Environmental: 1. Amend the PUD document as follows: A. Replace the Preservation acres in the Land Use Chart on page 2-2. The document says 47.41 and it should say 50.59. B. Replace the Word Conservation in the Land Use Chart on page 2-2 with the word Preservation. C. Where the PUD document identifies the Preservation areas they shall all be called Preservation areas or Preserves for consistency. D. Add the Preserves setbacks to the minimum yards in 3.4 B. The setbacks shall identify a 25 ft setback for principal structures and 10 ft setback for accessory and site improvements, in accordance with the Preservation standards in the LDC. E. Add the following language to the end of 4.2.A.3 and 4.2.A.4, "and the Collier County Environmental review staff' F. Add the following language to section 4, "A preserve management plan shall be provided at the time of the next development order submittal, in accordance with the CCGMP, to identify the management and annual maintenance requirements for all preserves within the PUD." G. Replace the first sentence in 5.9 B with the following language, " the PUD shall retain a minimum of 40.5 acres of native vegetation to fulfill Collier County's native vegetation retention requirement. This PUD is required to preserve an additional 10.09 as a requirement of the State wetland permit for mitigation to wetlands on site. The total preservation requirement for this PUD shall be 50.59 acres. Any restorations above the 40.5 acres may be completed in accordance with the State permit conditions, which may use smaller plant materials than the County requires,because it is above the minimum requirement for the County's native vegetation preservation." H. Delete the last sentence in 5.9 D. I. Replace the acreage numbers in 5.9 E as follows. Delete "33.6" and replace it with"a minimum of 50.59". J. Revise the Preservation acreage on the PUD Master Plan to read 50.59. I EAC Meeting Page 7 of 8 PREPARED BY: Ai f / Z0/119YO3 'AN CHRZANOWS ,�A P.E. DATE ENGINEERING REV Iron MANAGER te /174-yi 2'Ci A op 3 L, C. ADARMES MINOR, P.E. DATE ENGINEER SENIOR /p l co--- 5-2.d — c,3 BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST 4111111111/1: /, .1-1c2c) n__..3 F'a ISCHL DATE PRINCIPAL PLANNER REVIEWED BY: 'i ti JAM D. LO' ' Z, Jr., '.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR r'N EAC Meeting Page 8 of 8 / kulAAL .C—al--. 3 MARGARET RSTLE, AICP DATE PLANNING RVICES DEPARTMENT DIRECTOR APPROVES :Y: Arg , ze___________ /r f-2 Z JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER III 1 Draft 5/7/2003 6:14 PM Rural Lands Stewardship Area (RLSA) Implementing Land Development Code Amendments 2.2.27. RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT- STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS) 2.2.27.1. Purpose and Intent 1 2.2.27.2. Definitions 1 1. Baseline Standards 1 2. Compact Rural Development (CRD) 1 3. Designation 1 4. FSA Flow way Stewardship Area 1 5. Hamlet 2 6. HSA -- Habitat Stewardship Area 2 7. Land Use- Land Cover Indices 2 8. Land Use Layer (Layer) 2 9. Land Use Matrix (Matrix) 2 10. Listed Species Habitat Indices 2 11. Natural Resource Index (Index) 2 12. Natural Resource Index Map Series (Index Maps) 3 13. Natural Resource Index Value (Index Value) 3 14. Open Space 3 15. Post Secondary Institution Ancillary Uses 3 16. Proximity Indices 3 17. Restoration Potential Indices 3 18. RLSA District 3 19. RLSA Overlay Map 3 20. RLSA District Regulations 3 21. Soils/Surface Water Indices 4 22. SRA 4 23. SSA 4 24. Stewardship Credit (Credit) 4 25. Stewardship Credit Database 4 26. Stewardship Credit System 4 27. Stewardship Credit Worksheet 4 28. Stewardship Overlay u, bell.' at:. 5 29. Town 5 30. Village 5 31. WRA-Water Retention Area y A MEM 2.2.27.3 Establishment of RSLA Zoning Overlay District MAY 2 .1 2003 TAL#528911.4 1 l (-C Pt ORIGIN: Community Development and Environmental Services Division AUTHOR: Susan Murray, AICP, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE: LDC 2.34 LDC SECTION: Section 2.2.8. Residential tourist ditrict (RT) specifically 2.2.8.4.5. CHANGE: Clarify the intent of the method to calculate residential density. REASON: Clarification of applicability. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATION: None GROWTH MANAGEMENT PLAN IMPACT: None 2.2.8.4.5. Maximum densis permitted. For properties located within an activity center or if the RT zoning wain existence at the time of adoption of this Code: A ma*imufwof 26 units per a. e for hotels and motels, and 16 units per acre for timeshares and multifamily uses •^ - - - - . • • - - - - ' '" ' - = • existence at the time of.rid de. For properties located outside an activity center or if the RT zoping was not in existence at the time of adoption of this Code: Density shall be determined through application of the density rating system as set forth in the growth management plan, up to a maximum of 16 units per acre. When-located • - - - , . . . . .. - - . . per-acre. 'he calculation of density shall based on the land area defined by a lot(s) of record. tiny project,which received approval at a public hearing prior to July 1, 2000,, shall not be deemed to be nonconforming as a result of inconsistency with density limit ions. AGENDA ITEM No. MAY 21 2003 Draft 5/7/2003 6:14 PM A. RLSA District Zoning Map 6 B. Additional Land Designations With the RLSA District 7 1. Establishment of SSA Designations 7 2. Establishment of SRA Designations 7 2.2.27.4. Establishment of Land Uses Allowed in the RSLA District 7 2.2.27.5 Establishment of a Stewardship Credit Database 7 2.2.27.6. Authorization to Establish a Stewardship Credit Trust 7 2.2.27.7. General 7 A. Creation of Stewardship Credits/General 8 B. Transfer of Stewardship Credits/General 8 C. Allocation of Stewardship Credits/General 8 2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation 8 A. Private Lands Delineated FSAs, HSAs, and WRAs 8. B. Private Lands Delineated as Open 8 C. Area of Critical State Concern (ACSC) 8 D. Public or Private Conservation Lands 9 E. Baseline Standards 9 F. No Increase in Density or Intensity in excess of Baseline Standards 9 G. Lands Within RSLA District Not Designated SSA or SRA Subject to Special Environmental Standards 9 2.2.27.9. SSA Designation 9 A. Lands Within the RLSA District that can be Designated as SSAs 9 1. May be Within an SRA Boundary 9 2. FSA Delineated Lands 9 3. HSA Delineated Lands 10 4. WRA Delineated Lands 11 B. SSA Credit Generation - Stewardship Credit System 12 1. Early Entry Bonus Credits 12 2. Credit Worksheet 12 3. Natural Resource Indices and Values 12 a. Natural Resource Indices 12 b. Index Values i3 (1) Slough/Strand Index Score Upgrade 13 c. Index Map 13 d. Restoration Potential Index 13 e. Restoration Stewardship Credits 13 4. Land Use Layers to be Eliminated 15 a. Land Use Layers 15 b. Land Use Matrix 15 5. Matrix Calculation 16 C. SSA Designation Application Package is 1. SSA Designation Application 1 ENDAMN 2. Application Fee MAY 2.1 2003 TAL#528911.4 11 Pg. 1 1 Draft 5/7/2003 6:14 PM 3. Natural Resource Index Assessment 17 4. Support Documentation 17 5. SSA Credit Agreement 18 6. Public Hearing for Credit Agreement 19 7. Recording of 8117A Memorandum 19 8. Stewardship Easement Agreement or Deed 20 D. SSA Application Review Process 20 1. Preapplication Conference with County Staff 20 2. Application Package Submittal and Processing Fees 20 3. Application Deemed Sufficient for Review 20 4. Review by County Reviewing Agencies 21 5. Designation Review 21 6. Designation Report 21 E. SSA Application Approval Process 21 1. Public Hearing 21 2. Legal Description 21 3. Update the RLSA Overlay Map and Official Zoning Atlas 22 F. SSA Amendments 22 2.2.27.10.SRA Designation 22 A. Lands Within the RLSA ::D str that can be Designated as SRAs 22 1. Suitability Criteria 23 2. SRAs Within the ACSC 23 '1 B. Establishment and Transfer of Stewardship Credits 24 1. Transfer of Credits 24 2. Stewardship Credit Exchange 24 3. Public Benefit Uses 24 4. Mixed Land Use Entitlements 25 C. Forms of SRA Developments 25 1. Towns 25 2. Villages 25 3. Hamlets 26 4. Compact Rural Developments (CRDs) 26 a. Size of CRDs limited 26 b. CRDs within the ACSC 26 5. Proportion of Hamlets and CRDs to Villages and Towns 26 6. SRAs as Part of a Development of Regional Impact (DRI) 27 D. SRA Designation Application Package 27 1. SRA Designation Application 27 2. Application Fee 27 3. Natural Resource Index Assessment 27 4. Natural Resource Index Assessment Support Documentation28 5. SRA Master Plan 28 6. SRA Development DocumentUAGENDA 7. SRA Public Facilities Impact Assessment Report ...2 8. SRA Economic Assessment Report ...29 MAY 2 2003 TAL#528911.4 111 Pg. 1 g Draft 5/7/2003 6:14 PM 9. Stewardship Credit Use and Reconciliation Ap•lication 29 101Condit o al.SRA, estcgna i 1-9-1 SRA Credit Agreement 30 E. SRA Application Review Process 31 1. Pre-Application Conference with County Staff 31 2. Application Package Submittal and Processing Fees 31 3. Application Deemed Sufficient for Review 32 4. Review by County Reviewing Agencies 32 5. Staff Review 32 6. Staff Report 32 F. SRA Application Approval Process 32 1. Public Hearings Required 32 a. Public Hearing Before EAC, recommendation to the BCC 32 b. Public Hearing Before CCPC, recommendation to the BCC32 c. Public Hearing Before the BCC, Resolution Approved 33 2. Update Stewardship Credits Database 33 3. Update the Official Zoning Atlas and the RLSA Overlay Map 33 4. SRA Amendments 33 a. Waiver of Required SRA Application Package Component(s) 33 b. Approval of Minor Chan•es by the Administrator 33 m Relationship to Subdivision or Site Development Plan Approval 34 G. Master Plan 34 1. Master Plan Requirements 34 2. Master Plan Content 35 H. Development Document 35 I. DRI Master Plan 37 J. Design Criteria 37 1. SRA Characteristics 37 2. Town Design Criteria [Reserved] 38 3. Village Design Criteria [Reserved] 38 4. Hamlet Design Criteria [Reserved] 38 5. CRD Design Criteria [Reserved] 38 6. Design Criteria Common to SRAs 38 7. Infrastructure Required 39 8. Requests for Deviations from the LDC 40 K. SRA Public Facilities Impact Assessments 40 1. Transportation 40 2. Potable Water 41 3. Irrigation Water 41 4. Wastewater 41 5. Solid Waste - a� 6. Stormwater Management 424GENDA nlEm ✓ L. SRA Economic Assessment •••••4 MAY 2 1 2003 TAL#528911.4 1V 19 „. Draft 5/7/2003 6:14 PM 1. Demonstration of Fiscal Neutrality 43 a. Collier County Fiscal Impact Model 43 b. Alternative Fiscal Impact Model 43 2. Monitoring Requirement 43 3. Imposition of Special Assessments 43 4. Special Districts Encouraged 43 2.2.27.11. Baseline Standards [Reserved] 43 rPAGENDA! No. MAY 2 1 2003 TAL#528911.4 V g,L6 T , Draft 5/7/2003 6:15 PM ' 2.2.27. RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT REGULATIONS 2.2.27.1 Purpose and Intent. The purpose of this section (the RLSA District Regulations) is to create a Rural Lands Stewardship Area Zoning Overlay District (RLSA District) to implement the incentive based Collier County Rural Lands Stewardship Area Overlay (RLSA Overlay) established within the County's Growth Management Plan (GMP). It is the intent of the RLSA District and the RLSA District Regulations to protect natural resources and retain viable agriculture by promoting compact rural mixed-use development as an alternative to low-density single use development, and to provide a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. 2.2.27.2 Definitions. As used in the RLSA District Regulations, ® terms �.,, shall have the following meanings: 1. Baseline Standards — Baseline Standards are the permitted uses, density, intensity and other n land development regulations assigned to land by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in Final Order AC-99-002, and subject to the further provisions of Wgection 2.2.27.8, that remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. 2. Compact Rural Development (CRD) — Compact Rural Developments are a form of SRA that provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD without permanent residential housing is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary to support permanent residents. 3. Designation — Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. 