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Agenda 04/20/2004 W
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ JOINT WORKSHOP AGENDA April 20, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Chairman, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 April 20, 2004 -..-.----- ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODA TION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. EAR (EVALUATION AND APPRAISAL REPORT) 3. ADJOURN 2 April 20, 2004 -".,.. DATE: TO: FRO M: SUBJECT: April 9, 2004 Board of County Commissioners Collier County Planning Commission 2. Stan Litsinger, AICP,d~;6mprehensive Planning Director Joint CCPC/BCC Workshop - Second Evaluation & Appraisal Report (EAR) on the Collier County Growth Management Plan (GMP) This voluminous notebook comprises the draft proposed EAR and is a continuing work in progress. The staff goal of your joint workshop on April 20, 2004 is to present Commissioners and the public the most salient issues addressed in this second EAR on the Growth Management Plan and receive public comment and final direction from Commissioners on content for preparation of the proposed final EAR for adoption by the BCC upon recommendation by the CCPC. This EAR does not have the effect of amending the GMP, but will outline needed EAR based amendments that will follow a finding of sufficiency of the EAR by DCA. Although many hours of staff time has gone into the preparation of this draft EAR, your staff considers it to be a living document or planning palette for Commissioners to establish new policy direction or revise existing policy guidance for the Growth Management Plan. The significant contributions of the Golden Gate Area Master Plan Restudy and the Immokalee Area Master Plan Restudy Committees should be noted. Preparation of this second EAR on the GMP has been both a challenge and an opportunity for staff. A challenge from the perspective that the County has just recently adopted the complex and innovative Rural Lands Stewardship Area and Rural Fringe amendment to the GMP which resulted from the Final Order generated by the first EAR in 1997. It proposes an opportunity to build on a sound foundation as we embark on the implementation period, that will be fully assessed by the third EAR in 2010-2011. One of the important statutory requirements for the second EAR is the preparation of a Water Supply Facilities Work Plan (VVSFWP). The Collier County PUED has developed a Collier County WSFVVP, which is integral to the EAR and is being introduced to Commissioners in this notebook. Also, subsequent to the delivery of these notebooks, which we wanted Commissioners to have 10 days before the April 20 workshop, you will receive additional analysis items and maps which expand on the draft EAR content. Following the April 20, 2004, staff will prepare the final proposed EAR for public hearing before the CCPC on July 15, 2004 and adoption by the BCC on July 27, 2004. Following EAR adoption, the DCA will conduct a sufficiency review within 60 days. Upon a sufficiency finding, the County will commence preparation of identified EAR based amendments to the GMP. If you have any questions or need assistance with the Draft EAR prior to the April 20 workshop, please feel free to call. WORKSHOP DRAFT SECOND EVALUATION & APPRAISAL REPORT FOR THE COLLIER COUNTY GROWTH MANAGEMENT PLAN INTRODUCTION AND EXECUTIVE SUMMARY I. Introduction & Process: Introduction: Chapter 163, Part II, Florida Statutes (F.S.), also known as the Local Government Comprehensive Planning Act, requires all local governments within the State of Florida to maintain comprehensive planning programs and to prepare and maintain a local government comprehensive plan. As part of this process, the local government must monitor changing conditions and must use this information to guide periodic amendments to the local comprehensive plan. The periodic amendment process, which occurs approximately every five to seven years, as described in Chapter 163.3191, F.S., is a two-phase process. It begins with the preparation, by the local government, of an Evaluation & Appraisal Report (EAR). The EAR evaluates the performance of the various Elements of the local government comprehensive plan since the previous EAR-based amendment process. It assesses the successes and failures of the various Goals, Objectives, Policies and Programs included within the local comprehensive plan and provides recommendations for necessary changes. Additionally, the EAR is the primary means by which tine local plan can respond to changes in Federal, State or Regional planning requirements. Ultimately, the recommendations contained in the EAR become the basis of proposed amendments to the local government comprehensive plan. These EAR-based amendments, as adopted by the local governing board and found in compliance with the State Comprehensive Plan, then become part of the guiding Goals, Objectives and Policies of the local plan until such time as the next EAR is prepared. Collier County's E.A.R.: Collier County's first EAR was prepared during 1996. There had been previous State- initiated amendment processes, but 1996 was the first such amendment to use the current EAR format. The subsequent EAR-based amendments were adopted in October 1997. Thus, this EAR reviews the performance of Collier County's Growth Management Plan (GMP) from October 1997 to the present day. E.A.R. Requirements: As required by Section 163.3191 (2), F.S., the EAR nmst address the folloxving aspects of the GMP: Local governments must identify the major issues, if applicable, with input from state agencies, regional agencies, adjacent local governments, and the public in WORKSHOP DRAFT the EAR process. It is also the intent of this section to establish minin-mm requirements for inforination to ensure predictability, certainty, and integrity in the growth management process~ The report is intended to serve as a summary audit of the actions that a local government has undertaken and identify' changes that it may need to make~ The report should be based on the local government's analysis of major issues to further the community's goals consistent with statewide minimum standards. The report is not intended to require a comprehensive rewrite of the elements within the local plan, unless a local government chooses to do so (Section 163.3191 (1) (c), F.S.). The report shall present an evaluation and assessment of the comprehensive plan and shall contain appropriate statements to update the comprehensive plan, including, but not limited to, words, maps, illustrations, or other media, related to the following items: Population growth and changes in land area, including annexation, since the adoption of the original plan or the most recent update amendments. b. The extent of vacant and developable lan& The financial feasibility of implementing the comprehensive plan and of providing needed infrastructure to achieve and maintain adopted level-of- service standards. The capability of sustaining concurrency management systems through the Capital Improvements Element (C.I.E.), as well as the ability to address infrastructm'e backlogs and meet the demands of growth on public services and facilities. The location of existing development in relation to the location of development as anticipated in the original plan, or in the plan as amended by the most recent evaluation and appraisal report update amendments (1997). An identification of the major issues for the jurisdiction and, where pertinent, the potential social, economic and environmental impacts. Relevant changes to the state comprehensive plan, the requirements of this part, the minimum criteria contained in chapter 9J-5, Florida Administrative Code, and the appropriate strategic regional policy plan (the "Southwest Florida Strategic Regional Policy' Plan") since the adoption of the original plan or the most recent evaluation and appraisal report update amendments. An assessment of whether the plan objectives within each element, as they relate to major issues, have been achieved. The report shall include, as Fin_. WORKSHOP DRAFT appropriate, an identification as to whether unforeseen or unanticipated changes in circumstances have resulted in problems or opportunities with respect to major issues identified in each element and the social, economic, and environmental impacts of the issue. A brief assessment of successes and shortcomings related to each element of the plan. The identification of any actions or corrective measures, including whether plan amendments are anticipated to address the major issues identified and analyzed in the report. Such identification shall include~ as appropriate, new population projections, new revised planning timeframes, a revised future conditions map or map series, an updated capital improvements element, and any new and revised goals, objectives, and policies for major issues identified within each element. This paragraph shall not require the submittal of the plan amendments with the evaluation and appraisal report. A summary of the public participation program and activities undertaken by the local government in preparing the report. The local government must demonstrate coordination of the comprehensive plan with existing public schools and those identified in the applicable educational facilities plan adopted pursuant to s. 1013.35, F.S. The assessment shall address, where relevant, the success or failure of the coordination of the future land use map and associated planned residential development with public schools and their capacities, as well as the joint decision triaking processes engaged in by the local government and the school board in regard to establishing appropriate population projections and the planning and siting of public school facilities. If the issues are not relevant, the local government shall demonstrate that they are not relevant. The evaluation must consider the appropriate water management district's (the South Florida Water Management District) regional water supply plan approved pursuant to s. 373.0361, F.S~ The potable water element must be revised to include a work plan, covering at least a 1 O-year planning period, for building any water supply facilities that are identified in the element as necessary to serve existing and new development and for which the local government is responsible. If any part of the jurisdiction of the local government is located within the coastal high-hazard area, the EAR must evaluate whether any past reduction in land use density impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The property rights of current iii WORKSHOP DRAFT residents shall be balanced with public safety considerations. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the actual built density in existence on the property prior to the natural disaster or redevelopment (Section 163.3191 (2)(a)- (m), F.S.). Organization of the EAR: The proposed 2004 EAR is organized into a single bound report containing three (3) major chapters. These chapters are: Chapter l - Countywide Assessment Chapter 2 - Evaluation of Major Issues Chapter 3 - Special Topics Chapter 1 contains seven (7) sections. These provide required background information and assess the condition of the various Elements and Subelements of the Plan. Chapter 2 evaluates the thirty-seven (37) major issues, as agreed upon between Collier County and the Florida Depamnent of Community Affairs (DCA). Chapter 3 examines three (3) special topics, also as agreed upon between the County and the DCA. Finally, this Introduction and Executive Summary provides a listing of all proposed amendment recommendations, regardless of whether these recommendations were developed through assessment of a particular element, or through evaluation of a major issue or special topic. Schedule: Completed Tasks: The preparation of the EAR has been a long and arduous set of tasks. During 2002, County staff attended two workshops (at the offices of the Southwest Florida Regional Planning Council, in North Fort Myers, and at Charlotte County Government offices in Port Charlotte, to meet with DCA representatives and representatives from other state and regional agencies to discuss the EAR process, learn of issues considered important by the DCA staff, and to learn how neighboring local governrnents intended to respond to issues identified by the State. On March 21, 2003 Comprehensive Planning staff conducted an internal meeting to identify individual staff assignments with regard to the EAR. On April 29, 2003, Comprehensive Planning staff conducted a public workshop for the Collier County Board of County Commissioners (BCC), for the purpose of iv WORKSHOP DRAFT identifying the final list of issues of importance (from the County's standpoint) to be evaluated within the EAR. On June 2, 2003, staff presented the finalized list of issues at a scoping meeting with County and Regional officials. A representative of the DCA was present at this meeting to provide an overview of the EAR. process. On June 20, 2003 the County's Draft Letter of Understanding was submitted to the Florida Department of Community Affairs. The County and DCA agreed to the Final Letter of Understanding on July 28, 2003. Since that time, Comprehensive Planning staff has been coordinating preparation of the EAR with other County agencies and has been gathering and analyzing data to be used in the report. From November 2003 through January 2004, staff has been actually finalizing draft sections of the Report. Future Schedule: The following dates are tentative, based upon actions to be taken by the Collier County Planning Commission (CCPC) and the BCC: On April 20, 2004, Comprehensive Planning staff will present the first draft of the EAR at a joint Collier County Planning Commission (CCPC)/Board of County Commissioners (BCC) Workshop. The post-workshop draft of the EAR will be distributed to DCA and the State and Regional review agencies on May 14, 20046 The CCPC will hold its adoption public hearing for the EAR on July 15, 2004~ The BCC adoption hearing will be held on July 27, 2004. After the BCC adopts the EAR, the adopted version of the Report will be submitted to DCA and the review agencies. The DCA will then review the adopted EAR for sufficiency with the State requirements. The projected date (very tentative) for the DCA Sufficiency Determination is September 30, 2004. II. Summary of Major Issues & Special Topics: The EAR includes sections that examine thirty-five (35) major issues and three (3) special topics, as per the Letter of Understanding between Collier County and the DCA. The following is a list of the Major Issues and Special Topics, as well as a summary of the staff recommendations thereto. Major Issues & Count,/Staff Responses: Section 2.1: Concurrency Management - Revenue Streams Major Issue: The EAR will include an analysis of the County's direct cost accounting practices, impact fees and fees for various permits and services to ascertain the extent to which these programs have been successful in achie¥ing the growth management planning objectives of the comprehensive plan. WORKSHOP DRAFT Staff Response: Collier County's hnpact Fee Program is designed to pay for County facilities and services required by approved development. However, the BCC must approve the impact fees and the methodologies used in assessing such fees. In recent years, the impact fees assessed against new developments were insufficient to pay for the cost of providing facilities and services to such development. Thus, the balance of the cost had to be made up from other funding sources. The BCC has traditionally rejected increases to ad valorem taxation to pay for funding shortfalls. Therefore, during 2002 and 2003, the BCC dramatically increased impact fee amounts. Fees charged for permits do not directly reflect Growth Management Objectives. Rather these fees are designed to pay for staff time and County resources spent processing permit applications. Permitting fees are not set higher or lower based upon a particular geographic area. Section 2.2: Concurrency Management - Transportation Improvements Major Issue: The EAR will evaluate whether its Five-Year Schedule of Capital Improvements has adequately addressed the transportation needs of public schools and parks/recreation facilities. Staff Response: Development that is proposed in an area where road segments do not have sufficient capacity to meet additional traffic impacts must have road improvements underway or budgeted for construction within the second full year of the Transportation Five-Year Work Program, following adoption of the County's Annual Update Inventory Report~ This gives the developer the benefit of being able to count budgeted transportation capital improvements as "deposits" in the capacity column of the concurrency ledger before those projects are actually completed. The Transportation Services Division is actively involved in concurrency management, impact fee analyses and the coordination and review of developer commitment agreements, credits and refunds of transportation impact fees. The Transportation Planning Department also plays an active role in the development and maintenance of capital improvement programs. Section 2.3: Concurrency Management Transportation Concurrency Development Vested from Major Issue: The EAR will evaluate the effect on the County's ability to achieve and maintain adopted level of service standards of vesting from transportation concurrency approved for PUDs and DRIs. Staff Response: Prior to 2003, County staff reviewed all PUD and DRI applications for compliance with transportation concurrency provisions. As part of this review process, proposed projects were assessed for their transportation impacts, and mitigation requirements were assigned to projects on a case-by-case basis, This system was vi WORKSHOP DRAFT adequate for evaluating individual projects, but did not adequately assess the combined impact of all development on the County's roadway system. During 2003, the Board of County Commissioners adopted a "checkbook concurrency system." This system examines the total trip capacity available for new development and includes provisions relative to vested traffic. As part of the process of establishing the checkbook concurrency system, County Transportation Planning staff conducted an analysis of the "vested traffic" generated by the existing 327 PUD's in Collier County, as well as platted subdivisions, such as Golden Gate Estates, including Golden Gate City. The logic was that the transportation impacts of these developments were already approved or "vested;" and, therefore, the transportation impacts of these projects had been accounted for within the County's Capital hnprovement Planning process. The analysis of committed or vested traffic was undertaken to evaluate the impacts of development traffic on the roadway system in order to determine the impacts of a "checkbook" concurrency system; to determine what planned improvements would be needed to mitigate the transportation impacts of these projects; and to establish a baseline for the first year of the Concurrency Management System. These projects are ones that, from a planning analysis perspective, are vested for transportation concurrency (i.e. meet statutory requirements, have built required infrastructure, have paid transportation impact fees through a Developers Contribution Agreement, etc.) and would not necessarily be analyzed when a checkbook concurrency system was operational. This approach will provide an adequate means for tracking the road impacts of existing, vested, and proposed development. Section 2.4: Concurrency Management - Financial Feasibility of Transportation Improvement Projects Major Issue: The EAR will analyze the County's ability to maintain a financially feasible 5-Year Work Program for Transportation Improvement Projects. Staff Response: The Capital Improvement Element (CIE) of the Collier County Growth Management Plan contains the County's adopted five-year Schedule of Capital hnprovements, including transportation improvements. This schedule is updated and amended annually to ensure compliance with the FoA.C. requirement above. On occasion, the need for emergency expenditures requires the Board of County Commissioners to reallocate funding from other budgetary areas to meet the requirements of the Capital Improvement Program. In such instances, the Capital Improvement Schedule is adjusted through an advertised public hearing process to make certain that the County has adequate funding to meet its capital improvement needs. Through a system of monitoring and systematic review, the County, through the Growth Management Plan, is able to sustain a realistic 5-year work program for various transportation improvement projects. vii WORKSHOP DRAFT Section 2.5: Concurrency Management - Level of Service Standards for Regional and Community Parks Major Issue: The EAR will evaluate whether the County has been able to maintain the adopted level of service standards for Regional and Community Parks. Staff Response: Division 3.15 of the Collier County Land Development Code (LDC) establishes a management and monitoring program for public facilities, such as community and regional parks, which provides for an annual determination of concurrency and additional public facilities. Section 3.15.6 of the Land Development Code requires the preparation of an Annual Update and Inventory Report (AUIR) on public facilities for presentation to the BCC. The findings of the AUIR form the basis for the preparation of the Annual Update and Amendment of the CIE, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development orders. The preparation and presentation of the past seven (1996-2003) AU1Rs to the BCC met the requirements of Division 3.15 of the LDC for an annual determination of the status of public facilities. Concurrency requirements set forth in the GMP have been met in each AUIR. Section 2.6: Concurrency Management Facilities Capital Expenditures for Recreation Major Issue: The EAR will evaluate whether the Capital hnprovement Element requirement that the County annually devote $240.00 per capita to development of recreation facilities has been sufficient to maintain adopted level of service standards. Staff Response: Division 3.15 of the LDC establishes a management and monitoring program for public facilities, such as community and regional parks, which provides for an annual determination of concurrency and additional public facilities~ Section 3.15.6 of the Land Development Code requires the preparation of an Annual Update and Inventory Report (AUIR) on public facilities for presentation to the BCC. The findings of the AUIR form the basis for the preparation of the Annual Update and Amendment of the CIE, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development orders. Every CIE project set forth in the past 7 AUIRs have been financially feasible and funded by the BCC, as mandated by Florida statutes. Project expenditures in excess of estimated impact fees, gas tax, and user fee revenues are reflected as being augmented by the General Fund Revenues, which is defined as existing sales tax revenues, other shared state revenues or various ad valorem levies at the discretion of the BCC. viii WORKSHOP DRAFT Section 2.7: Concurrency Management: Construction Cost Index (CCI) - Level of Service for Parks Capital Facilities Major Issue: The EAR will evaluate whether the current construction cost index in the Recreation and Open Space Element, Policy 1.1.C, has been sufficient to maintain adopted level of service standards. Staff Response: Policy 1.1, part C., reads as follows: "Recreation facilities. Facilities in place which have a value (as (X) defined) of at least $179.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. Value will be arrived at using the per unit values for each facility type available in the County as set forth in Table A applying the values to the number of each facility type, adding up all values and dividing the total by the County population. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in ~neasuring in place facility value." Every CIE project set forth in the past 7 AUIRs have been financially feasible and funded by the BCC, as mandated by Florida statutes. Project expenditures in excess of estimated impact fees, gas tax, and user fee revenues are reflected as being augmented by the General Fund Revenues, which is defined as existing sales tax revenues, other shared state revenues or various ad valorem levies at the discretion of the BCC. Section 2.8: Concurrency Management: Public Beach and Waterway Access Major Issue: The EAR will evaluate whether the current level of public beach facilities and waterway access locations is consistent with community planning objectives. Staff Response: The Collier County Growth Management Plan outlines level of service standards (LOSS) for parkland in three categories: facilities value, community park acreage, and regional park acreage. Beach, beach parking, and boating access acreage are currently included the regional park acreage measure for purposes of comprehensive plan concurrency. The 2001 Annual Update and Inventory Report projects satisfaction of regional park acreage LOSS through 2009 based on acreage acquisitions planned in C1P through 2004~ Currently .27 boat ramp lanes serve boaters countywide. The Parks and Recreation Department maintains eleven of these lanes; City or State government provides seven; and nine are privately owned but open to the public. Twenty-one thousand vessels were registered in Collier County in 2002. Less than 6000 wet slips and less than 3000 commercial dry storage spaces are available to house them. As a result, at least 12,000 ix WORKSHOP DRAFT vessels countywide are dependent on boat ramps for water access. At an average of 20 launches per vessel per year, countywide facilities should be able to accommodate 240,000 launches per year to meet demand Spread across the 27 boat ramp lanes available, facilities will average 8,889 launches per year, or 24 launches per day. This figure accords with the recommendation of the Florida Statewide Comprehensive Outdoor Recreation Planning Guide of 2000, which suggests that a single boat ramp lane can accommodate 36 launches per day (20 minutes total put-in and pull-out time over a 12-hour period). These calculations are ideal numbers, however, and do not provide for peak use times such as weekends and holidays or for any boats trailered in fi'om outside of the county. The Florida Statewide Comprehensive Outdoor Recreation Planning Guide recommends that average peak use be calculated as follows: Total user occasions are multiplied by 55 percent and divided by 111. This fornmla is derived from state park attendance, where 55 percent of the total annual attendance occurred over 111 days (52 weeks times two weekend days plus seven weekday holidays). Average weekend and holiday use for Collier County's boat ramp-dependent vessels then is 1189 launches, or 44 launches per lane per day. To meet the recommended carrying capacity of 36 launches per lane per day on an average weekend or holiday Collier County needs an additional six boat ramp lanes countywide. The growth of boating countywide is a further consideration with regard to the level of service County boaters can expect to experience. The number of registered vessels in the county has grown steadily at 1000 boats per year over the past six years. Currently few solutions exist for finding homes for these additional boats in dry storage or slips. They will most likely become ramp users, too. At 20 launches per year they will require an additional 55 launches each day or 99 launches on an average weekend day. This translates to a need for an additional two boat ramp lanes per year for as long as this growth rate is sustained in order to maintain the levels of service County boaters currently enjoy. An additional consideration with respect to boating is access to fresh water. Currently only Lake Trafford is officially available for freshwater boating, although a considerable amount of boat traffic finds its way to the canal system. More access to fresh water may alleviate some of the burden on existing facilities and, as the County population grows, may become an increasing demand in its own right. The State of Florida recommends a distance of one half (0.5) mile between sites for the spacing of beach access points at state-financed beach restoration projects. Collier County beaches offer a wide range of choices with regard to the frequency of access points along its beaches. In general, State and County beach parks have more sparsely spaced access points to maintain lesser density and a more natural beach environment and experience. The City of Naples, on the other hand, maintains 34 of its 37 access points within a five-mile stretch of beach, allowing for a more urban beach experience. County residents and visitors are well served by this variety, but to keep up with growth the WORKSHOP DRAFT County should continuously seek ways to improve access, amenity, and parking at its beaches. Even more than for boaters, a beachgoer's enjoyment is only as attainable as the nearest available parking space. In the last three years Collier County has added 93 beach parking spaces to its inventory: 80 at Conner Park (which allow for access to Delnor- Wiggins State Recreation Area or Vanderbilt Beach) and 13 at North Gulf Shore Access. Total spaces at County beaches with the completion of the North Gulf Shore project will be 1,179. Spaces at City of Naples and State of Florida beaches have remained static at 1,122 and 350, respectively. A final topic in assessing the County's levels of service with regard to beaches and boating is the introduction of alternative recreational activities. Sugden Regional Park is home to the 60-acre Lake Avalon, which supports a swimming beach and opportunities to participate in non-motorized boating such as sailing, canoeing, kayaking, and paddle boating. Clam Pass Park and Barefoot Beach Preserve offer canoe launches. Future plans also call for a non-motorized vessel launch at the bridge at State Road 92. Upon completion of North Naples Regional Park, residents and visitors can enjoy a first-class water park with slides, a lazy river, and children's activity pools--a perfect alternative to the beach for cooling down on a hot day. The existing Golden Gate Aquatic Center and snqall water park at Vineyards Community Park provide more choices, as well. The County should continue to diversify the recreational activities it offers. Variety builds the participant base and alleviates the burden on traditional resources such as beaches. The County finds that there are no enabling policies for Recreation & Open Space Objective 1o3 that specifically deal with issues related to beach access points or waterway access. Staff has proposed amendments to the Recreation & Open Space Element to help address these shortfalls. Section 2.9: Affordable Housing- Current Demand Major Issue: The EAR will characterize the current supply of affordable housing utilizing data from the Shimberg Center for Affordable Housing. Staff Response: Objective 1 of the County's Housing Elernent reads as follows: "The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and future very-low, low and moderate income residents of the County, including those households with special needs such as rural and farm worker housing in rural Collier County." Collier County continues to surpass its stated Objective 1 in its Housing Element by producing 500 new affordable housing units each year. Recent years, in fact, show production levels regularly exceeding 1,500 units per year, with approximately 2,500 produced in FY03. xi WORKSHOP DRAFT The University of Florida's Shimberg Center for ,Affordable Housing estimates that in the year 2000, there were 21,456 cost-burdened households (those paying more than 30% of their gross monthly income for housing expenses) living in Collier County. The Shimberg Center further reports that 7,561 new dwelling units were constructed in the year 2001. However, it should be noted that the mean sales price for housing units in Collier County for a single-family home is $337,613. Collier Count's exceptionally active construction industry continues to produce a large number of units, however these units tend to be out of the affordability range of many of our lowdncome buyers. Section 2.10: Affordable Housing - Non-Profit Housing Development Corporation Major Issue: The EAR will evaluate the success of the non-profit housing development corporation in achieving the affordable housing objectives of the comprehensive plan. Staff Response: The Workforce Housing Advisory Committee included the creation of a non-profit Housing Development Corporation (HDC) as one of its final recommendations to the Board of County Commissioners in April of 2003. The BCC approved the recommendation unanimously and subsequently approved $98,000 to assist in the organization, start-up and funding for the Community Housing Development Organization (CHDO) for its inaugural year. The Steering Committee for the Collier County Housing Development Corporation is in the process of naming a nine-member Board of Directors. Once created, the board will create an Advisory Board to assist in the creation of an overall vision for the CHDO. The HDC will operate as a private nonprofit organization with a 501 (c) federal tax exemption. According to the U.S. Department of Housing and Urban Development, a certified CHDO is a community-based service organization whose primary purpose is to provide and develop decent, affordable housing to low-income households. Furthermore, it must serve a specific, delineated geographic area, either a neighborhood, several neighborhoods, or the entire conmmnity but not the entire state. The Collier County HDC will utilize federal HOME set asides and technical assistance to assist the County in achieving its mission of creating affordable housing for all residents of Collier County. Before the creation of the countywide housing development corporation, the Empowerment Alliance of South West Florida operated as an HDC, but was restricted to the geographic area of Immokalee. They have been in existence for several years and are in the midst of constructing a 26-unit affordable single-family housing subdivision in Immokalee. xii WORKSHOP DRAFT Section 2.11: Affordable Housing - Density Bonus Provisions Major Issue: The EAR will evaluate whether its (the County's) density bonus provisions have been effective in promoting the construction of affordable housing and workforce housing. Staff Response: The Density Bonus program has been successful in producing affordable multi-family rental units. Approximately 500 units per year have been built utilizing this incentive. The program has experienced a recent decline in the past year for at least two reasons. First, the Florida Housing Finance Corporation has classified Collier County as a "Category A" county when competing for low-income housing tax credits. This makes it extremely difficult for prospective affordable housing developers to compete for statewide credits; second, political pressures have influenced private developers away from producing low-income rental units in favor instead of owner- occupied units. However, the existing Density Bonus Program is geared toward producing housing at 60% of median level (in line with the State Housing Tax Credit Program). The cost of land, infrastructure, construction and impact fees in Collier County make it very difficult, if not impossible, for the private sector to produce owner- occupied units serving this income group. When the density bonus formula is used to produce units at the 80% income level, the resulting bonus is still not enough to make producing owner-occupied units attractive to the private sector. The County recommends, in accordance with the Workforce Housing Advisory Committee, making changes to the Comprehensive Plan might include automatic density programs, or programs designed to increase the effectiveness of the density bonus. Section 2.12: Affordable Housing - Loan Tracking Major Issue: The EAR will evaluate whether Housing Element Policy 3.3, regarding a 5% annual increase in the leveraged monies awarded to the County for its housing programs, has been successful in promoting the construction of affordable housing. Staff Response: Collier County has tracked the amount of leveraged monies utilized yearly on units produced through the SHIP Program, If the County maintained a 5% increase per year, the overall escalation since 1997 would be only 34 percento However, as illustrated by the chart found on page 2.12.1 of this report, the overall change in leveraging for the seven-year period is 123 percent. This Policy is clearly being met. In addition, for the seventh consecutive year, the Collier County University Extension Service, in partnership with the Collier County Loan Consortium, has been assisting low- and moderate-income families in Collier County realize the dream of home ownership with homeowner education and mortgage finance assistance. For fiscal year 2002-03, 37 low- to moderate-income families throughout Collier County became new homeowners. The participating financial institutions contributed a total of $4,744,860 with the average loan being $128,239.00. xiii WORKSHOP DRAFT Section 2.13: Affordable Housing - Undeveloped Lots Major Issue: The EAR will evaluate whether the comprehensive plan's prohibition on locating affordable housing on legally non-conforming lots of record has prevented attainment of affordable housing production objectives. Staff Response: The Collier County Growth Management Plan does not prohibit residential construction (affordable or otherwise) on "legally non-conforming lots of record." In fact, the opposite is true. These lots are, by definition, legal. Therefore, lot owners may construct homes on said lots. Presently, the county intends to evaluate the possibility of limiting legally non- conforming lots exclusively to affordable housing. As previously mentioned, affordable housing production objectives have been met, but the objectives are stated lower than the actual need. There are, however, a large number of Estates-zoned lots (between 1 and 1.14 acres) recorded as non-conforming. Many of these lots are located in one of the last affordable areas of the County (Golden Gate Estates) and are in, or very near, the urban services boundary. Authorizing these lots for affordable housing only would create a substantial number of affordable housing opportunities in close proximity to employment centers and municipal services. Section 2.14: Affordable Housing - Infill Development Major Issue: The EAR will evaluate whether the comprehensive plan's requirement that infill parcels must be a minimum of 5 acres in size has permitted attainment of affordable or workforce housing and infill development objectives. Staff Response: This issue may derive from a misunderstanding of criteria contained in the County's Growth Management Plan. The plan contains no provisions requiring a minimum 5-acre parcel for this use. In fact, Collier County amended the Plan in June 2002. The Residential Infill Density Bonus in the Density Rating System is now applicable to properties of 20 acres or less in size (previously 10 acres or less). Section 2.15: Affordable Housing - Comprehensive Housing Inventory Major Issue: The EAR will evaluate to the extent to which Housing Element Objective 4, requMng the County to survey its existing housing inventory, has been achieved. Staff Response: The Housing Stock Inventory Survey Committee has recently been created and the survey instrument has been finalized. Housing stock inventory will begin during the 4th quarter of 2003 in the Immokalee area to assess existing conditions. In addition, the Collier County Code Enforcement Department currently conducts over 24,000 site inspections per year, of which approximately 20,700 are on improved residential properties. The Code Enforcement voluntary compliance rate for violations is excellent. This translates into 20,000 potential housing violations corrected per year. xiv WORKSHOP DRAFT Section 2.16: Affordable Housing - Demolition of Unsafe Housing Major Issue: The EAR will evaluate the extent to which County implementation activities have been successful in demolishing unsafe housing, consistent with the requirements of Housing Element Policy 4.2. Staff Response: After the completion of Housing Stock Inventory Survey to identify the unsafe/substandard housing units that need to be demolished, the funding sources will be identified and demolition implementation will begin in FY 05~ In addition, all residential structures are subject to health and building codes~ Section 2.17: Affordable Housing - Historically Significant Homes Major Issue: The EAR will evaluate the extent to which historically significant homes have been rehabilitated and/or preserved. Staff Response: A list of the known historic homes and structures within unincorporated Collier County was prepared using the Florida Master Site Files for Collier County. The list does not contain any historic homes or structures that may exist in the County's three incorporated municipalities. This list can be found in Appendix 2.17.A of this report. Non-residential structures were added to the above EAR task for the following reasons: 1. In some instances, these structures, although originally intended for some other use, have been used as residential units, or vice-versa. 2. The Master Site Files are broken out by geographic section of the County, not by residential versus non-residential~ 3. The staff analyses and recommendations are applicable to both residential and non-residential structures. Most of the information contained within the Florida Master Site Files (and the staff- generated list) is derived from an historical survey that was conducted in Collier County during 1986 and 1987. In some instances, later information has been hand-written onto various pages by staff, over time. In other instances, Comprehensive Planning staff (staff) was able to supplement Site Files information with information contained on community websites, or as provided by the County's Historical & Archaeological Review Board. The Collier County Museum's restoration efforts at Roberts Ranch were also valuable as a source of information. Unfortunately, for most of the listed homes and structures, the rnost recent data is still from 1986 or 1987. Furthermore, in many instances, the data provided by the 1986-1987 Survey, as recorded in the Master Site Files, was incomplete. Most of the pages reviewed by staff included were not completely filled out, or others had portions of descriptive paragraphs missing, or others contained obvious typographical errors. The Planning Se~'vices Department's Master Site File XV WORKSHOP DRAFT copies are maintained in a binder. Overtime, it appears that the files have not been properly maintained (e.g., pages appear to be missing). Most importantly, there has been no concerted attempt by County staff, or others, to update the results of the earlier survey. Although the Growth Management Plan appears to require periodic historical surveys (e.g., Policy 3.1 of the FLUE), none have been conducted in the County since 1987. The Housing Element, Policy 5.7, requires that a Historical Housing Construction Survey be prepared and updated every five years. There is no designated and funded County agency placed in charge of recording and maintaining lists of historic homes in Collier County. The County has had limited success in preserving historic sites or structures through the development review process. In fact, this is how the County acquired the Roberts Ranch property. Unfortunately, the applicability of this process is limited, because County requirements can only be enforced when the historic property in question is directly involved with some type of zoning or permitting process. The EAR-based amendments should include a recommendation that a new Historical Survey be commissioned for Collier County, and that surveys be performed at some regular interval, thereafter. Also as part of the EAR-based amendment process, the County should evaluate the proper County agency to conduct, maintain and update the Historical Survey. Members of the County's Historical & Archaeological Review Board should be asked to provide input to this issue. Section 2.18: Affordable Housing - Affordable Housing By Right Major Issue: The EAR will evaluate whether the County's failure to allow affordable housing by right at sufficient densities in all land use categories within the urban boundary has hampered the attainment of affordable housing production objectives. Staff Response: The County's Density Bonus Ordinance was recently reviewed by the Workforce Housing Advisory Committee and several changes to it were suggested. Changes proffered by the Committee included creating a "density by right" system for affordable housing developments, altering the percentage required to be affordable in the current formula, and developing separate density calculation formulas for rental and owner-occupied housing developments. The Community Character/Smart Growth Committee are also discussing changes to the Growth Management Plan and Land Development Code that include the provision of residential over commercial by right. These changes could positively affect the production efforts and opportunities for affordable housing within the urban boundary and throughout the entire county. The County will continue to work with the various committees in an attempt to facilitate and promulgate affordable housing in this regard. xvi WORKSHOP DRAFT Section2.18.1: Affordable Housing - Affordable Housing By Right - Immokalee Major Issue: The EAR will evaluate housing construction implementation activities and programs in the Irnmokalee urban area to determine whether housing production objectives in the plan have been achieved. Staff Response: The combination of SHIP, CDBG and other state funding (Urban Infill Grant & State HOME) has assisted in the creation of affordable owner-occupied housing units and affordable rental units. These funds have targeted Immokalee in an effort to promote and promulgate affordable housing. Thirty-five percent of Collier County's SHIP Funds over the past 2.25 years have gone to lmmokalee. Furthermore, 64% of all SHIP activity has been concentrated in lmmokalee - Ist quarter 2003. The percentage increase over time helps illustrate the county's dedication to the revitalization of the Immokalee community. The Immokalee region continues to be among the leading areas of the County concerning the availability of affordable housing for residents earning 80% or tess of the area median income. Section 2.19: Environmental Resource and Habitat Protection - Habitat Restoration Major Issue: The EAR will evaluate the extent to which countywide standards for habitat reclamation/restoration developed by the County Environmental Services staff has been successful in ensuring habitat protection. Staff Response: Collier County has adopted various criteria to protect habitats from destruction by development. These criteria address both the retention of native vegetation and the preservation of wildlife habitat. The original 1989 Growth Management Plan provided for 25% retention of "viable naturally functioning native vegetation." The GMP is implemented during the County's land petition and site development review process. Applicants must submit a vegetation inventory, including the amount of vegetation to be preserved on site. Staff reviews these applications roi' consistency with the requirements of the GMP and the Land Development Code to ensure the proper amount of vegetation is retained on site~ For the 1996 EAR, staff analyzed the amount of vegetative communities retained by permitted developments. This analysis has been repeated for the cun'ent EAR. The analysis indicates that application of the retention standards have set aside total vegetative communities at values that exceed the "nominal" value of 25% as adopted in the 1989 Growth Management Plan. These results do not reflect the new amendments that were adopted in 2002 in response to the Governor and Cabinet's Final Order addressing the Rural Agricultural Area Assessment. It is expected that these new policies will provide for at least the same xvii WORKSHOP DRAFT amount of overall retention. The new policies also provide for a priority list of habitats that must be retained as part of the vegetation retention requirement. Overall, the majority of the enabling policies continue to be relevant for all of the objectives reviewed in Section 2.19 of this report, and these policies will therefore be retained in the updated comprehensive plan. It will require some time to evaluate the impact of the recently adopted vegetation retention policies. Therefore, the EAR-based amendments should not include specific changes relative to this issue, Section 2.20: Environmental Resource and Habitat Protection - Environmental Management Programs Major Issue: The County will assess whether its environmental management programs have been successful in protecting environmental resources and habitat areas. Staff Response: In June 2002, the GMP was amended in response to the Governor and Cabinet's Final Order addressing the Rural Agricultural Area Assessment. These amendments adopted more specific preservation and retention requirements for the Rural Fringe and Eastern Lands areas and for other areas of the County as well These amendments created various mechanisms for environmental protection. A listing of these mechanisms is as follows: · Adoption of Vegetation Retention, Wetland Preservation and Listed Species standards applied at the project review level, · Adoption of NRPAs and Sending Lands land use restrictions in the Rural Fringe · Adoption of Flowway and Habitat Stewardship Areas in the Eastern Lands In November 2002, the County voters passed a referendum authorizing an environmental lands acquisition program. The program, Conservation Collier, is authorized to bond up to $75,000,000 to purchase environmentally sensitive properties~ The Target Protection Areas include properties in the Urban Lands and North Golden Gate Estates having predominantly native vegetative cover, NRPAs, Sending Lands, Flow-way Stewardship Areas, and Habitat Stewardship Areas that are shown on the Future Land use Map. As of November 2003, approximately 500 acres were under review by the Conservation Collier Land Acquisition Advisory Committee. The County is currently in the process of adopting the Land Development Regulations to implement these protection mechanisms and, therefore, has not had sufficient time to fully implement the Final Order directed amendments. The Conservation Collier land acquisition program is also in its beginning stages. Although the Final Order amendments have yet to be implemented, the County has been able to retain 31% of habitats through the development review process, It will take some additional time before the County can evaluate the impacts of the recently adopted amendments. Therefore, the EAR-based amendments should not include specific changes relative to this issue. xviii WORKSHOP DRAFT Section 2.21: Environmental Resource and Habitat Protection - Coastal Barrier and Estuarine Resources Major Issue: The EAR will review the successes and failures of current County programs in protecting coastal barriers and estuarine resources. Staff Response: The 1989 Growth Management Plan adopted a number of Objectives that addressed the protection and conservation of the County's coastal and estuarine resources. These objectives and their attendant policies specifically identified the maintenance of water quality standards within the estuaries and canals discharging to the estuaries, the appropriate protection of coastal barrier and estuarine habitats, the protection of certain listed species within this area, and the creation of artificial reefs~ The GMP is implemented during the County's land petition and site development review process. Applicants must submit their development plans including vegetation inventories, the amount of vegetation to be preserved on site, stormwater management plans and listed species management plans, if applicable. Staff reviews these applications for consistency with the requirements of the GMP and the Land Development Code. The County's Pollution Control Department also conducts a water quality program by collecting and testing surface and ground water samples. Assessment of the available data (see Section 2.21 of this report) indicates that coastal and estuarine habitats have been preserved at levels greater than 99% of the original habitat. Although no data are available for assessing impacts to submerged habitats, the County does implement various sections of the Land Development Code that provide protection for sea grasses around boat docks. Boat-related manatee deaths are within the 3.2 boat deaths per 10,000-boat benchmark identified in Conservation and Coastal Management Element (CCME) Objective 7.2. Sea Turtle disorientations are also within the 5% benchmark identified in CCME Objective 7.3. The County has continued to place materials in the Gulf within its artificial reef sites. The Everglades West Coast Basin Status Report, which was done in November 2001 by the Florida Department of Environmental Protection, has identified 9 water bodies within Collier County that have potential impairment of water uses. Although the majority of WQI scores are in the "Good" range, it is recommended that the County further evaluate the extent of these potential problems and identify a strategy to address non-point sources of pollution. Section 2.22: Hurricane Evacuation - Limiting Development in the Coastal High Hazard Area Major Issue: The EAR will evaluate the degree to which planning objectives related to limiting development in coastal high-hazard areas have been achieved. xix WORKSHOP DRAFT Staff Response: Collier County has not experienced a catastrophic countywide disaster since Hurricane Donna in 1960. Despite the County's good fortune and the relatively short collective, memory of its residents, the County has not been lulled into complacency. Over the years, Collier County's Board of County Commissioners have instituted policies, that have resulted in limiting development within the Coastal High Hazard Area (CHHA). These strategies have included denying all taxpayer subsidized, unimproved capital improven-tent projects within the CHHA; denying any transfer of developments rights within the CHHA; and limiting any density increases through the density rating system. Over the past six years, there has been an overall land use density increase of 35% within the Coastal High Hazard Area (CHHA). Furthermore, there was an overall average increase of 67% in residential development occurring in the CHHA. Based upon this empirical evidence, the preliminary conclusion is that the County's objectives have fallen short on limiting development, especially single-family residential, within the CHHA. However, the density rating system has played and will continue to play a pivotal role in controlling development within the CHHA. The majority of residential development that has occurred over the past seven years has been within the Urban Coastal Fringe Subdistrict, which has a current density cap of only 4 dwelling units per acre. However, of the 39 Planned Urban Developments (PUDs) within the CHHA, two of them, both of which are vested developments given development approval prior to the County's first adopted GMP in 1989, make up 54% of the total acreage; 64% of the single-family residential and 34% of the multi-family residential development. Based upon the analysis contained in Section 2.22, no changes are recommended to the GMP with regard to limiting development in CHHA. In addition, existing objectives and policies have been effective in addressing hurricane evacuation. Section 2.23: Hurricane Evacuation - Limiting Public Expenditures that Subsidize Development in the Coastal High Hazard Areas (CHHA) Major Issue: The EAR will evaluate the degree to which planning objectives related to limiting public expenditures that subsidize development in coastal high-hazard areas have been achieved. Staff Response: In an effort to dissuade development within the Coastal High Hazard Area (CHHA), Collier County has made a concerted effort over the past seven years so that the Capital Improvement Element and the Future Land Use Element work together to the degree that public expenditures in the CHHA are limited to those public facilities needed to support new development to the extent permitted, by right, in the Future Land Use Element. In addition, public expenditures shall include the following categories: A. Maintenance of existing public facilities: XX WORKSHOP DRAFT B. Beach, shore and waterway access; C. Beach renourishment One of the notable discoveries was the type of residential development activity that has occurred within the CHHA. Staff especially took note of the shmqp contrast of the Marco Shores/Fiddler's Creek Community Development District (CDD) versus all of the other PUDs, which are non-CDDs. To briefly state how a CDD is defined under Section 190.005 (2), Florida Statutes, the Community Development District (CDD) is the best alternative available for delivering community development services and facilities to the area that will be served internally by the CDD. The cormnunity development services and facilities of the CDD will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The area that will be served by the district is amenable to separate special district government. The impact of Fiddler's Creek have been notable: 72% of single-family residential development over the past seven years has been done by Marco Shores/Fiddler's Creek CDD 52% of multi-family residential developmenl over the past seven years has been done by Marco Shores/Fiddler's Creek CDD 75% of all residential development over the past seven years has been done by Marco Shores/Fiddler's Creek CDD The most noteworthy fact is the average gross density of all approved residential development, that being PUDs, over the past seven years was 3.5 dwelling units per acre. Matter of fact, this density is below the standard base density of all urban designated lands of 4 dwelling units per acre. The residential development pattern over the past seven years for all of the remaining residential development has mostly been located in Planned Urban Developments, this has transpired within the Urban-Agricultural/Rural Land Use Designations. As a result of the success associated with the strict criteria and conditions in the FLUE, no changes are recommended to existing objectives and policies in the GMP. Section2.24: Hurricane Evacuation - Maintenance of Clearance Times and Adequate Shelter Space Major Issue: The EAR will evaluate the degree to which planning objectives related to hurricane evacuation, maintenance of clearance times, and maintenance of adequate shelter space have been achieved. xxi WORKSHOP DRAFT Staff Response: Collier County participated in the preparation of the Southwest Florida Regional Hurricane Evacuation Stud,/2001 prepared by the Southwest Regional Planning Council. This Study contained a section that assessed Collier County's vulnerability to tropical storms and hurricanes using the Sea, Lake, and Overland Surges from Hurricanes (SLOSH) model. The SLOSH model used thirty-three points in Collier County for time history analysis. These points represent the potential greatest height of storm water flooding for each category storm. One of the primary assumptions of the model used in this study concerns the percentage of vulnerable residents likely to evacuate. For example, prior to a recommended or ordered hurricane evacuation it may be known that, based on traffic movements, 10% of the vulnerable population has evacuated early. Based on behavioral science, 10%, in fact, may not evacuate. Therefore, it can be assumed that 80% of the population will evacuate can be used in the SLOSH model. The primary assumptions and multipliers, including occupancy rates used in the model, can and should be changed if new data becomes available to support different assumptions or multipliers to fit the specific hurricane scenario threatening Collier County. Comprehensive Planning staff has re-analyzed the impact of a major hurricane evacuation on the County using 2000 Census population projections. This analysis shows that evacuation times have actually decreased over the past seven years, in spite of the marginal increase in population size and increased traffic, primarily due a number of roadway projects. The analysis also shows that the County has provided adequate shelter space for its vulnerable population up to a Category 1 hurricane. The County will continue to enforce its existing land use regulations for land use intensities/densities within the CHHA to curtail the current deficit of shelter space for a Category 2 or greater hurricane and to either maintain or reduce clearance times in the future. In order to continue to strive to make progress in maintaining or decreasing evacuation clearance times and reducing the deficit of emergency shelter space, Collier County should do the following: Create a "Special Populations at Risk" Overlay that will prohibit the construction of nursing/convalescent centers and hospitals within the County's designated CHHA that are not located within "close" proxin-fity to designated hurricane corridor/arterial roadways. Within the CHHA, the County should identify hurricane evacuation roadway segments/constrictions points that are at a level service D or worse with the implementation of building construction program to build hurricane evacuation shelters. Adding Hurricane Evacuation Shelters as a new Category A of Public Facilities list. The County should create an interlocal agreement for all adjacent, incorporated governments that are within the CHHA, that being Everglades City, City of xxii WORKSHOP DRAFT Marco Island, and the City of Naples, in regards to the approval process for large.- scale developments that will impose direct, negative impacts on the LOS of roadways/hurricane evacuation corridors in Collier County. Section 2.25: Hurricane Evacuation - The Coastal Construction Control Line (CCCL) Program Major Issue: The EAR will evaluate the success of the Coastal Construction Control Line program in reducing the amount of property subject to damage by hurricanes or coastal storms. Staff Response: Staff conducted a GIS analysis to evaluate the amount of development that has occurred seaward of the Coastal Construction Setback Line (CCSL) and Coastal Construction Control Line (CCCL) and U.S. 41 (U.S. 41 is the landward boundary of the Coastal High Hazard Area for portions of the County). By comparing the 1995 and 2002 aerials, staff was able to estimate the amount of development that has occurred seawm'd of these boundaries during this timeframe. Only 45 additional structures were found to be located seaward of the State's CCCLo Of those 45 structures, 9 structures were found seaward of the CCSL in the 7 years evaluated between 1995 and 2002. This analysis also indicates that amount of acreage built seaward of the CCSL is approximately 0.42 acres (less than 20,000 square feet). The County recommends maintenance of the current Objectiveso It is further recommended that since the State revised its line in 1989, after the adoption of the County's Plan, the existing policy references to the CCCL should be changed to reference the County's CCSL. Section 2.26: Wellhead Protection - Administrative Arrangements Major Issue: The EAR will evaluate the County's wellhead protection programs and management criteria to determine the degree to which related planning objectives have been achieved. Staff Response: Pursuant to Section 163.3402, F.S., Collier County has adopted the Ground Water Protection Section (3.16) of the County's Land Development Code (LDC), which is in conformity with the components of Collier County's adopted Growth Management Plan~ Section 3.16 establishes standards, regulations and procedures for the review and approval of existing and proposed development within the mapped wellfield protection zones in the unincorporated and incorporated areas of Collier County. Collier County identifies and protects natural groundwater aquifer recharge areas from activities that could degrade and/or contaminate the quality of groundwater. Occasional exceedances in chromium and lead from random water samples taken over the past seven years may be related to both non-point and point pollution sources xxiii WORKSHOP DRAFT throughout the County. However, there has been no observable "trend pattern" that would warrant a "very intensive study" within the spatial proximity of the geographic area consisting of the thirteen monitoring wells. Overall, the low number of exceedances indicates that the CCME's Objectives 3.1, 3.3 and 3.4 has been partially achieved. Statistically speaking, the County's thirteen groundwater-monitoring wells cannot provide definitive conclusions as to the overall groundwater quality within Collier County~ The County will need to address this issue through more funding, manpower and assistance from federal and state agencies, such as the Florida Department of Environmental Protection. In the meantime, the County's Pollution Control and Prevention Department, the Big Cypress Basin Board and the South Florida Water Management District have embarked upon an ambitious program to establish a baseline set of groundwater quality data for Golden Gate Estates, an area of approximately 93 square miles. Analysis of this data, once it is established, will include a quantitative determination of contaminants present in the County's water supply and a determination as to how these substances may have entered the groundwater (e.g., from septic systems, landscaping and agricultural activities, and mechanical work resulting in the release of chlorinated solvents or petroleum products into the groundwater). Objective 3.1 of the CCME requires the County to achieve compliance with State and Federal water quality standards by January 2002 and to maintain such water quality thereafter. Staff believes that this is not an obtainable objective. Due to local geological conditions, aquifer systems may have contaminant concentrations that exceed State standards (Primary/Secondary Drinking Water Standards) that were established for Municipal Water Supply Utilities. To make this objective more attainable, staff recommends that this objective be reworded to state: "Collier County shall continue to take the necessary actions to maintain a high level of ground water quality within its aquifer systems. Collier County will apply the Federal and State water quality standards as a means of achieving this objective." Section 2.27: Urban Development Pattern - Extent of Redevelopment within the CRAs Major Issue: The EAR will assess the extent of redevelopment within the designated redevelopment areas. Staff Response: On March 14, 2000, the BCC adopted Resolution 2000-82, determining that two areas in unincorporated Collier County suffered from conditions of blight, as defined in Section 163.340 (8) F.S~ According to the Resolution, "the rehabilitation, conservation or redevelopment, or a combination thereof, is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida." As a result of this finding, Resolution 2000-83 was adopted, establishing the Collier County Community Redevelopment Agency (CRA), which, in accordance with Section 163.357 F.S., declared the BCC to be the CRA Board. This resolution also provided for the creation of two advisory boards for each of the newly designated conmmnity redevelopment areas--the Bayshore/Gateway Triangle Area and xxiv WORKSHOP DRAFT the Immokalee Area--to be composed of citizens, residents, property owners and business owners (or persons engaged in business) in these areas. On May 23, 2000 the Collier County CRA met for the first time. As required by State Statute, a redevelopment plan that provided a framework for the effective redevelopment of the Community Redevelopment Areas was eventually prepared and presented to the Collier County Planning Commission, the CRA Board, and the Board of County Commissioners. The BCC adopted the Collier County Community Redevelopment Plan, as set forth in Resolution 2000-181, on June 13, 2000b The Plan outlined goals for each community redevelopment area and recognized several funding sources for their implementation, including the use of Tax Increment Financing (TIF). Collier County recommends continued implementation of the Collier County Community Redevelopment Plan, as set forth in Resolution No. 2000-181. Section 2.28: Urban Development Pattern - Neighborhood Commercial Major Issue: The EAR will assess whether the lack of neighborhood (small-scale) commercial uses has prevented achievement of planning objectives related to mixed-use development. Staff Response: The Collier County Future Land Use Element (FLUE) contains no specific provisions for neighborhood-scale commercial development. Where such development occurs it either pre-dates adoption of the 1989 Growth Management Plan (GMP) or is within a particular future land use designation, such as a District or SubdistricL In the latter instance, the neighborhood commercial development is usually part of a Planned Unit Development (PUD). Any of the FLUE's commercial future land use designations would allow neighborhood- scale commercial uses as part of a larger mixed-use development. However, the following subdistricts allow "stand-alone" neighborhood-scale commercial uses subject to specific criteria: PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Buckley Mixed Use Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict and the Rural Commercial Subdistrict. The Golden Gate Area Master Plan Element (GGAMP) is much more restrictive than the FLUE with regard to commercial development. However, all of the commercial designations within the GGAMP would allow neighborhood commercial uses and are, for the most part, restricted to such uses~ The hnmokalee Area Master Plan (IAMP) allows neighborhood-scale commercial development within certain designated areas. Both the IAMP and the GGAMP recognize certain areas as having pre-1989 commercial uses. including those of a neighborhood scale~ XXV WORKSHOP DRAFT Recently, the County amended the text of the Traditional Neighborhood Design Subdistrict in order to make this designation more attractive to small-scale commercial development. The EAR-Based Amendments should include new provisions, within the Future Land Use Element, the Golden Gate Area Master Plan and the Immokalee Area Master Plan, that would allow the siting of neighborhood-scale commercial uses at suitable locations in or near residential areas. Such uses should be allowed, under appropriate conditions and siting criteria, independent of specific commercial or mixed-use districts or sub- districts. Section2.29: Urban Development Pattern - Industrial/Commercial Locational Criteria Major Issue: The EAR will evaluate whether the industrial/commercial locational criteria included in the plan have resulted in development that supports the County's mixed-use planning strategies. Staff Response: The demand projections conducted for the 1995 Evaluation and Appraisal Report showed that county-wide there was sufficient industrial land until the year 2020; however, when the demand projections were separated by area (Coastal Area and Immokalee Area) the results showed that there may be a demand for additional industrial by 2010 in the Coastal Area. In May of 2001, the Economic Development Council (EDC) of Collier County began meeting with Planning Services staff to discuss issues related to the adequate provision of lands for the EDC's high tech target industries. As a result, staff conducted an Industrial Inventory and found there were a limited number of parcels remaining in the Coastal Urban Area that meet the location criteria for Business Park Subdistrict. In response Planning Services Department staff drafted preliminary language for a new land use provision to address incentives fi'om a land use perspective and provide additional incentives and opportunities for the development of industrial uses and workforce housing within the County's Coastal Urban Area. In 2002 the County adopted an amendment to the Future Land Use Element of the Growth Management Plan to add the "Research and Technology Park Subdistrict"o The intent of this subdistrict is not to replace the existing "Industrial" District and "Business Park" Subdistrict, but to provide an additional alternative and incentive to land owners seeking to develop limited available land within the Coastal Urban Area. The Research and Technology Park Subdistrict also includes locational criteria that provides incentives for the provision of work force housing by allowing the Park to be located adjacent to residential uses or zoning. The provision of additional incentives and opportunities for the development of industrial uses and workforce housing within the County's Coastal Urban Area has been achieved xxvi WORKSHOP DRAFT through the implementation of a new subdistrict ("Research and Technology Park Subdistrict") and will only assist to further realize Collier County's mixed-use planning strategies. Staff will continue to monitor industrial development within Collier County to ensure the industrial inventory meets the demands of its growing population, Section 2.30: Urban Development Pattern - Urban Residential Fringe and Activity Center Subdistricts Major Issue: The EAR will examine the type and amount of development that has occulted within these subdistricts in order to evaluate the extent to which they have achieved planning objectives related to mixed-use development and urban sprawl. Staff Response: Commercially zoned land within the Mixed Use Activity Center and Interchange Activity Center Subdistricts continues to be the dominant land use category as most properties are rezoned to a commercial zoning district and develop with commercial land uses. However, under the primary characteristics of what constitutes urban sprawl as referenced in 9J-5.006(5)(g)(3), the main goal of these two activity center subdistricts is to concentrate all new commercial development within carefully configured access points to the main arterial roadway network. Based upon staff's analysis, this has been deemed unsuccessful, and there continues to be commercial development in radial, strip, isolated or ribbon patterns emanating outside of these activity center subdistricts. The majority of commercially zoned lands lie outside of activity centers. Some of these lands are consistent with other commercial locational criteria in the FLUE° However, most of these lands were zoned commercial at the time of the FLUE adoption in 1989 and were subsequently evaluated under the County's zoning re-evaluation program pursuant to former policy 3.1k and were allowed to retain their commercial zoning. These properties are identified on the Consistent By Policy Maps, part of the Future Land Use Map series, and are recognized in FLUE Policies 5.9 - 5.12. Also, some of these lands were rezoned to commercial based upon the former activity center boundaries, and are recognized in FLUE Policy 5.13. Based upon the data and analysis, the integrity of the Urban Residential Fringe Subdistrict in providing transitional densities between the Urban Designated Area and the Agricultural/Rural Area has been maintained. Moreover, the residential land uses may be allowed at a maximum density of 1.5 units per gross acre. The underlying objectives of this subdistrict have been achieved in regards to preventing urban sprawl. Section 2.31: Urban Develop~nent Pattern - Antiquated Platted Subdivisions Major Issue: The EAR will evaluate the effectiveness of activities that have been undertaken to implement plan objectives related to antiquated subdivisions. xxvii WORKSHOP DRAFT Staff Response: This section of the E.A.R. summarizes Collier County's efforts at managing growth in its lin'ge, antiquated subdivision areas, particularly Golden Gate Estates. The Estates, with Golden Gate City, are regulated through the Golden Gate Area Master Plan, an Element of the County's Growth Management Plan. This Element is currently undergoing a two-phased amendment process, the Golden Gate Area Master Plan Restudy. Phase 1 of the Restudy Amendments was approved in September of 2003 and has recently become effective. Phase 2 of the Restudy Amendments will be transmitted to the Florida Department of Community Affairs during 2004. The GGAMP was originally adopted in 1991 and was updated in 1997 and 2003. A fourth set of update amendments, the Phase II Golden Gate Area Master Plan Restudy Amendments, will be transmitted to the State in 2004. The Master Planning process remains the best means by which to manage growth within the antiquated subdivision areas. These areas are not amenable to large-scale deplatting or replatting methods because a large percentage of the antiquated lots are currently occupied by single-family homes. Perhaps, in the past, the County should have taken the opportunity to replat portions of these areas, but that opportunity is now gone. Through the Master Plan process, the County has taken a phased approach to gradually provide these areas (particularly Golden Gate Estates) with public services and amenities. Section 2.32: Urban Development Pattern - Traffic Congestion Boundary Major Issue: The EAR will evaluate whether the Density Rating System (DRS), which guides residential density within the Greater Naples Urban Area, and its use of the traffic congestion boundary, which lowers the allocated density for developments located west of the boundary, have been effective in achieving plan objectives related to hurricane evacuation and urban infill. Staff Response: The County's Density Rating System is contained within the Future Land Use Element (FLUE), the Golden Gate Area Master Plan (GGAMP) and the Immokalee Area Master Plan (IAMP). However, only the FLUE contains Density Reduction Factors, such as the Traffic Congestion Area Boundary. The purpose of the Density Rating System is to provide a methodology for allocating residential density (i.e., residential units per gross acre) through the development review process. The Traffic Congestion Area Boundary Density Reduction Factor was intended as a means of reducing long-range traffic impacts of new development within the coastal urban area. This Density Reduction Factor was not intended to relate to hurricane evacuation (at least, not directly). Additionally, it would not provide any incentive for urban infill development. The text of the Reduction Factor is contained in part B., of this section of the Evaluation & Appraisal Report. However, even in regard to its intended purpose, the Traffic Congestion Area Boundary Reduction Factor has not been effective. Therefore, as part of the EAR-based amendments, this reduction factor should be deleted and replaced with a reduction factor xxviii WORKSHOP DRAFT relative to the Coastal High-Hazard Area. There are four (4) reasons for this recommendation: It is possible, by wise use of Density Bonus Provisions, to counteract the loss of density caused by the Traffic Congestion Area Reduction Factor. For instance, use of the Bonus Provision for conversion of commercial zoning can allow a project to be eligible for the County's maximum allowable density (16 units per acre). Historically, the majority of projects do not develop to their maximum approved density at any rate. Thus, as regards the actual completion of an approved development, the density reduction factor may have little or no impact. The County has recently adopted a "checkbook" concurrency system, which in many ways obviates the need for the Traffic Congestion Reduction Factor. A Coastal High Hazard Area Density Reduction Factor would be more closely related to reduction of hurricane evacuation impacts and would not be as much of a disincentive to urban infill, as it would incorporate a smaller portion of the urban area. Section 2.33: Economic Development - Immokalee Urban Boundary Major Issue: The EAR will evaluate the success of implementation activities in attracting new businesses, permanent residents and financial investment to the Immokalee Area. Staff Response: There are two aspects to the above requirement. One aspect is an evaluation as to whether the Immokalee Urban Boundary (i.e., the shape and size of the Immokalee Urban Area Designation) has had an impact on the area's attraction of "new businesses, permanent residents and financial investment." The second aspect of the requirement concerns the manner in which Growth Management Plan goals, objectives and policies relative to the Immokalee Area have been implemented, and the impact of such implementation "in attracting new businesses, permanent residents and financial investment to the Immokalee Area." At this time, there is no justification for either contracting or expanding the current boundaries of the Immokalee Urban Area. A review of the Irnmokalee Area Master Plan (see Section 1.5.J of this report) does reveal a number of shortcomings. However, these may be addressed without impacting the current Urban Boundary. Collier County will continue to address planning issues within the currently designated Immokalee Urban Area without the need for either contracting or expanding the current Urban Boundary. If development patterns within surrounding RLSA areas so warrant, the Immokalee Urban designation may be expanded into these areas as is appropriate. xxix WORKSHOP DRAFT Section 2.34: Economic Development - lmmokalee Regional Airport Major Issue: The EAR will evaluate the degree to which the industrial park and foreign exchange zone located at the Immokalee Regional Airport property have achieved economic benefits for the Immokalee Area. Staff Response: Currently, the airport property (which appears on both the Immokalee and Countywide Future Land Use Maps) has an industrial use designation, both in the lmmokalee Area Master Plan (see Section 1.5.J of this report) and the Collier County Land Development Code (LDC). A portion of the Airport property has been leased to a private interest for the operation of a drag racing venue and associated campground. Currently, these uses are under a Temporary Use Permit, however the private lessee and the Collier County Airport Authority (which operates all County- owned airports) are seeking to convert these uses to permanent features. Doing so would require an amendment to the Immokalee Area Master Plan. Currently, the immokalee Area Master Plan (IAMP) and its Future Land Use Map designate the Airport property as "Industrial District" (ID). According to the Land Use Designation Description Section of the IAMP, the purpose of the Industrial Designation "is to provide industrial type uses including those uses related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage, computer and data processing, business services, limited commercial such as child care centers, and restaurants and other basic industrial uses but not including retail, as described in the Land Development Code for the Industrial and Business Park Zoning Districts. Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures, which are customarily accessory and clearly incidental and subordinate to, permitted principal uses and structures are also permitted." Oddly enough, the Immokalee Industrial Designation (which includes primarily the Airport property) does not have "Airport" as an allowed use. At a minimum, the Industrial Designation should be amended to recognize the airport's existence. As part of the current Immokalee Area Master Plan Evaluation, Collier County examined the potential to convert the airport to some other use, such as an industrial park. Unfortunately, several factors concerning the airport property act to prevent such a conversion. All three County airports, including Immokalee, are general aviation airports included in the National Plan of Integrated Airport System (NPIAS). Membership in NPIAS is required for an airport to be eligible to receive federal grants under the Airport Improvement Program (AIP). The Immokalee Airport property was obtained by quitclaim deed in 1960 under the Federal Surplus Property Act. The deed contains a clause that the property XXX WORKSHOP DRAFT o shall be used for public airport purposes for the use and benefit of the public. Except as provided in the following statement, the property may be re-transferred only with the proviso that any such subsequent transferee assumes all the obligations imposed by the deed. The property may not be used, sold, salvaged, or disposed of for other than airport purposes without the written consent of the FAA. The FAA will only grant consent if it determines that such can occur without materially or adversely affecting the development, improvement, operation or maintenance of the airport at which such property is located. Therefore, it appears the County, with FAA approval, could sell or lease the airport. Although the FAA has permitted and even encouraged some limited forms of privatization, such as contracting for airport management or allowing private companies to develop and lease terminals, it has, in the past, questioned the sale or lease of an entire airport to a private entity. A Deed of Release, dated June 9, 1965, released the County from the "national emergency use" provision contained in the 1960 quitclaim deed, thus providing the County with the ability to use certain areas of the property for industrial purposes under long-term leasing arrangements. 4. The Immokalee Airport and Industrial Park have received grant funds through the end of FY 2002 totaling $6,412,129. This figure represents monies received from 5 different grant agencies, including the U.S. Department of Agriculture ($690,000), U.S. Department of Commerce ($793,073), U.S. Department of Housing and Urban Development ($750,000), Florida Office of the Governor ($327,773), and FDOT ($3,851,283). Any grant funds received in FY 03 would need to be added to this amount~ There is a potential liability to the County for the repayment of the full amount of this grant money, or some portion thereof. The exact amount would have to be determined by the respective agencies. The airport has 30 T-hangars that are leased on a month-to-month basis. Of the 13 property subleases, 4 are on a month-to-month basis, 2 are on a year-to-year basis, and one is pending renewal. Of the remaining 6, 4 expire between July 31., 2004 and March 31, 2008; one expires in 2025 and one in 2028. A legal opinion is needed to determine any penalties to the County for early termination of any or all of these leases. Additionally, grant funds are associated with some of the building leases. Selling the Imlnokalee Airport does not appear to be a feasible option; however, if the Board of County Commissioners wished to pursue this option, further research would be needed. xxxi WORKSHOP DRAFT The EAR-based amendments should include an amendment to the Immokalee Area Master Plan's Industrial Designation that recognizes the Airport as a permitted use. Recently, Collier County has adopted a Countywide Economic Incentives Package that includes specific provisions for the Immokalee Area. This package should be adopted by reference in the County's Economic Element, and these incentives should be included in any marketing campaign relative to the Immokalee Airport. Section 2.35: Historical Arrangements and Areheological Resources - Administrative Major Issue: The EAR will evaluate the County's implementation activities, including current administrative arrangements such as enforcement through the Zoning & Development Review Department's review of Rezoning Applications; have been successful in achieving planning objectives. Staff Response: The Collier County Historic & Archaeological Preservation Board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, as set forth in Section 5.14 of the Land Development Code, under the direct jurisdiction and control of the Board of County Commissioners. The Preservation Board functions as an advisory board to the Board of County Commissioners. The Collier County Historic & Archaeological Preservation Board consists of seven members that have been appointed by the Board of County Commissioners. Appointments by the Board of County Commissioners are on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. Each member of the Preservation Board must also be a resident of Collier County, Florida. Each member of the Historic Preservation Board represents one of the following categories: 1o History 2. Archaeology 3. Real Estate, Land Development or Finance 4. Architecture, Engineering, Building Construction, and/or Landscape Architecture 5. Law or Urban Planning. The designation of specific sites, structures, buildings, districts, and properties may be initiated by the Preservation Board or by a property owner. Upon consideration of the Preservation Board's findings and recommendations, and upon the consideration of the criteria and guidelines contained in the Land Development Code, the Board of County Commissioners may either approve, by resolution, or deny a petition for historic designation. The Board of County Commissioners has designated the following sites and structures as locally significant. xxxii WORKSHOP DRAFT Smallwood's Store, Chokoloskee Island: This store was established in 1906 and is now one of the oldest buildings in Collier Count),. The structure is also listed on the National Register of Historic Places~ Weaver's Station, East U.S. 41: This is one of the original way stations erected in 1928 on the Tamiami Trail. Rosemary Cemetery, U.S. 41 at Pine Ridge Road: There are 60 people buried in Rosemary Cemetery, which was established by E.W. Crayton in 1931, Many of the decedents were early pioneers to the area and were considered founding fathers of Collier County~ Ochopee Post Office, Ochopee: Established in 1953, this is the smallest of all the United States Post Offices and is still a significant and funclioning reminder of the early tomato farming community in Ochopee, The structure is also listed on the National Register of Historic Places. Captain John Horr House, Key Marco: Remains of the home of one of the early settlers in the Marco Island Area. The Board of County Commissioners designated this structure as locally significant in 1996. The structure is also listed on the National Register of Historic Places. The County has recently completed an update to its Historical/Archaeological Probability Model and the accompanying series of Historical/Archaeological Probability Maps. These documents provide the framework for a unified and consistent program for the administrative arrangements of Collier County's historical and archaeological resources. While the model and maps identify the areas of highest archaeological probability to the best of available information, there can be no question that prehistoric and historic archaeological sites will occur outside the delimited probability areas, and some probability areas may not contain any sites. Future research will refine the model to account for these deviations. No archaeological probability model is static; each is a "working document" which requires periodic revision° The County is of the opinion that all enabling objectives and policies relevant to this issue should be retained and that no new objectives and policies need to be adopted° Summary of Special Topics & County Staff Responses: Section3.1: Coordinating future land uses and residential development with the capacity of existing and planned schools Special Topic: An assessment of the success or failure of coordinating future land uses and residential development with the capacity of existing and planned schools, establishing with the school board appropriate population projections and coordinating the planning and siting of new schools (School Planning). XXXlU WORKSHOP DRAFT Staff Response: Overall, coordination between the Collier County School Board and Board of County Commissioners has been successful - schools have been constructed proximate to the population base and in a timely manner. However, both entities have acknowledged that improvements could be made. In May 2003, both the Collier County School Board and Collier County Board of County Commissioners (BCC) - as well as the three incorporated cities - adopted Interlocal Agreements pertaining to school siting (see attached Agreements). The agreements establish specific processes for determining consistency with the Growth Management Plan - including mapping sites containing existing schools and support facilities and mapping existing sites owned by the School Board for future schools and support facilities; conformance with zoning and other land development regulations; and, sharing of demographic information° A GMP amendment to implement the Interlocal Agreements was adopted by the Board of County Commissioners on December 16, 2003° Implementing amendments to the Collier County Land Development Code have already been adopted. Staff is not recommending that any additional implementing amendments be included within the EAR-based amendments. Section 3.2: Compliance with the South Florida Water Management District's Lower West Coast Regional Water Supply Plan Special Topic: An assessment of the local comprehensive plan with respect to the appropriate water management district's regional water supply plan, including whether the potable water element should be revised to include a work plan, covering at least a 10-year period for building water supply facilities for which the local govermnent is responsible that are needed to serve existing and projected development (Water Supply/Land Use Planning). Staff Response: In May 2002, the Florida Legislature amended Chapter 163, Florida Statutes (F.S.) requiring the preparation and adoption of a 10-year Water Supply Facilities Work Plan (WSFWP) by local governments with water supply facility responsibilities. This WSFWP is required to assess water needs and sources in conjunction with the local regional water supply plan to strengthen coordination of water supply planning and local land use planning for the Collier County Water-Sewer District (CCWSD), the Town of hnmokalee, the Florida Governmental Utility Authority (Golden Gate City) and the Orange Tree Utility. During the Evaluation and Appraisal Report (EAR), four Collier County Growth Management Plan (GMP) Elements must be evaluated for consistency with the WSFWP and the plans of the regional water management districts, in this case the Lower West Coast Water Supply Plan (LWCWSP). The incorporated municipalities within Collier County, the City of Naples, the City of Marco Island, and Everglades City, will each submit their own Water Supply Facilities Work Plans and as appropriate, enabling GMP amendments, pursuant to the amended Florida Legislature requirements. xxxiv WORKSHOP DRAFT Collier County's Water-Sewer District currently serves approximately 118,116 customers on a permanent population basis with potable waler. Based on total future projected growth in the potential, it is estimated that the County will be serving approximately 229,200 customers with potable water in the Year 2013. In 2001, Collier County updated the Water Master Plan, recognizing the need to provide water services to a rapidly growing population. At the time, the existing Water Master Plan had not been updated in approximately four years. The Water Master Plan Update was updated in 2002 to continue to plan for future water supply and infrastructure needs to meet the requirements of growth, infl'astructure renewal, replacement and enhancement. The updated Water Master Plan Update contains a recommended program of Objectives to be achieved during a five-year period (see Section 3.2). Although there will be a considerable degree of difference in timing between the preparation of the EAR and the adoption of the Master Plan, the water demand projections modeled in this document use a methodology for the CCWSD similar to those previously used and approved by the SFWMD. The WSFWP contains analysis and explanation of those small differences. The WSFWP, prepared using the 2002 Water Master Plan Update, is secondary to the most recently adopted Water Master Plan Update as the County's official plan for water capital improvements and the basis for a 5-year Capital Improvement Schedule indicated in the updated Capital Improvement Element. An analysis of objectives and policies in the Potable Water Sub-Element, Conservation and Intergovernmental Coordination Element of the GMP was conducted to evaluate the adequacy of the GMP with the new statutory requirements. The evaluation showed that some policy modifications and additions are necessary to bring the GMP into Full compliance with these requirements. These are listed in Section 3.2 of this Report. Section 3.3: Whether past reduction in land use density within the CHHA impairs the property rights of current residents when redevelopment occurs. Special Topic: An evaluation of whether past reduction in land use density within the CHHA impairs the property rights of current residents when redevelopment occurs. The local government must identify strategies to address redevelopment and the right of affected resident balanced against public safety considerations (coastal development patterns). Staff Response: Since the adoption the last comprehensive plan, the Collier County Board of County Commissioners have not instituted any policies or programs that have resulted in a reduction of density within the Coastal High Hazard Area (CHHA). Therefore, the property rights of existing landowners and residents within the CHHA have not been impaired. XXXV WORKSHOP DRAFT The County does have a "build-back" policy in the aftermath of coastal storms, erosion and hurricane events. However, there has never been a natural disaster serious enough to warrant the County Commission putting this policy into operation. ?urther, the County Building Review and Permitting Department operates a repetitive loss program. Periodically, structures meeting the County's repetitive loss criteria are removed. However, the County has evaluated the level of building activity within the CHHA over the past seven years and has determined that the property rights of existing landowners and residents within the CHHA have not been impaired. Therefore, there are no recommended changes to County policies or programs relative to this issue. xxxvi ..1 1.2 1.3 1.4 1.5 TABLE OF CONTENTS CHAPTER 1-COUNTYWIDE ASSESSMENT Population and Growth and Changes in Land Area The Location of Existing Development in Relation to the Location of Development as Anticipated in the Comprehensive Plan The Extent of Vacant and Developable Land The Financial Feasibility of Providing Needed Infrastructure to Achieve and Maintain Adopted Level of Service Standards and Sustain Concurrency through Capital Improvements A Brief Assessment of Success, Shortcomings, and Recommendations related to each of the CCGMP's Elements Do E. F. G. H. I. J. K. 1996 Capital Improvement Element 1997 Transportation Element 1997 Public Facilities Element: 1. Sanitary Sewer Sub-Element 2, Potable Water Sub-Element 3. Drainage Sub-Element 4. Solid Waste Sub-Element 5. Natural Groundwater Aquifer Recharge Sub-Element 1997 Housing Element 1997 Recreation and Open Space Element 1997 Conservation and Coastal Management Element 1997 Intergovernmental Coordination Element 1997 Future Land Use Development 1997 Golden Gate Area Master Plan 1997 Immokalee Area Master Plan 1996 Marco Island Master Plan 1.6 1.7 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.18.1 2.19 2.20 2.21 ---P_.22 Relevant Changes in Growth Management Laws (the comprehensive plan, the appropriate strategic regional policy plan, Chapter 163, part II, F.S., and Chapter 9J-5, F.AoC) A Summary of Public Participation activities in Preparing the Report CHAPTER 2-EVALUATION OF MAJOR ISSUES Concurrency Management- Revenue Streams Concurrency Management - Transportation Improvements Concurrency Management - Development Vested from Transportation Concurrency Concurrency Management - Financial Feasibility of Transportation Improvement Projects Concurrency Management - Level of Service Standards for Regional and Community Parks Concurrency Management - Capital Expenditures for Recreation Facilities Concurrency Management - Construction Cost Index-Level of Service Standards for Parks Capital Facilities Concurrency Management - Public Beach and Waterway Access Affordable Housing - Current Demand Affordable Housing - Non-profit Housing Development Corporation Affordable Housing - Density Bonus Provisions Affordable Housing - Loan Tracking Affordable Housing - Undeveloped Lots Affordable Housing -Infill Development Affordable Housing - Comprehensive Housing Inventory Affordable Housing - Demolition of Unsafe Housing Affordable Housing - Historically Significant Homes Affordable Housing -Affordable Housing by Right Affordable Housing - Immokalee Housing Environmental Resource and Habitat Protection - Habitat Restoration Environmental Resource and Habitat Protection - Environmental Management Programs Environmental Resource and Habitat Protection - Coastal Barrier and Estuarine Resources Hurricane Evacuation - Limiting Development in the Co~.~stal High Hazard Area 2.23 ~_.