4. FSA— Flow way Stewardship Area — Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA. AGENDA ITEM No. TAL#528911.4 1 MAY 212003 Pg.2. I Draft 5/7/2003 6:15 PM 5. Hamlet— Hamlets are a form of SRA and are small rural residential areas with primarily single- family housing and a limited range of convenience-oriented services. Hamlets serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. 6. HSA— Habitat Stewardship Area — Privately owned ' p , delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. n o r I!n yes �fu o a wl valuesss'gnecltbas a®. land se nd lan® aha rnippe din ` e�Flora an s =o andorm� Cfass�frcat e�. s e, LU (Florida`�I epart e i rensportat o '19 «. r pur°pi�se ®f'asslgrtI - a land c©d. a ate 6 roui'pttlftis llo (Cods ~® 3 ' -u� 2�1`�o�C1es 3 ; 425,434V459,42$ a " 4 2 ,2 - . . 2 .M' 3O., 2 e 8. Land Use Layer (Layer) — Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. 9. Land Use Matrix (Matrix —The tabulation of the •ermitted and conditional land uses within the Baseline Standards = `-:,' - = _ g. dx°; with each Land Use Layer displayed as a single column. v�...€..c,�� � t�X ....,�3.5 � it.. ..- �� ,� �. � ,'.. � ' � .� , nod ;: W = ="'.< '�`r> "r BB. :S. rrr ^� t�` r"tea s" t ucs� .. r c ,t .... ..... ' °t. '' $ �T 11. Natural Resource Index (Index) —A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, Sending Area Proximity, Listed Species Habitat, Soils/Surface Water, Restoration /-•\ Potential, and Land Use/Land Cover. AGENDA ITEM Na TAL#528911.4 2 MAY 2 1 2003 Draft 5/7/2003 6:15 PM 12. Natural Resource Index Map Series (Index Maps) — the Rural Lands Study Area Natural Resource Index Map Series adopted as part of the FLUE. 13. Natural Resource Index Value (Index Value) —the sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six characteristics included in the Index. 14. Open Space — Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves, landscape areas public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and--off-street parking and loading areas shall not be counted as part of any open space calculation. 15. Post Secondary Institution Ancillary Uses — An use or facili owned ee =� m by a public or private post secondary institution m - that is of a type commonly found on public or private post secondary institution campuses. „ ' It1®r e �m r L� Y��. a ��{� 1,v,'44 Via , :bE wi �,, e'dWlt � �� a : on� h Ae ase : o oxim Overlayap as'F A HSA,'o'"WRA and to erthe ubli 'b'i ateree- 141; ® to O nt In s a po • ® isin �� ^ e o .gin o a u assigned based bot l pot th �poten is eat a � an historic s r cha t`er o the acid `"a larciegmamma corr dory 6n -' lan d ry iz ' 18. RLSA District — Rural Lands Stewardship Area Zonin Overlay District — The area L ' depicted on the Future Land Use Map and spa >.macMeprd e inn the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee Coun Line, and south and west of the Hendry County Line. • 19. RLSA Overla Ma• — The ma• identifies the geographic extent of the RLSA District, including those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open. 20. RLSA District Regulations—Collier County Land Development Code Section 2.2.27. AGENDA ITEM No. MAY 21 2003 TAL#528911.4 3 pt. 9N3 Draft 5/7/2003 6:15 PM " :Its Suri +ce bt Induced i omp �s �` Value of land with values assiane l a et o soi1t ee classrft `n ollowi Soilsk Landscape lPositions i(NSLP)c tec oriel pens 1J ater and Much Depression Soifgit Catea`ores l :and-F`5 :{sand§Depressi f ails(NSLP Cateaov)„Fla taiat(NSL' Ca `as and?'Ngo'ri-Hydric Soils (NStF� �eao: a 22. SRA— Stewardship Receiving Area—A designated area within the RLSA District that has been approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits. 23. SSA— Stewardship Sending Area — A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. 24. Stewardship Credit (Credit) — A transferable unit of measure generated by an SSA and - -- consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in ; -;. ; -ction 2.2.27.10.C. 25. Stewardship Credit Database—A database maintained by the County that keeps track of all of the credit transactions (generation of Credits through SSA designation and the consumption of credits through SRA designation) approved by the County. 26. Stewardship Credit System—A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher degree of preservation, the greater the number of credits generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. 27. Stewardship Credit Worksheet — An analytical tool that manually describes the Stewardship Credit calculation process including the Natural Resource Index and Land Use Layer components. The worksheet can be used to document proposed changes to the Index component during the SSA and SRA designation processes. 28 Stewardship Overlay es•natio - .,. �n hof n��ceSc�m•n �n ,� tso e- ! n• a �o a .� it a a sia ased upo .tiie desigr do lan h :RLSA Overlay 29.Town —Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provid = • ;r;,,77 land uses to reduce automobile trips and increase livability. Towns are comp .ed severa TAL#528911.4 4 MAY 2;1 2003 pgp Draft 5/7/2003 6:15 PM Villages and/or neighborhoods that have individual identity and character. 30. Village—Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. 31. WRA— Water Retention Area — Privately owned a acs ands delineated on the RLSA Overlay Map, that have been permitted by the South Florida Water Management District to function as agricultural water retention areas and that provide surface water quality and other natural resource value. 2.2.27.3 Establishment of RLSA Zoning Overlay District. In order to implement the RLSA District Regulations, an RLSA District, to be designated as "RLSAO" on the Official_Zoning__ Atlas, its hereby established. A. The lands included in the RLSA District to whit tie and ® 6 - Y pp are depicted by the following map: AGENDA REM Na MAY 21 2003 TAL#528911.4 5 5 Pg. a Draft 5/7/2003 6:15 PM Rural Lands Stewardship Area (RLSA) Zoning Overlay District R 28 E 1 R 29 E I R 30 E HENDRY COUNTY . . ///, , // i //// / / 7 1-- z / „ 4\$&," ' 1' . / . '1 /1/ —I CO ; /i / i c0 w /// //// //. 02 V, F— 0 pr/ct / IV' VO < ALEE // / / // ,-/r .. c/, j, i / / i V f o :U y / .R 8 % ® 00 CO / i, /1/ ,* / , / : / / , / , N // .' , CT2 CO w I� e / LEGEND RURAL LANDS AGENDA ITEM $ STEWARDSHIP AREA ��veils OVERLAY o � z Ell _ - 75 MAY 212003— R 28 E 1 R 29 E 1R 30 E pcgCP • Draft 5/7/2003 6:15 PM B. Within the RLSA District, additional lands may be designated to implement the Stewardship Credit System as follows: 1. Establishment of SSA Designations. An RLSA District classification to be known as SSAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO- SSA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the Board of County Commissioners (BCC) as SSAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 2. Establishment of SRA Designations. An RLSA District classification to be known as SRAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO- SRA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the BCC as SRAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 2.2.27.4. Establishment of Land Uses Allowed in the RLSA District. Land uses allowed within the RLSA District are of two types: those allowed in the Baseline Standards prior to designation of SSAs and SRAs, and; those uses provided for in SSAs and SRAs after designation. The underl ing land uses allowed within the RLSA District are included in the Baseline Standards. . a U o •esiQ at •n o ° pan® ` °s •urs nopt e LSA,Bistrlo - •t ®:;• s s rise allowed s ialtbrgs proivided<in Sections;2.2.27ry.9 B and 2.2 .- . . spec# 2.2.27.5. Establishment of a Stewardship Credit Database. As part of the initial implementation of the RLSA Overlay, the Community Development and Environmental Services Administrator (Administrator) shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an electronic form that can be linked to the RLSA Overlay Map and can readily produce reports that will afford convenient access to the data by the public. The database shall be updated upon approval of an SSA or SRA Designation Application and Credit Agreement. 2.2.27.6. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing herein shall preclude the County from permanently "retiring" any such credits. 2.2.27.7. General. Except as provided in Subsections 2.2.27.8.E., F. and G., there shall be no change to the underlying density and intensity of permitted uses of land within the RLSA District, as set forth in the Baseline Standards, until a property owner ele • 7.1 - provisions of the Stewardship Credit System pursuant to the provisi ,ns paf Section TAL#528911.4 7 MAY 21 2003 p.0 • Draft 5/7/2003 6:15 PM 2.2.27.9.B. No part of the Stewardship Credit System shall be imposed upon a property owner without that owner's written consent. It is the intent of the RLSA District Regulations that a property owner will be compensated consistent with Policy 3.8 of the RLSA Overlay for the voluntary stewardship and protection of important agricultural and natural resources. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. A. Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be created from any lands within the RLSA District from which one or more Land Use Layers are removed. These lands will be identified as SSAs. All privately owned lands within the RLSA District are candidate for designation as an SSA. Land becomes designated as an SSA upon petition by the property owner seeking such designation as outlined herein. A Stewardship Agreement shall be developed that identifies those land uses, which have been removed. Once land is designated as an SSA and Credits or other compensation is granted to the owner, no increase in density or additional uses unspecified in the Stewardship Agreement shall be allowed on such property. B. Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth in Section 2.2.27.10.1. Such lands shall be known as SRAs. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis. SRA density and intensity will thereafter differ from the Baseline Standards. C. Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be allocated to one or more SRAs, and an SRA may receive Stewardship Credits generated from one or more SSAs. 2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation. All lands within the RLSA District have been delineated on the RLSA Overlay Map. Prior to designation as an SSA or SRA, lands within the RLSA District are subject to the Baseline Standards. A. Private Lands Delineated FSAs, HSAs, and WRAs. Lands delineated FSA, HSA, or WRA on the RLSA Overlay Map have been identified through data and analysis as having a higher quality natural resource value than those lands not delineated. Although any land within the RLSA District can be designated as an SSA, generally those lands delineated FSAs, HSAs, and WRAs are the most likely candidates for designation because of the higher credit values applied to lands with those delineations. B. Private Lands Delineated as Open. Lands not otherwise classified as FSA, HSA, or WRA are delineated as "Open" on the RLSA Overlay Map and are generally of a lower natural resource quality. Open lands are the lands that may be designated as either SSAs or SRAs. C. Area of Critical State Concern (ACSC). The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA Overlay Map and are eligible for designation as SRAs, subject to additional standards set forth in 2.2.27.10.A.2. All ACSC regulations continue to apply to ACSC land ' ••• • - District regardless of designation. f1 No. TAL#528911.4 8 MAY 21 2003 p ag Draft 5/7/2003 6:15 PM D. Public or Private Conservation Lands. Within the RLSA District, certain lands are held in public ownership or in private ownership as conservation lands. Such lands may be delineated on the RLSA Overlay Map as FSA, HSA, or WRA but are not eligible for designation as either an SSA or SRA. E. Baseline Standards. The Baseline Standards apply until lands are voluntarily entered into the Stewardship Program and are designated as an SSA or SRA and will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. F. No Increase in Density or Intensity (in excess of the Baseline Standards). No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the lmmokalee Area Master Plan. G. Lands Within the RLSA District Not Designated SSA or SRA Subject to Special Environmental Standards. In order to protect water quality and quantity and maintenance of the natural water regime in areas mapped as FSAs on the RLSA Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit Program, residential uses, general conditional uses, earth mining and processing uses, and recreational uses (layers 1-4) as listed in Section 2.2.27.9.B.4.a. shall not be permitted in FSA lands within the RLSA District. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. In order to protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the RLSA Overlay Map that are not within the ACSC, the use of such land for anon-agricultural purpose under the Baseline Standards ' s be subject to = environmental re•ulations jri pll eh' • 7 tie Athroug' -LS •?:: • be fie°. w , 1 'may 3_ _ - a,. .r- •* - } s •:r ® u=t '. ado•ted - - �. g • cern 6u . 2.2.27.9. SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations. A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be designated as an SSA, including lands within the ACSC. 1. May be within an SRA Boundary. A WRA, whether designated as an SSA or not, may be contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the provisions of 2.2.27.9.A.4.b. shall a• •I . n MEM 2. FSA Delineated Lands. AGENDA MAY 2 1 2003 TAL#528911.4 9 a Pg. Draft 5/7/2003 6:15 PM a. In the case where lands delineated as FSA and are designated as an SSA, at a minimum, Residential uses, General Conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Land Use Matrix inS,ec iii = � � shall be eliminated as permitted land uses. b. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and •asxplora ro -`; ,.,an • ,.a , development,raWdW6Werffirrieffeft; 7WeiVirigi in FSAs in order to minimize im•acts to native habitat det rmined to • __.practroab a hrs equrremen .,sha I ,,c e• .tis •c S issuance'af*,state ='permsefeiiiiii n`g compliance iithh the a tern establishedp Chra dC 30 FIAT regardleell,O whetherAth4E �il�uhi •11nil `• - ekploration and oil andtga"s feel iideveiopmeiiVar dfijfe . tis hfact nitre R s�`it � � - b9 » � i �:�+.� vrxq,-rs xa, �.W3 ��' 9� tr.�' they Si Cvpre'sstSwa n ' 5l of"herr§)container herein E tet' re�urrerr�e ,�., .�, ����� �.s� �_,� �� �.��,� . � �� ��. � �' ...� x�;� _dam obtain.::conditional use.�r ?rm�*,,ori r. and;gas, field expl© r ��, n•, ani,,• d6V61646611fiiiidirreddiretrifet MISS d. The elimination of the Earth Mining layer shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within an FSA. 3. HSA Delineated Lands. a. In the case where lands delineated as HSA are entered into the Stewardship Pro•ram and are designated as an SSA, at a minimum, Residential Land Uses cti=ifii listed in the Matrixi shall be eliminated. b. General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. c. In addition to the requirements imposed in the LDC for approval of a Conditional Use, uses listed in b. above will only be approved upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following: (1) Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. (2) Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas. (3) Buffering to Conservation Land shall comply with Section 2.2.27.10.J.6.d. (4) Stormwater Management design shall base water control -' seasonal high water elevations of adjacent wetlands to p ote wetland hydroperiods rn a aBrd wit 61F /Ul asr cf. Fvr . MAY 2 12003 TAL#528911.4 10 Draft 5/7/2003 6:15 PM abte"or�edera :dt ` .ttapa#eta eDorrr -- e• .e (6) Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive Use Permit and that utilize best management practices designed to protect groundwater from contamination from allowable land uses are deemed not to significantly and adversely impact aquifers. d. As an alternative to the submittal of an EIS, the applicant may demonstrate that such use is an integral part of a State or Federally approved restoration plan or mitigation program. e. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less. f. Asphaltic and concrete batch making plants are prohibited in all HSAs. g. Directional-drilling techniques and/or previousl cleared or disturbed areas shall be utilized for oil and ga 1� _ xp rr n�",:,• - ' eye oDrne drp.od -c OWIE vrties in HSAs in order to minimize im•acts to native habitat - WP1 ®d ® eterrnine• i�• •rac rcab hrs equirement sharbet• °e• sa is r • • iss is • *ferermi eputriii�"b ompiranCIAIith�` t� rrte �sta'� � Ci a•te. 0*--; .F;A . re e afd ess of thether:the } • • exDtoration anc� oilYandifae f eldrdevelopment-anc Drod is i•rr o"t� rte. r l3 ypess 1a berm ealte .•q etF3 ob" affz cnditroneuV eMttsYf ort�c14Qas jielclexp on- 1•. an• a ; ,oroe h. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida De•artment of Environmental Protection, which standa •ted rds shall be - - ':tea ws, ado _ -a 4. WRA Delineated Lands. a. In the case where lands delineated as WRA are entered into the Stewardship Program and are designated as an SSA, ata minimum, residential and ' ses t gV shall be eliminated as permitted land uses. b. During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there ion I ^ litA of habitat function within the WRAs unless there is compensatim m g�ft1 11 MAY 21 2003 TAL#528911.4 t Draft 5/7/2003 6:15 PM restoration in other areas of the RLSA District that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough. B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one of more Land Use Layers are removed. These lands will be identified as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses unspecified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon; 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. 1. Early Entry Bonus Credits. Early Entry Bonus Credits are hereby established to encourage the voluntary designation of SSAs within the RLSA District. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as an HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as HSA located inside the ACSC. a The earl ent bonus shall be available "„air' ',.: b. The early designation of SSAs and the resultant generation of Stewardship Credits do not require the establishment of SRAs or otherwise require the early use of Credits. c. Credits generated under the early entry bonus may be used after the termination of the bonus period. d. The maximum number of Credits that can be generated under the bonus is 27,000. e. Early Entry Bonus Credits shall not be transferred into or otherwise used to entitle an SRA within the ACSC. 2. Credit Worksheet. A Stewardship Credit Worksheet, adopted as Attachment "A" of the Growth Management Plan RLSA Goals, Objectives, and Policies, sets out a mathematical formula for determining the number of credits available for each acre of land being considered for an SSA. 3. Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet. Each Index listed below has a range of values based upon a measure developed during the RLSA Study. a. Natural Resource Indices. a Stewardship Overlay = _ e 0e AGENDA nEM No. MAY 21 2003 TALt1528911.4 12 pg. 32. Draft 5/7/2003 6:15 PM Restoration Stewardship Credits shall be applied to an SSA subject to the following regulations: (1) Priority has been given to restoration within the Camp Keais Strand FSA or contiguous Therefore, cgweetedf Sec ceAs. 4oanddedat d by .thapfor restoration activities within `yi.of'th ` ollowingEreas the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Camp Keais Strand (2) Two additional Stewardship Credits shall be r-. ' - -: .., icienera#: , for each acre of land dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on that are contiguous to the Okaloacoochee Slough. .--- ------ (3) The actual implementation of restoration improvements is not required for the owner to receive such credits referenced in (1) and (2 abov —. - u - " k >�� � * - <a r �� � �� (4) If t app c. 4 t• •mp e t _res ora o ;.t� p eligibiiiWcriteria bel iw:a . -sat'isfied fou4Aadditional Stewardshi• Credits shall be , Ce. sm •,• authorized at the time of SSA designation, but shall not become available for transfer until such time as it has been demonstrated that the restoration activities have met applicable success criteria as determined b the permitN or commenting agency authorizing said restoration. �`'ne or more of the following eligibility criteria shall be used in evaluating an applicant's request for these additional Restoration Stewardship Credits: (a) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be functional enhancement of the flow way or wildlife corridor; (b) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors within two miles of existing public lands so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be a functional enhancement of the flow way or wildlife corridor; (c) Documentation of state or federal listed species utilizin• - - • • • - contiguous parcel; TAL#528911.4 14 MAY 21 2003 Pg 3 l Draft 5/7/2003 6:15 PM Proximity Indices Listed Species Habitat Indices Soils/Surface Water Indices Restoration Potential Indices Land Use—Land Cover Indices b. Index Values. During the RLSA Study, based upon data and analysis, each acre within the RLSA District was assigned a value for each Index except for the Restoration Potential Index. The Restoration Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are made at that time. (1) Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand. All lands within 500 feet of the delineated FSAs that comprise the Slough or Strand that are not otherwise included in an HSA or WRA shall receive the same natural index score (0.6) that an HSA receives, if such property is designated as an SSA and retains only agricultural, recreational and/or conservation layers of land use. c. Index Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated as SSAs, shall be based upon the Natural Resource Index values in effect at the time of '"•• designation. At the time of designation, the Natural Resource Index Assessment required in Section 2.2.27.79.C.3. shall document any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics of land due to alteration of the land prior to the designation of an SSA that either increases or decreases any Index Value shall result in a corresponding adjustment in the credit value. d. Restoration Potential Index Value. At the time of SSA designation, an evaluation of the restoration potential of the land being designated shall be prepared by a qualified environmental consultant (per Section 3.8 of the LDC) on behalf of the applicant and submitted as part of the SSA Designation Ap a lication Package. In the event that restoration potential is identified, - - °- the appropriate Restoration Potential Index Value >4mit s _ edit... orksheet. The credit value -01 each acre to which the Restoration Potential Index .alue is applied shall be recalculated finirdififtligtes oritirhWarniffInde .Val c ' a r . . • R e. Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to the Restoration Potential Index Value. In certain locations there may be the opportunity for flow way or habitat restoration such as locations where flow ways have been constricted or otherwise im e - - -r activities; or where additional land is needed to enhance wile ife orri e e . i TAL#528911.4 13 MAY 21 2003 �• Draft 5/7/2003 6:15 PM (d) Lands that could be restored and managed to provide habitats for specific listed species (e.g., gopher tortoise, Big Cypress fox squirrel, red- cockaded woodpecker, etc.), or; (e) Occurrence of a land parcel within foraging distance from a wading bird rookery or other listed bird species colony, where restoration and proper management could increase foraging opportunities (e.g., wood storks) Land Sderiv si.nated1Restorat, trial bye medicate t , = i - a 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix—Attachment B to the Rural Stewardship Area Overlay Goals, Objectives and Policies. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed duringthe-RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines hotr':7 '-:"Av of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. a. Land Use Layers. 