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 Hurricane Evacuation - Limiting Public Expenditures that Subsidize Development in the Coastal High Hazard Areas (CHHA) Hurricane Evacuation - Maintenance of Clearance Times and Adequate Shelter Space Hurricane Evacuation -The Coastal Construction Control Line Program Wellhead Protection - Administrative Arrangement Urban Development Pattern - Redevelopment Areas Urban Development Pattern - Neighborhood Commercial Urban Development Pattern - Industrial/Commercial Locational Criteria Urban Development Pattern - Urban Residential Fringe and Activity Center Subdistricts Urban Development Pattern- Antiquated Platted Subdivisions Urban Development Pattern -Traffic Congestions Boundary Economic Development- lmmokalee Urban Boundary Economic Development- Immokalee Regional Airport Historical and Archeological Resources - Administrative Arrangements CHAPTER 3-SPECIAL TOPICS An assessment of the success or failure of coordinating future land uses and residential development with the capacity of existing and planned schools, establishing with the school board appropriate population projections and coordinating the planning and siting of new schools. An assessment of the comprehensive plan with respect to the management district's regional water supply plan, including whether the potable water element should be revised to include a work plan, covering at least a 1 O-year period for building water supply facilities for which the local government is responsible that are needed to serve existing and projected development. An evaluation of whether and past reduction in land use density within the CHHA impairs the property rights of current residents when redevelopment occurs. The local government must identify strategies to address redevelopment and the right of affected resident balanced against public safety considerations. 3 1.1 Population Growth & Changes in Land Area Since the October 1997 EAR-based GMP amendments were adopted, the City of Naples has had six annexations comprising a land area of 346.13 acres (0.54 square miles). As these annexed areas were non-residential, the population in the unincorporated area of Collier County was unaffected. Also, on August 29, 1997, the City of Marco Island was incorporated; that city comprises 14 square miles. The population for Marco Island at time of incorporation was approximately 11,805. Details of the City of Naples' annexations are provided below. Annexations by City of Naples since October 1997 Date Land Area General Location Section- Land Use (acres) Township-Range Jan. 5.22 North side SR-84 at US-41 East 2-50-25 Commercial 1999 Mar. 0.16 E. side of US-41, N. of Ridge St. (Rosemary 22-49-25 Commercial 1999 Heights Addition Subdivision) Sep. 319.62 East of Goodlette-Frank Rd., between Pine 14,22,23-49-25 Golf course (Royal 1999 Ridge Rd. & Golden Gate Parkway Poinciana) Jan. 5.00 South side of Seagate Dr., west of US-41 16-49-25 Church 2001 Mar. 9.97 North side of Solana Rd., east of Goodlette- 15-49-25 Water storage tank, 2001 Frank Rd. lake Sep. 6.16 W. of Airport-Pulling Rd., N. of Golden Gate 26-49-25 Lake, golf course 2002 Parkway, next to Poinciana Elem. School maintenance area sum 346.13 Permanent population estimates and projections from 1997 to 2007, by unincorporated area, incorporated area, and Countywide total, are provided below. Permanent Population Estimates and Projections, as of A 3ril I Area/Year 1997 1998 1999 2000 2001 2002 2003 2064 2005 2006 2007 Unincorp. 193,572 192,826 205,342 215,043 227,234 239,539 253,586 267,444 281,303 294,981 308,659 Incorp, 21,706 33,945 34,079 35,855 36,753 37,918 38,553 39,375 40,198 40,919 41,641 Countywide 215,278 226,771 239,421 251,377 264,475 277,457 292,138 306,819 321,5001335,900 350,300 Notes: 1. All figures for 2000-2007 are as prepared Sept. 2003 by Comprehensive Planning staff. 1997-2002 are estimates; 2003-2007 are projections. 2. Countywide figures for 1997-1999 are as revised in Special Population Repod No. 5, dated April 2001, by University of Florida's Bureau of Economic and Business Research. 3. For 1998, the unincorporated population decrease, and significant incorporated population increase, is result of incorporation of the City of Marco Island in August 1997. Recommended GMP Amendment: None. Population Growth & Changes in Land Area G, Comp, EAR, David dw/11-24-03 1.2 The Location of Existing Development in Relation to the Location of Development as Anticipated in the Comprehensive Plan Below is a comparison of permanent population estimates and projections, for select years, prepared in 1995 for the 1996 EAR, and as prepared in September 2003. Of note is the large discrepancy in the Marco Planning Community; this is due to the incorporation of the City of Marco Island in August 1997. When this is taken into account, the variation in projections for the total unincorporated area is not significantly different (<10% variation in 2015). Though there is significant variation between some individual Planning Communities, most growth has occurred where anticipated - in the Urban designated areas as represented by the eight listed Planning Communities. Permanent Population Estimates and Projections Prepared in 1995 1996 EAR) Planning Com~nunity/Area 2000 2065 201(i 2015 North Naples 51,877 66,417 82,230 t00,152 South Naples 22,686 29,044 35,959 43,796 East Naples 28,922 37,028 45,844 55,835 Central Naples 20,448 26,179 32,411 39,475 Golden Gate 34,652 44,364 54,927 66,897 Urban Estates 11,863 15,188 18,804 22,903 Marco 17,743 22,716 28,124 34,253 Immokalee 24,645 31,552 39,064 47,578 Eastern Collier 25,017 32,029 39,655 48,296 Unincorporated Total 237,853 304,517 377,018 459,185 Notes: 1, Eastern Collier = Rural Estates. Royal Fakapalm, Corkscrew, and Big Cypress Planning Communities. Permanent Population Estimates and Projections Prepared in 2003 Planning Com[nunity/Area 2000 20'05 2010 2015 North Naples 47,657 67,318 78,564 90,499 South Naples 21,610 30,621 35,737 41,166 East Naples 24,385 32,966 38,472 44,317 Central Naples 18,323 25,269 29,490 33,970 Golden Gate 35,325 49,801 58,120 66,950 Urban Estates 16,713 26,430 30,845 35,531 Marco t ,350 1,843 2,151 2,477 Immokalee 21,845 30,124 35,156 40,497 Eastern Collier 27,835 42,001 49,017 56,463 Unincorporated Total 215,043 306,374 357,553 4tl,871 Notes: 1. Eastern Collier = Rural Estates, Royal Fakapalm, Corkscrew, and Big Cypress Planning Communities. 2. The City of Marco Island incorporated in 1997 thereby reducing the population for the Marco Planning Community and the unincorporated sum. Comparison of generalized existing land use maps from 1996 EAR w/present year data and/or tables of land uses by Planning Community. [Map reference/table to be inserted] Note that most growth has occurred where anticipated - in the Urban designated areas. [Map reference/table to be inserted] Recommended GMP Amendment: None. 1.2.2 lo3 The Extent Of Vacant & Developable Land A. Background: Section 163.3191 (2) (b), Florida Statutes, requires Evaluation & Appraisal Reports to assess the extent of vacant and developable land within the relevant jurisdiction. In Collier County, non-residential development is restricted by the nature of the County's Future Land Use Designation provisions. Therefore, it is safe, at least under current conditions, to assume that most developable land will ultimately be developed as residential property. B. Analysis: Staff's compilation of the percentage of developed and vacant developable land in Collier County was arrived at utilizing the Collier County's Property Appraiser' Office (PAO) most current tax parcel data, as of April 9, 2004. Furthermore, staff was able to summarize the number of acres per Land Use Code from the Florida Department of Revenue's (FDOR) official land use designations. According to the PAO's records, there are approximatly 1,354,936 acres in Collier County. Approximately 81,300 acres or 6% of Collier County consist of developed Land. [n addition, 352,097 acres or 26% of Collier County consists of vacant developable lands. Please refer to Figure 1.3-1 Figure 1.3-1 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 Developable Lands Vacant Lands 81,300 352,097 5 D;v;iopable Lands Vacant Lands Staff ffn'ther refined its analysis and examined which of the FROR's land use codes contributed to the total acreage for both developable and vacant lands, please refer to Tables 1.3-1 and 1.3-2: Table 1.3-1: Developed Lands USECODE COUNT ACRES 1 63002 43,206 2 3448 2,871 3 109 1,101 4 8225 6,261 5 44 279 6 16 334 7 669 2,445 8 1974 611 11 460 366 12 343 B22 14 '11 4 :15 4 7O 16 147 806 17 103 91 18 107 164 19 48 40 20 53 88 21 102 87 22 39 32 23 72 75 25 32 26 26 ,51 142 27 160 225 28 177 874 29 52 75 30 14 44 Table 1.3-2: Vacant Lands USECODE ICOUNT ACRES 0 32471 116,875 10 1193 1,750 40 271 765 51 96 21,592 52 122 41,950 60 936 92,203 61 1 68 66 272 57,783 67 133 976 69 ]231 !3829 70 i392 14,305 TOTAL 1352,097 USECODE COUNT ACRES 31 1 23 32 ,3 12 33 12 B 34 9 18 35 163 1,338 36 1 1 37 1 1 38 490 14,039 39 93 262 41 276 327 42 5 41 43 12 19 44 29 96 46 2 1 47 1 1 789 48 413 535 49 146 198 71 170 706 72 19 199 73 4 126 74 B 33 75 :149 1,202 76 18 B7 77 25 91 78 4 28 79 16 73 TOTAL 81,300 C. Summary: Base upon the data analysis, Collier County has a significant amount of vacant developable land. Furthermore, with the passage of the Rural Lands Stewardship Area Overlay and the Rural Fringe Mixed Use District on June 19, 2002, there will be more "development opportunities" for both present and future residents of Collier Countyo 1.4 The financial feasibility of providing needed infrastrncture to achieve and maintain adopted level-of-service standards and sustain concurrency through capital improvements. A. Introduction and Background: In 1985 and 1986, the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. One of the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "... consider the needs for and location of public facilities..." (Section 163.3177(3), Florida Statutes). The Capital Irnprovement Element (CIE) must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities. One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase "level of service" as "... an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 (41 ), Florida Administrative Code). Section 9J-5.0055 (l)(b), Florida Administrative Code (FAC), reads as follows: "A requirement that the local government Capital Improvements Element, as provided by Rule 9J-5.016, FAC, of this chapter, shall set forth a financially feasible plan which demonstrates that the adopted level of service standards will be achieved and maintained." The CIE of the Collier County Growth Management Plan (GMP) contains the County's adopted Five-year Schedule of Capital hnprovelnents, including transportation improvements. This schedule is updated and amended annually to ensure compliance with the above requirement. On occasion, the need for emergency expenditures may require the Board of County Commissioners (BCC) to reallocate funding from other budgetary areas to meet the requirements of the Capital Improvement Program. In such instances, the Capital hnprovement Schedule is adjusted, through an advertised public hearing process, to make certain that the County has adequate funding to meet its capital improvement needs. As part of the Transportation Element, tine County established minimum acceptable level of service standards on the existing highway system. For County facilities, the level of' service standard to be maintained is "D" or "E" as measured on a peak hour basis. Several County and State facilities have been given a minimum LOS "E" standard. To maintain the adopted LOS on roadways, the County has implemented a concurrency management regulatory program that ties issuance of development orders to the demonstration of adequate capacity on all roadway segments that would be significantly impacted by new development. In summary, this program maintains an inventory of the following for each arterial and collector roadway segment: · Actual traffic on each segment as determined through an annual traffic counting program, · The peak hour service capacity as determined by engineering analyses performed by the Transportation Division, and · Capacity that will be used by new development for which a Certificate of Adequate Public Facilities has been issued. In order to prevent sudden unanticipated LOS failures, the County xvill adopt, within one year or sooner, a "real time .... checkbook accounting" concurrency management process. See the Adequate Public Facilities Ordinance (Division 3.15 of the Collier County Land Development Code) for details of this process~ Division 3.15 of the Land Development Code (LDC) is also known as the Collier County Adequate Public Facilities Ordinance (APFO). It describes the annual count program done on County roads to determine their annual average daily traffic (AADT). It describes how the relationship between that AADT and the segments adopted level of service (LOS) standard determines the road segment's level of service. The current levels of service at which road segments are operating are reported annually in the Annual Update and Inventory Report (AUIR). This report indicates which segments are operating at levels of service worse than their adopted standard LOS. It also contains predictions of when certain segments will reach levels of service that exceed their adopted standard LOS. Although traffic volumes are expressed as AADT, LOS calculations are done to ensure adequate levels of service. Peak season and peak hour traffic conditions are skewed in Collier Connty because of the heavy influx of seasonal residents and tourists, As such, it is deemed an inappropriate and unreasonable imposition on taxpayers to provide a roadway system designed/'or the peak of the peak season. Therefore, the LOS calculations are based on traffic conditions experienced for 10 months of the year with the peak seasonal and tourist months of February and March omitted from the analysis~ B. Analysis: The MPO Long Range Transportation Plan's Financially Feasible Plan and Needs Plan as adopted on March 2_3, 2001, are hereby incorporated to det'ine the major roadway needs Fo~' Collier County The 2025 Financially Feasible Plan is presented as Map TR-I and 14¸2 displays the needed roadway improvements that can be funded through the year 2025. Map TR-2 shows the total projected roadway improvements needed by 2025. Note that the Financially Feasible Plan does not include all needs identified through the Urban Area Transportation Study. It only includes the projects that can be funded from reasonably anticipated revenues. While the total 2025 needs are estimated to require funding of approximately 1.7 billion dollars, the cost feasible plan reflects funding of approximately $1.5 billion4 Based on recent efforts to treat transportation as a top priority, the BCC has committed to increase revenues so that future needs are fully met. As directed by the BCC, efforts are underway to develop measures to close the 0.2 billion-dollar shortfall between the total needs plan and cost feasible plan through public/private partnerships such as reserving right of way and drainage. Financial feasibility and analysis for Capital Improvements are covered in the CIE through the following objective and policies: Objective 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be elirninated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.2: Existing and future development shall both pay for the costs of needed public facilities Existing development shall pay for some or all facilities that reduce or eliminate existin?_ deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by furore development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts Policy 1.2.3: Public facilities financed by County enterprise funds (i.e., potable water, sanitary sewer and solid waste) may be financed by debt to be repaid by user [kes and charges enterprise services, o~' the l'acilities may be fiuanced from current assets (i.e., reserves, surpluses and currenl revenue). Policy 1.2.4: Public facilities financed by non-enterprise funds (i.e., roads, surface water management, parks, library, emergency medical service, and jail shall be financed from current revenues and assets (pay-as-you-go financing) and Revenue Bonds approved by the Board of County Commissioners. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital improvements or for excess capacity. Policy 1.2.f;: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. Policy 1.2.6: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. Policy 1.2.'7: The County shall continue to collect impact fees for Parks and Recreation, EMS and Library facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS and Library improvements necessitated by such development. Policy 1.2.8: If, for any reason, the County cannot provide revenue sources identified, as needed funding for specific projects within the adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: mo Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth during the next five (5) fiscal years; Remove from the adopted Schedule of Capital Improvements through a plan amendment facility improvements or new facilities that reduce the operating cost of providing a service or facility' but do not provide additional facility capacity; Where feasible, transfer funds fi'om a funded Non-Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update° Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. Do not issue developlnent orders that would continue to cause a deficiency based on the facility's adopted level of service standard. Policy 1.2.9: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%. Whereas Florida Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of constraint. Current bondable revenues are ad valorem taxes and State-shared revenues, specifically gas taxes and the half-cent sales tax. The Enterprise Funds operate under a revenue bonding ratio set by the financial markets and, are therefore, excluded from this debt policy. Fiscal hnpact Analysis Model: The County recently had the opportunity to evaluate the accuracy and effectiveness of the Fiscal Impact Analysis Model (FIAM) for the first time while hearing and approving the Ave Maria Stewardship Receiving Area (SRA) application. Section 2.2.27.10.L of the Collier County LDC states: SRA economic assessment. An economic assessment meeting the requirements of this section shall be prepared and submitted as part qf the S~ designation application package. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable ware& wastewate~; irrigation water, stormwater management, solid waste, parks, law enfbrcement, emergency medical seruices, fire, and schools. Development phasing and fitnding mechanisms shall address any ad~,'erse impacts to adopted minimum leucl, s' q/~service pux.~uanz lo the Divisio, 3.15 of the LDC I. Demonstration of fiscal neutralio?. Each SRA must demonstrate thai its develot)ment, as a whole, [[,'iI1 be fiscally neutral or positive to the Collier ColmO, tax base, at the end e[ each t)hase, or e~,eO',five years, n/hichever occurs.firsl, and in the horizon year (buiht- out). Thi.s' demonstration will be made .~br ectc'h unit of gouernmenl rcsj)onsible jbr the seruices listed below, usin,~ one qf lhe.~bllon,ing methodologies: a. Collier Cotmty fiscal itw)act n~odeI. The fiscal impac~ model (~'cially adopted and maintained by Co/Iir r Comity. Alternatiue,fiscaI iml)act model. If Collier Count3: has not adopted a fiscal impact model a.$- indic(~led aboue, thy ~q~tglicam m~v dc'ucloI) a. ahernaliuc fiscal impact model using a methodoh,gy appro~,ed b)' Collier Co~mo~. The model methodology will be co,siste~t with the Fiscal bW;act Analysis Model ("FIAM") developed by the State of Florida or with Burchell et al., 1994, Developme, t Assessment Handbook ( ULI). The BCC may grant exceptions to this policy of fiscal neutraliO, to accommodase affordable or workforce housing. 2. Monitoring requireme~t. To assure.fi'seal neutralio,, the developer of the SIM shall submit to Collier Cout~O, a fiscaI impact analysis report ("Report") eyeD, five years m~til the SPA is 90 percent bztilt o~tt. The report will provide, ct fiscal impact analysis of the project i~ accord with the methodology outlined above. 3. b~zposition of special assessments. If ~he report identifies a twgative 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 itz the alternative make a lump sum payment to the unit of local gover~,nent equal to the presen! value el' the estimated shorOCall for a period covering the previous phase (or.five year interval). The BCC may grant a waiver to accommodate affbrdable housing. [4.] Special districts encottraged in SRAs. The use of commttniO: development districts (CDD's), municipal scm,ice be~efit units (MSBU's), municipal service taxitzg tt~1its (MSTU's), or other special districts shall be encouraged itt SIMs. When formed, the special districts shall e~zcompass all of the la,d designated J~br. dex'elopment i~ the SIM. Subsequent to formation, the special district will enter into at~ interlocal agreement with the cotmty to assure fiscal neutralio,. As outli~zed abet'e, i,£ the monitoring reveals a shortfall of net revemte, the special district will impose the necessary remedial assessme~zt o~ lands itz the SIM. Every analytical instrument has its limitations. Most notably, the FIAM, created by Fishkind and Associates, cannot (and was never intended to) be the exclusive measure on which land use decisions are completed. Typically, land use decisions are made in the context of an explicitly political process in which numerous considerations are weighed. For example, economic, environmental, social and political concerns also weigh heavily when making land use ~udgments. It is important to be aware of particular problematic issues that tend to recur in fiscal impact analyses and that could be difficult to resolve. These issues may alter the findings of the analysis or render it incomplete in providing an assessment of a project's impact on local finances. Some of these issues are inherent in the state of the art of fiscal impact analysis, while others can be overcome with use of better methodologies. Most are related to the tendency of fiscal impact analysis to take too narrow a focus in one way or another. Significanl shifts in a jurisdiction's revenue base or service demands are naost likel), to occur in communitie,s like Collier County who are experiencing ~'apid new development that differs significantly in rate, type, character, location or intensity from previous development. Over time, as the community increasingly begins to reflect the characteristics and preferences of new residents and businesses, its demand for services and revenue-generating capability will be increasingly influenced by its newer development. In rapidly growing communities undergoing a transition fi'om rural to suburban, or from small to midsize or midsize to large, such a shift can begin in only a few years~ In jurisdictions undergoing transition from a lower to a higher level of development, service costs rarely remain constant on a per capita basis over an extended period. Some fiscal impact analyses not only underestimate costs but also overestimate the revenues likely to be associated with a project. In addition, developers may have unrealistic expectations about their ability to capture a share of the local or regional market for housing and conunercial space. The developer of a commercial project, for example, may base the project's fiscal impact analysis on 100 percent of the planned space being developed and occupied. The project, however, may not achieve full "build- out" for several years or even decades. Large projects are often "phased" by their developers, with later portions developed over the course of the development, but only if the previous phases are successful and local economic conditions are favorable. Particularly, if a mixed-use project fails to achieve build-out of a significant portion of its commercial space, the project's impact on the local jurisdiction's budget will likely be significantly affected. The lack of consistent standards for fiscal impact analyses can often present additional complicating factors. Only a few states or localities require a fiscal impact analysis as part of their formal zoning, permitting or planning process. As a result, there are few formal procedures or requirements for the preparation of such analyses, and few such analyses are sutsjected to outside review or judicial scrutiny. Indeed, methodologies applied to analyze individual projects or development scenarios can be highly variable even within the same jurisdiction. Whatever the regulatory environment, project-level fiscal analyses constitute the large majority of fiscal impact analyses. Since most are prepared by and for developers in support of applications for required project approvals or rezoning, it is not surprising that most also project a neutral or positive financial impact. tn reality, each individual project competes with similar projects within the market area for whatever growth the jurisdiction can reasonably be expected to capture. Not all will be successful. Fiscal in~tpact analyses of speculative projects should consider the impact of a range of build-out scenarios so that reviewers can assess the ~'isks of' partial or complete market failure of such pmiects, in terms of both market absorption and assumed sales prices or rents. Summary: 1.4.7 A schedule of transportation improvements and data concerning the adopted level of service standards can be found in Chapter 2 - Evaluation of Major Issues, Sections 2.1 through 2.4 of the EAR. Concurrency management systems and various capital improvement data can also be found throughout Chapter 2 of this EAR. While required and prepared as part of an SRA application, the FIAM has yet to be formally adopted by the BCC as Collier County's official tool for financial analysis and/or modeling. Staff is working in cooperation with Fishkind and Associates in an effort to provide further training and an updated model to the Collier County Planning Commission, the BCC and staff. Therefore, the FIAM can not be utilized or applied to the EAR as to whether transportation improvements are needed to achieve and maintain level of service standards. TR- t COLLIER COUNTY 2025 LONG RANGE FINANCIALLY FEASIBLE PLAN i Rd Immokalee Rd m CR 555 2 - Lanes 4 - Lanes 6 - Lanes 8 - Lanes Interchanges Water Bodies Interstate Highway Roads ~ US Highway II '-]][ County Boundary 2 0 2 4 Miles 9 2O TR - 2 COLLIER COUNTY 2025 LONG RANGE NEEDS PLAN 2 - Lanes 4 - Lanes 6 - Lanes 8 - Lanes Interchanges l Water Bodies Interstate Highway Roads US Highway County Boundary 0 2 4 Miles CR I'll 21 1.5.A: Brief Assessment of Successes & Shortcomings - Capital Improvement Element (CIE) A. Introduction & Background: The purpose of the Capital Improvement Element (CIE) is to identify public facilities that will be required during the next five years, including the cost of such facilities, and the sources of revenue that will be used to fund construction or development of the facilities. As such, the CIE is updated annually, including revision of the 5-year Schedule of Capital Improvements. One of the specific requirements of Chapter 163, Florida Statutes is that the public facilities and services that are covered in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase "level of service" as "... an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 (41), Florida Administrative Code). As currently formatted, the Implementation Section of this Element consists entirely of a single Goal (Goal 1), and subsidiary Objectives and Policies. As part of the EAR-based amendments, the County recommends removal of the "1" from the Goal, so that it is simply the Goal of the Element. A simpler numbering format for the Objectives and Policies may also be recommended. B. Objectives Analysis: OBJECTIVE 1.1: Identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are needed in order to achieve and maintain the standards. Objective Achievement Analysis: A review of the five (5) policies within this Objective reveals that they identify and define types of facilities; and establish Level of Service (LOS) standards for each facility type. However, the actual determination of quantities and types of additional facilities that are needed is achieved through the County's Annual Inventory and Update Report (AUIR). The AUIR process requires all County service providers to determine the facilities/expenditures required to maintain the adopted LOS for each facility/service analyzed (generally Category A public facilities and/or facilities for which the County collects impact fees). The AUIR itself contains recommendations, which, as adopted by the Board of County Commissioners, determine the projects to be included in the next year's Schedule of Capital In~provements~ On occasion, the Board of County 1.5.A.I 25, Conmfissioners may place an item on the Schedule of Capital Improvements, which item was not reviewed through the AUIR process. Under such circumstances, the Board of County Commissioners must identify a funding source for the new item without interfering with commitments already existing within the Schedule for the coming year. Policy Relevance: Policy 1.1,1 defines the two categories of public facilities for which Collier County sets and maintains level of service (LOS) standards. Category A public facilities are facilities which appear in the various elements of the Collier County Growth Management Plan (GMP), including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. The LOS standards for Category A facilities, when provided by the County, are applied to development orders issued by the County, to the County's annual budget, and to the appropriate element or Subelement of the GMP. LOS standards for Category A facilities, which are not provided by the County apply to development orders issued by the County and to the appropriate element or Subelement of the GMP, but do not apply to the County's annual budget. Category B public facilities are facilities related to the County's library, jail, and emergency medical services. The LOS standards for Category B public facilities apply to the County's annual budget, but do not apply to development orders issued by the County. The policy concludes with a description/explanation of certain County capital costs that do not constitute "public facilities' as defined by the policy. This policy is relevant and should be retained as written. Policy 1.1.2 contains the formula used by the County to project the quantity/amount of any particulm- type of public facility that is needed to address deficiencies of service. The formula is: Q = (S x D) - I. In this formula, Q is the quantity of public facility needed; S is the LOS standard; D equals the projected demand for the facility, which could be a population projection; and I is the existing inventory of tike public facilities. This calculation is used within the development review process to determine whether a proposed project will create a deficiency. If so, mitigating requirements may be placed on the proposed development. This policy is relevant and should be retained as written. Policy 1.1.3 requires the County to take future population projections and growth patterns into account when siting public facilities, The policy also requires the County to coordinate siting plans with other governmental and private entities that may be providing similar facilities within Collier County. This policy is relevant and should be retained as written. Policy 1.1.4 establishes the manner in which the County prioritizes expenditures on public facilities The County's priorities, as reflected within this Policy, are: 1.5.A.2 Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of the Capital Improvement Element. Within Priority C., there is a sub-priority determined by the County's need to provide service consistent with approved development orders. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either providing excess capacity that may be needed for future growth, or providing higher quality than normally contemplated by the County. The above policy remains relevant and should be retained as written. Policy 1.1.5 provides a list of Collier County's Level of Service Standards for public facilities. Portions of this policy were amended in 2002 and 2003 to incorporate the County's revised concurrency management provisions. This policy remains relevant and should be retained as written. OBJECTIVE 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide.. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity, Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Objective Achievement Analysis: This Objective is related to the need l'or the County to construct and maintain capital facilities in a financially feasible manner. The Objective is written in generic language that outlines how deficiencies will be eliminated, requires future ctevelopment to pay for growth, and provides options regarding how such payments are to be collected by the 1.5.A.3 County. The Objective is further fleshed out by its nine (9) policies (see below). Because this Objective is generic and is not tied directly to particular dates or methodologies, it should be retained as written. Policy Relevance: This Objective contains nine (9) implementing policies. These policies are the County's overarching fiscal guidelines with regard to ensuring that facilities and services provided by the County are implemented and maintained in a financially feasible manner. Some of these policies outline general procedures and some m'e related to specific types of facilities or expenditures. Policy 1.2.1 has two parts. The first part of the policy requires that estimated capital expenditures for needed public facilities or facility improvements not exceed conservative estimates of the amount of fnnds contained within revenue sources available to the County. The second part of the policy prevents the County from utilizing a funding source that has been rejected in a public referendum. As currently written, this policy appears to be overly complex. The EAR-based amendments should include the splitting of this policy into two new policies; one for each of the two requirements stated in the current policy. Policy 1.2.2 requires existing and future development to pay for the costs of needed public facilities. Under the requirements of this policy, existing development pays for ali or a portion of the costs for reduction or elimination of deficiencies, replacement of obsolete or worn out facilities, and may pay some of the costs related to new development. The policy also allows the County to pay for such costs with monies obtained through grants, entitlements, or fi'om public facilities maintained by other governmental entities or Special Districts. As written, this policy seems to emphasize the cost burden for existing development, The EAR-based amendments should include replacement of this policy by two policies, one delineating the types of costs to be paid by existing development and one delineating the types of costs to be paid by new development. Policy 1.2.3 deals with public services that are paid for through enterprise funds, This policy relates solely to County-run public utilities (i.e., wastewater treatment, potable water supply and solid waste management), The policy allows these services to be financed through debt service and paid back via user fees, service charges and/or current assets. This policy be retained as ~vritten. Policy 1.2.4 deals with public services that are not paid for through enterprise funds. These services (which include the majority of County-provided services) may be paid for through use of current revenues and assets, and/or Revenue Bonds approved by the Board of County Commissioners. The policy also specifically limits situations in which debt service financing can be used to pay for these services and related public facilities. The EAR-based amendments should include correctinn of a typographical error contained v,;ithin this Policy. 1,5.A.4 Policy 1.2.5 prevents the County from either providing itself, or accepting provision from others, of a public facility if the County would be unable to pay annual operating and maintenance costs° This policy be retained as written. Policy 1.2.6 requires the County to collect road impact fees from new development, based upon a pro rata share of the costs for necessary transportation improvements. This policy be retained as written. Policy 1.2.7 requires the County to collect impact fees for parks & recreation, emergency medical services and library facilities and services. These impact fees are also based upon a pro rata share of the costs for necessary transportation improvements. This policy be retained as written. Policy 1.2.8 provides a set of possible plan amendment options, one or more of which is to be followed by the County in the event that scheduled capital improvements cannot be funded. The options include removing the adopted improvement fi'om the schedule, transferring funds from a proposed capital improvement that is not required to be reflected in the Five-Year schedule of Capital Improvements (the option most often followed), lowering the facility's adopted level of service (if applicable), or not issuing development orders based upon the particular capital improvement. This policy be retained as written. Policy 1.2.9 relates to the County's debt service and its relationship to County bonds. As per the policy, "Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%." Enterprise funds are excluded fi'om this policy. The policy references a list of "current" bondable revenues. The EAR-based amendments should include additions/deletions to this list, as may be applicable, if the types of bondable revenues available to the County have changed since the amendment was adopted or last revised. OBJECTIVE 1.3: Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: A. Maintenance of existing public facilities; B. Beach, shore and waterway access; C. Beach renourishment. _Objective Achievement Analysis: The title of this Objective is: ~"Public Expenditures: Coastal High Hazard Area." Essentially, the Objective limits all County capital expenditures within the High Hazard Area to four (4) types: Those facilities needed to support new development to the extent permitted in the Future Land Use Element. 2. Maintenance of existing County facilities. 3. Expenditures related to beach, shore and waterway access. 4. Beach renourishment activities. Further analysis of issues related to this Objective are contained within Sections 1.5.E, 1.5.F, 1.5.H, 1.5.K, 1.6, 2.5, 2.8, 2.21, 2.22, 2.23, 2.24, 2.25, 2.27, 2.33, 2.34, and 3.3 of this report. Staff recommends that this Objective be retained as written. Policy Relevance: Policy 1.3.1 allows the County to maintain and/or replace certain facilities identified within the Conservation and Coastal Management Element (CCME). This policy should be amended to either specifically state the types of facilities covered by this policy, and/or to identify a specific Objective and/or policy contained within the CCME. Policy 1.3.2 contains two parts. The first part of the policy requires "calculated needs for public facilities" within the Coastal High Hazard Area to be based upon the adopted level of service standards and future growth projections. The second part of the policy references the residential density limitation to four (4) units per acre, as referenced within the Future Land Use Element (FLUE). This statement refers to the FLUE's Urban Coastal Fringe Subdistrict. As part of the EAR-based amendments, the second portion of this policy should either be deleted or moved to its own Policy, as it seems irrelevant to the stated intent of the policy~ Policy 1.3.3 commits the County to ensuring public access to beaches, shores and waterways, and expanding such access, including funding roi' acquisition of access points. This policy was amended in 2002~ however, this policy should be revised for purposes of clarity. OBJECTIVE 1.4: The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements by providing needed capital improvements roi' replacement of obsolete or worn out facilities, eliminating existing deficiencies. ~tnd future development and redevelopment caused by previously issued and new development orders. Objective Achievement Analysis: This Objective is entitled "Provide Needed Improvements." Simply put, the Objective requires the County to coordinate land use decisions with planning for capital improvements. All of the policies within this Objective are related to preparing and budgeting the schedule of capital improvements, and coordinating the schedule with the various Elements of the Collier County Growth Management Plan. This Objective should be retained as written. Policy Relevance: There are five (5) policies within this Objective. Policy 1.4.1 commits the County to providing, or having other provide, the facilities listed within the Schedule of Capital Improvements. It also defines ways in which the Schedule may be modified. These are: annual updates (up to twice per year), amendments related to emergencies, developments of regional impact (DRIs) and certain small scale plan amendments, and certain types of corrective Ordinances. This Policy should be retained as written. Policy 1.4.2 requires Category A Public Facilities (i.e., roadways, surface water management systems, potable water facilities, sanitary sewer systems, solid waste disposal facilities, and parks & recreation facilities) to be consistent with the goals, objectives and policies of appropriate Elements or Sub-Elements of the Growth Management Plan. This Policy should be retained as written. Policy 1.4.3 requires the County to include capital appropriations in its annual budget for all of the capital improvements listed for the appropriate fiscal year. Further, these facilities cannot be removed from the budget once they have been relied upon for the issuance of a final site development plan, final plat, or building permit. This Policy should be retained as written~ Policy 1.4.4 commits the County to evaluating facility capacity (for Category A facilities), relative to a proposed development, prior to issuance of final site development plans, final plats and building permits. The County may not issue such development approvals unless the effected facilities can handle the impacts of the proposed development while maintaining or exceeding the appropriate adopted level of service standard. This Policy should be retained as writtem Policy 1.4.5 limits water and sewer facility expenditures, by the County, to the established Collier County Water-Sewer District and the Rural Transition Water & Sewer District. Alt other public facility expenditures may occur on a countywide basis. This Policy should be retained as written. OBJECTIVE 1.5: To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent with Chapter 163, Part Il, Florida Statutes and Rule 9J-5.0055, Florida Administrative Code, The County shall establish a regulatory and monitoring program to ensm'e the scheduling, funding and timely construction of Category A public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. Objective Achievement Analysis: The above is the County's specific Concurrency Management Objective. It requires the County to establish a Concurrency Management System, which is consistent with Chapter 163, Part IL Florida Statutes and Rule 9J-5.0055, Florida Administrative Code. The Objective solely affects Category A public facilities, as development orders rely on these capital facilities operating at their adopted levels of service. During 2002 and 2003, the County adopted a revised concurrency management system for transportation and these changes are reflected within the accompanying policies. This Objective should be retained as written. Policy Relevance: There are four (4) policies within the Objective. Policy 1.5.1 states the concurrency requirements for Potable Water, Sanitary Sewer, Drainage and Solid Waste Level of Service (LOS) standards. The policy also defines circumstances wherein the concurrency requirements are considered met. This Policy should be retained as written. Policy 1.5.2 defines circumstances wherein concurrency requirements for parks and recreation are considered met. This Policy should be retained as written. Policy 1.5.3 defines circumstances wherein concurrency requirements for transportation are considered met. This policy was amended in 2002 and 2003 to incorporate provisions of the County's revised transportation concurrency management system. The policy, as amended, reflects the County's two adopted transportation concurrency management areas (TCMAs) and the transportation concurrency exception area (TCEA) This Policy should be retained as written. Policy 1.5.4 commits the County to continuing to implemenl a Concurrency Management System, consistent with Division 3.15 of the County's Land Development Code (LDC). The program will include both a regulatory program and a monitoring system. This policy was amended in 2003. This Policy should be retained as written, A statement concerning "REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION" follows policy 1.5.4. The statement actually explains how the 1.5.A.8 Schedule of Capital Improvements is formatted This is followed by the Schedule, itselL The Schedule is divided into two primary parts: Category A Facilities and Category B Facilities. Each of these Categories is further divided by facility type. Projects within each facility type are broken down by the projected cost for each fiscal year of the Five-Year Schedule of Capital Improvements. The Schedule also shows total costs for alt projects within the facility type for each fiscal year. The current Five-Year Schedule of Capital Improvements extends to fiscal year 2005-2006. Staff is currently in the process of amending the Schedule to extend it to fiscal yem' 2008-2009. 1.5.B: Brief Assessment of Successes & Shortcomings- Transportation Element A. Introduction & Background: The purpose of the Transportation Element, as stated in its Goal, is "To plan for, develop and operate a safe, efficient, and cost effective transportation system that provides for both the motorized and non-motorized movement of people and goods throughout Collier County." In order to accomplish this goal, the Transportation Element incorporates data and recommendations from the following reports, plans and studies: Collier County Metropolitan Planning Organization's (MPO's) "Long Range Transportation Plan's 2025 Financially Feasible Plan and 2025 Needs Plan. o:o MPO Urban Area Transportation Study. Collier County Transportation Work Program, FY 2002 - FY 2006. 2025 Traffic Circulation Map. Collier County Comprehensive Pathway Plan. Airport Master Plans for Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport. Public Transportation Development Plan. The Transportation Element is closely linked to the Future Land Use Element (FLUE). The land development pattern, as outlined in the FLUE, necessitates improvements and expansion to the County's transportation system. The two elements are so closely tied, in fact, that changes or shifts in land use patterns can drastically impact the performance of the roadway system. It is for this reason that the County requires most land development proposals (e.g., DRI, rezone, and provisional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the recommending and approving authorities. As an alternative to this scenario of the transportation system reacting to new demands created by changes to land development patterns, the County has begun to explore ways to allow the roadway system to guide the patterns and densities of future land development. The County can determine the type of roadway system it wishes to maintain at some adopted level of service and then can take steps to permit only the types, intensities and location of land uses that will be consistent with that system. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the capacity of the roadway system. As part of the Transportation Element, the County has established minimum acceptable level of service standards for the existing County Road system. For County facilities, the 1.5.B.1 level of service standard to be maintained is either "D" or "E," as measured on a peak hour basis. Several County and State facilities have been given a minimum LOS "E" standard. In order to prevent sudden unanticipated LOS failures, the County has recently adopted a "real time .... checkbook accounting" concurrency management process. B. Objectives Analysis: As currently formatted, this Element consists entirely of a Goal (Goal 1), Objectives and Policies. As part of the EAR-based amendments, formatting changes consisting of the addition of a brief introductory statement for the Element and removal of the "1" from the Goal will transpire, so that it is simply the Goal of the Element. OBJECTIVE 1: The County will maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the annual AUIR or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. Objective Achievement Analysis: This Objective requires the County to adopt and maintain Level of Service (LOS) standards for the County Roadway System, to annually review and adjust such standards, and to coordinate County road improvements with the road improvement programs operated by neighboring jurisdictions. The tasks included within this Objective are ongoing. Therefore, this Objective will be retained as written. Policy Relevance: Policy 1.1 requires the County to annually adopt (or re-adopt) a 5-year schedule of capitol improvements. Policy 1.2 requires the County to annually fund the first year of improvements from the schedule listed in Policy 1.1. Policy 1.3 requires arterial and collector roads within the County system (as well as certain State Roads) to be maintained at Level of Service "D" or better. However, it lists certain specific roadway segments for which the County has set a standard of LOS "E" or better. Policy 1.4 recognizes the State LOS of "B" for Interstate 75. All of these policies will be retained as written. OBJECTIVE 2: The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Objective Achievement Analysis This Objective incorporates the County's Five-Year Work Pl'ogram into the Transportation Element. It has been left without a date reference so as to be able to 1.5.B.2 incorporate the Five-Year Work Program current at any time. This Objective will be retained as currently written. Policy Relevance: There are two policies within this Objective. Policy 2.1 requires the Five-Year Work Program to be included in the annual Schedule of Capital Improvements. Policy 2.2 requires the County to annually allocate funds for road projects identified within the first year of the current Schedule of Capital Improvements. In Section 2.4 of this Evaluation & Appraisal Report, staff has described the County's success in holding to these requirements. Therefore, these policies will be retained as written. OBJECTIVE 3: The County shall provide for the protection and acquisition of existing and future right- of-ways. Objective Achievement Analysis: As stated, this Objective calls for the preservation of right-of-way for ongoing and future road improvements. This Objective is sufficiently generic that it allows the County Transportation Division to protect and acquire right-of-ways as an ongoing program. This Objective will be retained as written. Policy Relevance: There are four policies within this Objective. Policy 3.1 notes that the County has a Right-of-Way Preservation and Acquisition Program. Policy 3.2 notes that funding for the Program is included in annual Capital Improvement funds. Policy 3.3 requires the County to acquire sufficient amount of right-of-way (for any project) to facilitate no less than a cross section of (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, and shoulder sufficient for pull offs and landscaping areas. Exceptions are allowed subject to a demonstration that the maximum number of buildout lanes needed is less than six. Policy 3.4 requires the County to acquire right-of- way through fee simple acquisition. In general, the Transportation Division has been able remain consistent with these policies. Therefore, these policies will be retained as written. OBJECTIVE 4: The County shall provide for the safe and convenient movement of pedestrians, and motorized and non-motorized vehicles through the implementation of the Collier County Comprehensive Pathway Plan. 1.5.B.3 Objective Achievement Analysis: The stated purpose of the County's Comprehensive Pathway Plan is to promote walking and bicycling as integral components of Collier County's local, regional and state recreation and transportation programs. That having been stated, the Program is responsible for maintaining and extending the County's bike lanes, sidewalks, and recreational paths. The program has been active for approximately ten relies on a Pathways Advisory Committee to make recommendations projects, priorities and even Planned Unit Development Applications. consultant has been hired to update the comprehensive pathways plan, goals, objectives and policies and prioritizes pathway projects. This scheduled to commence in March 2004 and will last roughly 9 months. be retained as written. (10) years, and as to potential Additionally, a which outlines plan update is This Objective Policy Relevance: There are eight policies within this Objective. Policy 4.1 is intended to incorporate the Comprehensive Pathway Plan, by reference, into the Transportation Element. This Policy will be reworded for clarity. Policy 4.2 tasks the Collier County Metropolitan Planning Organization (MPO) with supporting the County's bicycle/pedestrian program. In actual fact, both the MPO and the Pathways Program are staffed/supported through the County's Traffic Operations and Alternative Transportation Modes Department. Therefore, this Policy will be retained as written. Policy 4.3 requires the County to maintain and improve bicycle and pedestrian facilities through use of the 2020 Pathway Facilities Map series. The Map Series is maintained by Pathways Program staff and relies on the input of a County Pathways Advisory Committee. Therefore, this Policy will be retained as written. Policy 4.4 requires the County to adopt an annual 5 Year Pathway Work Program. The County has consistently held to this requirement. Therefore, this Policy will be retained as written. Policy 4.5 requires County staff to identify State and Federal funding sources for the Pathway Program. This is an ongoing task. Therefore, this Policy will be retained as written. Policy 4.6 requires the County to provide for the safe movement of motor vehicles, and also requires that construction of bike lanes, sidewalks and pathways be incorporated in road improvement projects. EAR-based amendments will include modification of this Policy to remove the reference to motor vehicle travel, as it is out-of-place in this Objective. 1.5.B.4 Policy 4.7 requires the County to incorporate bike lanes into road resurfacing projects, where feasible. Policy 4.8 requires the County to adhere to current Florida Department of Transportation (FDOT) design standards for sidewalks and bike lanes. These policies will be retained as written. OBJECTIVE 5: The County will coordinate the Transportation System development process with the Future Land Use Map. Objective Achievement Analysis: Collier County Comprehensive Planning staff regularly seeks input from Transportation Planning staff on transportation considerations related to proposed GMP Amendments. The two staffs work together annually with regard to the County's Annual Update & Inventory Reports (AUIRs). During the past three years, the staffs have worked together on the amendments establishing the Rural Fringe Mixed Use District of the FLUE, the update of the Golden Gate Area Master Plan, the update of the Immokalee Area Master Plan (ongoing), the proposed extension of Wilson Boulevard into the Rural Fringe Area, and the establishment of the County's checkbook concurrency provisions. The County has acted consistent with this Objective. Therefore, the Objective should be retained as written. Policy Relevance: There are three policies within this Objective. Policy 5.1 requires traffic analyses as part of the review of rezone requests. The Policy also prevents the Board of County Commissioners from approving rezone requests that would have significant adverse impacts on the County roadway system. This Policy has recently been revised to reflect criteria related to the County's adopted Transportation Concurrency Management and Concurrency Exception Areas. This Policy will be retained as written. Policy 5.2 defines a de minimis impact (with regard to rezone requests) on the roadway system as creating trips equal to less than 1% of the adopted peak hour service volume for the impacted roadway. This Policy will be retained as written. Policy 5.3 requires the County to conduct a Traffic Impact Vesting Affirmation Review to determine which developments are vested for concurrency, the schedule of when these developments will be built and the magnitude of traffic that will be generated by these developments. This review was completed during 2003. Information from the review was used to provide background data and analysis relative to the County's recent Transportation Concurrency Management Area and Concurrency Exception Area amendments. 1.5.B.5 OBJECTIVE 6: The County shall coordinate the Transportation Element with the plans and programs of the State, Region, and other local jurisdictions. Objective Achievement Analysis: This Objective requires the Collier County Transportation Division to coordinate with the transportation programs of other governmental entities. Collier County Transportation staff coordinates with transportation planning and improvement programs implemented by municipalities, neighboring counties, the Southwest Florida Regional Planning Council, the Florida Department of Transportation, and the Federal Highway Administration, and will continue to do so. Policy Relevance: Policy 6.1 requires the County to incorporate the long-range plans of the Collier County Metropolitan Planning Organization (MPO). Since the Transportation Division staffs the MPO, this is a relatively simple task. This Policy will be retained as written. Policy 6.2 requires the County Transportation Element to "consider" transportation plans of the City of Naples, the City of Marco Island, the Florida Department of Transportation, Southwest Florida Regional Planning Council and Lee County. The majority of such coordination occurs through the Collier County MPO. This Policy will be retained as written. Policy 6.3 requires the County to "be consistent in its interface into the arterial/collector system within the City of Naples and the City of Marco Island." The Policy has to do with establishing and maintaining connections between County and City roads. However, the original intent of this Policy is unclear. For instance, it could apply to the roadway connections themselves, or it could apply to administrative policies or guidelines. This Policy will be reworded for clarity. Policy 6.4 requires the Transportation Element to consider the State's adopted Five (5) Year Work Program, the Florida Transportation Plan, and the State Land Development Plan. This Policy is achieved primarily through the actions of the Collier County MPO. This Policy will be retained as written. Policy 6.5 references planned improvements to Golden Gate Parkway, including: The six-laning of the Parkway. The construction of a grade-separated overpass at the intersection of Airport- Pulling Road and Golden Gate Parkway. 1.5.B.6 The creation of an Interstate 75 interchange at Golden Gate Parkway. Planning for all of these projects is currently underway and the State and the County are in the process of acquiring right-of-way for the 1-75 Interchange and the widening of Golden Gate Parkway. OBJECTIVE 7: The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site traffic circulation. Objective Achievement Analysis: This Objective requires the County to develop and adopt standards for onsite and external traffic circulation as part of the development review process. The County has adopted such standards and they are applied to rezoning applications and site development permitting for all proposed development within Collier County. This Objective will be retained as written. Policy Relevance: There are five (5) policies within this Objective. Policy 7.1 makes reference to the County's Access Management Policy, which contains standards utilized by County staff during rezoning processes. This Policy will be retained as written. Policy 7.2 requires a neighborhood traffic impact analysis for rezone and conditional use requests. This Policy will be retained as written. Policy 7.3 requires the County to implement "the provision of safe and convenient on-site traffic flow and the need for adequate parking for motorized and non-motorized vehicles as a primary objective in review for Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications process." Such provisions have been adopted through the County's Zoning Code and are periodically reviewed and updated consistent with established transportation planning criteria. This Policy will be retained as written. Policy 7.4 requires the County to develop Corridor Management Plans for certain roadways. There is a similar requirement within the Future Land Use Element (see Section 1.5.G of this report). The FLUE provision lists corridors that could be subject to such plans. A few such plans have been implemented. An EAR-based amendment should include modification of this Policy in light of the County's recently adopted Transportation Concurrency Exception Area and Transportation Concurrency Management Areas. 1.5.B.7 Policy 7.5 requires the development of Corridor Access Management Plans. A few such plans have been implemented. An EAR-based amendment should include modification of this Policy in light of the County's recently adopted Transportation Concurrency Exception Area and Transportation Concurrency Management Areas. OBJECTIVE 8: The County shall establish and maintain a "Concurrency Management System" for the scheduling, funding, and timely construction of necessary road facilities. Obiective Achievement Analysis: Sections 2.2 through 2.4 of this report review issues related to Transportation Concurrency Management. Prior to 2003, County staff reviewed all PUD and DRI Applications for compliance with transportation concurrency provisions. As part of the review process, proposed projects were assessed for their transportation impacts and mitigation requirements were assigned to these projects on a case-by-case basis. This system was adequate for evaluating individual projects but did not adequately assess the combined impact of all development on the County's road system. During 2003, the Board of County Commissioners adopted a "checkbook concurrency system." This system examines the total trip capacity available for new development and includes provisions relative to vested traffic. As part of the process of establishing the checkbook concurrency system, the County has recently adopted amendments to the Transportation Element, Future Land Use Element and Capital Improvement Element that establish two Transportation Concurrency Management Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA). This Objective will be retained as written. Policy Relevance: There are two policies contained within these amendments. Policy 8.1 establishes a process for projecting LOS deficiencies on County roadways. This Policy was originally created in 2002 as part of the amendments that established the checkbook concurrency system. Therefore, this Policy will be retained as written. Policy 8.2 incorporates (by reference) Collier County Adequate Public Facilities Ordinance (Land Development Code Division 3.15), into the Transportation Element. This Policy was originally created in 2002 as part of the amendments that established the checkbook concurrency system. Therefore, this Policy will be retained as written. OBJECTIVE 9: The County shall encourage neighborhood involvement and sale and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, not classified as arterials or collectors through the implementation of the Collier County ~o , p Neighborhood Traffic Management Program (NTM). 1.5.B.8 Objective Achievement Analysis: This Objective was adopted in November 2002. It essentially established a program of neighborhood traffic calming measures that can be implemented by a public petition process (from affected residents to the Board of County Commissioners). The program is budgeted annually through the County's Schedule of Capital Improvements. It has successfully slowed traffic in certain portions of the County where neighborhood streets were being used as "cut-throughs" between two major roadways. However, the traffic calming measures, which are usually speed bumps or speed tables, have been criticized by emergency response agencies as increasing their response times to certain areas. County staff will continue to work with emergency responders to address potential conflicts. Therefore, this Objective will be retained as written. Policy Relevance: There are nine (9) policies within this Objective. Policy 9.1 incorporates the Neighborhood Traffic Management Program, by reference, into the Transportation Element. This Policy will be retained as written. Policy 9.2 requires the County to provide support services, resources and staff to coordinate the program. This Policy seems to duplicate the Objective and may thus be unnecessary. An EAR-based amendment should include either the deletion of this Policy or, alternatively, that the amendment expand the Policy into a description of criteria for implementing the program. Policy 9.3 commits the County to requiring interconnections of local streets, between developments, whenever feasible. The purpose of the Policy is to "facilitate convenient movement throughout the road network." An EAR-based amendment should include expansion of this Policy to define circumstances under which the County should require interconnection of two roadways. Policy 9.4 requires the County to "define on a project by project basis, the acceptable amount of rerouted traffic as a result of a traffic management project." In essence, the specific traffic management project must be based upon a goal that is defined by the amount of traffic ultimately rerouted. Presumably, if a chosen management strategy failed to reach the pre-defined goal, the County could try an alternative strategy. This Policy will be retained as written. Policy 9.5 essentially commits the County to routing the majority of through traffic away from neighborhoods and onto the County's major arterials and collectors. This Policy will be retained as written. Policy 9.6 states that the County will review impacts of the Neighborhood Traffic Management Program on emergency vehicle access into neighborhoods. Many of the management strategies employed by the County to slow or divert through traffic from 1.5.B.9 neighborhoods include the placement of speed bumps or speed tables at strategic points on the neighborhood road network. Emergency responders have criticized this aspect of the program as unduly slowing the arrival of emergency vehicles to addresses within the affected neighborhoods and/or resulting in damage to emergency vehicles. The Board of County Commissioners has the unenviable task of balancing such concerns against valid public safety concerns created by traffic speeding through neighborhoods en route between major roadways. An EAR-based amendment should include expansion of this Policy to include remedial actions to reduce the effect of management strategies on emergency response times, where feasible. Policy 9.7 states that collectors and arterials are not eligible for the Neighborhood Traffic Management Program. This Policy will be retained as written. Policy 9.8 allows the County to consider a variety of traffic calming devices for use within the Neighborhood Traffic Management Program. The Policy also provides that funding for the placement of these devices is to come from MSTUs or MSBUs created to fund the program for the specific neighborhoods that are benefited. Policy 9.9 defines minimum requirements for procedures to be used when establishing the program in any given neighborhood. OBJECTIVE 10: The County shall encourage safe and efficient mobility for the rural public. Objective Achievement Analysis: This Objective is a catchall for County transportation programs that operate within Collier County's rural areas. As such the Objective is intended to cover policies that deal with a range of different transportation tasks. Therefore, this Objective will be retained as written. Policy Relevance: There are three (3) policies within this Objective. Policy 10.1 requires the County to develop a program to examine the maintenance and operational needs of the County's rural roadway system. The program is required to examine both general mobility issues and hurricane evacuation. The County has a road improvelnent program for the rural areas, primarily Golden Gate Estates, of converting existing limerock roads to asphalt. These upgrades are triggered when residential development reaches the point of ten houses per road mile. Historically, the county has upgraded four to five miles of roads per year. The Road Maintenance Department currently spends $4 million annually for resurfacing and limerock to asphalt conversions. Therefore, this Policy will be retained as written. t.5.B.10 Policy 10.2 requires the County to provide Transportation Disadvantaged/paratransit services to the County's rural areas. The Collier County Metropolitan Planning Organization (MPO) has contracted with the Center for Urban Transportation Research (CUTR), located at the University of South Florida, to produce the County's Transit Development Plan (TDP) for fiscal years 2003 through 2007. The TDP includes both regular transit and paratransit demand study data and covers both urban and rural areas. Paratransit services are handled via the County's regular transit buses and vans, which are equipped with lifts to accommodate wheelchairs and/or electric carts. Disabled individuals may ride the buses at reduced fares and can be accompanied by guide animals. Therefore, this Policy will be retained as written. Policy 10.3 incorporates (by reference) the corridor management plan that was developed for the Tamiami Trail (U.S. 41) Scenic Highway. This designation was awarded to the County in 2000, for that portion of U.S. 41 located south and east of the more populated portions of the County and within the County's Conservation Future Land Use Designation. Therefore, this Policy will be retained as written. OBJECTIVE 11: The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities. Objective Achievement Analysis: Collier County owns and operates three (3) airports: Immokalee Regional Airport, in Immokalee; Everglades Airpark, in Everglades City; and Marco Island Executive Airport, located three miles north of the City of Marco Island in southwestern Collier County. Each of the airports is required by the Federal Aviation Administration (FAA) to prepare and periodically update an Airport Master Plan that details facility needs and proposed expansions or changes for each airport. The purpose of the above Objective is to incorporate (by reference) these Airport Master Plans into the Transportation Element. Therefore, this Objective will be retained as written. Policy Relevance: Policy 11.1 incorporates the various Airport Master Plans into the Transportation Element. Policy 11.2 gives the Collier County Airport Authority responsibility for future facility planning, consistent with the Airport Master Plans. Both of these policies will be retained as written. OBJECTIVE 12: The County shall encourage the efficient use of transit services now and in the future. 1.5.B. 11 Objective Achievement Analysis: This Objective is the location for all policies related to planning, operation, coordination and expansion of the Collier Area Transit (CAT) System. The CAT System is administered through the County's Traffic Operations & Alternative Transportation Modes Department with the aid of other Departments within the County's Transportation Administration (see the policies below). The CAT System began operation in February 2001 and in its first twelve months of service, provided over 211,000 passenger trips. Ridership has grown since that time. Therefore, this Objective will be retained as written. Policy Relevance: There are ten (10) policies within this Objective, all having to do with various aspects of the County's Transit System. Policy 12.1 establishes the Collier County MPO as the operator of the County's Transportation Disadvantaged (or paratransit) program. However, as noted under Policy 10.2, above, the program actually operates through the County's regular bus system, as opposed to a separate set of buses. An EAR-based amendment should include the addition to this Policy of a statement acknowledging that the Transportation Disadvantaged Program employs the County's regular bus system. Policy 12.2 charges the MPO and the County Transportation Division with coordinating transit planning with the Florida Department of Transportation. Currently, the agency (within the Transportation Division) that provides staff and resources to both the MPO and the Transit System is the Collier County Traffic Operations & Alternative Transportation Modes Department. Therefore, this Policy will be retained as written. Policy 12.3 establishes Collier County as the managing authority of the CAT System. This Policy will be retained as written. Policy 12.4 commits Collier County to pursuing "intergovernmental efforts" in order to establish a transit connection between the Lee County Transit System and the City of Naples. Currently, however, there is no such transit connection between the two Counties. However, as service connection between the two counties continues to be a desirable goal, this Policy will be retained as written. Policy 12.5 commits Collier County to participation in the MPO planning process. This Policy will be retained as written. Policy 12.6 commits the County to maintaining voting representation on the MPO Board and the MPO Technical Advisory Committee. This Policy will be retained as written. Policy 12.7 requires the County, upon adoption of a transit development plan, to initiate the development of transit right-of-way and corridor protection strategies. The County does have an adopted transit development plan, but this plan does not advocate the creation or reservation of specific transit corridors or rights-of-way. Rather, the transit 1.5.B.12 system utilizes existing County roadways and general travel lanes to provide service. Therefore, an EAR-based amendment should include deletion of this Policy. Policy 12.8 requires the transit development plan to include "an acceptable level of service standard for transit facilities." The adopted plan does include several such levels of service standards, to be used as indicators of the effectiveness and efficiency of the County Transit System. Additionally, staff notes that Section 163.3180 (4) (b), Florida Statutes, was amended in 2001 to exempt transit systems from concurrency. Therefore, staff recommends that the EAR-based amendments include deletion of this Policy. Policy 12.9 requires transit-based capital expenditures to be included in the Capital Improvement Element. As this is currently the case, this Policy will be retained as written. Policy 12.10 incorporates the most recent County Public Transportation Development Plan and Public Transit Operating Plan into the Transportation Element by reference. However, in Collier County the "Transit Development Plan" covers both development and operational aspects of the transit system. Therefore, an EAR-based amendment should include a revision of this Policy to incorporate only the "Transit Development Plan." 1.5.B.13 1.5.C.1: Brief Assessment of Successes & Shortcomings - Public Facilities Element - Sanitary Sewer Subelement A. Introduction & Background: The purpose of the Sanitary Sewer Subelement is defined within its single Goal (Goal 1), which reads as follows: "TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES." As currently formatted, this Subelement consists entirely of a Goal (Goal 1), Objectives and Policies. As part of the EAR-based amendments, Comprehensive Planning staff is recommending formatting changes consisting of the addition of a brief introductory statement for the Subelement and removal of the "1" from the Goal, so that it is simply the Goal of the Subelement. Also, the Subelement contains a number of references to the County's Water & Sewer District. The District's official name is now the "Collier County Water-Sewer District, and the Subelement text needs to reflect this. B. Objectives Analysis: OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plano In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. Objective Achievement Analysis: This Objective concerns both private and public utilities. Collier County's private water and wastewater utilities are regulated through the Utility & Franchise Regulation Section of the Community Development & Environmental Services (CDES) Operations Department. This agency serves as staff for the Collier County Water and Wastewater Authority. The Utility & Franchise Regulation Section is the County entity responsible for monitoring compliance with County regulations by the private utilities. In addition to managing the operations of the Department and Section, the CDES Operations Director is also the Executive Director for the Water and Wastewater Authority. The Authority is also the regulating entity for the four (4) utility franchises operating in Collier County. In regulating the operations of the County's private utilities the Authority, which is appointed by the Board of County Commissioners, exercises considerable power~ They 1.5.C.1.1 may set rates, adjust fl'anchise boundaries, set quality of service standards and intervene in disputes between utilities and customers~ The publicly owned (as opposed to privately-owned) wastewater collection system is operated by Collier County as the Collier County' Sewer District. The District is responsible for developing, operating and maintaining the County's public facilities related to wastewater treatment and collection for most county residents. The Collier County Board of County Commissioners has adopted the 2002 Wastewater Master Plan Update, Final Update (Master Plan) for the Collier County Government PuNic Utilities Engineering Department. This Master Plan updates provides for an integrated approach for meeting the needs of the citizens of Collier County wastewater and reclaimed water facilities up to the year 2020. A fltrther update to the Master Plan will be completed during 2004. The Master Plan is considerably more detailed than the Subelement regarding this objective. It contains separate criteria for wastewater treatment, wastewater collection and transmission, biosolids, and reclaimed water. Furthermore, with regard to the County Utility System, the County has implemented this Objective through: the adoption of Level of Service (LOS) Standards; the implementation of a concurrency management database and certificate of service tracking system; allowing private utility service only in areas where the County's wastewater management system does not operate; completion of the South County Regional Water Reclamation Facility; completion of the collection system for the East Naples and South Naples areas; ongoing expansion of the North County Regional Water Reclamation Facility; and establishing Community Development Districts, as per the criteria contained in Section 190, Florida Statutes~ Based on the above, this Objective should be retained as written, Policy Relevance: There are seven (7) policies within this Objective, Policy 1.1.1 requires the continued development of the Collier County Regional Sanitary Sewer System consistent with the criteria contained in the Capital Improvements element. Staff recommends that this policy be retained as written. However, the EAR-based amendments should include revision to the CIE table for potable water and sanitary sewer capital projects because the currently cite out-of-date treatment plant expansions, Policy 1.1.2 places limits upon the establishment of central sanitary sewer service by allowing such service only in specific areas. Staff has identified a grammatical error in this Policy as it is currently written, and recommends correcting the error as pan of the EAR-based amendments. Policy 1,1.3 requires private sector sanitary sewer service utilities to file an annual statement of their policy and service criteria, including level of service provided, with the Collier County Utilities Division, for the expansion anti/or replacement (of their facilities l .5.C.i.2 to correct existing deficiencies and provide for future growth within their respective service areas. Staff recommends that the EAR-based amendments include revisions to this Policy for purposes of clarity. Policy 1.1.4 allows the use of package treatment plants or septic systems in areas of the County where centralized sewer service is not available. This Policy also contains criteria for the use of various wastewater treatment systems within the RLSA. Staff recommends that this policy be retained. Policy 1.1.5 requires connection of all properties to a centralized sanitary sewer system when such becomes available. The language used in the text of the Policy is convoluted, and staff recommends simplifying this statement. Policy 1.1.6 gives priority to connecting package treatment plants and septic systems to centralized sanitary sewer systems. The Policy contains criteria referring to private systems that have the potential to create adverse environmental or public health impacts. Staff recommends that criteria regarding bacteriological and effluent quality be added to this policy for the purpose of providing specific guidelines as to when interconnection should occur. Policy 1.1Q7 requires Community Development Districts, or other special infrastructure districts, to connect to the County Utility System when they are located within the Collier County Water-Sewer District Service Area. OBJECTIVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202,, F~S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Objective Achievement Analysis: This Objective is the County's concurrency provision for wastewater treatment capacity. The Collier County Land Development Review Process requires a determination that there is, or will be, adequate wastewater treatment capacity to serve the buildout of a proposed development. Furthermore, the County does not permit the establishment of large-scale residential or commercial developments without either the ability to treat the project's wastewater through an existing central utility or the establishment of an onsite wastewater treatment system. The Collier County Water-Sewer District achieves concurrency of its stated LOS standard. The disclosure of this achievement is reported within the updates of the Wastewater Master Plan. Therefore, this Objective has and is being met, and should be retained as written. 1.5~C.l.3 Policy Relevance: There are four (4) policies within this Objective. Policy 1.2.1 establishes Level of Service (LOS) standards for various treatment facilities and for various types of land use. Staff recommends that this policy be retained. However, the policy should be revised to indicate the LOS standard for Orangetree Utility, the Immokalee Water and Sewer District and the Florida Governmental Utility Authority, all of which are in Collier County. Policy 1.2.2 requires that public and private utility methodologies for determining available capacity and demand must incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. This Policy should be retained as written. Policy 1.2.3 declares that the LOS Standards from Policy 1.2.1 are the minimum criteria upon which to base replacements, expansions or capacity increases. This Policy should be retained as written. Policy 1.2.4 requires an annual review of wastewater treatment demand records, with adjustment of the LOS Standards, as necessary, based upon the findings of the annual review. This Policy should be retained as written. OBJECTIVE 1.3: The County will continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage. Objective Achievement Analysis: A review of the single policy within this Objective indicates that it is concerned with the safe and economic disposal of sewage sludge from County facilities. The Objective should be expanded to cover private sludge and septage disposal practices within Collier County, Policy Relevance: Policy 1.3.1 requires sludge de-watering and stabilization facilities to be included in all County wastewater treatment plants, The facilities are required to produce sludge de- watered and stabilized to a degree suitable to enable its use as cover material for County landfills or to be used for any suitable manner that is permitted by law, The stabilization facilities at the North County Water Reclamation Facility were abandoned in 1999 due to odor concerns. The County currently hauls biosolids to a sanitary landfill o~ an interim 1,5.C, 1.4 basis until biosolid stabilization facilities can be obtained to meet FAC Chapter 62-640 and USEPA 40 CFR Part 503. This policy should be retaine& As part of the EAR-based amendments, the County proposes a new policy requiring private sludge and septage to be treated to a degree equivalent to that employed at the County facilities, prior to its disposal~ OBJECTIVE 1.4: The County will continue to promote the use of reclaimed water for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies. Objective Achievement Analysis: This Objective commits the County to promoting the use of reclaimed water as an irrigation source for suitable properties. This language is similar to language contained in Objective 1.4 of the Potable Water Subelement (see Section 1.5.C.2 of this report). The County has an active reclaimed water irrigation program. Therefore staff recommends retention of this Objective as currently written. Policy Relevance: There are six (6) policies within this Objective. Policy 1.4.1 requires the County to negotiate with area golf courses toward having these land uses accept reclaimed water as an irrigation source. A similar policy also occurs in the Potable Water Subelement (see Section 1.5.C.2 of this report). This policy should be retained as written. Policy 1.4.2 calls for publicly owned lands to be connected to reclaimed water irrigation systems when economically feasible, This policy should be retained as written. Policy 1.4.3 calls for suitable private lands to be connected to reclaimed water irrigation systems when economically feasible. This policy should be retained as written. Policy 1.4.4 permits the construction and connection (to the County system) of dual water systems for new subdivisions, to the extent that this may be done without adverse impacts to the potable water system. Staff notes that similar Potable Water Subelement Policy 1.4.6 is written differently. Both policies should be retained but they should be made consistent with each other. Policy 1.4.5 requires that dual water systems within Community Development Districts or other special districts be connected to the Regional (County) system, at such time as the system is available for such connection. 1..5.C.1.5 Policy 1.4.6 requires the County to expand the use of "supplemental water systems." However, it also references the reclaimed water system, This policy was achieved with the completion of the Immokalee Road (aka Mule Pen Quarry) supplemental water wells, These wells were completed in 2002. This policy should be removed. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies~ Objective Achievement Analysis: This Objective seeks to discourage urban sprawl through maximization of existing public wastewater treatment utilities. Further, the Objective states that this action will be achieved through the local development review process. The Public Utilities Engineering Department coordinates with the Zoning & Land Development Review Department in the review of development order applications to ensure that the requirements of this Objective are met. Therefore, this Objective should be retained as written. Policy Relevance: There are three (3) policies within this Objective. The Objective and policies are similar to Objective 1.5 and its policies within the Potable Water Subelement (see Section 1.5.C.2 of this report). Policy 1.5.1 states "universal availability of "central sanitary sewer systems" will only be permitted in certain specific areas of the County. This policy is a restatement of Policy 1.1.2, but with an emphasis on limiting urban sprawl. The policy was amended during 2003. Therefore, these policies should be retained. Policy 1.5.2 seeks to limit the ability of private sector and/or package sanitary treatment systems to be established, expand or add customers. "No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits." The policy was amended during 2003. The County recommends retention of this Policy with the correction of "DER" to "FDEP." Policy 1.5.3 contains the conditions for connection of development within the RLSA and the Rural Fringe to a central sanitary sewer system. Specifically, the policy states that "no properties designated other than as a Town, Village, Hamlet or Compact Rural Development" (within the RLSA) are permitted to connect to a central sanitary sewer system. The policy also states conditions for connections within the Rural Transition Water & Sewer District (i.e. the County's Rural Fringe Mixed Use District). The policy was created during 2003~ Therefore, this policy' should be revised to reflect the change to the District Boundaries adopted in 2003: 1.5~C. 1.6 1.5.C.2: Brief Assessment of Successes & Shortcomings - Public Facilities Element - Potable Water Subelement A. Introduction & Background: The purpose of the Potable Water Subelement is defined within its single Goal (Goal 1), which reads as follows: "TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES." As currently formatted, this Subelement consists entirely of a Goal (Goal 1), Objectives and Policies. As part of the EAR-based amendments, Comprehensive Planning staff is recommending formatting changes consisting of the addition of a brief introductory statement for the Subelement and removal of the "1" from the Goal, so that it is simply the Goal of the Subelement. Also, the Subelement contains a number of references to the County's Water & Sewer District. The District's official name is now the "Collier County Water-Sewer District, and the Subelement text needs to reflect this. B. Objectives Analysis: OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. Objective Achievement Analysis: Section 3.2 of this EAR contains an analysis of the Collier County Growth Management Plan, including the Potable Water Subelement, relative to compliance with the South Florida Water Management District's Lower West Coast Water Supply Plan. Additionally, the staff of the Collier County Public Utilities Division has prepared a Ten- Year Water Supply Facilities Work Plan. to be transmitted to the Florida Department of Community Affairs in conjunction with this EAR. Along with the Work Plan, County staff will be transmitting related amendments to the Potable Water Subelement and the Capital Improvement Element. Both the Work Plan and the Subelement are based upon the County's adopted 2002 Water Master Plan Update. The Master Plan Update provides for an integrated approach to meeting the projected water system demands of unincorporated Collier County up to the year 2020. The current Master Plan Update is an update to the 2001 Water Master Plan Update. The Board of County Comnfissioners has requested that the Master Plan be updated annually. The Master Plan utilizes population pro, iections prepared by the Collier County Comprehensive Planning Department, approved by the Florida Department of 15.C.2. i Comn'mnity Affairs (DCA) and accepted by the South Florida Water Management District (Si~VMD). The Master Plan Update contains water demands that are provided at five-year increments to be consistent with the Lower West Coast Regional Water Supply Plan. As part of the EAR-based amendments, Objective 1.1 should be revised to reference the Lower West Coast Water Supply Plan, the County Master Plan and the Ten-Year Water Supply Facilities Work Plan. Policy Relevance: There are currently three policies within this Objective. Policy 1~1,1 calls for the continued expansion of the County's Aquifer Storage & Recovery (ASR) Program. This Policy should be retained as written. Policy 1.1.2 calls for continuation of a County program for protecting existing and potential water supply sources. However, protection of existing and potential water supply sources is under the jurisdiction of the County's Pollution Control Department. Therefore, this Policy should be retained as written. Policy 1.1~3 requires the County to identify sufficient water supply sources to address future needs. This Policy should be revised to reflect seeking supply from other permissible sources of raw water cited in the Lower West Coast Water Supply Plan in addition to brackish water. OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in. their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the following policies. Objective Achievement Analysis: Collier County's private water and wastewater utilities are regulated through the Utility & Franchise Regulation Section of the Community Development & Environmental Services (CDES) Operations Department. This agency serves as staff for the Coltier County Water and Wastewater Authority~ The Utility & Franchise Regulation Section is the County entity responsible for monitoring compliance with County regulations by the private utilities. In addition to managing the operations of the Department and Section, the CDES Operations Director is also the Executive Director fo~ the Water and Wastewater Authority. The Authority is also the regulatory entity for the four (4) utility franchises operating in Collier County. i.5,C,2.2 In regulating the operations of the County's private utilities the Authority, which is appointed by the Board of County Commissioners, exercises considerable power, They may set rates, adjust franchise boundaries, set quality of service standards and intervene in disputes between utilities and customers. The publicly owned (as opposed to privately-owned) water supply system is operated by Collier County as the Collier County Water District. The District is responsible for developing, operating and maintaining all of the County's public facilities related to potable water treatment and distribution. The above Objective should be retained as written, Policy Relevance: There are six (6) policies within this Objective. Policy 1.2.1 calls for the County to continue development of a Regional Potable Water Utility System. The EAR-based amendments should include a revision to this policy that recognizes the existence of the County Water District. Policy 1.2.2 references several geographic areas of the County, relative to the Countywide Future Land Use Map (FLUM) and with respect to areas served by, or planned to be served by, the Collier County Water District. The Policy also allows and/or requires (depending on size) future developments within the County to be served by centralized potable water systems. As this Policy was recently updated to reflect creation of the FLUM's Rural Fringe Mixed Use District (RFMUD) and Rural Lands Stewardship Area (RLSA) Overlay, this Policy should be retained as written. Policy 1.2.3 requires, to the extent of County authority, private water utilities to report proposed expansions or system modifications to the County, including a statement as to how the proposed activity is consistent with the County's Growth Management Plan. This Policy should be retained as written. Policy 1,2.4 allows development of new or expanded potable water systems in certain portions of unincorporated Collier County. It also allows the use of individual water supply wells in areas where County or other central water supply service is unavailable. This Policy should be retained as written. Policy 1.2.5 calls for the County to continue enforcing mandatory connection to a central water supply system, when such is available. The Policy is worded in a convoluted manner. The EAR-based amendments should include a revision to this policy to simply state the County's mandatory connection policy. Policy 1.2.6 requires Community Development Districts, or other Special Districts to connect to Courlty water facilities when such are available, This Policy should be retained as written. 1.5.C.2.3 OBJECTIVE 1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Objective Achievement Analysis: This Objective is the County's potable water concurrency provision. The Collier County Water-Sewer District achieves concurrency of its stated LOS standard. The disclosure of this achievement is reported within the updates of the Water Master Plan. As such~ this Objective should be retained as written. Policy Relevance: There are four (4) policies within this Objective. Policy 1.3.1 lists the Level of Service (LOS) Standards for the various Collier County potable water utilities, both public and private. The policy should receive the following revisions: A revision to the 1st statement of the 2nd paragraph should be revised to state "Review of water usage data for the Collier County Water-Sewer District since 1989 indicated the LOS standard for finished water should be increased to 185 gpcd." In addition, the policy should be revised to indicate the LOS standard for Orangetree Utility~ the hnmokalee Water and Sewer District and the Florida Governmental Utility Authority, all of which are in Collier County. Policy 1.3.2 requires that public and private utility methodologies for determining available capacity and demand must inco~porate appropriate peak demand coefficients for each facility and for the type of development proposed. This Policy should be retained as written, Furthermore, the EAR-based amendments should include revision to the CIE table for potable water and sanitary sewer capital projects because the currently cite out- of-date treatment plant expansions. Policy 1.3.3 states that the LOS Standards contained in Policy 1.3. l "are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities." This Policy should be retained as written. Policy 1.3.4 requires an annual review of potable water demand records, with adjustment of the LOS Standards, as necessary, based upon the findings of the annual review. This Policy should be retained as written. 1.5(~.24 OBJECTIVE 1.4: The County will continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Objective Achievement Analysis: This Objective comn-fits the County to implementation of a water conservation program. As such, it should be retained as written. Policy Relevance: There are currently seven (7) policies within this Objective. However, the text for Policy 1.4.7 states that it has been delete& Staff recommends, therefore, that all reference to this Policy be deleted. Policy 1.4.1 requires the County to negotiate with area golf courses toward having these land uses accept treated wastewater as an irrigation source. A similar policy also occurs in the Sanitary Sewer Subelement (see Section 1.5.C 1 of this report). This Policy should be retained as written. Policy 1.4.2 calls for publicly owned lands to be connected to treated-effluent irrigation systems when economically feasible° This Policy should be retained as written. Policy 1.4.3 calls for suitable private lands to be connected to treated-effluent irrigation systems when economically feasible, This Policy should be retained as written, Policy 1.4.4 requires the County to promote the use of xeriscape techniques so as to reduce irrigation requirements. This policy has a cited suspense date for meeting an accomplishment, In addition, xeriscaping is not one of Public Utilities' responsibilities. However, the County's CDES landscaping review staff continues to promote the use of xeriscape techniques so as to reduce irrigation requirements. Therefore, this policy should be revised to continue the effort to use xeriscaping techniques, but to omit the cited 1992 date. Policy 1.4.5 references the County's irrigation reduction Ordinance, This policy has a cited suspense date for meeting an accomplishment. Collier County has established a conservation program with regard to irrigation reduction, Therefore, this policy should be revised to continue the irrigation reduction effort, but to omit the cited 1998 date. Policy 1.4.6 requires the County to establish a dual water irrigation system at such time as feasible. This policy should be retained as written., 1.5.C2.5 Policy 1.4.7 has been deleted by a previous amendment. Therefore, all references to this Policy should be deleted OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Objective Achievement Analysis: This Objective seeks to discourage urban sprawl through maximization of existing public water supply utilities. Further, the Objective states that this action will be achieved through the local development review process. The Public Utilities Engineering Department coordinates with the Zoning & Land Development Review Department in the review of development order applications to ensure that the requirements of this Objective are met. This Objective should be retained as written. Policy Relevance: Policy 1~5, 1 states that "universal availability of central potable water systems" will only be permitted in certain specific areas of the County~ This policy is a restatement of Policy 1.2.2, but with an emphasis on limiting urban sprawl. The policy was amended during 2003. Therefore, the County recommends retention of this Policy as written. Policy 1.5.2 seeks to limit the ability of private or public utilities to add customers. "No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all FDEP permits. The policy was amended during 2003, Therefore, this policy should be retained as written. Policy 1.5.3 contains the conditions for connection of development within the RLSA to a central water system. Specifically, the policy states that "no properties designated other than as a Town, Village, Hamlet or Compact Rural Development" are permitted to connect to central potable water distribution lines. The policy was created during 2003~ However, the District boundaries were modified to allow the connection to central potable water distribution lines along a 400 foot corridor of specific roadways. Therefore, this policy should be revised to incorporate the conflicting provisions which modified the District's boundaries~ Therefore, this Policy should be retained as written. Policy 1.5,4 creates the Rural Transition Water & Sewer District, This District corresponds to the County's Rural Fringe Mixed Use District. The policy was created during 2003. Therefore, staff recommends retention of this Policy as written. 1.5.(7,2.6 1.5.C.3: Brief Assessment of Successes & Shortcomings - Public Facilities Element - Drainage Subelement A. Introduction & Background: The purpose of the Drainage Subelement is defined within its single Goal (Goal 1), which reads as follows: "PROV1DE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS." Note that, in one respect, there is overlap in the intended purpose of the Drainage and Natural Groundwater Aquifer Recharge Subelements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Subelement is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Subelement is on groundwater protection. For an evaluation of the Natural Groundwater Aquifer Recharge Subelement, please see Section 1.5.C.5 of this report. As currently formatted, this Subelement consists entirely of a Goal (Goal 1), Objectives and Policies. As part of the EAR-based amendments, the County is recommending forrnatting changes consisting of the addition of a brief introductory statement for the Subelement and removal of the "1" fi'om the Goal, so that it is simply the Goal of the Subelement. B. Objectives Analysis: OBJECTIVE 1.1: Via the Annual Update and Inventory Report on Public Facilities (AUIR) process, annually update the Drainage Atlas Maps and Channel/Structure Inventory components of the adopted Water Management Master Plan to verify the existing watershed basin boundaries within Collier County. Verify the design storm capacity of the drainage facilities within each basin, and determine the cosls necessary to maintain the facility capacities to selected design storm standards for inclusion of needed programlning of operational funds in the Annual County Budget and capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Objective Achievement Analysis: The above Objective requires drainage projects to be included in the County's Annual Update and Inventory Report (AUIR), and thus the Annual Schedule of Capital Improvements. The County has been diligent in adhering to this requirement~ The current Capital Improvement Schedule (2002 - 20061 includes five (5) drainage projects. 1.5C.3.1 Policy Relevance: There are six (6) policies within this Objective. Policy 1.1.1 requires that drainage project procedures and processes be monitored to ensure that they are beneficial to natural resources. This Policy should be retained as written. Policy 1,1.2 requires County Stormwater Management staff to implement projects and procedures in such manner as to ensure that adequate drainage capacity exists at the time such capacity is needed for new development. This Policy should be retained as written. Policy 1,1.3 requires the development of new drainage facilities to ensure protection of groundwater, with emphasis on the water table aquifer. This policy also emphasizes the needs of commercial and agricultural operations. However, it is unclear from the policy language whether the intent is to emphasize drainage for such operations or use of stormwater for irrigation. It is also unclear what the policy wording means by the term "commercial operation." As part of the EAR-based amendments, this policy should be clarified. Policy 1~1.4 calls for an evaluation of whether to restore historical flowways and use these flowways to control runoff to estuaries. As part of the EAR-based amendments, the County recommends revising this policy to contain specific criteria regarding the restoration of such flowways. Policy 1.1.5 references three (3) detailed drainage studies, regarding schedules for completion of studies for the County's Gordon River Extension, Belle Meade and Immokalee Drainage Basins~ As part of the EAR-based amendments~ staff recommends revising this policy should be revised to reflect the current status/scheduling of these three studies. Policy 1.1.6 is similar to 1.1.5, but references three secondary basins. The date references within this Policy are significantly out-of-date. As part of the EAR-based amendments, this policy should be revised to reflect the status of the three referenced studies, and/or to reference any additional basin studies that may be necessary. OBJECTIVE 1.2: Maintain adopted drainage level of service standards for basins and sub-basins identified in the Water Management Master Plan, Objective Achievement Analysis: The purpose of this Objective and its policies is to reference the County's adopted drainage LOS standards for its established drainage basins. As such, the Objective fulfills its task and should be retained. Policy Relevance: There are two policies within this Objective. Policy 1.2.1 list standards for the various identified drainage basins. It should be revised, as necessary, to reflect the current adopted list of basins and the relevant LOS standards. There is a misnumbering error with regard to the second policy within this Objective, as it is shown as Policy 1.2.3~ It calls for enlarging "the scope of the Water Management Master Plan to include recommendations for changing Levels of Service together with analysis of capital requirements." OBJECTIVE 1.3: Beginning with fiscal year 1996-97, a five-year schedule of capital improvement needs for water management facilities will be maintained and updated annually in conformance with the review process for the Capital hnprovement Element of this plan. Objective Achievement Analysis: Like all other types of capital improvements, drainage projects are included in the County's Annual Five-Year Schedule of Capital Improvements, and thus the County's Annual Budget for each fiscal year. The above Objective contains an outdated year reference, but the wording is otherwise acceptable. As part of the EAR-based amendments, the Objective should be reworded to remove the year reference and simply refer to the five-year schedule of capital improvements. Policy Relevance: There are four policies within this Objective. Policy 1.3.1 calls for the development of procedures to regularly update demand and capacity information. Policy 1.3.2 requires the preparation of periodic summaries of the information developed for Policy 1~3.1~ Policy 1.3.3 requires drainage projects to be ranked according to the ranking criteria contained within the Capital Improvement ElernenL Policy 1.3.4 requires that the County give major emphasis to drainage improvements in Estates and Urban Areas, as opposed to other portions of the County. All of these policies should be retained as writtem OBJECTIVE 1.4: Beginning with fiscal year 1996-97, develop policies and programs to correct existing deficiencies and provide for future facility needs for those projects which have been outlined in the adopted Water Management Master Plan and any future individual basin studies, 1.5C.3.3 Objective Achievement Analysis: This Objective calls for the establishment of an annual drainage work program, but references an outdated fiscal year. As part of the EAR-based amendments, the Objective should be reworded to remove the year reference and simply refer to the annual work program. Policy Relevance: There are three policies within this Objective. Policy 1.4.1 requires water management projects to be undertaken in accordance with the procedures outlined within the County's Capital Improvements Element, and that such projects be coordinated with the Big Cypress Basin Board and the South Florida Water Management District. (It is worth noting here that, in Collier County the Big Cypress Basin Board, an arm of the South Florida Water Management District, maintains the major drainageways while Collier County maintains the tributary systems.) This policy should be retained as written. Policy 1.4.2 calls for the establishment of annual work programs to "correct existing deficiencies and provide for future facility needs~" The policy also seeks to encourage the use of innovative funding mechanisms for such projects, including the creation of special taxing districts. The purpose of this policy is to provide the ability for the County to establish a stormwater utility system. This policy should be revised to clarify its intent. Policy 1.4.3 requires the development of a public awareness program relative to stormwater management issues. The County Stormwater Management Department maintains a very sophisticated website that provides both general information on stormwater issues and specific information about County projects and activities~ This policy should be revised to reference the website and other ongoing public awareness activities undertaken by the County. OBJECTIVE 1.5: Continue to regulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the adopted Land Development Code (Ordinance 91-102 as amended): Objective Achievement Analysis: The wording within this Objective is acceptable, but it references an outdated edition of the County's Land Developmenl Code (LDC). The EAR-based amendments should include a revision to this Objective to either update the LDC reference or remove the reference altogether. 1.5C.3.4 Policy Relevance: There are two policies within this Objective. Policy 1.5.1 requires an annual review of water management ordinances and regulations with regard to their effectiveness. The EAR-based amendments should include a revision to this policy to refer to a "periodic review" instead of an "annual review." Policy 1.5.2 requires that the annual review, reflected in Policy t.5.1, lead to the development of new regulations or ordinances. Once again, the EAR-based amendments should include a revision to this policy to refer to a "periodic review" instead of an "annual review°" OBJECTIVE 1.6: The functions of natural drainage features shall be protected through the application of standards that address the quality and quantity of discharge from stormwater management systems~ This objective is made measurable through the following policies: Objective Achievement Analysis: This Objective seeks to protect natural drainage features through the imposition of stormwater discharge quantity and quality standards. The Objective relies on its subject policies for the definition of standards. Therefore, the Objective may be retained as written. Policy Relevance: There are three policies within this Objective. Policy 1.6ol requires offsite drainage discharges to meet State Water Quality Standards. However, the Policy references an outdated Florida Administrative Code Citation, and should be updated as part of the EAR-based amendments. Policy 1.6o2 references the retention/detention requirements of the South Florida Water Management District's Basis of Review'. However, the policy also references a date of August 31, 1999. This policy's date reference should be updated or reworded so as to simply refer to the District requirements, without a date. Policy 1.6.3 commits the County to using the 3-day~ 25-year storm event as a discharge rate standard. The policy also contains a list of calculated discharge rates for certain basins. This policy should be updated with regard to the stated discharge rates, as necessary. 1.5.C.4: Brief Assessment of Successes & Shortcomings - Public Facilities Element - Solid Waste Subelement A. Introduction & Background / Stated Objective: The Solid Waster Sub-Element contains a single Goal, which states the primary purpose of this Sub-Element, Goal I reads as follows: "Provide an efficient and economical balance of public and private services that will enable the people of Collier County to meet the established requirements for solid waste disposal in a manner to assure their public health and safety and to protect the air, water and land resources of Collier County." The original intent of the Solid Waste Sub-Element was to assure the provision of efficient and economical services that would enable the citizens of Collier County to meet their needs for solid waste management while also assuring public health and safety in accordance with the criteria set forth in Rule 9J-5, F.A.C., and Chapter 163, Florida Statutes. Based upon recommendations contained in the County's 1996 Evaluation and Appraisal Report, the objectives and policies related to solid waste collection were meant to maintain and enhance current conditions rather than correct any problems or deficiencies. As currently formatted, this Subelement consists entirely of a Goal (Goal 1), Objectives and Policies. As part of the EAR-based amendments, Comprehensive Planning staff is recommending formatting changes consisting of the addition of a brief introductory statement for the Subelement and removal of the "1" from the Goal, so that it is simply the Goal of the Subelement. B. Objective Achievement Analysis: OBJECTIVE 1.1: (COLLECTION) The maintenance of a safe, dependable and efficient solid waste collection system. Present Level of Service includes two (2) franchise collection areas and three transfer stations: a. Unincorporated County service area; b. Immokalee service area; c. Three (3) transfer stations; 1. Naples Transfer Station 2. Marco Transfer Station 3. Carnestown Transfer Station Objective Achievement Analysis: The indicator for this Objective is new franchise agreements negotiated with solid waste haulers for the period of 10/98 to 7/03. Since October 1998, tv,;() (2) new' franchise agreements were negotiated with haulers, one with Waste Management, Inc., and the 1.5.C.4.1 second with Immokalee Disposal Company. Collier County Comprehensive Planning Department staff believes that this objective continues to be relevant and therefore should be retained. However, staff recommends simplifying the Objective numbering system. Thus, this Objective, instead of being "1.1," would become simply "Objective 1." Policy Relevance: Staff proposes to simplify the numbering system for all policies within this Subelement. Instead of using a three-digit format, staff is recommending a two-digit format. Thus, "Policy 1.1.1" would become "Policy 1.1." There are four (4) policies within this Objective. Policy 1.1.1 requires the County to continue to maintain and regulate collection costs to ensure efficient and dependable service affordable to all users. This policy was developed at a time when solid waste disposal services were funded by direct billing of customers. However, since that time, the Board of County Commissioners has adopted the practice of paying for solid waste disposal services through ad Valorem taxes. It is therefore recommended that the EAR- based amendments include deletion of this policy. Policy 1.1.2 calls for the maintenance of the County's mandatory collection ordinance. Staff recommends that this policy be updated to reflect the most recent ordinance. Policy 1.1.3 recommends that the County continue to evaluate economic transfer and disposal systems including transfer stations. Staff recommends that this policy be retained. Policy 1.1.4 requires that all solid waste management issues be addressed at advertised public meetings. Recommend that this policy be retained. Staff notes that if Policy 1.1.1 is deleted, the subsequent policies would be renumbered. OBJECTIVE 1.2: (DISPOSAL) Continue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and to investigate improved methods and implement practices that meet this objective. Objective Achievement Analysis: A review of the policies associated with this Objective reveals that it is primarily concerned with the environmental impact of County landfills. However, it also contains a policy that references the County's Solid Waste Level of service (LOS). Recommend that the current wording of the Objec[ive be retained. 1.5.C.4.2 Policy Relevance: There are eight (8) policies within this Objective. Policy 1.2.1 requires that groundwater wells be monitored. As part of the EAR-based amendments, the recommendation is to modify the wording of this policy to clarify that the wells are located within the vicinity of the County's landfills and that they (the wells) are being monitored for potential leachate contamination. Policy 1.2.2 calls for leachate and gas management systems to be installed at County landfills, as needed. Both County landfills currently have such systems in operation. Therefore, this Policy should be modified to reflect the maintenance and upkeep of the existing systems. Policy 1.2.3 requires the County's Solid Waste Management Department to pursue State and Federal grants and to participate in feasibility projects on improved techniques for landfill operations and other methods of solid waste disposal. Recolnmend that this policy be retained. Policy 1.2.4 requires the County to maintain sufficient land inventory for future landfills. The County's adopted LOS for landfill capacity (as referenced in the Capital Improvement Element (see Section 1.5.A of this report)) is "10 years of permittable capacity at average disposal rate/previous five (5) years." The County's 2003 Annual Update and Inventory Report (AUIR) concludes that the County has approximately 20 years of landfill space left with current diversion and recycling rates. Under thel0-year AUIR criteria, County Solid Waste Management staff believes that the County will have a number of long-term capacity options available. However, a decision as to which option or options to pursue would need to be made no later than the Fiscal Year 2010 AUIR cycle, in order to allow for permitting and development timeframes. Available options include: 1. Increase the permissible elevation of the Naples Landfill so as to gain additional airspace capacity. 2. Develop means to partially or completely divert municipal solid waste from the landfill (additional recycling or alternative forms of disposal). 3. Secure and utilize capacity at a landfill or landfills outside of Collier County. 4. Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. Recommend that Policy 1.2.4 be revised to reflect the capacity options available to the County. Policy 1.2.5 references the LOS standards contained in the Capital Improvement Element. Recommend that this policy be retained as written. 1.5.C.4.3 Policy 1.2.6 requires that the County define the cost of continued landfilling in the County over the next 5,10 and 20 years. This is done annually as part of the County's AUIR process. Recommend that this policy be retained. Policy 1.2.7 requires that the County's Solid Waste Department assure public awareness and participation in solid waste disposal issues by requiring all issues to be addressed in advertised public meetings. Recommend that this policy be retained. Policy 1.2.8 commits the County to holding at least one hazardous waste collection day (amnesty day) per year. However, since this policy was written the County has opened a Hazardous Waste Collection Facility. The Facility is opened five days per week and accepts household and small business hazardous wastes. The annual collection day program also remains in operation. Therefore, the recommendation is that the EAR- based amendments include a revision to this Policy, referencing the Collection Facility. OBJECTIVE 1.3: (RECYCLE AND RECOVERY) Maintain and update the Solid Waste Master Plan as directed by the Board of County Commissioners. Objective Achievement Analysis: The County's Solid Waste Management Department maintains the County's solid waste disposal activities in accordance with a Integrated Solid Waste Management Strategic Plan which includes Short, Intermediate, and Long Term Measures. Recommend that this Objective be modified to reflect the "Integrated Solid Waste Management Strategic Plan," instead of the "Solid Waste Master Plan." Policy Relevance: There are three policies within this Objective. Policy 1.3.1 calls for the maintenance and improvement of programs to limit the amount of solid waste actually disposed at the landfills. The County operates a number of programs in this regard, including: standard recycling (home pick-up), recycling of construction debris and corrugated cardboard, recycling of yard waste, recycling of scrap metal and white goods, tire chopping, and the Hazardous Waste Collection Facility. The policy remains relevant and should be retained. Policy 1.3.2 requires the County to "continue investigation of cost-saving methods for landfills." This Policy references the County's former landfill mining program. The County conducted two separate pilot mining programs between 1986 and 1988, after which the program was discontinued. The policy also references a methane collection program. This program has been successful. In 1997, Cells 3,4 & 6 (Phase-I) of the Naples Landfill together produced almost 1.7 million cubic feet/day of landfill gas (mostly methane and carbon dioxide, with some hydrogen sulfide and other compounds). 1.5.C.4.4 A Gas Collection System is being built in stages, as each cell is filled and closed. Seven new wells were installed in December 1998, bringing the total at the end of that year to 54 active wells. The gas flare that burns the gas produces only carbon dioxide and water vapor, with a 98% rate of destruction of the gas collected. When finished, the system will have 76 gas collection wells. Staff recommends that the EAR-based amendments include revisions to Policy 1.3.2 to remove reference to the mining program (and possibly substitute a reference to another ongoing program) and to update the reference to the methane collection program. Policy 1.3.3 requires all recycling issues to be addressed in advertised public meetings. Recommend retention of this Policy. 1.5.C.4.5 722 1.5.C.5: Brief Assessment of Successes & Shortcomings - Public Facilities Element - Natural Groundwater Aquifer Recharge Subelement A. Introduction & Background: The Natural Groundwater Aquifer Recharge Subelement contains a single Goal, which states the primary purpose of this Subelement. Goal 1 reads as follows: "The County shall identify and protect Natural Groundwater Aquifer Recharge Areas from activities that could degrade and/or contaminate the quality of groundwater." In short, the purpose of this Subelement is to identify and protect aquifer recharge areas. On April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its local comprehensive plan. On November 14, 1997, the County adopted EAR-based amendments to its plan. On December 24, 1997, the Department of Community Affairs issued a Notice and Statement of Intent to find the County's EAR-based amendments "not in compliance" as defined in Section 163.3184(1)(b), Florida Statutes. During the ensuing process, the Natural Groundwater Aquifer Recharge Sub-Element (NGARE) was revised and reorganized to better reflect the remedial actions required by the Florida Administration Commission's Final Order No. AC-99-002 on June 22, 1999. As a result, Objective 1.2 and Policies 1.2.1 through 1.2.4 of the NGARE were updated on May 9, 2000. As currently formatted, this Subelement consists entirely of a Goal (Goal 1), Objectives and Policies. As part of the EAR-based amendments, there are recommended formatting changes consisting of the addition of a brief introductory statement for the Subelement and removal of the "1" from the Goal, so that it is simply the Goal of the Subelement. Staff notes that Goal 2, Objective 2.1, and Policies 2.1.1 through 2.1.4 were deleted as part o fa previous amendment to this Subelement. B. Objectives Analysis: GENERAL ANALYSIS: The following Objectives and Policies are implemented by the Collier County Pollution Control & Prevention Department. The Objectives and Policies speak generically about groundwater protection and the identification and protection of aquifer recharge areas. However, virtually all of the Department's work is related to County potable water wellfields. Therefore, the recommendation is that all Objectives and many of the Subelement's policies be revised to reflect the emphasis on wellfields. OBJECTIVE 1.1: On a biannual basis, beginning in October 1998, review and revise (as necessary) existing map delineations of recharge areas that are most sensitive to contamination from land development and other surface activities. The review and any map revisions will be based 1.B.C.5.1 on geologic, hydrogeologic, hydrologic, and updated anathropogenic contaminant data aggregated during the previous biennium. Objective Achievement Analysis: Currently, Collier County's Pollution Control and Prevention Department uses an advanced 3-dimensional computer model to calculate Wellfield Risk Management Zones around significantly sized existing and planned potable wellfields. These Wellfield Risk Management Zones, in the form of maps, help protect potable wellfields from pollution sources. As part of the EAR-based amendments, there should be corrections to the misspelling of the word "anthropogenic". Also, adjust the wording of this policy to reflect that the required evaluations are ongoing. Policy Relevance: Policy 1.1.1 call for continual revision of the Pollution Control Department's 3-D modeling program. Policy 1.1.2 calls for continuing revision of geologic and hydrogeologic data relative to recharge areas. Policy 1.1.3 calls for the identification of "existing land uses and land use activities" that possess the "greatest potential" for contaminating groundwater. Policy 1.1.4 requires the updating of mapping criteria for recharge areas, as new information becomes available. Policy 1.1.5 references official publications of the South Florida Water Management District (SFWMD) relative to the Surficial and Lower Tamiami Aquifers. Staff recommends that these references be updated, if possible, to reflect newer information (the referenced documents were published in 1995). No recommended changes to these policies. OBJECTIVE 1.2: Ground water quality shall meet all applicable Federal and State water quality standards. Objective Achievement Analysis: Collier County has implemented numerous proactive programs designed to protect Collier County's ground water quality from man-made pollution sources. In addition, Collier County has also developed programs designed to respond to pollution releases into the environment. Finally, the Collier County Pollution Control & Prevention Department has developed strong working relationships with the Florida Department of Environmental Protection, Collier County Health Department, South Florida Water Management District, Big Cypress Basin Board and the Florida Department of Agriculture and Consumer Services that enhance the County's ability to effectively coordinate efforts to meet this objective. Therefore, it is recommended to retain this Objective as written, except for revisions implement the general recommendation stated above. 1.5.C.5.2 Policy Relevance: There are five policies within this Objective. Policy 1.2.1 prohibits discharges to sinkholes. Policy 1.2.2 deals with protection of groundwater recharge and references the SFWMD's "Basis of Review." Recommendation is to update this policy to reference a more recent version of the referenced document (the current reference is 1999), if such is available. Policy 1.2.3 incorporates the set of wellhead protection standards contained in Policy 3.1.1 of the Conservation and Coastal Management Element (CCME). Policy 1.2.4 requires the County's Rural and Agricultural Area Assessment to consider groundwater recharge characteristics. As the Assessment has been completed and Growth Management Plan Amendments adopted, staff recommends deletion of this Policy. Policy 1.2.5 requires the County to adopt more stringent groundwater recharge standards within two years of the adoption of such standards by the Water Management District. As this policy is generic, recommend that it be retained as is. OBJECTIVE 1.3: Continue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyze concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Objective Achievement Analysis: The above Objective requires Collier County to collect and analyze groundwater quality data for comparison to State Standards, and to be able to provide information on analysis results to all interested parties. This Objective should be retained as worded. Policy Relevance: Policy 1.3.1 requires continuation of County water quality monitoring efforts. Policy 1.3.2 requires coordination of data analysis with relevant State and Federal agencies. Policy 1.3.3 requires that monitoring data be reviewed on an annual basis, in order to determine whether County water quality monitoring activities require expansion. Staff does not recommend any changes to these policies. Policy 1.3.4 requires refinement of the County's three-dimensional groundwater model. Staff recommends that this policy be revised to reflect the ongoing nature of this activity. Policy 1.3.5 requires the creation (by 1997) of a local interagency groundwater resources planning group. This policy should be retained with a change to the date. OBJECTIVE: 1.4: Continue current activities of providing the public with educational materials concerning ground water protection issues in Collier County via annual technical publications of ground water quality data collected, general information publications, speakers' bureau presentations, K-12 classroom presentations, and in-service teacher workshops and seminars. 1.5.C.5.3 Obiective Achievement Analysis: This Objective requires continuation of County public educational activities with regard to groundwater quality information. The Pollution Control & Prevention Department maintains a website, which provides information related to some of the referenced issues. This Objective should be revised to include reference to the website. The Objective and its policies should also be revised to address any new media outlets or educational venues that may have been developed, or new programs that have been created, since the Objective was adopted. Policy Relevance: Policy 1.4.1 requires the County to advise the public on disposal of hazardous wastes. Policy 1.4.2 requires the County to prepare readily understandable (i.e., non-technical) public information on groundwater issues. These policies should be revised to include reference to the website. The policies should also be revised to address any new media outlets or educational venues that may have been developed, or new programs that have been created, since the policies were adopted. OBJECTIVE: 1.5: The County will implement existing plans to preserve critical ground water recharge areas and ground water resources, and on a biennial schedule, beginning in October 1988, review, evaluate, and revise (if warranted) those plans and actions, based on geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Objective Achievement Analysis: This Objective should be revised to demonstrate that these activities are ongoing. Policy Relevance: There are five policies within this Objective, all of which deal with various aspects of identifying and protecting critical areas. However, Policies 1.5.4 (petroleum storage tank cleanup program) and 1.5.5 (Small Quantity Hazardous Waste Generators) reference a deadline of October 1, 1997. As the County has established these two programs, the policies should be revised to reflect that these tasks are ongoing. 1.5.C.5.4 1.5.D: Brief Assessment of Successes & Shortcomings - 1997 Housing Element A. Stated Obiective Collier County has been striving toward the stated goal of its Housing Element, "To create an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County." In fact, most of the Goals, Objectives and Polices of the Housing Element in the Growth Management Plan have been met or completed. Unit production has outpaced the County's objective of creating 500 new affordable housing units each year. Recent years have actually seen this objective tripled and quadrupled. However, the 500-unit per year target was established many years ago, before the County had reliable need assessment data on which to base the goal. Also at issue is when to count a dwelling unit as produced or completed (i.e. zoning approval; Site Development Plan approval; Building permit issuance; Certificate of Occupancy; etc.). The County presently has a varied system of indicators including zoning approval for Planned Unit Developments and building permit issuances for individual unit sites. This system has the potential to double count a unit, as it may be several years between the actual zoning approval and the issuance of building permit. The County's goal of 500 new units each year does not differentiate between owner occupied and rental units. However, the number for each type may vary greatly. Using the most accurate and up to date housing data available from the State through the University of Florida Shimberg Center, it is evident that the 500 units per year target is out of line with actual demand. The most recent Needs Assessment from the Shimberg Center (2002) confirms that Collier County is 28,430 units short of providing affordable housing to all of its current residents. This means that 28,430 current residents are cost burdened and spending more than thirty percent of their gross monthly income on housing expenses. This deficit is divided with roughly one-third rental and two-thirds owner-occupied housing. Furthermore, this figure only represents those households currently residing in Collier County; it does not take into account the individuals who may work in the county but are unable to afford housing and forced to commute from neighboring counties. The construction industry in Collier County remains very strong. In the year 2001, the county issued building permits for 8,500 residential units. In the same year, the mean sales price of a single family home soared to $337,614, one of the highest in the state. Utilizing current lending guidelines, a household would need to earn over $100,000 per year to afford the average home in Collier County. The county's currant Land Development Code and other planning regulations are clearly producing, if not favoring, the development of housing that is unaffordable to the average working citizen. The 500-unit per year objective is not sufficient to meet current demand. The Workforce Housing Advisory Taskforce recommended certain modifications and changes in both the County's Growth Management Plan and Land Development Code to encourage and entice the private sector to produce more affordable housing dwelling units each year. Among these changes is the concept of affordable housing densities "by right." Extremely high land costs, coupled with the relatively limited supply of available and buildable land in Collier County, make efficient utilization, optimization and availability of density a top priority. The Workforce Housing Advisory Taskforce suggested that the provision of affordable housing should be a permitted use by right in every zoning designation throughout the county. According to the Taskforce, affordable housing should be elevated to the level of an "essential public service" and therefore not need any further approvals or designations in order to be built anywhere in the county. Staff is aware of the Taskforce recommendations and will review the suggestions of the Taskforce and evaluate the ramifications of such statutory amendments. The County's current density bonus program, while highly successful at producing affordable multi-family rental units in the 50 to 60% of median income range with developments built at gross densities of 10 to14 units per acre, falls short when applied to owner-occupied, single-family developments for households in the 60% to 80% range of area median income. County staff is also addressing another potential deficiency of the affordable housing density bonus program: The administrative and planning process. An applicant often encounters a time consuming and onerous procedure in an effort to acquire all of the necessary recommendations and approvals for the affordable housing density bonus. Planning staff will evaluate the current administrative process and, if necessary, work with various other departments to streamline the system and make it more attractive to developers seeking an affordable housing density bonus when generating housing opportunities in the county. These two factors, along with the affordable housing density bonus program being restricted to the Urban Area (as designated on the Future Land Use Map), will be examined in an effort to promote affordable housing throughout the county. The County's focus in trying to bring affordable housing production numbers in line with actual demand will be to achieve an automatic density bonus program for developers of affordable housing throughout the county. This will be done in an effort to remove politics and negative perceptions from a sound planning process that recognizes an overwhelming need for affordable housing. Differing levels of the automatic density bonus will be developed for existing zoning designations as well as income levels served and unit types built. 1.5.D.2 - The Taskforce also proposed a "Modified Universal Linkage Fee Program" in hopes of connecting commercial, industrial and residential development to the affordable housing needs that they themselves create. The program would establish a fee based upon square footage paid by the developers who do not adequately address their own affordable housing needs. Prior to the establishment of the linkage fee program, changes to the County's Growth Management Plan and Land Development Code will be considered in order to provide developers the opportunity to provide affordable housing dwelling units without detracting or diminishing their designed uses. Developers not wishing to provide the affordable units could then be subject to the linkage fee. Proceeds from the linkage fee could be used to further the Goals, Objectives, and Policies of the Collier County Housing Element. Assisting in these efforts will be key partners in both the public and private sectors including: the newly formed Collier County Housing Development Corporation, the Collier County Economic Development Council and the Collier County Affordable Housing Commission. These potential actions are major steps in closing the affordability gap in Collier County and bringing the goal of the Housing Element, "To create an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County," to reality. Objective Analysis The Housing Element consists of one Goal: TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. The EAR-based amendments will reflect no changes to this Goal. Objective 1: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all cnrrent and future very-low, low and moderate income residents of the County, including those households with special needs such as rural and farmworker housing in rural Collier County. Objective Achievement Analysis: The primary purpose of this Objective is to ensure the creation of affordable housing units. An EAR-based amendment will address this objective in order to utilize updated 1.5.D.3 data and incorporate the recommendations of the Workforce Housing Advisory Taskforce. Policy Relevance: Objective I contains four joint City/County policies. The County recognizes that minor changes will be made to coincide with the updated EAR-based amendment to the Objective. Objective 2: By 2000, create a non-profit housing development corporation, formed with a cross section of representatives from business, government, housing advocates, and the community at large, which will assist the City and County in achieving a new goal of 500 dwelling units per year for very-low, low and moderate income residents of Collier County. Objective Achievement Analysis: The creation of the nonprofit Collier County Housing Development Corporation ensures that this Objective will most likely be deleted or seriously altered through an EAR-based amendment. Policy Relevance: This Objective contains seven joint City/County policies that will also most likely be deleted or seriously altered. Objective 3: By 2000, increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including strategies such as Down Payment/Closing Cost Assistance, Rehabilitation and Emergency Repair, Demolition with New Construction, and Impact Fee Waivers or Deferrals. Objective Achievement Analysis' Date changes and small modifications will be made to this Objective through an EAR- based amendment. Policy Relevance: This objective contains three oint City/County policies and one County policy. The lone County policy references CDBG funding that is not relevant to the Cit.,,, of Naples. The 1.5.D.4 County is likely to amend Policy 3.3 to eliminate the reference the 5% leveraging of dollars as aforementioned in Section A. Objective 4: By 2000, the County and City will conduct a comprehensive housing survey to identify substandard dwelling units. Through continued enforcement of each jurisdiction housing codes, and the provision of housing programs, the number of substandard units associated with a lack of plumbing and/or kitchen facilities throughout the County shall be reduced by 5% per year through rehabilitation or demolition. Objective Achievement Analysis: A comprehensive housing study is underway in the County. As a result, this Objective will likely be deleted through an EAR-based amendment. The ongoing survey, however, will address the substandard housing units and the County will continue to rehabilitate and demolish those units deemed substandard. Policy Relevance: This Objective contains five joint City/County policies and two County policies. The joint policies will likely be amended along with the Objective. County Policies 4.6 and 4.7 will be modified and likely moved to another location within the Element through an EAR-based amendment in an effort to provide updated information regarding the Immokalee area. Objective 5: Collier County and the City of Naples will annually monitor all identified historically significant structures to determine that these structures are being conserved, maintained, and/or rehabilitated. Objective Achievement Analysis: This Objective will likely remain as worded. Policy Relevance: The two joint City/County policies are likely to remain. achieved and is also an ongoing activity for the County. accordingly. Objective 6: Policy 5.2, however, has been This policy will be changed 1.5.D.5 By 1999, the County and City will ensure that local land development regulations are in compliance with State and Federal regulations regarding group homes and foster care facilities locations. Objective Achievement Analysis: The County achieved this Objective and continues to monitor all related state and federal regulations. A new date will likely be included as part of an EAR-based amendment. Policy Relevance: The four joint City/County policies are likely to remain as currently worded. Objective 7: Although mobile home parks currently exist within Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, any new mobile home parks will be restricted to areas outside of the Urban Coastal Fringe. Objective Achievement Analysis: The County forbids new mobile home parks within the Urban Coastal Fringe. This Objective will likely be preserved. Policy Relevance: The sole County policy will also likely be preserved. Objective 8: The number of new and rehabilitated units shall increase by 50 units per year to address those households with special needs such as rural and farrnworker housing in rural Collier County. Objective Achievement Analysis: The County is committed to the creation and preservation of farmworker housing for rural parts of the County. This Objective is likely to be preserved. Policy Relevance: This Objective contains six County policies that are likely to remain unchanged. 1.5.D.6 1.5.E A Brief Assessment of Success and Shortcomings related to the Recreation and Open Space Element A. Introduction & Background: The Recreation and Open Space Element contains three Goals, which are based upon a three-prong approach: Goal 1 reads as follows: "PROVIDE SUFFICIENT PARKS, RECREATION FACILITIES AND OPEN SPACE AREAS TO MEET THE NEEDS OF RESIDENTS AND VISITORS OF COLLIER COUNTY." Goal 2 reads as follows: "THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESDENTS WITHIN THE COMMUNITY." Goal 3 reads as follows: "THE COUNTY SHALL DEVELOP A COMMUNITY AND REGIONAL PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY." The Recreation and Open Space Element was recently updated by Ordinance No. 2003- 67, adopted on December 16, 2003. As currently formatted, this Element consists of the original Goal (Goal 1), and two new Goals (2 & 3) that were included in Ordinance No. 2003-67. Each Goal is followed by relevant Objectives and Policies, including the addition of a new Objective 1.6. As part of the EAR-based amendments, formatting changes consisting of the addition of a brief introductory statement will be added to this Element. Objective 1.1: Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County, other governmental bodies and the private sector. Objective Achievement Analysis: For each Annual Update and Inventory Report (AUIR) between 1996-2002, Collier County has maintained an average six-year surp/its of 81.1 acres of community parklands and 1,4l 1.7 acres of regional parklands, respectively. Furthermore, the average six-year value/cost for community parks and regional parks was S3,686,480 and $32,117,800, 1.5.E. 1 7.2 respectively. Collier County continues to provide a coordinated system of community and regional parks to its residents and visitors. Staff has identified no issues with regard to this objective. However, some of the Objective's enabling policies (see below) should be revised. Policy Relevance: Policy 1.1.1 adopts Level of Service (LOS) Standards for park acreage, which standards are also reflected in the Capital Improvement Element. However, the reference to $179.00 per capita of population in part (c) of this Policy will be changed to $240.00. This amendment would reflect a change adopted by the Board of County Commissioners in 2001. Policy 1.1.2 states that the County should "encourage the continuation and expanded use of public school and other public and private facilities by the general public to maximize the benefit from available facilities." Policy 1.1.3 states that the County should, "ensure that economically disadvantaged individuals will not be restricted from any participation due to financial hardships." Policy 1.1.4 requires that the County, "acquire suitable lands for new park sites in areas where major population growth is expected." Policy 1.1.5 requires that the County, "continue to correct or improve existing parks and recreation facilities deficiencies which are necessary in order to meet the level of service standards." Policy 1.1.6 requires that, "the County shall continue to establish and implement a program with appropriate criteria to designate or acquire open space areas and natural reservations." Policies 1.1.2 through 1.1.6 should be retained. Objective 1.2: Protect designated recreation sites and open space from incompatible land uses through development of appropriate design criteria and land use regulations. Obiective Achievement Analysis: Staff has identified no issues with this objective or its enabling policies. Therefore, this objective and its enabling policies continue to be relevant and therefore should be retained. Policy Relevance: Policy 1.2.1 requires that the County, "continue to update land development regulations outlining specific definitions and standards applying to recreation and open space land provisions for natural reservations and open space. This policy should be retained." Policy 1.2.2 requires that the County, "continue to rezone all County owned recreation sites and open space under appropriate recreation rezoning." This policy should be clarified as to whether "Recreation" is intended to be an actual, official zoning designation within the County's Land Development Code. 1.5.E.2 Objective 1.3: Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. Objective Achievement Analysis: The Collier County Growth Management Plan outlines level of service standards (LOSS) for parkland in three categories: facilities value, community park acreage, and regional park acreage. Beaches, beach parking, and boating access acreage are currently included in the regional park acreage measure for purposes of comprehensive plan concurrency. The 2001 Annual Update and Inventory Report projects satisfaction of regional park acreage LOSS through 2009 based on acreage acquisitions planned in the Capital Improvement Element through 2004. Therefore, this objective continues to be relevant and should be retained. However, some of its enabling policies (see below) need to be revised. Policy Relevance: Policy 1.3.1 requires that, "all public developed recreation facilities shall have, where appropriate, automobile, bicycle or pedestrian access facilities." This sentence should be rewritten to clearly define what is entailed by the phrase "all public developed recreation facilities" and to change "where appropriate" to "where appropriate and economically feasible." Policy 1.3.2 requires that that County, "continue to ensure that access to beaches, shores and waterways remain available to the public and develop a program to the availability of such access and a method to fund its acquisition. The EAR-based amendments should include a rewording of this policy for purposes of clarity. Objective 1.4: Continue formal mechanism to improve and coordinate efforts among levels of government and the private sector in order to provide recreational opportunities. Objective Achievement Analysis: Staff has identified no issues with regard to this Objective. Therefore, this objective and its enabling policies continue to be relevant and should be retained. Policy Relevance: Policy 1.4.1 requires that the County "maintain and improve the existing system by encouraging developers to provide recreation sites and/or facilities, which are consistent with park and recreation guidelines." This policy should be rewritten to tie the "existing system's" success or failure to the LOSS benchmarks as adopted in the County's Capital Improvement Element, Category A, parks and recreation. Policy 1.4.2 requires that the County "continue to develop and implement a formal program for coordinating County programs with other government agencies." Collier County has identified two potential changes with regard to this Policy: 1.) This policy should be rewritten to explain what the reference to "development and implementation of a formal program with other governmental agencies" means 2. ) The policy should include a complete listing of all of the other governmental agencies (local, state, regional and federal) with which the County must coordinate. Objective 1.5: Continue to operate existing program for enforcing existing future developer commitments for recreation facilities and open space. Objective Achievement Analysis: This Objective is written in an overly complex manner and should therefore be revised for purposes of clarity. Otherwise, this Objective and its two enabling policies (see below) should be retained. Policy Relevance: Policy 1.5.1 requires that the County "continue to inventory new developer recreational facilities commitments as approved. This inventory will be updated on an annual basis." Policy 1.5.2 requires that the County "continue to enforce commitments of developers for recreation facilities and open spaces through appropriate actions of County agencies." These two enabling policies should be retained. Objective 1.6: Whenever possible and practical, utilize County owned property for recreational uses. Objective Achievement Analysis: This is a new ObJective, adopted on December 16, 2003. Therefore, the Objective should be retained as written. Policy Relevance: Policy 1.6.1 states that the County should "continue to coordinate inventory of properties with appropriate County and State agencies to determine availability for recreation uses." This policy will be retained. Objective 2.1: By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood parks. 1.5.E.4 Objective Achievement Analysis: This is a new Objective, adopted on December 16, 2003. Therefore, the Objective will be retained as written. Policy Relevance: Policy 2.1.1 requires that, "by the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood parks." This policy will be retained as written. Policy 2.1.2 states that, the County shall amend the Land Development Code to include a new definition of useable open space that will provide for an open space area to be used as a neighborhood park for the recreational needs of the surrounding area." This policy should be clarified, "where economically feasible" is added to the end of this policy. Policy 2.1.3 requires that, "new neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED). Neighborhood parks may also be co-located with churches, schools, or other recreational facilities." This policy should be clarified, "where economically feasible" is added to both portions of this policy. Policy 2.1.4 requires that the County shall investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of neighborhood parks. This policy should be retained. Policy 2.1.5 requires that, "the County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites." This policy will be retained as written. Objective 3.1: By the year 2010, the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban Designated Areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). This plan will include the identification of future community and regional park sites (or general areas), park improvements, cost estimates, and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Objective Achievement Analysis' This is a new Objective, adopted on December 16, 2003. Therefore, the Objective will be retained as written. Policy Relevance: Policy 3.1.1 requires that, "the Parks and Recreation Department will continue to acquire land to meet the needs of the Community and Regional Park Plan, including sufficient land to allow for a portion of these sites to remain in passive open space." Policy 3.1.2 requires that, "the Parks and Recreation Department will design and construct the new community and regional parks." Policy 3.1.3 states that, "the County shall continue to partner with the Collier County Public Schools to co-locate parks in conjunction with new school sites as they are identified and developed." Policy 3.1.4 requires, "the County to continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and regional parks." Policy 3.1.5 states that the "County shall investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of community and regional parks." Policies 3.1.1 through 3.1.5 will be retained as written. Policy 3.1.6 states that, "the County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. The wording of this policy is exactly the same as that of Policy 2.1.5 (see above). Therefore, Policy 3.1.6 should be deleted, as unnecessarily duplicative. Policy 3.1.7 states that "by the year 2010, the County's Parks and Recreation Department and the Transportation Operations Department will investigate the utilization of the existing canal and power line easements to create a greenway system throughout the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee)." Policy 3.1.7 should be retained as written. 1.5.E.6 1.5.F A Brief Assessment of the Success, Shortcomings and Recommendations related to the Conservation and Coastal Management Element A. Introduction and Background On April 6, 1996, Collier County (County) adopted an Evaluation and Appraisal Report (EAR) for its local comprehensive plan. On November 14, 1997, the County adopted EAR-based amendments to its plan. On December 24, 1997, the Department of Community Affairs (Department) issued its Notice and Statement of Intent to find the County's EAR-based amendments not "in compliance" as defined in Section 163.3184(1)(b), Florida Statutes. During the ensuing process, the Coastal Management Element was revised and reorganized to better reflect the remedial actions required by the State of Florida Administration Commission's Final Order No. AC-99-002 issued on June 22, 1999. As a result, certain objectives and policies of the Conservation and Coastal Management Element were updated. In fulfilling all of the remedial actions stipulated the State of Florida Administration Commission's Final Order No. AC-99-002, the Comprehensive Planning Department will only focus upon policy implementation assessment per direction from designated personal with administrative responsibilities in preparation of this Section of the Evaluation & Appraisal Report (EAR) involved coordination between Comprehensive Planning staff and the following departments: the Collier County's Collier County Public Utilities Division, the Collier County's Collier County Emergency Management Department and the Collier County's Collier County Environmental Services Department. As currently formatted, this Element consists of three separate components~ based upon the specific regulatory responsibilities assigned to the above-referenced agencies. As part of the EAR-based amendments, Collier County is recommending the addition of a brief introductory statement for this Element. B. Objective Analysis: Objective 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. 1.5.F.1 Objective Achievement Analysis: This deadline has been met by the Collier County Environmental Services Department. The Department operates the program described in the Objective. Collier County recommends that the text of this objective be revised to indicate that the deadline has been met. Policy Relevance: Policy 1.1.1 requires the County to appoint, and establish operational procedures for= a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. This Policy needs to be revised to reflect the existence of the County's Environmental Advisory Committee (EAC) and that the name of the County Program has been changed to the Environmental Services Department~ Policy 1.1.2 mandates the adoption of land development regulations, pursuant to Chapter 163.3202, F.S= that incorporate the goals, objectives, and policies contained within this Element. As this has been accomplished, Collier County recommends that the EAR- based amendments include a revision to this policy to reflect current conditions. Policy 1.1.3 requires the County to establish an Environmental Resources Management Program by January 1, 1990. Collier County recommends that this Policy be revised to reflect the existence of the current program. Policy 1.1.4 requires the County to ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. This Policy needs to be revised to reflect that the name of the County Program has been changed to the Environmental Services Department. Policy 1.1.5 requires the County to avoid unnecessary duplication of' effort and continue coordination and cooperation with private organizations and Regional, State, and Federal agencies. Collier County recommends that "organizations" be clarified to refer to conservation organizations. Policy 1.1.6 requires that the County develop a conservation program that will equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. Collier County recommends that the EAR-based amendments include a revision to this policy indicating that such a program is in operation. Policy 1.1.7 requires the County to annually implement revisions to its natural resources management and environmental protection standards and criteria as used in the Collier County land development review process. Collier County notes that the wording of the current policy is overly convoluted, and therefore recommends that the policy be revised for clarity. 1.5.F.2 Policy 1.1.8 is a repeat of Policy 1.1.7. Therefore, Collier County recommends that this policy be deleted. Objective 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Objective Achievement Analysis: The Collier County Environmental Services Department has incorporated a robust, GIS- based system (ESRI's ArcGIS) that is an integrated, computer-based environmental resources data storage, analysis, and graphics system, which can annually update the County's database(s) based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Therefore, Collier County recommends that this Objective be retained as written. Policy Relevance: Policy 1.2.1 requires that the County Environmental Services Department's GIS-based system be able to incorporate geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. This has been accomplished. Therefore, Collier County recommends that this policy be retained as written. Policy 1.2.2 requires that the County coordinate data gathering with Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. This is an ongoing task. Therefore, Collier County recommends that this Policy be retained as written. Policy 1.2.3 requires the County to collect and compile data that will be organized by established watershed and sub-basin units. The County database is organized in such a fashion. Therefore, Collier County recommends that this Policy be retained as written. Policy 1.2.4 requires that the County make readily available to both public and private entities environmental resources data for the purpose of improving local environmental resources planning and management. The County's enviromnental database contains information that is available upon request, subject to fees that cover staff time and resources needed to produce the requested information. Therefore, Collier County recommends that this policy be retained as written. Policy 1.2.5 requires that its GIS-based system be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. All the 1.5.F.3 policies under Objective 1.2 were reviewed for continued relevance and were deemed relevant. Therefore, all of the enabling policies will be retained. OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC-99-002 dated June 22, 1999, the County has completed the phased delineation, data gathering, management guidelines and implementation of the Natural Resources Protection Area (NRPA) program as part of the required Collier County Rural and Agricultural Assessment. Through this Assessment, the County has determined that the NRPA program is not the only mechanism to protect significant environmental systems. Accordingly, within the Rural Lands Stewardship Area Overlay in the Future Land Use Element, the County has delineated Stewardship Sending Areas that will function to protect large environmental systems. Pursuant to the following policies, the County shall protect identified environmental systems through the NRPA and Rural Lands Stewardship programs. Objective Achievement Analysis: This Objective originally contained information and policies relative to the NRPA program. During 2002, the Objective was amended to include reference to the Rural Lands Stewardship Area Overlay. Therefore, this objective continues to be relevant and should be retained. Policy Relevance: Policy 1.3.1 requires the County to establish Natural Resources Protection Areas to direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The Policy also provides information regarding the relationship of the NRPAs to the Rural and Agricultural Area Assessment. Currently, there is also a note at the beginning of the Policy that explains that Final Order AC-99- 002 is no longer in effect. Collier County recommends that this Policy be retained as currently written, but that the explanatory note should be removed. Policy 1.3.2 establishes the purpose and description of the Rural Lands Stewardship Stewardship Area (RLSA) Overlay and creates the stewardship credit system as the means for diverting development away from Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs). Collier County recommends that this Policy be retained as currently written. Policy 1.3.3 requires continuation of the County's continued management guidelines for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Collier County recommends that this Policy be retained as currently written. 1.5.F.4 Policy 1.3.4 requires that the County be guided by a Technical Advisory Committee in designating and adopting management guidelines and performance standards for County Natural Resource Protection Areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Collier County recommends that this Policy be retained as currently written. Policy 1.3.5 requires that implementation of the NRPA program be coordinated with the preparation and implementation of watershed and sub-basin management plans. Collier County recommends that this Policy be retained as currently written. OBJECTIVE 2.1: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems. Objective Achievement Analysis: The deadline for this objective has not been met. Collier County's Stormwater Management Department is currently working on development of the Gordon River Extension Basin Master Plan, which should be completed in 2005. The Urban Immokalee Basin and the Belle Meade Basin master plans are in the process of getting started and are scheduled for completion in mid-2005. The current estimate for completion for each of these watershed basins is based upon conceptual permitting, which is estimated to take one to two years. Therefore, Collier County recommends that the above Objective be retained, but with a change to the project deadline. Policy Relevance: Policy 2.1.1 stipulates that the above-referenced Watershed Management Plans evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Collier County is of the opinion that this Policy remains relevant and, therefore should be retained as written. Policy 2.1.2 requires Watershed Master Plans to provide for various tasks such as monitoring land-disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Collier County is of the opinion that this Policy remains relevant and, therefore should be retained as written. Policy 2.1.3 requires that the Watershed Master Plans evaluate structural and non- structural controls for restoring historical hydro-periods in impacted watersheds and reducing the impacts of canal and stormwater discharges to estuaries. Collier County is of the opinion that this Policy remains relevant and, therefore should be retained as written. 1.5.F.5 Policy 2.1.4 requires that all Watershed Management Plans should address eight specific ecological concepts. Collier County is of the opinion that this Policy remains relevant and, therefore should be retained as written. Policy 2.1.5 recommends, as appropriate, the integration of environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. As part of the EAR-based amendments, Collier County is recommending that the intent of this policy be clarified. Policy 2.1.6 promotes intergovernmental cooperation between Collier County and the municipalities of Naples and Everglades City for consistent watershed management planning. Collier County recommends that this policy be revised to include the City of Marco Island, which became incorporated in October 1997. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Objective Achievement Analysis: Collier County's monitors i-t-s water quality through the collection and evaluation of ground water and surface water samples. Approximately 50 locations are monitored monthly for the purpose of establishing trend data. Data is posted on a Water Quality Website. This objective continues to be relevant and should be retained. Policy Relevance: Policy 2.2.1 bans wastewater treatment plants from discharging directly into rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Collier County recommends that this policy be updated to reflect the updated name of the State of Florida's environmental regulatory agency - the Florida Department of Environmental Protection. Policy 2.2.2 limits the specific and cumulative impacts of stormwater mn-ofL Collier County recommends that this Policy be retained as written. Policy 2.2.3 requires that chemical spraying for aquatic weed control should be conducted with extreme caution and encourages the use of biological and mechanical controls. Collier County does not recommend any changes to this Policy. Policy 2.24 requires the continuation and expansion of the County's water quality sampling program, Collier County recommends that this Policy be retained as writtem 1.5.F.6 Policy 2.2.5 requires that the County identify by December 31, 1998, stormwater management systems that are not meeting State water quality treatment standards. Collier County recommends that this policy be updated to reflect the County's identification of such systems, as well as any needed guidance from the FDEP in proceeding forward. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Objective Achievement Analysis: Collier County monitors its water quality through the collection and evaluation of ground water and surface water samples. Approximately 50 locations are monitored monthly for the purpose of establishing trend data. Data is posted on a Water Quality Websiteo Collier County Comprehensive Planning Department believes that this objective continues to be relevant and therefore should be retained. Policy Relevance: Policy 2.3.1 requires that no new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Collier County enforces State and Federal environmental and health criteria relative to point source discharges. Collier County recommends that this Policy be retained as written. Policy 2.3.2 requires that Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Collier County recommends that this Policy be retained as written. Policy 2.3.3 requires that any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. This Policy is written in a confusing manner and therefore Collier County recommends that the EAR- based amendments include revision of Policy 2.3.3 in the interest of clarity. Policy 2.3.4 requires the County to continue implementation of an estuarine water quality and sediment quality-sampling program. The County conducts this type of sampling as part of its ongoing monitoring programs. Collier County recommends that this Policy be retained as written. Policy 2.3.5 requires the County to continue to coordinate with the City of Naples regarding cooperative planning, lnanagement, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. Collier County recommends that this Policy be retained as written° 1.5.F.7 Policy 2.3.6 requires the continual restriction of development activities, which could adversely impact coastal water resources. Collier County recommends that this policy be revised to cross-reference the Future Land Use Element's Urban Designation, Urban Coastal Fringe Subdistrict, which allows a maximum density of 4 dwelling units/acre. OBJECTIVE 2.4: By June 30, 1998, complete a draft agreement with the Florida Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The agreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Objective Achievement Analysis: Collier County recommends that this objective be revised to reflect both the removal of the deadline and revision of the language to recognize that the County is taking a continued coordinated and cooperative approach with the Florida Department of Environmental Protection regarding planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. Policy Relevance: Policy 2.4.1 requires at a minimum the County shall notify the Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2 requires the County to request that the Department of Environmental Protection staff participate in the development of future coastal and watershed management plans. Policy 2.4.3 requires that the County request the cooperation of the Department of Environmental Protection in gathering data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves° Collier County recommends that all of these enabling polices be retained. OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. 1.5.F.8 Objective Achievement Analysis: The referenced criteria are part of the County's Land Development Regulations and are addressed within the development review process. Therefore, Collier County believes that this objective continues to be relevant and therefore should be retained. Policy Relevance: Policy 2.5.1 requires that the County identify land use activities that have the potential to degrade estuarine environmental quality. Policy 2.5.2 requires that this management program incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5.3 requires that this program be based in part on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. Collier County recommends that all of these enabling polices be retained. OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards by January 2002 and shall be maintained thereafter. Objective Achievement Analysis: Collier County has implemented numerous proactive programs designed to protect Collier County's ground water quality from man-made pollution sources. Collier County has also developed programs designed to respond to pollution releases into the environment. Finally, the Collier County Pollution Control & Prevention Department has developed strong working relationships with the Florida Department of Environmental Protection, Collier County Health Department, South Florida Water Management District, Big Cypress Basin Board and the Department of Agriculture and Consumer Services that enhance the County's ability to effectively coordinate efforts to meet this objective. Therefore, Collier County Comprehensive Planning Department believes that this objective continues to be relevant and therefore should be retained. Policy Relevance: There is one (1) policy within this Objective~ Policy 3.1.1 contains criteria for the identification of wellhead protection areas within the County's Future Land Use Map Series. In particular, Policy 3.1. l(j) requires all on-site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W-l, W-2, and W-3 to meet all construction and operating standards contained in 64E-10, F.A.C. as the rule existed on August 31, 1999 and to implement a ground water monitoring plan. Collier County recommends new language be 1.5.F.9 added to this portion of the policy to remove the referenced date and require compliance with the standards as set forth under 64E-10 F.A.C and that these new standards shall be implemented in the County's overall groundwater monitoring plan. OBJECTIVE 3.2: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. Objective Achievement Analysis: The Collier County Engineering Services Department works with staff from the Health Department and South Florida Water Management District in maintaining up-to-date constructions standards for wells within the County. This objective continues to be relevant and should be retained. Policy Relevance: There are five policies within this Objective. Policy 3.2.1 requires that County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County inspect the drilling and grouting process of all types of wells drilled in the County. This Policy is implemented through the County's Engineering Services Department, which has a well-drilling inspection program. Collier County recommends that this Policy be retained as written. Policies 3.2.2 requires that the County implement the South Florida Water Management District's well construction standards within the Collier County Well Construction. This Policy is implemented through the County's Engineering Services Department, which has a well-drilling inspection program. Collier County recommends that this Policy be retained as written. Policy 3.2.3 requires that a committee of well contractors and drillers, County staff, Health Department, and South Florida Management District staff will be established to evaluate the need for well construction standards that are specific to Collier County and reflect Collier County conditions~ The County does not possess such a Committee. Well construction standards are periodically reviewed by the County's Pollution Control Department, and any recommended revisions are considered and/or adopted by the Board of County Commissioners. Therefore, Collier County recommends that the EAR-based amendments include deletion of this Policy. Policy 3.2.4 requires that the County inform well contractors and drillers and the public on the necessity for proper well construction and hold workshops for well drillers on proper techniques for well construction in Collier Countyo Collier County recommeuds that this sentence be corrected. 1.5.F.10 Policy 3.2.5 requires that the County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. Collier County recommends that this policy be retained. OBJECTIVE 3.3: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. An update to the 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields was completed March 2, 2003. This model will be used to update Wellfield Risk Management Zones located around Municipal Water Supply Wellfields; in accordance with Collier County's Land Development Code, Section 3.16 "Groundwater Protection. This objective continues to be relevant and should be retained. Policy Relevance: Policy 3.3.1 requires the County to maintain and refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Collier County recommends that this policy be retained. Policy 3.3.2 requires the County to use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands." Collier County recommends that this policy be updated to maintain and refine a new 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields along with demarcating areas that are "environmentally sensitive," In terms of consolidating similar policies, Collier County recommends that policies 3.3.2 and 3.3.4 be merged together. Policy 3.3.3 requires the County to continue to identity and delineate existing land uses that possess the greatest potential for well field contamination. OBJECTIVE 3.4 Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on 1.5.F.11 previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Objective Achievement Analysis: Collier County Environmental Services Department has incorporated a robust, GIS-based system (ESRI's ArcGIS) that is an integrated, computer-based environmental resources data storage, analysis, and graphics system, which can annually update the County's database(s) based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy Relevance: Policy 3.4.1 requires the County to continue the existing water quality-monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2 recommends that the County coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3 recommends that the County assess its own data annually to determine whether monitoring activities and County Ordinances requires the expansion, modification or reduction. Policy 3.4.4 recommends that the County gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. OBJECTIVE 4.2: Collect and evaluate data and information designed to more accurately determine water usage in Collier County, such as the County's database tracking all permitted wells and wells having consumptive use permits. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. This objective continues to be relevant and should be retained. This objective should be rewritten to specifically reference Collier County's Water-Sewer District, holistically, as the sole governmental authority in assessing water usage in this County. This Objective and many of its enabling policies should be revised to reflect this emphasis. 1.5.F.12 Policy Relevance: Policy 4.2.1 recommends that the County continue to cooperate with the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Collier County recommends that this policy be retained. Policy 4.2.2 recommends that the County negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Collier County recommends that this policy be revised due to Collier County's Public Utilities and Energy Department's limited capacity to provide treated wastewater to all of the golf courses within the County. Policy 4.2.3 recommends that the County identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4 requires the County to identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Collier County recommends that these two polices be retained. Policy 4.2.5 recommends that the County evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Collier County recommends that this policy be retained. Collier County requires that Policy 4.2.6 be removed, since it's a repeat of Policy 4.2.5. Objective 5.1 Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. This objective continues to be relevant and should be retained. 1.5.F.13 Policy Relevance: Policy 5o 1.1 states that the County shall allow mineral extraction operations as provided in the zoning code° Collier County recommends specificity as to which zoning designation "by right" allows mineral extraction operations. Policy 5.1.2 requires a water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3 states that mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Collier County recommends that these two policies be retained. Policy 5.1.4 requires that the depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits° (Also, refer to Policy 3.3.1). Collier County recommends this policy be more specific by listing the most up-to- date State administrative codes. Policy 5.1.5 requires that the mining operator be required to monitor all mining operations to determine that that they are in direct compliance with State water quality standards and that all mining activities shall stop if water quality standards are violated as a result of the mining operation. Collier County recommends that this policy have, as a default, a second tier of regulatory compliance standards, a new policy will be created to ensure that a landowner or mine operator each has the proper, required State South Florida Water Management District permits, if certain local permits are not required. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting fi'om mineral extraction activities. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. Therefore this objective continues to be relevant and should be retained. Policy Relevance: Policy 5,2~I, the Program will define reclamation standards for the protection and restoration of wildlife habitat. Collier County recommends further explanation for the following: 1. Define "Program" 27- 1.5.F.14 2. Expound upon what these reclamation standards consist of OBJECTIVE 5.3: On biennial basis, beginning in October 1998, review and refine estimates of types and quantities of existing ruinable mineral resources in Collier County, based in information collected during previous biennium. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. Collier County from Collier County's Engineering Services Department requested language for this objective that addresses all mining, including conditional uses, by right within the County as a better method to assess the types and quantities of minable mineral resources in Collier County. Therefore, Collier County recommends that this Objective and many of the enabling policies be revised to reflect the emphasis on the estimates of types and quantities of existing minable resources in Collier County. Policy Relevance: Policy 5.3.1 recommends that the County work with the Florida Depm'tment of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. Collier County recommends that this policy be revised to incorporate a GIS-based database of all areas within the County that are approved by right, including all conditional uses, that allow earth-mining operations and the allowable volume of fill that is permitted for each active earth-mining operation. OBJECTIVE 5.4 The County shall maintain its program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. Objective Achievement Analysis Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies~ Therefore, Collier County Comprehensive Planning Department believes that this objective continues to be relevant and therefore should be retained. 1.5.F.15 Policy Relevance: Policy 5.4.1 recommends that the County rely on the USDA Natural Resources Conservation Service to provide the County with appropriate soil conservation guidelines for agriculture. Collier County recommends that this policy be retained. OBJECTIVE 6.1: The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Objective achievement analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. This objective continues to be relevant and should be retained. Policy Relevance: Policy 6.1.1 specifies for all of the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural- Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Policy 6.1.2 specifies for the County's Rural Fringe Mixed Use District, as designated on the FLUM, that native vegetation shall be preserved on site through the application of various vegetation retention standards and criteria. Collier County recommends that this policy be retained. Policy 6.1.3 requires that the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, native vegetation shall be preserved pursuant to the RLSA policies found in the Future Land Use Element. Policy 6.1.4 requires that invasive exotic vegetation shall be removed from all new developments. Policy 6.1.5 stipulates that agricultural operations shall be exempt from the above preservation requirements provided that any new clearing of land for agricultm'e shall not be converted to non-agricultural development for 25 years. 1.5.F.16 Policy 6.1.6 makes all existing land uses exempt from the native vegetation retention requirements of CCME Policy 6.1.2 if the effected land uses were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. Policy 6.1.7 states that the County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation through a variety of xeriscaping techniques. Policy 6.1.8 stipulates that an Environmental Impact Statement (EIS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. Policy 6.1.9 recommends that the County shall provide for adequate staff to implement the policies supporting Objective 6.1. Collier County believes that all of these policies should be retained. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective~ Furthermore with the passage of the Rural Fringe Mixed Use District by Ordinance No. 2002-32 on June 19, 2002, this objective's deadline has been met. This objective continues to be relevant and should be retained. Policy Relevance: Policy 6.2.1 requires, as required by Florida Administrative Code 9J5-5.006(1)(b), that wetlands are identified by the 1994-1995 SFWMD hind use and land cover inventory are 1.5.F.17 mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. Policy 6.2.2 requires that wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The locations of jurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. Policy 6.2.3 requires Collier County to implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetland systems. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or through the Natural Resource Protection Areas or Sending designations in the Rural Fringe Mixed Use District. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Policy 6.2.4 requires that within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. This policy shall be implemented by various mitigation strategieso Policy 6.2.5 requires that within the Rural Fringe Mixed Use District, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2. Policy 6.2.6 stipulates that within the Urban Designation and the Rural Fringe Mixed Use District, [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. Policy 6.2.7 stipulates that within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable Jurisdictional agency. Policy 6.2.8 stipulates that for the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, wetlands shall be preserved pursuant to the RLSA Overlay policies found in the Future Land Use Element. 1.5.F.18 OBJECTIVE 6.3: The County shall protect and conserve submerged marine habitats. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. This objective continues to be relevant and should be retained. Policy Relevance: Policy 6.3.1 stipulates that the amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100 feet of shoreline where impacts to sea-grass beds are less than 100 square feet. When more than 100 square feet of sea-grass beds are impacted, then no more than 10 boat slips for every 100 feet of shoreline are allowed, Policy 6.3.2 stipulates that the impacts to sea-grass beds shall be minimized by locating boat docks more than 10 feet from existing sea-grass beds. Where this is not possible, boat docks shall be sited to impact the smallest areas of sea-grass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feel Policy 6.3.3 states that the protection of sea-grass beds shall be a factor in establishing new, or revising existing, speed zones to regulate boat traffic. Collier County is not recommending any additional changes to these policies. OBJECTIVE 6.4: The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. This objective continues to be relevant and should be retained. Policy Relevance: Policy 6.4.1 requires the County to continue to coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the 1.5.F.19 County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.4.2 requires the County to continue to meet with the appropriate Counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.4.3 requires the County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. Collier County is not recommending any additional changes to these policies. OBJECTIVE 6.5: The County shall protect natural reservations from the impact of surrounding development. For the purpose of this Objective and its related policies: natural reservations shall include only Natural Resource Protection Areas (NRPAs) and designated Conservation Lands on the Future Land Use Map; and, development shall include all projects except for permitting and construction of single-family dwelling units situated on individual lots or parcels. This Objective and its Policies shall apply only to the Rural Fringe Mixed Use district [except as noted in Policy 6.5.3]. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. This objective continues to be relevant and should be retained. Policy Relevance: Policy 6.5.1 mandates that all requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. Policy 6.5.2 stipulates specific criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations. Collier County recommends that "natural reservations" be changed to "NRPAs" to avoid any confusion. Policy 6.5.3 states that criteria contained in the County's Rural Lands Stewardship Area (RLSA) Overlay shall apply to development within the RLSA that is contiguous to natural reservations. Collier County is not recommending any additional changes to these policies. 1.5.F.20 OBJECTIVE 7.1: The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. Furthermore with the passage of the Rural Lands Stewardship Area Overlay by Ordinance No. 2002-32 on June 19, 2002, this objective's deadline has been met. Therefore, Collier County proposes to delete the objective's deadline and retain its enabling policies. Policy Relevance: Policy 7.1.1 stipulates all of the incompatible land uses that should be directed away from listed species and their habitats. Policy 7.1.2 stipulates that non-agricultural development within Collier County, excluding the lands contained in the RLSA Overlay and individual single-family residences, shall be directed away from listed species and their habitats by complying with specific guidelines and standards. Collier County recommends that this sentence be revised. Policy 7.1.3 requires that for the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, listed species shall protected pursuant to the RLSA policies found in the Future Land Use Element. Policy 7.1.4 states that all development shall comply with applicable federal and state permitting requirements regarding listed species protection. Policy 7.1.5 states that the County shall provide for adequate staff to implement the policies supporting Objective 7.1. Collier County recommends that policies 7.1.3 through 7.1.5 should be retained. OBJECTIVE 7.2: Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.1 through 7.2.4, the County's objective is to minimize the number of manatee deaths due to boat related incidents. 1.5.F.21 Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. Moreover, Collier County's Manatee Protection Plan (NR-SP-93-01), May 1995 was officially ratified into the County's Growth Management Plan on December 16, 2003 with the adoption of Ordinance 2003-67. Collier County adopted its Manatee Protection Plan (MPP) into its Land Development Code (LDC) in 1995 as Sec. 2.6.22, Manatee protection by Ordinance No. 95-58. As a brief background, the MPP has played a pivotal role in the Florida Fish and Wildlife Conservation Commission's the (FFWCC) decision- making process since it's adoption. In the eight years since the MPP was adopted, the FFWCC's Bureau of Protected Species Management's permitting staff has depended primarily upon the MPP to provide consistent direction for the siting of boat facilities within Collier County's jurisdictional waters. Moreover, the MPP lays out regulatory groundwork for also protecting the manatee's habitat, such as seagrass beds. Collier County recommends that objective be updated to reflect most up-to-date, best available data on manatee deaths and that some of its enabling policies shall reference Collier County's Manatee Protection Plan (NR-SP-93-01), May 1995. Policy Relevance: Policy 7.2.1 states that the County shall apply the marina siting criteria contained in Policy 7.1.2 (2)(h) of this element in order to direct increased boat traffic away from sensitive manatee habitats. Collier County recommends that this policy reference Collier County's Manatee Protection Plan (NR-SP-93-01), May 1995. Policy 7.2.2 stipulates that sea-grass beds shall be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element. Policy 7.2.3 states that in order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5). The County shall maintain the manatee protection speed zones that were adopted in the Collier County Manatee Protection Plan and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed. Collier County recommends that this policy reference Collier County's Manatee Protection Plan (NR-SP-93-01), May 1995. OBJECTIVE 7.3: Historical data from 1996-1999 shows that the average number of sea turtle disorientations is 5% of total nests. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. 1.5.F.22 Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. Collier County recommends that this objective be updated to reflect most up-to-date, best available data on sea turtle disorientation. However, Collier County believes that its enabling policies should be retained. Policy Relevance: Policy 7.3.1 requires the County shall apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlings from adverse lighting conditions. Policy 7.3.2 requires Collier County to conduct regular inspections to ensure coastal properties comply with proper lighting conditions and with applicable prohibitions of overnight storage of furniture and other equipment during sea turtle season (May 1 through October 30). Policy 7.3.3 requires the County to update the public awareness materials designed to inform coastal residents and visitors how they can protect sea turtles. OBJECTIVE 7.4: The County shall continue to improve marine fisheries productivity by building additional artificial reefs. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. This objective continues to be relevant and should be retained. Policy Relevance: Policy 7.4.1 states that the County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy 7.4.2 recommends that the County will coordinate its activities with the Florida Department of Environmental Protection, the Marine Extension Office and other appropriate agencies. 1.5.F.23 OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and State air quality standards. Objective Achievement Analysis: Collier County has implemented numerous proactive programs designed to protect Collier County air quality from man-made pollution sources, in addition, Collier County has also developed programs designed to respond to air pollution releases into the environment. Finally, the Collier County Pollution Control & Prevention Department has developed strong working relationships with the Florida Department of Environmental Protection, Florida Division of Forestry, or the local fire departments as appropriate to enhance the County's ability to effectively coordinate efforts to meet this objective. Therefore, Collier County's recommends retaining this Objective as written, except for revisions implement the general recommendation stated above. Policy Relevance: Policy 8.1.1 stipulates that the County will rely upon the expertise of the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments, as appropriate, under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Collier County recommends that this policy be retained. Policy 8.1.2 lays out the protocol for how the fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Collier County recommends that this policy be expanded to include local and state governmental agencies, along with including the Florida Department of Health. Policy 8.1.3 requires the local fire departments, Florida Department of Environmental Protection, and the Florida Division of Forestry to investigate and act on complaints that are called in or referred to them. Collier County recommends the addition of the Florida Department of Health be inserted into this policy. Policy 8.1.4 deals with automobile emissions in two innovative, progressive ways: Automobile emissions will be reduced by the policy of the Sheriffs Department to stop smoking vehicles and either warn or ticket the operator for the offense. Collier County recommends this policy be revised to correct the improper reference of "Sheriffs Department" to Collier County Sheriff's Office. 1.5.F.24 o The County will require a new policy requiring the bike paths or sidewalks to be added to new subdivisions and major County roadways and improvements as alternative mode of transportation. Policy 8.1.5 states that by January l, 2000, the County shall investigate the need for a more comprehensive local air quality-monitoring program. Collier County recommends that since this deadline has been met it should be removed. Moreover, Collier County recommends that new language be added to this policy to strengthen it in regards to adding an accredited local air quality program that will include ambient air quality monitoring under the direction of the Federal Environmental Protection Agency. OBJECTIVE 9.1: The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. This objective continues to be relevant and should be retained. Policy Relevance: Policy 9.1.1: states that the plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Title III. Collier County recommends that the complete listing of the federal act title "Superfund Amendments and Reauthorization Act," known as SARA, be spelled out for this policy. Policy 9.1.2: states that the plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Collier County recommends that this policy be updated to reflect the recently incorporated City of Marco Island and Everglades City. Furthermore, both cities need an identified community coordinator, facility coordinators and other federal, state and local emergency contacts. Policy 9.1.3 states that the plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4 requires that the plan provide a description of community and industry emergency equipment and facilities and the identify persons responsible for them. Policy 9.1.5 requires that the plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. ~ .5.F.25 Policy 9.1.6 requires a training program shall be developed for emergency response personnel. Collier County recommends that policies 9.1.3 to 9.1.6 be retained. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. This objective continues to be relevant and should be retained. .Policy Relevance: Policy 9.2.1 states that during the verification visits, the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. Policy 9.2.2 requires that the verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. Collier County recommends both policies be retained. Collier County recommends that additional policy be added that will create a new cooperative arrangement between Collier County's Pollution Control and Prevention Department and the Florida Department of Environmental Protection to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous waste management regulations. OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to hold its hazardous waste collection day at least once per year. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy ilnplementation assessment by other department heads with direct administrative responsibility to this objective° This objective continues to be relevant and should be retained. 1.5.F.26 Policy Relevance: Policy 9.3.1 states that the hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. Collier County recommends that this policy should be retained. OBJECTIVE 9.4: The County shall continue to implement its local storage tank compliance program. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its single, enabling policy. This objective should be retained but the enabling policies be revised. Policy Relevance: Policy 9.4.1 states that the County shall implement provisions of the contract with the Department of Environmental Protection under the Super Act provisions in order to avoid any duplication of effort. Collier County recommends that this policy be revised to fix the error by inserting "fund" after "Super." Policy 9.4.2 stipulates that the County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. Collier County recommends that this policy be retained. Policy 9.4.3 states that unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62-761, F.A.C., as it existed on August 31, 1999. Collier County recommends that policy be modified to include language that will require the County to adopt and incorporate any' newly amended language affecting the State of Florida's 32-761 Florida Administrative Code. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. 1.5.F.27 Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. Moreover, with the recent adoption of the Collier County Manatee Protection Plan (NR- SP-93-01) May 1995, which was ratified into the County's GMP by Ordinance No. 2002- 32 on June 19, 2002, it has led to consistent policy-making decisions by the Florida Fish and Wildlife Conservation Commission's for the siting of boat facilities within Collier County's jurisdictional waters since 1995. Policy Relevance: Policy 10.1.1 prioritizes water-dependent uses accordingly: public boat ramps, marinas, commercial fishing facilities, and other non-polluting water-dependent industries or utilities. Policy 10.1.2 mandates that no deep ports be allowed or created within Collier Countv's jurisdictional waters. Collier County recommends that policies 10.1.1 and 10.1.2 shot~ld be retained. Policy 10.1.3 prioritizes all water-related uses accordingly: recreational facilities, marine supply/repair facilities, and residential development. Collier County recommends that residential development be clarified as to how it related to water-related uses. Policy 10.1.4 prioritizes the ranking for the siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses shall apply: areas presently developed, disturbed uplands, disturbed freshwater wetlands, disturbed marine wetlands, viable, unaltered uplands, viable, unaltered fi'eshwater wetlands, viable, unaltered marine wetlands. Policy 10.1.5 requires the County to protect manatees by steering marinas away from designated manatee critical habitat unless other protective measures are provided. Collier County recommends that these policies 10.1.4 and 10.1.5 should be retained. Policy 10.1.6 mandates that the new marinas shall conform to the following criteria: marinas must provide vehicular parking and sewage pump-out facilities, fueling facilities shall be designed to contain spill from on-land equipment and shall be prepared to contain spills in the water, marina facilities must be accessible to all public services essential to ensure their safe operation. Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment, this hurricane plan shall be reviewed and approve by the County: and dry storage should be encouraged over wet storage. Collier County recommends that another criteria be added that would create a centralized data base of all newly approved, developed marinas and multi-slip docking facilities to assess their preparedness in the event of a hurricane or heavy weather storm event, -2- 1.5.F.28 Policy 10.1.7 requires that marinas and other water-dependent and water related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Collier County recommends the complete listing of all water-related uses within the context of providing the greatest public benefit. Policy 10.1.8 requires that all new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate the economic need and feasibility for such development. Collier County recommends that the County use Dr. Fishkind's Fiscal Impact Analysis Model to conclusively determine the fiscal neutrality of such as marina relative to the County. Policy 10.1.9 stipulates that these policies shall serve as criteria, holistically, for the review of proposed development in "ST" designated lands. Collier County recommends the complete spelling of the acronym "ST" and its accompanying definition. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this Objective or its enabling policies. Collier County recommends that this Objective be retained but specific, enabling policies be revised. Policy Relevance: Policy 10.2.1 requires that existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County~ Policy 10.2.2 recommends that the County evaluate appropriate public access intervals for re-nourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the re-nourishment project. Collier County recommends that policies 10.2. l and 10.2.2 be retained. Policy 10.2.3 awards a credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Collier County recommends the reworking of this policy~ 1.5.F.29 Policy 10.2.4 requires that all public access facilities shall include parking facilities and roadway access. Policy 10.2.5 requires the County to accept donations of shoreline land suitable for use as public access facilities. Policy 10.2.6 requires the County to coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. Collier County recommends that policies 10.2.4 through 10.2.6 should be retained. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Obiective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. Collier County recommends that this objective be retained but specific, enabling policies be revise& Policy Relevance: Policy 10.3.1 states that "undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelineso Policy 10.3.2 requires that any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy 10.3.3 recognizes that the highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function° Policy 10.3.4 stipulates that public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3.5 stipulates that native or other County approved vegetation shall be required as the stabilizing rnedium in any coastal barrier vegetation or restoration program. 1.5.F.30 Policy 10.3.6 prohibits the construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be made for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7 recommends that the County participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Collier County recommends that policies 10.3.1 to 10.3.7 should be retained. Policy 10.3.8 requires the development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Collier County recommends the actual density be listed in this policy, which is currently 4 dwelling units/acre. Policy 10.3.9: requires native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10 forbids new bridges; causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.11 forbids any shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10.3.12 requires the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Collier County recommends that this policy be stricken due to conflicts with the other policies. Collier County recommends that policies 10.3.9 to 10.3.12 should be revised. Policy 10.3.13 stipulates that these policies shall serve as criteria, holistically, for the review of proposed development in "ST" designated lands. Collier County recommends the revision of this policy that would require the complete listing of "ST" and its accompanying definition. Policy 10.3.14 prohibits the substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part 1.5.F.31 of an approved public development plan. Collier County recommends that the reference to the DER be changed to the Florida Department of Environmental Protection (FDEP). Policy 10.3.15 requires that Agriculture and timbering must abide to the above Goals, Objectives, and Policies related to coastal barrier systems. Collier County recommends that this policy be retained. OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. Collier County recommends that this objective be retained but specific, enabling policies be revised. Policy Relevance: Policy 10.4.1 promotes environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.2 prohibits further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Collier County recommends that policies 10.4.1 and 10.4.2 be retained. Policy 10.4.3 prohibits activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Collier County recommends that this policy reference scientific/coastal engineering literature/studies that have established a benchmark for the natural rate of beach erosion. Policy 10.4.4 requires dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.5 recommends that the County initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6 requires native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Collier County recommends that policies 10.4.4 to t0.4.6 be retained. 1.5.F.32 Policy 10.4.7 prohibits construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Collier County recommends that the reference to the Coastal Construction Control Line be changed to the Coastal Construction Setback Line. Policy 10.4.8 states that the construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Collier County recommends that the reference to the Coastal Construction Control Line be changed to the Coastal Construction Setback Line. Policy 10.4.9 prohibits the construction of seawalls fronting the Gulf of Mexico, except in extreme cases of hardship. Collier County recommends a further explanation as to what "extreme cases of hardship" entails. Policy 10.4.10 expressly states that vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Collier County recommends inserting the actual ordinance number for cross- referencing purposes. Policy 10.4.11 recommends that the County develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.12 stipulates that in permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a.) All damaged seawalls will be replaced with, or t¥onted by; b.) Where appropriate, repaired structures will be redesigned. Policy 10.4.13 recommends that all development and redevelopment proposals shall consider the implications of potential rise in sea level. Collier County recommends that policies 10.4.11 to 10.4.13 be retained. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches arm dunes 1.5.F.33 and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. Collier County recommends that this objective be retained but specific, enabling policies be revised. Policy Relevance: Policy 10.5.1 explicitly states that recreation is the most compatible use with the natural functions of beaches and dunes. Policy 10.5.2 prioritizes the acquisition efforts in order to meet the projected need for additional public beaches. Collier County recommends that policies 10.5.1 and 10.5.2 be retained. Policy 10.5.3 prohibits activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Collier County recommends that this policy be deleted because was already stated in Policy 10.4.3. Policy 10.5.4 prohibits the construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Collier County recommends that this policy be retained. Policy 10.5.5 prohibits motorized vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Collier County recommends that this policy be deleted because was already stated in Policy 10.4. i0. Policy 10.5.6 stipulates that the County shall regulate activities so that they will not threaten the stability of the dunes or the beach itself. Collier County recommends that this policy be retained. Policy 10.5.7 recommends that the County actively pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Collier County recommends that this sentence be reworded. 1.5.F.34 Policy 10.5.8 prohibits shoreline-armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Collier County recommends that this policy be retained. Policy 10.5.9 prohibits the construction seaward of the Coastal Construction Control Line except as follows: a.) Construction will be allowed for public access; b.) For protection and restoration of beach resources; c.) In cases of demonstrated land use related hardship or safety concerns as specified in the 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Collier County recommends that this policy be deleted because it has already been repeated in previous policies° Policy 10.5.10 mandates that all construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Collier County recommends that policy be retained. Policy 10.5.11 states the County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Collier County recommends that this sentence be reworded to clarify as to under what conditions are all other non-safety related setback requirements and site planning requirements should be waived. Policy 10.5.12 requires that for all beachfront land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. Collier County recommends that policy be retained. OBJECTIVE 10.6: The County shall conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. Collier County recommends that this objective be retained but specific, enabling policies be revised. Policy Relevance: Policy 10.6.1 specifies that in addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5, development within the County's coastal zone shall also meet additional criteria in preserving both undeveloped coastal and inshore marine habitats. Collier County recommends that this policy be retained. 1.5.F.35 Policy 10.6.2 states by administrative fiat that the requirements of Policy 10.6.1 identify the guidelines and performance standards for the undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine NRPA (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. Collier County recommends that this policy be revised because it improperly references Policy 1.3.2, which pertains to the overall purpose and description of the Rural Lands Stewardship Area Overlay program. Policy 10.6.3 requires all shoreline development projects where an ElS is required; an analysis shall demonstrate that the project will remain fully functional for its intended use after a six-inch rise in sea level. Policy 10.6.3 officially declares that Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drilling projects in this sensitive area. Collier County recommends that this policy be retained. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other-department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. Therefore, Collier County recommends retaining this Objective as written. Policy Relevance: Policy ll.l.1 recommends that the County continue to enforce regulations regarding development and other land alteration activities that ensure the conservation, sensitive re- use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy 11.1.2 requires that there shall be no loss of historic or archaeological resources on County-owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Furthermore, the County has listed specific conservation techniques to carry this out. Policy 11.1.3 explicitly states that if during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for' a sufficient length of time to enable the County or a designated consultant 1.5.F.36 to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. Collier County is not recommending any additional changes to these policies. OBJECTIVE 12.1: The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. Collier County recommends that this objective be revised to reflect the recent publication of the Southwest Florida Regional Planning Council's Hurricane Evacuation Study, 2001 and the revision of specific, enabling policies. Policy Relevance: Policy 12.1.1 recommends that a comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. This information shall be made readily available to all hotel/motel guests. Collier County recommends that this policy be revised to include all alternative media forums, such as the Internet. Policy 12.1.2 requires that all Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Collier County recommends that this policy be retained. Policy 12.1.3 requires that the County shall continue to identify shelter space that complies with Red Cross standards for 45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of 20 square feet per person. Collier County recommends that these numbers be updated based upon the figures computed from the Southwest Florida Regional Planning Council's Hurricane Evacuation Study Update 2O01. Policy 12.1.4 requires the County to continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on-site or 1.5.F.37 provide funding to enhance existing public shelters off-site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June-November time frame. On-site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the cun'ent National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH). The wind loads applied to buildings shall guide the design and construction of the required shelters and structures designated as "essential facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed with adequate emergency electrical power and potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first-aid equipment. A telephone and battery-operated telephone is also required within the shelter. Collier County highly recommends that this policy be broken into two policies, revise the reference to a "telephone and battery- operated telephone" to a battery-operated radio capable of receiving commercial broadcast and NOAA weather alerts, a proposed new methodology for estimating the average park (trailer parks/mobile homes) population during the June-November time frame. Policy 12.1.5 requires that the directors of the Transportation and Emergency Management Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table 1 of the Appendix. Collier County recommends listing of the source, that being which GMP Element, Table 1 is in reference to. Collier County also recommends the change in title for the mentioned department heads of the Collier County's Transportation and Emergency Management departments. Policy 12.1.6 requires that the County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation routes. Collier County recommends that the reference to "Collier County Peacetime Emergency Plan" be changed to "Collier County's Comprehensive Emergency Management Plan." Policy 12.1.7 recommends that the County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. Policy 12.1.8 requires the County upon approval of the "Local Hazard Mitigation Strategy" by the Department of Community Affairs Collier County will begin implementation of the Local Mitigation Projects as listed in the Plan. Collier County recommends that policies 12.1.7 and 12.1.8 be retained. Policy 12.1.9 requires the County to construct all new Public Safety facilities to be floodproofed and designed to meet 160 mph wind load requirements~ Collier County 1.5.F.38 recommends that the wind load construction standard/requirement for all newly constructed public facilities be changed from 160 mph to 140 mph based upon the County's minimum design standard of a 140 m.p.h. Policy 12.1.i0 requires the County to continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Collier County recommends that two issues be addressed in regards to this policy: 1.) The reference to "outside" should be changed to "inside;" 2.) Is there any current literature/policy/regulations sources on State Requirements for Educational Facilities? Policy 12.1.11 requires the County to continue to work with the Board of Regents, State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Collier County recommends that this policy be retained. Policy 12.1.12 recommends that the County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants and from funds identified in the annual Shelter Deficit Studies. Collier County recommends that this policy be updated to include new funding sources for building hurricane evacuation shelters in Collier County. Policy 12.1.13 requires that all new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities. Collier County recommends the actual listing of the statute for all new public schools and public community college and universities - State Requirements for Educational Facilities" (1997), Section 5.4(15). Policy 12.1.14 recommends that the County will consider establishing one-way evacuation routes on County maintained roads for storm events that have the potential for inundating low-lying populated areas. The County will coordinate with FDOT to consider one-waying State maintained roads that are primary evacuation routes for vulnerable populations. Collier County recommends revising this sentence and spelling out the acronym - FDOT. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property fi'om hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road 1,5.F.39 repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. However, Collier County recommends that this objective and some of its enabling policies be revised. Policy Relevance: Policy 12.2.1 recommends that the Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Collier County recommends that the proposed changes to this policy be updated to revise the terminology deadlines. Policy 12.2.2 states that the calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3 requires the County shall participate in the National Flood Insurance Program (NFIP). Collier County recommends that policies 12.2.2 and 12.2.3 be retained. Policy 12.2.4 recommends that the County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. Collier County recommends that policy be updated to reflect the correct building code terminology. Policy 12.2.5 recommends that the County shall consider the coastal high-hazard area as that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Collier County recommends that the reference to the "Southwest Florida Regional Planning Council Hurricane Evacuation Study Update" be changed to "Southwest Florida Regional Planning Council Hurricane Evacuation Study, 2001 ." Policy 12.2.6 states that the County shall require that all new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage dnring flood events to the maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. Collier County recommends that Policy 12.2.6 should be retained. 1.5.F.40 Policy 12.2.7 recommends that the County shall continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Collier County recommends that the reference to "unimproved property" be clarified. Policy 12.2.8 recommends that public facilities that are dependent on county funding shall not be built in the Coastal High Hazard Area unless the facility is designed for public access or for resource restoration. Collier County recommends that there be more clarity as to what "public access" and "resource restoration" means. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. However, Collier County recommends that this objective should be retained but some of its enabling policies be revised. Policy Relevance: Policy 12.3.1 requires the Comprehensive Emergency Management Plan to comply with the policies under this objective, and shall contain step-by-step details for post disaster recovery. Collier County recommends that this policy be retained. Policy 12.3.2 states that after a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re-entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3 recommends that the recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. Staff recommends that this policy be revised to correct the titles of the governmental departmental heads. Policy 12.3.4 recommends that the recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officials to prepare 1.5.F.4t disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Collier County recommends that this policy be updated to reflect the new post-disaster plan from "Peacetime Emergency Plan" to "Comprehensive Emergency Management Plan." Policy 12.3.5 requires the County to perform immediate repair and clean-up actions, when needed, to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Policy 12.3.6 stipulates that structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Staff recommends that policies 12.3.4 to 12.3.6 should be retained. Policy 12.3.7 stipulates that the County shall develop and adopt a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process shall consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Collier County notes the dated deadline of May 30, 1997 and recommends that this policy should be updated to reflect the most current adoption of ordinances that address post-disaster recovery, reconstruction and mitigation. Policy 12.3.8 requires the County within 30 days of a hurricane resulting in disaster the County shall identify non-public structures in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post-disaster recovery. Coltier County recommends that this policy should be retained. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation fi'om a threatened area. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. The County's Emergency Management Department had expressed to staff the need to insert 1.5.F,42 language that addresses the auxiliary life support/safety (respirators, oxygen tanks) requirements for people with special needs. Therefore, staff recommends that the objective be retained but consider additional enabling policies. Policy Relevance: Policy 12.4.1 requires all new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy 12.4.2 requires the County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 12.4.3 requires the County, in cooperation with the Collier County Health Department and other public service groups, shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. Collier County recommends that all policies should be retained. OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Objective Achievement Analysis: Achievement of this objective was evaluated through a policy implementation assessment by other department heads with direct administrative responsibility to this objective. There were no found issues with this objective or its enabling policies. Staff recommends that this objective and its enabling policies should be retained. Policy Relevance: Policy 13.1.1 requires the County to be vigilant in creating unnecessary duplication of existing Regional, State, or Federal permitting programs. Policy 13.1.2 stipulates that the County may adopt regulations to strengthen existing permitting programs. Staff recommends that this policy be retained. 1.5.F.43 Policy 13.1.3 requires the County prior to adopting any new regulations to implement this Element that the following guidelines shall be met first: a.) It fulfills an important need not presently adequately met by existing Regional, State, or Federal regulation; b.) The regulation can be effectively and efficiently administered by authorized increases to County staff; c.) The cost to the County of implementing the regulation shall have been identified and considered. Collier County recommends clarifying subsection c by explaining what "increases" means - increases in funding, increases in staff or both? 1.5.F.44 1.5.G: Brief Assessment of Successes Shortcomings & Recommendations- Intergovernmental Coordination Element (ICE) A. Introduction & Background The Intergovernmental Coordination Element (ICE) is the portion of the Collier County Growth Management Plan (GMP) that contains the County's Goal, Objectives and Policies with regard to relations between the County and non-County governmental entities (as well as quasi-governmental entities, including utility companies). The ICE contains a single Goal (currently entitled Goal 1), which states the primary purpose of this Element. Goal 1 reads as follows: "PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROWARD, DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF EVERGLADES AND NAPLES, COLLIER COUNTY SCHOOL BOARD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRINT/UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE DIVISION (MSTU), FLORIDA WATER SERVICES, FLORIDA CITIES WATER COMPANY, MEDIA ONE, AND CABLEVISION INDUSTRIES THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS." The ICE was recently updated by Ordinance No. 2003-67 on December 16, 2003. As currently formatted, this Element consists of the original Goal (Goal t), Objectives and Policies. As part of the EAR-based amendments, the County recommends that the title of Goal 1 be amended to simply "Goal." Also, the County recommends the insertion of the Cities of Marco Island (in Collier County) and Bonita Springs (in Lee County), as entities with which the County must coordinate. B. Objectives Analysis: GENERAL ANALYSIS: The following Objectives and Policies are implemented by the Collier County Comprehensive Planning Department. The Objectives and Policies speak generically about creating interlocal agreements with both public and private parties linked to a specific, adopted level of service standard(s). 1.5.('i..1 OBJECTIVE 1.1: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, establish intergovernmental communication and level of service coordination mechanisms to be used by Collier County, Cities of Everglades and Naples, adjacent counties, the Collier County School Board, the State, and any other entity that provides a service but may not have land use authority. Objective Achievement Analysis: Because this Element was last completely revised in 1997, Objective 1.1 does not reference the Cities of Marco Island and Bonita Springs. The EAR-based amendments should include the insertion of those two local governments into the above language. Policy Relevance: Policy 1.1.1 recommends that Collier County will continue to utilize existing coordination mechanisms, e.g., interlocal planning agreements, joint meetings and any other mechanism described in this element which promotes consistent planning activities. The wording of the policy is sufficiently generic to allow the County to employ any valid coordinating mechanism. Therefore, this Policy should be retained as written. Policy 1.1.2 requires the Collier County Comprehensive Planning Section of the Planning Services Department to be the designated liaison to disseminate information on proposed Growth Management Plan amendments by the County which effect any of the entities listed in Objective 1.1. The County recommends that this Policy be updated to reflect that the Comprehensive Planning Section recently became part of the Comprehensive Planning Department, and that the former Planning Services Department no longer exists. Policy 1.1.3 requires the Collier County Comprehensive Planning Section of the Planning Services Department to prepare and review an annual level of service monitoring report of the Growth Management Plan. The purpose of this report is to provide the affected entities with the information in order to evaluate and coordinate level of service standards. This task is incorporated into the County's Annual Update & Inventory Report (AUIR) for the County's capital facilities (see Section 1.5,A of this report). The County recommends that this Policy be updated to reflect that the Comprehensive Planning Section recently became part of the Comprehensive Planning Department, and that this Policy be rewritten to reflect the AUIR process. Policy 1.1.4 recommends that the Collier County Comprehensive Planning Section have procedures in place to be taken if the entity that has maintenance responsibility does not plan for the necessary improvements in a timely manner in order to maintain the County adopted level of service, In addition to the fact that this Policy must be updated as noted above, staff has concerns regarding the wording and original intent of this Policy, Comprehensive Planning staff does not make recommendations regarding non-County 1.5.G.2 service providers. Therefore, the EAR-based amendments should include deletion of this Policy. Policy 1.1.5 states that in situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, or solid waste, the County will coordinate its adopted level of service standard within the parameters allowed by the Concurrency Management System of the Capital hnprovement Element of this Plan. The original intent of this policy is obscure and the wording of the policy is overly complicated. The EAR-based amendments should include revisions of this policy to reflect that the County does possess enforcement mechanisms that can be utilized when a private service provider does not meet County LOS Standards. These mechanisms do not apply when the service or facility is provided by a non-County governmental entity. Nor would the mechanisms apply when the subject service or facility is located within the jurisdiction of another local government. OBJECTIVE 1.2: Coordinate Collier County's land use planning strategy, including an assessment of proposed development, with that of other government and private entities. Objective Achievement Analysis: In May 2003, the Collier County Board of County Commissioners of Collier County, Florida and the District School Board of Collier County, Florida entered into two interlocal agreements: Interlocal Agreement #1: Title - Interlocal agreement between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes and substantive criteria including the consideration of future amendments to the County's Growth Management Plan and implementing land development regulations. Interlocal Agreement #2: Title - Interlocal Agreement for Public School Facility Planning These two agreements were adopted as required by Sections 163.3177(6)(h) and 163.31777, F.S. and pertain to both the siting of schools/school support facilities and the site plan review process for those schools and facilities. During 2003, relevant Elements of the County's Growth Management Plan were revised to reflect the policies and procedures contained within the two agreements. With regard to other governmental and non-governmental entities, as well as the general public, the County takes due care that all matters coming before the Board of County Commissioners with regard to land use changes are properly noticed and advertised, and that there is a public opportunity for all interested parties to present comments and recommendations to the Commission. Additionally, Collier County's proposed GMP 1.5.G.3 amendments and Land Development Code (LDC) changes are either available online, in other electronic version, or as printed documents. Finally, all land use-related documents are available to anyone upon request for a minimal copying fee. Therefore, this ObJective should be retained as written. Policy Relevance: Policy 1.2.1 requires Collier County to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between respective governmental or private entities. This is an ongoing task. This policy should be retained as written. Policy 1.2.2 requires that intergovernmental planning agreements include provisions for review and comment on Collier County land use plans along jurisdictional lines, facility planning for water, sewer, roads, and any other public facilities that may have an impact on other entities or cause inconsistencies between comprehensive plans. The EAR-based amendments should include a revision to this policy for the purpose of clarity. Policy 1.2.3 requires the County to participate in cooperative planning programs with other governmental entities. This is an ongoing task. This policy should be retained as written. Policy 1.2.4 requires Collier County to undertake, where appropriate, mutual planning and management programs (with other local governments) for natural resources. The policy cites certain specific programs, such as a mutual program for the management of Naples Bay with the City of Naples; a mutual program for the management of certain estuarine areas that fall under the jurisdiction of more than one local entity; a mutual program for management of groundwater resources with Lee and Hendry Counties; and a mutual program for delineation and management of watersheds. This policy should be revised to be less specific regarding particular programs or planning efforts. In that manner, County staff would be allowed to implement any BCC-directed natural resources program involving a neighboring local government. Policy 1.2.5 requires that the County coordinate plans, programs, regulations and activities for the provision of housing with those of adjacent governments, particularly the City of Naples. The County's Housing Element (see Section 1.5.D of this report) is, in fact, shared with the City of Naples. Therefore, this policy should be retained as written. Policy 1.2.6 requires that the County coordinate with the Collier County School Board on the site selection for new public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants in accordance with the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. This policy should be retained as written. t .5.G,4 Policy 1.2.7 incorporates into the Growth Management Plan, by reference, the Southwest Florida Regional Planning Council's (SWFRPC's) Dispute Resolution, Rule 29I-7, dated April 1994. This policy should be retained as written4 OBJECTIVE 1.3: The County shall continue to coordinate annexation plans of all incorporated areas in the County. Objective Achievement Analysis: Section 9J-5.015 (3) (c) 4., Florida Administrative Code, requires the Intergovernmental Coordination Element (ICE) to: "Provide procedures to identify and implement joint planning areas for the purposes of annexation, municipal incorporation and joint infrastructure service areas." This is the only provision within State's ICE Rule that is related to annexation. However, the single policy within this Objective (see below) requires the County to identify municipal annexation areas within the Future Land Use Element and upon the Future Land Use Map. Such is not a requirement of the Rule. Therefore, this Objective should be rewritten to more closely conform to the requirements of Section 9J-5.015 (3) (c) 4., Florida Administrative Code. Policy Relevance: Policy 1.3.1 requires that Collier County will identify any proposed annexation areas in the Future Land Use Element and indicate these areas on the Future Land Use Map or map series. Staff has not identified any such areas within the FLUE or on the FLUM. Nor does such appear to be a requirement of the relevant State Administrative Code (see above). The EAR-based amendments should include deletion of this Policy and its replacement by a policy or policies more closely tied to the State requirements. OBJECTIVE 1.4: By January 1, 1999, the County shall complete an evaluation of informal and formal coordination mechanisms between the County, other units of local, regional, state, and federal government and any private entity which provides an essential public service that affects Levels of Service and/or land use planning in the County. Objective Achievement Analysis: Comprehensive Planning staff is currently involved in coordinating preparation of a report on interlocal agreements associated with the provision of certain public services. However, beyond this current effort, staff is unaware of any report related to the above Objective. Due to the complex nature of the County's coordination with other entities, such a report would likely be time consuming and inaccurate. Therefore, this Objective and its subject policies should be deleted. t .5.G.5 Policy Relevance: Policy 1.4.1 requires the County to establish criteria to be used to complete an update of the evaluation of informal and formal coordination mechanisms between the County, other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Levels of Service and/or land use planning in the County. This task was to be completed by January 1, 1998. Policy 1.4.2 requires the County to implement procedures and activities that will improve communications between the County and other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Level of Service and/or land use planning. This task was also to be completed by January 1, 1998. The EAR-based amendments should include deletion of both of the above policies. 1.5.G.6 1.5.H: Brief Assessment of Successes & Shortcomings - Future Land Use Element (FLUE) A. Introduction & Background: The Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP) establishes the geographic framework for growth and development in Collier County. As such, the FLUE is the most frequently amended portion of the GMP. Since the adoption of the County's 1997 EAR-based Amendments, the FLUE has been amended on fourteen occasions. The FLUE includes three major sections: an Overview, the Implementation Section, and a section containing land use data and analysis. The purpose of the Overview is to provide an introduction as to the purpose, basis and underlying concepts and special issues addressed by the FLUE. The Implementation Strategy is where the Element is brought into legal effect. Included within this section are the Goals, Objectives, Policies and the Future Land Use Map (FLUM). Collier County's FLUE is somewhat unique due to the emphasis given to the land use categories or designations contained in the Future Land Use Designation Description Section of the Implementation Strategy. This aspect is further described within the Objectives Analysis. The third section consists of Support Document: Land Use Data and Analysis. The information provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, Florida Administrative Code, minimum requirements for the FLUE. The overall purpose of the FLUE is to guide decision-making by with regard to regulatory, financial and programmatic matters pertaining to land use. This Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy is closely coordinated with the County's strategy for the provision of public facilities, as described in the Capital Improvements and Public Facility Elements (and Sub-elements) of the GMP and with the strategies to protect and conserve natural resources as found in the Conservation and Coastal Management Element. B. Objectives Analysis: The FLUE Implementation Strategy consists of a single Goal. The Goal reads: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. The EAR-based amendments will reflect no changes to this goal. 1.5.H.1 Objective 1: Unless otherwise permitted in the GMP, new or revised land uses shall be consistent with designations outlined on the FLUM. The FLUM and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all development orders effective with the adoption of this GMP. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the FLUM is designed to coordinate land use with the natural environment including, topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Objective Achievement Analysis: The primary purpose of this Objective is to incorporate the various land use designations, as contained in the FLUE's Future Land Use Designation Description Section, into the Goals, Objectives and Policies of the GMP. This Objective will remain unchanged. Policy Relevance: There are five policies within this Objective. These policies reference the various land use designations contained within the Future Land Use Designation Description Section and require all future land uses to be consistent with the requirements contained under the various designations. As such, these policies are amended anytime that a new designation is added or an old designation is removed. Policy 1.1 lists the Future Land Use Districts and Subdistricts for the Urban Designation. Policy 1.2 lists the Districts and Subdistricts for the Agricultural/Rural Designation. Policy 1.3 references the Districts and Subdistricts included within the Estates Designation and notes that these are to be found within the Golden Gate Area Master Plan Element of this GMP (see Section 1.5.H of the Evaluation & Appraisal Report). Policy 1.4 references the FLUE's Conservation Land Use Designation. Policy 1.5 lists the FLUE's various Future Land Use Overlays and Special Features. The EAR-based amendments. A more complete description of the Future Land Use Designation Description Section of the FLUE begins on 1.5.H.7. Objective 2: The coordination of land uses with the availabi!ity of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code (LDC). 1.5.H.2 Objective Achievement Analysis: The purpose of this Objective is to incorporate the listed documents, by reference, into the FLUE. This Objective will remain as worded. Policy Relevance: There are three policies within this Objective. Policy 2.1 requires the County to prepare an Annual Update & Inventory Report (AUIR) relative to the County's public facilities. Comprehensive Planning staff typically coordinates preparation of this report. Policy 2.2 requires the County to take remedial action once an AUIR identifies a deficiency to a particular public facility. Policy 2.3 requires development projects seeking a Final Local Development Order to receive a Certificate of Adequate Public Facilities, guaranteeing that the proposed development meets concurrency requirements. These policies will remain as written. Objective 3: Land development regulations have been adopted to implement this GMP pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone and to provide for management of growth in an efficient and effective manner. Objective Achievement Analysis: The purpose of this Objective is to recognize the existence of the LDC. The EAR-based amendments will reflect changes to recognize the recently adopted revisions to the Transportation Concurrency Management System. Policy Relevance: There are two policies within this Objective. Policy 3.1 recognizes specific provisions of the LDC relative to land development reviews. As part of the Planned Unit Development (PUD) process, proposed PUD's are required to comply with this Policy. In 2002, this policy was amended as part of the amendments establishing the Rural Fringe Mixed Use District (RFMUD). Staff recommends amending this Policy to recognize recently adopted revisions to the Transportation Concurrency Management System. Policy 3.2 recognizes that the LDC has been codified into a single ordinance. The EAR-based amendments will reflect the updating of this policy to reference the current LDC. Objective 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the FLUE shall be continually refined through detailed planning. Future studies might address specific 1.5.H.3 geographic or issue areas. All future studies must be consistent with the GMP and further its intent. Objective Achievement Analysis: This Objective is a "catch-all" recognizing and incorporating by reference the GMP's Master Plan Elements (see Sections 1.5.H, 1.5.1 and 1.5.J of this EAR), and other planning efforts related to future land uses. This Objective will continue unchanged. Policy Relevance: There are ten policies within this Objective. Policy 4.1 recognizes the existence of the Golden Gate Area Master Plan (GGAMP) Element (see Section 1.5.H of this report). Staff recommends amending this policy to recognize new issue areas developed during the Phase I and Phase II GGAMP Restudy process. Policy 4.2 recognizes the existence of the Immokalee Area Master Plan (IAMP) Element (see Section 1.5.1 of this report). This Element is currently under revision and will be amended as part of the EAR-based amendments. EAR-based amendments to Policy 4.2 will recognize any changes created through the lAMP amendment process. Policy 4.3 recognizes the existence of the Marco Island Master Plan (MIMP) Element. As part of the EAR-based amendments, this Element will be deleted and certain Future Land Use Designation provisions shall be incorporated into the FLUE (see Section 1.5.J of this report). Policy 4.4 recognizes that Collier County, in conjunction with the City of Naples, has developed Corridor Management Plans for certain specific sections of roadways. It also recommends additional roadway sections that may be designated for preparation of Corridor Management Plans. EAR-based amendments will reflect the deletion of certain roadway segments covered under the recently adopted Transportation Concurrency Management System. Policy 4.5 references staff's periodically updated Industrial Land Use Study. A provision within this policy requires that it be updated upon completion of the "Economic Plan." As the Board of County Commissioners (BCC) has recently adopted an Economic Element for the GMP, the EAR-based amendment process will include the required update of the Industrial Land Use Study. Policy 4.6 references access management provisions for the Mixed-Use and Interchange Activity Centers. Minor text revisions for clarification°will be included in the EAR-based amendments. Policy 4.7 allows the BCC to consider preparation of redevelopment plans for certain areas of Collier County. To date, only one of these areas is a designated as a Community Redevelopment Area (CRA). As part of the EAR-based amendments, the County shall 1.5.H.4 reevaluate of the list of areas contained in this policy to allow the BCC to determine whether the specific areas should be designated as redevelopment areas. Policy 4.8 references demographic update procedures. There will be no changes to this policy. Policies 4.9 and 4.10 relate to the Rural & Agricultural Area Assessment. This Assessment was completed during 2002 and led to establishment of the RFMUD and the Rural Lands Stewardship Area Overlay (RLSA). Since these provisions are complete and adopted, both policies shall be deleted through an EAR-based amendment. Objective 5: In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. Objective Achievement Analysis: This Objective contains a number of general land use provisions, related to a variety of issues and concerns. This Objective shall remain as written. However, minor changes will be made to certain policies within this Objective. Policy Relevance: There are thirteen policies within this Objective. Policy 5.1 requires all new rezonings to be consistent with the GMP. However, this policy also recognizes the results of the Zoning Re-evaluation Program. This program was completed in 1991, and it resulted in the adjustment of inconsistent, but not vested (i.e., not approved for a specific project) zoning to zoning consistent with GMP provisions. Certain, vested properties were recognized as being "properties consistent by policy." Within certain limitations, these properties may retain their existing zoning and even expand (see Policies 5.9 - 5.12, in this Objective). However, any rezoning requested for these properties must comply with current GMP provisions. This Policy is the subject of two recent amendments that clarify the BCC's intent with regard to changes to land use intensities for properties consistent by policy and allow for certain exceptions to the policy. No further changes to Policy 5.1 will be performed. Policy 5.2 requires all proposed development to be consistent with the GMP and that the BCC cannot approve inconsistent proposals. No changes will be made regarding this policy. Policy 5.3 discourages "unacceptable levels of urban sprawl." This policy will be retained as written. 1.5.H.5 Policy 5.4 requires compatibility of new land uses with existing and surrounding land uses. EAR-based amendments will reflect the current LDC. Policy 5.5 requires the County to encourage urban intensity uses in the existing urban designated areas before designating new areas for such uses. There will be no changes to this policy. Policy 5.6 allows the County to permit certain "innovative approaches" to land development in order "to conserve open space and environmentally sensitive areas." This policy will continue unchanged. Policy 5.7 establishes a policy of encouraging recognition of identifiable communities within the western urban portion of Collier County. EAR-based amendments will encourage such recognition within all urbanized portions of Collier County. Policy 5.8 allows the construction of group housing within the Urban Designated Area on the FLUM. It also allows the construction of family care facilities within residential areas. This policy will be retained in its current form. Policy 5.9 refers to developed properties that are inconsistent with current GMP provisions. The policy declares that such properties are "properties consistent by policy," and are to be identified on the FLUM series. This policy shall be preserved. Policy 5.10 refers to undeveloped properties having approved zoning that is inconsistent with the current GMP. These properties are considered "properties consistent by policy," with certain limitations. This policy shall be preserved. Policy 5.11 is concerned with commercial properties with zoning approved before the adoption of the 1989 GMP. These properties had been included in a special commercial subdistrict, referred to as the "Commercial Under Criteria" Subdistrict. The subdistrict is no longer in existence and these commercial properties are included within the "properties consistent by policy" provision. This policy shall be preserved. Policy 5.12 is similar to Policy 5.11, but refers to a former industrial subdistrict. This policy shall be preserved. Policy 5.13 recognizes certain properties located within designated Mixed-Use Activity Centers. These properties were rezoned during the interim period between the adoptions of the FLUE in October 1997 and were not effective due to the Notice of Intent finding the FLUE "not in compliance", and the ~ssuance of the Florida Administration Commission's Final Order on June 22, 1999. Through an EAR-based amendment, this policy shall be rewritten, as it appears to be incomplete. (Note: During 2003, as part of an amendment to the Transportation Concurrency provisions, the BCC adopted a new Objective 6 that provides land use regulations and incentives relative to the adopted Transportation Concurrency Management Areas 1.5.H.6 (TCMAs) and Transportation Concurrency Exception Area (TCEA). At the time of writing for this Section of the EAR, Objective 6 and its policies were not yet in effect. Future Land Use Designation Description Section: This section of the FLUE immediately follows the Goals, Objectives and Policies. The section describes the land use designations shown on the FLUM. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the BCC based on criteria in the LDC or on special studies completed for the County. A unique aspect of the FLUE is the degree to which it relies on land use designations to enforce the provisions of the GMP. These designations are shown on the adopted FLUM, referenced in FLUE Goal 1, Objective 1.i, and the policies contained therein. The designations include geographic designations, districts, subdistricts and planning overlays. Though not considered Goals, Objectives and Policies, these "Future Land Use Designations" are part of the adopted portion of the FLUE, and therefore enforceable. These designations are part of the adopted portion of the GMP and have the weight of Goals, Objectives and Policies. The Future Land Use Designation Description Section divides Collier County, via the FLUM, into four designations: Urban, Agricultural/Rural, Estates and Conservation. There is also a subsection regarding Overlays and Special Features. Within each designation, there are one or more "Districts." However, the Estates Designation is discussed only briefly within the FLUE. Instead, information concerning the land use designations is contained in the GGAMP (see Section 1.5.H of this report). The Urban Designation includes two general types of areas within unincorporated Collier County: Areas with the greatest residential densities and areas in close proximity to the residential areas, which either have or are projected to receive future urban support facilities and services. The GMP seeks to direct the majority of population growth and new intensive land uses into areas within the Urban Designation. Accordingly, the Urban Area is intended to accommodate residential uses and a great variety of non-residential uses. The entire Urban Designated Area, including Immokalee, represents less than 10% of unincorporated Collier County's land area. The future land use designations for the Immokalee Urban Area are described in Section 1.5.I of this EAR and will not be discussed relative to the FLUE. Within the Urban Designation are three Districts: the Urban-Mixed Use District, the Urban-Commercial District and the Urban-Industrial District. Each of these Districts includes two or more Subdistricts. The Urban Districts and Subdistricts are described below. 1.5.H.7 Urban-Mixed Use District: The Urban-Mixed Use District is the largest of the three Urban Districts. It represents approximately 116,000 acres and is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as PUD's. Certain industrial and commercial uses are also allowed subject to specific criteria. Within this District are thirteen subdistricts. Urban Residential Subdistrict: This is the largest of the Urban-Mixed Use Subdistricts. The majority of residential development in the Coastal Urban Area is contained within this Subdistrict. The purpose of the Subdistrict is to provide for higher residential density in an area with fewer natural resource constraints (than other subdistricts) and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres (or 80%) of the Urban-Mixed Use District. Maximum eligible residential density is determined through application of the Density Rating System (see below), but cannot exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights (TDR) Section of the LDC. Urban Coastal Fringe Subdistrict: This Subdistrict includes that portion of unincorporated Collier County located south of US 41, between the City of Naples and Collier-Seminole State Park. It formerly included Marco Island (now incorporated) and comprises approximately 18,000 acres (or less than 15%) of the Urban-Mixed Use District. The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. To facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities within this Subdistrict are limited to a maximum of four dwelling units per acre, except as allowed in the Density Rating System through the provision of an affordable housing bonus and/or TDR's, and except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. All rezones are recommended to be in the form of a PUD application. Staff is recommending that the island of Key Marco, formerly governed by the provisions contained within the Marco Island Master Plan, be incorporated into the FLUE and FLUM, with related future land use provisions (see Section 1.5.J of this report). Urban Residential Fringe Subdistrict: The Urban Residential Fringe Subdistrict is located adjacent to the boundary of the Agricultural/Rural Designation, Rural Fringe Mixed-Use District, south of State Road 84/Davis Boulevard, east of County Road 951/Collier Boulevard, and north of U.S. 41. The purpose of this Subdistrict is to provide transitional residential densities between the Urban Designated Area and the Agricultural/Rural Area. The Subdistrict comprises approximately 5,500 acres (or 5%) of the Urban-Mixed Use District. The Subdistrict 1.5.H.8 allows a maximum residential density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as RFMUD Sending Lands. Certain properties specifically identified within the Subdistrict text, may receive a density bonus of up to six additional units per gross acre by providing affordable housing (home ownership only) for low- and moderate-income residents of the County. Otherwise, rezone requests for properties within the Urban Residential Fringe Subdistrict are not subject to the density rating system, but are subject to other specific criteria. PUD Neighborhood Village Center Subdistrict: This is a "floating" Subdistrict, not confined for use within a specific portion of the Urban-Mixed-Use area. The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses is sized in proportion to the number of units contained within the subject PUD, but in no event shall the acreage within the Village Center exceed 15 acres. Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and are to be conveniently located to serve the PUD. The Village Center is not allowed to have independent access to any roadway external to the PUD and must be integrated into the PUD. Phasing of construction of the Neighborhood Village Center is to be controlled so that it occurs concurrent with completion of the surrounding residential units. The PUD district of the LDC provides standards and principles regulating access, location and integration within the PUD of the Village Center, uses allowed in the Center, and square footage and/or acreage thresholds. As part of the EAR-based amendments, staff proposes to update the text of this Subdistrict to reflect the fact that relevant LDC provisions have been adopted and are in effect. Business Park Subdistrict: This is a "floating" Subdistrict, not confined for use within a specific portion of the Urban-Mixed Use Area. With somewhat different provisions, this Subdistrict may also be used within the Urban Commercial and Urban Industrial Districts. The Business Park Subdistrict provides for a mix of industrial and non-industrial uses, all designed within an attractive park-like environment, where building coverage ranges between 25% to 45% of the lot area and where landscaping provides for buffering of the industrial uses from surrounding areas, and where such landscaping may be enjoyed by the employees and patrons of the park. The Subdistrict contains specific criteria relative to the mix of uses allowed within the Business Park. Residential uses are not permitted within this Subdistrict. There is a 500-acre limit on the number o~ "business parks" permitted within the Urban-Mixed Use District. Office and In-fill Commercial Subdistrict: This is a "floating" Subdistrict, not confined to use within a specific portion of the Urban Mixed-Use Area. The Subdistrict is intended to allow low intensity office commercial or 1.5.H.9 D in-fill commercial development on small parcels within the Urban Mixed-Use District. Subject parcels must be located along arterial and collector roadways in areas where residential development. Lower intensity office and commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commemial development. Commercial uses allowed within this Subdistrict include C-1 through C-5 commercial zoning and commercial portions of PUD's. Subject parcels may not exceed twelve acres in size and must meet specific spacing and locational criteria relative to adjacent land uses. A large number of specific criteria related to site design, zoning and other factors also apply. The maximum acreage within the Urban Mixed-Use District that may be utilized for the Office and Infill Commercial Subdistrict is 250 acres. Traditional Neighborhood Design Subdistrict: This is a "floating" Subdistrict, not confined for use within a specific portion of the Urban Mixed-Use Area. The purpose of this subdistrict is to encourage the development of Traditional Neighborhood Design (TND) projects. TND's are typically human-scale, pedestrian oriented, interconnected residential neighborhood projects that are centered around a village green with a mix of commercial uses including retail, office and civic amenities that complement each other. Residential uses may be located above retail uses. A grid pattern is the basis for the transportation network. The "main street" component of the TND is appropriately integrated within the TND and is sized in proportion to the scale of the project, with a maximum size of 15 acres of commercial permitted. An amendment to this Subdistrict was recently adopted, but is not yet effective, which would incorporate "smart growth" principles into the Subdistrict. Upon the effectiveness of this amendment, LDC standards are to be developed to regulate access, permitted uses, square footage and/or acreage thresholds, lot frontage dimensions, street widths, setbacks and other standards that are integral to this concept. Orange Blossom Mixed-Use Subdistrict: This Subdistrict applies to a specific geographic area, located in the vicinity of the intersection of Orange Blossom Drive and Airport-Pulling Road, in the north-central portion of the Coastal Urban Area. The purpose of this district is to allow for limited small-scale retail, office and residential uses, within a tree mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this subdistrict promotes small-scale mixed-use development with a pedestrian orientation, designed to serve the homes (both existing and future) in the immediate area. This Subdistrict is intended to serve as a prototype for future mixed-use nodes in other parts of the Urban Designation. Commercial uses within this Subdistrict are limited to those allowed in the C-l, C-2 and C-3 zoning districts, with certain exceptions. The Subdistrict allows residential development, subject to the Density Rating System. Rezoning is encouraged to be in the form of a PUD. The Subdistrict places limits on retail and office uses for any single development project. The Subdistrict also contains a number of zoning, landscaping and building design criteria. 1.5.H. 10 Goodlette/Pine Ridge Commercial Infill Subdistrict: This Subdistrict is located in the northeast quadrant of the intersection of Pine Ridge Road and Goodlette Road. It consists of approximately thirty-one acres. The intent of the Goodlette/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas. The Suhdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis has been placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Development intensity within this district is limited to single-story retail uses, while professional or medical related offices, including financial institutions, may occur in three-story buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this subdistrict. Retail uses are limited to a maximum of 125,000 square feet of gross leasable area on the south +23 acres. No individual retail tenant within the subdistrict may exceed 65,000 square feet of gross leasable area. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict: This Subdistrict is located in the northwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard. It consists of approximately 33.45 acres of land. The intent of this Subdistrict is to provide convenient shopping, personal services and employment for neighboring residential areas. The Subdistrict is intended to reduce driving distances for neighboring residents and to assist in minimizing impacts to the road network in this part of Collier County. This subdistrict is further intended to create a neighborhood focal point, and any development within this Subdistrict must be designed in a manner compatible with the existing and future residential and institutional development in this neighborhood. Development intensity for this Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area. Rezonings within the Subdistrict are encouraged to be in the form of a PUD zoning district. The PUD must contain development standards to ensure that all commercial uses will be compatible with neighboring residential and institutional uses. The Subdistrict does not permit residential uses. In addition to retail uses, financial institutions, business services, and professional and medical offices are permitted. Retail uses are limited to a single- story. Financial services and offices are limited to three stories. All principal buildings are to be set back a minimum of one foot from the Subdistrict boundaries for each foot of building height. Development within the Subdistrict is required to have common site, signage and building architectural elements. Projects must provide for potential interconnection with adjacent properties. A proposedoGMP amendment, currently under review, would expand the boundaries of this subdistrict further to the west. Henderson Creek Mixed-Use District: This +83-acre Subdistrict is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trial East). The purpose of this Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development, to serve the South 1.5.H. 11 Naples, Royal Fakapalm and Marco Island areas. The Subdistrict does not provide for community and neighborhood commercial uses. The focus of the Subdistrict's residential component is the provision of workforce housing to support surrounding commercial uses. The entire Subdistrict must be developed under a unified plan; this unified plan must be in the form of a PUD. For purposes of this Subdistrict, the term "regional commercial" is defined as: "Retail uses typically dominated by large anchors, including discount department stores, off-price stores, warehouse clubs, and the like, some of which offer a large selection in a particular merchandise category." These uses also typically utilize square footages ranging from 20,000 to over 100,000 square feet. Regional commercial uses generally have a primary trade area of 5 to 10 miles, with a typical store separation of 5 miles for any individual regional commercial business. Developments within this Subdistrict must meet specific requirements related to access, vehicular and pedestrian movement, roadway frontage, size of individual stores, zoning, size of anchor stores, specific uses allowed, residential design, landscaping and common architectural standards. Research & Technology Park Subdistrict: This is a "floating" Subdistrict, not confined for use within a specific portion of the Urban-Mixed Use Area. With somewhat different provisions, this Subdistrict may also be used within the Urban Commercial and Urban Industrial Districts. The Subdistrict is intended to provide for a mix of targeted industry uses - aviation/aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non-industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks are permitted to include up to 20% of the total acreage for certain non- target industry uses; and, up to 20% of the total acreage for workforce housing. Similarly, up to 20% of the total building square footage within the project, exclusive of square footage used for residential development, may contain non-target industry uses. At a minimum, 60% of the total park acreage must be devoted to specific target industry uses. Similarly, a minimum of 60% of the total building square footage for a park, exclusive of square footage used for residential development, must be devoted to target industry uses. The specific percentage and mix of each category of use must be determined at the time of rezoning in accordance with criteria specified in the LDC. The acreage and building square footage figures and percentages are to be included in the PUD ordinance so as to demonstrate compliance with this requirement. Relative to this Subdistrict, the target industries were identified by the Economic Development Council of Collier County (EDC). The specific target industries are: aviation/aerospace, health technology, and information technology. Permitted land uses may include: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export-based such as laboratory research or testing activities; light manufacturing 1.5.H.12 related to the aviation/aerospace and health and information technology industries; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. Non-target industry uses within this Subdistrict may include hotels, at a density consistent with the LDC, and those uses identified in the C-1 through C-3 zoning districts that provide support services to the target industries (e.g. general office, banks, personal and professional services, medical, financial and convenience sales, computer-related businesses and services, employee training, restaurants and corporate and government offices). When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District are permitted, provided that the total industrial acreage permitted within the Subdistrict is not greater than the amount previously zoned or designated industrial within the Urban- Mixed-Use District. When a Research and Technology Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses are limited to the above-referenced target industry uses. The PUD Ordinance or Rezoning Ordinance for a Research and Technology Park project must specifically list all uses to be permitted and the development standards proposed for the project. No proposed project utilizing this Subdistrict may be smaller than 19 acres in size. Buckley Mixed-Use Subdistrict: This Subdistrict is located on the west side of Airport-Pulling Road, directly south of the Mixed-Use Activity Center located at the intersection of Airport-Pulling Road and Vanderbilt Beach Road. The Subdistrict's purpose is to allow for limited small-scale retail, office and residential uses that are part of a true mixed-use development. The Activity Centers to the north and south provide for large-scale commercial uses, while this Subdistrict is intended to promote small-scale mixed use development with pedestrian orientation, designed to serve existing and future residential development in the immediate area. This Subdistrict is intended as an example for future mixed-use nodes, providing residents with a pedestrian scale development that reduces existing automobile trip lengths for small-scale commercial services. Commercial uses within the Subdistrict are limited to those allowed in the C-1, C-2 and C-3 Zoning Districts, with some exceptions. The development of this Subdistrict is governed by specific criteria related to: a unified development plan, retail and office square footage caps, a residential density maximum, lot coverage, a limitation on the amount of single story commercial buildings, common architectural themes, the timing of commercial development relative to residential development, integration of uses within the same structure, pedestrian movement, building footprint limitations, under-building parking, limitations to drive- through uses, a prohibition on gasoline service stations, landscaping and parking. The Buckley Mixed-Use Subdistrict is currently the last Subdistrict within the Urban- Mixed Use District. Following, the Urban-Mixed Use District is a description of the 1.5.H. 13 Density Rating System. In the FLUE, the system currently contains both density bonuses and a density reduction. Within the Urban Area, unless otherwise stated within specific Subdistricts, the base (or minimum) residential density (i.e., the number of units allowed per acre) is four units per gross acre and the maximum density is 16 units per acre. This system allows a residential project, or the residential portion of a mixed-use project, to request increased residential density, or to lose density if the project meets or does not meet certain criteria. There are six density bonus provisions. A project may be eligible for any number or combination of these bonuses (or not). The six bonus provisions are: 1. Conversion of Commercial Zoning: If the project includes conversion of commercial zoning which is not located within a Mixed-Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning, which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. 2. Proximity to Mixed-Use Activity Center or Interchange Activity Center: The FLUM contains residential density bands around certain activity centers. If the project is within one mile of a Mixed-Use Activity Center or Interchange Activity Center and is located within a residential density band, three residential units per gross acre may be added. The radius of the density band around a Mixed-Use Activity Center or Interchange Activity Center is measured as a radial distance of one mile from the center of the intersection around which the Mixed-Use Activity Center or Interchange Activity Center is situated. If 50% or more of a residential project is within the density band, the additional density applies to the gross acreage of the entire project. Density Bands are specifically designated on the FLUM and do not apply within the Estates Designation, the Traffic Congestion Area or the Coastal High Hazard Area (CHHA). 3. Affordable Housing: To encourage the provision of affordable housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Sectio~n 2.7.7 of the LDC, Ordinance #91- 102, adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, affordable housing projects must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. In addition, specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed, but only to a maximum of six residential units per gross acre. Additionally, the Affordable Housing Density Bonus may be utilized 1.5.H.14 within the Agricultural/Rural designation, as provided for in the RLSA, subject to the aforementioned Section 2.7.7 of the LDC. 4. Residential In-fill: To encourage residential in-fill in areas of existing urban development outside of the CHHA, a maximum of three residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size. (b) The project has central public water and sewer at time of development. (c) The project is compatible with surrounding land uses. (d) The property in question has no common site development plan with adjacent property. (e) There is no common ownership with any adjacent parcels. (f) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created before the adoption of this provision in the GMP on January 10, 1989. (g) Of the maximum three additional units, one dwelling unit per acre shall be transferred from RFMUD, Sending Lands. (h) Projects qualifying under this provision may increase the base density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Within one year, the County will adopt land development regulations to implement this "by right" Rural-to-Urban transfer process, subject to the above criteria, excluding (c). 5. Roadway Access: If the project has direct access to two or more arterial or collector roads as identified in the Transportation Element, one residential dwelling unit per gross acre may be added. Density credits based on future roadways will also be awarded if the developer commits to construct a portion of the roadway (as determined by the Transportation administrator) or the road is scheduled for completion during the first five years of the current Capital Improvement Schedule. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. 1.5.H.15 6. Transfer of Development Rights: To encourage preservation/conservation of natural resources, density transfers permitted as follows: (a) are (b) From RFMUD Sending Lands in conjunction with qualified infill development. (c) From RFMUD Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one unit per gross acre. Under the above provision, density may not be transferred from outside of the CHHA to lands located within the CHHA. Currently, the FLUE contains only one density reduction provision. This has to do with the "Traffic Congestion Area." This Area, as shown on the FLUM, consists of the coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (including an extension north to the Lee County border), Davis Boulevard, County Barn Road and Rattlesnake-Hammock Road consistent with the Mixed-Use Activity Center's residential density band located at the southwest quadrant of Rattlesnake-Hammock Road and Collier Boulevard. If the project is within the Traffic Congestion Area, defined as "an area identified as subject to long range traffic congestion," one dwelling unit per gross acre is deducted. Properties adjacent to the Traffic Congestion Area are considered as being within the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. As part of this EAR (see Section 2.32), staff evaluated the effectiveness of this provision. The Traffic Congestion Area Boundary Density Reduction Factor was intended as a means of reducing long-range traffic impacts of new development within the coastal urban area. As part of the EAR-based amendments, this reduction factor will be deleted and to replaced with a reduction factor relative to the. CHHA. Staff cites the following reasons for this recommendation: It is possible, through density bonuses, to counteract the loss of density caused by the Traffic Congestion Area Reduction Factor. For instance, use of the bonus provision for conversion of commercial zoning can allow a project to be eligible for the maximum allowable density of 16 units per acre. 1.5.H. 16 Within that portion of the Urban designated area subject to this Density Rating System, density may be increased above and beyond the density otherwise allowed by the Density Rating System in accordance with the TDR Section 2.2.24.11 of the LDC adopted by Ordinance #91-102, on October 30, 1991, as amended. 2. Historically, the majority of projects do not develop to their maximum approved density at any rate. 3. The County has adopted a "checkbook" concurrency system that, in many ways, obviates the need for the Traffic Congestion Reduction Factor. A CHHA density reduction factor would be more closely related to reduction of hurricane evacuation impacts and would not be as much of a disincentive to urban infill, as it would incorporate a smaller portion of the urban area. Following the density bonuses and reductions, a general density condition exists: "The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the urban designated area, except when utilizing the TDR Section 2.2.24.10 of the LDC adopted by Ordinance #91-102, on October 30, 1991, as amended." Following the above statement is the section of the FLUE that concerns Density Blending provisions. The introduction to this section reads as follows: "This provision is intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed-Use and Rural Fringe Mixed-Use Districts. In the case of such properties, which were in existence and under unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in aggregate may be distributed throughout the project, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted." Essentially, the provision allows a landowner that has property straddling two separate density zones to take the combined density of the two areas and spread this density across the entire property, if environmentally sensitive areas are preserved. The provision recognizes two types of density blending, based upon the location of the property relative to the Urban Designation and the RFMUD. The two types of density blending are: Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the RFMUD Neutral or Receiving Lands. 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub-District and RFMUD Sending Lands. The text outlines the conditions and limitations for each type of Density Blending. The BCC has only recently adopted LDC regulations for these provisions. Therefore, these provisions have not been reviewed for successes or shortcomings. 1.5.H.17 Following the Density Blending section, the FLUE's description of the Urban Designation continues with the discussion of the Urban Commercial District. This District accommodates primarily commercial zoning and a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. As part of the EAR-based amendments, both the Urban-Mixed Use District and the Urban Commercial District should be reformatted in order to separate true mixed-use subdistricts from those subdistricts that are primarily commercial in nature. Mixed-Use Activity Center Subdistrict: Areas contained within this Subdistrict are denoted as red squares around major intersections on the FLUM. Currently, there are 19 Mixed-Use Activity Centers, comprising approximately 3,000 acres, and including three Interchange Activity Centers (4, 9 and 10), which are discussed in a separate Subdistrict. Two former Activity Centers (19 and 21) were deleted and replaced by the land use designations identified in the Marco Island Master Plan and the FLUM. However, the MIMP's land use designations were rendered non-binding by the incorporation of the City of Marco Island (see Section 1.5.J, of this report). Section 2.30 evaluates the Mixed-Use Activity Center Concept to determine if it has been successful. The Mixed-Use Activity Center concept was designed to concentrate new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed-Use Activity Centers were originally intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the LDC - is determined during the rezoning process based on consideration of certain specific factors. The intent of the Mixed-Use Activity Center Subdistrict was to promote large-scale commercial development as part of a larger mixed-use project, such as a PUD or Development of Regional Impact (DRI). However, the development actually approved and constructed within the Subdistrict demonstrates a focus on commercial and sometimes industrial uses, to the exclusion of residential uses, with some exceptions. As part of the EAR-based amendments, it is recommended to amend the Subdistrict requirements to provide greater incentives for residential development. Interchange Activity Center Subdistrict: This Subdistrict is actually a subset of the Mixed-Use Activity Center Subdistrict. Interchange Activity Centers are designated on the FLUM at each of the three Interstate 75 interchanges and include numbers 4, 9 and 10 (Immokalee Road at 1-75, Pine Ridge Road at 1-75 and Collier Boulevard at 1-75, respectively). The boundaries of these Interchange Activity Centers are specifically defined in the FLUM. Any change to the boundaries of these Interchange Activity Centers requires an amendment to the FLUM. 1.5.H. 18 Like the Mixed-Use Activity Center Subdistrict, the Interchange Activity Center Subdistrict was intended to allow development of mixed-use PUD's or DRI's that included residential development. However, only one of the Interchange Centers has residential development and pm-dates the Activity Center designation - the Vineyards DRI. Due to their location adjacent to 1-75, the three aforementioned Activity Centers will probably never have residential development, and the County would not encourage such. Livingston/Pine Ridge Commercial Infill Subdistrict: This Subdistrict consists of two parcels; one parcel consists of 17.5 acres and is located at the southeast quadrant of Livingston Road and Pine Ridge Road. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. The intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surro, unding residential areas and to provide commercial services in an acceptable manner along a new collector roadway (Livingston Road). The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well-planned access points to improve current and future traffic flows in the area. The southeast parcel allows a combination of retail and office uses. The northwest parcel is restricted to office uses. There are specific requirements for development of each parcel. Business Park Subdistrict: This Subdistrict is equivalent to the Business Park Subdistrict within the Urban Mixed- Use District. Research and Technology Park Subdistrict: This Subdistrict is equivalent to the Research & Technology Park Subdistrict within the Urban Mixed-Use District. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict: This Subdistrict consists of 12.5 acres located on the west side of Livingston Road, south of Pine Ridge Road, and north of Eatonwood Lane. The Subdistrict allows professional and medical offices and indoor self-storage facilities to serve surrounding residential areas. The Subdistrict is designed to be compatible with neighboring commercial and residential uses. The maximum allowed developmen~ intensities include 91,000 square feet of professional or medical office use in buildings containing a maximum height of 35 feet, or 200,000 square feet of indoor self-storage area in buildings containing a maximum of three stories and at a maximum height of 50 feet. Development of storage requires a corresponding reduction in approved office use. 1.5.H.19 Livingston Road Commercial Infill Subdistrict: This Subdistrict consists of 6.0 acres, located on the west side of Livingston Road and south of Eatonwood Lane. The Subdistrict allows development of professional and medical offices to serve surrounding residential areas. Non-commercial indoor storage by occupants of the building(s) is also a permitted use. The Subdistrict is designed to be compatible with neighboring commercial and residential uses. The maximum allowed development is limited to 52,500 square feet of professional or medical office use in buildings containing a maximum of three stories, which could include two stories over parking, and at a maximum height of 50 feet. Following the Livingston Road Commercial Infill Subdistrict is the description of the Urban Industrial District. This District is located in six (6) specific portions of the Urban Designation and comprises about 2,200 acres. In addition to basic Industrial uses, limited commercial uses are also permitted. Stand-alone retail commercial uses are prohibited, but may be allowed as part of Industrial or Business Park uses. Certain pre-existing C-5, C-4 and PUD Commercial Zoning Districts, located along the perimeter of the designated Urban Industrial District are deemed consistent with this Land Use District. Industrially designated areas must have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. The six currently approved industrial areas are located: at the northeast corner of the intersection of Radio Road/C.R. 856 and Airport-Pulling Road/C.R. 31; immediately north of the Naples Municipal Airport, on the west side of Airport-Pulling Road; in the southwest quadrant of the intersection of Collier Boulevard/C.R. 951 and Davis Boulevard/S.R. 84 (immediately south of the Interchange Activity Center); in the northeast quadrant of the 1-75 interchange at Collier Boulevard (also adjacent to the Activity Center); at the northwest quadrant of the intersection of Airport-Pulling Road and Pine Ridge Road/C.R.896 (just west of the Mixed Use Activity Center); and on old U.S. 41, approximately one mile northeast of the intersection of the two 41s. The Urban Industrial District contains the Business Park and Research and Technology Park Subdistricts, similar to those described within the Urban-Mixed Use District. Following the Urban Industrial District is the Agricultural/Rural Future Land Use Designation. This area was the subject of the Rural and Agricultural Area Assessment. The Assessment was a land use study required by the Florida Administration Commission's Final Order AC-99-002, issued on June 22, 1999. The Assessment looked at five major portions of the County. From north to south, these areas are: Area I:All or part of ten sections, located within Township 47 South, Range 27 East, and located generally between the northernmost extension of Golden Gate Estates on the east and the Corkscrew Swamp Sanctuary and Corkscrew Regional Ecosystem Watershed Natural Resource Protection Area (CREW NRPA) on the west. 1.5.H~20 Area 2:AIl or part of eighteen sections, located in Township 48 South, Ranges 26 and 27 East, and located generally between Golden Gate Estates on the east, the CREW NRPA and Lee County on the north, and the Urban Designation on the west. This area also includes the greater portion of the Heritage Bay DRI (see below). Area 3:Also known as "North Belle Meade," this area is located within Township 49 South, Ranges 26 and 27 East, and is bordered by Golden Gate Estates on the east and north, and by the Estates and the Urban Designation on the west. Its southern boundary is 1-75. Area 4:Also known as "Belle Meade," this area is located within Townships 50 and 51 South and Ranges 26 and 27 East. Its eastern boundary is South Golden Gate Estates. The northern boundary is 1-75, and the western boundary is primarily the Urban Designation. The southern boundary consists of the Conservation Designation and Collier-Seminole State Park. Areas 1 through 4 eventually became known as the RFMUD. Area 5:The greater part of the area covered by Townships 46 through 49 South and Ranges 28 through 30 East, excluding the Immokalee Urban Area. Area 5 became known as the Eastern or Rural Lands Area. The Administration Commission's Final Order established interim development provisions in the Rural Lands Area until January 9, 2003, and in the RFMUD until July 23, 2003. Subsequent to the above-referenced dates, the GMP provisions for these two areas became effective. The interim provisions also applied to the Natural Resource Protection Areas (NRPA's) located within the Rural Lands and Rural Fringe Areas. However, these provisions were lifted at the time that each area's GMP provisions became effective. The Agricultural/Rural Designation contains four districts. Agricultural/Rural Mixed-Use District: The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, pro. vide for low-density residential development, as well as other uses identified under the Agricultural/Rural Designation. Rural areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of low intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed at a density of one unit per five gross acres, or one unit per legal parcel. The District also allows dormitories or staff housing for a conservation use, group housing or housing related to safety services and essential services. The District also allows farm labor housing and 1.5.H.21 ,.) sporting & recreation camps, subject to specific requirements. Finally, the District contains specific requirements for that portion of the Fiddler's Creek DRI that is within this District. However, upon the effectiveness of the RFMUD, this portion of the DRI became a part of the RFMUD's Neutral Lands. Therefore, the County recommends relocating this provision into that designation. Rural Commercial Subdistrict: This is the only subdistrict within the Agricultural/Rural District. Its purpose is to provide for limited stand-alone commercial development (a maximum of 200 acres). Commercial development within this Subdistrict cannot exceed an intensity of 10,000 gross square feet per acre with a maximum individual use size of 2.5 acres. Rural Fringe Mixed-Use District: The creation of this District resulted from the completion of the Rural & Agricultural Area Assessment (see above). Due to the fact that the BCC only adopted land development regulations for this District on February 10, 2004, staff did not evaluate the effectiveness of the Rural Fringe provisions. However, the following is a brief description of the District. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. As of the date of adoption of the District, the RFMUD consisted of more than 5,550 tax parcels and included at least 3,835 separate and distinct property owners. The purpose of the District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMUD allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way within this area and to protect private property rights, the RFMUD utilizes a TDR mechanism to direct intense development toward suitable areas. The primary purpose of the TDR process, as used within the RFMUD, is to establish an equitable method of protecting and conserving the most valuable environmental lands, while allowing property owners of such lands to recoup lost land value and development potential through an economically viable process of transferring such rights to more suitable lands. Within the RFMUD and within certain designated areas of the Agricultural/Rural Mixed Use District, residential density may be transferred from less developable lands (designated as Sending Lands) to lands considered more developable (designated as Receiving Lands). The RFMUD has no subdistricts. Instead, it has three sub-designations, dubbed "Sending Lands," "Neutral Lands," and "Receiving Lands." Receiving Lands are those lands considered as being most appropriate for development and to which residential 1.5.H.22 development units may be transferred from areas designated as Sending Lands. Based on data evaluated during the Rural & Agricultural Area Assessment (see above), Receiving Lands have much less environmental or listed species habitat value than areas designated as Sending Lands. Receiving Lands generally have been disturbed through previous development, and/or previous or existing agricultural operations. The District employs the TDR Program and other incentives to direct development into Receiving Lands and away from Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; specific density bonus incentives; and provisions for central sewer and water systems. Within the Receiving Lands, the following standards shall apply, except for those modifications that are identified in the North Belle Meade Overlay (see below): The base residential density for Receiving Lands is one unit per 5 acres (or one unit per legal parcel). However, the maximum density achievable through the TDR process is one dwelling unit per acre. Once this maximum density is achieved, a density bonus of no more than 10% of the maximum density per acre is allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements as set forth in Policy 6.1.2 of the Conservation and Coastal Management Element (CCME). This maximum density is exclusive of Density Blending provisions (see above). Units may only be transferred into Receiving Lands in whole unit increments. Permitted uses allowed within Receiving Lands are limited to: Agricultural, single- family dwelling units (including mobile homes in certain areas), multi-family structures, dormitories/duplexes related to staff housing, group housing, staff housing in support of safety services or essential services, farm labor housing, sporting and recreational camps, golf courses and driving ranges, subject to provisions incorporating Audubon International's Gold Signature Program and subject to either Density Blending or TDR provisions. Also permitted are zoos, aquarium, botanical gardens, public and private schools, facilities for the collection, transfer, processing and reduction of solid waste, community facilities, childcare facilities, cemeteries, social and fraternal organizations, sports instructional schools and camps, earth mining, oil extraction and related processing, asphalt and concrete batch-making plants and travel trailer recreational vehicle parks. Commercial and industrial uses are permitted as part of a proposed Rural Village (see below). All uses are subject to specific criteria. Neutral Lands allow limited, semi-rural residential development. Data derived from the Rural & Agricultural Area Assessment indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as Receiving Lands, but these values do not approach those of Sen~ling Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. A lower maximum gross density (one unit per 5 acres, with limited bonus provisions) is prescribed for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses permitted within Receiving Lands are not allowed in Neutral Lands. 1.5.H.23 Uses permitted within Neutral Lands include: agricultural uses; single-family residential dwelling units, including mobile homes in certain areas; dormitories, duplexes and other types of staff housing in support of conservation uses; group housing uses subject to density/intensity limitations; staff housing in support of safety service facilities and essential services; farm labor housing, limited to 10 acres in any single location; sporting and recreational camps; essential services; and golf courses and driving ranges, subject to Audubon International's Gold Signature Program; zoos, aquariums, botanical gardens, or other similar uses; public and private schools; facilities for the collection, transfer, processing and reduction of solid waste; community facilities, such as, places of worship, childcare facilities, cemeteries, and social and fraternal organizations; sports instructional schools and camps; and earth mining, oil extraction and/or related processing. All of these uses are subject to specific criteria. Sending Lands are those lands that have the highest degree of environmental sensitivity and generally include significant wetlands, uplands, and habitat for listed species. Sending Lands are the principal target, within the RFMUD, for preservation and conservation. Private property owners of lands designated as Sending Lands may transfer density to Receiving Lands, and to certain lands within the Urban Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the RFMUD that have a NRPA Overlay are designated as Sending Lands. Dwelling units may be transferred from Sending Lands at a maximum rate of one dwelling unit per five acres. Transfers may only occur in whole number increments (fractional transfers are prohibited). In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than five acres in size, one dwelling unit may be transferred from said lot or parcel. There are some limitations and restrictions upon the use of the TDR process, based upon land use and whether the Sending property is owned by, or a public entity or private, nonprofit corporation holds an easement. Permitted uses are limited to the following: agricultural uses consistent with Chapter 823.14(6) F.S. (Florida Right to Farm Act); detached single-family dwelling units, including mobile homes in certain areas, at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999; habitat preservation and conservation uses; passive parks and passive recreational uses; sporting and Recreational camps; essential services necessary to serve other permitted uses; essential services necessary to ensure public safety; and, oil extraction and related processing. All of these uses are subject to specific criteria. Certain conditional uses are also allowed in Sending Lands. Once a landowner of Sending property has transferred and/or built all of his residential units, the uses allOwed on Sending Lands decrease. In such circumstances, Sending Lands permit the following land uses: agricultural uses consistent with Chapter 823.14(6) F.S., including water management facilities, to the extent and intensity that such operations existed at the date of final transfer of development rights; cattle grazing on unimproved pasture where no clearing is required; detached single-family dwelling units, including mobile homes in certain areas, at a maximum density of one dwelling unit per 1.5.H.24 40 acres, provided that the landowner has retained one unit for himself or herself; one detached dwelling unit, including mobile homes in certain areas, per each preexisting lot or parcel of less than 40 acres, provided that the landowner has retained one unit for himself or herself; habitat preservation and conservation uses; passive parks and passive recreational uses; essential services as authorized in Sending Lands; and, oil extraction and related processing, excluding earth mining. Following the discussion of provisions relative to Sending Lands is a section outlining "Additional TDR Provisions." This section requires the County to amend its LDC to establish the TDR Program. The BCC adopted a TDR Program into the LDC on February 11, 2004. To maintain and enhance the character of the RFMUD, the next section involves the adoption of land development regulations to establish buffering standards for developments adjacent to existing or proposed arterial and collector public roadways. Rural Villages: Rural Villages may be approved within the RFMUD to: maximize the preservation of natural areas and wildlife habitat; to reduce the need for residents of the District and surrounding lands to travel to the Urban Area for work, recreation, shopping, and education; and, to enhance the provision of limited urban and rural levels of service through economies of scale. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one-quarter mile of Neighborhood Centers. Neighborhood Centers may include small- scale service retail and office uses, and shall include a public park, square or green. Village Centers shall be designed to serve the retail, office, civic, government and service needs of the residents of the village. The Village Center shall be the primary location for commercial uses. Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between villages and the low density rural development, agricultural uses, and conservation lands that may surround the village. Villages shall be designed to include the following: a mixture of residential housing types; institutional uses; commercial uses; and, recreational uses, all of which shall be sufficient to serve the residents of the Village and the surrounding lands. Exemptions from the Rural Fringe Mixed Use District Development Standards The requirements of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be 1.5.H.25 deemed consistent with the Goals, Objectives and Policies and for the RFMUD, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the RFMUD as long as they do not result in an increase in development density or intensity. Rural - Industrial District The Rural - Industrial District, encompassing approximately 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subject to the Interim Development Provisions. Industrial uses and limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed industrial land uses and shall continue to be regulated by all applicable federal, state and local laws. Rural - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East that was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in the SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the GGAMP for permitted uses and standards. Estates Designation The Estates Land Use Designation encompasses lands subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from supportive services and facilities. Expansion of the area shall be discouraged. Pursuant to Policy 4.1 of the Future Land Use Element, the BCC adopted the GGAMP encompassing the Estates Designation on February 5, 1991. Refer to the GGAMP for development standards regarding specific land uses. 1.5.H.26 Conservation Designation The purpose of the Conservation Designation is to conserve and maintain the natural resources of the County and associated environmental, recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. Natural resource protection strategies and standards for development in the Conservation Designation are found in the CCME and the LDC. The Conservation Designation will accommodate limited residential development and future non-residential uses. OVERLAYS AND SPECIAL FEATURES Area of Critical State Concern Overlay The 1974 Florida Legislature established the Big Cypress Area of Critical State Concern (ACSC). This area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland) on the FLUM. Chokoloskee is excluded from the ACSC. Development orders within the ACSC shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". North Belle Meade Overlay The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for in Receiving, Neutral, NRPA and non-NRPA Sending Lands. Development and preservation standards are detailed within the FLUE. Natural Resource Protection Area Overlay The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect endangered or potentially endangered species and to identify large connected intact and relatively unfragmented habitats that may be important for these listed species. NRPA's may include major wetland systems and/or regional flow-ways. These lands generally should be the focus of any federal, state, County or private acquisition efforts. NRPA's that are located in the RFMUD, or on nearby or adjacent Conservation Designated Lands are identified as Sending Lands. Private property owners within these NRPA's may transfer residential development rights from these important environmentally sensitive lands. 1.5.H.27 ..j Rural Lands Stewardship Area Overlay (RLSA) It is the intent of the RLSA is to protect natural resources and retain viable agriculture by promoting compact, rural mixed-use development as an alternative to low-density single use development. A system of compensation is available to private property owners for the elimination of certain land uses in exchange for transferable credits that can be used to entitle such compact development. The RLSA consists of one Goal and several policies. The RLSA was formerly adopted by the BCC on October 22, 2002. Subsequent LDC regulations were then adopted to govern the District. Since the RLSA is relatively novel to the County, staff has not had the opportunity to perform a comprehensive assessment related to the Goals, Objectives or Policies contained within the RLSA. Airport Noise Area Overlay 'wÌ The Naples Airport Authority developed a Noise Compatibility Plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 60, 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the FLUM reflects the 60 Ldn contour, the least severe impact of these four noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 60 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the LDC contains an Airport Overlay District that regulates development near the Naples Municipal Airport. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, as depicted on the FLUM, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the BCC on March 14, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives to encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Urban-Rural Fringe Transition Zone Overlay v This area consists of Sections 13, 14,23 and 24, Township 48 South, Range 26 East, and overlaps the Urban and Agricultural/Rural boundary, north of the intersection of Immokalee Road and County Road 951. The area is under common ownership and, through comprehensive planning, may resolve potential local land use conflicts and 1.5.H.28 J provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt change from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection, a total of + 1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north and are contiguous to wetlands proposed for the Cocohatchee West Flow-way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed-Use Activity Center quadrant designated within this Section. Sections 13, 14 and 24 in the contain large wetland areas in the north and are contiguous to wetlands proposed for the Cocohatchee West Flowway and are slated for acquisition by the CREW. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed-Use Activity Center quadrant designated within this Section. J v 1.5.H.29 1.5.1: Brief Assessment of Successes & Shortcomings - Golden Gate Area Master Plan Element BCC/CCPC Evaluation and Appraisal Report Joint Workshop April 20, 2004 1.5.1: Brief Assessment of Successes & Shortcomings - Golden Gate Area Master Plan Element A. Introduction & Background: The Golden Gate Area Master Plan (GGAMP) is an "optional element," under Section 163.3177(7), Florida Statutes. As such, there are no specific criteria to guide the format and purposes of this Element. The Golden Gate Area Master Plan was originally developed, as mandated by (1988) Policy 4.1 of the Future Land Use Element of the Collier County Growth Management Plan. The original policy stated: "A detailed sector plan for Golden Gate Estates shall be developed and incorporated into the Growth Management Plan by August, 1991. The sector plan shall address Natural Resources, Future Land Use, Water Management, Public Facilities, and other considerations. " As a result of Policy 4.1, the Board of County Commissioners established the ~G01den Gate Master Plan Citizens Steering Committee," comprised of nine (9) citizens from the Golden Gate Area. The purpose of the Steering Committee was to help staff develop the Golden Gate Area Master Plan. The Committee and staff began meeting in October of 1988. The final meeting of the Steering Committee was in November of 1989. The Steering Committee's role was to help staff identify issues and concerns and to propose alternative courses of action. A total of 18 meetings between staff and the Committee were held. Staff and the Committee identified and refined the provisions within the GGAMP that differ from the provisions in the Future Land Use Element. Such provisions include those having to do with Conditional Uses, Commercial Uses in the Estates, Commercial Uses along the Collier Boulevard corridor, and Commercial Uses in Golden Gate City. After developing alternative solutions to address the identified issues, the staff and Steering Committee held two public workshops, on May 23, 1989, and May 25, 1989. The workshops were designed to outline the issues and detail the Committee's proposed alternatives. To further public awareness and input, Comprehensive Planning staff developed a brochure detailing the issues and alternatives. The brochure contained a mail-back questionnaire to allow the citizens of Golden Gate to identify preferred alternatives. After the workshops, the Steering Committee and staff met to finalize the recommendations. The eventual result of the Steering Committee's deliberations was the original Golden Gate Area Master Plan, adopted by the Board of County Commissioners in February of 1991. In 1996, baseclupon recommendations contained in Collier County's adopted Evaluation and Appraisal Report (EAR), staff initiated amendments to the Golden Gate Area Master Plan. Unlike the 1989 - 1991 process, the process initiated in ] 996 did not involve an advisory committee specific to the Golden Gate Area. Instead, the proposed GGAMP -- 1.5.1.1 amendments were formulated and reviewed by staff, aided by an Evaluation & Appraisal Report Advisory Committee, which also helped staff formulate and review amendments to other Elements of the Growth Management Plan. The amendments involved the creation of, or revisions to, subdistricts within Golden Gate City and the Urban Estates area, the adoption of a new Goal area and Overlay District for Southern Golden Gate Estates, and revisions to the Neighborhood Center Subdistrict of the Estates-Mixed Use District. Based upon the EAR recommendations, in October of 1997, the Board of County Commissioners adopted a new Ordinance enacting the revised Master Plan. In February of 2001, the Board of County Commissioners directed Comprehensive Planning staff to begin the process of updating the Golden Gate Area Master Plan. In June of 2001, at staff request, the Board authorized the creation of the "Golden Gate Area Master Plan Restudy Committee" to aid staff in updating the GGAMP Initially, the Restudy Committee was authorized for one (1) year. However, in June of 2002, the Committee's appointment was extended for a second year In total, staff and the Restudy Committee met on thirty-one (31) occasions, between July of 2001 and June of 2003. The majority of meetings had some public attendance. Several were very well attended, The Restudy Committee considered a variety of issues and topics related the Golden Gate Area, nearby areas, and Collier County in general. B. Objectives Analysis: OBJECTIVE 1.1: Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders effective with the adoption of this Master Plan. Standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts are identified in the Land Use Designation Description Section of this Element. Obiective Achievement Analysis: This Objective is the means through which the Golden Gate Area Master Plan's Future Land Use Designations are tied to the Goals, Objectives aÚd Policies of the Master Plan. The Future Land Use Designation Description Section, itself, is contained in a separate portion of the Implementation Section of the Element. Most major land use requirements within the Implementation Section are actually contained within the Land Use Designation Description text and are tied directly to the specific Future Land Use Designations, as reflected on the Golden Gate Area Future Land Use Map, The Objective serves to provide a listing of the various designations and as a place to state requirements or provisions that apply \0 the entire Element. 1.5 L? Policy Relevance: Policy 1.1.1 contains the Future Land Use Districts and Subdistricts for the Urban portion of the Golden Gate Future Land Use Map (Golden Gate City and specific portions of the Estates west of Collier Boulevard). Policy 1.1.2 contains the Future Land Use Districts and Subdistricts for the Estates portion of the GOlden Gate Future Land Use Map (the remainder of the Estates, including Southern Golden Gate Estates). Policy i. 1.3 contains language regarding the Settlement Area District, comprised of the Orangetree PUD. Within Objective 1.1 are also three policies that together regulate all proposed land uses within the Golden Gate Area. Policy 1.1.4 requires conditional use requests to adhere to the criteria contained within the Conditional Use Description Section of the plan. Poligy 1.1~5 requires that "Conditional use requests shall be approved by the Board of County Commissioners by a Super Majority (4/5) vote." Finally, Policy 1.1.6 requires all new development orders to be consistent with the provisions of the GGAMP. OBJECTIVE 1.2: Ensure public facilities are provided at an acceptable level of service. Objective Achievement Analysis: All the policies within this objective relate to public facilities. The Objective as a whole should be retained. However, certain policies within the Objective should be revised or deleted. Policy Relevance: Policy 1.2.1 requires proposed land uses to meet concurrency requirements. All rezone requests or comprehensive plan amendments (relative to land use) are subject to this policy, Policy 1.2.2 requires the GGAMP to be updated annually to reflect public facility improvements. This policy has not been followed. The GGAMP does not, as a rule, track public facility improvements~ This is done through the Capital Improvement Elements 5-year schedule of capital improvements (which, is updated annually) and through the County's Annual Update and Inventory Report (AUIR) process. Therefore, staff recommends that this policy be deleted, Policy 1.2.3 requires the County Transportation Department to "explore alternative financing methods to accelerate paving of lime-rock roads in the Estates." Transportation Staff believes that this policy is still applicable and should be retained. Policy 1.2.4 requires Florida Cities Water Company (a private utility providing service to portions of Golden Gate City) to provide its annual service data to Collier County Public Utilities. Policy 1.2.5 encourages the company to expand to encompass all of Golden Gate City. These two policies remain relevant. Policy 1.2.6 requires the Golden Gate Fire District to investigate the possibility of establishing drafting stations on some of the area's many canals. The upcoming Golden Gate Area Master Plan Phase II Amendments will recommend deletion of' this policy. 1.5.1.3 OBJECTIVE 1.3: The County shall continue to protect and preserve the valuable natural resources within the Golden Gate study area. Objective Achievement Analysis: Objective 1.3 contains the policies related to the preservation of natural resources in the Golden Gate Area. During the Golden Gate Area Master Plan Restudy process, the County's Restudy Committee rejected both the adoption of a separate Goal Area for natural resources and any major changes to this Objective. The County's Conservation & Coastal Management Element (CCME) contains natural resource protection requirements for the entire County, including area covered by the Golden Gate Area Master Plan. Therefore, staff recommends revising Objective 1.3 to refer to the appropriate CCME criteria. Policy Relevance: Policy 1.3.1 requires County Planning and Development Review staffs to coordinate with environmental agencies when undertaking planning and permitting activities° This policy should be retained. Policy 1.3.2 ties the periodic update of the GGAMP to past changes to the County's natural resources programs. The upcoming Golden Gate Area Master Plan Phase II Amendments will recommend deletion of this policy. OBJECTIVE 1.4: Provide a living environment, which is aesthetically acceptable and enhances the quality of life. Objective Achievement Analysis: Objective 1.4 deals with aesthetics and the quality of life of areas residents. It contains only 1 policy, Policy 1.4.1, which deals with code enforcement concerns. Staff recommends that Objective 1.4 be retained. Policy Relevance: Staff recommends that Policy l.4.1 be retained, OBJECTIVE 2.1: hnmediately upon adoption of this Objective public infrastructure will be handled by the following policies. 15.I.4 Objective Achievement Analysis: Objective 2.1 concerns public infrastructure within the Southern Golden Gate Estates State Lands. purchase area. It is part of a larger Goal Area that defines how the County will perform minimal maintenance duties within the purchase area and how land use requests within the area will be reviewed. Staff recommends that the Objective be retained until such time as Southern Golden Gate Estates has been completely purchased by the State. Policy Relevance: Policy 2.1.1 commits the County to minimal road maintenance activities within Southern Golden Gate Estates (SGGE). Policy 2.1.2 states that public sewer and water will not be expanded into the SGGE. Policy 2.1.3 states that special taxing districts, for infrastructure provision shall not be created in the SGGE. Policy 2.1.4 adopts the provisions of the Big Cypress Area of Critical State Concern (ACSC) for those portions of the SGGE within the ACSC boundary. At this time staff does not recommend amending any of these policies. OBJECTIVE 2.2: In order to further its goal of protecting this area of special environmental sensitivity, the County will coordinate with DEP in an effort to assist the State's acquisition of privately owned property within SGGE to the extent consistent with the recognition of existing private property rights. Objective Achievement Analysis: This Objective is part of the same Goal Area as Objective 2.1, above. It requires the County to coordinate with the Florida Department of Environmental Protection (FDEP) in an effort to assist the State purchase process. For the most part, the Objective and its policies have been followed by County staff and should be retained. Policy Relevance: Objective 2.2 requires the County to coordinate with the Florida Department of Environmental Protection (FDEP) in an effort to assist the State purchase process. Policy 2.2.1 requires the County to refer land sales or donation enquiries within the SGGE to FDEP. Policy 2.2.2 establishes a Counly liaison position between the public and FDEP, regarding the State purchase program in Southern Golden Gate Estates. No such staff person has ever been designated. However, liaison with FDEP has occurred on a project- by-project basis as necessary during development review. Therefore, staff recommends deletion of this policy. Policy 2.2.3 establishes development review procedures for proposed land uses within the SGGE. County staff has adhered Io these procedures. 1.5.1.5 OBJECTIVE 2.3: In order to further this Goal, Collier County recognizes the DEP's Work Plan and time frames for completion of the reappraisal and purchase of lands in SGGE as follows: · Reappraisal of lands by December 1998, using the Uniform Standards of Professional Appraisal Practices, without limiting conditions. Complete purchase of the SGGE project by December 31, 2000. Objective Achievement Analysis: This Objective refers to a Florida Department of Environmental Protection purchase schedule that was not met. Also, the Objective, as worded, has little or no effect, as the County cannot impose standards on the State. Therefore, staff recommends that this Objective be deleted. Policy Relevance: Policy 2.3.1 requires the County to delete the SGGE from the County's Future Land Use Maps at such time as the State purchase is completed or nearing completion. The County would have to do this at any case. Staff recommends deletion of this policy° OBJECTIVE 3.1: The placement and designation of Neighborhood Centers within Golden Gate Estates shall meet locational and rural design criteria, to be established as part of the Phase II Golden Gate Area Master Plan Restudy Amendments, to be transmitted during the 2003 Plan Amendment Cycle. Additional Objectives will also be included in this amendment package. Objective Achievement Analysis: This Objective was adopted in 2003 as a result of the Phase I Golden Gate Area Master Plan Restudy Amendments. It is part of a new goal area dealing with commercial uses within the Estates. Staff is proposing to add additional policies to this Objective as part of the Phase [1 Restudy Amendments. Objective 3.1 requires the Neighborhood Commercial Centers within Golden Gate Estates to meet certain design and locational criteria, to be transmitted during 2004. Policy Relevance: Policy 3.1.1 requires the Neighborhood Centers to be consistent with criteria contained within the GGAMP's Future Land Use Designation Section. The proposed Phase II Amendments would expand upon these criteria. LAND USE DESIGNATION DESCRIPTION SECTION: This section describes the three land use designations shown on the Golden Gate Area Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or in special studies completed for the County. The plan's Land Use Designation Description Section follows the Goals, Objectives and Policies of the GGAMP. The Section divides the Golden Gate Area into three major geographic Future Land Use Designations, reflecting the divisions shown on the Golden Gate Area Future Land Use Map. These three divisions are: the Urban Designation, the Estates Designation and the Agricultural/Rural Designation. Within each designation are one or more "Districts." Districts may have one or more Subdistricts. Urban Designated Areas on the Golden Gate Future Land Use Map include two general portions the Greater Golden Gate Area: those areas with the greatest residential densities and areas in close proximity to the residential concentration areas, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated areas accommodate the majority of population growth and that new intensive land uses be located within them. This is similar to the concept behind the Urban Designation within the Countywide Future Land Use Element. There are two Districts within the Urban Designation of the GGAMP: the Urban Mixed Use District and the Urban Commercial District. The Urban Mixed Use District is intended to accommodate a variety of residential and commercial land uses including single-family, nmlti-family, duplex, and mixed use (Planned Unit Developments). The Urban Commercial District is comprised of various commercial mixed-use subdistricts, all located within either Golden Gate City or the western-most portions of Golden Gate Estates. Within the Urban Mixed Use District are two residential subdistricts: the Urban Residential Subdistrict and the High Density Residential Subdistrict. The Urban Residential Subdistrict includes most of Golden Gate City. The High Density Residential Subdistrict is comprised of a specific portion of Golden Gate City, adjacent to the intersection of Golden Gate Parkway and Coronado Parkway. Although primarily residential in nature, both of these Subdistricts contain some comn-tercial or commercially zoned parcels, 1.5.1.7 Under the Urban Residential Subdistrict is a description of the County's Density Rating System, as applied to the Urban designations within the Golden Gate Area Master Plano The Base Urban Density is four (4) units per acre and the density may not exceed 16 units per acre. All of the Density Rating System (DRS) provisions within the GGAMP are bonuses. There are no density reduction factors. DRS provisions do not apply to any lands within the Estates Designation. Within the Urban Commercial District are seven (7) subdistricts. Two new subdistricts will be proposed within the Golden Gate Area Master Plan Restudy Phase II Amendments, scheduled to be transmitted to the Florida Department of Community Affairs (DCA) in April 2004 (see below). The description of the seven (7) existing Subdistricts follows: The Activity Center Subdistrict includes an area of Golden Gate Parkway, adjacent to its intersection with Coronado Parkway. Land uses within the Activity Center are primarily commercial in nature; however, residential uses are allowed subject to the DRS. The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. This is the same concept as used for the corresponding subdistrict within the Countywide FLUE. The Golden Gate Urban Commercial Infill Subdistrict includes a single parcel located at the southwest quadrant of C.R. 951 (Collier Boulevard) and Golden Gate Parkway. It was formerly part of a larger Subdistrict (see the Golden Gate Estates Commercial Infill Subdistrict, below) that was broken up by an amendment approved in 2003. Due to the existing zoning and land use pattern in proximity to the Commercial In-fill Subdistrict and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses within this subdistrict are limited to two (2) types of land uses: (1) Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and (2) Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of atttomobile traffic. These uses shall be similar to C-l, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code. The Commercial Under Criteria Subdistrict is intended to allow commercial infill development within certain portions of Golden Gate City where parcels suitable for infill exist. The subject parcels must already be substantially zoned or developed for commercial uses. The parcels must also meet certain specific size and localional criteria. The Interchange Activity Center Subdistrict, as used in the Golden Gate Area Master Plan, actually refers to Activity Center #9 (1-75 at Pine Ridge Road), as referenced within the Countywide FLUE. This Center is subject to the provisions of the FLUE, and not to the GGAMP. The Center is referenced within the GGAMP due to the interwoven nature of Estates-designated areas and Urban-designated areas in the vicinity of the Interchange. The Pine Ridge Road Mixed Use Subdistrict is located on the north side of Pine Ridge Road, between the western border of the Interchange Activity Center and Livingston Road. The Subdistrict was expanded to the Livingston Road right-of-way in 2003. Prior to that time, it did not reach that far to the west. The intent of the Pine Ridge Road Mixed Use Subdistrict is to provide for a mix of both retail and office uses to provide for shopping, and personal services for the surrounding residential areas within a convenient travel distance, and to provide commercial services in an acceptable manner along a collector roadway, Livingston Road. The entire Subdistrict comprises 16.23 acres. The Santa Barbara Commercial Subdistrict currently consists of a single strip of "plex-style" residential development, located along the east side of Santa Barbara Boulevard, in Golden Gate City, between 27th Court, SW and 22nd Place, SW. The subdistrict requires conversion of this area to commercial uses by 2009. The GGAMP Restudy Phase II Amendments, to be transmitted in April 2004, will propose expansion of this subdistrict one block to the east. The intent of this Subdistrict (Map 7) is to provide Golden Gate City with additional opportunities for small-scale commercial development. Such development is intended to serve the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, lin'fit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. The Golden Gate Parkway Professional Office Commercial Subdistrict covers a one- lot-deep area, on both sides of Golden Gate Parkway, between Santa Barbara Boulevard and 50m Terrace SW, in Golden Gate City. The provisions of this district (see Map 8) are intended to provide Golden Gate City with a viable Professional Office Commercial District with associated small-scale retail uses. The uses permitted within this district are generally low intensity, office development, associated retail uses, and COlnmunity facility uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential USES. The Estates Designation encompasses the major part of Golden Gate Estates. It includes areas located both north and south of Interstate 75 -- "Alligator Alley." The area south of 1-75, known as South Golden Gate Estates~ is to be deleted from the County's Future Land Use Maps (as a subdivision) at such time as the State land purchase program has been completed. Low-density selni-rural residential lots with limited opportunities characterize this designation for other land uses. Typical tots are 2.25 acres m size, However, there are some legal non-conforming lots as small as 1.14 acres. There are aisc) 1.5,1.9 a few very large lots, ranging from 5 acres to more than 40 acres. Intensifying residential density shall not be permitted. The Estates Designation also accommodates future non- residential uses including: conditional uses and essential services as defined in the Land Development Code, parks, open space and recreational uses, group housing, subject to the definitions and regulations as outlined in the Collier County Land Development Code and as consistent with State requirements, and schools and school facilities in the Estates Designation north of 1-75, and where feasible and mutually acceptable~ co-located with other public facilities, such as parks, libraries and community centers~ Within the Estates Designation is a single district, the Estates-Mixed Use District. Within this District are six (6) subdistricts and a single overlay. The Residential Estates Subdistrict encompasses all residential uses within the Estates- Mixed Use District (except for the area within the Overlay (see below)). Single-family residential development may be allowed within the Estates Mixed Use District at a maxin-mm density of one unit per 2~A gross acres unless the lot is considered a legal non- conforming lot of record. Note that all legal parcels larger or smaller than 2.25 acres are considered legal non-conforming lots of record." Therefore, no parcel within the Estates is permitted more than one primary residential unit. Guesthouses may be permitted on larger parcels, subject to certain specific Land Development Code criteria. The Neighborhood Centers Subdistrict consists of four (4) separate intersections, within North Golden Gate Estates, where commercial and other non-residential uses are allowe& Note that the GGAMP Future Land Use Map does not allow commercial uses except in specific designated areas, or areas where these uses existed (or had approved zoning) prior to the adoption of the 1989 Growth Management Plan. The purpose of the Neighborhood Centers Subdistrict is to provide basic goods, services and amenities to Estates residents. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. Prior to 2003, there were only two designated Neighborhood Centers. However, during 2003 two new Centers were designated and the designation for the two existing Centers was expanded. The GGAMP Restudy Phase II Amendments contain proposals that would establish architectural and landscaping guidelines for Neighborhood Centers° The Randall Boulevard Commercial Subdistrict consists of two parcels located at the southernmost quadrant of the intersection of Immokalee Road (C.R. 846) and Randall Boulevard, This subdistrict allows for certain specific commercial uses, sub~iect to buffering criteria. The Commercial Western Estates lnfill Subdistrict was created during 2003, as part of the Golden Gate Area Master Plan Restudv Phase I Amendments. The subdistrict consists of a single 6.23-acre parcel, located at the southwest corner of Vanderbilt Beach Road and Collier Boulevard (C.R. 951). The purpose of the Subdistrict is to allow for limited commercial and/or medical office uses, in recognition of the subject property's unsuitability for single-family residential develop~nem Uses ~tllowed within this 1.5.I. 10 subdistrict shall be those office uses, medical uses, and financial institutions permitted whether by right or by conditional use, within the C-1 zoning district, as contained in the Collier County Land Development Code. The Conditional Uses Subdistrict includes all conditional uses and essential services within Golden Gate Estates (except for the area within the Overlay (see below))~ The Subdistrict is divided into four sets of geographic-based criteria and a list of special exceptions. All proposed conditional uses within the Estates must meet one of the four sets of criteria or be one of the special exceptions in order to be approved. The Southern Golden Gate Estates Natural Resource Protection Overlay encompasses that part of Golden Gate Estates (generally known as South Golden Gate Estates) located south of the east-west portion of 1-75. This area is in the process of being acquired by the Florida Department of Environmental Protection as part of a planned State Forest. Within this portion of the Estates, only agriculture and directly related uses and one single family dwelling unit per parcel or lot, created prior to June 22, 1999, is allowed. At such time as the State has acquired all of the legal parcels within South Golden Gate Estates, both the Overlay and the subdivision will be deleted from Collier County Future Land Use Maps, and the State Forest shown in its place. The Golden Gate Estates Commercial Infill Subdistrict consists of two separate parcels located at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway, and the southwest corner of Green Boulevard and Collier Boulevard (C.R 951). Prior to 2003, this subdistrict was part of a larger subdistrict (see the Golden Gate Urban Commercial Infill Subdistrict, above)~ In December of 2003, this larger subdistrict was broken into two new subdistricts, one within the Estates Designation and one within the Urban Designation. Due to the existing zoning and land use pattern in proximity to the Estates Commercial In-fill Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses are subject to certain limitations. The parcel located at Santa Barbara Boulevard and Golden Gate Parkway is further limited by a requirement that restricts land uses to office development. Within the Golden Gate Area Master Plan, the Agricultural/Rural Designation is comprised of a single district, the Settlement Area District, This District, formerly known as North Golden Gate City, consists solely of the Orangetree Planned Unit Development (PUD). It is identical to the "Rural Settlement Area District" of the Countywide Future Land Use ElemenL Its land uses are governed by the terms of a lawsuit settlement agreement, signed on January 27, 1986~ Due to this Settlement, Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested" for the project. Total approved/vested uses include residential, earth mining, commercial, agricultural, community facility, COlnnmnity uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses, 1.5.I.11 Section Relevance: Staff is recommending that the Urban Designation within the GGAMP's Future Land Use Designation Section be reformatted to clarify the distinctions between the Urban Mixed Use and Urban Commercial Districts. Also, the Interchange Activity Center and Pine Ridge Road Mixed Use Subdistricts will be relocated into the Estates Designation, as the Urban Designation was originally intended to refer solely to Golden Gate City. C. General Recommendations: A synopsis of the adopted Phase I Restudy Amendments and the proposed Phase II Amendments are contained in Section 2.31~ Antiquated Subdivisions. Due to the timeliness of the upcoming Phase II Amendments, staff is recommending that the needed changes identified within this Section of the EAR Report be included in the Golden Gate Area Master Plan Phase II Amendments, and not within the EAR-based amendments. 1.5.I. 12 1.5.J: Brief Assessment of Successes & Shortcomings - Immokalee Area Master Plan Element A. Introduction & Background: The Immokalee Area Master Plan (GGAMP) is an "optional element," under Section 163.3177(7), Florida Statutes. As such, there are no specific criteria to guide the format and purposes of this Element° The hnmokalee Area Master Plan was originally developed, as mandated by (1988) Policy 6.4 of the Future Land Use Element of the Collier County Growth Management Plan. Work on the original Master Plan began with the appointment of a Technical Advisory Committee in November 1988. An initial public workshop was held in February 1989, and subsequent informational workshops were held periodically, thereafter. The Collier County Board of County Commissioners adopted the Immokalee Area Master Plan, as an element of the County's Growth Management Plan, on February 5, 1991. The first set of amendments to the plan, involving changes to both the text and the Immoka]ee Future Land Use Map, were adopted in 1993. In 1996, based upon recommendations contained in Collier County's adopted Evaluation and Appraisal Report (EAR), staff initiated amendments to the Immokalee Area Master Plan. Unlike the 1988 - 1991 process, the process initiated in 1996 did not involve an advisory committee specific to the hnmokalee Area. Instead, the proposed lAMP amendments were formulated and reviewed by staff, aided by an Evaluation & Appraisal Report Advisory Committee, which also helped staff formulate and review amendments to other Elements of the Growth Management Plan. The EAR-based amendments affected virtually the entire hnmokalee Area Master Plan, including the [mmoka]ee Area Future Land Use Map. Various subdistrict boundaries were revised and two new subdistricts were created° Based upon the EAR recommendations, in October of 1997, the Board of County Commissioners adopted an Ordinance enacting the revised Master Plan. Currently, staff is working with a second advisory Committee, the Immokalee Area Master Plan Ad Hoc Committee, to review proposed changes to the Immokalee Area Master Plato B. Objective Analysis: GENERAL: The Goal, Objective and Policy numbering system used within the hnmokalee Area Master Plan use Roman Numerals to denote the Goals. This system dates back to the 1989 Growth Management Plan (GMP) and is no longer used in the majority of the County's GMP Elements and sub-elements, Therefore, the County will recommencl (in the EAR-based amendments) that the lAMP's Inumbering ~,¥stcm be retbrmatied tot consistency with the rest of the ©MP, Although there are seven goal areas within the Immokalee Area Master Plan, the last Goal is denoted as VIII. This misnumbering was apparently a result of the 1997 EAR- based Amendments and was never corrected. This Goal will be changed to VII as part of the EAR-based amendments. OBJECTIVE 1.1: Provide accurate annual estimates of the housing units and the population residing in the Immokalee community. Objective Achievement Analysis: Objective 1.1 contains policies that outline the methodology for establishing and maintaining demographic information relative to the hnmokalee Area Master Plan. Within this Goal Area there is one Objective and two Policies. Objective I. 1 requires the preparation of annual population and housing projections for the Immokalee Area. Policy I. 1.1 relates the annual demographic projections two adequate housing and public facility Levels of Service (LOS). Policy I. 1~2 lists entities that County staff may gather demographic information from. In regard to demographics, County Comprehensive Planning staff employs a standardized methodology to develop annual demographic projections for all areas of Collier County, including Immokalee. This analysis is more sophisticated than the guidelines contained within the two policies described above. Therefore staff is recommending that the Ear-based amendments to the lAMP include deletion of this entire Goal Area (the Objective and its related Goal and Policies). Policy Relevance: The two policies discussed above were reviewed for relevance to current Comprehensive Planning staff demographic methodologies, The current staff analysis methods are more sophisticated than the guidelines contained within Policies I.l.l and 1.1.2. Therefore, these policies, along with the Objective and Goal, will be deleted. OBJECTIVE II.l: Unless otherwise permitted in this Master Plan for Immokalee, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Subdistricts shall be binding on all Development Orders effective with the adoption of the Master Plan for [mmokalee. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; maintain and develop cohesive neighborhood units; promote a sound economy; and discourage undesirable growth and developmen! patterns, (This objective shall supersede Objective I in the Countywide Future Land Use Element of the Growth Management Plan.) Objective Analysis: Objective II. 1 also includes the Land Use Designation Section. Objective II.1 requires new land uses in Immokalee to be consistent with the Land Use Designations contained on the Immokalee Area Future Land Use Map. As part of staff's recommendations regarding the IAMP, staff is recommending that Future Land Use Designations be moved to a completely separate section of the Element (outside of the Goals, Objectives and Policies, but still within the Implementation Section. Additionally, if current Goal I is deleted, the current Goal II would become Goal I, thus the Objective numbering would change. With regard to the Future Land Use Designation Description Section of this Objective, it should be noted that, within the format used by the County's Growth Management Plan, these Future Land Use Designations (including both the map designation and the text) have the legal force of the Goals, Objectives and Policies. Therefore, the Future Land Use Designation Description Section is discussed in this report~ Policy Relevance: Policy II. 1. l is the list of Future Land Use Designations for the Immokalee Future Land Use Map and Land Use Designation Section. Policy II. 1.2 relates future development in Immokalee to the County's Adequate Public Facilities Ordinance. Policy II. 1.3 requires vegetative or open space buffers or berms between low intensity and high intensity land uses° Policy [Iol.4 requires certain types of land uses to be located within a reasonable walking distance of residential areas. Policy II. 1.5 allows continuance of agricultural activities within the Immokalee Urban Area. Policy II.1.6 requires preparation of a zoning overlay for the South Immokalee Redevelopment Area. With regard to this last policy, it appears to be outdate& The whole Immokalee Community is currently a designated redevelopment area. Therefore, Policy IL 1.6 should be deleted. LAND USE DESIGNATION DESCRIPTION SECTION: Within the [mmokalee Area Master Plan, the Land Use Designation Section follows Policy II. 1.6. This Section divides the hnmokalee Area, via the Future Land Use Map, into three overall designations: Residential, Commercial and Industrial. There is also a subsection regarding Overlays and Special Features. Within each designation are one or more "Districts." Regarding the Residential Designation, the Plan states: "This designation is intended to accommodate a variety of residential land uses including single-family, duplexes, multi-family, and mobile homes, which does no~ preclude seasonal, temporary and migrant farmworker housing" There are three Districts within the Residential Designation, These are: i5~J.3 Low Residential District: The purpose of this designation is to provide for a low- density residential districL The maximum allowable density is 4 units per acre~ Mixed Residential District: The purpose of this designation is to provide for a mixture of housing types within medium density residential areas. The maximum allowable density is 6 units per acre. High Residential District: The purpose of this designation is to provide for a district of high-density residential development. The unit types within this District are limited solely to multi-family structures° The maximum allowable density is 8 units per acre. Both the Low Residential District and the Mixed Residential District allow mobile homes, as these units form a significant percentage of the housing stock in Immokalee~ All three residential districts allow certain non-residential uses, including parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and essential services as defined in the Collier County Land Development Code. The Residential Designation is followed by a description of the County's Density Rating System, as it applies to the lmmokalee Area. In the lAMP, the system is limited to Density Bonuses. This system allows a residential project, or the residential portion of a mixed-use project, to request increased residential density (i.e., the number of units allowed per acre) if the project meets certain criteria. There are four density bonus provisions. A project may be eligible for any number or combination of these ;oonuses (or not). The four bonus provisions are: Proximity to Neighborhood Center and Commerce For a discussion of Neighborhood Centers and the Commerce Center Mixed-Use District, see below. If 50% or more of a project is within a Neighborhood Center or the Commerce Center-Mixed Use District, then the maximum density allowed within the Neighborhood Center or Commerce Center-Mixed Use District of twelve (12) units per acre can be averaged in with the density of the portion of the project outside of the Neighborhood Center for the entire project. Affordable Housing Provision of Affordable Housing as defined in the Housing Element would add eight (8) dwelling units per gross acre above the maximum density of the district: however, no density may exceed sixteen (16) units per acre~ Sixteen (16) units per acre is the maximum allowable density within Collier County's Urban Areas Residential In-Fill To encourage residential in-fill, three (,3) residential dwellin~ units pe~ gross acre may be added if the following criteria are met: the project i~, ten (I0) acres t)~ less in s~ze: a( the time of development, the project will be served 13y central public water and sewer: at lea>,t one abutting property is developed; the project is compatible with sun'ounding land uses; the property in question has no common site development plan with adjacent property; there is no common ownership with any adjacent parcels; and the parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989~ Roadway Access If the project has direct access to two (2) or more arterial or collector roads or if there is project commitment for provision of interconnection of roads with existing or future adjacent projects, one (1) residential dwelling unit per gross acre may be added above the maximum density of the surrounding districL The above provisions are 'followed by a discussion of Density and Intensity Blending. This is a new section of the Immokalee Area Master Plan, resulting fforn creation of the Rural Lands Stewardship Area Overlay (RLSA Overlay) in the Countywide Future Land Use Element (FLUE). If a residential project includes portions of the RLSA and certain specific portions of the Immokalee Urban Area, it may be eligible to blend the residential density and/or commercial intensity allowed within the RLSA with the same parameters as allowed in the Urban Area. This provision allows RLSA credits to be utilized to support development within Immokalee. For farther discussion of the RLSA, please see the analysis of the Future Land Use Element, as contained in this report. The Density and Intensity Blending provision is followed by discussion of the Commercial Designatiom This designation is described as follows: "The designation is intended to accommodate a variety of com2nercial land uses including neighborhood oriented commercial uses~ commerce center uses, general highway commercial and commercial development within Planned Unit Developments. Migrant Labor Camps are also permitted within the Commercial designations~" There are four (4) districts within the Commercial Designation. These are: Commercial District The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial that serve the needs of the traveling public generally C-t through C-4 Commercial Zoning Districts as identified in the Land Development Code. These conm~ercial uses must be located on a major arterial or collector roadway. Neighborhood Center District The purpose of this land use classification is to pro,,.ide for centers of activity that serve the needs of the surrounding neighborhoods. The centers should contain a mix of neighborhood-oriented uses such as day care center, parks, schools., and governmental activities. Specific criteria apply to the uses allowed witlnin th~s District. 1.5.J 5 Commerce Center - Mixed Use District The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrounding agricultural area. Accordingly only one such area is displayed on the Future land Use Map. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, Community Park and other employment generating uses. Other permitted commercial uses shall include transient lodging facilities at 26 dwelling units per acre~ The appropriate zoning districts include C-1 through C-4 as identified in the Land Development Code. Planned Unit Development Commercial District This designation pern-fits commercial planned unit developments (PUDs) within Immokalee, provided that certain size and development criteria are met. Recreational/Tourist District This District was created as part of an amendment adopted in 2003. The purpose of this District is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract tourists and residents while preserving the environmental features of the area. Uses permitted in this district include: passive parks, nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities including: hotel/motel, rental cabins, bed & breakfast establishments, campsites, restaurants; recreational vehicles; sporting and recreational camps; low-intensity retail; single family homes; agriculture; and those essential services as defined in the Land Development Code. Geographically, this District includes the northwest shoreline of Lake Trafford, including the existing Lake Trafford Marina. Except for the Commercial District, the Commercial Designation allows residential development, subject to specific criteria for each District, The Designation also allows non-commercial and non-residential uses, such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and those essential services as defined in the Land Development Codec The Industrial Designation is intended to accommodate a variety of industrial land uses such as Industrial, Commerce Center- Industrial, and Business Parks, There are three districts within this designation. Industrial District The purpose of this designation is to provide industrial type uses including those uses related to light manufacturing? processing, starage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratot'ie~, xssembly, 'qoruge, computer and data processing, business <ervices. limil commerciad such zts child care I 5..I.6 centers, and restaurants and other basic industrial uses but not including retail~ as described in the Land Development Code for the Industrial and Business Park Zoning Districts. Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures, which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted. Commerce Center - Industrial District This District includes the portion of the Immokalee Core Area located adjacent to the southwest corner of the Immokalee Airport property, as well as a portion of the Airport property, itself. The purpose of this District is to create a major Activity Center that serves the entire Immokalee Urban Designated Area and surrounding agricultural area. The Industrial District shall function as an employment center and shall encourage industrial and commercial uses as described in the Land Development Code for the Commercial (C-1 through C-5), Industrial and Business Park Zoning Districts. Higher intensity commercial uses including packinghouses, industrial fabrication operation and warehouses shall be permitted within this District. Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures, which are customarily accessory and clearly incidental and subordinate to, permitted principal uses and structures are also permitted° Business Park District Business Parks are intended to include a mix of industrial uses and offices designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and where large landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. The District also contains specific land use and access criteria~ The Industrial Designation does not permit residential development. It does permit commercial uses, subject to specific criteria for each District° Finally, the designation also allows essential services~ The Immokalee Area Master Plan Land Use Designation Description section also contains a subsection dealing with Overlays and Special Features Currently, the subsection includes one overlay, the Urban Infill and Redevelopment Overlay~ This Overlay includes the entire Immokalee Urban Area and essentially recognizes the existence of the Immokalee Community Redevelopment' Area Designation~ This Overlay has no regulatory effect. Section Relevance: As part of this EAR Report, the County recommends that the Urban lnfill and Redevelopment Overlay be replaced with a new Ove~-lay containin2_ development criteria and/or incentives concerning redevelopment in the Immokalec Area The (7ounty t~lso recommends that the entire Land Use Description Section be relocated to a different portion of the LAMP Implementation Section. OBJECTIVE II.2: By 2005, improve the physical appearance of the commercial building stock by 10% in the Main Street Program area, Objective Achievement Analysis: This objective refers to the now defunct "Main Street Program" in Immokalee, and requires that the appearance of commercial buildings in the Main Street Program Area be improved by 10%, with a target date of 2005. This Objective should be rewritten to reflect current conditions, including the expiration of the Main Street Program. Policy Relevance: Policy II.2.1 refers to the "Building Imrnokalee Together Program." "Building Immokalee Together" was the name given to the successful application for creation of Immokalee's current Federal Enterprise Zone Designation. Therefore, this policy should be revised to refer to the Enterprise Zone. Policy II.2.2 requires County staff to investigate alternative funding for the two referenced community programs. Since the Main Street Program is defunct and the Enterprise Zone Program is an independent, not- for-profit entity, this policy should be deleted. OBJECTIVE II.3: Encourage innovative approaches in urban and project design which enhance both the environment and the visual appeal of hnmokalee. Objective Achievement Analysis: This Objective is intended to refer to the built environment, as opposed to the natural environment. However, such an interpretation only becomes apparent from a reading of the subject Objective's policies. This Objective should be rewritten for clarity~ A review of the relevant policies (see below) reveals the need for updated language to reflect changes in County programs and initiatives. Policy Relevance: Policy II.3.1 requires County staff to identify alternative funding sources for streetscaping and pedestriau/bicycle activities. The policy also refet'ences the Main Street Program. The policy has a target date of 1998, As part of the EAR-based amendments, staff recommends that this policy be revised and updated. Policy II.3.2 allows the Board of County Commissioners to direct staff to amend the IAMP to enable development of projects that clearly benefil low and moderate-incon~e residents of hnnqokalee This policy is unnecessary, as the Board has tlne ability to take such action in any case. l't~is policy should be replaced with a policy, or policies relative to streetscaping, sidewalks, bike paths and/or other urban amenities. OBJECTIVE 11.4: Provide land use designations, criteria and zoning which recognize the needs of that significant portion of Immokalee's population which is primarily pedestrian in nature. Objective Achievement Analysis: A review of the single policy contained within this Objective reveals that the Objective's focus is on the completion of a Bicycle/Pedestrian Plan for Immokalee. The Objective should be rewritten for clarity and to reflect current County programs. Policy Relevance: Within this Objective is Policy II.4.1, which requires completion of a Bicycle and Pedestrian Plan consistent with the goals of the Building Immokalee Together Project and the Main Street Project. The County recommends rewriting this policy to delete reference to the two programs and to reflect specific criteria for a Bicycle and Pedestrian Plan. OBJECTIVE II.5: Recognizing the increasing need for farm labor, to ensure an adequate number of decent, safe, healthful, and affordable housing units for farm workers in Immokalee, sites for housing for farm workers which complies with section 10D-25 of Florida's Administrative Code and the Housing Code of Collier County shall be designated so as to keep pace with the population. Objective Achievement Analysis: Objective II.5 requires farm labor housing in Immokalee to comply with section 10D-25 of the Florida Administrative Code, as well as applicable portions of the County Codes. Within this Objective are two policies. Enforcement is conducted via Collier County Code Enforcement Regulations. This Objective should be retained. Policy Relevance: Policy II.5.1 allows seasonal worker housing within any Land Use District that allows residential uses. Policy Ii.5.2 allows farm labor camps within commercial districts, subject to certain criteria. Both policies should be retained. OBJECTIVE III. 1: Collier County shall promote the conservation and rehabilitation of housing in lmmokalee neighborhoods. I 5.J.9 Objective Achievement Analysis' Objective III. 1 is a commitment by the County to "promote the conservation and rehabilitation of housing in lmmokalee neighborhoods." This Objective contains two policies. The intended purpose of this Objective is to prevent or remove blighted conditions through the rehabilitation of existing housing stock, However, Policy IIL 1.1, within this ObJective goes somewhat further as it gives priority to public facility expansions and improvements that "enhance or maintain the viability of existing urban residential areas." Until recently, County staff did not have a mechanism to gauge whether County activities in Immokalee had complied with this Objective. However, the Collier County Financial Administration & Housing Department has recently (late 2003) initiated a "Housing Stock Inventory Survey," The Survey is beginning in Immokalee, but will eventually cover the entire County. The purpose of the survey is to assess the condition of housing within the County and determine needed improvements, repairs or condemnations. Policy Relevance: Policy III. I f 1 requires that expansion of urban facilities and services "should enhance or maintain the viability of existing urban residential areas." Policy III. 1o2 requires the County to use a combination of code enforcement and capital improvements to remove blighted conditions fi'om the Community, The Objective and Policies should be retained. OBJECTIVE III.2: Collier County will respond to the housing needs identified in the housing study of Immokalee by county initiatives which will reduce the cost of housing development for low and very low income households. Objective Achievement Analysis: Objective II1.2 requires the County to reduce the cost of housing development for low and very-low income hnmokalee residents through the development of County initiatives. This Objective has one policy. With regard to Objective III.2, in 2003 the Board of County Commissioners approved a countywide economic incentives package, with specific inceutives for the [mlnokalee Area, Tile Count},, recommends that tile above Objective be updated to reflect the Immokalee incentives package. Policy Relevance: Policy [II.2. l requires tile County to "pursue research into initiatives as land banking of foreclosed land due to County held liens, land grants from County and other public holdings, as welt as tax incentives for private owners who comnlit io development for affordable housing for very low and low income families." This Policy should be updated to reflec~ tile incentives package. i 5,,I OBJECTIVE: III.3: By January 1998 the County will have in place a pilot plan of innovative programs and regulatory reforms to reduce the costs of development and maintenance of safe, healthful, and affordable housing for low and very low income households in Immokalee. Objective Achievement Analysis: Objective 1II.3 requires that the County establish programs and regulatory reforms designed to reduce development and maintenance costs for affordable housing in hnmokalee. The Objective has a target date of 1998. This Objective should be updated with a revised date. Policy Relevance: This Objective has five (5) policies. Policy III. 3.1 requires Community Development Services staff to develop two pre-approved housing plans (as in blueprints, building plans, etc.) by 1997. This policy has not been accomplished. Rather, the County's Financial Administration & Housing Department has worked with non-profit agencies and affordable housing developers to actually fund and construct affordable housing in the Immokalee Area. This policy should be deleted. Policy Ill.3.3 requires County staff to develop a networking strategy to place affordable housing developers in contact with potential residents. This activity is ongoing. The policy needs to be updated to reflect changes to County Agency Names. Policy III.3.4 concerns the demolition or alleviation of unsafe housing through Code Enforcement Action. This activity has been ongoing for approximately three years. For more on this program, please see the Major Issues Section. Policy II1.3.5 requires County staff to "research and develop strategies to replace and provide affordable housing through non-profit providers in and around the South Irnmokalee area that is compatible with the Redevelopment Plan." In this regard, the South Immokalee Redevelopment Area was absorbed into a larger redevelopment area that includes the whole community. However, the County does maintain agreements with non-profit housing entities in the hnmokalee Area. The Financial Administration & Housing Department has partnered with the Empowerment Alliance of Southwest Florida (Urban Infill grant, CDBG, state HOME & SHIP) to build 26 affordable housing units in the South Immokalee Area. An upcoming Housing stock inventory survey will also provide data that is necessary to upgrade and/or replace current housing stock, This data will be used in the Consolidated Plan (CDBG & HOME) fo2' housing strategies. OBJECTIVE III.4: There shall be an annual effort to coordinate with federal, state, Iocal~ and private agencies to seek funding to meet the housing needs as identified in the Housing Element of the Comprehensive Plan and to assure consistency with federal, state, and local regulations in regards to migrant land camps. I .5.J. t I Objective Achievement Analysis: Objective III.4 requires the County to make "an annual effort to coordinate with federal, state, local, and private agencies to seek funding to meet the housing needs as identified in the Housing Element of the Comprehensive Plan and to assure consistency with federal, state, and local regulations in regards to migrant land camps." There are four (4) policies within this Objective, The Objective, in general, reflects ongoing activities, However, it needs to be revised to reflect current County programs and initiatives. Policy Relevance: Policy III.4.1 requires County Housing staff to meet with representatives of the Federal Rural Economic Development Administration "to improve the County's ability to attract more government grants and loans to develop housing for very low and low-income households." Policy III.4.2 requires the County to revise the Collier County Land Development Code (LDC) to adopt health codes relative to migrant camps. The target date for this policy is 1998. Policy III.4.3 requires the County Manager to prepare an annual report on conditions in migrant camps, To staff knowledge this has never been done~ Policy HI.4.4 requires County staff to work with "alt private groups seeking to furnish shelters for the homeless, and/or abused women and children in Immokalee2' This activity is ongoing. As part of the EAR-based amendments, Comprehensive Planning staff will work with the staff of the Financial Administration & Housing Department to completely update and revise the above Objective and policies to reflect current programs and conditions. OBJECTIVE IV.I: The County shall protect and preserve natural resources within and adjacent to the Immokalee Urban Designated Area in accordance with the Growth Management Plan. Objective Achievement Analysis: This is the sole Objective within the Immokalee Area Master Plan's "Conservation" Goal Area (Goal IV). The Objective has one (1) policy, The Objective contains no specific guidelines for natural resource protection within hnmokalee. Also, the Objective requires revisions consistent with the provisions of the Rural Lands Stewardship Area Overlay of the Future Land Use Element~ Policy Relevance: Policy IV. 1.1 requires a periodic update of the lAMP, to keep pace with new programs and provisions contained in the Conservation and Coastal Management Element, To staff knowledge, the lAMP has not been previously revised for this purpose, The policy, objective and the Goal should all be completely revised and updated to> reflect conservation and preservation aclivilies within the lmmokalee Area Mas~er Plan Area~ OBJECTIVE V.I: Collier County shall implement a parks and recreation program for Immokalee that is equivalent to Collier County standards, taking into consideration plans that reflect citizens' recreational preferences and offer recreational opportunities to all age groups. Objective Achievement Analysis: This is the only Objective under Goal V, which is concerned with Recreatiom The Objective has two (2) policies. Objective V. 1 requires the County to implement a parks and recreation program for Immokalee, equivalent to programs offered to other portions of the County. This has been done. Policy Relevance: Policy V.1.1 requires the creation of a five-year park plan for the Immokalee Area. The target date is 1998. County Parks & Recreation Department staff implements a countywide park and recreation program, which includes the hnmokalee Area. Therefore, staff recommends that this policy be revised to require that the countywide plan address the specific needs of the Immokalee Area and to reflect a new target date. Policy V.1.2 encourages park location within designated Neighborhood Centers. There are five existing Neighborhood Centers, none of which contain a park~ However, two of the designated Centers contain recreational facilities associated with public schools. The Collier County Parks & Recreation Department maintains public recreational activities at these schools, through an interlocal agreement with the School District. This policy should be revised to reflect the overall need for more parks and recreation programs in Immokalee, and not focus on Neighborhood Centers. OBJECTIVE VI.1: The County shall provide for the safe and convenient movemenl of pedestrians, motorized and non-motorized vehicles. Objective Achievement Analysis: This is the only Objective within the Master Plan's Transportation Goal Area. The Objective contains four policies, The Objective requires the safe movelnent of pedestrians, and both motorized and non-motorized vehicles. This is an ongoing task; therefore, the Objective remains relevant. Policy Relevance: Policy VI.I.I requires the County Metropolitan Planning Organization {MPO) to complete a transportation study of hnmokalee by September t999~ This policy indicates that the MPO is part of the Community Developmeni & Environmental Services Administration (CDES). However, the MPO has since been moved to the Transportation Administration. This should be reflected in the Policy~ Thc lmmokalee Area 1.5,J.13 Transportation Study was actually completed in 200Z Therefore, the study's recommendations should be incorporated into this Policy. Policy VI. 1.2 requires County staff to revise the Transportation and Capital Improvement projects to reflect needed road improvements in Immokalee. This has been done. Therefore, this policy will be deleted. Policy VI. 1.3 requires the County's 5 Year Bicycle Ways Plan to reflect necessary improvements in Immokalee. The Collier County Pathways Plan has superseded this plan. Collier County MPO staff and the County's appointed Pathways Advisory Committee have expressed interest in establishing bicycle and pedestrian paths within Immokalee. Policy VI.I.3 should be revised to reference the proposed improvements contained in the Pathways Plan. Policy VI.I.4 requires proposed bicycle paths in Immokalee to be depicted on the Traffic Circulation Map of the Immokalee Ama Master Plan. Staff notes that the Traffic Circulation Map is not part of the adopted Implementation Section of the IAMP. Therefore, it has no legal or planning relevance. Also, the policy references the 5 Year Bicycle Ways Plan, which is obsolete. The policy should be changed to reference the Pathways Plan, and to incorporate appropriate recommendations from that plan. OBJECTIVE VIII.I: Prepare a plan for economic development for the Immokalee Area. Objective Achievement Analysis: This is the only Objective within the Economic Goal Area of the LAMP As previously noted, this whole Goal Area is misnumbered. It should be VI1 instead of VIII, However, as the County is recommending a reformat of the entire Element, the numbering issue will be addressed at that time. The Objective contains five policies. Staff notes that the County has recently adopted a countywide Economic ElemenL This Goal, Objective and Policies should either be revised to be consistent with the Economic Element, or otherwise delete& Policy Relevance: Policy VIIL 1.1 calls for the preparation of a countywide Econmnic Plan. This has been done. This policy should be deleted Policy VIII. i ~2 requires the County to ';promote the development of the Immokalee Airport and surrounding commercial and industrial areas as set forth in the hnmokalee Airport Master Plan." With regard to this Policy, the County's recommendation is contained in Section 2.36 of the EYaluation & Appraisal Report. Policy VIII.1.3 promotes lhe designation of the Immokatee Area as a Federal Enterprise Zone. The target date is 1997. As the Community's Enterprise Zone designation was successful, the County t'ecommends deletion of this policy, Policy VIII. 1.4 requires CDES staff and the Collier County Sheriff's Departmen! to pursue funding opportunities under the Federal "Safe Neighborhoods Act." tt also requires implementation of CPTED (Crime Prevention Through Environmental IDesign) principles in Immokalee. Staff does not believe tha~ this policy tnas been implemented, Therefore. it should be retained. Policy VII1.15 calls for coordinatioi7 betweer~ Countx zmd School 1,5..I~ 14 District staffs to ensure that lmmokalee resider~ts have access to employment training programs. This policy is written in a confusing manner and should be rewritten, 1.5,J 15 1.5.K: Brief Assessment of Successes & Shortcomings - Marco Island Master Plan Element A. Introduction & Background: In 1994, the Collier County Board of County Commissioners authorized Comprehensive Planning staff to initiate preparation of a Marco Island Master Plan (MIMP), similar in scope to those previously created for the Golden Gate and Immokalee Areas. Throughout the period between February 14, 1995 (Committee Creation) and November 12, 1996 (Draft Plan Completion), staff worked with the Board-appointed Marco Island Vision Planning Advisory Committee to develop the Draft Master Plan Element. The Board of County Commissioners adopted the Element in early 1997. Meanwhile, various civic groups on Marco Island had been working with the Florida Legislature to achieve incorporation of Marco Island as a city. The City of Marco Island was incorporated on August 29, 1997. The only portion of the County's Marco Island planning area that remained under County jurisdiction was the island of Key Marco. B. Objectives Analysis: As Key Marco is the only portion of the Marco Island Master Plan Area currently remaining under Collier County jurisdiction, staff analyzed the Objectives within the MIMP to determine which, if any, should be removed to the Countywide Future Land Use Element. Results of the analysis follow: Objective 1.1: Within one year of the Plan's effective date, the county will cause to have made, accurate annual estimates of the dwelling units and the population residing on Marco Island. These estimates are to be made for both the peak (February) and minimum (August) seasons. The population estimates will include residents, renters, and hotel guests. The estimate will be consistent with the methodology used to determine population listed in the support documents. Objective Achievement Analysis: The tasks stated in the Objective were never performed. Within one year of adoption of the Master Plan, the City of Marco Island had been incorporated and the Master Plan was no longer valid. The County recommends deletion of this Objective. Policy Relevance: Policies 1.1~1 through 1.1.3 support the Objective by outlining the intended use of collected demographic information. These policies should be deleted. 1.5.K.1 Objective II.1: New, revised, or redeveloped uses of land shall be consistent with the designations shown on the Marco Island Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations and Districts shall be binding on all Development Orders effective with the finding of compliance by the Florida Department of Community Affairs of the Master Plan for Marco Island. Objective Achievement Analysis: This Objective and its policies require all future land use designations within the Master Plan Area to be consistent with the Marco Island Future Land Use Map and the Future Land Use Designation Section contained within the MIMP. For reasons stated below, this Objective should be deleted. Policy Relevance: Policy II. 1.1 requires Marco Island to maintain a gross density of 4 units per acre, and to be considered as being within the County's Urban Coastal Fringe Future Land Use Designation. Staff notes that Key Marco is thus already contained within this designation, which is identical to the similar designation within the Countywide FLUE. Therefore, staff recommends deletion of this policy. Policy II. 1.2 lists the future land use districts within the MIMP. The Future Land Use Map shows Key Marco as being within the Low Residential and Preservation/Conservation Districts. The Marco Island Future Land Use Map indicates that density within the Low Residential District may not exceed 4 units per acre. As this is identical to that contained within the County's Urban Coastal Fringe Subdistrict, staff recommends deletion of this policy. Policy II. 1.3 and Policy II. 1.4 relate to geographic areas that are no longer under County jurisdiction and should, therefore be deleted. Policy II.l.5 refers to an Overlay District described in the Master Plan, and should be deleted. Policy II. 1.6 limits density to 4 units per acre until standards for multi-family development within to planning districts on Marco Island proper are adopted. This policy should be deleted. Objective II.2: Development and design standards for Marco Island will create a tropical small town character. Objective Achievement Analysis: Due to the incorporation of the City, the referenced development and design standards were never developed. 1.5.K.2 Policy Relevance: There are two policies within this Objective, as well as the Future Land Use Designation Section. Policy 11.2.1 requires the development of an overlay, or other appropriate methods, to establish development guidelines for several areas of Marco Island. Staff recommends deletion of this policy, as the referenced areas are no longer under County jurisdiction. Policy II.2.2 requires development of a residential overlay for appropriate areas of Marco Island. The County's Zoning Maps designate portions of Key Marco as being within the Rural Agricultural Zoning District, subject to a "Marco Island Zoning Overlay." However, a discussion with County Zoning staff reveals that the Overlay was discarded at the time of incorporation. Therefore, zoning determinations rely on the underlying Rural Agricultural (A) District. Therefore, staff recommends deletion of this policy. In this regard, staff also notes that portions of Key Marco are subject to the provisions of the Marco Shores Development of Regional Impact/PUD. Therefore, this Objective and its policies should be deleted. Future Land Uses Designation Description Section: Within the Marco Island Master Plan Area and Future Land Use Map, only two of the original land use Districts remain in effect. Low-Density Residential District: Residential dwelling shall be limited to single-family structures. Non-residential uses permitted within this district are linfited to those uses that are compatible and/or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, schools, day-care centers, family care facilities, and essential services as defined in the Land Development Code. A density less than or equal to four (4) dwelling units per gross acre is permitted. Preservation/Conservation District: The purpose of this district is to preserve and conserve natural resources and habitat on privately or publicly owned land. Uses permitted within this district include passive parks, nature trails, nature preserves, and wildlife sanctuaries. This section also includes a density bonus provision for affordable housing. The provision allows a maximum of eight (8) dwelling units per gross acre above the maximum density of the district (4 units per acre); however, no density may exceed twelve (12) units per acre except when Transfer of Development Rights (TDR) are applied. However, this bonus provision does not appear to apply to the Low-Density Residential District. 1.5.K.3 Section Relevance: The provisions contained within the Countywide FLUE's Urban Coastal Fringe Subdistrict are virtually equivalent to those within the Marco Island Master Plan's Low- Density Residential District. However, the Urban Coastal Fringe Subdistrict allows density bonus for affordable housing and TDR use, whereas the Low-Density Residential District does not allow these bonuses. Therefore, the County recommends incorporation of Key Marco into the Countywide Urban Coastal Fringe Subdistrict, but with the provision that no density bonuses may be used in this area. The MIMP's Preservation/Conservation District is more restrictive than the County's Conservation Designation. Therefore, the County recommends that the Key Marco Preservation/Conservation Areas be incorporated into the Countywide Conservation Designation as the "Key Marco Preservation/Conservation District," retaining the same wording as is currently in place (in the MIMP). Objective III. 1: The County will assure that all federal and state requirements and the designated level of service standards are met by the suppliers of potable water to Marco Island. Objective Achievement Analysis: The purpose of this Objective was to require periodic monitoring, by the County, of the potable water utilities serving Marco Island. The Goodland Subdistrict of the Collier County Water & Sewer District currently provides potable water to Key Marco. The County recommends the Objective be deleted, because similar requirements are included in the County's Potable Water Subelement. Policy Relevance: Policy III. l.1, the Objective's only policy, requires County staff to obtain quarterly reports from potable water utility providers to Marco Island. This policy should be deleted, as the County is the provider for Key Marco. Objective III.2: Within one year from the date of Plan's effective date, a comprehensive program will be implemented for the Marco Island area, that will reduce the per capita consumption of water from the actual 290 gallons per day to 200 gallons per day which is the LOS in the Growth Management Plan. I .5.K.4 Objective Achievement Analysis: Key Marco per capita water consumption is subject to the Goals, Objectives, Policies and programs outlined within the County's potable water sub-element. Therefore, the County recommends deletion of this Objective. Policy Relevance: Policy II.2.1 requires the County to support the potable water supplier's conservation program. Policy Ill.2.2 mandates a reduction of the amount of sod utilized within residential landscape plans and encourages the use of native and drought-tolerant vegetation. Policy III.2.3 requires the County to "encourage" the establishment of a reclaimed water service on Marco Island. Policy III.2.4 requires the County to pass an irrigation restriction ordinance for Marco IslandD All of these policies appear to apply to the now-incorporated portion of the Master Plan Map and should be deleted. Objective III.3: The County shall support the potable water supplier's efforts to expand the capacity and dependability of the existing facility. Objective Achievement Analysis: This Objective relates to facilities currently contained within the City of Marco Island and should be deleted. Policy Relevance: Policy III.3.1 requires the County to encourage the potable water utility to provide an adequate water supply. Policy 111.3.2 requires the County to encourage the water supplier to increase the ability of the facility to recover from a Category 3 hurricane. Policy Ili.3.3 requires the County to encourage expansion of the private water utility. All of these policies refer to the incorporated area of Marco Island and should be deleted. Objective III.4: The County will work closely with the policy-making agencies, such as the Big Cypress Basin and the South Florida Water Management District, to assure that the residents of Marco Island have access to the water resources. Objective Achievement Analysis: The thrust of this Objective is unclear. However, from a careful reading of Policy III.4.1, it appears that County staff is required to ask the Big Cypress Basin Board and the Water Management District to demonstrate that they are spending funds generated from Marco 1.5.K.5 Island taxes on Marco Island water needs. This Objective relates to facilities currently contained within the City of Marco Island and should be deleted. Policy Relevance: Policy III.4.1 should be deleted (see above). Objective IV.1: The County will encourage that wastewater treatment, collection, treatment and disposal facilities are made available to correct any possible deficiencies and to meet future growth, that meet or exceed the level of service standards established in this plan. Objective Achievement Analysis: Key Marco receives wastewater treatment service from the City of Marco Island, via an interlocal service agreement with Collier County. As such, the wastewater service is subject to the requirements contained in the County's Sanitary Sewer Sub-element. Therefore, the Objective may be deleted. Policy Relevance: Policy IV. 1. t sets the Marco Island wastewater treatment LOS at 100 gallons per capita per day. As this Policy is consistent with the County's LOS for the Goodland Subdistrict, the policy may be deleted. Policy IV.1.2 requires the County Health Department to request that the Florida Department of Environmental Protection annually test fecal coliform levels in the coastal waters around Marco Island. Policy IV.1.3 requires similar testing within Marco Island Area canals. These tasks are covered under procedures instituted through the Collier County Pollution Control Department. Therefore, these two policies should be deleted. Policy IV. 1.4 concerns the use of the fecal coliform test results related to the previous policies. This should be deleted. Policy IV. 1.5 requires the County to hold a wastewater treatment funding referendum for Marco Island residents. The County's wastewater treatment system is funded through ad Valorem taxation. Therefore, the County recommends that this policy be deleted. Policy IV. 1.6 requires the County to encourage the State Health Department to conduct a public educational campaign regarding septic tank use. This policy has no force, as the County cannot make requirements upon the State in this regard. Also, it could be accomplished administratively, without policy direction. Therefore, the policy should be deleted. Objective IV.2: The County, to the best of its ability, will promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and ground water supplies by developing an implementing an integrated, comprehensive strategy for the following policies. 1.5.K.6 Objective Achievement Analysis: A review of the subject policies reveals that this Objective is calling for the establishment of a reclaimed water irrigation system for Marco Island. As this Objective is related to the incorporated area, it should be deleted. Policy Relevance: Policy IV.2.1 requires the County to encourage the service provider to install a reclaimed water system on Marco Island. Policy IV.2.2 requires the County to coordinate installation of the reclaimed water system. Policy IV.2.3 requires coordination of the reclaimed water facilities with the island's streetscape plan. None of these policies were intended to encompass Key Marco and should therefore be deleted. Objective V.I: The Marco Island Future Traffic Circulation Map shall supersede the Future Traffic Circulation Map found in the Growth Management Plan as it applies to Marco Island and it will be used as a frame work to guide the future roadway planning on Marco Island. Objective Achievement Analysis: A review of the Traffic Circulation Map of the Marco Island Master Plan reveals that it does not include Key Marco. Therefore, this Objective and its policies should be deleted. Policy Relevance: Policy V. 1.1 limits the expansion of the number of road lanes on the island, due to traffic improvements. Policy V.1.2 requires road capacity to be improved by the year 2000, through a concentration on intersection improvements. Policy V.I.3 requires all Island roadways to be resurfaced by December 1998. As none of these policies apply to Key Marco, they all should be deleted. Objective V.2: To facilitate a smooth flow of traffic at safe speeds on all parts of Marco Island. Objective Achievement Analysis: This Objective does not include Key Marco and should therefore be deleted. Policy Relevance: Policy V.2.1 requires roadway travel lanes not to exceed 12 feet in width. Policy V.2.2 requires the installation of traffic cahning techniques/features on Marco Island roadways. 1.5.K.7 Policy V.2.3 refers to roadway, sidewalk and driveway design standards. As none of these policies apply to Key Marco, they all should be deleted. Objective V.3: The 24 miles of roads identified on the Marco Island Facility Map will be modified to correct existing deficiencies and to enhance traffic movement. Objective Achievement Analysis: As the facility map does not include Key Marco, staff recommends that this Objective be deleted. Policy Relevance: Policy V.3.1 lists elements for a conceptual design/streetscape plan. Policy V.3.2 requires that the County hold a referendum, for Marco Island residents, regarding establishment of a road improvement-funding source. Policy V.3.3 extends a County traffic management program to Marco Island. However, as the Objective and policies are related to the facility map, and the map does not include Key Marco, these items should be deleted. Objective V.4: All roadway modifications will be coordinated with other capital improvements. Objective Achievement Analysis: A review of the single policy indicates that this Objective calls for coordination of capital improvements with the previously mentioned streetscape plan. Since the latter plan does not include Key Marco, this Objective should be deleted. Policy Relevance: Policy V.4.1 refers to a study regarding coordination of other improvements with the proposed streetscape plan. As this policy only relates to Marco Island proper (now an independent municipality), it should be deleted. Objective V.5: To complete a continuous bicycle and pedestrian transportation system by January 1, 2O00. 1.5.K.$ Objective Achievement Analysis: This Objective and its policies are related to a map of the "Marco Island Future Bicycle and Pedestrian System." As the map only includes the current City of Marco Island, this Objective and its policies should be deleted. Policy Relevance: Policies V.5.1 through V.5.8 all refer to aspects of the planned "Marco Island Future Bicycle and Pedestrian System." Therefore, these policies should be deleted. Objective V.6: To provide a convenient, comfortable, secure, safe and efficient transportation system for pedestrian and bicycle trips. Objective Achievement Analysis: This Objective refers to certain general roadway and sidewalk design improvements that promote pedestrian and bicycle safety. This Objective is only applicable to Marco Island and should therefore be deleted. Policy Relevance: These policies (V.6.1 through V.6.4) refer to various roadway and sidewalk design improvements that promote pedestrian and bicycle safety. This Objective is only applicable to Marco Island and should therefore be deleted. Objective V.7: To reduce the need for single occupant automobile trips through strong incentives provided in support of walking, bicycling and transit. Objective Achievement Analysis: Language similar to Objective V.7 is contained within the County's Transportation Element. Therefore, this Objective should be deleted. Policy Relevance: Policies V.7.1 and V.7.2 refer to bicycle and pedestrian support facilities. Once again, language regarding such support facilities is contained within the County's Transportation Element. Therefore, these policies should be deleted. 1.5.K.9 Objective V.8: To encourage & promote public transportation to satisfy the trip making demands of Marco Island's tourists, employees, and residents. Objective Achievement Analysis: The nature of the subject policies within this Objective indicates that it refers to Marco Island proper, which is incorporated. Therefore, this Objective should be deleted. Policy Relevance: Policy V.8.1 calls for the development of a transit master plan for Marco Island. Policy V.8.2 requires the County to address increased transportation demands from Marco Island through institution of a public transit system. Policy V.8.3 requires any developed transit system to operate in such manner as to protect Island's environment. Policy V.8.4 requires the County to evaluate alternative fuel technologies for use in Marco Island transit vehicles. Policy V.8.5 requires an amendment to the County's Land Development Code, to allow creation of geometric design criteria for the transit system. Policy V.8.6 requires the County to develop land use incentives to promote construction of portions of the transit system by local developers. A Countywide transit system, with specific objectives and policies is currently in place. Therefore, these policies should be deleted. Objective V.9: To provide for the safe and predictable movement of pedestrians, bicyclists and motorists. Objective Achievement Analysis: The policies contained within this Objective emphasize transportation safety concerns. As these are dealt with in Objective 4 of the adopted Countywide Transportation Element and, as the Objective does not identify area-specific safety issues, and should be deleted. Policy Relevance: These five policies all deal with the establishment or continuance of safety information programs for bicyclists, pedestrians and motorists. Staff believes that the Collier County Metropolitan Planning Organization, along with the Collier County Traffic Operations & Alternative Transportation Modes Department make available adequate public safety information to all County residents, from Marco Island or otherwise. Also, the Objective and its policies seem to relate mainly to the primary Marco Island Area, which is now within the City of Marco Island. Therefore, Policies V.9.1 through V.9.5 should be deleted. 1.5.K.10 Objective VI.l: To develop additional recreational and open space sites on Marco Island and maintain and enhance the existing sites. Objective Achievement Analysis: Currently, the County Parks & Recreation Department operates four (4) parks on Marco Island, all of which provide beach and/or boat access. Future development of park/recreational sites will be the responsibility of the City of Marco Island. Therefore, this Objective should be deleted. Policy Relevance: Policy VI.i.1 requires the County to investigate and negotiate the purchase of park- suitable property on Marco Island. Policy VI. 1.2 and Policy VI. 1.3 concern the purchase of two specific properties on Marco Island and their development as park sites. Policy VI. 1.4 requires the County Parks & Recreation Department to hold public meetings on Marco Island to seek residents' input on the design of public recreational facilities. Policy VI. 1.5 requires the County to seek beach access easements across undeveloped residential and commercial properties. Policy VI. 1.6 requires the County to create a "Marco Island Community Park Impact Fee District." Policy VI. 1.7 requires a re- evaluation of Marco Island Public Recreational facilities to see that they are compatible with the policies contained in this Element. Policy VI. 1.8 requires the County to evaluate the potential for expansion of various recreational facilities. Policy VI. 1.9 requires the County to investigate the possibility of allowing pets at some recreational facilities on Marco Island. All of these policies concern the incorporated portion of Marco Island and therefore these should be deleted. Objective VI.2: Ensure that public access to beaches and waterways of Marco Island are maximized and maintained. Objective Achievement Analysis: As mentioned above, the County maintains four parks (having beach and boating access) on Marco Island. The County Parks & Recreation Department also operates joint beach parking programs with the City through an interlocal agreement. Beach and boating access programs are also covered within the County's Recreation & Open Space Element. Therefore, this Objective should be deleted. 1.5.I<2.11 Policy Relevance: There are four (4) policies within this Objective. Policy VI.2.1 requires the County to investigate acquisition of a specific beach access point. Policy VI.2.2 requires development of a Beachfront Management Plan for Marco Island. Policy VI.2.3 and Policy VI.2.4 require local referenda on waterway interconnections and waterway navigation maintenance. All of these policies are the responsibility of the City of Marco Island, and therefore they be deleted from the Collier County Growth Management Plan. Objective VII.1: The following list of projects and schedule (exhibit E) will be used as a frame work to guide the future capital improvements that will improve and replace existing infrastructure in order to enhance the tropical small town environment of Marco Island: Design and construction of a reclaimed water line to provide 2 million gallons of water per day to appropriate customers. Design Phase will begin within one year after funding source has been identified and construction will be completed by the year 2000. If the water quality study indicates a high level of fecal coliform, and based on referendum results, it is the desire of Marco Island Residents to install the sewer lines, then sewer collection lines will be installed on the island. Design Phase will begin within one year of determination of need. The system, if warranted, will be completed by the year 2000. o Design and construction of a sub-surface piped drainage system as defined in the conceptual design/streetscape plan to serve the major roadways identified on the Future Traffic Circulation Map. Design will begin within one year of the completion of the conceptual/design plan and the funding source is identified. Construction will be completed by the year 2000. Design and construction of bicycle and pedestrian facilities as identified on the Marco Island Future Bicycle and Pedestrian System Map and consistent with the conceptual design/streetscape plan. Design will begin within one year of the completion of the conceptual/design plan and the funding source is identified. Construction will be completed by the year 2000. Design and reconstruction of existing roadways to improve traffic circulation as determined by the conceptual design/streetscape plan. Design will begin within one year of the completion of the conceptual/design plan and the funding source is identified. Construction will be completed by the year 2000. 6. Resurfacing of all other roads that are not under the conceptual design plan by December 1998. 1.5.K.12 o If feasible, design and construction of neighborhood park features for Tract D on Heathwood Drive. Design will begin within one year of identification of funding source. Construction will be completed by 2000. If feasible, the purchase of vacant property that is suitable for future parks and/or community centers and design and construction of identified improvements on these properties. If feasible, purchase will be made as soon as funding source is identified and design and construction will be completed by the year 2000. If feasible, the purchase of vacant property to create an additional beach access point, and design and construction of identified improvements. If feasible, purchase will be made within one year of identification of funding source. Design and construction will be completed by the year 2000. Objective Achievement Analysis: This Objective is the first within the Capital Improvement section of the Marco Island Master Plan. All of the above-referenced tasks seek to implement requirements or projects identified in other sections of the MIMP. All of these tasks relate to the incorporated area of Marco Island. Within the specified one-year period for beginning design of the referenced improvements, this area was no longer under County jurisdiction. Comprehensive Planning staff notes that the County does maintain public facilities on Marco Island, and all such facilities are covered within the County's Annual Schedule of Capital Improvements. This Objective should be deleted. Policy Relevance: Policy VII. i.1 concerns the initiation of the MIMP's "Conceptual Design/Streetscape Plan." Policy VII. 1.2 requires that the streetscape plan and potable water and sewer line planning be incorporated into an overall construction plan, to be initiated by 1997. Policy VII. 1.3 concerns identification of a funding source for capital improvements on Marco Island. Policy VII. I.4 allows for modification of project timelines due to funding constraints. All of these policies relate primarily to the incorporated area. Therefore, they should be deleted. Objective VII.2: Appropriate funding sources to be used exclusively on Marco Island for design, construction, and maintenance for projects listed in this Plan will be selected by referendum by the residents of Marco Island. All referendums will be scheduled consistent with countywide policies and election cycles. 1.5.K.13 Objective Achievement Analysis: This Objective essentially requires Marco Island Area Capital Improvements to be put to public vote. This Objective has never been implemented because most of the population of the Marco Island Master Planning Area (and thus most of the eligible voters) resides within the City of Marco Island. This Objective should be deleted. Policy Relevance: There are three policies under this Objective. Policy VII. 2.1 requires a regularly scheduled County referendum of Marco Island residents for the purpose of selecting capital improvement funding sources. Misnumbered Policy VIII. 2.2 requires the County to analyze existing funding sources (presumably at the time of Master Plan Adoption) to determine what funds can be allocated to the projects outlined in the Master Plan. Misnumbered Policy VIII.2.3 allows the Plan to be amended in response to capital improvement funding availability. As all of these policies apply primarily to the City of Marco Island, they should be deleted. C. General Recommendation: Based upon the outcome of the above analysis, and due to the fact that the greater part of the Marco Island Master Plan Area is now within the incorporated City of Marco Island, Comprehensive Planning staff recommends that the Marco Island Master Plan Element be deleted in its entirety. However, those portions of the Plan's Future Land Use Designation Section relating to the island of Key Marco should be amended to the Urban Coastal Fringe Subdistrict of the Countywide Future Land Use Map and Element, with appropriate language relative to unique aspects of the former Marco Island Master Plan future land use designations. 