1 - Residential Land Uses 2 - General Conditional Uses 3 - Earth Mining and Processing Uses 4 - Recreational Uses 5-Agriculture— Group 1 6-Agriculture—Support Uses 7-Agriculture— Group 2 b. Land Use Matrix AGENDA ITEM MAY 21 2003 TAL#528911.4 15 �,35 Draft 5/7/2003 6:15 PM Collier County Rural Lands Stewardship Overlay Land Use Matrix Conservation, Residential Land General Conditional Earth Mining and Agriculture-Support Restoration and Uses Uses Processing Uses Recreational Uses ,Agriculture Group 1 Uses Agriculture Group 2 Natural Resources - 'Single-family dwelling, Family care facilities Excavation,extraction Golf courses and/or Crop raising; Farm labor housing(A) Unimproved pasture Wildlife management, inti.mobile home(P) (P) or earthmining and golf driving ranges horticulture;fruit and and grazing,forestry plant and wildlife related processing and (CU) nut production;groves; (P) conservancies,refuges production(CU) nurseries,improved and sanctuaries(P1 pasture(P) Mobile homes[(P)in Collection and transfer Asphaltic and concrete Sports instructional Animal breeding(other Retail sale of fresh, Ranching;livestock Water management, MH Overlay;(A)as sites for resource batch making plants schools and camps than livestock),raising, unprocessed raising(P) groundwater recharge temporary use) recovery(CU) (CU) (CU) training,stabling or agricultural products; (P1 kenneling(P) grown primarily on the Property(A) Private boathouses Veterinary clinic(CU) Sporting and Dairying;beekeeping; Retail plant nurseries Hunting cabins(CU) Restoration,mitigation and docks on lake, recreational camps poultry and egg (CU) (P) canal or waterway lots (CU) production;milk (A) production(P) Recreational facilities Child care centers and Aquaculture for native Packinghouse or Cultural,educational, Water supply,wetifields integral to residential adult day care centers species(P)and non- similar agricultural or recreational facilities (P);oil and gas development,e.g.,golf (CU) native species(CU) processing of farm and their related exploration(P) course,clubhouse, products produced on modes of transporting community center time property(A) participants,viewers or • building and tennis patrons tour faoperations,such as, playgroues,nds Parks, but not waited to play9roun(A and PlaY �(A) buggies,swamp buggies,horses and similar modes of transportation(CU) Guesthouses(A) Zoo,aquarium,aviary, The commercial Sawmills(CU) Excavation and related Boardwalks,nature botanical garden,or production,raising or processing incidental to trails(P) other similar uses(CU) breeding of exotic Ag(A) animals(CU) Churches and other Wholesale reptile Natural resources not places of worship(CU) breeding and raking- otherwise listed(P) non-venomous(P)and venomous(CU) Communications Essential services(P towers(P)(CU) and CU) Social and fraternal Oil and gas field organizations(CU) development and production(CU) Private landing strips for general aviation (CU) - Cemeteries(CU) Schools(CU) • Group care facilities, ALF(CS)) Uses as listed in Collier County Land Development Code-Rural Agricultural District (P) Prinicpal Use, (A)Accessory Use, (CU)Conditional Use 5. Matrix Calculation. The maximum number of credits is established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each Land Use Layer, thereby establishing a credit value for each acre in the Overlay, weighted by the quality of its natural resources. As Land Use layers are removed, the sum of the percentages of those Layers removed is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by each acre being designated as an SSA. C. SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: TEm TAL#528911.4 16 Draft 5/7/2003 6:15 PM n 1. SSA Designation Application. A landowner or his/her agent, hereafter "applicant," shall submit a request for the designation of SSA for lands within the RLSA District to the Administrator or his designee, on an approved application form. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee. An application fee shall accompany the application. 3. Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA Designation Application a report entitled Natural Resource Index Assessment that documents thei +y Natural Resource Index Value scores. The Assessment shall include a summary analysis that quantifies the number of acres by Index Values, the level of conservation being proposed, and the resulting number of credits being generated. a. The Assessment shall verify that theO Index Value scores assn; : durna fief. RLSA Stec are still valid through recent aerial photography or satellite imagery, �c agency-approved Proved mappin , or other documentation, as verified by field inspections. � :�" �.. r,> �awg.��,�;,. `,'.•fix`"" /ill �„� '--.: ? � . -�.; b. se' smen es a• �s es , a ; ..- •etc a .re:: c°• f.. is ,e� .• _ ,s.- RLSA Study aretno'longer valid `the applicant stall document the Index Value of the land as of the date of the SSA Desi•nation Application ® - =,.. . !ITI!feNtelk e:7441 n c. Establish the suggested "Restoration Potential" Index Value for any acres as appropriate. Provide evidence/documentation supporting the suggested Index Value; d. Quantify the acreage of agricultural lands, by type, being preserved; e. Quantify the acreage of non-agricultural acreage, by type, being preserved; f. Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than 1.2; and g. Quantify all lands, by type, being designated as SSA within the ACSC, if any. 4. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: a. Legal Description, including sketch or survey; b. Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into the SSA; c. Stewardship Overlay Map delineating the area of the RLSA District being designated as an SSA; d. Aerial photograph(s) having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable, delineating the area being designated as an S ITEM e. Natural Resource Index Map of area being designated as an SSA AA No. MAY 2 1 2003 TAL#528911.4 17 P�. -1T1 Draft 5/7/2003 6:15 PM f. Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one inch equal to 400 feet is acceptable; g. Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish Wildlife Conservation Commission, and Florida Natural Areas Inventory, delineating the area being designated as an SSA; h. United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) Soils map(s) delineating the area being designated as an SSA; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate; and j. Stewardship Credit Calculation Table that quantifies the number of acres by Index Values, the level of conservation being offered, and the resulting number of credits being generated. 5. SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a landowner and the County shall contain the following: a. The number of acres, and a legal description of all lands subject to the SSA Credit Agreement; b. A map or plan (drawn at a scale of 1"= 200') of the land subject to the agreement which depicts any lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated; c. A narrative description of all land uses, including conditional uses, if any, that shall be removed from the land upon approval of the SSA Credit Agreement; d. A Natural Resource Index Assessment worksheet for the land subject to the Agreement and the total number of SSA credits that result from the Natural Resource Index Assessment; e. A copy of the Stewardship Easement, (or deed if a fee simple transfer is proposed) applicable to the land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA Credit Agreement; f. Land management measures; g. Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density or intensity of any permitted uses remaining on the SSA lands, or any additional uses beyond those specified in the SSA Credit Agreement on the land; h. Provisions regarding and ensuring the enforceability of Agreement. AGENDA MEM TAL#528911.4 18 MAY 21 2003 Draft 5/7/2003 6:15 PM i. If applicable, the number of credits o e "a a ed for restoration (Restoration C red its) stAg ft `9 ,oto ' , �r� 3!+..�r.�...�,.3,�.r�«a. ,w�:,»».�,�.,�_., .-_ �.�..,..�.. »,a.-.,�:4,.:��" � th atb e 1N1� ` fob own+ A farrr t a (1) A 441 sit, O :.® ✓r�a:.r',,;:#'14* 44,4'r-' aro 4 .m i 4;41,— —41,44,4- y"::.: � .. wee_,,,E' -- --. —A legal description of lands to be designated for restoration; (b) A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but which the applicant makes no commitment to undertake restoration, identified as Restoration I ("R I"); and the lands dedicated for restoration and for which the applicant has committed to carry out the restoration identified as Restoration II ("R II"); ( ) The number of Restoration Credits to be granted for the lands designated R Iand AII; ( 4JA Restoration Analysis and Report, which shall include a written evaluation of the restoration area's existing ecological/habitat value and the necessary restoration efforts required to reestablish,� �� E�Yg4 :72k. original conditions; enhance the functionality of wetlands or wildlife habitat; or remove exotics so as to enhance the continued viability of native vegetation and wetlands; and ( When the restoration is to be undertaken by the applicant, a Restoration Plan that addresses, at a minimum, the following elements; (Restoration goals or species potentially affected; ( ) Description of the work to be performed; (hJIdentification of the entity responsible for performing the work; (virWork Schedule; . Success Criteria; a , iif Annual management, maintenance and monitoring! ( g 6. Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. 7. Recording of SRA Memorandum. Following approval by the County, an SRA Memorandum shall be prepared with the following portions or exhibits of the SSA Credit Agreement as attachments. The SRA Memorandum and attachments shall be recorded in the public records: a. The legal description of the lands subject to the SSA Credit Agreement and the RDAnumber of SSA Credits assigned to the land designated as SSA; b. The Stewardship Easement on the SSA lands, describing 'the nd rapuses remaining on the land; MAY 21 2003 TAL#528911.4 19 Pg. Draft 5/7/2003 6:15 PM c. The Restoration Agreement, if any for land within the SSA. 8 Stewardship Easement Agreement or Deed ,,. tr . The Applicant shall prepare and submit a Stewardship Easement Agreement in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency". a. The Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that shall be recorded for each SSA, shall run with the land and shall be in favor of Collier County and one or more of the following:; Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services, South Florida Water Management District, or a recognized land trust. b. The Stewardship Easement Agreement shall identify the specific land management measures that will be undertaken and the party responsible for such measures. c. In the event that the land being designated as an SSA is being transferred to a conservation entity by fee simple title, a deed shall be submitted in lieu of the Stewardship Easement Agreement. D. SSA Application Review Process 1. Pre-application Conference with County Staff. Prior to the submission of a formal application for SSA designation, the applicant shall attend a pre-application conference with the Administrator or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application is to be filed concurrent with an SSA application, one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SSA with the goals, objectives, and policies of the growth management plan; b. Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the property; c. Identification of the recognized entity to be named in the covenant or perpetual restrictive easement, and; d. Identification of the proposed land management measures that will be undertaken and the party responsible for such measures. 2. Application Package Submittal and Processing Fees. The required number of copies of each SSA Application and the associated processing fee shall be submitted to the Administrator or his designee. The contents of said application package shall be in accordance with Section 2.2.27.9.C. 3. Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA Application, the Administrator or his designee shall advise the applicant in writing that the application is complete and sufficient for genoSelttekift or advise what additional information is needed to find the applicatio sufficient. If TAL#528911.4 20 MAY 21 2003 Draft 5/7/2003 6:15 PM required, the applicant shall submit additional information. Within ten (10) working days of receipt of the additional information, the Administrator or his designee shall advise the applicant in writing that the application is complete, or, if additional or revised information is required, the Administrator shall again inform the applicant what information is needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4. Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the Administrator or his designee will distribute it to specific County staff for their review . 5. Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide written comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to resolve outstanding issues and confirm public hearing dates. 6. Designation Report. Within tt, ,g. = (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon written agreement by the applicant. E. SSA Application Approval Process 1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution approving an SSA Application and SSA Credit Agreement. Notice of the the Application and proposed SSA Credit Agreement Board's intention to consider pp p p 9 shall be given at least fifteen (15) days prior to said hearing by publication in a newspaper of general circulation in the County. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed resolution, and the place or places within the County where the proposed resolution and agreement may be inspected by the public. The notice shall provide a general description and a map or sketch of the affected land and shall advise that interested parties may appear at the meeting and be heard with respect to the proposed resolution The BCC shall review the staff report and recommendations and, if it finds that all requirements for designation have been met, shall, by resolution, approve the application. If it finds that one or more of the requirements for designation have not been met, it shall either deny the application or approve it with conditions mandating compliance with all unmet requirements. Appy .gra resolution sha.,readire a1ffaio i "a'o �m. 2. Legal Description. Following the Board's approval of the SSA Application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the Stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded .•� within ffilM301 days by the applicant in the public records. AGENDAI1tM Na MAY 21 2003 TAL#528911.4 21 �• 1 Draft 5/7/2003 6:15 PM 3. Update theOverlay Map and Official Zonin• Atlas. The =4:" ' :- ' ' Official Zoning Atlas shall • reflect the designation of the SSA. Sufficient information shall be included on the updated � ,. zonirmaps so as to direct interested parties to the appropriate public records associated with the designation, including but not limited to Resolution number and SSA Designation Application number. The RLSA ,Overlay Mab s e updatedtb �,i'. �n � -�a meq, ,,: zr .� �6��,��� k'tt t a � .>�, � �" � I� C f re reflect the SSA desiQnation dunnq al�reqular growth manapemen cyc eno later th twelve,,h onths_from:.they effective dat ,of the :SSA Agreeme . .'= - t p s _ � ii= ' "n ate;- F. SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the establishment of an SSA. Amendment(s) to approved SSAs shall only be considered if the application removes one or more additional Land Use Layers from the existing SSA. Under no circumstances shall land use layers, once removed as part of an SSA designation, be added back to the SSA. The application to amend the SSA may be submitted as part of an application to designate a new SSA provided such lands are contiguous--to-the previously ontiguous--to-hepreviously approved SSA and are under the same ownership. 2.2.27.10. SRA Designation. SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Land uses are approved within SRAs through the transfer of . .. Stewardship Credits generated from SSAs. Stewardship Credits are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA - - * ., " o that ate ha Vthe SRA Crede ° tree 3be` cm effective ursuant o Section ;2.2.271 O.D . Any change in the residential density or non-residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution reflecting the total number of transferable Credits assigned to the parcel of land. A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all necessary permitting requirements. AGENDA Na TAL#528911.4 22 MAY 2 1 2003 Draft 5/7/2003 6:15 PM 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay. a. An SRA must contain sufficient suitable land to accommodate the planned development ..M... _ _ _mUm .. T . zv.,,. _' .. ;• b. Residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. c. Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel. d. Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall be retained as open space and maintained in a predominantly natural vegetated state. e. Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. f. As an incentive to p encourage openspace, lands within an SRA located outside of the ACSC, exceeding the required thirty-five percent, shall not be required to consume Stewardship Credits. g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 2.2.27.10.J.6.d. An SRA may be contiguous to, or encompass a WRA. h. The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. 2. SRAs Within the ACSC. SRAs are permitted within the ACSC subject to the number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall also be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC. No early entry bonus credits can be used to entitle an SRA within the ACSC. a. The only form of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only form of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villa•es and CRDs of not more than 300 acres and Hamlets. Provided, however, ,.,$ - r'1 .A. co "st t i;_ ombina ioriojil Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effecti • -�r-3�; amendment as a result of mining operations, shall be allowed in react at have TAL#528911.4 23 MAY 21 2003 p= Draft 5/7/2003 6:15 PM a frontage on State Road 29 and that, as of the effective date of the RLSA ^' Overlay, had been predominantly cleared as a result of Ag Group I or Earth Mining or Processing Uses. b. The Town form of an SRA shall not be located within the ACSC. B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 2.2.2710.6.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. a. Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from an SSA within the ACSC can be used to entitle such SRA. No early entry bonus credits can be used to entitle an SRA within the ACSC. b. Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and standards set forth herein. c. Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of these policies. Residential clustering shall only occur within the RLSA District through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted. d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the limitations contained in this Section. e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 2.2.27.6., and transferred to an SRA subject to the limitations contained in this Section. 2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross acre. Lands within an SRA greater than one acre, with Index Values of greater than 1.2, shall be retained as open space and maintained in a predominantly natural, vegetated state. Any such lands within an SRA located outside of the ACSC exceeding the required thirty-five percent shall not be required to consume Stewardship Credits. 3. Public Benefit Uses. The acreage within an SRA devoted to apublic benefit use shall not be reuired to consume Stewardship Credits and:shat _. o trf. im =crease..; o w � .°. For the purpose of this Section, public benefit uses are limited to public schools (preK-12) and public or private post secondary institutions, including ancillary uses; community parks exceeding the minimum requirement of 200 square feet per dwelling unit; municipal golf c u - J., No. TAL#528911.4 24 MAY 21 2003 Draft 5/7/2003 6:15 PM parks; and governmental facilities excluding essential services as defined in the LDC. 4. Mixed Land Use Entitlements. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation and the transfer of the Stewardship Credits allows for a full range of uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of an SRA and the RLSA District . SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay Attachment C. Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses. C. Forms of SRA Developments. SRA Developments are a compact form of development, which accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitate the implementation of innovative planning and flexible development strategies described in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(l). These planning strategies and techniques are intended to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl; protect environmentally sensitive areas; maintain the economic viability of agricultural and other predominantly rural land uses; and, provide for the cost-efficient delivery of public facilities and services. Only the following four specific forms of rural development in SRAs are permitted within the RLSA District. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 2.2.27.10.J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2. Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the pa icu .c�'�'.:�•-.y Villages shall be not less than 100 acres or more than 1,000 acres Viges are TAL#528911.4 25 MAY 21 2003 Pg. )5 Draft 5/7/2003 6:15 PM comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 2.2.27.10.J.1. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 2.2.27.10.J.1. Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 4. Compact Rural Developments (CRDs). Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Section 2.2.27.10.J.1. based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 2.2.27.10.C.2. or 3. a. Size of CRDs limited. There shall be no more than 5 CRDs of more than 100 acres in size. b. CRDs within the ACSC. The CRD form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than 5 of any combination of Hamlets oc and CRDs of 100 acres of less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than 5 of any combination of Hamlets and CRDs of 100 acres of less may approved for each subsequent Village or Town approved. AGENDAI7EPA No. TAL#528911.4 26 MAY 21 2003 LP Draft 5/7/2003 6:15 PM 6 SRAs as Part of a Development of Regional Impact (DRI). SRAs are permitted as part of a DRI subject to the provisions of Section 380.06, F.S. and the RLSA District Regulations. a. An SRA Designation Application may be submitted simultaneously with a Preliminary Development Agreement application that occurs prior to a DRI Application for Development Approval (ADA). In such an application, the form of SRA Development shall be determined by the characteristics of the DRI project, as described in the PDA. b. The DRI may encompass more than a single SRA Designation Application. It is the intent of this Section to allow for the future designations of SRAs within a DRI as demonstrated by the DRI phasing schedule. c. A DRI applicant is required to demonstrate that: The applicant has the necessary Stewardship Credits to entitle the DRI as part of subsequent SRA Designation Applications, or; The applicant owns or has a contract with an owner of enough land that would qualify as SRAs to entitle the DRI as part of subsequent SRA Designation Applications, or has the ability to obtain the necessary Stewardship Credits to entitle the entire DRI as part of subsequent SRA Designation Applications. D. SRA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the follow: 1. SRA Designation Application. An application shall be submitted by a landowner or his/her agent, hereafter "applicant," to request the designation of an SRA within the RLSA District. The Application shall be submitted to the Administrator or his designee, on a form provided. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee. An application fee shall accompany the application. 3. Natural Resource Index Assessment. An Assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: a. Identify all lands within the proposed SRA that have an Index Value greater than 1.2; b. Verify that the i,TM, W = : Index Value scores assign a %m are still valid through recent aerial photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field inspections. c. antis,'® `tin4. __ ` • a_ _ � . � �,� the Applicant�shalldocument the current Index Value of the la d 4" TAL#528911.4 27 MAY 21 2003 Draft 5/7/2003 6:15 PM .' '. w�, :tea, „,:b,., Y d. Quantify the acreage of agricultural lands, by type, being converted; e. Quantify the acreage of non-agricultural acreage, by type, being converted; f. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than 1.2; g. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any; and h. Demonstrate compliance with the Suitability Criteria contained in Section 2.2.27.10.A.1. 