1.5.K. 14 1.6 Relevant Changes in Growth Management Laws (the comprehensive plan, the appropriate strategic regional policy plan, Chapter 163, part II, F.S., and Chapter 9J-5, F.A.C) A. Introduction & Background: Subsection 163.3191(2)(f), Florida Statutes (F.S.), requires that the Evaluation & Appraisal Report (EAR) assess the consistency of Collier County's adopted local comprehensive plan with relevant changes in the growth management polices expressed in l) Section 187.02, F.S., the State Comprehensive Plan, 2) the applicable strategic regional policy plan, 3) Chapter 163, Part II, F.S., the Local Government Comprehensive Planning Act, and 4) Chapter 9J-5, the Minimum Criteria for review of Local Government Plans. This section of the EAR only evaluates growth management policy changes that may have occurred between 1996 and 2003. Changes made prior to 1996 were addressed during the 1996 EAR. Based upon any observed inconsistencies between the local comprehensive plan and the above-referenced documents, this section of the EAR also recommends proposed corrective amendments to the Collier County Growth Management Plan (GMP). B. Consistency with State Comprehensive Plan: No revisions or modifications have been made to the State Comprehensive Plan during the period between 1996 and 2003, therefore the Collier County Growth Management Plan is consistent with the State Comprehensive Plan. Ce Consistency with the Strategic Regional Policy Plan for the Southwest Regional Planning Council: Section 32, Chapter 93-206, F.S. requires regional planning councils to adopt "Strategic Regional Policy Plans" (SRPPs). The Southwest Florida Regional Planning Council (SWFRPC) updated its SRPP on July 4, 2002. Therefore, the current SRPP differs from the 1995 plan that was evaluated in Collier County's1996 EAR. Collier County evaluated the current GMP for consistency with the SRPP. The following list summarizes all of the changes made to the SRPP between 1997 and 2003. EAR-based amendments should include the correction of all observed inconsistencies between the two plans. CCGMP Consistency with Changes to Section 32, Chapter 93-206, F.S. (1996 - 2003) SRPP New Goal Area: Affordable Housing issue 442: "Livable Communities: .... Protect existing well-established neighborhoods and communities and revitalize those experiencing deterioration." Several policies within the existing Housing Element (see Section 1.5.D of this report) support this Regional Goal. Therefore, no changes are recommended to the Collier County Housing Element relative to this regional Goal. SRPP New Goal Area: Affordable Housing Issue 4/4: "Human Services: .... Coordinate local housing programs with related programs to enhance services to clients." The new Goal identifies the following actions: 1. Coordinate with housing and service providers to promote the formation of comprehensive programs that offer ,job training and support 1.6.1 7. services, such as daycare and transportation, for individuals with affordable housing needs. 2. Assist local governments and housing providers in working together to apply for state and federal funds as applicable to fill identified gaps. 3. Work with service providers and local governments to identify critical needs that cannot be resolved through current funding sources. Where possible, assist communities in developing local or regional networks to address those needs. Several policies within the existing Housing Element (see Section 1.5.D of this report) support this Regional Goal. Therefore, no changes are recommended to the Collier County Housing Element relative to this regional Goal. SRPP New Goal Area: Affordable Housing Issue #5: "Regional Cooperation:" Communities will work together to address regional housing needs." The new Goal identifies the following actions: 1. Assist communities in developing interlocal agreements with neighboring communities so they work together to jointly address community-wide or regional housing concerns. 2. Continue to coordinate the Housing Providers Coalition as a means of bringing together housing providers from the Region to share information and ideas. 3. Assist housing and service providers in working together to stretch limited dollars and eliminate any unnecessary overlap of services. The Collier County Housing Element was prepared jointly with the City of Naples. It contains policies to be implemented by the City, policies to be implemented by the County, and policies that are jointly implemented by both entities. Therefore, no changes are recommended to the Collier County Housing Element relative to this regional Goal. SRPP New Goal Area: Economic Development Issue #1: "Economic Infrastructure:" "Ensure a health care system that addresses the needs of both business and the work force." The Collier County Growth Management Plan currently has no Element containing language that relates specifically to health care issues. Therefore, EAR-based amendments should include the addition of such language to one or more Elements of the GMP. SRPP New Goal Area: Economic Development Issue #1: "Economic Infrastructure:" "Ensure the availability of the infrastructure needed for advanced telecommunications and high technology." The Collier County Growth Management Plan currently has no Element containing language that relates specifically to telecommunications issues, beyond siting criteria for towers. Therefore, EAR-based amendments should include the addition of such language to one or more Elements of the GMP. SRPP New Goal Area: Economic Development Issue #3: "Livable Communities: .... Enhance support for econon-fic development." Collier County's recently adopted Economic Element contains language consistent with the SRPP Goal. Therefore, the existing Collier County GMP is consistent with this Regional Goal. SRPP New Goal Area: Economic Development Issue #4: "Diversity: .... Inventory the business incentives offered in the Region." Collier County recently adopted a countywide program of economic incentives to attract new businesses. However, these incentives are not currently reflected within the County's Economic Element. Therefore, EAR-based amendments should include the addition of a policy to the Economic Element, which incorporates the Incentives Ordinance by reference. 1.6.2 o o 10. 11. 12. 13. SRPP New Goal Area: Economic Development Issue #4: "Diversity: .... Work with communities to develop eco-tourism." Collier County's recently adopted Economic Element contains language consistent with the SRPP Goal. Therefore, the existing Collier County GMP is consistent with this Regional Goal. SRPP New Goal Area: Issue #6: "Regional Cooperation." "Promote regional cooperation and coordination for economic development." Collier County's recently adopted Economic Element contains language consistent with the SRPP Goal. Therefore, the existing Collier County GMP is consistent with this Regional Goal. SRPP New Goal Area: Issue #6: "Regional Cooperation." "Provide technical assistance to member local governments and other public economic development entities." Collier County regularly provides technical assistance to the Collier County Economic Development Council (EDC), which in turn works with the County's three municipalities. Additionally, Collier County's recently adopted Economic Element contains language consistent with the SRPP Goal. Therefore, the existing Collier County GMP is consistent with this Regional Goal. SRPP New Goal Area: Emergency Preparedness Issue #3: "Livable Communities:" "Maintain up-to-date fuel shortage and energy loss emergency response plans." Currently, the Collier County Comprehensive Emergency Management Plan (which is adopted by reference in the County's Conservation and Coastal Management Element) does not have policies or procedures dealing specifically with fuel shortages or energy loss, except in the context of a larger countywide disaster (such as a hurricane). Therefore, the County Emergency Management Plan will be amended to include such policies and procedures. SRPP New Issue/Goal Area: Regional Transportation Issue #1: "Balanced Intermodal/Multimodal System: .... Coordinate investments in rail infrastructure with the needs of the private sector to maximize the development of existing and future industrial, manufacturing and agricultural centers." The only active rail line in Collier County is for the specific use of a cement plant in the North Naples portion of the County. Otherwise, all former railroad lines in the County have been long-since abandoned and torn up. There appears to be no significant demand for this type of transportation facility. Therefore, the County Growth Management Plan is consistent with the Regional Goal. SRPP New Issue/Goal Area: Regional Transportation Issue #2: "Livable Communities:" "Incorporate community impact assessment techniques throughout the transportation project planning and development process." The SRPP has established three indicators relative to this Regional Goal: Number of communities using community impact assessment techniques Formation of a community continuing public education/information program, and Number of persons adversely impacted by transportation projects or enhancements. Collier County's road improvement planning process is carried out via the public meetings of the Collier County Metropolitan Planning Organization. Also, the County's Transportation Division utilizes advisory committees regarding various types of transportation issues. However, the Regional Goal calls specifically roi' the use of "community impact assessment techniques," and the County does not currently require the use of such techniques. Therefore, the Transportation Element will be amended to incorporate the use of such techniques within the transportation planning process. 14. SRPP New Issue/Goal Area: Regional Transportation Issue #2: "Livable Communities:" "Report annually on the relationship between transportation, natural and manmade resources and impact on the quality of life." The Regional Goal contains three indicators: Maintenance of air quality standards Acreage of wetlands and significant uplands impacted by new transportation systems, and Number of protected (wildlife) corridor travel ways/crossings. The County's Conservation and Coastal Management Element (CCME; see Section 1.5.F of this report) contains goals, objectives and policies relative to all of the stated regional indicators. Therefore, the Collier County Growth Management Plan is consistent with the Regional Goal. 15. SRPP New Issue/Goal Area: Regional Transportation Issue #4: "Transportation System:" "Develop tools, approaches, and funding opportunities represented by ITS (International Transportation Society) for addressing local transportation system management and operational needs." Although Collier County's Transportation Element contains no specific language relative to the above regional issue, the County's transportation engineers and planners are required to maintain knowledge and awareness of the most currently recognized transportation "tools, approaches, and funding opportunities," and employ such tools and strategies whenever feasible. Therefore, the Collier County Growth Management Plan is consistent with the Regional Goal. 16. SRPP New Issue/Goal Area: Regional Transportation Issue #5: "Regional Cooperation:" "Implement new financing alternatives to overcome the shortfall of transportation funding." The County's Transportation Element (see Section 1.5.B of this report) contains a neighborhood traffic safety program that relies on the creation of neighborhood MSTUs/MSBUs for funding of traffic calming devices and strategies. Therefore, the Collier County Growth Management Plan is consistent with the Regional Goal. D. Consistency with Chapter 163, Part II, Florida Statutes (F.S.): Chapter 163, Part II, F.S., covers Growth Policy, County and Municipal Planning, and Land Development Regulation. The following list summarizes legislative changes made to Chapter 163 between 1996 and 2003, and identifies whether 1) these changes require modification to any particular CCGMP Element, 2) whether the changes have already been addressed through prior plan amendments, and 3) whether the changes are optional or are simply procedural in nature. CCGMP Consistency with Changes to Chapter 163, F.S. (1997 - 2003) o o o ° ° 10. A 1996 change to section 163.3187 (1) (c), F.S., amended the criteria for small-scale amendments that are exempt from the twice-per-year State review limitation. Changes to the County's plan amendment procedures have previously addressed this amendment. A 1996 change to Section 163.3177 (6) (h), F.S., required the Intergovernmental Coordination Element (ICE) to include consideration of school board plans. This requirement was considered optional; however, the County has since amended its Future Land Use Element and Land Development Code to include consideration of the plans of the Collier County School District. A 1996 change to Section 163.3177 (6) (h), F.S., revised the requirements for processes and procedures to be included within the ICE. However, this requirement was later made optional and was not adopted by Collier County. A 1996 change to Section 163.3177 (6) (h), F.S., required local governments to establish joint review processes (with other local jurisdictions) for review of large-scale land development projects within one year after adoption of the revised ICE. However, this requirement was later made optional and was not adopted by Collier County. A 1996 change to Sections 163.3177 (6) (h) 1 & 2, F.S., and Section 163.3180 (1) (b) 2., F.S., required local governments that elected to extend concurrency to public schools must satisfy intergovernmental coordination requirements. The County's ICE has been previously amended consistent with this requirement. A 1996 change created Section 163.3217, F.S., which permitted the creation of a municipal overlay through the plan amendment process. This requirement was made optional and was not adopted by Collier County. A 1996 change created 163.3244, F.S, which authorized the Florida Department of Community Affairs (DCA) to undertake a sustainable communities demonstration project. This requirement was not applicable to Collier County. A 1997 change to section 163.3180 (6), F.S., amended the definition of a de minimis impact as pertaining to concurrency requirements. This was a procedural requirement that has been addressed by Collier County. A 1997 change to Section 163.3184 (14), I~.S., established the requirement that local plans or plan amendments relative to a designated Area of Critical State Concern (ACSC) must be found in compliance via the issuance of a Final Order by the Florirta Adn~tinistration Commission. Collier County's rules and regulations for the Big Cypress ACSC incorporate this provision. A 1997 change to Section 163.3187 (1) (c), F.S., amended the maximum annual acreage criterion for small-scale amendments in Duval County. This requirement was not applicable to Collier County. 11. 12. 13. 14. 15. 16. 17. 18. 19. A 1997 change to Section 163.3187 (2) (b), F.S., prohibited locally adopted plan amendments involving Areas of Critical State Concern (ACSCs) fi'om becoming effective if the amendments had been found "not in compliance." Collier County's rules and regulations for the Big Cypress ACSC incorporate this provision. A 1998 change to Section 163.3177 (3) (a) 4., F.S., required the local government comprehensive plan's Capital Improvement Element (CIE) to set forth standards for the management of debt. Collier County's CIE includes provisions for debt management. A 1998 change to Section 163.3177 (5) (a), F.S., required the inclusion of both 5-year and 10-year planning periods in local comprehensive plans. Collier County's Growth Management Plan is consistent with this provision. A 1998 change to Section 163.3184 (3) (d), F.S., allowed local governments to submit multiple comprehensive plan amendments within one amendment cycle. This had been the norm, but the practice was technically inconsistent with State Law until this Statute was amended. Collier County's plan amendment process is consistent with this provision. A 1998 change to Sections 163.3164 (31) and 163.3245, F.S., defined optional sector plans and allowed local governments to address Development of Regional Impact (DRI) issues in certain geographic areas specifically identified within the local plan. This requirement was made optional and was not adopted by Collier County. A 1998 change created Section 163.3177 (12), F.S., which set forth the requirements to be met by a new Public School Facilities Element, adopted by a local government to address school concurrency. Collier County does not have a Public School Facilities Element in its Growth Management Plan. However, the County has adopted similar provisions in its Future Land Use and other Elements. A 1998 change created Section 163.3180 (12), F.S. (later made Section 163.3180 (13), F.S.), which established minimum requirements for local governments to follow when imposing school concurrency. At the time, Collier County did not have a school concurrency program. However, the County has since adopted such a program in its Future Land Use and other Elements. A 1998 change created Section 163.3180 (13) (now Section 163.3180 (14)), F.S., which requires DCA to adopt minimum criteria to be used in determining compliance for a local government Public School Facilities Element. This amendment was not applicable to Collier County. A 1998 change to Section 163.3191 (2) (i), F.S., required local government Evaluation and Appraisal Reports assess coordination of the local government comprehensive plan with existing school facilities needs and the local school district's 5-year planning program. The current EAR evaluates these issues in Section 3.1 of this Report. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. A 1998 change to Section 163.3184 (1) (b), F.S., required a DCA finding of "in compliance" (by a local comprehensive plan) to include consistency with Sections 163.3180 & 163.3245, F.S. This requirement was not applicable to Collier County. A 1998 change to Sections 163.3184 (2), (4) & (6), F.S., required DCA to maintain documents relating to local plan amendments, limited DCA comments to written materials, and required the Department to disclose (in printed form) all written communications that it receives within 30 days of a proposed amendment's transmittal by the local government. This requirement was not applicable to Collier County. A 1998 change to section 163.3187 (6) (b), F.S., provided that local governments have one year, after its adopted EAR is determined to be sufficient or insufficient, to adopt EAR-based amendments. Collier County's EAR process is consistent with this requirement. A 1998 change to Section 163.3191, F.S., substantially reworded this Statute, which includes reqnirements for local Evaluation & Appraisal Reports. The current Collier County EAR is being prepared in accordance with this Statute. A 1998 change to Section 163.3177 (6) (i), F.S., changed population requirements for counties and cities submitting certain optional Plan Elements. The Collier County Growth Management Plan was previously amended to be consistent with this requirement. A 1999 change created Sections 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, and 163.2526, F.S., which are designed to promote urban infill and redevelopment. The Collier County Growth Management Plan was previously amended to be consistent with this requirement. A 1999 change to Section 163.3177 (6) (a), F.S., required local comprehensive plans to be consistent with school siting requirements. The current Collier County Growth Management Plan is consistent with this requirement. A 1999 change to Section 163.3180 (1) (a), F.S., officially made transportation facilities subject to concurrency. The current Collier County Growth Management Plan is consistent with this requirement. A 1999 change to Section 163.3180 (1), F.S., required the use of "professionally accepted techniques" for measuring transportation levels of service. The current Collier County Growth Management Plan is consistent with this requirement. A 1999 change to Section 163.3180 (4) (b), F.S., excluded public transit facilities from concurrency requirements. The current Collier County Growth Management Plan is consistent with this requirement. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. A 1999 change to Section 163.3180 (12), F.S., allowed multi-use developments of regional impact (DRIs), when specifically authorized to do so by the local comprehensive plan, to satisfy transportation concurrency requirements through payment of a proportionate share contribution. This provision was optional, but was later adopted by Collier County. A 1999 change to Section 163.3180 (15), F.S., allowed local governments to establish multi-modal transportation districts if certain pedestrian movement conditions were met. The current Collier County Growth Management Plan is consistent with this requirement. A 1999 change to Sections 163.31879 (1) (h) and (i), F.S., exempted urban infill, community redevelopment area, and public school concurrency amendments from the twice-per~year DCA review limitation. Collier County's plan amendment process is consistent with this requirement. A 2000 change to Section 163.3220 (2) (b), F.S., added brownfield designations to those types of projects which may proceed through the local government developer agreement process. A 2000 change to Section 163.3184 (11) (c), repealed an earlier requirement that placed State funds withheld from a local government due to a noncompliance finding into the State's Growth Management Trust Fund. This amendment was not applicable to Collier County. A 2000 amendment repealed Section 163.3187 (7), F.S., which had to do with DCA consideration of a local government's petition to increase the annual acreage limitation for small-scale amendments. This amendment was not applicable to Collier County. A 2000 change to Section 163.3191 (15), F.S., addressed the DCA review of certain Evaluation 8,: Appraisal Reports with due dates in 1998 and 1999. This amendment was not applicable to Collier County. A 2000 change to Section 163.3187 (1) (c) 1.e., F.S., exempted amendments involving small-scale development within Areas of Critical State Concern from the DCA twice-per- year review limitation, if such amendments involved the construction of affordable housing. Collier County's plan amendmen~ process is consistent with this requirement. A 2001 change to Section 212.2517 (3) (j) 2., F.S., created tax incentives relative to urban infill development. This amendment was not applicable to Collier County. A 2001 change to Section 163.3177 (11) governments in discouraging urban sprawl. Collier County. (d), F.S., required DCA to assist local This amendment was not applicable to 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. A 2002 change to Section 163.3174, Florida Statutes, required local boards that review plan amendments and rezone petitions to include a non-voting representative of the local school district. Collier County's review process is consistent with this requirement. A 2002 change to Section 163.3177 (4) (a), F.S., requires the coordination of local government comprehensive plans with applicable Water Management District water supply plans. These issues are reviewed within Section 3.2 of this report. A 2002 change to Section 163.3177 (6) (a), F.S., allowed map amendments relative to school siting to be exempt from DCA's twice-per-year review limitation. Collier County's plan amendment process is consistent with this requirement. A 2002 change to Section 163.3177 (6) (c), F.S., required the Potable Water Sub-Element to consider the applicable Water Management District water supply plans and to include a 10-year water supply facilities plan. These issues are reviewed within Section 3.2 of this report. A 2002 change to Section 163.3177 (6) (d), F.S., required the Conservation and Coastal Management Element (CCME) to consider the applicable Water Management District water supply plans or water management plans. These issues are reviewed within Section 3.2 of this report. A 2002 change to Section 163.3177 (6) (h), F.S., required the Intergovernmental Coordination Element to state the principles used to coordinate the comprehensive plan with the applicable regional water supply plan. These issues are reviewed within Section 3.2 of this report. A 2002 change to Sections 163.3177 (6) (h) 6., 7., & 8., F.S., requires counties with a population exceeding 100,000 to submit a report to DCA identifying certain interlocal service agreements, any observed service deficiencies or overlaps, and any resultant proposed amendments to the Intergovernmental Coordination Element. Collier County is in the process of preparing such a report. A 2002 change created Section 163.3177 (6) (h) 9., F.S., which allowed local governments to provide the legislature with recommendations on changes to State municipal annexation laws by February 2003. This requirement was optional and did not directly impact Collier County. A 2002 change created Section 163.31777, F.S., which required local governments and school boards to establish an interlocal agreement addressing provisions for enrollment forecasting, school capacity, school infrastructure, safety concerns, the use of schools as emergency shelters, and the shared use of school facilities. The Collier County Growth Management Plan is consistent with this requirement. A 2002 change to Section 163.3180 (4) (lc), F.S., added a provision that allows local governments to w'aive transportation concurrency requirements for certain designated 50. 51. 52. 53. urban infill and redevelopment areas. The Collier County Growth Management Plan is consistent with this requirement. A 2002 change to Section 163.3184 1) (a), F.S., added property owners to the list of "affected persons" relative to a comprehensive plan or plan amendment. The Collier County Growth Management Plan is consistent with this requirement. A 2002 change to Sections 163.3184 (3), (4), (6), (7) & (8), streamlining of the comprehensive plan amendment review process. Growth Management Plan is consistent with this requirement. F.S., allowed for The Collier County A 2002 change to Section 163.3184 (15) (c), F.S., required the local government to provide public sign-in forms at public hearings for plan amendment transmittal and adoption. Collier County's plan amendment process is consistent with this requirement. A 2002 change to Section 163.3187 (1) (k), F.S., exempted plan amendments related to transportation life-safety issues from the DCA twice-per-year review limitation. Collier County's plan amendment process is consistent with this requirement. 54. 55. 56. 57. A 2002 change to Sections 163.3191 (1) & (m), F.S., required local Evaluation & Appraisal Reports to consider regional water supply issues and whether reductions of residential density in coastal high hazard areas have impaired private property rights. The current Evaluation & Appraisal Report examines these issues in Sections 3.2 and 3.3 of this report. A 2002 change created Section 163.3215, F.S., which allows local governments to establish a special master process relative to local comprehensive plan consistency-based challenges of local development orders. This process was optional and has not been adopted by Collier County. A 2002 change created Section 163.3246, F.S., which creates a certification process to allow local comprehensive plans to be subject to reduced State oversight, provided that certain requirements are met. Collier County has not sought certification through this process. A 2002 change created Section 163.3194 (6), F.S., which prohibits a local government from denying development approval for certain proposed solid waste management facilities if the facilities have received permit approval by the Florida Department of Environmental Protection. This requirement is not applicable to Collier County. E. Consistency with Rule 9J-5, Florida Administrative Code (F.A.C.): Rule 9J-5, Florida Administrative Code, (F.A.C.) establishes minimum criteria for the preparation, and State reviews of local government comprehensive plans and plan amendments pursuant to Chapter 163. Florida Statutes. The following list summarizes legisla~tive changes 1.6.10 made to Rule 9J-5 between 1996 and 2003 and identifies whether 1) these changes require modification to any particular CCGMP element, 2) the changes have already been addressed through prior plan amendments, or 3) if the changes are optional or are simply procedm'al in nature. CCGMP Consistency with Changes to 9J-5, F.A.C. (1996- 2003) A February 1996 change to Rule 9J-5.007, 8, & 9, F.A.C., (reference: 163.3177 FS & 9J- 5.019, F.S.) repealed rule requirements for local governments' Traffic Circulation, Mass Transit, and Ports, Aviation and Related Facilities Elements. However, Statutory requirements for the Elements were not repealed. Collier County has a "Traffic Circulation Element (the County's Transportation Element), but does not have the other referenced Elements. The County Transportation Element is reviewed in Section 1.5.B of this report. A February 1996 change to Rule 9J-5.0014, F.A.C., (reference: 163.3177, F.S.) repealed rule requirements for the local Recreation and Open Space Element. However, Statutory requirements for the Elements were not repealed. An evaluation of Collier County's Recreation & Open Space Element is contained in Section 1.5.E of this report. o A February 1996 change repealed Rule 9J-5.021, F.A.C., (reference: 163.3184, F.S.), which required local comprehensive plans to be consistent with the applicable Comprehensive Regional Policy Plan and the State Comprehensive Plan. However, Statutory requirements were not repealed. This Section of the Evaluation & Appraisal Report addresses consistency with the Southwest Florida Strategic Regional Policy Plan and the State Comprehensive Plan. An October 1998 change created Rule 9J-5.025, F.A.C., (reference: 163.3177 (9), 163.3177 (12), 163.3180 (12), and 163.3180 (13), F.S.), which established concurrency requirements for the optional Public School Facilities Element. Collier County does not have such an Element as part of its Growth Management Plan. A March 1999 change to Rule 9J-5.003, F.A.C., (reference: 163.3164, F.S.) added definitions for mass transit facilities and stormwater management facilities, and revised definitions for affordable housing, coastal planning area, port facility, wetlands, and the terms: "adjusted for family size," "adjusted gross income," "development," "high prime recharge area," "mass transit," "paratransit," "public facilities," and "very low-income family." The Collier County Growth Management Plan employs these phrases and terms consistent with the Rule. A March 1999 change to Rule 9J-5.005 (2) (g) & 8 (i), F.A.C., (reference: 163.3167, 163.3171, 163.3174, 163.3177, 163.3178, 163.3181, 163.3184, 163.3187, 163.3191, 163.3194, F.S.) revised requiren-~ents concerning the adoption of documents by reference into the local comprehensive plan. The Collier County Growth Management Plan is consistent with this requirement. 7. A March 1999 change repealed Rule 9J-5.0053 (2) to (.5), F.A.C., which contained requirements for adoption, transmittal, sc~bmittal and evaluation of local government t.6.11 Evaluation & Appraisal Reports. However, relevant statutory requirements were not repealed. This Section of the Collier County Evaluation & Appraisal Report reviews the compliance of the Collier County Growth Management Plan with the statutory provisions. A March 1999 change to Rule 9J-5.0055 (3) (c) 6., F.A.C., (reference: 163.3180(6), F.S.) revised the conditions for de minin-fis impacts of a development with regard to concurrency requirements. The Collier County Growth Management Plan is consistent with this requirement. A March 1999 change to Rule 9J-5.006 (4), F.A.C., (reference: 163.3177 (9), (10), 163.3180 (14), F.S.) required designated transportation concurrency exception areas and potential future municipal incorporation areas to be shown on the Future Land Use Map Series. Collier County's designated Transportation Concurrency Exception Area (see Section 1.5.B of this report) complies with this rule. 10. A March 1999 change to Rule 9J-5.011 (2) (b) 5., F.A.C., (reference: 163.3177(6) (c), F.S.), required the Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water and Natural Groundwater Aquifer Recharge Element to address protection of high and prime recharge areas. Collier County's Public Facilities Element (see Sections 1.5.C.1 through 5 of this report) addresses this requirement. 11. A March 1999 change repealed Rule 9J-5.015 (4), F.A.C., (reference: 163.3177(9), (10), F.S.) which had required local governments with a population exceeding 100,000 to establish an intergovernmental review process, via their Intergovernmental Coordination Element, for large-scale developments. 12. A March 1999 change to Rule 9J-5.019 (1), F.A.C., (reference: 163.3177(9), (10), F.S.) clarified local governments which were required to adopt a Traffic Circulation Element and which must prepare Mass Transit and Ports, Aviation and Related Facilities Elements. Collier County's "Traffic Circulation Element" is included within the Transportation Element (see Section 1.5.B of this report). The County is not required to have the other referenced Elements. 13. A March 1999 change to Rule 9J-5.019 (4) (c) 15 - 21, F.A.C., (reference: 163.3177(9), (10), F.S.) required additional policies for local Transportation, Future Land Use and Conservation & Coastal Management Elements, regarding onsite traffic flow, acquisition and preservation of transit rights-of-way and corridors, expansion of port and airport facilities, mitigating port and airport expansion impacts upon natural resources, conservation of natural resources regarding ports and airports, coordinated intermodal management associated with ports and airports, and protection of ports and airports from incompatible land uses. The Collier County Growth Management Plan is consistent with this Rule. 14. A March 1999 change to Rule 9J-5.022, F.A.C., (reference: 163.3202(2), F.S.) added standards for DCA review of local Land Development Regulations. Collier County's Land Development Code Amendment process is consistent with these standards. 1.6.12 15. A March 1999 change to Rule 9J-5.023, F.A.C., (reference: 163.3202 (5), F.S.) added criteria for use by DCA in determining whether land development regulations are consistent with the local comprehensive plan. Collier County's Land Development Code Amendment process is consistent with these criteria. 16. A February 2001 change to Rule 9J-5.003, F.A.C., (reference: 163.3164, F.S.) defined the term "general lanes," with regard to the Florida Intrastate Highway System (FIHS), revised the definition of "marine wetlands," and repealed a definition for "public facilities and services." The Collier County Growth Management Plan is consistent with these changes. 17. A February 2001 change to Rule 9J-5.005 (7), F.A.C., (reference: 163.3177, 163.3178, and 163.3191, F.S.) revised DCA procedures for monitoring, evaluating and appraising implementation of local comprehensive plans. This change did not directly impact Collier County. 18. A February 2001 change repealed Rule 9J-5.0053, F.A.C., (reference: 163.3177, 163.3178, and 163.3191, F.S.) which had contained earlier requirements for monitoring, evaluating and appraising implementation of local comprehensive plans. This change did not directly impact Collier County. 19. A February 2001 change to Rule 9J-5.0055 (1) & (2), F.A.C., (reference: 163.3177(9), (10), (11)(e) F.S.) revised the local government concurrency management system requirements to add provisions for establishing public school concurrency. The Collier County Growth Management Plan is consistent with these changes. 20. A February 2001 change to Rule 9J-5.0055 (2) (b) & (3) (c), F.A.C., (reference: 163.3177(9), (10), (ll)(e) F.S.) authorized the establishment of multi-modal transportation Level Of Service (LOS) standards and established requirements for the creation of multi-modal transportation districts. These requirements are optional and have not been adopted by Collier County. 22.A February 2001 change to Rule 9J-5.0055 (2) (c), F.A.C., (reference: 163.3180(10), F.S.) authorized local governments to establish LOS standards for general use lanes on the Florida Intrastate Highway System. The Collier County Growth Management Plan is consistent with these changes. 23. A February 2001 change to Rule 9J-5.0055 (8), F.A.C., (reference: 163.3180 (4) (b), F.S.) exempted public transit facilities from concurrency management requirements. The Collier County Growth Management Plan is consistent with these changes. 24. A February 2001 change to Rule 9J-5.0055 (9), F.A.C., (reference: 163.3180(11), and 163.3180(12), F.S.) authorized local comprehensive plans to permit payment of a proportional share contribution by nmlti-use developments of regional impact (DRIs), relative to transportation impacts. The Collier County Growth Managelnent Plan is consistent with these changes. 1.6.13 25. A February 2001 change to Rule 9J-5.006 (4), F.A.C., (reference: 163.3177 (9), (10), 163.3180 (14), F.S.) required the local Future Land Use Map to delineate multi-modal transportation districts, if such have been established. Collier County has no such established districts. 26. A February 2001 change to Rule 9J-5.006 (6), F.A.C., (reference: 163.3177 (9), (i0), 163.3180 (14), F.S.) required the local government to set design standards for multi-modal transportation districts. Collier County has no such established districts. 27. A February 2001 change to Rule 9J-5.010 (1) (c), F.A.C., (reference: 163.3177 (9), (10), F.S.) required the Housing Element to inventory substandard dwelling units, and repealed an earlier requirement for local housing authorities to define standards for housing conditions. Collier County staff is currently (April 2004) in the process of carrying out an inventory of substandard dwelling units in Collier County. The Collier County Housing Element is evaluated in Section 1.5.D of this report. 28. A February 2001 change to Rule 9J-5.010 (2) (b), F.A.C., (reference: 163.3177 (9), (10), F.S.) authorized local governments, as an option; to supplement the State-required affordable housing needs assessment with locally generated housing data that more clearly reflects local conditions. Collier County staff is currently (April 2004) in the process of carrying out an inventory of substandard dwelling units in Collier County. The Collier County Housing Elernent is evaluated in Section 1.5.D of this report. 29. A February 2001 change created Rule 9J-5.015 (3) (b), F.A.C., (reference: 163.3177 (6) (h), F.S.) which required the placement of Objectives into the Intergovernmental Coordination Element to ensure local adoption of interlocal agreements and intergovernmental coordination procedures relative to public school concurrency. The Collier County Growth Management Plan is consistent with this requirement. 30. A February 2001 change to Rule 9J-5.015 (3) (c), F.A.C., (reference: 163.3177 (9), (10), and 163.3180 (13), F.S.) specified requirements for Intergovernmental Coordination Elements concerning collaborative planning among local governments and school boards. The Collier County Growth Management Plan is consistent with this requirement. 31. A February 2001 change to Rule 9J-5.016 (4) (a), F.A.C., (reference: 163.3177 (9), (10), F.S.) required local Capital Improvement Elements to include public school facilities programs (if imposed by local option for concurrency purposes) and schedules of improvements for multi-modal transportation districts (if the local govermnent has established such districts). These requirements were optional and were not adopted by Collier County. 32. A February 2001 change to Rule 9J-5.019 (3), F.A.C., (reference: 163.3180(15)(a) and (b), F.S.) required local governments to demonstrate (within their Transportation Elements) how local transportation design standards support the operation of multi-lnodal transportation districts. Collier County has not adopted such districts. 1.6.14 33. A February 2001 change created Rule 9J-5.019 (4) (c) 22, F.A.C., (reference: 163.3180(15)(a) and (b), F.S.), which established pedestrian travel requirements relative to multi-modal transportation districts. Collier County has not adopted such districts. 34. A February 2001 change to Rule 9J-5.019 (4) (c) 1, F.A.C., (reference: 163.3180 (10), F.S.) authorized local governments, with the concurrence of the Florida Department of Transportation, to establish LOS standards for general lanes within the Florida Intrastate Highway System. The Collier County Growth Management Plan is consistent with this requirement. 1.6.15 1.7 - PUBLIC PARTICIPATION SUMMARY In accordance with Section 163.3191 (2)(j) Florida Statutes (F.S.) Collier County is required to submit a summary of the public participation program and activities undertaken during the preparation of the EAR. The following narrative outlines the significant events that have occurred in conjunction with the development of major issues and preparation of this report. BCC INTRODUCTION E.A.R. WORKSHOP APRIL 29, 2003 EAR Scoping Meeting Attendance Sheet, 6/2/03: Name: Department: 1 Ray Smith Collier County Pollution and Prevention Dept. 6 Stan Litsinger Collier County, Comprehensive Planning Sec. 7 Dan Summers Collier County, Emergency Management Dept. 8 Barbara Burgeson Collier County, Environmental Services Dept. 9 Bill Lorenz Collier County, Environmental Services Dept. 10 Cormac Giblin Collier County, Housing Dept. 11 Maria Ramsey Collier County, Parks & Recreation Dept. 12 Murdo Smith Collier County, Parks & Recreation Dept. 13 Ivy Wylie Collier County, Public Utilities & Engineering Dept. 14 Ed Kant Collier County, Transportation/Operations Dept. 15 Donald Scott Collier County, Transportation/Planning Dept. 16 Bernard Piawah F~orida Department of Community Affairs 17 Henry Bittaker South Florida Water Management District 18 Mike Bauer South Florida Water Management District 19 Palmer Mason South Florida Water Management District 20 Susan Caughanour South Florida Water Management District 21 Clarence Tears South Florida Water Management District/Big Cypress Basin 22 David Crawford Southwest Florida Regional Planning Council Internal meetings held on the following: MEETING TRANSPORTATION PUBLIC NATURAL PARKS & SCHOOL DATES: UTILITIES RESOURCES RECREATION BOARD July 2003 L.O.S. STANDARDS WATER/SEWER HABITAT LOS SCHOOLS WELLHEAD RESTORATION; STANDARDS & August TRANSPORTATION; PROTECTION; ENVIRONMENTAL FOR PARKS; ANCILLARY 2003 IMPROVEMENTS MANAGEMENT PLANTS PROGRAMS; CAPITAL September TRANSPORTATION EXPENDITURES I 2003 CONCURRENCY FOR RECREATION October FINANCIAL COASTAL FACILITIES; 2003 FEASIBILITY (TIP) BARRIER & MANAGEMENT- ESTUARINE PUBLIC November PROGRAMS RESOURCES BEACHES 2003 .... Internal Reviews were also held as follows: ~-,,..& F F HOUSING POPULATION -REDEVELOPMENT INDUSTRIAL- PRE-DISASTER ~EWERS: GROWTH AREAS COMMERCIAL PLANNING CRITERIA Stan Litsinger; CURRENT POPULATION COMMUNITY LOCATIONAL COASTAL Comp. Planning DEMAND GROWTH REDEVELOPMENT CRITERIA CONSTRUCTIO Director NON-PROFIT CHANGES; MIXED-USE CONTROL; HOUSING; PLANNING Darren Murphy, EXISTING HURRICANE Planner DENSITY DEVELOPMENT; EVACUATION; BONUS Glenn Heath, PROVISIONS; RESIDENTIAL GIS ANALYSIS; Principal NEIGHBORHOODS Planner LOAN COASTAL HIGH TRACKING; RESIDENTIAL; HAZARD AREA~ Jason Sweat, OVER Principal UNDEVELOPED COMMERCIAL Planner LOTS; David Weeks, INFILL Chief Planner DEVELOPMENT; HOUSING John-David INVENTORY; Moss, Senior Planner DEMOLITION UNSAFE Jourdan, HOUSING; Sen~or Planner i HISTORICAL Marcia Kendall, HOMES Planner I Workshops with Officials: COLLIER COUNTY PLANNING COMMISSION WORKSHOP: E.A.R, REPORT December 18, 2003 BOARD OF COUNTY COMMISSIONERS WORKSHOP: E,A.R. REPORT Januarv 13, 2004 2 2.1: CONCURRENCY MANAGEMENT - Revenue Streams A. Introduction & Background Collier County employs "Generally Accepted Accounting Principles" in all of its account tracking activities. The County's Impact Fee Program is designed to pay for County facilities and services required by approved development. However, the Board of County Commissioners must approve the impact fee charges and the methodologies used in assessing such fees. In recent years, the impact fees assessed on new developments were insufficient to pay for the cost of providing facilities and services to such development. Thus, the balance of the cost had to be mitigated fi'om other funding sources. The Board of County Commissions has traditionally rejected increases to ad valorem taxation to pay for funding shortfalls~ In 2002 and 2003, the Board of County Conunissioners dramatically increased the impact fee amounts~ Fees charged for permits do not directly reflect County growth management objectives. These fees are designed to recompense staff time and County resources spent processing permit applications. Permitting fees are not set higher or lower based upon a particular geographic area. B. Identification of Specific Goals, Objectives & Policies Concurrency management is essential to the overall operation of the County, As a result, references to concurrency and finance are sprinkled throughout the Growth Management Plan. CAPITAL IMPROVEMENT ELEMENT - Financial Feasibility OBJECTIVE 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovermnental revenues received based on economic activity Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital expenditures for all needed public facilities shall not exceed conserw~tive estimates of revenues from sources thal are available to the Couuty pursuant to current law, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.2: Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy 1.2.3: Publid facilities financed by County enterprise funds (i.e., potable water, sanitary sewer and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). (III) Policy 1.2.4: Public facilities financed by non-enterprise funds (i.e., roads, surface water management, parks, library, emergency medical service, and jail shall be financed from current revenues and assets (pay-as-you-go financing) and Revenue Bonds approved by the Board of County Commissioners~ Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital improvements or for excess capacity. Policy 1.2.5: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. Policy 1.2.6: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy I. 1.5 of this element in order to assess new development a pro rata share o15 the costs required to finance transportation improvements necessitated by such development. (II) Policy 1.2.7: The County shall continue to collect impac~ fees /'or Parks and Recreation, EMS and Library facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS and Library improvements necessitated by such development. 2 12 Policy 1.2.8: If, for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth during the next five (5) fiscal years; Bo Remove from the adopted Schedule of Capital Improvements through a plan amendment, facility improvement or new facilities that reduce the operating cost of providing a service or facility but do not provide additional facility capacity; Co Where feasible, transfer funds from a funded Non-Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update~ Do Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. Do not issue development orders that would continue to cause a deficiency based on the facility's adopted level of service standar& Policy 1.2.9: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%. Whereas Florida Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of constraint. Current bondable revenues are ad valorem taxes and State-shared revenues, specifically gas taxes and the half-cent sales tax The Enterprise Funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded fi'om this debt policy~ CAPITAL IMPROVEMENT ELEMENT - Concurrency Management (III) OBJECTIVE 1.5: To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent with Chapter 163, Part II, Florida Statutes and Rule 9J-5.0055, Florida Administrative Code, The County shall establish a regulatory and monitoring program to ensnre the scheduling, i!unding and timely construction of 2.1~3 Category A public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of' service standards. Policy 1.S.l: The concnrrency reqnirement for the Potable Water, Sanitary Sewer, Drainage and Solid Waste Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: (III) A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or (III) B. The necessary facilities and services are under construction at the time a final site development plan, final plat or building permit is issued; or Co The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may inclnde, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement nmst guarantee that the necessary facilities will be in place when the impacts of the development Occur. (III) Policy 1.S.2: The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: Compliance with any one of the standards set forth in Policy 1.5. I A, B and C is met: or (III) B. At the time the final site development plan, final plat or building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, final plat or building permit; or (III) C The necessary facilities and services are guaranteed in an enforceable development agreement which reqnires the commencement of the actual construction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or_building permit. An enforceable development agreement may include, but is not limited to, development agreements pursnan! lo Section 163.3220. Florida Statutes. or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. (III)Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. Compliance with any one of the standards set forth in Policies 1.5.1 A, B, and C and 1.5.2 B and C is met ;or (III) Bo In areas in which Collier County has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the concurrency requirement of the Transportation Level of Service Standards shall be achieved or maintained if all of the following standards of the Concurrency Management System, based upon an Adequate Capital Improvements Program and adequate implementing regulations are met: (III) o A Capital Improvement Element and a five-year Schedule of Capital Improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible. The Capital Improvement Element and Schedule of Capital Improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program. A five-year Schedule of Capital Improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five-year period under the Schedule of Capital Improvements. A realistic, financially feasible funding system based on currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the building permit and which public facilities are included in the five-year Schedule of Capital lmprovements~ A five-year Schedule of Capital hnprovements which must include the estimated date of commencement of actual construction and the estimated date of project completion. A five-year Schedule of Capital h'nprovements which must demonstrate that all actual construction of the road facilities is scheduled to commence in or before the third year of the five-year Schedule of Capital Improvements. A plan amendment is required to eliminate, defer or delay construction of any road project which is needed to maintain the adopted level of service standard and which is listed in the five-year Schedule of Improvements, (II)(III) Policy 1.5.4: The County shall continue to implement a Concurrency Management System, as identified Division 3.15 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 1o5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. HOUSING ELEMENT Policy 1.3: The City and County will explore the development of a fair share affordable housing ordinance that will require commercial and residential developments to address the lack of affordable housing. The local jurisdiction will evaluate a broad range of options including the development of an affordable housing impact fee, the requirements that a percentage of units developed will be "set aside" for below market rate housing, provide for the transfer of development rights, an option whereby land could be donated to a nonprofit and/or placed in a land bank, or other alternatives that will assist in mitigating the rising need for affordable housing as the population increases. Policy 1.4: Affordable housing will be distributed equitably throughout the County using strategies that include, but are not limited to, density bonus agreements, and impact fee waivers or deferrals. In addition, affordable housing will be located where adequate infrastructure and services are available. Policy 2.7: Increase the utilization of existing impact fee ordinances to facilitate the development of affordable housing through the provisions of waivers and/or deferrals. Policy 2.9: Review the County's Density Bonus Ordinance every two years (o reflect changing community needs and market conditions. Encourage the blending of affordable housing density bonus units into market rate developments and review the feasibility of approving density bonus at an administrative level. Policy 2.10: Through the adoption of local incentives, such as density bonus agreements and impac! fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families. 2 1.6 Policy 2.11: The County Housing and Urban Improvement Department will coordinate with independent water and sewer districts to ensure that the necessary infrastructure and facilities for new housing developments are in place, and consistent with the County's Concurrency Management System. Policy 2.12: The County will adopt and implement policies that address site locations for farm worker housing, including strategies such as density bonus agreements, impact fee waivers or deferrals, and adequate infrastructure and services. OBJECTIVE 3: By 2000, increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including strategies such as Down Payment/Closing Cost Assistance, Rehabilitation and Emergency Repair, Demolition with New Construction, and Impact Fee Waivers or Deferrals. Policy 8.1: The County will coordinate with the USDA and other State and Federal Agencies to provide technical and financial assistance, impact fee waivers and deferrals and increased density, consistent with the Immokalee Area Master Plan, for a 300 bed facility to provide housing for unaccompanied agribusiness workers. INTERGOVERNMENTAL COORDINATION ELEMENT Policy 1.1.3: The Collier County Comprehensive Planning Section of the Planning Services Department shall prepare and review an annual level of service monitoring report of the Growth Management Plan. The pmT~ose of this report is to provide the affected entities with the information in order to evaluate and coordinate level of service standards. Policy 1.1.4: The Collier County Comprehensive Planning Section of the Planning Services Department shall recommend procedures to be taken if the entity that has maintenance responsibility does not plan for the necessary improvements in a timely manner in order to maintain the County adopted level of service. Policy 1.1.5: In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, oi solid waste, the County will coordinate its adopted level of service standard within the parameters allowed by ~he Concurrency Managemen~ System of the Capital ImprovemenI Elemenl of ~his Plan OBJECTIVE 1.4: By January 1, 1999, the County shall complete an evaluation of informal and formal coordination mechanisms between the County, other units of local, regional~ state, and federal government and any private entity that provides an essential public service that affects Levels of Service and/or land use planning in the County. Policy 1.4.1: By January 1, 1998, the County shall establish the criteria to be used to complete an update of the evaluation of informal and formal coordination mechanisms between the County~ other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Levels of Service and/or land use planning in the County. Policy 1.4.2: By January 1, 1998, the County shall implement procedures and activities that will improve communications between the County and other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Level of Service and/or land use planning. These procedures and activities will be based on data derived from the update of the evaluation of informal and formal coordination mechanisms. FUTURE LAND USE ELEMENT Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1,5 of the Capital Improvements Element. (XlI) Policy 2.2: Deficiencies oi' potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, a TCEA, TCMA, add projects to the Capital Improvements Element, enter into a binding commitment with a Developer to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity, GOLDEN GATE MASTER PLAN ELEMENT OBJECTIVE 1.2: Ensure public facilities are provided at an acceptable level of service. Policy 1.2.1: Requests for new uses of land shall be subject to level of service standards and concurrency requirements for public facilities as outlined in the Capital Improvement Element of the Growth Management Plato IMMOKALEE AREA MASTER PLAN ELEMENT Policy 111.3.2: By September 1998, the County Attorney's Office will reseat'ch those steps under law to provide deferral for at least two years the ad valorem taxes and special assessments for new apartments built for and rented to very low and low income households. C. Data Assessment Please refer to the attached Concurrency Management - Revenue Streams "Exhibit A" for a copy of the Collier County Community Development and Environmental Services Fee Schedule, The Board of County Commissioners in March 2004 implemented the County's I 1th impact fee on new construction in an effort to construct government buildings to serve the growing number of residents in Collier County, In April of the same year, the Board of County Commissioners will consider a 12th impac! fee for law enforcement to tax new development to help pay for growth. D. Objective Achievement Analysis Capital Improvement Element, Financial Feasibility - Objective 1.2: Level of service standards and related impact fees, user fees, assessments, etc, are evaluated in an effort to mitigate development costs and growth. Policy 1.2.1: This policy helps to ensure County monitoring of tees and associated revenues pursuant to current laws and regulations, Policy 1.2.2: This Policy coincides with County strategies of having growth pay roi' growth. Policy 1.2.3: See Policy 1.2.2. Policy 1.2.4: Describes public f'acilities and financing methods to maintain the adopted level of service standards. Policy 1.2.5: This Policy reiterates County procedures concerning growth management and concurrency' managemenL Policy 1.2.6: See Policy 1~2.2. Policy 1.2.7: See Policy I~2.2. Policy 1.2.8: This Policy ensures a type of checks-and-balances regarding the adopted levels of service, the Schedule of Improvements, growth management and concurrency management throughout the County. Policy 1.2.9: This Policy identifies the maximum ratio of debt service to bondable revenues. Capital Improvement Element, Concurrency Management - Objective 1.5: This Objective ensures compliance with Chapter 163, Part II, Florida Statutes and Rule 9J5.0055, Florida Administrative Code. Concun'ency management, adopted levels of service and growth management are addressed within this Objective. Policy 1.5.1: This Policy references the requirements of level of service standards of the Growth Management Plan. Policy 1.5.2: See Policy 1.5.1. Policy 1.5.3: See Policy 1.5.1. Policy 1.5.4: References highlighting the Concurrency Management System and subsequent monitoring systems consistent with the Growth Management Plan are located within this Policy. Housing Element - Policy 1.3: Impact fees for affordable housing are alluded to in this Policy. Policy 1.4: This Policy recognizes the various financial tools to assist in the provision of affordable housing opportunities including, but not limited to, density bonuses and impact fee waivers or deferrals. Policy 2.7: This Policy stresses the utilization of ~mpact fee waivers/deferrals for affordable housing. Policy 2.9: The density bonuses reinforce the County's dedication to affordable housing. Policy 2.10: This Policy reiterates the utilization of impact fees to encourage housing For rural families and farmworkers. Policy 2.11: Intergovernmental coordination is important to many of' the Goals, Objectives and Policies o the Growth Management Plan. This Policy discusses Concurrency Managemenl, infrastructure and public facilities 21 Policy 2.12: The density bonuses and impact fee strategies support the goals of the Housing Element, Objective 3: This Objective strengthens the County's commitment to increasing affordable housing through various subsidy programs including impact fee waiver and/or deferrals. Policy 8.1: Intergovernmental coordination with federal, state and local jurisdictions are important to the Goals, Objectives and Policies of the Growth Management Plan. Intergovernmental Coordination Element - Policy 1.1.3: Intergovernmental coordination with federal, state and local jurisdictions are important to the Goals, Objectives and Policies of the Growth Management Plato Level of service standards and the Growth Management Plan are monitored and reviewed. Policy 1.1.4: See Policy 1.1 Policy 1.1.5: See Policy 1.1.3~ Objective 1.4: See Policy l ol.3. Policy 1.4.1: See Policy 1.1.3o Policy 1.4,2: See policy 1. 143, Future Land Use Element - Policy 2.1: hnpact fees and related assessments can be affected by the review of existing facilities and any needed improvements to maintain the adopted level of service standards. Policy 2.2: The Annual Update and Inventory Report can predict and determine any deficiencies related to the adopted level of service standards~ As a result, Impact fees may be affected. Golden Gate Master Plan Element - Objective 1.2: The adopted levels of service for public facilities are provided for in this; Objective Policy 1.2.1: This Policy relates to the adopted level of service standards and concurrency requirements. Immokalee Area Master Plan Element - Policy III.3.2: Special assessments and possible impact fee waivers and/or deferrals for new apartment construction are important to the Goals, Objectives and Policies of the Growth Manageme~t Plano E. Conclusion The revenue from impact tees is essential to the Goals, ObJectives and Policies of the Growth Management Plan. Many projects referenced and provided for in the Growth Management Plan, including transportation, public facilities and affordable housing, rely on impact fees for funding assistance and growth and concurrency management. 2.2: CONCURRENCY MANAGEMENT - Transportation Improvements A. Introduction & Background Development that is proposed in an area where road segments do not have sufficient capacity to meet additional traffic impacts must have road improvements underway or budgeted for construction within the second full year of the Transportation Five-Year Work Program, following adoption of the County's Annual Update Inventory Report. This gives the developer the benefit of being able to count budgeted transportation capital improvements as "deposits" in the capacity colunm of the concurrency ledger before those projects are actually completed. B. Identification of Specific Goals, Objectives & Policies Concurrency management is essential to the overall operation of the County. As a result, references to concurrency and transportation needs are in the found throughout the Growth Management Plan. CAPITAL IMPROVEMENT ELEMENT - Provide Needed Improvements Policy 1.4.5: Public facilities and services provided by Collier County with public funds, in accordance with the 5-year Schedule of Capital Improvements in the Capital Improvements Element? will be limited to Service Areas established within the boundaries designated on Map PW-1 entitled, "Collier County's Three (3) Water and/or Sewer Districts Boundaries," and Map PW-3 entitled, "Rural Transition Water & Sewer District." Both of these maps appear in the Public Facilities Element for water and sewer. Road improvements will be provided as designated on the Schedule of Capital Improvements appearing in the Capital Improvement Element. All other public facilities and service types will be provided on a County-wide availability basis. Policy 1.5.2: The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: Compliance with any one of the standards set forth in Policy 1.5.1 A, B and C is met; or (III) B. At the time the final site development plan, final plat or building permit is issued, the necessary facilities and services are the snbject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, f'inal ptat or building permit; or (III) C. The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year o£ the issuance of the applicable final site development plan, final plat, or building permit. An enforceable development agreement may include, [~ut is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or The necessary facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan, final plat or building permit is issued; or The necessary facilities and services are in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR at the time a final site development plan, final pla! or building permit is issued: or The necessary facilities and services are in the first or second year of FDOT 5-Year Work Program at the time a final site development plan, final plat or building permit is issued; or The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requirements of Policies 5.5 through 5.8 of the Transportation Element. The necessary facilities and services are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. TRANSPORTATION ELEMENT Policy 1.1: The County will annually adopt a Schedule of Capital hnprovements covering a period no less than five (5) years, which shall include tlnose pro, jects ~needed to maintain network at the adopted Level of Service slandard, Policy 1.2: The County shall annually appropriate the funds in the ensuing fiscal year to accommodate those phases of projects listed in the first year of the Schedule of Capital Improvements. Programming decisions are based on the AUIR, and annually incorporated in the Schedule of Capital Improvements in the CIE, OBJECTIVE 2: The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Policy 2.1: The County shall include in its Schedule of Capital Improvements in the Capital Improvement Element those projects necessary to maintain the adopted Level of Service on the roads identified on the Five (5) Year Work Program. Policy 2.2: The County shall annually appropriate the funds necessary to implement those projects shown in the first year of the Schedule of Capital Improvements. Policy 5.1: The County Commission will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the following to determine the study area: ao On links (roadway segments) directly accessed by the project where project traffic equals or exceeds 3% of the adopted LOS standard service volume; For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5% of the adopted LOS standard service volume, C. Data Assessment The Proposed Five Year Work Program - FY03 Revisions (Exhibit A) will eliminate existing deficiencies, replace obsolete or worn-out facilities and make available adequate 2.2.3 facilities for future growth. In this exhibit, each project is named and its cost displayed in thousands of dollars ($000). The following exhibit, Exhibit B, shows the five-year construction schedule from 2002 through 2006. D. Objective Achievement Analysis Capital Improvement Element, Provide Needed Improvements - Policy 1.4.5: This Policy references the Five-Year Schedule of Improvements and discussion of public facilities and service types. Policy 1.5.2: The Parks and Recreation levels of service are monitored and maintained consistent with the Five Year Schedule of Improvements. Policy 1.5.3: Transportation levels of service are monitored and maintained via this Policy. Transportation Element - Policy I.l: The Five-Year Schedule of hnprovements will be adopted and maintained. Policy 1.2: Funding is appropriated to accommodate the projects listed in the Five-Year Schedule of Improvements. Objective 2: This Objective provides for the maintenance of the adopted level of service standards through improvements as identified in the Five-Year Schedule of Improvements. Policy 2.1: Provides for road improvements as identified in the Five-Year Schedule of Improvements, Policy 2.2: See Policy 1.2. Policy 5.1: This Policy discusses the review of rezones by the Board of County Commissioners and the compliance with transportation concurrency as it relates to levels of service and the Five-Year Schedule of Improvements. CONCLUSION The Transportation Services Division is actively involved in concurrency management. impact fee analyses and the coordi~ation and review of developer commitment agreements, credits and refunds of transportation impact fees The Transportation Planning Department also plays an active role in the development and maintenance of capital improvement progran~s 2.3: CONCURRENCY MANAGEMENT - Development Vested from Transportation Concurrency A. Introduction & Background Prior to 2003, County staff reviewed all PUD and DRI applications for compliance with transportation concurrency provisions. As part of this review process, proposed projects were assessed for their transportation impacts, and mitigation requirements were assigned to projects on a case-by-case basis. This system was adequate for evaluating individual projects, but did not adequately assess the combined impact of all development on the County's roadway system. During 2003, the Board of County Commissioners adopted a "checkbook concurrency system." This system examines the total trip capacity available for new development and includes provisions relative to vested traffic. As part of the process of establishing the checkbook concurrency system, County Transportation Planning staff conducted an analysis of the "vested traffic" generated by the existing 327 PUD's in Collier County, as well as platted subdivisions, such as Golden Gate Estates, including Golden Gate City. The logic was that the transportation impacts of these developments were already approved or "vested;" and, therefore, the transportation impacts of these projects had been accounted for within the County's Capital Improvement Planning process. The analysis of committed or vested traffic was undertaken to evaluate the impacts of development traffic on the roadway system in order to determine the impacts of a "checkbook" concurrency system; to determine what planned improvements would be needed to mitigate the transportation impacts of these projects; and to establish a baseline for the first year of the Concurrency Management System. These projects are ones that, from a planning analysis perspective, are vesled for transportation concurrency (i.eo meet statutory requirements, have built required infrastructure, have paid transportation impact fees through a Developers Contribution Agreement, etc.) and would not necessarily be analyzed when a checkbook concurrency system was operational. Staff believes that this approach will provide an adequate means for tracking the road impacts of existing~ vested, and proposed development. B. Identification of Specific Goals, Objectives & Policies Concurrency management is essential to the overall operation of the County. As a result, references to concurrency and transportation vesting are found throughout the Growth Management Plan. TRANSPORTATION ELEMENT 72.3.1 Policy 5.3 The County conducted a Traffic Impact Vesting Affirmation Review in 2003 to determine for planning purposes only which developments may be vested for concurrency. No legal determination of vested status for projects was made and even though the initial review indicated vesting, this finding does not provide a legal presumption that a project is vested. All previously approved projects must go through a vesting review pursuant to Subsection 3.15.7°2.6 of the Land Development Code. C. Data Assessment Transportation vesting guidelines are set forth in the Collier County Land Development Code: 3.15.7.2.6 Developments that claim vested status from the growth management plan adopted January 10, 1989 and its implementing regulations, and properly obtains a determination of vested rights for a certificate of public facility adequacy in accordance with the provisions of this section, as follows: 3.15,7.2.6.1. Application. An application for determination of vested rights for a certificate of public facility adequacy shall be submitted in the form established by the community' development and environmental services division administrator. An application fee in an amount to be determined by the board of county commissioners shall accompany and be part of the application. The application shall~ at a minimum, include: 3.15. Z2.6.1.1, Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.7.2.6.1.2. Street address, legal description, and acreage of the property; and 3.15,7,2.6.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 3.15,72.6.7~ of this Code, 3.15.7.2.6.2. Determination of complete~esx. After receip! of an application for determination of vested rights for a certificate of public facility adequacy, the community development and environmental services division administrator shall determine whether the application submitted is complete. If he determines that the application is not complete, the community development and environmental services division administrator shall notify the applicant in writing of the deficiencies. The community development and environmental services division administrator shall take no further steps to process the application until the deficiencies have been remedied. 3.15.7,2.6.3, Review and determination or recommendation by community development an,,J environmental services division administrator and the county a~tornev. After receipt of a completed application for determination of vested rights for a-certificaie of public facility adequacy, the community development and environmental services division administrator and the county attorney shall review and eYaluate the application in light of all of the criteria in subsection 3.15.7.2.6.7. Based on the review and evaluation, the community development and environmental services division administrator and the county attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in subsection 3.15.7.2.6.7. to the extent that information is represented or obtained or inclusion feasible or applicable. If the community development and environmental services division administrator and the county attorney agree based on the review and evaluation that the application for determination of vested rights for a certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in subsections 3.15.7.2.6.4., 3.15.7.2.6.5. and 3~15.7.2.6.6. However, any such stipulated determination shall be in writing, signed by the community development and environmental services division administrator, the county attorney and the owner, and shall include findings of fact based on the criteria established in subsection 3.15.7.2.6.7., conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 3. t5.7.2.6.4. Review and determination of vested rights determination for a certificate of public facility adequacy by hearing q~Jcer. Upon receipt by the hearing officer of the application for determination of vested rights for a certificate of public facility adequacy and the written recommendation of the community development and environmental services division administrator and the county attorney, the hearing officer shall hold a public hearing on the application~ At the hearing, the hearing officer shall take evidence and sworn testimony concerning the criteria set forth in subsection 3~15.7.2.6.7 of this Code, and shall follow the rules of procedure set forth in F~S. § 120~57(1)(b), 4, 6, 7, and 8; F.S~ § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b), only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. except as expressly set forth herein. The parties before the hearing officer shall include the county, the owner 02' applicant, and the public, Testimony shall be limited to the matters directly relating to the standards set forth in section 3. l 5.7.2.6.7. of this Code The county attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its authorized agents may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the hearing officer at the, public hearing shall be as follows: 1) the coumy's smnmary of the application, written recommendation, witnesses aud other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any: and 5) applicant rebuttal, if' any. 3.15.7.2.6.5. Issuance of vested rights determination for a certificate of public facility adequacy by hearing officer. Within 15 working days after the completion of the public hearing under subsection 3.15.7.2.6.4 of this Code the hearing officer shall consider the application for determination of vested rights for a certificate of public facility adequacy, the recommendation of the community development and environmental services division administrator and the county attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in subsection 3.'15.7.2.6.7. of this Code, and shall deny, grant, or grant with conditions the application for determination of vested rights for a certificate of public facility adequacy for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in subsection 3.15.7.2.6.7. of this Code, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 3.15.7.2.6.6. Appeal to the board of county commissioners. Within 30 days after issuance of the hearing officer's written determination of vested rights for a certificate of public facility adequacy, the county attorney, the community development and environmental services division administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a certificate of public facility adequacy of the hearing officer to the board of county commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the owner o,r its authorized agent. The board of county commissioners shall adopt the hearing officer s determination of vested rights for a certificate of public facility adequacy, with or without modifications or conditions, or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy. The board of county commissioners shall not be authorized to modify or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy unless the board of county commissioners finds that the hearing officer's determination is not supported by substantial competent evidence in the record of the hearing officer's public hem'ina or that the hearing officer's determination of vested rights for a certificate of publ~-c facility adequacy is contrary to the criteria established in subsection 3 15.T2.6.7. of this Code. 3~15.7.2.6.7. Criteria.for vested riglTts. This section is intended to strictly adhere to and implement existing case law as it relates to the doctrine of vested rights and equitable estoppels as applied to a local aovernment exercisina its authority and powers in zoning, the provision of adequate public facilities concurrent with development (concurrency), and related matters. It is the express intent of Collier County to require application of the provisions of this division to as much development and property in the unincorporated areas of the county as is legally possible without violating the legally vested rights whictn the owner may have obtained in accordance with Florida common law and statutory law. particularly F.S. § 163.3167(8). The criteria herein provided shall be considered in rendering a vested right determination under this subsection. It is intended that each case be decided on a case-by-case factual analysis: An owner shall be entitled to a positive determination of vested rights for a cerlificate of public facility adequacy only if he demonstrates by' substantial competenl evidence that he is enlitled to complete his development without regard to the otherwise applicable provisions of this division based on the provisions of F.S~ § 163.3167(8), or all three of the following require~nents of the three-part test under Florida common law: 1) upon some act or omission of the county, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would by highly inequitable and unjust to destroy the rights acquired, 3.15.7.2.6.8. Lin-fitation on determination of vested rights for a certificate of public facility adequacy. A determination of vested rights for a certificate, of public facility adequacy which grants an application for determination of vested rights for a certificate of public facility adequacy shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site development plan, within two years after the issuance of the determination of vested rights for a certificate of public facility adequacy under subsection .-(]?. 7.?.6., or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within two years after issuance of the determination of vested rights for a certificate of public facility adequacy under subsection 3.15.7.2.6., and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith~ The aforementioned two-year time limitation on the determination of vested rights for a certificate of public facility adequacy shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this division D. Objective Achievement Analysis Transportation Element - Policy 5.3: Impact Vesting Affirmation Review. This Policy describes the County's Traffic E. Conclusion The Growth Management Plan contains numerous Goals, ObJectives and Policies governing the adopted levels of service in the Couuty to ensure the maintenance of standards related to transportation concurrency. 3.5 2.4: CONCURRENCY MANAGEMENT - Financial Feasibility of Transportation hnprovement Projects A. Introduction & Background Section 9J-5.0055 (1) Cb), Florida Administrative Code, reads as follows: "A requirement that the local government Capita] Improvements Element, as provided by Rule 9J-5.016, F.A.C., of this chapter, shall set forth a financially feasible plan which demonstrates that the adopted level of service standards will be achieved and maintained." The Capital Improvement Element (CIE) of the Collier County Growth Management Plan contains the County's adopted five-year Schedule of Capital Improvements, including transportation improvements. This schedule is updated and amended annually to ensure compliance with the F.A.C~ requirement above. On occasion, the need for emergency expenditures requires the Board of County Cornmissioners to reallocate funding from other budgetary areas to meet the requirements of the Capital Improvement Program. In such instances, the Capital hnprovement Schedule is adjusted through an advertised public hearing process to make certain that the County has adequate funding to meet its capital improvement needs. B. Identification of Specific Goals, Objectives & Policies Goals, Objectives and Policies related to transportation improvements and the related five-year work program: CAPITAL IMPROVEMENT ELEMENT Policy 1.2.8: If, for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capilal Improvements that exceed the adopted levels of service for the growth during the next five (5) fiscal years; Remove fi'om the adopted Schedule of Capital Improvements through a plan amendment for facility improvement ~r new facilities that reduce the operating cc)si of providing a service or facility 10ut do not provide additional facility capacity. 2.4.1 Do Eo Where feasible, transfer funds from a funded Non-Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update. Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. Do not issue development orders that would continue to cause a deficiency based on the facility's adopted level of service standard. Policy 1.4.1: The County shall provide, or an'ange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements may be modified as follows: A. The Schedule of Capital Improvements shall be updated annually. Pursuant to Florida Statutes 163.3187, the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. Pursuant to Florida Statutes 163.3177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pm'suant to dedications, which are consistent with the plan. Policy 1.4.3: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital hnprovements for expenditures during the appropriate fiscal year. Projects for which appropriations have been made in the annual budget will not be removed once they' have been relied upon for the issuance of a final site development plan, final plat, or building permit. The County shall include in the capital appropriations of its annual budget additional public facility projects that conform to Policy 1ol.2 (B.2) and Policy 1~1.4 (C) and (E). Policy 1.4.5: Public facilities and services provided by Collier County with public funds in accordance with the 5-year Schedule of Capital Improvements in the Capital Improvements Element will be limited to Service Areas established w'ithin the boundaries designated on Map PW-.I titled,"'"'LC~tlet-~'" County's.. Three (o)"' Water and/or Sewer Districts Boundaries" and PW-3 titled. "Rural Transition Water& Sewer District" appearing in the Public Facilities Element for water and sewer. Road improvements witl be provided as designaled on the Schedule of Capital Improvements appearing in the Capital Improvement Element. All other public facilities and service types will be provided on a County-Wide availability basis. Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or The necessary facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan, final plat or building permit is issued; or Co The necessary facilities and services are in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR at the time a final site development plan, final plat or building permit is issued; or The necessary facilities and services are in the first or second year of FDOT 5-Year Work Program at the time a final site development plan, final plat or building permit is issued; or The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requirements of Policies 5.5 through 5.8 of the Transportation Element. The necessary facilities and services are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. Policy 1.5.4: The County shall continue to implement a Concurrency Management System, as identified Division 3.15 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 1.5 of this Capital hnprovement Element. The monitoring ~',ystem shall enable the County to determine whether it is adhering to tine adopted Level of Service Standards and Schedule of Capital hnprovennents. TRANSPORTATION ELEMENT Policy 1.1: The County will annually adopt a Schedule of Capital Improvements covering a period no less than five (5) years, which shall include those projects needed to maintain the network at the adopted Level of Service standard. Policy 1.2: The County shall annually appropriate the funds in the ensuing fiscal year to accommodate those phases of projects listed in the first year of the Schedule of Capital Improvements. Programming decisions are based on the AUIR, and annually incorporated in the Schedule of Capital Improvements in the CIE. OBJECTIVE 2: The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Policy 2.1: The County shall include in its Schedule of Capital Improvements in the Capital Improvement Element those projects necessary to maintain the adopted Level of Service on the roads identified on the Five (5) Year Work Program. Policy 2.2: The County shall annually appropriate the funds necessary to implement those projects shown in the first year of the Schedule of Capital Improvements. Policy 5.8 Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Transportation Element, Policies 1.3 and 1.4 of this Element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the Plan. Policy 8.1 Each year, the county will use short-term projections of previous years' traffic volume growth to estimate the year in which LOS deficiencies will occur on county roads. This information will be used to prepare the annual update of the county's Schedule of Capital Improvements in a manner that ensures the maintenance of concurrency on road facilities. C. Data Assessment References to the Road Program Funding Scenarios (Exhibit A) and the 2003 Annual Update Inventory Report (Exhibit B) on transportation are attached to this document° Section 2.2 of this report, Concurrency Management - Transportation hnprovements, also contains information regarding the proposed 5-year Work Program and the Construction Schedule~ D. Objective Achievement Analysis Capital Improvement Element - Policy 1.2.8: This Policy describes the various ways the County may provide additional revenues should a shortfall occur. Included in this policy is the ability to amend the Schedule of Capital Improvements and lower the adopted level of service. Policy 1.4.1: The Schedule of Capital Improvements can be modified via this Policy= Policy 1.4.3: Transportation enhancements, through capital appropriations of the County's budget, are provided for in this Policy. Policy 1.4.5: This Policy discusses the countywide road improvements and their inclusion in the Schedule of Capital Improvements within the Capital Improvement Element. Policy 1.5.3: Details of the Concurrency Management system and the requirements of the transportation level of service standards are referenced in this Policy. Policy 1.5.4: A monitoring system to ensure compliance with the adopted level of service standards and Schedule of Improvements can be found within this Policy. Transportation Element - Policy 1.1: This Policy provides for the adoption of the 5- year schedule of h-nprovements, Policy 1.2: This Policy explains the approprialion of funding for transportation ilnprovements. Objective 2: This Objective reiterates the County's maintenance of the adopted level of service standards as identified in the 5-year work program. Policy 2.1: Provides for the inclusion of transportation projects needed to maintain the adopted level of service on County roadways.. Policy 2.2: See Policy 1~2. 2.4.5 Policy 5.8: This Policy illustrates the maintenance of appropriate levels of lane miles (85%) equal to or above the adopted level of service through transportation concurrency management. See also Policy 1.5.3 of the Capital Improvement Element. Policy 8.1: Traffic volume and growth forecasting is utilized prior to the preparation of the Schedule of Capital Improvements. E. Conclusion Through a system of monitoring and systematic review, the County, through the Growth Management Plan, is able to sustain a realistic 5-year work program for various transportation improvement projects. 2.4.6 2.$ Concurrency Management - Level of Service Standards for Regional and Community Parks A. Introduction & Background Chapter 163, Part II, Florida Statutes requires the County to adopt certain Land Development Regulations (LDRs) to implement its Growth Management Plan adopted on January 10, 1989. One of the LDRs requires Collier County to provide public facilities and services that meet or exceed the standards established in the Capital Improvement Element (CIE) required by Section 163.3177 and are available when needed for development. This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990, the Collier County Board of County Commissioners (BCC) adopted the Collier County Adequate Public Facilities Ordinance No. 90-24, which was subsequently repealed and superseded by Ordinance No. 96-53. The Adequate Public Facilities Ordinance was subsequently codified in Division 3.15 of the County's Land Development Code (LDC). Division 3.15 of LDC establishes a management and monitoring program for public facilities, such as community and regional parks, which provides for an annual determination of concurrency and additional public facilities. Section 3.15.6 of the Land Development Code requires the preparation of an Annual Update and Inventory Report (AUIR) on public facilities for presentation to the BCC. The findings of the AUIR form the basis for the preparation of the Annual Update and Amendment of the CIE, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development orders. Under Section 3.15.6 of the LDC, the BCC's options in response to the needs identified in the AUIR include but are not limited to the following actions: 1. Establishment of Areas of Significant Influence (ASI) surrounding deficient road segments; 2. Public Facility project additions to the CIE; 3. Deferral of development order issuances /'or non-vested development in areas affected by deficient Category "A" public facilities pending; a. Lowering of Level of Service Standards (LOSS) through Growth Management Plan amendments; b. Direction to Staff to include the necessary Public Facility projects in the Annual CIE Update and Amendment to be adopted by the BCC; c. Approval of new or increased revenue sources 'for needed Public Facility projects by the BCC, the State Legislature or the County 2.5.1 Growth Management Impact: The preparation and presentation of the past seven (1996-2003) AUIRs to the BCC met the requirements of Division 3.15 of the LDC for an annual determination of the status of public facilities. Concurrency requirements set forth in the GMP have been met in each AUIR. Fiscal Impacts: Every CIE project set froth in the past seven AUIRs have been financially feasible and funded by the BCC, as mandated by Florida Statutes. Project expenditures in excess of estimated impact fees, gas tax, and user fee revenues are reflected as being augmented by the General Fund Revenues, which is defined as existing sales tax revenues, other shared state revenues or ad valorem levy at the discretion of the BCC. The Nature of the AUIR Process: Each year, staff requests that the BCC review the previous fiscal year's AUIR and recommend projects and funding sources for inclusion in the following fiscal year AUIR. B. Identification of specific "objectives" from the Recreation and Open Space Element: OBJECTIVE 1.1' Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County, other governmental bodies and the private sector. C. Data Assessment Concurrency management / LOSS for regional and community parks are summarized by the AUIR Facility Summary Forms and Community and Regional Parks tables for each year, below: 2.5.2 FY 95 AUIR FACILITY sUMMARY FORM Facility. Trfpe:-C~mmunity Park Lind (Category ~) 'Leve~ of Service Standard: 1.2882 acres per 1'.000 ~.utati?n Unit"Cost':' $33',000/acre (average)' . .-. Available ~n%entory 9-30-95: Required Inventory 9-30-00: Planned CIE FY96-00 5-year Surplus or (Deficit): Acres 345.0 327.0 0 18.0 Value/Cost $11,385,000 10,791,000 0 594,000 Existinq Revenue Sources: A. Planned CIE FY96-00 None Required 2. Supplemental Revenue Sources: Alternative None Required Alternative II None Required Recommended Action: None Required Pg. 25 Table 2.5-1 2.5.3 Table 2.5-2 2.5.4 FY 95 AUIR FACILITY SUMi4ARY FORM Faci~i. ty TYPe: Regional Park Land (Category A) ~Level of ~e~vice Standard: ~ '2.941~. acres, per 1000 populatio~n Un%t .c0st: - .$1d,000/acre'{aVerage) Available Inventory 9-30-95: Required Inventory 9-30-00: Planned CIE FY96-00 5-year Surplus or (Deficit): Acres Value/Cost 2087.3 $ 20,874,000 746.6 7,466,000 680.0 4,733,000 2020.8 20,208,000 1. Existinq Revenue Sources: ao Planned CIE FY96-00 Private Contribution Impact Fees 2. ~lemental Revenue Sources: Ao Alternative I None Required $ 500,000 4,233,000 $4,733,000 Recommended Action: That the BCC direct Staff to include Regional Park Land acquisition projects in the next CIE Update and Amendment to be transmitted to DCA ~pon a finding of "sufficiency" of the Seven Year Evaluation and Appraisal Report (E3ZR) on the Growth Management Plan. Table 2.5-3 2.5.5 Table 2.5-4 2.5.6 Table 2.5-5 ~995 AUIR F~CIL~TY 81DD~RY FORM Facility Type: Community Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population Unit Cost: $33,000/acre (average) Available Inventory 9/30/96: Req%/ired Inventory 9/30/01: Planned CIE FY97-01 5-year Surplus or (Deficit): A~rel Vmlue/Comt 345.0 $11,385,000 314.9 10,391,700 0 0 30.1 993,300 Existing ReveDue Sources: A. Planned CIE FY97-01 None Required ~uDDlemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: None Required at this time. Staff will develop a plan for acquisition of additional community park land for presentation in the next (1997) AUIR. 2.5.7 Table 2.5-6 2.5.8 Table 2.5-7 1996 AUIR FACILITY BUMM~RY FORM. Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $25,000/acre (average) Available Inventory 9/30/96: Required Inventory 9/30/01: Planned CIE FY97-01 5-year Surplus or (Deficit): 1. Existina Revenue Sources: A. Planned CIE FY97-01 Impact Fees 2. Supplemental Revenue sources: A. Alternative I Florida Community Trust Grant Ad Valorem Tax Acre9 V&lua/cost 2217.4 $55,435,000 718.9 17,972,500 560.0 14,000,000 2058.5 51,462,500 $4,284,000 $8,000,000 ~,716,0Q0 $9,716,000 Recommended Action: That the BCC direct Staff to include Regional Park Land acquisition projects in the Seventh CIE Update and Amendment to be transmitted to DCA as part of the Seven Year Evaluation and Appraisal Report (EAR) based Growth Management Plan amendments. Staff also recommends that the BCC direct the preparation of an application for a grant of up to $8,000,000 from the Florida Community Trust for purchase of an active recreation regional park(s) during the 5- year CIE planning period. 2.5.9 Table 2.5-8 2.5.10 Table 2.5-9 1997 AUIR FACILIT~ SUMMARY FORM Facility Type: Corm~unity Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population Unit Cost: $33,000/acre (average) Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): Acres Value/Cost 419.0 $13,827,000 325.0 10,725,000 0 0 94.0 3,102,000 Ex%stinq Revenue Sources: A. Planned CIE FY98-02 None Required SupPlemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recor~mende~ Action: None Required at this time. Staff is developing a plan for acquisition of additional park land for presentation prior to the next (1998) AUIR. 2.5.11 Table 2.5-10 2.5.12 Table 2.5-11 1~.97 AUTR FACILIT~ SUMMARY FORM Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $25,000/acre (average) Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 1. Exis~inq R~venue SQurqes: A. Planned CIE FY98-02 None required 2. SupPlemental Revenue Sources: A. Alternative I None required Acres V~lum/Co~t 2207.0 $55,175,000 742.1 18,552,500 0 0 1464.9 36,622,500 Recommended ACt%Qn; None required at this time. Staff is developing a plan for acquisition of additional park land for presentation prior to the next (1998) AUIR. 2.5.13 Table 2.5-12 Itl 2.5.14 Table 2.5-13 1998 AUIR FACILITY SUMMARY FORM Facility Type: Community Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population Unit Cost: $34,100/acre (average) Available Inventory 9/30/98: Required Inventory 9/30/03: Planned CIE F'Y99q:)3 5-year Surplus or (Deficit): Acres Value/Cost 4190 $14,287,900 3250 11,082,500 0 0 94.0 3,205,400 1. Existinq Revenue Sources: A. Planned CIE FY99-03 None Required 2. Supplemental Revenue Sources: A Alternative I None Required B. Alternative [1 None Required Recommended Action: None Required at this time. NOTE: The Parks & Recreation staff is currently working with the contracted consultant to revise the impact fee ordinance park definitions and proposed new level of service standards. The final recommendations adopted by the BCC will be reflected in the 1999 AUIR 2.5.15 Table 2.5-14 cl. 2.5.16 Table 2.5-15 1998 AUIR FACILITY SUMMARY FORM Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $20,200/acre (average) Available Inventory 9/30/98: Required Inventory 9/30/03: Planned CIE FY99-03 5-year Surplus or (Deficit): 1 Existinq Revenue Sources, A. Planned CIE FY99-03 Bond/Loan Proceeds 2. Supplemental Revenue Sources: A. Alternative I None required Acres Value/Cost 2207.0 $44,581,400 742 I 14,990,420 175.0 14,100,000 14649 33,125,980 $14,100,000 Recommended Action: That the BCC direct staff to include '~Planned CIE FY99-03" projects in the Ninth CIE Update and Amendment. NOTE: The Parks & Recreation staff is currently working with the contracted consultant to revise impact fee ordinance park definitions and proposed new level of service standards. The recommendations adop[ed by the BCC will be reflected in the 1999 AUIR. 2.5.17 Table 2.5.16 -25- 2.5.18 Table 2.5-17 Facility Type: Community Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population Unit Cost: $34,100/acre (average) Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Acre,s. 419.0 340.9 0 78.1 Value/Cost $14,287,900 11,624,690 0 2,663,210 E..,~lin,q Revenue Sources: A. Planned CIE FY 00-04 None Required 2. Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: None Required at this time. 23 2000 2.5.19 Table 2.5-18 JAN a b'~OOO 2.5.20 Table 2.5-19 Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $20,200/acre (average) Available Inventory 9/30/99: Required Inventory 9t30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): 1. ExJstinq Revenue Sources: A. Planned CIE FY 00-04 None required Supplemental Revenue Sources: A. Alternative I None required Acres 2382.0 778.3 0 1603.7 Value/Cost $44,116,400 15,721,660 0 32,394,740 Recommended Action: None required AGEND J 2.5.21 Table 2.5-20 JAN ~ ~; 2000 Table 2.5~21 2001 AUIR FACILITY SUMMARY FORM Facility Type: Community Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population in the unincorporated area (Proposed} Unit Cost: $34,100/acre (average) Available Inventory 9/30/01: Required Inventory 9/30/06: Planned CIE FY02-06 5-year Surplus or (Deficit): Acres Value/Cost 419.0 $14,287,900 413.4 14,096,940 49.0 1,670,900 54.6 1,861,860 Existinq Revenue Sources: A. Planned CIE FY02-06 Park Impact Fees (Bonds & Cash) $1,670,900 Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY02-04 projects in the next Annual CIE Update and Amendment, and to convert to LOSS analysis utilizing the unincorporated area permanent population. 2.5.2 ?, Table 2.5-22 Table 2.5-23 2001 AUIR FACILITY SUMMARY FORM Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $20,200/acre (average) Available Inventory 9/30/01: Required Inventory 9/30/06: Planned CIE FY02-06 5-year Surplus or (Deficit): 1. Existin,q Revenue Sources: A. Planned CIE FY02-04 Park Impact Fees (Bonds & Cash) 2. Supplemental Revenue Sources: A. Alternative I None required Acres Value/Cost 1045.2 $21,113,040 1063.5 24,264,240 156.0 3,151,200 137.7 2,781,540 $3,151,200 Recommended Action: That the BCC direct staff to include "Planned CIE FY02-06" projects in the next Annual CiE Update and Amendment, and to remove non-County owned lands (State and Federal) from the Regional Parks inventory. 2.5.25 Table 2.5-24 o~ '2.5.26 Table 2.5-25 2002 AUIR FACILITY SUMMARY FORM Facility Type: Community Park Land (Category A) Level of Service Standard: 1,2882 acres per1000 populat on in the unincorporated area Unit Cost: $87,000/acre Available Inventory 9/30/02 Required Inventory 9/30/07 Proposed CIE FY03-07 5~year Surplus or (Deficit): Acres Value/Cost 459.6 $39,985,200 390.9 $34,008,300 19.0 $ 1,653,000 877 $ 7,629,900 Existinq Revenue Sources Proposed CIE FY03-07 Park Impact Fees (Bonds & Cash) $1,653,000 .Supplemental Revenue Sources None Required Recommended Action: That the BCC direct staff to include "Proposed CIE FY03-07" proiects in the next Annual CItE Update and Amendment. 2.5.27 Table 2.5-26 © 0 0 CD 0 (ED 25.28 Table 2.5-27 2002 AUIR FACILITY SUMMARY FORM Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $36,000/Acre Acres Available Inventory 9/30/02: Required Inventory 9/30/07: Proposed CIE FY03-07: 5-year Surplus or (Deficit): 1045.1 1016.3 108.0 136.8 Value/Cost $37,623,6OO $36,586,8OO $ 3,888,000 $ 4,924,800 Existinq Revenue Sources Proposed CIE FY03-07 Park Impact Fees (Bonds & Cash) Supplemental Revenue Sources None Required S 3,888,000 Recommended Action: That the BCC direct staff to include "Proposed CIE FY03-07" projects in the next Annual CiE Update and Amendment. 2.5.29 Table 2.5-28 °,5.30 D. Objective Achievement Analysis: Please refer to Section 1.5 E, 1997 Recreation and Open Space Element E. Conclusion For each AUIR (1996-2003), Collier County has maintained an average sur£lus of 68 acres of community parklands and 1,128 acres of regional parklands. Objective 1.1 continues to be relevant to maintaining the LOSS for regional and community parks. 2.6 Concurrency Management - Construction Cost Index-Level of Service Standards (LOSS) for Parks Capital Facilities A. Introduction and Background Chapter 163, Part II, Florida Statutes requires the County to adopt certain Land Development Regulations (LDRs) to implement its Growth Management Plan adopted on January 10, 1989. One of the LDRs requires Collier County to provide public facilities and services that meet or exceed the standards established in the Capital Improvement Element (CIE) required by Section 163.3177 and are available when needed for development. This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990, the Collier County Board of County Commissioners (BCC) adopted the Collier County Adequate Public Facilities Ordinance No. 90-24, which was subsequently repealed and superseded by Ordinance No. 96-53. The Adequate Public Facilities Ordinance was subsequently codified in Division 3.15 of the County's Land Development Code (LDC). Division 3.15 of the LDC establishes a management and monitoring program for public facilities, such as community and regional parks, which provides for an annual determination of concurrency and additional public facilities. Section 3.15.6 of the Land Developrnent Code requires the preparation of an Annual Update and Inventory Report (AUIR) on public facilities for presentation to the BCC. The findings of the AUIR form the basis for the preparation of the Annual Update and Amendment of the CIE, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development orders. Under Section 3.15.6 of the LDC, the BCC's options in response to the needs identified in the AUIR include, but are not limited to, the following actions: 1. Establishment of Areas of Significant Influence (ASI) surrounding deficient road segments; 2. Public Facility project additions to the CIE; 3. Deferral of development order issuances for non-vested development in areas affected by deficient Category "A" public facilities pending: a. Lowering of Level of Service Standards (LOSS) through Growth Management Plan amendments; b. Direction to Staff to include the necessary Public Facility projects in the Annual CIE Update and Amendment to be adopted by the BCC; c. Approval of new or increased revenue sources for needed Public Facility projects by the BCC, the State Legislature or the County 2.6.1 Growth Management Impact: The preparation and presentation of the past seven (1996-2003) AUIRs to the BCC meets the requirements of Division 3.15 of the LDC for an annual determination of the status of public facilities. Concurrency requirements set forth in the GMP have been met in each AUIR. Fiscal Impacts: Every CIE project set forth in the past 7 AUIRs have been financially feasible and funded by the BCC, as mandated by Florida statutes. Project expenditures in excess of estimated impact fees, gas tax, and user fee revenues are reflected as being augmented by the General Fund Revenues, which is defined as existing sales tax revenues, other shared state revenues or various ad valorem levies at the discretion of the BCC. The Nature of the AUIR Process Each year, staff requests that the BCC review the previous fiscal year's AUIR, and recommend projects and funding sources for inclusion in the following fiscal year's AUIR. B. Identification of specific objective from the Recreation and Open Space Element OBJECTIVE 1.1: Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County, other governmental bodies and the private sector. Policy 1.1.1' The following level of service standards for facilities and land owned by the County or available to the general public are adopted: C. Recreation facilities. Facilities in place which have a value (as (X) defined) of at least $179.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County as set forth in Table A applying the valnes to the number of each facility type, adding up all values and dividing the total by the Connty population. 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring m place facility value. C. Data Assessment Capital Expenditures for Recreational Facilities are summarized by' the AUIR Facility Summary Forms and Comrnnnity and Regional Planning Parks tables fro each year, below. 2.6.2 Table 2.6-1 FY 95 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category.A) ~Leve~ of Service .Standard:SiS5 capital inventory, per capita (proposed) Unit'coS~: Va'riable ' ' "' ' ' ' · .. Available Inventory 9-30-95: (at current CCI) Required Inventory 9-30-00: (at current CCI) Planned CIE FY96-00 5-year Surplus or (Deficit): Capital Pacilitie~ $ 43,366,467 46,958,550 11,698,000 8,]05,917 1. Existlnq Revenue Sources: no Planned CIE FY96-00 Regional/Community Park Impact Fees State Boating Improvement Funds Gas Taxes (Bicycle Paths included in road funding $100,000) Ad Valorem Taxes $10,263,000 850,000 585, 000' $11,698,000 2. Supplemental Revenue Sources: ao Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY96-00" projects in the next CIE Update and Amendment to be submitted to DCA upon a finding of "sufficiency" of the Seven Year Evaluation and Appraisal Report (EAR) on the Growth Management Plan. Staff also recommends that a Construction Cost Index (C.C.I.) factor adopted in FY94/95, be used to maintain per unit value of required facilities to present value. The C.C.I. in the FY95/96 County Budget is 3.4%. Staff also recommends that the Loss be amended to $]85/capita. 2.6.3 Table 2.6-2 2.6.4 Table 2.6-3 1996 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita unit Cost: Variable Available Inventory 9/30/96: (at current CCI) Required Inventory 9/30/01: (at current CCI) Planned CIE FY97-01 5-year Surplus or (Deficit): Capital Facilities $48,866,167 43,749,569 10,987,100 16,103,698 1. Existinq Revenue Sources: Planned CIE FY97-01 Community Park Impact Fees $ 8,219,000 State Boating Improvement Funds 500,000 Gas Taxes (Bicycle Paths included in road funding $1,250,000) .......... Ad Valorem Taxes 2,268,000 $10,987,100 Supplemental Revenue Sources: A. Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY97-01" projects in the Seventh CIE Update and Amendment to be transmitted to DCA as part of the Seven Year Evaluation and Appraisal Report (EAR) based Growth Management Plan and amendments. Staff also recommends that the Construction Cost Index (C.C.Io) factor adopted in FY94/95 continue to be used to maintain per unit value of required facilities to present value. The C.C.I. for 1996 is 2.4%. staff also recommends that the LOSS be amended to $240 capita to reflect the current value of existing inventory and facilities to be added during the 5-year CIE planning period (see attached "proposed" spreadsheet analysis). 2.6.5 Table 2.6-4 O 2,6.6 Table 2.6-5 1997 AUIR FACILITY SUM/4ARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita Unit Cost: Variable Available Inventory 9/30/97: (at current CCI) Required Inventory 9/30/02: (at current CCI) Planned CIE FY98-02 5-year Surplus or (Deficit): Capital Facilities $58,819,367 45,165,459 14,952,200 25,606,108 Existinq Revenue Sources: Planned CIE FY98-02 Park Impact Fees $ 14,952,200 Gas Taxes (Bicycle Paths included in road funding $!,250,000) .......... ~Dpplemental Revenue Sources: A. Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CiE FY98-02" projects in the Eighth CIE Update and Amendment. Staff also recommends thau the Construction Cost Index (C.C.I.) factor adopted in FY94/95 continue to be used to maintain per unit value of re_cuired facilities to present value. The C.C.I. for 1997 is 4.4%. 2.6.7 Table 2.6-6 2.6.8 Table 2.6-7 1998 A_UUIR_FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capitaI inventory per capita Unit Cost: Variable Available Inventory 9/30/98: Required Inventory 9/30/03: Planned CIE FY99-03 5-year Surplus or (Deficit): 1. gxistir~g Revenue Sources: A. Planned CIE FY99-03 Park Impact Fees Capital Fa¢litieS $39,351,870 45,164,385 12,074,500 6,081,401 $12,074,500 2. Supplemental Revenue Sources: A. Alternative I None Required Recommended A¢i(2n: That the BCC direct Staff to include "Planned CiE FY99-03" projects in the Ninth CIE Update and Amendment.. "Available inventory" reflects the valuation of current inventory of the facility types on page 21 of this AUIR, NOTE: The Parks & Recreation staff is currently working with the contracted consultant to revise the impact fee ordinance park definitions and proposed new level of service standards. The final recommendations adopted by the BCC will be reflected in the 1999 AUiR. 2.6.9 Table 2.6-8 2.6.10 Table 2.6-9 .-199'8~UIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita Unit Cost: Variable Available Inventory 9/30/9,87 Required Inventory 9/30/0~:¢ Planned CIE FY-~N6~ ¢8 ~ 05' 5-year Surplus or (Deficit): Capital Facilities $&OEPS~e~Cr Existinq Revenue Sources: A Planned CIE FYag---ga~o0 Park Impact Fees Supplemental Revenue Sources: A. Alternative I None Required Recommended Action: Co ~ o ~-[ 7 ~;...,'¢ Jx That the BCC direct Staff to include "Planned CIE FY.$9--e'5" projects in thraJ~i~CIE UpdaLe and Amendment.. "Available inventory" reflects the valuation of current inventor},., of the facility types on page/2-1"of this AUIR. 2.6.11 Table 2.6-10 Facility Type: Recreatbn Facilities (Calegory A) Level of Se~ce Standard: $179 capital inventory per capita Unit Cost: Vadable AvaiJabte Inventory 9/30/99: Required !nventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Capital Facilities $43,902,160 47,389,665 25,188,300 21.720,795 E.~stinq Revenue Sources~_;: A. Planned CIE FY00-04 Park Impact Fees Ad Valorem Supplemental Revenue Sourc~s: A AltematNe I None Required $ 20,060,000 5.128,300 25,188.300 Recommended Action: That the BCC direct Staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment.. 'Awilabfe inventory' reflects the v'aluation of current inventory of the facility types on page of this AUIR JAN g 5 2000 2.6.12 Table 2.6-1 1 000~ ~ g N~rl' 2.6.13 Table 2.6-12 2001 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $240 capital inventory per capita (Proposed) Unit Cost: Variable Available Inventory 9/30/01: Required Inventory 9t30/06: Planned CIE FY02-06 5-year Surplus or (Deficit): CapitatFacilitie~s $56,659,600 S86,778,000 $40,330,000 $10,211,600 Existinq Revenue Sources: A. Planned CIE FY 00-04 Park Impact Fees (Bonds and Cash) $40,330,000 2. Supplemental Revenue Sources: A. Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY02-06" projects in the next Annual C1E Update and Amendment, and to amend the Recreation Facilities LOSS from $179 to $240 per capita. "Available inventory" reflects the valuation of current inventory of the facility types on page of this AU!R. 2.6.14 Table 2.6-13 0 = 0 8? ~ ~ °o ~ o o o o ~ ~ ~ o ~ ~ ~ cd cd cd ~ 2.6.15 Table 2.6-14 2002 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $240 capital inventory per capita Unit Cost: Variable Available Inventory 9/30/02: Required Inventory 9/30/07: Proposed CIE FY03-07: 5-year Surplus or (Deficit): Capital Facilities $57,500,000 $82,927,440 $38,165,000 $12,737,560 Existing Revenue Sources Proposed CIE FY03-07 Park Impact Fees (Bonds & Cash) $38,165,000 2. Supplemental Revenue Sources None Required Recommended Action: That the BCC direct staff to include "Proposed CIE FY03-07" projects in the next Annual CIE Update and Amendment. "Available inventory" reflects the valuation of current inventory of the facility types on page 21 of this AUIR. 2.6.16 Table 2.6-15 D. Objective Achievement Analysis Please refer to Section 1.5.E, 1997 Recreation and Open Space Element. E. Conclusion For each of the past six AUIRs (1995-2002) completed by Collier County, an average five-year surplus of $15,285,984 has been maintained. The County's Recreation and Open Space Element, Policy 1. lc has been sufficient over the past six AUIRs in maintaining the County's adopted level of service. 2.6.18 2.7 Concurrency Management - Construction Cost Index-Level of Service Standards (LOSS) for Parks Capital Facilities A. Introduction and Background Chapter 163, Part II, Florida Statutes requires the County to adopt certain Land Development Regulations (LDRs) to implement its Growth Management Plan adopted on January 10, 1989. One of the LDRs requires Collier County to provide public facilities and services that meet or exceed the standards established in the Capital Improvement Element (CIE) required by Section 163.3177 and are available when needed for development. This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990, the Collier County Board of County Commissioners (BCC) adopted the Collier County Adequate Public Facilities Ordinance No. 90-24, which was subsequently repealed and superseded by Ordinance No. 96-53. The Adequate Public Facilities Ordinance was subsequently codified in Division 3.15 of the County's Land Development Code (LDC). Division 3.15 of the LDC establishes a management and monitoring program for public facilities, such as community and regional parks, which provides for an annual determination of concurrency and additional public facilities. Section 3.15.6 of the Land Development Code requires the preparation of an Annual Update and Inventory Report (AUIR) on public facilities for presentation to the BCC. The findings of the AUIR form the basis for the preparation of the Annual Update and Amendment of the CIE, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development orders. Under Section 3.15.6 of the LDC, the BCC's options in response to the needs identified in the AUIR include, but are not limited to, the following actions: 1. Establishment of Areas of Significant Influence (ASI) surrounding deficient road segments; 2. Public Facility project additions to the CIE; 3. Deferral of development order issuances for non-vested development in areas affected by deficient Category "A" public facilities pending: a. Lowering of Level of Service Standards (LOSS) through Growth Management Plan amendments; b. Direction to Staff to include the necessary Public Facility projects in the Annual CIE Update and Amendment to be adopted by the BCC; c. Approval of new or increased revenue sources for needed Public Facility projects by the BCC, the State Legislature or the County 2.7.1 Growth Management Impact: The preparation and presentation of the past seven (1996-2003) AUIRs to the BCC meets the requirements of Division 3.15 of the LDC for an annual determination of the status of public facilities. Concurrency requirements set forth in the GMP have been met in each AUIR. Fiscal Impacts: Every CIE project set forth in the past 7 AUIRs have been financially feasible and funded by the BCC, as mandated by Florida statutes. Project expenditures in excess of estimated impact fees, gas tax, and user fee revenues are reflected as being augmented by the General Fund Revenues, which is defined as existing sales tax revenues, other shared state revenues or various ad valorem levies at the discretion of the BCC. The Nature of the AUIR Process Each year, staff requests that the BCC review the previous fiscal year's AUIR, and recommend projects and funding sources for inclusion in the following fiscal year's AUIR. B. Identification of specific objective from the Recreation and Open Space Element OBJECTIVE 1.1: Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County, other governmental bodies and the private sector. Policy 1.1.1' The following level of service standards for facilities and land owned by the County or available to the general public are adopted: C. Recreation facilities. Facilities in place which have a value (as (X) defined) of at least $179.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County as set forth in Table A applying the values to the number of each facility type, adding up all values and dividing the total by the County population. 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in place facility value. C. Data Assessment Capital Expenditures for Recreational Facilities are summarized by the AUIR Facility Summary Forms and Community and Regional Planning Parks tables fro each year, below. 2.7.2 Table 2.7-1 FY 95 AUIR FACILITY SUMMARY FORM Faci%i. ty Type: Recreation Facilities (Categomy.A) 'Level of Service .Standard~$185 c~ital inventory, per capita (proposed) Unit'Cos~:..variable · . Available Inventory 9-30-95: (at current CCI) Required Inventory 9-30-00: (at current CCI) Planned CIE FY96-00 5-year Surplus or (Deficit): Capital Facilities $ 43,366 467 46,958 550 11,698 000 8,105 917 1. Existing Revenue Sources: ao Planned CIE FY96-00 Regional/Community Park Impact Fees State Boating Improvement Funds Gas Taxes (Bicycle Paths included in road funding $100,000) Ad Valorem Taxes $10,263,000 850,000 585 000' $11,698,000 2. Supplemental Revenue Sources: mo Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY96-00" projects in the next CIE Update and Amendment to be submitted to DCA upon a finding of "sufficiency" of the Seven Year Evaluation and Appraisal Report (EAR) on the Growth Management Plan. Staff also recommends that a Construction Cost Index (C.C.I.) factor adopted in FY94/95, be used to maintain per unit value of required facilities to present value. The C.C.I. in the FY95/96 County Budget is 3.4%. Staff also recommends that the Loss be amended to $185/capita. Pi-',- 2 2 2.7.3 Table 2.7-2 2.7.4 Table 2.7-3 1996 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities <Category A) Level of Service Standard: $179 capital inventory per capita Unit cost: Variable Available Inventory 9/30/96: (at current CCI) Required Inventory 9/30/01: <at current CCI) Planned CIE FY97-01 5-year Surplus or (Deficit): Capital Facilities $48,866,167 43,749,569 10,987,100 16,103,698 1. Existinq Revenue Sources Planned CIE FY97-01 Community Park Impact Fees $ 8,219,000 State Boating Improvement Funds 500,000 Gas Taxes (Bicycle Paths included in road funding $1,250,000) .......... Ad Valorem Taxes 2,268,000 $10,987,100 Supplemental Revenue Sources: A. Alternative t None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY97-01" projects in the Seventh CIE Update and Amendment to be transmitted to DCA as part of the Seven Year Evaluation and Appraisal Report IEAR) based Growth Management Plan and amendments. Staff also recommends that the Construction Cost Index (C.C.I.) factor adopted in FY94/95 continue to be used to maintain per unit value of required facilities to present value. The C.C.I. for 1996 is 2.4%. staff also recommends that the LOSS be amended to $240 capita to reflect the current value of existing inventory and facilities to be added during the 5-year CIE planning period (see attached "proposed" spreadsheet analysis). 2.7.5 Table 2.7-4 O 2.7.6 Table 2.7-5 1997 AUIR FACILITY SIIM~IARY FOPd4 Facility Type: Recreation Facilities (Category A) Level of Se~zice Standard: $179 capital inventory per capita Unit Cost: Variable Available Inventory 9/30/97: (at current CCI) Required Inventory 9/30/02: (at current CCI) Planned CIE FY98-02 5-year Surplus or (Deficit) : Capital Facilities $58,819,367 45,1~5,459 14,952,200 25,606,108 Existinq Revenue Sources Planned CIE FY98-02 Park Impact Fees $ 14,952,200 Gas Taxes (Bicycle Paths included in road funding S1,250,000) .......... Supplemental Revenue Sources: A. Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. Staff also recommends that the Construction Cost Index (C.C.I.) factor adopted in FY94/95 continue to be used to maintain per unit value of required facilities to present value. The C.C.I. for 1997 is 4.4%. 2.7.7 Table 2.7-6 ~ ~ ~ o '~' 2.7.8 Table 2.7-7 1998 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita Unit Cost: Variable Available Inventory 9~30/98: Required Inventory 9/30/03: Planned CIE FY99-03 5-year Surplus or (Deficit): 1. Existing Revenue Sources: A. Planned CIE FY99-03 Park Impact Fees Capital Fa¢iliti¢~_ $39,3511870 45,164,385 12,074,500 6,081,401 $12,074,500 SuPplemental Revenue Sources: A. Alternative 1 None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY99-03" projects in the Ninth CIE Update and Amendment.. "Available inventor'¢' reflects the valuation of current inventory of the facility types on page 21 of this AUIR. NOTE: The Parks & Recreation staff is currently working with the contracted consultant to revise the impact fee ordinance park definitions and proposed new level of service standards. The final recommendations adopted by the BCC will be reflected in the 1999 AUIR. 2.7.9 Table 2.7-8 2.7.10 Table 2.7-9 A-99~UIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita Unit Cost: Variable Available Inventory 9/30/9,~ Required Inventory 9/30/0~: Planned CIE FY4)S-e8 ~" 5-year Surplus or (Deficit): Capital Facilities 1. Existinc~ Revenue Sources: A. Planned CIE Park Impact Fees Supplemental Revenue Sources: A. Alternative I None Required Recomrnended Action: ~o .o ~-[ ? ,~Z,!~ That the BCC direct Staff to include "Planned CIE FY.9.9--(Y3" projects in the, J~,'~d'rClE Update and Amendment.. "Available inventory" reflects the valuation of current inventory of the facility types on page~4'of this AUIR 2.7.11 Table 2.%10 Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita Unit Cost: Vadable Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Capital FacJlitles $43,902,160 47,369,665 25,188,300 21,720,795 E~Jstinq Revenue Sources~ A. Planned CIE FY 00-04 Park Impact Fees Ad Valorem _Supplementa Revenue Sources: A. Altemalive I None Required $ 20,060,000 5.128,30~ 25,188,300 Recommended Action; That the BCC direct Staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment.. "Available inventory' reflects the valuation of current inventory of the facility types on page of this AUIR JAN 2 5 2000 2.7.12 Table 2.7-11 000~ i g hl'i/i' Zz ~_~iz ~ 217.13 Table 2.7-12 2001 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $240 capital inventory per capita (Proposed) Unit Cost: Variable Available Inventory 9/30/01: Required Inventory 9/30/06: Planned CIE FY02-06 5-year Surplus or (Deficit): Capital Facilities $56,659,6O0 $86,778,O0O $4O,330,OOO $10,211,600 Existinq Revenue Sources: A. Planned CIE FY 00-04 Park Impact Fees (Bonds and Cash) $40,330,000 2, Cupplementa Revenue Sources: A. Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY02-06" projects in the next Annual CIE Update and Amendment, and to amend the Recreation Facilities LOSS from S179 to $240 per capita. "Available inventory" reflects the valuation of current inventory of the facility types on page of this AUIR. 2.7.14 Table 2.7-13 ED 0 00 0 0 0 cD 0 0 8 8 8 8 8 ~L~ 2.7.15 Table 2.7-14 2002 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $240 capital inventory per capita Unit Cost: Variable Available Inventory 9/30/02: Required Inventory 9/30/07: Proposed CIE FY03-07: 5-year Surplus or (Deficit): Capital Facilities $57,500,000 $82,927,440 $38,165,000 $12,737,560 Existing Revenue Sources Proposed CIE FY03-07 Park Impact Fees (Bonds & Cash) $38,165,000 2. Supplemental Revenue Sources None Required Recommended Action: That the BCC direct staff to include "Proposed CIE FY03-07" projects in the next Annual CIE Update and Amendment. "Available inventory" reflects the valuation of current inventory of the facility types on page 21 of this AUIR. 2.7,16 Table 2.7-15 oo oo o o o 2.7.17 D. Objective Achievement Analysis Please refer to Section 1.5.E, 1997 Recreation and Open Space Element. E. Conclusion For each of the past six AUIRs (1995-2002) completed by Collier County, an average five-year surplus of $15,285,984 has been maintained. The County's Recreation and Open Space Element, Policy 1.lc has been sufficient over the past six AULRs in maintaining the County's adopted level of service. 2.7.18 2.8 Concurrency Management - Public Beach and Waterway Access A. Introduction and Background The EAR Report will evaluate whether the County has been able to maintain the adopted Level of Service Standard (LOSS) for regional parks. The support documentation that answers the objective listed above emanated from the Collier Coun~:y Parks and Recreation Department's 2003 Boat and Beach Access Report. The purpose of this report is to assess Collier County's performance in providing beach access and boat launch facilities to County residents and visitors. Furthermore, the report identifies the complications involved with providing beach access and boat launch services that keep up with growth. Finally, it examines current level of service standards adopted by Collier County and the recreation industry, the inventory of current facilities and the 1999 Report with regard to options and inventories. It also suggests future options for expansion of services and facilities. B. Identification of Specific Objective(s) from the Respective Element Recreation and Open Space Element, Objective 1.3: Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. C. Data Assessment Supply And Demand While the Gulf of Mexico is a vast but not unlimited resource for water-dependent recreation, limited access to it limits the population's ability to use it. Sandy beach, on the other hand, is a finite recreational resource even further limited by the constraints of access and available parking. Collier County's population continues to grow, but its miles of sandy beach are fixed. The challenge is to provide expanding access to beaches and waterways, including the attendant requisite parking, without exceeding the carrying capacities of the resources and thereby decreasing their desirability and worth. The decreasing availability and increasing cost of land that comes with growth exacerbate this issue. The more access is needed, the more difficult it is to find and afford. Levels Of Service The Collier County Growth Management Plan outlines level of service standards (LOSS) for parkland in three categories: facilities value, community park acreage, and regional park acreage. Beach, beach parking, and boating access acreage are currently included the regional park acreage measure for purposes of comprehensive plan concurrency. The 2001 Annual Update and Inventory Report projects satisfaction of regional park acreage LOSS through 2009 based on acreage acquisitions planned in CIP through 2004. Satisfaction of comprehensive plan acreage standards, however, will not maintain the levels of service Collier County residents and visitors currently eltioy with regard to beach and boating access. This is because the comprehensive plan requires no distinction between regional park 2.8.1 acreage located inland or developed to serve other functions and acreage reserved for beach and water access. To understand this issue and the expectations of the County's residents, an examination of the levels of service they have been experiencing is necessary. Boat Ramps Currently 27 boat ramp lanes serve boaters countywide. The Parks and Recreation Department maintains eleven of these lanes; City or State government provides seven; and nine are privately' owned but open to the public. Table 1 below outlines the locations and amenities of these facilities. Table 1. Boat Ramp Facilities Available to the Public ~ L BayvieW P~k 2 16 4 $3.00 x x x C~ambas P~k 2 31 4 $3.00 x x x .x x Cocohatchee'~ver P~k 4 58 7 $3.00 x x x x x x ~ Collier Boulev~d Boating 2 19 .5 $3.00 = Park ~ L~e Trafford P~k 1 8 2 0 x q Naples Landing 3 35 $.75/hr x x x Collier-Seminole State Park 2 25 $2.00 x Delnor-Wiggins State 2 30 $6.12 x x x ~ Recreation Area OutdoOr Reso~s I 30+ $10.00 x x x Po~ of the Isled Mmna 2 40+ $6.00 x x x Calusa Island M~na 2 80 $5:00 x x x Glades Haven M~na 2 ~formation unav~lable Moro's Restaurant M~Na 1 40+ [$5.30 ]x x E & Motel ~ Isles of Capri M~Na 1 hformation unavailable ~ } Shell Island Road Boat Ramp 1 15 ] [ 0 J ] ~ I [ I Twenty-one thousand vessels were registered in Collier County in 2002. Less than 6000 wet. slips and less than 3000 commercial dry storage spaces are available to house them. As a result, at leasl 12,000 vessels countywide are dependent on boat ramps for water access. At afl average of 20 launches per vessel per year, countywide facilities should be able to accommodate 240,000 launches per year to meet demand. Spread across the 27 boat ramp lanes available, facilities will average 8,889 launches pet' year, or 24 launches per day. This figure accords with tile recommendation of the Florida Statewide Comprehensive Outdoor Recreation Planning Guide of 2000, which suggests that a single boat ramp lane can accommodate 36 launches per day (20 minutes total put-in and pull-out time over a 12-hour period). These calculations are ideal 2.8.2 numbers, however, and do not provide for peak use times such as weekends and holidays or for any boats trailered in from outside of the county. The Florida Statewide Comprehensive Outdoor Recreation Planning Guide recommends that average peak use be calculated as follows: Total user occasions are multiplied by 55 percent and divided by 111. This formula is derived from state park attendance, where 55 percent of the total annual attendance occurred over 111 days (52 weeks times two weekend days plus seven weekday holidays). Average weekend and holiday use for Collier County's boat ramp-dependent vessels then is 1189 launches, or 44 launches per lane per day. To meet the recommended carrying capacity of 36 launches per lane per day on an average weekend or holiday Collier County needs an additional six boat ramp lanes countywide. The growth of boating countywide is a further consideration with regard to the level of service County boaters can expect to experience. The number of registered vessels in the county has grown steadily at 1000 boats per year over the past six years. Currently few solutions exist for finding homes for these additional boats in dry storage or slips. They will most likely become ramp users, too. At 20 launches per year they will require an additional 55 launches each day or 99 launches on an average weekend day. This translates to a need for an additional two boat ramp lanes per year for as long as this growth rate is sustained in order to maintain the levels of service County boaters currently enjoy. Table 2 projects boat ramp lane deficiencies for the next ten years. Table 2. Projection of Boat Ramps Needed Year Number of Number of Number of Number of ramp Ramp registered wet/dry slips vessels using lanes countywide lane vessels boat ramps deficit 2002 21,000 9000 12,000 27 '6 2003 22,000 91807 12,820 27 8 2004 23,000 9360 13,640 27 10 2005 24,000 9890~ 14,110 27 12 2006 25,000 10,070 14;930 30* ll 2007 26,000 10,250 15,750 32** 11 2008 27,000 10,370 .16,630 32 13 2009 28,000 10,490 17,510 32 16 2010 29,000 10,610 18,390 32 19 2011 30,000 10,730 19,270 32 21 2012 31,000 10,850 20,150 32 23 -~ annual increase of 180 wet slips per year for 2002 to 2007, based on an average of the number of permits issued by Collier County over the last four years; reduced to 120 per year for 2008 to 2012, anticipating stronger environmental law and decreased availability of undeveloped waterfront property ¢ increase of 350 dry slips based on proposed development of Hamilton Harbor * 3-1ane increase based on planned development of the Pulling property by the City of Naples ** 2-lane increase based on the planned development of Goodland Boating Park by Collier County Observation reveals, however, that where Collier County-mn boat ramps are concerned 36 launches per lane per day offers a generous launch and retrieval time, and County boat ramp users can potentially significantly maximize a ramp's capacity with efficient usage. The problem 2.8.3 resides not in the carrying capacity of the ramp but of the parking area. Table 3 illustrates the dearth of parking available at some County facilities. Bayview Park, for example, according to the standard could accommodate 72 launches per day, but offers only 16 trailer parking spaces. Weekends see Bayview ramp users parking along the roadside as far as a mile away from the park. Because the County recently adopted a policy to charge a launch fee instead of a parking fee, boaters who must walk significant distances from and to their vehicles are still required to pay $3 to use the facility. Table 3. Parking Space Deficit at County-Owned Boat Launch Facilities Ramp lanes Parking spaces Parking space deficit Bayview Park 2 16 56 Caxambas Park 2 31 41 C0cohatchee Rivei: Park '4 58 86 Collier Boulevard Boating Park 2 19 53 Lake Trafford Park 1 '8 28 An additional consideration with respect to boating is access to fresh water. Currently only Lake Trafford is officially available for freshwater boating, although a considerable amount of boat traffic finds its way to the canal system. More access to fresh water may alleviate some of the burden on existing facilities and, as the County population grows, may become an increasing demand in its own right. Beach Access The State of Florida recommends a distance of one half (0.5) mile between sites for the spacing of beach access points at state-financed beach restoration projects. Collier County beaches offer a wide range of choices with regard to the frequency of access points along its beaches. In general, State and County beach parks have more sparsely spaced access points to maintain lesser density and a more natural beach environment and experience, please refer to figures 1 through 7 listed below: 2.8.4 Figure 1. Beach Access BAREFOOT BEACH ACCESS 5 acres, 100 Parking Spaces BAREFOOT BEACH PRESERVE 342 Acres. 356 Parking Spaces '~¥~ggins Pass 2.8.5 CONNER PARK No Easement, 80 Parking Spaces ~___ Figure 2. Beach Access . ,~..~- ~..~.- ~ ~ ~ ~.~ ' ~" xx .~;~ ~ ::r; . :,., vANDERBILT BEACH 5 A~es, 150 Parking Spaces 2.8,6 Figure 3. Beach Access No Easy Access, No Parking !; :.~ . ' l Cram Pass CLAM PASS PARK 35 A~res~, 17~ Parki~ng~Sp~a~e~s Privately Owned S Easement 38 Parking Spaces 2.8.7 Privately Owned Figure 4. Beach Access · ~:~" LOWDERMILK (CITY) :~ARK 10 Acres. 252 Parking Spaces CITY OF NAPLES BEACH ACCESSES ,~ 675 Parking Spaces, Total 2.8.8 Figure 5. Beach Access 3~__._ordon Passext W~,~ E S 2.8.9 No Land Access L__ Figure 6. Beach Access N \V+E S No Land Access Marco Island Community Aasocialion {Residents Only) 2.8.10 j Marco ~sland Community Association (Residents Only) Figure 7. Beach Access ~, .:. 70 Parking Spa~s¢ ~ ~ ~? Caxambas Bay N W ~',~ E S 2C01 Aedals :,o Collier County Pl:)perty Appraiser Created By GIS CDES Graphi~ D:ProiedsfBeactles Ae a _~ccess mxd 2 03 2.8.11 The City of Naples, on the other hand, maintains 34 of its 37 access points within a five-mile stretch of beach, allowing for a more urban beach experience. County residents and visitors are well served by this variety, but to keep up with growth the County should continuously seek ways to improve access, amenity, and parking at its beaches. Table 4 is a summary of the public access available along the county's shoreline, from north to south (facilities operated by Collier County Parks and Recreation are highlighted): Table 4. Public Access Along Collier County Shoreline Linear Description Parking Amenities feet Barefoot Beach 650 5-acre beach access adjacent to 100 picnic shelters Access Bonita Beach Park, which offers amenities Lely Barefoot 7,100 private residences, 63% 0 none Beach inaccessible to the general Development public* Barefoot Beach 7,500 342 acres of undeveloped coastal 356 nature trail, Preserve barrier island, intended for low interpretive density public enjoyment programs, showers, picnic area, concession, rest rooms Delnor-Wiggins 5,900 160 acres of preserved area, 350 interpretive State amenities programs, picnic Recreation Area areas, concession. showers, rest rooms Vanderbilt 6,850 6 walkway easements allow for 80 none Beach Accesses public access between residences and condominiums, but parking is 3/4-rnile away at Conner Park Vanderbilt 375 5 acres preserve some natural 150 showers, rest Beach vegetation within a built-up area; rooms parking is extremely limited in relation to the popularity of this beach Pelican Bay 12,000 Collier County owns some the 0 none Development shoreline property, the rest is private; 89% inaccessible to the general public* Clam Pass Park 3,200 35 acres of preserved area, 175 boardwalk with , amenities tram service, I concession, picnic ~ area, foot showers, rest rooms North Gulf 1,350 parking is located at the end of 38 none Shore Access Seagate Drive, pedestrian access from North Gulf Shore Boulevard Park Shore 13,000 3 City of Naples accesses are see i none Accesses (City) available amid North Gulf Shore below 2.8.12 Table 4. Public Access Along Collier County Shoreline Linear Description Parldng Amenities feet condominiums City of Naples 30,000 34 accesses stretch from north of 1,122 variable Accesses The Beach Club to 32nd Avenue total South; Lowdermilk Park and accesses near Naples Pier offer full amenities; select others have showers and foot showers Keywadin 40,000 water access only 0 none Island Hideaway 5,280 private residences and 0 none Beach condominiums, 75% inaccessible Development to the general public* Tigertail Beach 3,900 31 acres of preserved area, 210 concession, picnic amenities area, playground, rest rooms Marco Island 13,000 condominiums, hotels, 80% 0 none inaccessible to the general public* South Marco 1,200 1-acre walkway easement between 70 rest rooms Beach Access condominiums * Accessibility calculated by subtracting lA (0.25) mile from the total linear footage for each contiguous publicly accessible beach. Even more than for boaters, a beachgoer's enjoyment is only as attainable as the nearest available parking space. In the last three years Collier County has added 93 beach parking spaces to its inventory: 80 at Conner Park (which allow for access to Delnor-Wiggins State Recreation Area or Vanderbilt Beach) and 13 at North Gulf Shore Access. Total spaces at County beaches with the completion of the North Gulf Shore project will be 1,179. Spaces at City of Naples and State of Florida beaches have remained static at 1,122 and 350, respectively. Table 5 outlines the number of beach parking spaces per capita in season over the past three years and projected for the next ten. Even with the recent additions, available parking is not keeping pace with growth. This year Collier County's population will exceed the 1:150 space-to-resident ratio recommended by the Parks and Recreation Advisory Board in 1999. Table 5 Projected Beach Parking Space Need Year Population Number of Ratio Parking Space Deficit Parking Spaces 1995 Missing Data 1996 --- - _ Missing Dat~ 1997 Missing Data 1998 Missing Data 1999 Missing Data 2000 350,744 2558 1:137 0 2001 367,605 2638 1:139 0 2002 384,276 2651 1:145 0 2003 401~536 ]265~ . l:~51 26 2.8.13 Table 5 Projected Beach Parking S3ace Need Year I Population Number of Parkin~Space Ratio Deficit Parking Spaces 2004 419,603 2651 1:158 146 2005 437,138 2651 1:165 263 2006 451,949 2651 1:170 362 2007 465,180 2651 1:175 450 2008 478,812 2651 1:181 541 2009 492,856 2651 1:186 635 2010 506,495 2651 1:191 726 2011 519,695 2651 1:196 814 2012 533,250 2651 1:201 904 The 1:150 space-to-resident ratio was established as a goal by comparing the number of public parking spaces to the seasonal population of the county. To retain the validity of the standard the same formula has been used in the table above. However, a number of considerations improve the outlook where the County's ability to provide sufficient parking for beach access is concerned. For example, the areas listed in Table 4 as partially inaccessible to the general public nonetheless do serve a portion of the population. Those people who live in the appropriate areas and/or purchase the required memberships are served by accesses and parking at such semiprivate beaches. The organizations that manage these beaches are able to provide a higher level of service to their constituents than the general public enjoys. Pelican Bay, for example, provides 174 parking spaces for 8600 units. That's a 1:123 space-to-resident ratio assuming 2.5 residents per unit. Marco's Residents Beaches offer a total of 390 spaces for 6,654 dwelling units, or 1 space for every 42 residents. Nonetheless the managers of both areas attest that their facilities are inadequate during peak use times, and both have taken steps to improve their service. Pelican Bay is expanding its parking facilities, while Residents Beach restricts guest parking on weekends during season. Additionally, thousands of residences in Collier County are west of Lely Barefoot Boulevard, Gulf Shore Drive, Gulf Shore Boulevard, Gordon Drive, and Collier Boulevard. The people who live in those residences do not need parking accommodation because they live within walking distance of the beach. The recent introduction of the Collier Area Transit System may be relieving some of the burden on beach parking for inland dwellers. Current routes take riders as far west as 6th Street in downtown Naples, which would give a beachgoer a six-block walk to his destination. The County should pursue expanding CAT service to local beaches, as will be discussed in greater detail in the Recommendations section of this report. Other Recreation A final topic in assessing the County's levels of service with regard to beaches and boating is the introduction of alternative recreational activities. Sugden Regional Park is home to the 60-acre Lake Avalon, which supports a swimming beach and opportunities to participate in non- motorized boating such as sailing, canoeing, kayaking, and paddle boating. Clam Pass Park and Barefoot Beach Preserve offer canoe launches. Future plans also call for a non-motorized vessel launch at the bridge at State Road 92. Upon completion of North Naples Regional Park, residents and visitors can enjoy a first-class water park with slides, a lazy river, and children's activity pools--a perfect alternative to the beach for cooling down on a hot day. The existing Golden Gate Aquatic Center and small water park at Vineyards Community Park provide more choices, as well. Tile County should continue to diversify tile recreational activities it offers. Variety builds the participant base and alleviates the burden on traditional resonrces such as beaches. 2.8.14 Planned Capital Improvements Many of Collier County's Parks and Recreation facilities are relatively new, and few to date have required extensive renovations. As these facilities age and the burden of use - or overuse if new facilities are not constructed - accumulate, renovations to existing facilities will become an increasing demand on capital expenditures. Meanwhile the county's population will continue to grow and demand for new facilities will remain. Balancing the need to sustain or improve existing facilities and add new ones will be a mounting challenge in the future. The mix of renovation and construction as a destination for capital dollars is reflected already in the following boat ramp and beach access projects, all of which are incorporated in the five-year Capital Improvement Plan: Bayview Park Renovation and Dredging Renovations will include an additional dock and renovations of the existing dock and fish- cleaning tables. Funding through a Florida Recreation Development Assistance Program grant is secured for up to $120,000. A fifty percent match is required; $75,000 is approved for FY 03. The balance of the match will be made up from reserves or through in-kind services. Dredging will constitute a separate project, for which $100,000 is approved for FY 03. Gulf Shore Drive Beach Accesses Improvements The six accesses along Gulf Shore Drive at Vanderbilt Beach will be refurbished over several years. Improvements at Bayview Drive are approved for $125,000 of TDC funding for FY 03. Collier Boulevard Boating Park Expansion and Overflow Parking Expansion to the north will add an additional 47 trailer parking spaces. A second phase of expansion to the south may add an additional 28 trailer parking spaces. Lease of and improvements to a parcel of land across CR 951 may supply additional overflow parking spaces. This will be a multiyear project for which $600,000 is approved for FY 03 and $600,000 is planned for FY 04. Lake Trafford Park Improvements Improvements will be the installation of riprap around the water bank and repairs to the pier. Planned funding is $75,000 in FY 04. Land Purchase for Shuttle Parking The Department will pursue purchasing land along the US 41 corridor to develop for parking in conjunction with a CAT beach shuttle service. Proposed funding is $2,000,000 in FY 04. Cocohatchee River Park Seawall and Dock Repair Seawall and dock repair is proposed for FY 04 at a cost of $100,000. Caxambas Park Seawall Repair and Landscaping Seawall repair and landscaping projects are proposed for FY 05 at $60,000 each. Goodland Boating Park Development Park development will include two boat ramp lanes and 50 to 75 trailer parking spaces as well as a neighborhood park. This multiyear project is scheduled for master planning at $100,000 in FY 06 and Phase I development at $1,000,000 in FY 07. 2.8.15 D. Objective Achievement Analysis Sul~olv And Demand While the Gulf of Mexico is a vast but not unlimited resource for water-dependent recreation, limited access to it limits the population's ability to use it. Sandy beach, on the other hand, is a finite recreational resource even further limited by the constraints of access and available parking. Collier County's population continues to grow, but its miles of sandy beach are fixed. The challenge is to provide expanding access to beaches and waterways, including the attendant requisite parking, without exceeding the carrying capacities of the resources and thereby decreasing their desirability and worth. The decreasing availability and increasing cost of land that comes with growth exacerbate this issue. The more access is needed, the more difficult it is to find and afford. Levels of Service The Collier County Growth Management Plan outlines level of service standards (LOSS) for parkland and is categorized in three ways: facilities value, community park acreage, and regional park acreage. Beach, beach parking, and boating access acreage are currently included the regional park acreage measure for purposes of comprehensive plan concurrency. The 2001 Annual Update and Inventory Report projects "satisfaction" of regional park acreage LOSS through 2009 based on acreage acquisitions planned in CIP through 2004. Satisfaction of comprehensive plan acreage standards, however, will not maintain the levels of service Collier County residents and visitors currently enjoy with regard to beach and boating access. This is because the comprehensive plan requires no distinction between regional park acreage located inland or developed to serve other functions and acreage reserved for beach and water access. To understand the expectations of the population, an examination of the levels of service they have been experiencing is necessary. E. Conclusion Satisfaction of comprehensive plan acreage standards, however, will not maintain the levels of service Collier County residents and visitors currently enjoy with regard to beach and boating access. This is because the comprehensive plan requires no distinction between regional park acreage located inland or developed to serve other functions and acreage reserved for beach and water access. F. Specific Policy Relevance The County finds that there are no enabling policies for Objective 1.3 that specifically deal with issues related to both beach access points or waterway access. G. Recommendations Collier County will modify or add policies related to beach access, boat ramps and beach parking in the EAR -based amendments. 2.8.16 2.9 Affordable Housing- Current Supply/Demand The EAR will characterize the current supply/demand of affordable housing utilizing data from the Shimberg Centre for Affordable Housing. Related Objectives & Policies Objective 1: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and future very-low, low and moderate income residents of the County, including those households with special needs such as rural and farm worker housing in rural Collier County. Comments: Collier County continues to surpass its stated Objective 1 in its Housing Element by producing 500 new affordable housing units each year. Recent years, in fact, show production levels regularly exceeding 1,500 units per year, with approximately 2,500 produced in FY03. The University of Florida's Shimberg Center for Affordable Housing estimates that in the year 2000, there were 21,456 cost-burdened households (those paying more than 30% of their gross monthly income for housing expenses) living in Collier County. The Shimberg Center further reports that 7,561 new dwelling units were constructed in the year 2001. However, it should be noted that the mean sales price for housing units in Collier County for a single-family home is $337,613. Collier Count's exceptionally active construction industry continues to produce a large number of units, however these units tend to be out of the affordability range of many of our low-income buyers. 2.9. 2.10 Affordable Housing- Non-Profit Housing Development Corporation The EAR will evaluate the success of the non-profit housing development corporation in achieving the affordable housing objectives of the comprehensive plan. Related Objectives & Policies Objective 2: By 2000, create a non-profit housing development corporation, formed with a cross section of representatives from business, government, housing advocates, and the community at large, which will assist the City and County in achieving a new goal of 500 dwelling units per year for very low-, low- and moderate- income residents of Collier County. Comments: The Workforce Housing Advisory Committee included the creation of a non-profit Housing Development Corporation (HDC) as one of its final recommendations to the Board of County Commissioners in April of 2003. The BCC approved the recommendation unanimously and subsequently approved $98,000 to assist in the organization, start-up and funding for the Community Housing Development Organization (CHDO) for its inaugural year. The Steering Committee for the Collier County Housing Development Corporation is in the process of naming a nine-member Board of Directors. Once created, the board will create an Advisory Board to assist in the creation of an overall vision for the CHDO. The HDC will operate as a private nonprofit organization with a 501 (c) federal tax exemption. According to the U.S. Department of Housing and Urban Development, a certified CHDO is a community-based service organization whose primary purpose is to provide and develop decent, affordable housing to low-income households. Furthermore, it must serve a specific, delineated geographic area, either a neighborhood, several neighborhoods, or the entire community but not the entire state. The Collier County HDC will utilize federal HOME set asides and technical assistance to assist the County in achieving its mission of creating affordable housing for all residents of Collier County. Before the creation of the countywide housing development corporation, the Empowerment Alliance of South West Florida operated as an HDC, but was restricted to the geographic area of Immokalee. They have been in existence for several years and are in the midst of constructing a 26-unit affordable single-family housing subdivision in hnmokalee. 2.10.1 2.11 Affordable Housing - Density Bonus Provisions The EAR will evaluate whether its density bonus provisions have been effective in promoting the construction of affordable housing and workforce housing. Related Objectives & Policies Policy 1.4: Affordable housing will be distributed equitably throughout the County using strategies that include, but are not limited to, density bonus agreements and impact fee waivers or deferrals. In addition, affordable housing will be located where adequate infrastructure and services are available. Policy 2.1: Increase the supply of housing for all segments of the community including very low, low and moderate income residents and those with special needs including farm worker housing, through the use of existing programs such as low income housing tax credits, density bonuses and impact fee waivers or deferrals. Policy 2.9: Review the County's Density Bonus Ordinance every two years to reflect changing community needs and market conditions. Encourage the blending of affordable housing density bonus units into market rate developments and review the feasibility of approving density bonus at an administrative level. Policy 2.10: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farm worker families. Policy 2.12: The County will adopt and implement policies that address site locations for farm worker housing, including strategies such as density bonus agreements, impact fee waivers or deferrals, and adequate infrastructure and services. Comments: The Density Bonus program has been successful in producing affordable multi-family rental units. Approximately 500 units per year have been built utilizing this incentive. The program has experienced a recent decline in the past year for at least two reasons. First, the Florida Housing Finance Corporation has classified Collier County as a "Category A" county when competing for low-income housing tax credits. This makes it extremely difficult for prospective affordable housing developers to compete for statewide credits; second, political pressures have influenced private developers away from producing low-income rental units in favor instead of owner-occupied units. However, the existing Density Bonus Program is geared toward producing housing at 60% of median level (in line with the State Housing Tax Credit Program). The cost of land, infrastructure, construction and impact fees in Collier County make it very difficult, if not impossible, for the private sector to produce owner-occupied units serving this income group. When the density bonus formula is used to produce units at the 80% income level, the resulting bonus is still not enough to make producing owner-occupied units attractive to the private sector. The County recommends, in accordance with the Workforce Housing Advisory Committee, making changes to the Comprehensive Plan might include automatic density programs, or programs designed to increase the effectiveness of the density bonus. 2.11.1 2.12 Affordable Housing - Loan Tracking The EAR will evaluate whether Housing Element Policy 3.3, regarding the 5% annual increase in the leveraged monies awarded to the County for its housing programs, has been successful in promoting the construction of affordable housing. Related Objectives & Policies Policy 3.3: Utilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low-, low- and moderate-income residents. By leveraging Federal, State and local dollars, increase by five percent (5%) per year the number of loans made by area lending institutions to very low, low and moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance. Comments: Collier County has tracked the amount of leveraged monies utilized yearly on units produced through the SHIP Program. The following chart details the year-to-year change in leveraged amounts: Levera.qe Actual True 5% Chancle 13er 5% Yearly Year Received Chanqe Year Chanqe 1997 $16,413,519 n/a n/a 1998 $21,168,998 29% $17,234,195 +5% 1999 $23,014,870 9% $18,095,905 +5% 2000 $44,040,468 91% $19,000,700 +5% 2001 $34,461,218 -22% $19,950,735 +5% 2002 $49,746,103 44% $20,948,272 +5% 2003 $36,635,035 -26% $21,995,685 +5% Over all change with Over all change +123% true 5% yearly increase +34% 1997-2003 1997-2003 If the County maintained a 5% increase per year, the overall escalation since 1997 would be only 34 percent. However, as illustrated by the chart, the overall change in leveraging for the seven- year period is 123 percent. This Policy is clearly being met. In addition, for the seventh consecutive year, the Collier County University Extension Service, in partnership with the Collier County Loan Consortium, has been assisting low- and moderate- income families in Collier County realize the dream of home ownership with homeowner education and mortgage finance assistance. For fiscal year 2002-03, 37 low- to moderate- income families throughout Collier County became new homeowners. The participating financial institutions contributed a total of $4,744,860 with the average loan being $128,239.00. 2.12.1 2.13 Affordable Housing- Undeveloped Lots The EAR will evaluate whether the comprehensive plan's prohibition on locating affordable housing on legally non-conforming lots of record has prevented attainment of affordable housing production objectives. Comments: The Collier County Growth Management Plan does not prohibit residential construction (affordable or otherwise) on "legally non-conforming lots of record." In fact, the opposite is true. These lots are, by definition, legal. Therefore, lot owners may construct homes on said lots. Presently, the county intends to evaluate the possibility of limiting legally non-conforming lots exclusively to affordable housing. As previously mentioned, affordable housing production objectives have been met, but the objectives are stated lower than the actual need. There are, however, a large number of Estates-zoned lots (between 1 and 1.14 acres) recorded as non- conforming. Many of these lots are located in one of the last affordable areas of the County (Golden Gate Estates) and are in, or very near, the urban services boundary. Authorizing these lots for affordable housing only would create a substantial number of affordable housing opportunities in close proximity to employment centers and municipal services. 2.13.1 2.14 Affordable Housing - Infill Development The EAR will evaluate whether the comprehensive plan's requirement that infill parcels be a minimum of 5 acres in size has permitted attainment of affordable or workforce housing and infill development objectives. Comments: This issue may derive from a misunderstanding of criteria contained in the County's Growth Management Plan. The plan contains no provisions requiring a minimum 5 acre parcel for this use. In fact, Collier County amended the Plan in June 2002. The Residential Infill Density Bonus in the Density Rating System is now applicable to properties of 20 acres or less in size (previously 10 acres or less). 2.14.1 2.15 Affordable Housing - Comprehensive Housing Inventory The EAR will evaluate the extent to which Housing Element Objective 4, requiring the County (and the City of Naples) to survey its existing housing inventory, has been achieved. Related Objectives & Policies Objective 4: By 2000, the County and City will conduct a comprehensive housing survey to identify substandard dwelling units. Through continued enforcement of housing codes and the provision of housing programs, the number of substandard units associated with a lack of plumbing and/or kitchen facilities throughout the County shall be reduced by 5% per year through rehabilitation or demolition. Comments: The Housing Stock Inventory Survey Committee has recently been created and the survey instrument has been finalized. Housing stock inventory will begin during the 4th quarter of 2003 in the Immokalee area to assess existing conditions, lin addition, the Collier County Code Enforcement Department currently conducts over 24,000 site inspections per year, of which approximately 20,700 are on improved residential properties. The Code Enforcement voluntary compliance rate for violations is excellent. This translates into 20,000 potential housing violations corrected per year. 2.15. 2.16 Affordable Housing - Demolition of Unsafe Housing The EAR will evaluate the extent to which County implementation activities have been successful in demolishing unsafe housing, consistent with the requirements of Housing Element Policy 4.2. Related Objectives & Policies Policy 4.2: Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet housing code or cannot be economically rehabilitated. Comments: After the completion of Housing Stock Inventory Survey to identify the unsafe/substandard housing units that need to be demolished, the funding sources will be identified and demolition implementation will begin in FY 05. In addition, all residential structures are subject to health and building codes. 2.17 Affordable Housing- Historically Significant Homes A. Introduction & Background A list of the known historic homes and structures within unincorporated Collier County was prepared using the Florida Master Site Files for Collier County. The list does not contain any historic homes or structures that may exist in the County's three incorporated municipalities. This list follows as Appendix 2.17.A. Non-residential structures were added to the above EAR task for the following reasons: 1. In some instances, these structures, although originally intended for some other use, have been used as residential units, or vice-versa. 2. The Master Site Files are broken out by geographic section of the County, not by residential versus non-residential. 3. The staff analyses and recommendations are applicable to both residential and non-residential structures. The list contains a total of 96 referenced structures (including historic homes). These structures are divided between ten geographic regions of the County. In alphabetical order, these regions are: 1. Chokoloskee 2. Copeland 3. Deep Lake 4. East U.S. 41/Forts 5. Goodland 6. Immokalee 7. Naples (unincorporated) 8. Ochopee 9. Sunniland Ten Thousand Islands Most of the information contained within the Florida Master Site Files (and the staff- generated list) is derived from an historical survey that w'as conducted in Collier County during 1986 and 1987. In some instances, later information has been hand-written onto various pages by staff', over time. In other instances, Comprehensive Planning staff (staff) was able to snpplement Site Files information with information contained on 2.17. l community websites, or as provided by the County's Historical & Archaeological Review Board. The Collier County Museum's restoration efforts at Roberts Ranch were also valuable as a source of information. Unfortunately, for most of the listed homes and structures, the most recent data is from 1986 or 1987. Furthermore, in many instances, the data provided by the 1986-1987 Survey, as recorded in the Master Site Files, was incomplete. Most of the pages reviewed by staff included were not completely filled out, or others had portions of descriptive paragraphs missing, or others contained obvious typographical errors. The Planning Services Department's Master Site File copies are maintained in a binder. Overtime, it appears that the files have not been properly maintained (e.g., pages appear to be missing). Most importantly, there has been no concerted attempt by County staff, or others, to update the results of the earlier survey. B. Identification of Objectives: Collier County's historic preservation goals, objectives and policies occur in three separate elements of the County's Growth Management Plan (GMP): Housing, Future Land Use and Conservation & Coastal Management. These provisions are implemented through the Collier County Land Development Code (LDC). C. Data Assessment: See tables below. D. Objective Achievement Analaysis: See tables below. 2.17.2 X© E. Conclusion The evidence from the Master Site Files suggests that historic homes and buildings continue to be relevant in Collier County, when they continue to have purpose and function in the community. For homes, the previous statement means that they continue to serve as residences. Commercial, civic or other structures survive if they continue to have a public or commercial function, or if they are converted to residences. Circumstances change when structures are abandoned or allowed to fall into neglect. Although Collier County has a historical preservation program, it was not rigidly enforced. The County has not consistently required owners of historical structures to repair or maintain their buildings in a manner consistent with the building's original function or appearance. Once the structure becomes unsafe, Code Enforcement actions usually result in the structure being torn down. Although the Growth Management Plan appears to require periodic historical surveys (e.g., Policy 3.1 of the FLUE), none have been conducted in the County since 1987. The Housing Element, Policy 5.7, requires that a Historical Housing Construction Survey be prepared and updated every five years. There is no designated and funded County agency placed in charge of recording and maintaining lists of historic homes in Collier County. The County has had limited success in preserving historic sites or structures through the development review process. In fact, this is how the County acquired the Roberts Ranch property. Unfortunately, the applicability of this process is limited, because County requirements can only be enforced when the historic property in question is directly involved with some type of zoning or permitting process. F. Proposed Policy: Members of the County's Historical & Archaeological Review Board should make recommendations as to whether any of the historic properties listed for the Immokalee Area require a greater degree of active preservation by the County. Alternatively, members could recommend whether any properties that are not listed above should be considered for some type of preservation status. County staff will be recommending, as part of the EAR process, that a new Historical Survey be commissioned for Collier County, and that surveys be performed at some regular interval, thereafter. The Committee should consider whether to support this recommendation. Also as part of the EAR process, staff will be evaluating the proper County agency to conduct, maintain and update the Historical Housing Construction Survey. Members of the County's Historical & Archaeological Review Board input into this issue are requested. 2.17.7 In general, County staff wild be recommending that the Collier County Board of County Commissioners (BCC) take a much more proactive stance on historic preservation than is cun'ently the situation. Staff intends on doing this through advocating to the BCC the importance of preserving historically significant structures for the sake of the citizens of Collier County to both enjoy and learn from within an educational/historical perspective. 17.8 _.c) 0 · 0 © ~0 0~ E ~ .E ~Ed O~ oO ~o o~~ ~o~ E'-'~ o~ .co 0 · ~E ~E o~ ~ 0 ..cz 0 ~o~ 0 ~ c- ._2 0 tll 0 0 Q.c' -~5'- c-- (1) x · ~ ~o · 5-- .I= c- ._~ .? ._~ dE =E 2.18 Affordable Housing - Affordable Housing by Right The EAR will evaluate whether the County's failure to allow affordable housing by right at sufficient densities in all land use categories within the urban boundary has hampered the attainment of affordable housing production objectives. Comments: The County's Density Bonus Ordinance was recently reviewed by the Workforce Housing Advisory Committee and several changes to it were suggested. Changes proffered by the Committee included creating a "density by right" system for affordable housing developments, altering the percentage required to be affordable in the current formula, and developing separate density calculation formulas for rental and owner-occupied housing developments. The Community Character/Smart Growth Committee are also discussing changes to the Growth Management Plan and Land Development Code that include the provision of residential over commercial by right. These changes could positively affect the production efforts and opportunities for affordable housing within the urban boundary and throughout the entire county. The County will continue to work with the various committees in an attempt to facilitate and promulgate affordable housing in this regard. 2.18.1 2.18.1 - Immokalee: The EAR will evaluate housing construction implementation activities and programs in the Immokalee urban area to determine whether housing production objectives in the plan have been achieved. Comments: The combination of SHIP, CDBG and other state funding (Urban Infill Grant & State HOME) has assisted in the creation of affordable owner-occupied housing units and affordable rental units. Affordable Housing program activity in Immokalee for 2001 through 1st quarter 2003: 2001 2002 First Quarter 2003 Total, Down Payment 26 units/$65,000 43 units/$188,000 21 units/$83,000 90 units/$336,000 ~,ssistance 12% of program 20% of program 35% of program 18% of program Impact Fee 10 units/$49,000 73 units/$436,000 52 units/$323,000 135 units/$808,000 Relief 9% of program 43% of program 90% of program 40% of program Residential 16 units/$250,000 39 units/$525,000 9 units/$90,000 64 units/$865,000 Rehabilitation 67% of program 87% of program 90% of program 80% of program 46 units/$138,000 Farm Worker 46 units/$138,000 .._ Rental Loan 100% of program --- 100% of program 98 units/$502,000 155 units/$1,149,000 82 units/$496,000 335 units/$2,147,000 Totals 24% of program 36% of program 64% of program 35% of pro[Iram Source: Collier County Financial Administration and Housing Department, 2003. Total housing assistance for Immokalee from 2001 to 30 April 2003: Units: 335 Dollars: $2,147,000 Ave. per Unit: $6,409 SHIP, CDBG, state and other funds have targeted Immokalee in an effort to promote and promulgate affordable housing. Thirty-five percent of Collier County's SHIP Funds over the past 2.25 years have gone to Immokalee. Furthermore, 64% of all SHIP activity has been concentrated in Immokalee - 1st quarter 2003. The percentage increase over time helps illustrate the county's dedication to the revitalization of the h-nmokalee community. The h-nrnokalee region continues to be among the leading areas of the County concerning the availability of affordable bousing for residents earning 80% or less of the area median income. 2.19 Environmental Resource and Habitat Protection - Habitat Restoration A. Introduction and Background. Collier County has adopted various criteria to protect habitats from destruction by development. These criteria address both the retention of native vegetation and the preservation of wildlife habitat. The original 1989 Growth Management Plan provided for 25% retention of "viable naturally functioning native vegetation" B. Identification of Specific Objectives from the Conservation and Coastal Management Element In June 2002, the GMP was amended in response to the Governor and Cabinet's Final Order addressing the Rural Agricultural Area Assessment. These amendments adopted more specific preservation and retention requirements for the Rural Fringe and Eastern Lands areas, and for other areas of the County as well. The current "countywide standards" provided for in Policy 6.1.1 of the CCME are summarized below: CCME, Objective 6.1, Policy 6.1.1 Coastal High Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres. 1001 Residential and Mixed Equal to or greater Greater than 5 acres Use Development than 2.5 ac. 25% and less than 20 acres. 15'2t Equal to or greater than 20 ac. 25°t Golf Course 35% 3501 Commercial and Less than 5 acres. 10% Less than 5 acres. 1001 Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 1501 Industrial Development (Rural- 50%, not to exceed 25% of 50%, not to exceed 25% of the t Industrial District only) the project site. 2.19.1 Implementation Activities. The GMP is implemented during the County's land petition and site development review process. Applicants must submit a vegetation inventory, including the amount of vegetation to be preserved on site. Staff reviews these applications for consistency with the requirements of the GMP and the Land Development Code to ensure the proper amount of vegetation is retained on site. C. Data Assessment. For the 1996 EAR, staff analyzed the amount of vegetative communities retained by permitted developments. This analysis has been repeated for the current EAR, with the results summarized in Table 1. Attachment A describes the methodology used to perform this analysis. For the period of 1989 through 1994, Collier County required developments to retain 21.9% of the listed vegetation communities. Between 1995 and 2002, the retention rate was 31.4%. A comparison of the individual vegetative communities is graphically displayed in Figure 1. D. Objective Achievement Analysis. The analysis indicates that application of the retention standards have set aside total vegetative communities at values that exceed the "nominal" value of 25% as adopted in the 1989 Growth Management Plan. These results do not reflect the new amendments that were adopted in 2002 in response to the Governor and Cabinet's Final Order addressing the Rural Agricultural Area Assessment. The Objectives that address the "county-wide "standards are summarized in Table 2. It is expected that these new policies will provide for at least the same amount of overall retention. The new policies also provide for a priority list of habitats that must be retained as part of the vegetation retention requirement. For example, newly adopted Policy 6.1.1 (4) states: Selection of preservation areas shall reflect the following criteria in descending order of priority: a. Onsite wetlands shall be preserved pursuant to Policy 6.2.4 of this element; Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 of this element. Parcels containing gopher tortoises shall protect the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1. An5, upland habitat that serves as a buffer to a wetland area, 2. Listed plant and animal species habitats, 2.19.2 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. d. Exceptions to these priorities are noted in (7) below. (7) Exceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Table 1. 198g-1994 1995.2002 Total Permitted Retained Percent Total Permitted Retained Percent Vegetative Community Acres Removal Acres Retention Acres Removal Acres Retention Uplands Coastal Strand n a Dry Prairie 38 30 8 2'1.1% 50 4.2 8 16.5% Pinelands 3,943 3,220 7.~.o, --~, 18.3% 4,008o· .~u,_n°c 7'1!3 17.9% Xeric Oak Scrub 54 :35 19 35.2% 10 6 3 '-'" '°" Hardwo,::d Hammocks and Folests 5El 27 29 5118 ~ 9'2 48 45 48.2% Trio f) i c a I H a r dw o o d H a rn rno o ki-) a 1 1 El 13 Sub-Total Uplands 4,189 3,37'2 817' 19.5% 4,164 3 388 775 Wetlands ::]::oastal '.E-;alt Marsh 40 '1 ;39 975% 10 113 ]l_-ICllD?b Fre.._:;h',A,';.~ter b'larsh _m'td Wet Prairies 308 129 17~ 58 1 ~1.1'11~ 477 8 l:l 394 q'~ -'~' I:'::yprs~s S'¢¢amF_: ..tU:, Zd3 700 7l] 4 H a r dwr_,,_-, d Swamp 291 63.:.~,_,'-'nc-' 78 4% 364_ I:%-i 271~_ 78.5% S;hfL!b, ~::'v"."r}i"l'-[iEI 5llq'_'O 21 72 'J":"~, F'_- 2El 81.1 Sub-Total Wetlands 1,792 487 1,385 72.8%I 5 476 1 995 3,481 63.6% Open Water 259 134 125 48.3%! 464 173 291 Other Clamilications I[ ,} ,' mm' :1 ,~--'--h4 41 1:3 '~:l ;~] _,--I 7qF;._ -; ,67F;_ '.~:;t'l[I.J bi a f-II~ Ehllj ::;t'd a n,J.... FIE;4 ~'q :', 71 113 7 '!'..':i, ~.=,.-':'? 1Flq__ _'l_::'l:' 1E;I 7'!',"::, F;iI-ltil-: Fll;~lllt (];,'_dlnrrllUrlltfes 4',--;1 ?BE; ',:;5 17 77';i, lE',01-1 Ei-_-151 lei7 Barren R!-q:', 575 -':' ?, 8'!:.';:, 7',_:',7 7:1,-i 57 7 :":" Sub-Total Other Classifications 5,018 4,798 220 4.4% 5 6'11 5,227 384 6.8% TOTAL 11,258 8,7'91 2,467 21.9% 15,114 10,183 4 931 31.4% 2.19.3 Figure 1. Vegetative Community 2.19.4 Table 2. Analysis of Specific Objectives from the Conservation and Coastal Management Element (CCME) relating to the Habitat Restoration Issue Unanticipated CCME Objectives Extent to which Changes Linked to the Issue Objectives have been Resulting in achieved Problems or Recommendations Opportunities OBJECTIVE 6.1 The County shall protect This is a new Objective None Maintain current native vegetative adopted in June 2002. Objective and communities through the attendant policies. application of minimum Not enough time has preservation requirements, passed to evaluate the Reevaluate at the next The following policies current obi ective. EAR. provide criteria to make However, the analysis this objective_measurable, provided above indicates These policies shall apply that the Objective can be to all of Collier County attained. except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. OBJECTIVE 6.2: The County' shall protect This is a new Objective None Maintain current and conserve wetlands and adopted in June 2002. Objective and the natural functions of attendant policies. wetlands. The following Not enough time has policies provide criteria to passed to evaluate the Reevaluate at the next make this objective current objective. EAR. measurable. Thesepo[icies However, the analysis shall apply to all of Collier provided above indicates County except for the that the Objective can be Eastern Lands Sturly Area, attained. J:br which policies are required to be adopted by November 1, 2002. 2.19.5 Unanticipated CCME Objectives Extent to which Changes Linked to the Issue Objectives have been Resulting in achieved Problems or Recommendations Opportunities OBJECTIVE 6.3 The County shall protect This is a new Objective None Maintain current and conserve submerged adopted in June 2002. Objective and marine habitats, attendant policies. Not enough time has passed to evaluate the Reevaluate at the next current objective. EAR. However, the analysis provided above indicates that the Objective can be attained. OBJECTIVE 6.4 The County will protect, This is a new Objective None Maintain current conserve and appropriately adopted in June 2002. Objective and use ecological attendant policies. communities shared with Not enough time has or tangential to State and passed to evaluate the Reevaluate at the next Federal lands and other current objective. EAR. local governments. However, the analysis >rovided above indicates that the Objective can be attained. OBJECTIVE 7.1 The County shall direct This is a new Objective None Maintain current incompatible land uses adopted in June 2002. Objective and away from listed animal attendant policies. species aud their habitats. Not enough time has These policies shall apply' passed to evaluate the Reevaluate at the next to all of Collier County current objective. EAR. except for the Eastern However, the analysis Lands Study Area, for provided above indicates which policies are required that the Objective can be ~ to be adopted by attained. November l, 2002. 2.19.6 E. Conclusion Overall, the majority of the enabling policies continue to be relevant to the all of the objectives listed in Table 2, and will therefore be retained in the updated comprehensive plan. It will require some time to evaluate the impact of the recently adopted vegetation retention policies. Therefore, no changes are recommended in this EAR for the set of objectives listed above in Table 2. 2.19.7 ATTACHMENT A METHODOLOGY FOR ASSESSING VEGETATION RETENTION FOR PERMITTED DEVELOPMENTS Planned Unit Developments (PUDs) approved between the years of 1995 and 2002 were ranked in order of size. PUD records were then reviewed for information regarding habitat. PUDs with the largest acreages were reviewed first. The following PUD records were included in the analysis: Arrowhead, ASGM Business, Bailey Lane, Baldridge, Cedar Hammock, Club Estates, Club Estates II, Cocohatchee, Collier Boulevard Mixed Use, Cypress Woods, The Dunes, First Assembly Ministry, First Baptist Church of Naples, Hammock Park Commerce Center, Ibis Cove, Indigo Lakes, Island Walk, Lands End Preserve, Lely Lakes Golf Resort, Malibu Lake, Mediterra (amendments only), Mirasol, Mission Church, Naples Heritage, Naples Reserve Golf Club, Nicaea Academy, Oak Grove, Olde Cypress, Outdoor Resorts of Naples, Pelican Marsh, Pelican Strand, Rigas, San Marino, Tarpon Cove, Terafina, Vanderbilt Country Club, Whippoorwill Lakes, Whippoorwill Woods, and Winding Cypress. Habitat types and their associated acreages to be destroyed and/or retained were gathered from vegetation surveys, environmental impact studies, and development order stipulations. In most PUDs, habitats were defined by the Florida Land Use, Cover and Forms Classification System (FLUCCS) numbers. However, occasionally brief written assessments of the plant communities were the only documents describing habitat types. In order to be consistent, FLUCCS numbers and the written assessments of plant communities were matched according to their definitions 2.19.8 HABITAT TYPE = FLUCCS NUMBERS Barren 741, Grassland = Dry Prairie = Shrub and = Brushland Pinelands = Xeric Scrub Oak = Mixed Hardwood = and Pine Forests Hardwood Hammocks And Forests Tropical Hardwood = 426 Hammock Exotic Plant = Communities Shrub Swamp = Freshwater Marsh = And Wet Prairie Open Water = Hardwood Swamp Mangrove Swamp Cypress Swamp Coastal Salt marsh Drained Cypress Swamp = 100, 110, 111, 112, 113, 189, 191, 740, 743, 744, 746, 800, 810, 814, 832 200, 210, 211, 213, 214, 216, 221, 231, 240, 241, 251, 260, 261 310 320, 321, 322, 329 410, 411, 4119, 415, 4159, 419 421 414 = 420, 427, 428, 432, 434 422, 424, 437 429 640, 641, 6419, 643, 6439, 646 = 642 500, 510, 511, 512, 513, 514, 520, 524, 533, 534, 540, 560, 616, 742 611, 617, 6179, 618, 630 612 620, 621, 6219, 624, 6249, 625 = 6215, 6245 2.19.9 2.20 Environmental Resource and Habitat Protection - Environmental Management Programs Environmental Management Programs: The County will assess whether its environmental management programs have been successful in protecting environmental resources and habitat areas. A. Introduction and Background. In June 2002, the GMP was amended in response to the Governor and Cabinet's Final Order addressing the Rural Agricultural Area Assessment. These amendments adopted more specific preservation and retention requirements for the Rural Fringe and Eastern Lands areas and for other areas of the County as well. These amendments created various mechanisms for environmental protection. A listing of these mechanisms is as follows: · Adoption of Vegetation Retention, Wetland Preservation and Listed Species standards applied at the project review level, · Adoption of NRPAs and Sending Lands land use restrictions in the Rural Fringe · Adoption of Flowway and Habitat Stewardship Areas in the Eastern Lands In November 2002, the County voters passed a referendum authorizing an environmental lands acquisition program. The program, Conservation Collier, is authorized to bond up to $75,000,000 to purchase environmentally sensitive properties. The Target Protection Areas include properties in the Urban Lands and North Golden Gate Estates having predominantly native vegetative cover, NRPAs, Sending Lands, Flow-way Stewardship Areas, and Habitat Stewardship Areas that are shown on the Future Land use Map. As of November 2003, approximately 500 acres are under review by the Conservation Collier Land Acquisition Advisory Committee (Figure 1.). B. Identification of Specific Objectives and Implementation Activities. The above listed protection mechanisms are implemented during the County's land petition and site development review process. The County is currently in the process of adopting the LDRs to implement these protection mechanisms and, therefore, has not had sufficient time to fully implement the Final Order directed amendments. The Conservation Collier land acquisition program is also in its beginning stage and no properties have yet been purchased. C. Data Assessment. Although the Final Order amendments have yet to be implemented, the County has been able to retain 31% of habitats through the development review process. (See 2.19 - Environmental Resource and Habitat Protection - Habitat Restoration, Habitat Restoration) The locations of properties currently under consideration for purchase by Conservation Collier are shown in Figure 1. 2.20.1 Table 1. Analysis of Objectives relating to the Conservation and Coastal Management Element Unanticipated Changes Extent to which Resulting in CCME Objectives Objectives have Problems or Linked to Issue been achieved Opportunities Recommendations OBJECTIVE 1.1 By August 1, 1994 the The Final Order None Maintain cmTent County will complete amendments adopted Objective and the development and various habitat attendant policies. implementation of a protection criteria comprehensive and land use Reevaluate at the environmental designations that next EAR. management and function to protect conservation program large natural systems. that will ensure that the These designations natural resources, include NRPAs and including species of Sending Lands special status, of Collier (Rural Fringe County are properly, Amendments) and appropriately, and Flowway and Habitat effectively identified, Stewardship (Eastern managed, and protected. Lands Amendments). Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Cmmnission. 2.20.2 CCME Objectives Linked to Issue Extent to which Objectives have been achieved Unanticipated Changes Resulting in Problems or Opportunities OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Complete. The County maintains a GIS database of various layers depicting various natural resource data and information. None Recommendations Maintain current Objective and attendant policies. Reevaluate at the next EAR. OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC-99-002 dated June 22, 1999, the County has completed the phased delineation, data gathering, management guidelines and implementation of the Natural Resource Protection Area (NRPA) program as part of the required Collier County Rural and Agricultural Assessment. Through this Assessment, the County has determined that the NRPA program is not the only mechanism to protect LDRs are currently being adopted. Conservation Collier Land Acquisition Program has begun evaluating properties for potential acquisition. None Maintain current Objective and attendant policies. Reevaluate at the next EAR. 2.20.3 Unanticipated Changes Extent to which Resulting in CCME Objectives Objectives have Problems or Linked to Issue been achieved Opportunities Recommendations significant environmental systems. Accordingly, within the Rural Lands Stewardship Area Overlay in the Future Land Use Element, the County has delineated Stewardship Sending Areas that will function to protect large environmental systems. Pursuant to the following policies, the County shall protect identified environmental systems through the NRPA and Rural Lands Stewardship programs. 2.20.4 D. Conclusion. Overall, the majority of the enabling policies continues to be relevant to the all of the objectives listed in Table 1 and will be retained in the updated comprehensive plan. Collier County has adopted various site-specific standards and planning areas to protect vegetative communities, habitats, and large, environmentally significant areas as part of its GMP amendments satisfying the Governor and Cabinet's Final Order (addressing the Rural Agricultural Area Assessment). Additionally, Collier County has implemented a land acquisition program that will support the overall Environmental Management Program. It will take some additional time before the County can evaluate the impacts of these recently adopted amendments. Therefore, no changes are recommended in this EAR for the set of objectives listed in Table 1. 2.20.5 Conservation Collier Properties Under Active Consideration LEE COUNTY Corksc~'ew Swamp Sanctuary CREW GOLDEN GATE BLVD IMMOKALEE RD OIL WELL RD I 75 Flcmda Panther National Wildlife Refuge Picayune Stra r~ State Forest Fa kahatchee Strand State Preserve National Estuarine ~ Research Reserve . Applications received 8.31.03 Park School Conservation Lands Everglades National Park 2.20.6 2.21 Environmental Resource and Habitat Protection - Coastal Barrier and Estuarine Resources A. Introduction and Background. The 1989 Growth Management Plan adopted a number of Objectives that addressed the protection and conservation of the County's coastal and estuarine resources. These objectives and their attendant policies specifically identified the maintenance of water quality standards within the estuaries and canals discharging to the estuaries (Objectives 2.2 and 2.3), the appropriate protection of coastal barrier and estuarine habitats (Objectives 2.5, 6.3, and 10.6), the protection of certain listed species within this area (Objectives 7.2 and 7.3) and the creation of artificial reefs (Objective 7.4). B. Implementation of Specific Objectives and Implementation Activities. The GMP is implemented during the County's land petition and site development review process. Applicants must submit their development plans including vegetation inventories, the amount of vegetation to be preserved on site, stormwater management plans and listed species management plans, if applicable. Staff reviews these applications for consistency with the requirements of the GMP and the Land Development Code. The County's Pollution Control Department also conducts a water quality program by collecting and testing surface and ground water samples. C. Data and analysis. The County has collected various data to evaluate coastal barrier and estuarine resources. Data are available for the following: coastal habitats, manatees, sea turtles and water quality. Coastal Habitats. Coastal habitats include the vegetative communities of Coastal Strand, Mangrove Swamp and Coastal Salt Marsh. The results of the analysis performed for Issue #1 for these habitats are summarized in the following table. 1989-1994 1995-2002 Total Permitted Retained Percent Total Permitted Retained Percent Coastal Acres Removal Acres Retention Acres Removal Acres Retention Habitat Coastal Strand n.a. - I n.a. Coastal Salt -- I 100.0% Marsh 40.0 1.0 39.0 97.5% 10.0 ~ 10.0 Mangrove , Swamp 141.0 3.0 138.0 97.9% 0.5 I 334.6 99.9% , I 335.1 I I This analysis indicates that nearly all of these coastal habitats were retained within permitted developments evaluated for the period of 1995-2002. The county has LDC 2.21.1 EAR Issue #3. Coastal Barrier and Estuarine Res.urces 11-21-03 standards that address the protection of seagrasses from boat dock construction, but no data are available for submerged habitats. Manatees. Information addressing Manatee deaths within Collier County are depicted in Figures 1 through 4. Boat deaths typically account for less than half of the total manatee deaths in Collier County. The 7-year moving average of boat deaths (Figure 2) for 2002 (6 deaths) is 2 deaths higher than that for 1995 (4 deaths). However, because the number of registered boats are increasing faster than the number of boat-related manatee deaths, the trend of boat-related deaths per 10,000 boats as seen in Figure 3 has been decreasing. The 7-year moving average through the year 2002 is 3.0 boat-related deaths per 10,000 registered boats. The locations of boat related deaths for the period of 1996 through 2002 are depicted in Figure 4. Sea Turtles. Sea Turtle nesting data are depicted in Figure 5 through Figure 7. Total nesting activity (Figure 5) is subject to many factors that are not controlled by local governments. More within the County's control is insuring that lighting conditions on Collier's beaches do not interfere with nesting and hatching activity. County staff has conducted aggressive nightly inspections for lighting violations in order to decrease the impact on sea turtle activities. Since 1996, recorded lighting violations (Figure 6) have decreased with a corresponding decrease in recorded disorientated nests (Figure 7). Artificial Reefs. Since 1996, the County has placed 8,740 tons of reef materials on 28 reef sites: 1996 1997 :1998 1999 2000 2001 2002 2003 Tons of 250 680 710 0 800 1800 1000 3500 Material Number 1 2 2 0 2 5 7 9 of Reef Sites Water Quality. The Everglades West Coast Basin Status Report (November 2001) contains a planning list of potentially impaired waterbodies where sufficient data were available for assessing potential impairments Figure 8. Table 1 summarizes the information taken from this report. Of the 18 waterbodies that have sufficient data for assessing potential impairments, 9 waterbodies were found to have some degree of potential impairment. The location of these potentially impaired waterbodies are depicted in Figure 9. The reasons for potential impairments were due to substandard dissolved oxygen values and fish consumption advisories. Fish consumption advisories were based on the Florida Department of Health's "limited consumption" or "no consumption' advisories for surface waters because of high levels of mercury in fish tissues (The Everglades West Coast Basin Status Report). 2.21.2 EAR Issue//3. Coastal Barrier trod Estuarine Resources 11-21-03 Collier County has been collecting water quality ctat~[ for a variety of locations within the County (Figure 10 and Attachment A). Where sufficient d[~a are available, Water Quality Index (WQI) values have been calculated for these locations. The vast majority of these values are "Good", the highest value that can be received. These data are summarized in the charts presented in Attachment B. C. Objective Achievement Analysis. Assessment of the data analyzed above indicates that coastal and estuarine habitats have been preserved at levels greater than 99% of the original habitat. Although no data are available for assessing impacts to submerged habitats, the County does implement various sections of the LDC that provide protection for sea grasses around boat docks. Boat-related manatee deaths are within the 3.2 boat deaths per 10,000-boat benchmark identified in CCME Objective 7.2. Sea Turtle disorientations are also within the 5% benchmark identified in CCME Objective 7.3. The County has continued to place materials in the Gulf within its artificial reef sites. The Everglades West Coast Basin Status Report, which was done in November 2001 by the Florida Department of Environmental Protection, has identified 9 water bodies within Collier County that have potential impairment of water uses. Although the majority of WQI scores are in the "Good" range, it is recommended that the County further evaluate the extent of these potential problems and identify a strategy to address non-point sources of pollution. 2.21.3 EAR Issue #3. Co~lxtal Barrier trod Extuarine Resources 11-21-03 Figure 1o Manatee Deaths in Collier County ![] Boat Deaths [] Other Causes Figure 2. Boat Related Manatee Deaths in Collier County 25 V' 20 ~ i Registered Boats (1.000), r Boat Related Manatee 15 ~- Deaths Boats (1,000) Boat Related Deaths -7 per. Mov. Avg. (Boat Related Deaths) 2.21.4 EAR Issue//3. Coastal Barrier r/nd Estuarine Resources 11-21-03 Figure 3. Trend Analysis of Boat Related Manatee Deaths per 10,000 Boats in Collier County Boat Related Manatee 6 t Deaths per 10,000 boats Boat related Deaths per 10, 000 registered boats ~7 per. Mov. Avg. (Boat related Deaths per 10, 000 registered boats) 2.21.5 EAR Issue #3.. Coastal Barrier and Estuarine Resources 11-21-03 Figure 4. Boat Related Manatee Mortality .: ~.: Legend ~~'~ -~ 1996 through 2002 '1' 4.5 9 18 Miles 2.21.6 EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Figure 5. 700 7 650 600 ! 550 ¢ -- 500 !i 450, 400 i 350 300 200 , 150 lOO 50 ~- O, Sea Turtle Activity ,3 False Crawls r__ri Nests 1994 1995 1996 1997 1998 1999 2000 2001 2002 Figure 6 300 -~- .... Historical Beach Ligthing Violations 400 350 ~ ~ ...... "6 250 ..... > 200! o I ~- 150 ~ , 100- r z 50- 1994 1995 0 1996 1997 1998 1999 Year 2000 2001 2002 2.21.7 EAR Issue #3. Coastal Barrier and Estuarine Resources ! 1-21-03 Figure 7. 60 50 ~) 30-;-- 020~ 0 , 10 Disoriented Nests 33 (7.0%) 27 27 , (4.6%) (4.6%) (2.7%)' (4%) 2 (0.4%) 1996 1997 1998 1999 2000 2001 2002 2.21.8 EAR Issue #3. Coastal Barrier ~l;zd Estuarine Resources 11-21-03 Figure 8. Waterbody Segments with Sufficient Data for Evaluation Legend Canal FDEP Elasms Sufficient ' Cat!OoP/ SL~C~O~I 3 Catc~nes 415 '~ 1BI/ es 2.21.9 EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Figure 9. FDEP Potentially Impaired Waterbody Segments 32598 3289A Legend -- Canal ~ FDEP Basins Type of Impairment ~ Fish ~-~ Conventional ~ Both Data Source: Basin Status Report ~ Everglades West Coast ~. FDEP November 2001 ~,'~,, E s I I I I I I I I I 0 4.5 9 18 Miles '/% ~__ , 3261C ",,, 32618 C6liier Counflt 2.21.10 EAR Issue #3. Coastal Barrier and Estuarit, e Resources 11-21-03 Figure 10. Water Quality Sampling Stations I p ,74 21,22 5 8 13 53~2 27 2 7 6 4959~§2 ' I fo ] S 31 ~?.~ I / / I .64 Legend Canal WQI/TSI Stations 0 4.5 9 18 I~liles 39 .37 .36 See Attachment A for the Map Index of Collier County Monitoring Stations 2.21.11 EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Table 1. Potentially Impaired Waterbody Segments (Source: The Everglades West Coast Basin Status-- Report, November 2001) Waterbody Waterbody Fish Bio- (WBID) Type Metals Conventionals Nutrients Advisories assessmentsI "Anall/tes Cocohatchee Stream *Potentially *Potentially DO, fish River impaired impaired consumptio (3259A) Cocohatchee Stream * *Potentially DO River Canal impaired (3259B) Gordon Stream . River (3259C) Gordon Stream * River Canal (3259D) Henderson Stream Creek Canal (3259E) Golden Gate Estuarine Canal (3259F) Naples Bay Estuarine * * * (3259G) Henderson Stream Creek Canal i (3259H) West Collier Stream (32591) Rookery Bay Estuarine (3259J) Runoff to Stream Gulf (3259K) Blackwater Stream * I River (3259L) Runoff to Estuarine · Gulf (3259M) Runoff to Estuarine · Gulf (3259N) Faka Union ~ Stream * Potentially DO Canal impaired (32590) Ferguson Estuarine · River (3259P) Outer Clam Estuarine · Bay (3259Q) Runoff to Estuarine · RunoffGulf (3259R)i to ~ Estuarine 2.21.12 EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Table 1. Potentially Impaired Waterbody Segments (Source: The Everglades West Coast Basin Status Report, November 2001) Waterbody Waterbody Fish Bio- Impairment (WBID) Type Metals Conventionals Nutrients Advisories assessments Analytes Gulf (3259S) Lake Avalon Lake (3259T) Lake Lake * * Trafford (3259W) Drainage to Stream * * Potentially DO Corkscrew impaired (3259X) ~ Vanderbilt Estuarine ~ Waterway (3259Y) Little Estuarine Hickory Bay' t (3259Z) C-139 (3255) Stream * Fish Potential ly Co nsu m pti or impaired Barron River Stream * * Fish i Canal Potentially Consumptior i(3261A) i ,impaired I Tamiami Stream * * Potentially * * DO, Fish Canal impaired Potentially Consumptior (3261 B) impaired Barron River Stream * * Potentially ,~ * DO, Fish Canal i impaired J Potentially Consumptior (3261C) ! impaired Tamiami Stream Canal (3266D) L-28 Stream * * Potentially Potentially DO, Fish Interceptor impaired impaired Consumptior (3266) i WBID - Waterbody ID, * Sufficient data available for assessing impairment, DO - Dissolved oxygen 2.21.13 Table 2. Analysis of Objectives relating to the Coastal Barrier and Estuarine Resources Issue Unanticipated Changes Extent to which Resulting in CCME Objectives Objectives have Problems or Linked to the Issue been achieved Opportunities Recommendations OBJECTIVE 2.2: All canals, rivers, and The Everglades Not applicable. Continue with flow ways discharging West Coast Basin monitoring water into estuaries shall Status Report has quality within Collier meet all applicable identified 9 County Federal, State, or local waterbodies within waterbodies. water quality Collier County that standards, have potential Coordinate with ~mpairment of water FDEP's effort for uses, therefore, this determining objective has not TMDLs. been completely achieved. Consider developing and implementing a program to reduce non-point source oollution to identified surface .............. waters. Continue with OBJECTIVE 2.3: monitoring water All estuaries shall meet The Everglades None applicable, quality within Collier all applicable federal, West Coast Basin County state and local water Status Report has waterbodies. quality standards, identified 9 waterbodies within Coordinate with Collier County that FDEP's effort for have potential determining impairment of water TMDLs. uses, therefore, this objective has not Consider been completely developing and achieved. ~mplementing a program to reduce ' non-point source ~ollution to identified surface I waters. 2.21.14 EAR Issue #3. Coastal Barrier a~td Estuarine Resources 11-21-03 Unanticipated Changes Extent to which Resulting in CCME Objectives Objectives have Problems or Linked to the Issue been achieved Opportunities Recommendations OBJECTIVE 2.5: The County will This Objective has Not applicable. None. continue with the been achieved by implementation of its applying the estuarine management referenced program by requiring standards in its development to meet development review its current standards process. addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. OBJECTIVE 6.3 The County shall This Objective has Not applicable. None. protect and conserve been achieved by submerged marine applying the boat habitats, dock standards in its development review process. OBJECTIVE 7.2 Historical data from The data presented The County is Subject to the 1990-1996 shows that demonstrates that working with a review of the the average number of this Objective has stakeholders Manatee Protection manatee deaths in been achieved, group to review Stakeholders Group Collier County due to the current recommendations. incidents with Manatee watercraft is Protection Plan to approximately 3.2 per determine year per 10,000 boats, possible Through Policies 7.2.1 improvements. A through 7.2.4, the preliminary set of County's objective is to recommendations minimize the number may be available of manatee deaths due in June 2004. to boat related incidents. 