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: a. Legal Description, including sketch or survey; b. Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any) within SRA boundary but not included in SRA designation; c. Stewardship Overlay Map delineating the area of the RLSA District being designated as an SRA; d. Aerial photograph delineating the area being designated as an SRA; e. Natural Resource Index Map of area being designated as an SRA; f. FLUCCS map(s) delineating the area being designated as an SRA; g. Listed species map(s) delineating the area being designated as an SRA; h. Soils map(s) delineating the area being designated as an SRA, and; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate. 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 2.2.27.10.G. 6. SRA Development Document. A Development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Development Document shall be consistent with the requirements of Section 2.2.710.H. 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 2.2.27.10.K. AGENDA ITtM No. MAY 21 2003 TAL#528911.4 28 pg 1 Draft 5/7/2003 6:15 PM 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 2.2.2710.L. 9. Stewardship Credit Use and Reconciliation Application. A Credit Use and Reconciliation Application shall be submitted as part of an SRA Designation Application in order to track the transfer of credits from SSA(s) to SRA(s). The Stewardship Credit Use and Reconciliation Application shall be in a form provided by the Administrator, or his designee. The application package shall contain the following: a. The legal description of, or descriptive reference to, the SRA to which the Stewardship Credits are being transferred; b. Total number of acres within the proposed SRA and the total number of acres of the proposed SRA within the ACSC (if any); c. Number of acres within the SRA designated "public use" that do not require the redemption of Stewardship Credits in order to be entitled (does not consume credits); d. Number of acres of "excess" open spaces within the SRA that do not require the consumption of credits; e. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation; f. Number of acres within the SRA that consume credits ; g. The number of Stewardship Credits being transferred (consumed by) to the SRA and documentation that the applicant has acquired or has a contractual right to acquire those Stewardship Credits; h. Number of acres to which credits are to be transferred (consumed) multiplied by 8 Credits/ acre equals the number of Credits to be transferred (consumed); i. A descriptive reference to one or more approved or pending SSA Designation Applications from which the Stewardship Credits are being obtained. Copies of the reference documents, e.g., SSA Stewardship Credit Agreement, etc., shall be provided, including: (1) SSA application number; (2) Pending companion SRA application number; (3) SSA Designation Resolution (or Resolution Number); (4) SSA Credit Agreement (Stewardship Agreement); (5) Stewardship Credits Database Report. j. A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained; and AGENDA MEM TAL#528911.4 29 MAY 21 2003 p Draft 5/7/2003 6:15 PM k. A summary table in a form provided by Collier County that identifies the exchange of all Stewardship Credits that involve the SRA and all of the associated SSAs from which the Stewardship Credits are being obtained. 1-101;f6C"oValfriiartAV Des qna ro If at the time of the approval of the SRA Designation Application the applicant has not acquired the number of credits needed to entitle the SRA, then the SRA Designation approval shall be conditional. The applicant shall have 60 days from the date of the conditional approval to provide documentation of the acquisition of the required number of Stewardship Credits. If the applicant does not provide such documentation within 60 days, the conditional SRA Designation approval shall be null and void. The Stewardship Credit Use and Reconciliation Application shall be amended to accurately reflect the transfer of credits that occurred following the conditional approval of the SRA. *ii:SRA Credit Agreement. a. Any applicant for designation of an SRA shall enter into an SRA Credit Agreement with the County. b. The SRA Credit Agreement shall contain the following information: (1) The number of SSA credits the applicant for an SRA designation is utilizing and which shall be applied to the SRA land in order to carry out the plan of development on the acreage proposed in the SRA Development Documents. (2) A legal description of the SRA land and the number of acres; (3) The SRA master plan depicting the land uses and identifying the number of residential dwelling units, gross leaseable area of retail and office square footage and other land uses depicted on the plan; (4) A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said credits; (5) The applicant's acknowledgement that development of SRA land may not commence until the applicant has recorded a SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and (6) The applicant's commitments, if any, regarding conservation, or any other restriction on development on any lands, including wetlands, within the SRA, as may be depicted on the SRA Master Plan for special treatment. c. The SRA Credit Agreement shall be effective on the latest of the following dates: (1) the date that the County approves the SRA Application;-er (2) the date that documentation of the applicant's acquisition of the Stewardship Credits to be utilized for the SRA is found by the County to be sufficient; or (3) five (5) working days after the date on which the applicant submits documentation of the acquisition of the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to tha AGENDA ntm No. TAL#528911.4 30 MAY 21 2003 Draft 5/7/2003 6:15 PM d. Following approval of the SRA Application, the applicant shall record a SRA Credit Agreement Memorandum, which shall include the following: (1) A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the SSA lands from which the credits being utilized are generated and identification of the number of credits derived from each SSA; and (2) a legal description of the SRA lands. e. If the development provided for within an SRA constitutes, or will constitute, a development of regional impact ("DRI") pursuant to Sections 380.06 and 380.0651, F.S., and if the applicant has obtained a preliminary development agreement ("PDA") from the Florida Department of Community Affairs for a portion of the SRA land, the applicant may request the County to enter into a Preliminary SRA Credit Agreement for those Stewardship Credits needed in order to develop the PDA authorized development. Commencement of the PDA authorized development may not proceed until the applicant has recorded a Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary SRA Credit Agreement shall include the same information and documentation as is required for an SRA Credit Agreement and an SRA Credit Agreement Memorandum. E. SRA Application Review Process 1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre-application conference with the Administrator or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre- application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SRA with the goals, objectives, and policies of the growth management plan; b. Consideration of suitability criteria described in Section 2.2.27.10.A.1. and other standards of this Section; c. SRA master plan compliance with all applicable policies of the RLSA District Regulations , and demonstration that incompatible land uses are directed away from FSAs, HSA!s, WRA!s, and Conservation Lands; d. Assurance that applicant has acquired or will acquire sufficient stewardship credits to implement the SRA uses, and; e. Consideration of impacts, including environmental and public infrastructure impacts. 2. Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the AGENDA ITEM Na TAL#528911.4 31 MAY 21 2003 pg. 5 Draft 5/7/2003 6:15 PM Administrator or his designee. The contents of said application package shall be in ^ accordance with Section 2.2.27.10.D. 3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA Application, the Administrator or his designee shall notify the applicant in writingthat the application is deemed61:0111 ,11de =asufficient for agency review or pp advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within twenty (20) days of receipt of the additional information, the Administrator or his designee shall notify the applicant in writing that the application is deemed ! sufficient, or, what additional or revised information is required. If necessary, the Administrator shall again inform the applicant in writing of information needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4. Review by County Reviewing Agencies: Once the SRA application is deemed sufficient, the Administrator or his designee will distribute it to specific County review staff. 5. Staff Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to address outstanding issues and confirm public hearing dates. 6. Staff Report. Within ni (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon agreement of county staff and the applicant. F. SRA Application Approval Process. 1. Public Hearings Required. The BCC shall review the staff report and recommendations and the recommendations of the EAC and CCPC, and the BCC shall, by resolution, approve, deny, or approve with conditions the SRA Application only after advertised public notices have been provided and public hearings held in accordance with the following provisions: a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC shall hold one public hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC, or is adjoining land designated as Conservation, FSA, or HSA. b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC shall hold one advertised public hearing on the proposed resolution to designate an SRA. A notice of the •ublic hearing before the CCPC on the *reposed resolution shall include aenera description, including grid a sketch and shall be published in a newspaper of general circulation in the County at least ten dal days in advance of the public hearing. AGENCA ITEM No. MAY 21 2003 TAL#528911.4 32 5-! Draft 5/7/2003 6:15 PM c. Public Hearing Before the BCC, Resolution Approved. The BCC shall hold one advertised public hearing on the proposed resolution to desi.nate 4 SRA. A public notice, which shall include a - " t-n ral description a r®� sketch :476,74.—, shall be given to the citizens of Collier County by publication in a news•ager of general circulation in the County at least ten days prior to the an."" of the BCC. The advertised public notice of the proposed adoption• of the resolution shall, in addition, contain the date, time and place of the - = ,heann , the title of the proposed resolution and the place within the County where such proposed resolution may be inspected by the public. The notice shall also advise that interested parties may appear at thee e and be heard with respect to the proposed resolution. 2. Update Stewardship Credits Database. Following the effective date of the approval of the SRA, the County shall update the Stewardship Credits Database used to track both SSA credits generated and SRA credits consumed. 3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the effective date of the a.•royal of the SRA, the County shall update the Official Zoning Atlas rµ:® „ °'7 °- "°4-" to reflect the designation of the SRA. Sufficient information shall be included on the updated maps so as to direct interested parties to the appropriate public records associated with the designation, es., Resolution number, SRA Designation A•plication number, etc. e R • eMEM • g ®� • a • of e t ® tel igna io 3•un •s regular growth E an •amen amendment ycnat aer an>.wtw�lvmonths fromthe,„effectite ®'ata. the. S Crrdigree . 4.SRA Amendments. Amendments to the SRA shall be considered in the same manner as described in this Section for the establishment of an SRA, except as follows. a. Waiver of Required SRA Application Package Component(s). A waiver may be granted by the Administrator or his designee, if at the time of the pre- application conference, in the determination of the Administrator, the original SRA Designation Application component(s) is (are) not materially altered by the amendment or an updated component is not needed to evaluate the amendment. The Administrator shall determine what application components and associated documentation are required in order to adequately evaluate the amendment request. b. Approval of Minor Changes by Administrator. Administrator shall be authorized to approve minor changes and refinements to an SRA Master Plan or Develo.ment Document u.on written re.uest of the applicant. IUlino c It • e s e efta © Staff • a'n •re ine encs are of erwi n comp ianceallrapp and 'egulat A r11nistrat•: > onslder • . e . '• isi= The following limitations shall apply to such requests: AGENDA RSM N0. MAY 21 2003 TA528911.4 33 L# 5� • Draft 5/7/2003 6:15 PM (1) The minor change or refinement shall be consistent with the RLSA Overlays the RLSA District Regulations, and the SRA Development Document's amendment provisions. (2) The minor change or refinement shall be compatible with contiguous land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the SRA. ro .,:max . "_ k. _Minor changes or refinements ince re e; ` limited to: (4i)Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County; (Internal realignment of rights-of-way, other than a relocation of access points to the SRA itself, where water management facilities, preservation areas, or required easements are not adversely affected; MA ())Reconfiguration of parcels when there is no encroachment into the conservation areas or lands with an Index Value of 1.2 or higher, ,E111,7 .7^15tf Relationship to Subdivision or Site Development Approval. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to, any application for Subdivision or Site Development Plan approval. However, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. G. Master Plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable Growth Management Plan policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, Wr°. W and Conservation Lands on the RLSA Overlay Map. 1. Master Plan Requirements. A master plan shall accompany an SRA Designation Application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and Conservation Lands on the RSLA Overlay Map. The plan shall be designed by an urban planner whopossesses an AICP certification q ; iterg�oget er.witth :at leas one o e fb.o_ i AGENDA ntm Na TAL#528911.4 34 MAY 21 2003 p5L Draft 5/7/2003 6:15 PM a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; a qualified environmental consultant per Section 3.8 of the LDC; or '' a practicing architect licensed by the State of Florida. 2. Master Plan Content. At a minimum, the master plan shall include the following elements: a. The title of the project and name of the developer; b. Scale, date, north arrow; c. Location map that identifies the relationship of the SRA to the entire RLSA District includ ng other des gn e.'S ; d. Boundaries of the subject property, all existing roadways within and adjacent to the site, watercourses, easements, section lines, and other important physical features within and adjoining the proposed development; e. Identification of all proposed tracts or increments within the SRA such as, but not limited to: residential, commercial, industrial, institutional, conservation/ preservation, lakes and/or other water management facilities, the location and function of all areas proposed for dedication or to be reserved for community and/or public use, and areas proposed for recreational uses including golf courses and related facilities; f. Identification, location and quantification of all wetland preservation, buffer areas, and open space areas; g. The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility provisions; h. The location of all proposed major internal rights of way and pedestrian access ways; i. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; j. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the SRA: and k. Documentation or attestation of professional credentials of individuals preparing the master plan. H. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a Development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. The document shall be re�pared by an urban planner who •ossesses an AICP certifications ., � - ''� a professional engineer (P.E.) with expertise in the area of ' ' - • •'• - - '• • licensed by the State of Florida; A N 'A No. TAL#528911.4 35 MAY 2 1 2003 P.55 5/7/2003 6:15 PM a qualified environmental consultant per Section 3.8 of the LDC; or a practicing architect licensed by the State of Florida. The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: Title page to include name of project; - jndex/table of contents; List of exhibits; p Statement of compliance with the RSLA Overlay and the RLSA District Regulations; General location map showing the location of the site within the boundaries of the RLSA Overlay Map and in relation to othe -•e ian a Fr° such external facilities as highways; Property ownership and general description of site (including statement of unified ownership); Description of project development; &j Legal description of the SRA boundary, and for any WRAs encompassed by the SRA; 9i.The overall acreage and proposed gross density for the SRA; .4-04,Identification of all proposed land uses within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable floor area within the individual tracts or increments; • Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 2.2.27.10.J.; MAII proposed variations or deviations from the requirements of the LDC, including justification and alternatives proposed; he proposed schedule of development, and the sequence of phasing or incremental development within the SRA, if applicable; . A Natural Resource Index Assessment as required in Section 2.2.27.9.C.3., ;? he location and nature of all existing or proposed public facilities (or sites), such as schools, parks, fire stations and the like; A plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; ypical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; AGENDAl No._ TAL#528911.4 36 MAY .21 2003 pi 5 cp • Draft 5/7/2003 6:15 PM Agreements, provisions, or covenants/ which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities; 4 9Development commitments for all infrastructure; aQWhen determined necessary to adequately assess the compatibility of proposed uses within the SRA to existing land uses, their relationship to agriculture uses, open space, recreation facilities, or to assess requests for deviations from the Design Criteria standards, the Administrator or his designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate; Development Document amendment provisions; and, 2,?;_Documentation or attestation of professional credentials of individuals preparing the development document. I. DRI Master Plan,_ If applicable, the DRI master plan shall be included as part of the._ SRA Designation Application. The DRI master plan shall identify the location of the SRA being designated, and any previously designated SRAs within the DRI. J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and OJ-5.006(5)(1). The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the Density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Cha - the following design criteria and those set forth in 2. through 6. below: AGENDA ITEM tTh NO. MAY 2,1 2003 TAL#528911.4 37 pg. Draft 5/7/2003 6:15 PM Collier County RLSA Overlay Stewardship Receiving Area Characteristics Typical Characteristics Town* Village Hamlet Compact Rural Development Size(Gross Acres) 1,000-4,000 acres 100-1,000 acres** 40-100 acres— 100 Acres or less" Greater Than 100 Acres** Residential Units(DUs)per gross 1-4 DUs per gross acre'•• 1-4 DUs per gross acre*** 1/2-2 DU per gross acre'" 1/2-2 DU per gross acre••• 1-4 DUs per gross acre*** acre base density Full range of single family and Diversity of single family and multi Single Family end innnnd...ilk Ping''c"n''y and"nn'ed m..% Singh*c^nnly vr"t""t"d'n"'ti Residential Housing Styles multi-family housing types,styles, family housing types,styles,lot family_ V...• � •••• lot sizes sizes Retail&Office-.5 Retail&Office-.5 Retail&Office-.5 Aon•"&Once .5 BataN.&-Qtnce-.5 Civic/Governmental/Institution-.6 Civic/Governmental/Institution-.6 ClulatGovemmentalanstitutica-.6 r'"Mir_n..e.n..m...inn.xnyim-.6 CanciGmtemmeatallinstitution-.6 Maximum Floor Area Ratio or GreuMlouak'g-.45 Groyp.aleusiag-.45 Group Mousing-.45 Group-Yeucing-.45 Intensity .45 n••plious'^��e'no-.45 IraoGaoLLodgiog-26 upa net Tsar lantmag-26 upa net Lodging-26 upa net Iraaskot.Lodging-26 upa net Isancie.RLodging-26 upa net Town Center with Community and Neighborhood Goods and Village Center with NeighborhoodVillage Center with Neighborhood Services in Town and Village Convenience Goods and Convenience Goods and Goods and Services in Village Goods and Services in Village9 Goods and Services Centers:Minimum 65 SF gross Centers:Minimum 25 SF gross Services:Minimum 10 SF gross Services:Minimum 10 SF gross Centers:Minimum 25 SF gross building area per DU;r'orpnra•a- building area per DU building area per DU building area per DU building area per DU QBie.,Idam,fant"rin3 end I yht lodustial _ Individual Well and Septic Individual Well and Septic - -- ' Centralized or decentralized Centralized or decentralized System;-CentralizedSystem;CeatwNsed-oma Centralized or decentralized Water and Wastewater community treatment system community treatment systems rlar=nnniiznd noon—nn'y community treatment systems traatmantsyswm- rre.ement.ya'e." Wa.;m Well...d Gell,. lete.im Wall and C.pw. Interim Well and c.pxn Parks&Public Green Spaces w/n Public Green Space for Public Green Space for Parks&Public Green Spaces w/n Community Parks(200 SF/DU) Neighborhoods(minimum 1%of Neighborhoods(minimum 1%of Neighborhoods(minimum 1%of Neighborhoods(minimum 1%of gross acres) gross acres) gross acres) gross acres) Perks&Public Green Spaces w/n Arai..ganrn^"nnrGdt Co"•nnr _ Anita..oe,.re.ennrana rm..e.e Neighborhoods Recreation and Open Spaces Lakes Lakes Artwe n......w,nrr_na rn...e..e Open Space Minimum 35%of Open Space Minimum 35%of SRA SRA Lakes Open Space Minimum 35%of SRA Wide Range of Services- Moderate Range of Services- ilea pec- Wo^"'��a 'ofu e` I ImaM C.r.. , Civic,Governmental and minimum 15 SF/DU minimum 10 SF/DU: Institutional Services �aEnLEtanPis tc throng^E'am .. .ny P'a'r thro.gh Elementary Scizools Schools Schools Schools Auto-interconnected system of Auto-interconnected system ofAuto-interconnected system of Auto-Interconnected system of Auto-interconnected system of collector and local roads;required collector and local roads;required collector and local roads;required local roach local roads connection to collector or arterial connection to collector or arterial connection to collector or arterial Transportation Interconnected sidewalk and Interconnected sidewalk and Interconnected sidewalk and Pedestrian Pathways Pedestrian Pathways pathway system pathway system pathway system County Transit Access EO.. r a.Iulla F.....frian Troika EaueatdaalsaNs FQ.matr'an Trade, CO"nty'fennel.nry.nsR founty Tran."e......... •-Towns are prohibited within the ACSC,per policy 4.7.1 of the Goals,Objectives,and Policies. ••-Villages,Hamlets,and Compact Rural Developments within the ACSC are subject to location and size limitations.per policy 4.20.and are subject to Chapter 28-25,FAC. '-Density can be increased beyond the base density through the Affordable Housing Density Bonus or through the density blending provision,per policy 4.7.. ••••-Those CRDs that include single or multi-family residential uses shall Include proportionate support services. Underlined uses ere not reouired uses. 2. Town Design Criteria. [Reserved] 3. Village Design Criteria. [Reserved] 4. Hamlet Design Criteria. [Reserved] 5. CRD Design Criteria. [Reserved] 6. Design Criteria Common to SRAs. AGENDA ITEM Na MAY 21 2003 TAL#528911.4 38 Pg. Se • Draft 5/7/2003 6:15 PM a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved as open space and maintained in a predominantly naturally vegetated state. b. A minimum of 35% of the SRA land designated as Town or Village shall be kept in open space. c. SRA design shall demonstrate that ground water table draw down or diversion will not adversely im•act the h dro•eriods of adacent FSA, HSA, WRA or Conservation Land a • i ono •erse , affect th► we • c a•�acen .;•e elopment �i diacen grtculturat operat!on an i •mr the SFWI ID Basi *r:figna. Detention and control elevations shall be established to protect natural areas and be consistent with surrounding land and project control elevations and water tables. d. Where an SRA adjoins an FSA, HSA, WRA or existing public or private conservation land delineated on the RLSA Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. Best management practices shall include the following: (1)The perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose. (2) Open space within or contiguous to an SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the RLSA Overlay Map. Open space contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. e. Where a WRA is incorporated into the stormwater system of an SRA, the provisions of Section 2.2.27.9.A.4.b. apply. f. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. 7. Infrastructure Required. AN SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided "Thconcurrently with the demand as identified in Division 3.15 of the LDC. The level of infrastructure required will depend on the type of developme engineering practices, and the requirements of this Section. TAL#528911.4 39 MAY 21 2003 59 Draft 5/7/2003 6:15 PM a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the provisions in Division 3.15 of the LDC in effect at the time of SRA designation. b. Infrastructure to be analyzed will include facilities for transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. c. 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, other special districts the Immokalee Water Sewer Service District, Collier County Water and Sewer District, or other governmental entity. This Section shall not prohibit innovative alternative water and wastewater treatment systems such as decentralized community treatment systems provided that they meet all applicable regulatory criteria. d. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD are permitted on an interim basis until services from a centralized/decentralized community system are available. e. 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. 8. Requests for Deviations from the LDC. The SRA Development Document may provide for nonprocedural deviations from the LDC, provided th of t gal he'follow rt�a' a. The deviations are consistent with the RLSA Overlay; b. The deviations further� the RLSA District Regulations and a a e tsrst tha „s•e ific esigDn .Criten e"*press r Mbit evrati ; and c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in Chapter 163.3177 (11), F.S. and 9J- 5.006(5)(L). K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 2.2.2710.L. Impact assessments shall be prepared in the following infrastructure areas: 1. Transportation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the LDC, or its successor regulation or procedure, shall be prepared by the applicant as component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. ITEM No. TAL#528911.4 40 MAY 21 2003 Draft 5/7/2003 6:15 PM a. In addition to the standard requirements of the analyses required above, the transportation impact assessment shall specifically consider, to the extent applicable, the following issues related to the highway network: (1) Impacts to the level of service of impacted roadways and intersections, comparing the proposed SRA to the impacts of conventional Baseline Standard development; (2) Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the surrounding transportation system; and (3) Impacts to agri-transport issues, especially the farm-to-market movement of agricultural products. b. The transportation impact assessment, in addition to considering the impacts on the highway system, shall also consider public transportation (transit) and bicycle and pedestrian issues to the extent applicable. c. No SRA shall be approved unless the transportation impact assessment required by this Section has demonstrated through data and analysis that the capacity of County/State collector or arterial road(s) serving the SRA to be adequate to serve the intended SRA uses in accordance with Division 3.15 of the LDC in effect at the time of SRA designation. 2. Potable Water. A potable water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either FAC Chapter 64E-6, for private and limited use water systems, or FAC Chapter 62-555 for Public Water Systems. In addition to the standard requirements of the analyses required above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste products, if any, generated by the proposed treatment process. The applicant shall identify the sources of water proposed for potable water supply. 3. Irrigation Water. An irrigation water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall quantify the anticipated irrigation water usage expected at the buildout of the SRA. The assessment shall identify the sources of water proposed for irrigation use and shall identify proposed methods of water conservation. 4. Wastewater. A wastewater assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Standards for Onsite Sewage Treatment and Disposal Systems, contained in State of Florida in Chapter 64E6, F.A.C. for systems having a capacity not exceeding 10,000 gallons per day or Chapter 62-600, F.A.C. for wastewater treatment systems having a capacity greater than 10,000 gallons per ,.� day. In addition to the standard requirements of the analyses required above, the wastewater assessment shall specifically consider, to the extent - = _ =r3�•1� • . disposal of waste products generated by the proposed treatment pro.-ss. TAL#528911.4 41 MAY 21 2003 Cv � PL• Draft 5/7/2003 6:15 PM 5. Solid Waste. A solid waste assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall identify the means and methods for handling, transporting and disposal of all solid waste generated including but not limited to the collection, handling and disposal of recyclables and horticultural waste products. The applicant shall identify the location and remaining disposal capacity available at the disposal site. 6. Stormwater Management. A stormwater management impact assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as a part of an SRA Designation Application Package. The stormwater management impact assessment shall, at a minimum, provide the following information: a. An exhibit showing the boundary of the proposed SRA including the following information: (1) The location of any WRA delineated within the SRA; (2) A generalized representation of the existing stormwater flow patterns across the site including the location(s) of discharge from the site to the downstream receiving waters; (3) The land uses of adjoining properties and, if applicable, the locations of stormwater discharge into the site of the proposed SRA from the adjoining properties. b. A narrative component to the report including the following information: (1) The name of the receiving water or, if applicable, FSA or WRA to which the stormwater discharge from the site will ultimately outfall; (2) The peak allowable discharge rate (in cfs / acre) allowed for the SRA per Collier County Ordinance 90-10 or its successor regulation; (3) If applicable, a description of the provisions to be made to accept stormwater flows from surrounding properties into, around, or through the constructed surface water management system of the proposed development; (4) The types of stormwater detention areas to be constructed as part of the surface water management system of the proposed development and water quality treatment to be provided prior to discharge of the runoff from the site; and (5) If a WRA has been incorporated into the stormwater management system of an SRA, the report shall demonstrate compliance with provisions of Section 2.2.27.9.A.4.b. L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section shall be prepared and submitted as part of the SRA Designation Application Package. 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, emergency medical services, fire, r1 and schools. Development phasing and funding mechanisms sh AGENDA ITEM N0. TAL#528911.4 42 MAY 2 1 2003 Draft 5/7/2003 6:15 PM adverse impacts to adopted minimum levels of service pursuant to the Division 3.15 of the LDC. 1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base, at the end of each phase, or every five (5) years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for each unit of government responsible for the services listed below, using one of the following methodologies: a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted and maintained by Collier County. b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an alternative fiscal impact model using a methodology approved by Collier County. The model methodology will be consistent with the Fiscal Impact Analysis Model ("FIAM") developed by the State of Florida or with Burchell et al., 1994, Development Assessment Handbook (ULI). The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. 2. Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA shall submit to Collier County a fiscal impact analysis report ("Report") every five years until the SRA is 90% built out. The Report will provide a fiscal impact analysis of the project in accord with the methodology outlined above. 3. Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the project to a unit of local government referenced above, the landowner will accede to a special assessment on his property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local government equal to the present value of the estimated shortfall for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate affordable housing. 4. Special Districts Encouraged in SRAs. The use of community development districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land designated for development in the SRA. Subsequent to formation, the special district will enter into an Interlocal agreement with the County to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA. 2.2.27.11. Baseline Standards. [Reserved] AG NDA ITtM No. MAY 2 1 2003 TAL#528911.4 43 r ORIGIN: Community Development &Environmental Services AUTHOR: D. Aaron Blair, Urban Design Planner DEPARNT: Planning Services LDC PAGE: Unknown at this time LDC SECTION .2.33—Bayshore Mixed Use Overlay District CHANGE: To make pdates to the Bayshore Drive Mixed Use Overlay District REASON: The Comm nity Redevelopment Agency (CRA) approved the recommendation by the Bayshore/Gateway T 'angle Advisory Board to initiate phase two of the Bayshore Drive Mixed Use Zoning Overla . The overlay for the Bayshore Drive corridor provides flexibility in uses and standards and provi s an incentive for redevelopment along this corridor. FISCAL & OPERATIONAL ACTS: None t RELATED CODES OR REGULATIONS: None / Section 2.2.33 Bayshore Drive Mixed se Overlay District**** / AGENDA ITEM \ No. L 1 MAY 2 1 2003 RLSA DISTRICT REGULATIONS 5/21/03 ERRATA SHEET Page Section Revision 2.2.27.2.7. Change "Group 5" to "Group 4" 8 2.2.27.7.D.1 Add as last sentence: The County shall encourage public participation in the review process through publicly noticed workshops and meetings and through the solicitation of public input i " ludin• :ut not ' ited to re resent ' sof th- viro' :ntal om unit e a Colli r P 'pert pow -rs A , .ciatio a far orker o nizatio . 10 2.2.27.9.A.2 Add new "e" to read as follows: Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved. -- 11 2.2.27.9.A.3. Add new y to read as follows: Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved. 18 2.2.27.9.C.5.g Amend as follows: Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density of lands, or any additional land uses beyond those specified in the SSA Credit Agreement. 18 2.2.27.9.C.5 Add new "h" to read as follows: Provisions requiring that, upon designation of land within either an FSA or an HSA as an SSA, the owner shall not thereafter seek or request, and the County shall not thereafter grant or approve any expansion or conversion of agricultural land uses in violation of Sections 2.2.27.9.A.2 and 3. TAL#529175.1 I'... ......... Page Section Revision 19 2.2.27.9.C.5 Renumber current "h" and "i" to "i" and "j." 37 2.2.27.10.J. Capitalize "affordable housing density bonus" for consistency with references elsewhere. 37 2.2.27.10.J.1 Amend last sentence as follows: All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart;and the following design criteria at:1414496e set forth in 2. through 6. below:. r • TAL#529175.1 r "...'.1 w