2.21.15 EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Unanticipated Changes Extent to which Resulting in CCME Objectives Objectives have Problems or Linked to the Issue been achieved Opportunities Recommendations OBJECTIVE 7.3 Historical data from The data presented Not applicable. None. 1996-1999 shows that demonstrates that the average number of this Objective has sea turtle been achieved. disorientations is 5% of total nests. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. OBJECTIVE 7.4 The County shall The data presented Not applicable. None. continue to improve demonstrates that marine fisheries this Objective has productivity by building been achieved. additional artificial reefs. OBJECTIVE 10.6: The County shall The data presented Not applicable. None. conserve the habitats, demonstrates that species, natural this Objective has shoreline and dune been achieved. systems contained within the County's coastal zone. 2.21.16 EAR Issue I/3. Coastal Barrier and Estuarine Resources' 11-21-03 Attachment A. Map Index of Collier County Monitoring Stations ID Station Lattitude Longitude Basin O CORt<SCRD 2649581 -81.52881 ORB 1 OKALA858 2630483 -81.29206 O14 2 BC24 2620352 -81 34646 BRC 3 TIEBACK 2617277 -8089416 L28 4 BC26 26.27242 -81 68936 ORB 5 COCEOF31 26 27283 -81 76352 ORB 6 COCPALM 2627780 -81.77806 ORB 7 CORKN 2642202 -81 57849 ORB 8 CORKS 2635366 -81.61880 CRB 9 CORKS\/V 2635596 -81 64131 10 B013 2627308 -81.77989 ORB 11 BC14 2627268 -81.77832 ORB 12 BC15 2627109 -81 76943 ORB 13 B026 2629396 -81.47943 FSB 14 CORK~846 26 27798 -81.60102 MGG 15 GGC@858 2629332 -81.56176 MGG 16 CORK~846 2627798 -8'1.60102 MOO 17 ORANGETR 2627759 -81.58105 MGG 18 FAKA858 2629288 -81.52964 FKC 19 LKTRAF5 26.40946 -81 A9341 FSB 20 LKTRAF4 2641521 -81.49902 FSB 21 LKTRAF3 26.42810 -81.49493 FSB 22 LKTRAF 1 2643287 -81.4863'1 FSB 23 ECOCQRIV 2627207 -81.78376 ORB 24 COCAT41 2628245 -81.80138 MCR 25 CHKMATE 2614361 -81.38929 FSB 26 GGC@GGBE 2622989 -81.58861 MGG 27 GGC05~23 2619814 -81.65282 MOO 28 BO10 2615314 -81 52340 FKC 29 ECS 25 99350 ~81.49049 FIKC 30 BO9 26 15317 -81.55526 31 ECl I 26 1535'1 -81.49064 FI.<C 32 BO'12 26 08830 -81.45811 FIKC 33 GATOR 25 84303 -80.91769 MCR 34 BO16 25.88780 -81.26'172 35 BC17 2587638 -8122805 TB 36 MONROE 2586358 -8110118 37 TAMER90 2587223 -81.18740 T B 38 CHI<MATE 2608310 -81.22420 T B 39 TURNER 25.89084 -81.26975 T B 40 BC23 26.17034 -81 68674 MGG 41 17SO@VAN 26 244'13 -81.73611 MGG 42 GGC14 26 '1988'1 -81 70361 MGG 43 GCB02@SUN 26 19186 -81 69648 ivIGG 44 GCB01@20 26 19017 -81 70792 MGG 45 GGCAT951 26.17034 -81.68674 MOO 46 CYPR@GGB 26 22903 -81 67112 MGG 47 GOO@WHITE 26 21266 -81 65528 MOO 48 BO1 2613412 -81 79046 MOB 49 SC2 26 14094 -8I 78513 blOB 50 803 26 16328 -81 78654 ORE 51 BO4 26 16777 -81 77574 ORE 52 GORDONRIV 2617380 ~81 78461 GRE 53 GREEN(~.SB 2619744 -81 7'1936 MGG 54 MGG03@32 26'16997 -81 70515 blGG 55 GGC'I 0 26 '16678 -81.7 IS58 MGG 56 D2886 26 17397 -81 73378 MGG 57 GGCAT31 26 16806 -81.76754 ORE 58 BO5 26 12536 -81 77037 MCR 59 ROCKW 2614603 -81 76665 MOB 60 HAL©CRK 26 12370 -81.76263 vvrdG 61 LELY 26 '10465 ~81 74625 WM6 62 RQOKE 26 14549 -8176620 63 ECl8 25.91867 -8'1 39096 FSB 64 BO 19 25.92696 -81 42645 FSB ~:~5 BC21 2596047 8! 50022 FEB ¢,6 FAIqAI IPOI 25 95594 8~ .,1051 MCR 67 BC22 26 057'11 -:3 I 68955 HEC 88 E:(-R 2605667 -:,1 68986 HEC 69 E'C20 25 96104 81 516F,4 70 TOMATO41 26 Q0800 -81 60911 '-(CB 7 I P~t~.A 2'~ 'cii:~7¢~7 -81 509:5;~ F!<,Z 7 :- E:,37 25 ¢i9276 -;:: I 52181 qC:E; 73 BAqR!",,'T,I 25 99977 -S1 362,4Z: MOE; 74 L?;TRa, F2 2¢' 43.,61 -81 79-31 I Description WElD COCOHATCHEE RI'v'ER 3259X OIKALOACOOCHEE 3261C BARON RIVER CANAL 3261C L-28 TIEBACI.< BASIN 3266 C OCOHATCHEE RIVER 3259B COCOHATCHEE RIVER 3259B COCOHATCHEE RIVER 3259B COCOHATCHEE RIVER 3259B C OCOHATCHEE RIVER 3259B COCOHATCHEE RIVER 3259B COCOHATCHEE RIVER 3259B COCOHATCHEE RIVER 3259B COCOHATCHEE RIVER 3259B FAIKAHATCHEE STRAND 3259B MAIN GOLDEN GATE 3259B MAIN GOLDEN GATE 3259B IVIAIN GOLDEN GATE 3259B MAIN GOLDEN GATE 3259B FAKA-UNION CANAL 3259B FAI<AHATCHEE STRAND 3259W/ FAt<AHATCHEE STRAND 3259W FAKAHATCHEE STRAND 3259W FAIKANATCBEE STRAND 3259W COCOHATCHEE RIVER 3259A MISCELLANEOUS COASTAL BASI 3259A FAKAHATCHEE STRAND 32591 blAIN GOLDEN GATE 32591 MAIN GOLDEN GATE 32591 FAKA-UNIOid CANAL 32591 FAI.<A-UNION CANAL 32591 FAKA-UNION CANAL 32591 FAIKA-UNIOI'q CANAL 32591 FA!.<A-UNION CANAL 32591 MISCELLANEOUS COASTAL BASI 8261E~ TURNER RIVER CANAL 326'1 E} TURNER RIVER CANAL 3261B TURNER RIVER CANAL 32610 TURNER RIVER CANAL 3261B TURNER RIVER CANAL 3261B TURNER RIVER CANAL 3261B MAIN GOLDEN GATE 32598 MAIN GOLDEN GATE 32598 MAIN GOLDEN GATE 3259E MAIN GOLDEN GATE 3259E MAIN GOLDEN GATE 32598 MAIN GOLDEN GATE 32598 MAIN GOLDEN GATE 3259F MAIN GOLDEN GATE 3259F MISCELLANEOUS COASTAL BASI 3259C MISCELLANEOUS COASTAL BASI 3259C GORDON RIVER 3259C GORDON RIVER 3259C GORDON RIVER 3259C MAIN GOLDEN GATE 3259D MAIN GOLDEN GATE 32590 blAIN GOLDEN GATE 3259D MAIN GOLDEN GATE 3259D GORDON RIVER 3259D MISCELLANEOUS COASTAL BASI 3259H MISCELLAI',IEOUS COASTAL BASI 3259H WATER I'.,,d Ai',IA G E M EI'qT 3259H WATER MANAGEMEi'4T 8259H WATER M.AlxlAGEMENT 3259H FAKA-IATCHEE STRAND 3259L FAKAHATCHEE STRAND 3259L F,,a,P'~ HATOHEE STR'AND 325'JL K41SCELLA['.IEC!LI:T~ COASTAL BASI 3259L HENCERSDI.i CREEl'( 3253L HEI'qDERSOIxl ,~ F,:E El< 3259L DOLITHER['/ DC,.A STAL 3259L qO! ITHEF I'1 ,:S6'.A STAL 3259._ F AI,(A-UI .ll,-q'.l ~ :;,I .IAL & 259,Z) SC UTHERI'I ,-];D ~.8;'] a.L 226.tO M[]-C[ LLANE0)I. IS COA:-.TAL E'~,?I 3.201A 2:21.17 EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Attachment B. Water Quality Index Scores for Collier County Monitoring Stations 35 ~ 25 '~ 20 1~ o-- Water Quality Index Values for BARRIVN (Based on data collected between October 2000 through March 2003) 3O Good 0 Fair Poor Water Quality Index Vaue 35 ~ 30 ~ 2o lo Water Quality Index Values for BC24 Based on data collected between October 2000 through March 2003) 29 Good Fair Poor Water Quality Index Vaue 30 25 20 15 10 5 0 Water Quality Index Valuesfor OKALA858 (Based on data collected between October 2000 through March 2003) 24 Good Fair Water Quality Index Vaue Poor 3O o 25 z 0 Water Quality Index Values for BC13 {Based on data collected between October 2000 through March 2003) 27 Good 3 Fair Poor Water Quality Index Vaue 35 ~ 3o o ~ 2o o Water Quality Index Values for BC14 (Based on data collected between October 2000 through March 2003) 29 Good Fair Poor Water Quality Index Vaue Water Quality Index Values for BC15 (Based on data collected between October 2000 through March 2003) 35 ~ 30 29 ._0 .~ 2o to 5 1 0 Good Fair Poor [ Water Quality Index Vaue 35 ~ 20 0 15 0 Water Quality Index Values BC26 Based on data coJlected between October 2000 through M arch 2003) 0 0 Good Fair Poor Water Quality Index Vaue 2.21.18 3O o 25 ~ 20 ~ 10 0 Water Quality Index Values COCAT41 (Based on data collected between October 2000 through March 2003) 4 Good Fair Poor Water Quality Index Vaue EAR Issue #3. Coastal Barrier and Estuarine Reso~trces 11-21-03 Water Quality Index Values COCPALM (Based on data collected between October 2fl00 through March 2003) ~ 18 I~ 16 '= 14 12 10 8 4 2 J Good Fair Poor ! Water Quality Index Vaue Water Qualitylndex Values CORKN 35 30 20 10- Good Based on data collected between October 2000 through March 2003) 30 0 0 Fair Poor Water Quality Index Vaue o= 25 = 20 0 ~E 5 == 0 Water Quality Index Values CORKS (Based on data collected between October 2000 through March 2003) Good Fair Poor Water Quality Index Vaue I Water Quality Index Values CORKSCRD j (Based on data collected between October 2000 through March 2003) ; 30 ~o 25 I~ 20 *~ 10 -- Good Fair Poor Water Quality Index Vaue 0 15 Water Qualitylndex Values CORKSW (Basea ~e data collected between October 2000 through March 2003) 30 ~ 0 Good Fair Poor ..... W_ate~r O~uality I~nde__x V~a_ue . 35 c~ 30 ~ 20 ro 15 z Water Quality Index Values ECOCORIV (Based on data collected between October 2000 through March 2003) I 0 Good Fair Poor .... W_a_t_e__r _Q~ality Index Vaue 35 30 ~ 20 0 15 E 5 Water Quality Index Values BC10 (Based on data collected between October 2000 through March 2003) 0 0 Good Fair Poor Wa_ter Quality Index Vaue Water Quality Index Values BC11 (Based on data collected between October 2000 through March 2003) ._o ~ 2s ~ 20 Water Quality Index Vaue 2.21.19 EAR Issue #3. Coastal Barrier ~md Estuarine Resources 11-21-03 Water Quality Index Values BC12 (Based on data collected between October 2000 through March 2003) 35 30 ~ 25 !~e 20 E 5. ~= 0 0 Good Fair Poor Water Quality Index Vaue Water Quality Index Values BC7 (Based on data collected between October 2000 through March 2003) 35 30- 20 0 Good Fair Water Quality Index Vaue Poor [= go ~ 25 :~ 20 i~© 15 o ~ 10 0 Water Quality Index Values BC8 (Based on data collected between October 2000 through March 2003) Good Fair Poor Water Quality Index Vaue Water Quality Index Values BC9 (Based on data collected between October 2000 through March 2003) 35 30 !~ 20 _o is i1° Good Fair Poor Water Quality Index Vaue Water Quality Index Values FAKA (Based on data collected between October 2000 through March 2003) Good 0 Fair Poor Wa_!er Qu~!_ty I~n~d~ vaue ~ Water Quality Index Values FAKAUPOI . (Based on data collected between October 2000 through March 2003) 35 ~ 30 ,g ;~ 20 Good Fair Poor Water Quality Index Vaue Water Quality Index Values for BC18 : (Based on data collected between October 2000 through March 2003) 35 'r~: 30 ~ 25 .~ 20 0 15 ~ to o Good o 0 Fair Poor Water Quality Index Vaue 35 ~ 30 ._o "~ 25 g 20 0 15 z o Water Quality Index Values for BC19 (Based on data collected between October 2000 through March 2003) Good Water Quality Index Vaue 2.21.20 EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Water Quality Index Values for BC21 {Based on data collected between October 2000 through March 2fl03) 28 Good 2 Fair Water Quality Index Vaue Poor .J Water Quality Index Values for BC25 35 o 2O O 15 Based on data collected between October 2000 through March 2003) 30 0 0 Fair Poor Water Quality Index Vaue Water Qualitylndex Values for GATOR (Based on data collected between October 2000 through March 2003) Good Fair Poor Water Quality Index Vaue Water Quality Index Values for BC22 (Based on data collected between October 2000 through March 2003) 30 c~ 2S o ~'~ 20 '~ 10 Good Fair Poor Water Quality Index Vaue [----- Water Qualitylndex Values for BC3 (Based on data collected between October 2000 through March 2003) 30 28 Water Quality Index Vaue Water Qualitylndex Values for BC6 (Based on data collected between October 2000 through March 2003) 35 30 =" 30 ,o g 20 o .~ to 0 0 ~ Good Fair Poor i ..... W?er Quality Index Vaue 30 ~ 25 ._o ~ to Water Qualitylndex Values for BC1 (Based on data collected between October 2000 through March 2003) Good 2 Fair Poor Water Quality Index Vaue 30 ~ 25 ._o i2° o Water Qualitylndex Values for BC2 (Based on data col(ected between October 20QO through March 2003) Good 4 Fair Poor Water Quality Index Vaue 2.21.21 EAR Issue #3. Coastal Barrier ~md Estuarine Resources i 1-21-03 '~ 20 Water Qualitylndex Values for BC23 (Based or~ data collected between October 2000 through March 2003) Good 0 0 Fair Water Quality Index Vaue Poor Good Water Qualitylndex Values for BC4 (Based on data collected between October 2000 through March 2003) i 35 ~ 30 20 i Fair Poor Water Quality I nde x Vaue o lg 0 Water Quality Index Values for CORK@846 (Based on data collected between October 2000 through March 2003) Good Fair Water Quality Index Vaue Poor 35 I~ 20 io 15 iZ 0 - Water Quality Index Values for GGC@858 (Based on data collected between October 2000 through March 2003) Good 0 Fair Poor Water Quality Index Vaue Water Quality Index Values for GGCAT31 (Based on data collected between October 2000 through March 2003} 35 ._o 25 i.~ 10 E I 0 .... : Good 0 Fair Poor Ware r Qual!!y In de_x_ Vaue. Water Qualitylndex Values for BC20 (Based on data collected between October 2000 through March 2093) ! 3o ~ 20 ~o g Good 4 Fair Poor Water Quality Index Vaue Water Quality Index Values for TONIAT041 (Based on data collected between October 2000 through March 2003) 35 ,~ 30 _o ~ 25 ;, ~ 20 o *5 15 ~ ~o 0 Water Quality index Vaue Good 2.21.22 Water Qualitylndex Values for BC16 (Based on data collected between October 2g00 through March 2D03) ~ 25 ~. 20 ~ ~5 ~1o Good 2 Fair Poor Water Quality Index Vaue EAR Issue #3. Coastal Barrier and Estuarine Resources 11-21-03 Water Qualitylndex Values for BC17 (Based on data collected between October 2000 through March 2003) 35 30 2 30 o I~ 20 15 io I~ 10 I 0 I Good 0 0 Fair Poor Water Quality Index Vaue Water Quality Index Values for MONROE (Based on data collected between October 2000 through March 2003) 35 30 ~ 30 o ~ 25 '~ 20 , Fair Poor Water Quality Index Vaue Good 35 20 i 10 tO z I o Water Qualitylndex Values for TAMBRg0 (Based on data collected between October 2000 through March 2003} Good 0 Fair Poor Water Quality Index Vaue Water Qualitylndex Values for BC5 (Based on data collected between October 2000 through March 2003) 3O o 25 . 2O Good 4 Pair Poor Water Quality Index Vaue [- .... Wa-t; r---Ou~l~t~t In~e x'~;/;es f~r H---/~DcRK (Based on data collected between October 2000 through March 2003) o~ oo 25 '~ 20 ~ S Good Fair Water Quality Index Vaue Water Quality Index Values for LELY (Based on data collected between October 2000 through March 2003) 35 ~ 30 29 ~ 2S O ~6 15 !~ to Good Fair Poor Water Quality Index Vaue 2.21.23 E. Conclusion Overall, the majority of the enabling policies continues to be relevant to the all of the objectives listed in Table i, and will be retained in the updated comprehensive plan. It will require some time to evaluate the impact of the recently adopted vegetation retention policies. Therefore, no changes are recommended in this EAR for the set of objectives listed above in Table 2. 2.21.24 2.22 Hurricane Evacuation - Limiting Development in the Coastal High Hazard Area A. Introduction and Background Collier County has not experienced a catastrophic countywide disaster since Hurricane Donna in 1960. Despite the County's good fortune and the relatively short collective, memory of its residents, the County has not been lulled into complacency. Over the years, Collier County's Board of County Commissioners have instituted policies, that have resulted in limiting development within the Coastal High Hazard Area (CHHA). These strategies have been denying all taxpayer subsidized, unimproved capital improvement projects within the CHHA; denying any transfer of developments rights within the CHHA; and limiting any density increases through the density rating system. 2.22.1 Maps 2.22-1 and 2.22-2 spatially display the differences in a graphic format: 2.22.7 Map 2.22~1 1995 Land Uses: commercial & residential development Legend 1995 CHHA - residential & commercial development Lev3_desc F~:<a-d Single F~mil~ 2.22.8 Map 2.22-2 2001 Land Uses: commercial & residential development 0 3 6 12 '18 24k ,1lies~ Legend ~ Coa~taLHigb_Hazard_Line J Collier County boundary Level_3 . Fixed Single Family Unite . Golf Courses I Mixed Commercial and Sen,'ices Mixed Units <Fixed and mobile blobile Home Units Any Bensity Multiple Dwelling Units High Multiple Dwelling Units Low Ri B Retail Sales arm Sen/ices I Ret;~ii Sa!es a?~d Ser~,'ices Sh I Tour ist 2.22.9 Map 2.22-3 Collier County: Limiting Development within the CHHA 0 15 3 Legend Major F~oads ~ Collier County - umncorporated DESCRITION ~ Ba ysh ore/G ateway Tria ~ed~ve ~opm ent ~ Henderson Creek Mixed Use Subdistrict ~ Mixed Use Activity Center Subdistrict ; Urban Coastal Fringe Subdistrid ,--m Jbd J~t'ld Urban Residential Fringe ~ ' Urban Re sid entia [ Sub district ~ CHHA ZONES ,~ AC S C/ST ,&ST-M[ZO ZONES : ' C-2 I C ~ IM hqO KAL EE RD ~JANDERBILT BEA!H RD PINE RIDGE RD PINE RIDGE RD EXT BECK BLVD I 75 6 9 12 Miles 2,22.10 Map 2.22-4 Collier County: Limiting Development within the CHHA Legend -- Ma. ior Roads ~ Collier County - unincorporated DESORITION I Bayshore/Gateway Triangle Redevelopment ~ Henderson Creek Mi×ed Use Subdistrict ~ Mi×ed Use Activity Center' Subdistrict !~;~-i~'~: Urbar, Coastal Fringe Subdistrid Urban Residential Fringe Subdistrict Urban Residential Sub district ~ CHHA ZONES A ,~ AC S C ~ST-MIZO ZONES C-1 I r-C:-3 l l 0 1.5 3 6 9 12 ~--- Mil e s 2.22.11 0 0 0 0 0 0 0 d d d d d d c:; d 0 0 0 0 0 0 0 0 d d d d cS d o- d O0 r'-,... Co LO ~1' C'O C'J a6e~.oo_.-I e ~;nbs gOOg/g/l; ~O0~/g~ gOOg/g/g ~O0~/g/l; LOO~/g/~ LOOg/g/g LOOg/g/l; O00g/g/~ O00g/g/g O00~/g/~ 666 L/g~ 666 L/gig 666 ~1~1~ 866 L/g~ g66 L/g/g g66 L/g/l; Z66 L/g,~ Z66 L/gig Z66 L/g/l; 966 L/g/~ L 966 L/g/g 966 L/g/l; S66 L/g/z; L 966 L/gig 0 d 0 0 0 0 ED 0 0 0 800~/g/1~ ~OOD/g/~ ~ DOO~/g/g ~00~I~11~ I- OOD/g/D I- 1- 00 D/g/~ 0 o O00g/g/8 O00D/g/g O00~/g/l~ 666 l-lg/~ 1- 666 l-/g/g 666 I./g/l~ ~66 [/g/~ 966 I-/8/8 9661-/8/1~ /66 ~/8/D Z66 Z66 I-/9/'~ 966 k/9/D 966 I-/9/9 966 §661-/8/¥ I- cj66 I-/~/9 0 s~!Ul~ 6U!IlaMC] 800~/8/P ~00~/8/~ ~ ~00~/8/8 ~O0~/8/t~ ~ 00~/8/~ ~ ~ O0 ~/8/8 ~ 00~/8/~ 000~/8/~ ~ 000~/8/8 O00~/8/t~ i666 [/8t~1- 666 I-/8/8 666 I./8/~ 866 I-/8/~ 1- 8661./8/8 966 I-/8/~ Z66 I-/8/E l- Z66 ~-/8/8 Z66 966 I./9/~ 1- 966 I-/9/8 966 I./9/!' '::J66 I-/8/E I- ~661-/8/9 .o ¢-_.E (- 0 C) 0 0 0 S~,~3~' SSO.I~9 ~00~;/8/'~ ~OOB/8/~ I- ~00~/8/8 ~00~/8/1~ l t-00;~/8/8 I. 00~/8/~' O00~/8/B 000~/8/8 !~~i O00~/8/'k 6661./8/~ 1- 666 !./8/8 '"'-- 666 866 I-/8/B I. 866 I-t9/9 866 !.Ig/l~ 266 ~/9/~ 266 l-/'8/9 266 k/g/'k ~ 9661-/8/~; 1- 966 I-/9/g 966 I-/9/I;' . ~ 9661-/9/~; ........ ! ~66 0 0 D. Objective Achievement Analysis Over the past six years, there has been an overall land use density increase of 35% within the CHHA. Furthermore, there was an overall average increase of 67% in residential development \ occurring in the CHHA. E. Conclusion Based upon the empirical evidence presented in the Data Assessment section, the preliminary conclusion is that the County's objectives have fallen short on limiting development, especially single-family residential, within the CHHA. However, the density rating system has played and will continue to play a pivotal role in controlling development within the CHHA: FLUE, Density Rating System: Allowable Density Bonuses within the CHHA Conversion of Commercial Zoning Yes Proximity to Mixed Use Activity Center or Interchange Activity No Center Affordable Housing Yes Residential In-fill No Roadway Access No Transfer of Development Rights (internally within the CHHA, only) N/A The majority of residential development that has occurred over the past seven years has been within the Urban Coastal Fringe Subdistrict, which has a current density cap of only 4 dwelling units per acre. The numbers provided in the Data Assessment are slightly misleading. Of the 39 Planned Urban Developments (PUDs) within the CHHA, two of them, both of which are vested developments given development approval prior to the County's first adopted GMP in 1989, make up 54% of the total acreage; 64% of the single-family residential;1 and 34% of the multi-family residential development. Staff has identified the following Future Urban Land Use Designations, within the CHHA with the potential, pending on market forces, of being converted from their original zoning designation to a residential zoning designation through the rezoning process: Future Urban Land Use Designations: Mixed Use Districts: o Henderson Creek Mixed Use Subdistrict o Urban Coastal Fringe Subdistrict o Urban Residential Fringe Subdistrict Commercial District: © Mixed Use Activity Center Subdistrict Overlays and Special Features o Bayshore/Gateway Triangle Redevelopment Overlay 2.22.18 The breakdown of all the underlying commercial designated acreage for each Urban Land Uses within the CHHA are displayed in Figure 2.22-5, below: of the Future COMMERICIAL DESIGNATED ACREAGE (C1 ,C2,C3,C4, & C5) rn 223.24 - El 64.74 [] 224.84 [] 6.02 I[] Bayshore/Gateway Triangle Redevelopment ~ [] Henderson Creek Mixed Use Subdistrict ~J Mixed Use Activity Center Subdistrict !tn Urban Coastal Fringe Subdistrict lei Urban Residential Subdistrict 151.89 Figure 2.22-5 2.22.19 Based upon the Data Assessment and Objective Achievement Analysis, no changes are recommended to the GMP with regard to limiting development in CHHA. In addition, existing objectives and policies have been effective in addressing hurricane evacuation. Figure 2.22-6 AGRICULTURAL DESIGNATED ACREAGE (A, A-ACS/ST, A-ST-M IZO) ,228.78 r rq 2.01 [2500.10 - I 3.06 · 36.63 [] Henderson Creek M~x~Use'~ul:)di'strict BI Mixed Use Activity Center Subdistrict I-, Urban Coastal Fringe Subdistrict i q Urban Residential Fringe Subdistrict [] Urban Residential Subdistrict 2.22.20 2.23 Hurricane Evacuation - Limiting Public Expenditures that Subsidize Development in the Coastal High Hazard Areas (CHHA) A. Introduction and Background In an effort to dissuade development within the CHHA, Collier County has made a concerted effort over the past seven years that the Capital Improvement Element and the Future Land Use Element work together to the degree that public expenditures in the CHHA shall be limited to those public facilities needed to support new development to the extent permitted, by right, in the Future Land Use Element. In addition, public expenditures shall include the following categories: A. Maintenance of existing public facilities; B. Beach, shore and waterway access; Co Beach renourishment B. Identification of specific objective from the Future Land Use Element (FLUE) and the Capital Improvement Element Conditions Current Objective Target when Plan was Conditions Comments adopted Future Land Use Element, OBJECTIVE 5: This is a good In order to promote implementation sound planning, strategy, which protect All rezonings should remain shall be in the revised environmentally To discourage consistent with Comp. Plan. sensitive lands and unsound habitat for listed development in the County's Due to the species while Growth Due to the legal partial areas that are Management and political effectiveness of protecting private environmentally Plan (GMP) and constraints, this the Density property rights, sensitive, areas those properties objective has ensure within FEMA's that are non- Rating System, compatibility of 100-year flood been partially staff are looking land uses and vested, implemented. zone and prone undeveloped into putting further the to hurricane- implementation of induced shall be rezoned more conditions the Future Land in accordance to ~ on "affordable Use Element, the flooding, the implementing housing," which following general policies, is one of two land use policies use allowable shall be uses within in implemented upon the CHHA the adoption of the Growth Management Plan. __ 2.23. t Conditions Current Objective Target when Plan was Comments adopted Conditions Capital Improvement Element (CIE), OBJECTIVE 1.3: Effective with plan implementation public expenditures in the coastal high hazard area shall be limited Due to to those facilities Limit public Prior to the budgetary needed to support expenditures to constraints, This is a good adoption of this limiting implementation new development only support objective, the strategy, which "secondary, non- to the extent new County had no should remain permitted in the development to formal statement supportive" Future Land Use the extent in the revised Element. In 3ermitted by on limiting public public addition, public the FLUE, expenditures as expenditures Comp. Plan. expenditures shall Objective 5. a priority, within the CHHA has been a top include the priority following categories: A. Maintenance of existing public facilities; B. Beach, shore and waterway access; C. Beach renourishment. ~Z 2.23,2 Conditions Current Comments Objective Target when Plan was Conditions adopted Conservation and Coastal Conservation Element, Objective 12.2: · This is a good objective, which should The County shall remain in the revised ensure that building Comp. Plan. and development · There should be a activities are monitoring system that carried out in a will track any public manner, which Limit public works expenditures expenditures in Prior to the within the CHHA. minimizes the the CHHA to danger to life and avoid adoption of this ° This objective, property from promoting objective, Collier This objective is however, overlooks hurricanes. The County had no public expenditure for being population formal statement implemented, location -restricted public shall limit its growth and to of its stance on amenities, such as boat expenditures limit loss of life involving beach and such ramps or park, which and dune expenditures, cannot be located restoration and public/private elsewhere. Furthermore, renourishment, property, there are no alternatives road repair, publicly for meeting the public owned seawalls, access to coastal waters docking and in the Recreation and parking area. All Open Space Element. future unimproved This objective should be requests for revised. development in the coastal high hazard areas will be denied. 2.23.3 Data and Analysis Staff will base their analysis on the assumption that all past public expenditures within the Urban Future Land Use Designation, Urban Residential Subdistrict that is within the CHHA had already occurred before the last comp plan update in 1997 to service all existing residential development by right. Therefore, staff has focused on a particular residentially designated zoning, Planned Urban Development that is both within the CHHA and overlaps the following Future Urban Land Use Designations, please refer to Map 2.23-1: Urban Designation Mixed Use Districts: o Henderson Creek Mixed Use Subdistrict o Urban Coastal Fringe Subdistrict* o Urban Residential Fringe Subdistrict · Commercial District: o Mixed Use Activity Center Subdistrict · Overlays and Special Features o Bayshore/Gateway Triangle Redevelopment Overlay In order to prove that public expenditures within the CHHA are limited to those facilities needed to support new development to the extent permitted in the FLUE, staff will analyze the type of residential (PUD) development patterns that has occurred within the CHHA from 12/10/1996 to 7/29/2003. Community Development Districts One of the notable discoveries was the type of residential development activity that has occurred within the CHHA. Staff especially took note of the sharp contrast of the Marco Shores/Fiddler's Creek Community Development District (CDD) versus all of the other PUDs, which are non-CDDs. To briefly state how a CDD is defined under Section 190.005 (2), Florida Statutes, the Community Development District (CDD) is the best alternative available for delivering community development services and facilities to the area that will be served internally by the CDD. The community development services and facilities of the CDD will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The area that will be served by the district is amenable to separate special district government. By refereeing to Table 2.23-I, it's obviously clear that the Marco Shores/Fiddler's Creek CDD has done the lion share of developlnent over the past seven years. 2.23.4 Map 2.23-1 Collier County: Limiting Public Expenditures within the CHHA DAVIS B LV'D RATTLESNAKE HAMMOCK RD end -- Major Roads 0 1 ~lZ~-'- ~ Collier County - unincorporated DESCRITIO N / Bayshore/Gateway Triangle Redevelopment I Henderson Creek Mixed Use Subdistrict ~ Mixed Use Activ ity C enter Sub district ---: Urban Coastal Fringe Subdistrid Urban Residential Fringe Subdistrict Urban Residential Sub district ["-~ Planned Urban Developments 8 Miles 2.23.5 ~0~00~00~000~ © ~'~ ~ o o o o o ~ o o o ~ o o o o o o ~ oo oo ooo oooooo ~ o O000000000COOiO000 -lO i : 0 ~DDDDDD 0 ~ ~ Z Not factoring in all the variables, which might shed light as to this type of development. There are couples of initial observations to be made in regards to Table 2.23-1: · 72% of single-family residential development over the past seven years has been done by Marco Shores/Fiddler's Creek CDD · 52% of multi-family residential development over the past seven years has been done by Marco Shores/Fiddler's Creek CDD · 75% of all residential development over the past seven years has been done by Marco Shores/Fiddler's Creek CDD · The most noteworthy fact is the average gross density of all approved residential development, that being PUDs, over the past seven years was 3.5 dwelling units per acre. Matter of fact, this density is below the standard base density of all urban designated lands of 4 dwelling units per acre. D. Conclusion Collier County has in place very strict criteria and conditions outlined in the FLUE that restricts its expenditures only on facilities needed to support new development, along with including maintenance of existing public facilities, beach, shore, waterway access, and beach renourishment. The residential development pattern over the past seven years for all of the remaining residential development has mostly been located in Planned Urban Developments, this has transpired within the Urban-Agricultural/Rural I.and Use Designations. As a result of the success associated with the strict criteria and conditions in the FLUE, no changes are recommended to existing objectives and policies in the GMP. 2.24 Hurricane Evacuation - Maintenance of Clearance Times and Adequate Shelter Space A. Introduction and Background Hurricane preparedness and continued growth in the coastal areas are not only a major regional issue but a local issue as well that affects 34,080 people, based upon the Census 2000 population count, residing within the designated Coastal High Hazard Area of Collier County, FL. This has been an ongoing, major concern with the residents of this County, which will be addressed through this EAR-based process. B. Identification of Specific Objectives from the following ELements: Conservation and Coastal Management, Transportation, and Future Land Use Objective Objective 1, Future Land Use Element, Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Target Appropriately designate lands for various land use intensities and densities Conditions when Plan was adopted The Future Land Use Map (FLUM) illustrated a variety of land use designations Current Conditions FLUM illustrates a variety of land use designations Comments Through this objective's underlying policies, the FLUM assigns densities and intensities of land use based on a number of variables including the Regional Hurricane Evacuation Plan. This objective should stay in the plan 2.24. Objective I. Urban Designation, A. Urban - Mixed Use District, 2. Urban Coastal Fringe Subdistrict, Future Land Use Element. The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban designated Area. In order to facilitate hurricane evacuation residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore/GatewayI Triangle Redevelopment Overlay. Tar,qet Limit future platting/density Conditions when in the Coastal High Hazard Area (Tropical Storm and Category 1 flood zones) The Coastal High Hazard Area (CHHA) contained platted property. Current Conditions The CHHA continues to contain platted property. However, all olats subsequent to the effective date of this objective have been limited to only 4- units/per acre. Comments This is a good objective, which should remain in the Future Land Use Element. Contingent upon the event of a tropical storm/hurricane event that causes considerable loss in life and property, the County should reevaluate the Densib, Rating system in light of the Bert J. Harris Act, 2.24.2 Conditions when Objective. Tarqet Plan was adopted Current Conditions Comments 'This is a good objective that should A. Future System remain in the revised Needs, The Capital All projects within the Comprehensive Plan. Transportation Improvements Plan Capital Improvements There should be did not always track Plan must state ~mplementing policies Element, select Priority-based the Comprehensive whether they are that include hurricane projects to be capital Plan and there Comprehensive Plan evacuation and priority funded under the improvements were no clear priorities and, so, Capital planning among the priority Improvement Plan priority in the which specific criteria, especially on criteria so that Comp. Plan prior to objectives and within the designated priorities are 1995 policies. ; urban areas (Urban funded, i Coastal District) south of U.So 41. This is a good Hurricane evacuation objective, which Prior to the is a priority for capital should remain in the Objective 10, Develop a adoption of this improvement revised Comp. Plan. objective, the programming, Transportation program to County had no particularly roadways The County should Element, The maintain good formal program that that have been also address the County shall hurricane examined the issue identified in the maintenance and encourage safe evacuation of improving SFHES that are operational needs of and efficient routes from hurricane susceptible to LOS the urban roadway mobility for the urban to rural evacuation failure during a system as part of the rural public, areas corridors/roadways hurricane evacuation overall urban/rural in the rural areas. event, hurricane evacuation corridor system. Objective 7, ~ Transportation Element: The County shall Preserve the develop and adopt ability of the Access No changes- This is a good standards for safe County's main preservation of management has objective, which and efficient roads to move capacity of main been in effect since should remain in the ingress and egress high volumes of roadways is still a top 1989. revised Comp. Plan. to adjoining traffic priority for the County properties, as well "smoothly." as encourage safe ~ and convenient on- I site traffic circulation. __ 2.24.3 Objective Objective 5: Transportation Element. The County will coordinate the Transportation System development process with the Future Land Use Objective 12.2, Conservation & Coastal Management Element: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Target To ensure that the transportation development system is in proper coordination with the Future Land Use Map (FLUM) Limit public expenditures in the CHHA to avoid promoting population growth and to limit loss of life and public/private property Conditions when Plan was adopted The County's Transportation Development System has been in coordination with the FLUM, since 1989. Prior to the adoption of this objective, Collier County had no formal statement of its stance on such expenditures. Current Conditions No changes Comments This is a good objective, which should remain in the revised Comp. Plan. This objective is being implemented This is a good objective, which should remain in the revised Comp. Plan. There should be a monitoring system that will track any public works expenditures within the CHHA This objective, however, overlooks public expenditure for location -restricted amenities, such as boat ramps or park, which cannot be located elsewhere. Furthermore, there are no alternatives for meeting the public access to coastal waters in the Recreation and Open Space Element. This objective should be revised. 2.244 Obiective. Objective 12.1, Conservation & Coastal Management Element: Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Objective 12.1, Conservation & Coastal Management Element: Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Tar.qet Conditions when Plan was adopted Current Conditions Maintain and improve evacuation times of evacuees for a Category 3 hurricane Provide adequate shelter space for all evacuees When the Plan was adopted in 1997, evacuation times were assumed to steadily increase Because of new school construction, shelter space has increased from 22,400 to 29,610 in Collier County. This is still a deficit of 15,500 spaces from the amount required by 1994 Projected Hurricane evacuation times have decreased from 28.4 hours.in 1989 to 27.8 hours in 1995 to 27.2 hours in 1999 to 20.2 in 2001, respectively As of November 24, 2003, the situation has greatly improved with the addition of 12,270 spaces consisting of both primary and secondary shelter space for a Category 1 hurricane. Comments This is a good objective, which should remain in the revised Comp. Plan. However, the old projected evacuation times should be updated in the Comp. Plan to reflect the SFRHES 2001 model's results. It should be realized however, that the successes enjoyed in the immediate past may be difficult to repeat as the benefit of additional roads and lanes will eventually not be able to overcome the number of evacuees, which would be generated if the County were not to enforce the current intensity/density regulations within the CHHA. This is a concise, measurable objective, which should remain in the EAR-updated Comprehensive Plan. Unfortunately, SFRHES, 2001 model for this County points to a deficit of shelter spaces for a Category . hurricane 2 or greater. This points to a need for more available evacuation shelters (civic buildings, schools, hotels/motels l etc.) within close 'proximity to the popu at OhS they serve_ :2.24,5 .Objective Objective 1.2, Intergovernmental Coordina t/on Element. Coordinate Collier County's land use planning strategy, including an assessment of proposed development, with that of other government and private entities. Target Assurance that adjacent governments aren't approving development to the detriment of their neighbors Conditions when _Plan was adopted A major land use planning agreement was adopted by Lee and Collier County in 1992 to address LOS and land use planning issue along the Lee/Collier County boundaries Current Conditions This is being implemented as Collier County continues to seek Comments This is a good objective, which should remain in th6 revised Comp. Plan. input from Lee County regarding facility planning. However, the County should look into whether there should be an interlocal I agreement for "all" /adjacent governments /(Everglades City, City eof Marco Island, and the City of Naples) in regards to the approval process for large-scale developments, within the CHHA, that will ~mpose negative impacts on the LOS of roadways/hurricane evacuation corridors in Collier County. 2246 Data Assessment and Trends 1. 100, 500-year Floodplains Collier County possesses many low-lying m'eas that are subject to periodic freshwater flooding. Such flooding can accompany tropical storms or a hurricane but it can also be [he result of sustained heavy rainfall that causes surface sediments to become saturated. Like much of Southwest Florida, Collier County contains numerous riveffcreeks and wetlands. These natural drainage systems can overflow into their adjacent floodplains creating a sheet flow type flooding, which occasionally causes property, structural and/or agricultural damage and sometimes loss of life~ Flooding conditions can sometimes be caused or exacerbated by culverts, bridges, ditches and canals that were improperly constructed on natural floodplains. Figure 2.24-1, listed below shows, the 100-year and 500-year floodplains in Collier County. Map 2.24-1 Collier County 100 & 500 Year Flood Zones Legend 1996 FE~'clA Flood Data DESCRiPT =E" L_C,,2 . I'E2'~ ,:i,i_: F~_-iDE SF'E,:i,', FL,:::,:::Et ?I",.;E.:F-C~ :~ .--F- [,:7:,,:: ,¥E:~ h : :,; 2.24.'7 2. Recent Storm History Hurricane Donna in 1960 and Hurricane Andrew in 1992 were the last major hurricanes to affect Collier County. The 1995 Hurricane Update has a HulTicane Andrew Fact Sheet that was created by the Collier County Office of Emergency Management. Hurricane Georges in 1998 was the last major storm to threaten Collier County and below is the Collier County Office of Emergency Management Fact Sheet created for that storm threat: A. Collier County Activation Levels Level Date / Time Level 2 23 Sept. / 5:00 Level 3 23 Sept./2:30 p.m. Level 2 25 Sept. / 11:00 p.m. Level 1 26 Sept. / 2:00 p.m. B. State of Local Emergency Declared: 23 Sept. 4:45 p.m. Co Voluntary Evacuation Issued: 24 Sept. 7:30 a.m. D. Mandatory Evacuation Issued: 24 Sept. 2:30 p.m. E~ Mandatory Evacuation Areas Included the following: · All mobile homes/RV Parks · All areas of Collier County south of U.S. 41 East (Tamiami Trail) extending from SR 29, including all areas with the City of Naples, south of 5th Avenue South. F. Estimated population within all of the evacuation zones (approximately): 43,000 G. Estimated population who evacuated from the evacuation zones (approximately): 25,000 H. Shelters opened Special Needs (PSN) Barton Collier High School - opened September 24, at 2 p.m. and closed September 26th al t2 p.m lmmokalee Health Department - opened September 24, at 2 p.m. and closed September 26, at 12 p,m T~)tal PSN population: 261 at Ban'on Collier High School and 20 al hnmokalee Health Departmen! 2.24.~ General Shelter - opened September 24, at 6 p.m. and closed September 26 at 8 p.m. Barron Collier High School: 709 Golden Gate Middle School: 468 Oakridge Middle School: 136 Gulf Coast High School: 475 lmmokalee High School: 886 Immokalee Middle School: 210 Homeless Shelters Friendship House, Immokalee Maverick House, Golden Gate City First Assembly~ East Naples St. Matthew's House, East Naples I. Total number of people sheltered: Special Needs: 218 General: 2,884 Homeless: 250 Total 3,415 J. Estimated time to evacuate: 14 hours K. Nursing homes/Assisted Care Living Facilities (ACLF), evacuated: 2 hours ALF Senior Island Estates, ACLF Goodlette Arms, ACLF I. Hospital Evacuated: None J. Estimated time between evacuation order and tropical storm force winds: 19 hours K. Closest point of approach to Collier County: 95 miles SSW of Marco Island, FL L. Estimated lowest barometric pressure: 29.70 inches. M. Estimated highest wind speeds: Marco lsiand, 55 mph, gusts to 95 mph N. Total rainfall: 1-3 inches O Storm surge: none 24.9 P.. State of Local Emergency deactivated: September 26th at 2 p.m. No damage figures for Hurricane Georges were reported. Past hurricane damage from other hurricanes are as follows: Total estimated cost public and private from Hurricane Andrew and Collier County was $35,000,000. A total of 5,200 properties were affected mostly in the southern half of the county as was expected based on the highest wind speeds as indicated in the fact sheet. When Hurricane Donna hit Collier County in 1960, the County's population was 15,753 (1960 Census) concentrated primarily in Naples, Immokalee and Everglades City. Except for the Immokalee area, the greater part of the County's inhabited area were inundated by floodwater. Damage in Everglades City was so great that plans to relocate the County seat were finalized, and it was completed in the following year. Hurricane Alberto was a near miss for the County. This storm formed off the Southwest Florida coast in 1982 but decreased in intensity to such a degree that it was a tropical depression when it made landfall. However, its actions mimicked those proposed by the SLOSH model to the extent that high waters again inundated the Southwest Collier shoreline, submerging Everglades City below approximately three feet of seawater for several hours. There was, however, no surge force resulting in significant damage to property. Hurricane Floyd provided the area a scare on October 16 198T However, it veered due east before the County received nay impacts beyond gale force wind guest and somewhat higher tides. A voluntary evacuation order put approximately 600 people in public shelters and an unknown number in area hotels, homes and out of region locations. 3. Status and Trends of Hurricane Evacuation Times Collier County participated in the updating of the Southwest Florida Re._.ionai Hurricane Evacuation Study 2001 (SFRHES) model prepared by the Southwest Regional Planning Council, which assessed Collier County's vulnerability to tropical storms and hurricanes using the Sea, Lake, Overland Surges fi'om Hurricanes (SLOSH) model, The SLOSH model used thirty-three points in the Collier County for time history analysis. These points represeut the greatest height of storm water flooding lot' each category storm. Collier County's hurricane vulnerability zones are shown below in Map 2.24-2, Storm Surge of Land Falling Storms One of the primary assumptions of the SFRHES model is the percent evacuating. For example prio~ to a hurricane evacuation being recommended or ordered, it may be known, based on traffic movements, that 10% of the vulnerable population has evacuated early and that, based on behavioral science, 10% may not evacuate Therefore, there is an assumption that 80cJ of the population will evacuate and is used accordingly in the SFRHES model The primau; :_ts~,umptions and multipliers including occupancy rates discussed in thc SFRHES mt)de[ can be changed particularly ~J' ney, data becomes 2 24 10 available to support different assumptions or multipliers to fit the specific hurricane scenario threatening Collier County. The SFRHES model uses these multipliers and assumptions for its Collier County Landfalling Storm model: Persons per household* 2.31 Vehicles per household* 1.7 Percent evacuating 100% _ Percent going to friends or relatives 13% Percent leaving the region/County 34% Persons per vehicles** 1.35 _ Percent going to public shelters 12% _ Note: '.~ These numbers have been updated by staff with the recent publication of the 2000 Census along with using analytical software, PCensus USA, which can customize the geographic area of interest. ** This multiplier was recalculated within the SFRHES 2001 model, due to more recent data provided by the 2000 Census. 2.24.1 ! Map 2.24-2 Storm Surge of Land Falling Storms CE 846 Ikq~40 KALEE RD E E E~',qS "3LVD 858 0 4.5 9 Legend ~ Tropical Storm, Landfalling ~ Hurricane 1, Landfalling Hurricane 2, Landfalling ~ Hurricane 3, Landfalling Hurricane 4--5, Landfalling Collier Count'y, FL 18 27 36Miles 2.2~. ! 2 4. Affected Populations Each hurricane flood zone depicted in Map 2.24-2 encompasses large segments of the County. Each one has a certain degree of vulnerability to the threat of hurricane induced flooding. Therefore, staff has broken down the demographic and socio-economic profiles for each hurricane flood zone based upon the 2000 Census SF1, variables: population, youth/seniors, housing, 1990-2000 Population and 1990-2000 Housing Trend. Please refer to Tables 2.24-1 through 2.24-29 Table 2.24-1 ' Population Summary Hurricane Flood Zone: Tropical Storm Total Population 34,080 % base Population/square mile 206,3 Land area (square miles) 165.2 Population by Sex 34,08C' % base Male 16,815 49% Female 17,266 51% Population By Age 34,080 % base Under 5 years 1,162 3.40% 5 to 9 years 1,135 3.30% 10 to 14 years 1,125 3.30% 15 to 19 years 1,119 3.30% 20 to 24 years 1,066 3.10% 25 to 34 years 2,656 7.80% 35 to 44 years 3,140 9.20% 45 to 54 years 3,797 11.10% 55 to 59 years 2,753 8.10% 60 to 64 years 3,133 9.20% 65 to 74 years 7,262 21.30% 75 to 84 years 4,641 13.60% 85 years and over 1,093 3.20% Mean age 52.5 Median Age 58.3 Population by Household Type 34,080 % base Persons living in households 34,363 101% In family households 26,931 79% In non-family households 6,787 20% Persons in group quarters 362 1% Institutionalized persons 139! 0% Others 223! 1% 2,24.13 Table 2.24-2 PerSons, Households Hurricane Flood Zone: Tropical Storm Persons in Households 34,363 % base In family households 26,931 78% Householder 10,783 31% Spouse 9,599 28% Child 4,614 13% Grandchild 252 1% Brother or sister 345 1% Parent 198 1% Other relatives 466 1% Nonrelatives 675 2% In nonfamily households 6,787 20% Householder living alone 4,820 14% Householder not living alone 877 3% Nonrelatives 1,090 3% Persons per household 2.05 Persons per family 2.4 Children per family 0.4; Households 16,736 % base Family households 10,930 65% Married couple families 9,704 58%, With related children 1,403 8% No related children 8,301 50% Single parent households 624 4% Male householder 203 1% Female householder 421 3% Other family households 602 4% Male householder 261 2% Female householder 341 2% Nonfamily households 5,806 35 o,/~' 1 person living alone 4,905 29% Male householder 1,944 12% Female householder 2,962 18% 2 or more persons 901 5% Male householder 574 3% Female householder 327 2% 2.2414 Table 2.24-3 Youths, Seniors Hurricane Flood Zone: Tropical Storm Persons Under 18 Years 4,124 % base In households 4,038 98% Householder or spouse 7 0% Child 3,587 87% Under 6 years 1,196 29% 6 to 11 years 1,223 30% 12 to 17 years 1,168 28% In married couple family 2,561 62% In single parent family 1,026 25% Other relative 329 8% Non relative 115 3% In group quarters 86 2% Total Households 16,736 % base Households with 1 or more persons under 18 years 2,251 13% Family households 2,216 13% Nonfamily households 35 0% Persons 65 and Over 12,996 % base In family households 9,886 76% Householder or spouse 9,601 74% Other relative 258 2% Nonrelative 27 0% In nonfamily households 2,996 23% Householder living alone 2,651 20% Householder, not alone 192 1% Non relatives 153 1% In group quarters 113 1% Total Households 16,736 % base Households with 1 or more persons 60 and over 10,356 62% 1 person living alone 3,122 19% Family household 6,926 41% Nonfamily, 2+ persons 307 2% Households with 1 or more persons 65 and over 8,631 52% 1 person living alone 2,698 16% Family household 5,704 34% Nonfamily, 2+ persons I 229 1% I Households with I or more persons 75 and over 4,231 25% 1 person living alone 1,589 9% Family household i 2,54Ci 15% Nonfamily, 2+ persons 1 1021 1% 2.24.15 Table 2.24-4 Housing Hurricane Flood Zone: Tropical Storm Total Housing Units 30,447 % base Occupied 16,736 55% Owner occupied 13,155 43% Renter occupied 3,581 12%I Vacant 13,711 45% For rent 619 2% For sale only 393 1% Rented or sold, not occupied 209 1% For seasonal, recreational or occasional use 12,313 40% For migrant workers 23 0%' Other vacant 154'____ 1% Table 2.24-5 1990-2000 popUlation Total Population: 1990 Census 2000 Census Change in population (persons) Percentage change in population Under 18 years 1990 Census 2000 Census Change in Under 18 years % Change in Under 18 years 65 years and over' 1990 Census 2000 Census Change in 65 years and over % Change in 65 years and over Hurricane FIOOd,Zone:TropicalStormI 25,609/ 34,080! 8,471 24.90% 3,279 4,124 844 20.50% 8,727 12,996 4,268 32.80% 2.2-I-.16 Table 2.24-6 1990-2000 Housing Trend Total Households: 1990 Census 2000 Census Change in Households % Change in Households Total Housing Units: 1990 Census 2000 Census Change in Housing Units % Change in Housing Units Housing Occupancy and Tenure: Occupied Units Owner Occupied 1990 Census 2000 Census Change in Owner Occupied Units % Change in Owner Occupied Units Renter occupied 1990 Census 2000 Census Change in Renter Occupied Units % Change in Renter occupied Units Vacant Units 1990 Census 2000 Census Change in Vacant Units % Change in Vacant Units Personsin Households t990 Census 2000 Census Changein Personsin Households % Changein Personsin Households iSingle Parent Households 1990 Census 2000 Census Change in Single Parent Households % Change in Single Parent Households One-Person Households 1990 Census 2000 Census Change in One-Person Households % Change in One-Person Households Hurricane Flood Zone: Tropical Storm 12,245 16,736 4,491 26.80% 23,597 30,447 6,850 22.50% 8,885 13,155 4,270 32.50% 3,360 3,581 221 6.20% 11,351 13,711 2,360 17.20% 25,204 34,363 9,159 26.70% 529 624 95 15.30% 3,31 4,905 1 593I 32 ~0%, 2.24.17 )ulation Summary Total Population Population/square mile Land area (square miles) Population by Sex Male Female Population By Age Under 5 years 5 to 9 years 0 to 14 years 5 to 19 years to 24 years to 34 years 35 to 44 years 45 to 54 years 55 to 59 years 60 to 64 years 65 to 74 years 75 to 84 years 85 years and over Mean age Table 2.24-7 HurriCane Catego~ 21,804 405. 53.~ 21,804 10,842 10,963 21,804 715 766 771 73: 71 1,754 2,398 2,659 1,760 2,012 4,356 2,556 610 51.13 Median Age 56.1 Population by Household Type Persons living in households In family households In nonfamily househo ds Persons in group quarters Institutionalized persons Others 21,804' 21,807 17,449! 4,27Z I % bas, % base 5O% 50~ % bas~ 3.30% 3.50°/, 3.50°/~ 3.40°/ 3.30' 8.00% 11.00% 12.20% 8.10% 9.20% 20.00% 11.70% 2.80°/, % base 100% 80%I 2o%r O% O% o% ~.24.18 'able 2.24-8 Persons, Households Hurricane Category 1 Persons in Households 21,807 % base In family households 17,449 80% Householder 6,954 32% Spouse 6,215 28% Child 3,174 15% Grandchild 160 1% Brother or sister 173 1% Parent 140 1% Other relatives 263 1% Nonrelatives 372 2% In nonfamily households 4,273 20% Householder living alone 2,818 13% Householder not living alone 654 3% Nonrelatives 801 4% Persons per household 2.08 Persons per family 2.44 Children per family 0.45 Households 10,483 % base Family households 6,988 67% Married couple families 6,246 60% With related children 1,041 10% No related children 5,206 50% Single parent households 367 4% Male householder 112 1% Female householder 256 2% Other family households 375 4% Male householder 158 2°/~ Female householder 217 2°/~ Nonfamily households 3,495 33% 1 person living alone 2,839 27% Male householder 1,219 12%~ Female householder 1,621 15% 2 or more persons 655 6% Male householder 416' 4% Female householder 240 2% 2.24.19 Table 2.24-9 Youths, Seniors Hurricane Category 1 Persons Under 18 Years 2,715 % bas~ In households 2,703 100°/, Householder or spouse 7 0o/ Child 2,454 90% Under 6 years 782 29% 6 to 11 years 844 31% 12 to 17 years 828 31% In married couple family 1,881 69°/ In single parent family 573 21% Other relative 179 7% Nonrelative 63 2% In group quarters 12 0o/¢ Total Households 10,483 % base Households with 1 or more persons under 18 years 1,541 15% Family households 1,520 15% Nonfamily households 21 0% Persons 65 and Over 7,521 % base In family households 5,815 77%! Householder or spouse 5,591 74% Other relative 208 3% Nonrelative 17 0% In nonfamily households 1,656 22% Householder living alone 1,452 19% Householder, not alone 113 2% Nonrelatives 91 1% In group quarters 50 1% Total Households 10,483 % base Households with 1 or more persons 60 and over 6,080 58% 1 person living alone 1,676 16% Family household 4,212 40% Nonfamily, 2+ persons 192 2% Households with 1 or more persons 65 and over 4,977 47% 1 person living alone 1 464' 14% Family household ! 31380 32% Nonfamily, 2+ persons 133 1% Households with 1 or more persons 75 and over 2,360/ 23% 1 person living alone 862/ Family household 1,445/ 148~ Nonfamily. 2+ persons [ 54/ 1% 2.24.20 Table 2.24-10 Housing Hurricane Categor'/1 Total Housing Units 17,202 % base Occupied 10,483 61% Owner occupied 8,248 48% Renter occupied 2,236 13% Vacant 6,718 39% For rent 329 2% For sale only 182 1% Rented or sold, not occupied 126 1 For seasonal, recreational or occasional use 6,013 35% For migrant workers 6 0% Other vacant 631 0% Table 2.24-11 990,2000 Population ;,' , Hurricane Category 1 . Total Population: 1990 Census 2000 Census Change in population (persons) Percentage change in population Under 18 years 1990 Census 2000 Census Change in Under 18 years % Change in Under' 18 years 65 years and over 1990 Census 2000 Census Change in 65 years and over % Change in 65 years and over 15,547 21,804 6,257 28.70% 1,879 2,715 836 30.80% 5,077 7,521 32~ ~4O~o 2.24.2i Table 2.24-12 1990-2000 Housin~l Trend Households: 1990 Census 2000 Census Change in Households % Change in Households Total Housing Units: 1990 Census 2000 Census Change in Housing Units % Change in Housing Units Hurricane Cate~lory I 7,218 10,482 3,266 31.205 12,612 17,202 4,590 26.70% Housing Occupancy and Tenure: Occupied Units Owner Occupied 1990 Census 2000 Census Change in Owner Occupied Units % Change in Owner Occupied Units Renter occupied 1990 Census 2000 Census Change in Renter Occupied Units % Change in Renter occupied Units Vacant Units 1990 Census 2000 Census Change in Vacant Units % Change in Vacant Units Personsin Households 1990 Census 2000 Census Change in Persons in Households % Change in Persons in Households Single Parent Households 1990 Census 2000 Census Change in Single Parent Households % Change in Single Parent Households One-Person Households 1990 Census 2000 Census Change in One-Person Households '% Change in One-Person Households 5,357 8,248 2,891 35.00% 1,861 2,236 37~ 16.80% 5,395 6,71 1,32. 19.70% I5,272 21,807 6,535 30.00% 24C 367 127 34.70% 1,791 2,839 1,049 36.90% 224.22 Table 2.24-13 Population Summary Hurricane Category 2 Total Population 55,696 % base Population/square mile 404 Land area (square miles) 137.9 Population by Sex 55,696 % base Male 27,406 49% Female 28,290 51% Population By Age 55,696 % base Under 5 years 2,364 4.20% 5 to 9 years 2,465 4.40% 10 to 14 years 2,280 4.10% 15 to 19 years 2,426 4.40% 20 to 24 years 2,446 4.40% _~5 to 34 years 5,641 10.10% 35 to 44 years 6,300' 11.30% 45 to 54 years 5,955 10.70% 55 to 59 years 3,488 6.30% 60 to 64 years 4,143i 7.40% 65 to 74 years 9,621 17.30% 75 to 84 years 6,692 12.00% 85 years and over 1,874 3.40% Mean age 48.39i Median Age 51.8! Population by Household Type 55,696 % base Persons living in households 53,886 97% In family households i 43,383 78% In nonfamily households:: 10,649 19% Persons in group quarters 1,665 3% Institutionalized persons 1,225 2% Other~ ...... 44~01 1~~ 2.24.23 Tabk 2.24-14 Persons, Households I Hurricane Category 2 'Persons in Households 53,886 % base In family households 43,383 81 Householder 16,088 30% Spouse 13,616 25% Child 9,516 18% Grandchild 528 1% Brother or sister 732 1% Parent 431 1% Other relatives 1,074 2% Non relatives 1,395 In nonfamily households 10,649 20% Householder living alone 7,093 13% Householder not living alone 1,523 3% Nonrelatives 2,033 4% Persons per household 2.18 Persons per family 2.61 Children per family 0.59 Households 24,690 % base Family households 16,089 65% Married couple families 13,644 55% With related children 2,773 11% No related children 10,872 44% Single parent households 1,263 5% Male householder 354 1% Female householder 909 4%I Other family households t, 182 5%1 Male householder .459 2%' Female householder i 723 3% ~Nonfamily households 8,600 35% 1 person living alone 7,091 29% Male householder 2,525 10% Female householder 4,567 18%1 2 or more persons 1,509l' 6o/: Male householder 931t 4% Female householderI' 578 2% 2.24.24 Table 2.24-14 Youths, Seniors Hurricane Category 2 Persons Under 18 Years 8,569 % base in households 8,477 99°/~ Householder or spouse 14 0% Child 7,428 $7% Under 6 years 2,459 29% 6 to 11 years 2,595, 30% 12 to 17 years 2,3751 28% In married couple family 5,305 62% In single parent family 2,123 25% Other relative 764 9% Nonrelative 271 3% In group quarters 92 1% Total Households 24,690 % base Households with 1 or more persons under 18 years 4,502 18% Family households 4,418 18% Nonfamily households 84 0% Persons 65 and Over 18,187 % base In family households 13,128 72%1 Householder or spouse 12,577I, 69%: Other relative 494~ 3%' Nonrelative 58 O°/c In nonfamily households 4,400 24% Householder living alone 3,870 21% Householder, not alone 291 2% Nonrelatives 239 1% In group quarters 658 4% Total Households 24,690 % base! Households with 1 or more persons 60 and over 14,121 57% 1 person living alone 4,509 18%I Family household 9,159 37% Nonfamily, 2+ persons 453 2% Households with 1 or more persons 65 and over 11,844 48%I 1 person livin9 alone 3,879i 16%I Family household 7,616I, 3t %1 N o nfamily, 2+ persons 349i~1 1% Households with 1 or more persons 75 and over 6,015] 24%! 1 person living alone 2,3471 10% Family household 3,509 14% Nonfamily, 2+ persons 15~91 1% 2.24.25 Table 2.24-15 Housing Hurricane Category 2 Total Housing Units 34,171 % base Occupied 24,690 72% Owner occupied 18,873' 55% Renter occupied 5,817 17% Vacant 9,481 28% For rent 734 2% For sale only 495 1% Rented or sold, not occupied 240 1%: For seasonal, recreational or occasional use 7,607 22% For migrant workers 8 0% __Other vacant Table 2.24-16 1990-2000 Population !Total Population: 1990 Census 2000 Census Change in population (persons) Percentage change in population Upder 18 years 1990 Census 2000 Census Change in Under 18 years % Change in Under 18 years 65 years and over 1990 Census 2000 Census Changein 65 years and over %Change in 65 years and over Hurricane Category.2. 35,428 55,696 20,268 36.40~ 5,283 8,569 3,287; 38.40~ 10,702 18,187 7,484 41.20% 2.24.2(! Table 2.24-17 1990-2000 Housing Trend Total Households: 1990 Census 2000 Census Change in Households % Change in Households Total Housing Units: 1990 Census 2000 Census Change in Housing Units % Change in Housing Units Housing Occupancy and Tenure: Occupied Units Owner Occupied 1990 Census 2000 Census Change in Owner Occupied Units % Change in Owner Occupied Units Renter occupied 1990 Census 2000 Census Change in Renter Occupied Units % Change in Renter occupied Units Vacant Units 1990 Census 2000 Census Change in Vacant Units % Change in Vacant Units Personsin Households 1990 Census 2000 Census Changein Personsin Households % Changein Personsin Households Single Parent Households 1990 Census 2000 Census Change in Single Parent Households % Change in Single Parent Households One-Person Households 1990 Census 2000 Census Change in One-Person Households % Chanqe in One-Person Households Hurricane Category 2 2.24.27 15,322 24,690 9,368 37.90% 22,799: 34,1711 11,372 33.30% 11,081 18,873 7,792, 41.30% 4,242 5,817 1,575 27.10% 7,477 9,481 2,004 21.10% 33,877 53,886 20,009 37.10% 732[ 1,263I 5311 42.10%t 3,964 7,091 42i102°./7o 2.24-18 Population Summary Population Population/square mile Land area (square miles) Population by Sex Male Female Population By Age Under 5 years 5 to 9 years !10 to 14 years 15 to 19 years to 24 years 25 to 34 years 35 to 44 years 45 to 54 years 55 to 59 years 60 to 64 years 65 to 74 years 75 to 84 years 85 years and over Mean age Median Age Population by Household Persons living in households In family households In nonfamily households Persons in group quarters Institutionalized persons Others Hurricane Categor,, 78,990 319.2 247.5 78,990 38,691 40,299 78,990 4,316 4,800 4,604 4,155 3,571 9,651 11,503 9,743 4,635 4,675 0,020I 5,772 1,545 42.32 42.2 78,990 77,406J 64,793 13,151 1,~ 385 3 baset % %base 49% 51% % base 5.50% 6.10% 5.80% 5.30% 4.50% 12.20°/, 14.60°/, 12.305~ 5.909 5.90%1 12.70% 7.30% 2.00% %base 98% 82% 17% 1% 1% 0% 2.24.28 Table 2.24-19 Persons, Households Hurricane Category 3 =ersons in Households 77,406 % base In family households 64,793 84% Householder 22,304 29% Spouse 18,506 24% Child 18,133 23%1 Grandchild 794 1% Brother or sister 917 1% Parent 697 1% Other relatives 1,444 2% Nonrelatives 1,997 3% In nonfamily households 13,151 17% Householder living alone 8,035 10% Householder not living alone 2,195 3% N on relatives 2,921 4% Persons per household 2.4 Persons per family 2.83 IChildren per family 0.82 I I 'Households 32,280 % base Family households 22,154 69% Married couple families 18,376 57% With related children 6,070 19% No related children 12,306 38% Single parent households 2,178 7% Male householder 609 2%I Female householder '1,569 5%I Other family households 1,601 5%I Male householder 612 2%I Female householder 989 3% Nonfamily households 10,126 31%1 1 person living alone 7,944 25%] Male householder 3,0111 9%I Female householder 4,9331 15% 2 or more persons 2,183i 7% Male householder i 1,327 4% Female householder I 855 3% 2.2'4.29 Table 2.24-20 Youths, Seniors I Hurricane Category 3 Persons Under 18 Years 16,393 % bas6 I In households / 16,318 100°/ Householder or spouse/ 23 0% Child 14,872 91% Under 6 years 4,638 28% 6 to 11 years 5,411 33% 12 to 17 years 4,823 29% In married couple family 11,375 69°/ In single parent family 3,497 21% Other relative 1,032 6% Nonrelafive 390 2% In group quarters 75 0% Total Households 32,280 % base Households with 1 or' more persons under 18 years 8,961 28% Family households 8,818 27% Nonfamily households 143 0%' Persons 65 and Over 17,337 % base In family households 12,602 73°/ Householder or spouse 11,807 68% Other relative 747 4% Nonrelative 48 0% In nonfamily households 4,107 24°/ Householder living alone 3,569 21% Householder, not alone 292 2% Non relatives t 245 1% In group quarters 62~ 4% Total Households 32,280 % base Households with 1 or more persons 60 and over 13,957 43% 1 person living alone 4,153 13% Family household 9,332 Nonfamily, 2+ persons 472 I Households with 1 or more persons 65 and over i 11,340! 35% 1 person living alone 3,510i 11% Family household 7,475l Nonfamily, 2+ persons 356 Households with 1 or more persons 75 and over 5.155/ 16% 1 person living alone 11897/ 6%i' Family household 3,128/ 10% Nonfamily, 2+ persons __ 1301 2.24.30 Table 2.24-21 Housing Hurricane Categor ! 3 Total Housing Units 40,997 % base Occupied 32,280 79% Owner occupied 23,600 58% Renter occupied 8,680 21% Vacant 8,717 21% For rent 802 2% For sale only 558 1% Rented or sold, not occupied 335 1%~ For seasonal, recreational or occasional use 6,704 16% For migrant workers 2 0% Other vacant 315 1% Table 2.24-22 1990'2000 Population Total Population: 1990 Census 2000 Census Change in population (persons) Percentage change in population Under18 years 1990 Census 2000 Census Change in Under 18 years % Change in Under 18 years 65 years and over 1990 Census 2000 Census Change in 65 years and over O/to Change in 65 years and over , HUrricane CategOry 3 , 46,152 78,990 32,838 41.60% 10,028 16,393 6,365 38.80% 8,585 17,337 8,751 50.50%, 2.24.31 1990-2000 Housin9 Trend Total Households: 1990 Census 2000 Census Change in Households % Change in Households Total Housing Units: 1990 Census 2000 Census Change in Housing Units % Change in Housing Units Table 2.24-23 Hurricane Category 3 18,280 32,286 14,000 43.40°/` 24,611 40,997 16,387 40.00°/, Housing Occupancy and Tenure: Occupied Units Owner Occupied 1990 Census 2000 Census Change in Owner Occupied Units % Change in Owner Occupied Units Renteroccupied 1990 Census 2000 Census Change in Renter Occupied Units % Change in Renter occupied Units Vacant Units 1990 Census 2000 Census Change in Vacant Units % Change in Vacant Units Persons in Households 1990 Census 2000 Census Change in Persons in Households % Change in Persons in Households Single Parent Households 1990 Census 2000 Census Change in Single Parent Households % Change in Single Parent Households One-Person Households 1990 Census 2000 Census Change in One-Person Households % Change in One-Person Households 12,63,3 23,600 10,967 46.50% 5,647 8,686 3,033 34.90% 6,331 8,717 2,386 27.40% 45,371 77,406 32,035 41.40% 1,186 2,t78 992 45.50%, 3,785 7,944 4.1591 52.40%' 2.24.32 Table 2.24-24 pOpulation Summary Total Population Population/square mile Land area (square miles) Population by Sex Male Female Population By Age Under 5 years 5 to 9 years 10 to 14 years 15 to 19 years 20 to 24 years 25 to 34 years 35 to 44 years 45 to 54 years 55 to 59 years 60 to 64 years 65 to 74 years 75 to 84 years 85 years and over Mean age Median Age Population by Household Type Persons living in households In family households In nonfamily households Persons in group quarters Institutionalized persons Others Hurricane Category 4-5 35,676 192.6 185.3 35,676 18,013 17,663 35,676 2,300 2,725 2,739 2,240 1,415 4,132 6,422 4,962 2,092 1,908 3,255 1,268 217 37.71 38.5 35,676[ 35,302 32,164 3,341 62 109 %base % base 50% 5O% %base 6.40% 7.60% 7.70% 6.30% 4.OO% 11.60% 18.00% 13.90% 5.90% 5.30% 9.10% 3.60% 0,60% %base 99% 90% 9°/ O% O% ~'.24.33 Persons, Households Persons in Households n family households Householder Spouse Child Grandchild Brother or sister Parent Other relatives Nonrelatives nonfamily households Householder living alone Householder not living alone Nonrelatives Persons per household Persons per family Children per family Households Family households Married couple families With related children No related children Single parent households Male householder Female householder Other family households Male householder Female householder y households 1 person living alone Male householder Female householder 2 or more persons Male householder Female householder Table 2.24-25 Hurricane Category 4-5 35,302 32,164 10,249 8,867 10,343 531 284 386 674 83O 3,341 1,788 675 878 2.81 3.08 1.02 12,561 10,173 8,794 3,684 5,111 856 277 579/ 523/ 221 301 2,388 1,717I 8O7 910 6711 444I 226 % bas~ 91% 29% 25% 29% %bas6 2% 1% 1% 2% 2% 9% 81% 7O% 29% 41%1 7% 2% 5% 4%' 2% 2~ 19% 14% 6% 7% 5% 4% 2%~ 2.24.34 Table 2.24-26 Youths, Seniors Hurricane Category 4-5 Persons Under 18 Years 9,299 % base In households 9,275 100% Householder or spouse 4 0% Child 8,467 91% Under 6 years 2,488 27% 6 to 11 years 3,079 33% 12 to 17 years 2,901 31% In married couple family 6,950 75% In single parent family 1,517 16% Other relative 615 7% Nonrelative 188 2% In group quarters 24 0% Total Households 12,561 % base Households with 1 or more persons under 18 years 4,914 39% Family households 4,856 39% Nonfamily households 57 0% Persons 65 and Over 4,740 % base In family households 3,966 84% Householder or spouse 3,508 74% Other relative 429 9% Nonrelative 29 1% In nonfamily households 716 15% Householder living alone 583 12% Householder, not alone 78 2% Nonrelatives 55 1% In group quarters 58 1% Total Households 12,561 % base Households with 1 or more persons 60 and over 4,135 33% 1 person living alone 706 6% Family household 3,286 26% Nonfamily, 2+ persons 144 1% Households with 1 or more persons 65 and over' 3,053 24%: 1 person living alone 531 4% Family household I 2,429 19% I 93 1% Nonfamily, 2+ persons Households with 1 or more persons 75 and over 1,085 9% 1 person living alone 228 2%, Family household 832 7%1 Nonfamily, 2+ persons __ 2~1____ 0% 2.24.S5 Table 2.24-27 Housing Total Housing Units Occupied Owner occupied Renter occupied Vacant For rent For sale only Rented or sold, not occupied For seasonal, recreational or occasional use For migrant workers Other vacant Hurricane Category 4-5 15,101 12,561 11,006 1,555 2,539 130 366 221 % bas~ 83% 73% 10% 17% 1% 2% 1% 11%i O% 1°/,:, Table 2.24-28 1990-2000 PopUlation Total Population: 1990 Census 2000 Census Change in population (persons) Percentage change in population Under 18 years 1990 Census 2000 Census Change in Under 18 years % Change in Under 18 years 65 years and over 1990 Census 2000 Census Change in 65 years and over % Change in 65 years and over Hurricane. Category 4-5 12,634 35,676 23,042 64.60% 3,477 9,299 5,822 62.60% 1,142 4,74C 2.24.36 Table 2.24-29 1990-2000 Housin~l Trend Total Households: 1990 Census 2000 Census Change in Households % Change in Households Total Housing Units: 1990 Census 2000 Census Change in Housing Units % Change in Housing Units Housing Occupancy and Tenure: Occupied Units Owner Occupied 1990 Census 2000 Census Change in Owner Occupied Units % Change in Owner Occupied Units Renteroccupied 1990 Census 2000 Census Change in Renter Occupied Units % Change in Renter occupied Units Vacant Units 1990 Census 2000 Census Change in Vacant Units % Change in Vacant Units Persons in Households 1990 Census 2000 Census Change in Persons in Households % Change in Persons in Households Single Parent Households 1990 Census 2000 Census Change in Single Parent Households % Change in Single Parent Households One-Person Households 1990 Census 2000 Census Change in One-Person Households % Change in One-Person Households Hurricane Category 4-5 4,198 12,561 8,364 66.60% 5,108 15,101 9,993 66.20% 3,52C 11,006 7,485 68.00% 677 1,555 878 56.50% 910I 2,539 1,629 64.20% 12,596 35,302 22,706 64.30% 589 68.80% 466 ,71 ,252i 72.90%! 2.24.37 The SFRHES model estimated [hat in 2001, there are 149,539 total dwelling units in the areas affected by the worst-case category 4/5-hurricane flooding or required to evacuate due to high winds within the County. The greatest concentrations of these, 41.4%, are located in the category 1 zone. This can be seen in Table 2.24-9, which provides the estimate of dwelling units in the County by category hurricane storm surge zone and by evacuation name. This can be seen in Map 2.24-3 and Table 2.24-30, which provide the estimate of dwelling units in the County by category hurricane storm surge and by evacuation zone. 2.24.38 Map 2.24-3 Hurricane Storm Surge by Evacuation Zone Name V~NDERBILT NAPLES PA~K I CO RKSCREV',~ 4~ I:,;. :;',; ~ '~U -~- CF~EEi',;:',F' '-'I~'~'~E TREE FOUR SE.a;SON 3 II 'v~INDEME E E GORDON RIX[ER/~JR POF~ T N~PLES BAY i :','P RE SS 3 SOUTH NAP LES/F;OOKER ~ OA,' 1. MARC 0 I S ./C ,'-'P R t ,'GOO DL.~I~i D ~0 ,'.~L Pa,EM LAKE 2 :t T ,',% HO KOLOSKE E ~.¢C HOP E E I 0 3.75 75 15 22.5 3~liles 2,24,39 J J ~0 0 © Using the telephone survey estimates from the Southwest Florida Reqional Planning Council's (SWFRPC) Hurricane Evacuation Study, Update 1987, the Florida Motel/Hotel Association for hotel/motel occupancy and concurrence from the Collier County Emergency Management Office, two estimates of seasonal occupancy for Southwest Florida were prepared. These are as follows in Table 2.24-31: Table 2.24-31 COLLIER COUNTY OCCUPANCY RATES BY UNIT TYPE SEASONAL OCCUPANCY RATES UNIT TYPE JULY OCTOBER S NGLE-FAMILY/DUPLEX 80% 85% MULTI-FAMILY 57% 71% MOBILE HOME 43% 75% TRAVEL TRAILER 18% 41% HOTEL/MOTEL 54%I 63% From these estimates, Collier County flood zones are estimated in 2001 to contain an aggregated of 232,432 person in July and 273,549 persons at the start of October. This is summarized by the SFRHEC model's evacuation zone in Table 2.24-32. Fortunately, the County's seasonal population increase (October-May) only coincides in the month of October during the tail end of the hurricane season (June-October). TABLE 2.24-32 COLLIEF STORM CATEGORY TOTALS COUNTY - 2001 POPULATION ESTIMATES LANDFALLING STORM EVACUATION ZONE VANDERBILT/NAPLES PARK WEST PELICAN BAY WEST PARK SHORE/MOORINGS WEST NAPLES BAY GORDON RIVER/AIRPORT SOUTH NAPLES/ROOKERY BAY HENDERSON CREEK MARCO ISLAND/CAPRI/GOODLAND ROYAL PALM HAMMOCK/PORT OF ISLANDS EVERGLADES CITY/CHOKOLOSKEE/OCHOPEE COPELAND/FAKAHATCHEE MH & RV 2-5 & BEYOND CATEGORY I AUDUBON JULY 11,538 OCTOBER 13,441 4,665 5,720 7,710 9,446 16,945 9,000 2,877 5,016 27,287 19,781 10,422 3,896 7,586 31,661 689 900 1,346 68 1,958 92 7,233 12,860 94,374 117,764 1,902 2 PALM RIVER/VICTORIA PARK 6,489 2 NAPLES PARK EAST 4,403 2,285 7,494 4,737 2.24.42 TABLE 2.24-32 COLLIER COUNTY - 2001 POPULATION ESTIMATES LANDFALLING STORM STORM EVACUATION CATEGORY ZONE JULY OCTOBER 2 PELICAN BAY EAST 5,027 5,795 2 PARK SHORE/MOORINGS EAST 6,655 7,535 2 SOUTH BLOCKS 1,166 1,627 2 FAKAHATCH EE 22 26 2 DEEP LAKE 105 126 2 EAST NAPLES 39,224 46,751 MH&RV 2 2,954 5,279 NEW EVACUEES 62,039 71,097 TOTALS CATEGORY 1-2 156,413 188,861 3 LANDMARK/OLD 41 3,964 5,439 3 TURTLE LAKES/PINE RIDGE 10,424 12,021 3 WINDEMERE 8,705 9,931 3 HIGH POINT 4,883 5,517 3 FOUR SEASONS 6,235 7,017 3 GOLDEN GATE CITY 15,223 17,036 3 GOLDEN GATE ESTATES 5,170 5,530 3 FLORIDA SPORTS PARK 553 638 3 BIG CYPRESS 0 0 MH&RV 3 1,617 2,916 NEW EVACUEES 53,540 60,215 TOTALS CATEGORY 1-3 209,953 249,076 4/5 CORKSCREW 56 79 , 4/5 QUAIL CREEK/ORANGE TREE 3,468 3,845 4/5 GOLDEN GATE ESTATES 11,035 12,014 4/5 FAKAHATCHEE 459 / 512 MH&RV 4/5 235 415 NEW EVACUEES 14,7841 16,035 TOTALS CATEGORY 1-4/5 224,737~ 265,111 OUTSIDE ZONES 7,695 8,438 TOTAL COUNTY 232,432 273,549 4. Motor Vehicles As the County's population grows, so too grows the number of motor vehicles which the County's road network will have to handle during an evacuation. With each increasing intensity of storm, the number of vehicles increases, as well. Moreover, to compound the problem, nearly all of the population affected by an incoming hurricane will evacuate by a private vehicle. Issues relevant to this include the number of vehicles owned, whether owners would be willing to leave any vehicles behind, since next to the home, vehicles 2.24.43 are the most expensive possession, whether evacuating families wish to be separated in different in motor vehicles. Based on surveys as part of the SFRHES's model, respondents indicated approximately 75% of available vehicles would be used in an evacuation (Hurricane Evacuation Plan, 1981-82, SWRPC). This averaged out to be 1.7 vehicles per occupied unit. Using this ratio of cars and the occupancy ratio used previously, the County potential total of vehicles used in an evacuation in July it would be 164,186 and in October it would be 192,359, a 15% increase. Table 2.24-33 summarizes the vehicle generation by each evacuation zone. TABLE 2.24-33 COLLIER COUNTY ~ 2001 VEHICLE ESTIMATES LANDFALLING STORM STORM CATEGORY TOTALS 2 2 2 2 2 EVACUATION 2 ZONE VANDERBILT/NAPLES PARK WEST JULY 8,526 1 PELICAN BAY WEST 1 PARK SHORE/MOORINGS WEST 6,982 1 NAPLES BAY 14,607 GORDON RIVER/AIRPORT SOUTH NAPLES/ROOKERY BAY HENDERSON CREEK MARCO ISLAND/CAPRI/GOODLAND ROYAL PALM HAMMOCK/PORT OF ISLANDS EVERGLADES CITY/CHOKOLOSKEE/OCHOPEE COPELAND/FAKAHATCHEE MH & RV 2-5 & BEYOND CATEGORY1 AUDUBON PALM RIVER/VICTORIA PARK NAPLES PARK EAST PELICAN BAY EAST PARK SHORE/MOORINGS EAST SOUTH BLOCKS 3,448 5,699 12,519 6,620 2,065 3,614 20,163 485 916 51 3,725 67,831 1,406 4,796 3,255 3,716 4,919 862 OCTOBER 7,630 2,739 5,394 23,390 611 1,268 68 6,604 83,451 1,689 5,539 3,501 4,283 5,569 1,203 52,550 136,001 2 FAKAHATCH EE 16 19 2 DEEP LAKE 78 93 2 EAST NAPLES 28,920 34,391 MH&RV 2 2,111 3,737 NEW VEHICLES TOTALS 45,855 113,686 CATEGORY 1-2 3 LANDMARK/OLD 41 [ 2,879 3,905 3 TURTLELAKES/PINE RIDGE J 7,705 8,885 3 WlNDEMERE i 6,434 7,340 2 24.44 TABLE 2.24-33 COLLIER COUNTY - 2001 VEHICLE ESTIMATES LANDFALLING STORM STORM EVACUATION CATEGORY ZONE JULY I OCTOBER 3 HIGH POINT 3,605 4,068 3 FOUR SEASONS 4,608 5,187 3 GOLDEN GATE CITY 11,252 12,592 3 GOLDEN GATE ESTATES 3,821 4,087 3 FLORIDA SPORTS PARK 409 472 3 BIG CYPRESS 0 0 MH&RV 3 1,140 2,031 NEW VEHICLES 39,573 44,506 TOTALS CATEGORY 1-3 153,259! 180,507 4/5 CORKSCREW 42 59 4/5 QUAIL CREEK/ORANGE TREE 2,563 I 2,842 4/5 GOLDEN GATE ESTATES 8,153 8,871 4/5 FAKAHATCHEE 339 378 MH&RV 4/5 170 299 NEW VEHICLES 10,927 11,852 TOTALS CATEGORY 1-4/5 164,186 192,359 5. Shelters Simply put, evacuees must have a place to go in the event of hurricane. The SWRPC undertook surveys in 1979, 1981 and 1987 to determine the evacuee preferences. This data is summarized as follows: Public Shelters -24% Leaving the County 34% Visit friends/relatives in County 4% Go to hotel/motel 2% Other 2% Don't know 21% Those are preference declarations; other studies indicate there is a significant variation from preference to actual behavior. At this time, the County has seventeen primary public refuges and fifteen secondary public refuges, with a capacity (at 20 square feet/person) of 15,685 and 12,210 persons, respectively. These refuges are summarized in Table 2.24-34 2.::24.45 L~ Based upon the evacuees forecast in TABLE 2.24-32, the County has limited public shelter space capacity. For example, the County can accommodate 16.6% of the evacuees during a Category 1 storm evacuation in July, but only 13.3% in October. Table 2.24-35 summarizes the County's public shelter capacities for the differing storm intensities. These capacities, specifically the "percent met" are ultimately used to determine how many evacuees will have to leave the County because of adequate public or private shelter space cannot be found in the County. The addition of secondary refuges does provide additional space for all evacuees up to a Category 1 Hurricane. In Collier County, a factor of 12% is assumed based on the 2001 Hazard Management Group, Inc. behavioral survey of Southwest Florida. The 12% is an average of the Category 2 through Category 4 hypothetical response rates for a landfalling storm. The Collier County Emergency Management Office approved this percent. Based on this survey, others conducted after Hurricane Andrew by Florida International University and other before and post hurricane behavioral surveys - including the one conducted for the 1987 Regional Hurricane Evacuation Study Update, there could be a range of 12%-24% seeking shelter. Therefore, staff of the SWRPC used this percentage with confidence in their SFRHES model. 2.24.51 Public shelters within Collier County are not the only means of meeting evacuee shelter needs. Other options for evacuees include friends, hotel/motels and one's own home. In Collier County, there is an estimated 8,814-hotel/motel rooms. The greatest portion (76.6%) is along coast within category 1 flood zone. This leaves 2,033 units for Category 1 storms, and 1,016 units for Category 2 storms. The 2,066 units at 100% vacancy would satisfy 2.2% of the demand in July and 1.8% of demand in November, for a category I storm. In category 2 storms, only 0.65% of demand would be met in July and 0.54% in October, while the gi'eater storms eliminate virtually all capacity of commercial space being available. In summary, Table 2.24-36 shows the percent shelter space increase or the amount of evacuees, which can be sheltered due to hotel/motel units providing a form of commercial shelter space. TABLE 2.24-36 PERCENT REFUGE SPACE INCREASE DUE TO HOTEL/MOTELS I STORM PERCENT MET CATEGORY JULY OCTOBER TS 100.0% 100.0% I 2.2% 1.8% 2 0.65% 0.54% 3 0% 0% 4/5 0% 0% Without public or private commercial space available, evacuees have only the options of using friends within County or leave the County for less affected areas such as areas outside of the storm's probable impact. The shelter capacity of "friends" is limited. This capacity diminishes, as the ratio of evacuees to those not affected increases. This factor is depicted in Table 2.24-37. TABLE 2.24-37 POPULATION DISPLACEMENT RATIO STORM DISPLACED NOT DISPLACED RATIO CATEGORY JULY OCTOBER JULY OCTOBER JULY OCTOBER TS 13,093 23,613 219,339 249,936 0.1 0.1 1 94,374 117,764 138,058 155,784 0.7 0.8 2 156,413 188,861 76,018 84,687 2.1 2.2 3 209,953 249,076 22,479 24,473 9.3 10.2 4/5 224,737 265,111 7,695 8,438 29.2 31.4 OUTSIDE 7,695 8,438 It is an assumption that ratio of 1:1 or better, for example 0.8:1, wilt enable those seeking shelter with friends will find them. This constitutes 1 3% of the population. Ratios of worse then 1:1, for example 2:1, will diminish that likelihood in proportion to the ratio. Given the assumption, all of those evacuees from a category 1 storm wishing to stay with friends will be able to do so. However, during a category 2 evacuation, only 6.9% in 2.24.53 July and 6.3% in November of the evacuees will be able to stay with friends. Table 2.24- 38 summarizes the percent shelter space increase or the amount of evacuees, which can be sheltered due to friends or relatives providing a form of shelter space. TABLE 2.24-38 ~ERCENT REFUGE SPACE INCREASE DUE TO FRIENDS/RELATIVES STORM PERCENT CATEGORY JULY OCTOBER TS 13.0% 13.0% 1 13.0% 13.0% 2 6.3% 5.8% 3 1.4% 1.3% 4/5 O.4% 0.4% These percentages added to the shelter space populations absorb the remainder of the "in County" shelter demand satisfaction. This is summarized in Table 2.24-39. If shelter space cannot be met within the County, they must be met outside of the County. For this reason, Table 2.24-40 summarizes the number of vehicles leaving the County which is derived from subtracting the number of vehicles are staying the County, that is going to a shelter in the County, from the total number of vehicles used in evacuating. TABLE 2.24-39 STORM PERCENT MET CATEGORY JULY OCTOBER TS 100.0% 100.0% 1 38.8% 33.7% l(a) 49.9% 42.6% _ 2 17.0% 14.7% 2(a) 19.8% 17.0% 3 5.9% 5.0% 3(a) 7.0% 6.0% 3* 7.8% 6.6% 3(a)* 9.9% 8.4% 4/5** 4.6% 3.9% , 4/5(a)** 5.7% 4.8% (a) Assumes secondary-refuges are open *Assumes refuges in the category 2 zone remain open. I**Assumes refuges in the categ_o__ry 3 zone remai___En open. 2.24.54 TABLE 2.24-40 TOTAL VEHICLES LEAVING COLLIER COUNTY STORM -CATEGORY JULY OCTOBER TS 3,290 5,934 1 40,762 54,135 l(a) 32,994 46,366 2 94,050 115,532 2(a) 90,791 112,273 3 144,172 171,229 3(a) 142,428 169,485 3* 141,215 168,272 3(a)* 137,956 165,013 4/5** 156,520 184,621 4/5(a)** 154,775 182,877 6. Special At Risk Population Within Collier County, there are twenty-nine "locations of concern" that needs special attention, consisting of hospitals and nursing/convalescent homes. Of these locations of concern, over 72% of them were within the Tropical Storm flood zone, Category 1 flood zone or the Category 2 flood zone. This is summarized in Table 2.24-41 listed on the next page. 2.24.55 LLI LLI LLI LLI LLI LLI 0 LLI 0 < D D D D D D,D Z 0 --~ ~ ~ -~ 00000008 0 rr -- _ LLI LLI LLI LLI LLI LLI ,~ ...J 0 _j C) 0 ....... o o o o 0 0 0 0 0~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O' O0 0 0 0 0 0 0 0 0 0 0 0 O! 0 O0 0 0 Q) 0 © 0 0 O' C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 ~ O0 O~ 0 ~ 0 ~ 0 0 0 ~ 0 ~ 0 0 0 O0 ~- Z Z' Z ~ Z Z Z Z Z ~ Z ZZ ~ 0 0 0 0 0 0 0 0 0 0 O0 C~ Z Z Z Z Z Z Z Z Z Z Z Z Z ~ 0 0 0 0 0 © 0 0 0 0 0 t~ ~ ~ ~ L~ ~ L~ W L~ L~ t~ L~!W LW Z Z ~ Z Z Z Z Z Z n Z Z ~. 0 0 0 0 0 0 0 0 0 0 0 0 ~ Z Z Z Z ~ Z Z Z Z Z, Z ~ Z Z ~ Z Z ~ Z Z Z Z Z ~ Z Z Z ~ ~ ~ - ~ o o ~ ~ E ~ o ~ ~ Z Z ~ ~ ~ , ~' ~ ~ o The more troubling issue is looking at the overall demographic trends over the past ten years within all of the five designated hurricane flood zones in Collier County. Looking at the aggregate demographic data of all the five designated hurricane flood zones based upon the selected Census 2000 variables: Population Summary, Census 2000, Seniors, Census 2000, 1990-2000 Population, 65 years and Over, Total Households, Persons in Households. Staff has noted some areas of possible concern: Population Summary, Census 2000: · Over 89% of Collier County's population is within each of the five designated hurricane flood zones · The dominate age bracket is 65 to 74 years, making up 33,835 or 15.10% of the population Seniors, Census 2000: · Persons 65 and Over = 59,549 · In nonfamily households, 11,867 live alone · Households with 1 or more persons 60 and over = 47,839 · Households with 1 or more persons 65 and over = 39,160 · Households with 1 or more persons 75 and over = 18,507 1990-2000 Population: · 1990 Census = 133,204 · 2000 Census = 223,390 · Change in population (persons) = 90,186 · Percentage change in population = 40.40% 65 years and Over: · 1990 Census = 33,374 · 2000 Census = 59,549 · Change in 65 years and over = 26,t 75 · % Change in 65 years and over = 44.00% 2.2458 Total Households: · 1990 Census = 56,428 · 2000 Census 95,539 · Change in Households = 39,111 · % Change in Households = 40.90% Persons in Households: · 1990 Census= 130,172 · 2000 Census=220,344 · Change in Persons in Households: 90,172 · % Change in Persons in Households = 40.90% To reiterate staffs concerns about special at risk populations, it's alarming that of the five hurricane flood zones. The third largest percent change of people 65 and over, since the Census taken in 1990, has occurred within the Tropical Storm, hurricane flood zone, which is the most flood-prone area within Collier County. 7. Routes Arterial roadways form the backbone of any hurricane evacuation effort. Unfortunately, Collier County's roadways system provides relatively few options for evacuees coming from the coast. Those that do exist are depicted on Map 2.24-4, "Evacuation Routes," on the next page. Identification of routes is the first step in assessing the roadway system. The next step is assessing roadways capacities. The capacities of these roadways have been developed based on their characteristic as defined in the Collier County Roadways Service Volumes 1997 report, except for interstate, local road and rural highway volumes, which are from the Florida Level of Service Tables and Standards Handbook, 1998, by the Florida Department of Transportation. Directional split ration are adjusted based on pages 8-6, of the 1998 Highway Capacity Manual. These directional splits are provided to address the time of day in which an evacuation may take place. 50/50 being the lowest and representing capacities during the middle of a workweek day, 70/30 being an intermediate capacity during a weekend day and 90/10 being a quick capacity which might occur after 9 p.m. at night. These capacities are contained in Table 2.24-42. These capacities show the roadways vary from a high hourly capacity at Service Level D of 5,680 trips for an eight-lane section of U.S. 41, to a low of 700 trips on extreme western portion of Bonita Beach Rd. 2.24.59 ! iz 0 0 zjz I ~ ~o ~oo Z,:: .E--I ''= = Z Z Z CD CD 0 CD ~ An important aspect of any route is its condition. Many routes along the coastline are Iow lying. Their propensity to flood due to surge or tidal action causes their reliability to operate as an evacuation route to cease several hours before storm landfall. In most cases, however, winds, not shoreline flooding, will initially make roads unsafe for travel. Rainfall flooding, however, may constitute a greater hazard to evacuation route operation than either early shoreline flooding or early winds. This is because roadways may flood and become partially or totally impassable early in an evacuation. Such areas have been documented for different storms and are also depicted on Map 2.24-4. These areas must be identified and bypassed before the presupposed onset of heavy rains, which is forecasted by the National Weather Service. 8. Clearance Times There are several factors taken into account when calculating evacuation zone clearance times. The first is the nature of the threat of natural elements. These include gale force winds preceding the storm; sustained rains that reduce visibility, flooded roadways, and storm surge flooding that precede the storm. The number of vehicles leaving a zone and the capacity of the route(s) to carry traffic are both assessments that serve as a basis for determining clearance times. It is expressed in hours, which is the number of hours needed to move cars and people past a given point. In effect, the vehicles from TABLE 2.24-33 are divided by the capacity of the applicable route in Table 2.24-42 to arrive at specific clearance times. The worst route, that is most limited in capacity, is the determining factor. Table 2.24-43 depicts this for each zone. These clearance times are based on a primary assumption that the evacuation routes are operating at capacity for the entire time it take for all the assumed vehicles to clear the route. 2.24.67 o i0 ;LU > o ~ O~ I Oj I t.r) ' Lo :r ','~. ~ -,--: I .,.Z ' 0; Oico 0 r jLLI Travel time to a destination is another factor in calculating evacuation times. There are a number of destinations possible: public shelters in the County, friends in the County and any destination outside the County. Table 2.24-44 describes times to shelters and the far right column in Table 2.24-43 describes time to clear the County line. SHELTER DESIGNATIONS AND OPTIONS ESTIMATED-= CATEGORY EVACUATION ZONE SHELTER NAME ! TRAVEL TIME VANDERBILT/NAPLES PARK WEST PELICAN BAY WEST PARK SHORE/MOORINGS WEST NAPLES BAY GORDON RIVER/AIRPORT SOUTH NAPLES/ROOKERY BAY 1 HENDERSON CREEK 1 MARCO ISLAND/CAPRI/GOODLAND 1 ROYAL PALM HAMMOCK/PORT OF ISLANDS 1 EVERGLADES CITY/CHOKOLOSKEE/OCHOPEE !COPELAND/FAKAHATCHEE Laurel Oak Elementary*+ Pine Ridge Middle School*** Pine Ridge Middle School*** St. Matthew's House** St. Matthew's House** Lely High School** Lely Elementary School*** JLely Elementary School*** Lely High School** Golden Gate Shelters** Immokalee Shelters 'Lely Elementary School*** Lely High School** Immokalee Shelters Immokatee Shelters 0.5 hour 0.25 hour 0.25 hour 0.25 hour 0.25 hour 0.25 hour 0.25 hour 0.5 hour 0.5 hour 0.5 hour 1.0 hour 0.5 hour 0.5 hour 0.75 hour 0.75 hour 2 [AUDUBON 0.25 hour 2 ~PALM RIVER/VICTORIA PARK , 0.25 hour ILaurel Oak Elementary*+ Vineyards Elementary School*+ Vineyards Elementary School*+ Pine Ridge Middle School*** Pine Ridge Middle Schooi*~;-* /Immokalee Shelters Immokalee Shelter~ 2 JNAPLES PARK EAST OUTH BLOCKS AKAHATCHEE 0.25 hour 2 '~PELICAN BAY EAST 0.25 hour 2 !PARK SHORE/MOORINGS EAST 0.25 hour 2 .......... 0.75 hour 2 0.75 hour 2 IDEEP LAKE Immokalee Shelters ** 0.75 hour 2 iEAST NAPLES IGolden Gate Shelters 0.25 hour ~llmmokalee Shelters 1.0 hour ,ILANDMARK/OLD 41 ' 0.5 hour 3 0.25 hour 0.25 hour 0.5 hour 0.5 hour 0.25 hour 0.25 hour 0.5 hour 0.5 hour 0.5 hour 1.0 hour 4/5 ICORKSCREW - 4/5 IQUAIL CREEK/ORANGE TREE Oakridge Middle School*+ 3 ITURTLE LAKES/PINE RIDGE V neyards Elementary School*+ 3 IWINDEMERE !Vineyards Elementary School*+ 3 !HIGH POINT ........ .................... Big Cypress Element.a.r.y School*+; i Golden Ga{-~ Shelters i 3 iFOUR SEASON-~ ........ Vineyards Elementary School*+ i 3 IGOLDEN GATE CITY IBiq Cyp_ress Elementary School*+i 3 ~ GATE ESTATES LBig Cypress Elementary School*+; 3 FLORIDA SPORTS PARK _ . ILely~ Elementary School*** i i ................. '~Gotden Gate Shelters** 3 !BIG CYPRESS llmmokalee Shelters ICorkscrew Middle School 0.25 hour ICorkscrew Middle School 0.25 hour iCorkscrew Middle School 0.5 hour ~lmmokalee Shelters 1.0 hour i .... ilmmokalee Shelters 1.0 hour ALL ,SPECIAL NEEDS PRIMARY .... : ---'--' "---- BarronColherH~ hSchool 1 0 ~our AI~L_' ,_SPECIA_L NE__EDS SECONDA~',y ~Guif Coast High Schoo *+ 2.2a.7o ............. TABLE 2.24-44 ................................ ........ i ESTIMATED i ~ATEGORY ~V~--i-E~ ~ 20~-~ -- ALL ~-0TAL EVACUATION ...... ** ;loses in a Category 2 Hurricane. *** ICloses in a Category 3 Hurricane. *+ ~C_l~oses in a Category_4/5 Hurricane. As can be seen from Table 2.24-43, some routes end up being ultimate constricting points for more than one zone. That being the case, it may be expected that these times will become cumulative. This creates a "greatest time to clear" for the County as a whole. Table 2.24-45 depicts the greatest time to clear calculation for each category storm. As with previous updates, the Marco Island Bridge has the lowest capacity of the SR 951 (Collier Blvd.) roadway segment. This fact associated with a large vulnerable population creates the highest evacuation time in the County. However, this time is expected to be reduced by 55 to 62 percent with an additional bridge span being constructed, which more than doubles the capacity of the Marco Island Bridge. TABLE 2.24-45 2001 ULTIMATE CONSTRICTING ROUTES, LANDFALLING STORM CLEARANCE TIME JULY OCTOBER STORM CONSTRICTING INTER- INTER- CATEGORY ROUTES SLOW MEDIATE QUICK SLOW MEDIATE QUICK 1 SR 951& SR 92, CR 951, U.S. 41 14.3 11.8 11.0 16.9 14.0 13.1 1 (SR 951One-Way), SR92, CR 951, U.S. 41 10.3 9.4 9.1 12.3 11.3 10.9 :' 1 '(SR 951'&:SR 92 One-Way), CR 951, u.S. 41 815 8.2 8.0 10.2 9.8 9.6 2 SR 951& SR 92, CR 951, U.S. 41 20.4 17.2 16.2 24.0 20.3 19.1 ~.:2 (SR 951one,Way), SR 92, CR.951, U.S. 41 16:4 14.9 14.3 19.4 ' 17.6 16.9 2 (SR 951&'SR 92 One-WaY), CR 951, U.S. 41 14.6 13,6 13.2 17.3 16'.1 15.7 3 & 4/5 SR 951 & SR 92, CR 951, U.S. 41 23.9 19.2 17.7 28.3 22.7 21.0 3 & 4/5 (SR 951One-Way), SR 92, CR 951, U:S. 41 19.9 16.8 15.8 23.6 20.0 18.8 3 &4/5 (SR 951& SR 92 One-Way), CR 951, U.S. 41 18.1 15.6 14.8 21.6 18.5 17.5 IDenotes traffic management option, in order to reduce time.j 2.24.71 Clearly, route constriction becomes a concern when it is unevenly distributed between different parts of the County. The relative isolation of the shoreline south of Naples and the limted routes south of SR 84 (Alligator Alley) limits evacuation capacity causing the large evacuation times. The possibility exists that the increased traffic control can better distribute loadings. Normally, if exiting routes create the highest evacuation times for the County, it is because there are not enough evacuation shelters available to keep the evacuees within the County. Table 2.24-46 depicts the times that may occur, given different routes. Table 2.24-46 20( COLLIER COUNTY EXITING ROUTES: LANDFALLING STORM TOTAL CATEGOR CO. STORM Y I(A) J J(a) O _ O(a) 40,762 - ROUTES 1-75(N), US 41 (N), J/a) 2(A) J 94,050 1-75(N), US 41(N), 90,791 SR 29 & CR 846 COMBINED CAPACITIES SLOW 7,775' CLEARANCE TIMES JULY/OCT. INTER- i SLOW' INTER~ MEDIAT QUIC MEDIAT E K E 8,484 i! 5.2 I 4.2 QUIC K 8,273 4.9 4.8 32,994 SR 29 & CR 846 4.0 3.9 54,135 _ ! 7.0 6.5 6.4 46,366 16.0 5.6 5.5 8,484i 12.1 11.4 11.0 8,273 11.7 11.. 115,532 O (a)__ 112,273 2(B) J 94,050 1-75(N&E), US 41 (N), _ J(a) 90,791 SR 29 & CR 846 O 115,532 i __ O(a) 112,273 7,775 10.7 I 14.9 14.0 13.6 i 14.4 13.6 13.2 11,493 11,704, 8.6 8.2 8.0 7.9 8.3 10.5 10.1 10.2 9.8 9.6 8,484 18.5 17.4 17.2 18.3 22.0 144,172 142,428 171,229 169,485 __ 3(A) J J(a)~ O _O(a) J* ~ 141,215 J(a)* i 137,956 O* i 168,272 ~ _ _o~)*--~r 165,0131 1-75(N), US 41(N), ~ 7,775 I 8,273 SR 29 & ~R 846 .... ......... I f 20.7 7.8 i 9.9 17.0 16.8 i 20.2 j 21.8 20.5 20.0 j 18.2 17.1 16.61 17.7 16.7 16.3 21.6 20.3 19.8 21.2 19.9 ' LIS 41(N) ¢ 10~ ' ! 3(B) J 144,172 ~ 1-75(N&E), 99 11,493 !11,704 13.1 12.5 42,428 i SR 29 & CR8zt6 ' : ' -----~ .... . ....... % : 13.0 12.4 Od 171,229 L .... ~ 15.6 14.9 o(_a~_ ¢ 169,485 , : 19.5 12.3 12.2 14.6 j. - i . _ ~ ~ 15.4 14.7 14.L ' -~ai; ,!137,956141'215 i -~ _ , i 12.8 12.3 12.1 .... 12.5 12.0 11.8- . z' _168,272 i _ ! ~ 15.~ . i!]-.6~ __14.4 2.2~ 72 STORM CATEGOR Y o(a)* 3(c) J o(a) j* J(a)* O* o(a)* 3(D) J J(a) O ____O(a) j* J(a)* O* _ O(a)* _4/5 (OA.) J** L o(a)**_ I 4/5(B) J O d(a)** O(a)** 4/5(C) J O 2001 COLLIER COUNTY EXITING ROUTES: LANDFALLING STORM --'-,F ............... ~ ~_ i . _ l CLE.._A_RANCET!MES TOTAL / ¢'" ~, ID/~/'" IT I~q ' d U bf/~,-) L.~/. fEHICLES ..... ~--- I INTER- ---~ INTER- LEAVING ....... h .... I MEDIAT QUlC-iL -_.:7 M---ESF~ Q-Q-07E- CO. ROUTES ISLOW_~_~ E K ~ L(..)W E K 5.0 14.4 14.1 165,013 t . 11.9 144,172 1-75 (N&E), US 41 (N&E), 12,839 3,162 1 11.2 .0 J(a) 142,428 - SR29&CR846 11.8 11.1 _ 1.__8_8 O 171,229 _ 114.2 13.3 169,485 ~ 14.0 13.2 !.9 141,215 i 11.7 11.0 _ I.~7 137,956 ~ 11.4 10.7 ).5 168,272 ~ 13.9 13.t !.8 -- 13.7 t 12.9 !.5 165,013 / 144,172 1-75 (N), 1-75 (E-one way), 16,059 6,382 9.4 9.0 8.8 US 41 (N&E), SR 29 & CR 9.3 8.9 8.7 142,428 846 11.2 10.7 10.5 171,229 .... ~_ 169,485 11.1 10.6 10.3 141,215 9.2 8.8 8.6 137,956 9.0 8.6 8.4 168,272 11.0 10.5 10.3 165,013 10.8 10.3 10.1 156,520 1-75 (N)_, US41(N), _7,77~5 8,273 8,484' 20.1 t8.9 18.4 184,621 SR 29 & CR 846 ___ 23.7 22.3 21.8 154,775 I 19.9 18.7 18.2 182,877 ~ 23.5 22.1 21.6 10,99 11,493 11,7041 14.2 13.6 13.4 156,520 1-75 (N&E), US 41 (N) 5 184,621 SR 29, & CR846 16.8 16.1 15.8 154,775 I 14.1 13.5 F1~-.2 - 182,877 ................. 16.6 15.9 15.6 ' 62 156,520 1-75 (N&E), US 41 (N&E), 12,07 12,839 13,1 13.0 12.2 11.9 5 184,621 ~' SR 29 & CR 846 ....... 15.3 14.4 [ 14.0 : _J(a)** 154,775 , 12.8 12.1 [ 11.8 O(a)** 182 877 ....... i 15.1 i 142 ! 13.9 4/5(D) J 156,520 1-75 (N), 1-75 (E-one way), I . _ Z O 184,621 ' US 41 (N&E),SR29&CR 846 ~ I ~ 12.1 11.5 i 1.3 2.24.73 STORM CATEGORy _ J(a)** O(a)** TOTAL VEHICLES LEAVING, CO. 2001 COLLIER COUNTY EXITING ROUTES: LANDFALLING STORM ............. L -~ ~- --i CLEARANCE TIMES ~ COMBINED I CAPACITIES i JULY/OCT. 154,775 182,877 ROUTES !SLOW J = July O = October __ (a) Assumes secondary refuges are open. *Assumes refuges in the category 2 zone remain open. **Assumes refuges in the category 3 zone remain open. INTER- r INTER- E I K 2.0 11.4 MEDIAT E 2.24.74 The last factor to be incorporated into calculating the County clearance time is the response of the potential evacuees to an evacuation order. The original 1981-82 Re.qional Hurricane Evacuation Plan discussed this topic and ultimately concluded that seven hours would be the minimum time needed to clear a zone, because some evacuees would procrastinate more than others. More recent history indicates that sudden or dramatic changes in hurricanes can heighten the evacuee's response into quick evacuation, limited basically by road capacity. Consequently, in evaluating the final criteria that determine a slow, intermediate, or quick evacuation. Both slow and intermediate zone will have minimum response time of seven hours, whereas a "quick evacuation" will be limited only by roadway capacity. All of these factors combine to create a countywide clearance time. This time will vary depending upon the routes available for out of County evacuation, the time of season, and whether it is a slow, intermediate, or quick response. Table 2.24-47 summarizes the total evacuation time, which is the sum of the greatest clearance time and the greatest travel time to either the nearest shelter or travel time out of the County. The clearance time for the County as a whole for Category 3 storm will increase if traffic control measures such as one-waying the S.R. 951 Bridge and S.R. 92 are not implemented and out-of-county evacuation is limited solely to 1-75 north, U.S. 41, CR 846 and S.R. 29. Obviously, if more routes are provided, the time may lessen. This, of course depends upon the impact of other counties evacuating because of the impending storm. TABLE 2.24-47 2001 TOTAL EVACUATION TIME LANDFALLING STORM CLEARANCE TIME .2~ ..... TOTAL E~VACUATION TIME i [INTER-: ! INTER- STORM ............ ~- ~-I'--~)-~/--~-M~ DI~: ~[.]-i~- ....... ~l~SW- ............. E K MEDIAT ; E CATEGORY I DESTINATION J [ O ~-'~-5 .... ~---~-~ ....0 5 ..... ~'---5 ~ / 1 0 .14 5ii~'~8-[~%'-i-7~0 ~:~-~.~¢'12~7~'.0 12.0 14.1 ........ 3 A ...... ~ -~% ..... ~:~ ~-~ ~11.3i 9.1:10~~~'~-~ ~'AJ - i ~;8 ;16.4 t9.4;14.9.17.6. 14.3 i16.9i17.420.4 15.918.6 15.3;17.9 3&4/5(B) 1.0 18.1~21.6 15.6;18.5[ 14.8 17.5 19.1 22.6'16.6 19.5 15.8 18.5 3' i 0 18.5!22:0i!7,4~2¢:7! 17.0 120.2118.5 22.0 17.4~20.7[17.0,20.2, I,](1) From Table 9 or 10, whichever ,s ~reateri i [ ~ ~ ...... % .... i(2) From Table 11 or ~ ~e'r~%~ ~c'fi~5~-i~'- - ] .... ~- igreater ....... :__ .......... ~-~-5~zte-~-{raffi~5~-~'~ O~i~, in order to reduce time (A) SR 951 (One-Way Bridge) & SR 92 2.24.75 (B) SR 951 (One-Way Bridge) & SR 92 One-Way *Assumes use of 1-75 N, US 41 N, SR 29 and CR 846 (immokalee Rd.) as exiting routes D. Objective Achievement Analysis - please refer to section B E. Conclusion Collier County has made considerable progress in the past seven years in dealing with the following issues: maintenance of clearance times and adequate shelter space Maintenance of Clearance Times Evacuation times have actually decreased in spite of the marginal increase in population size and increased traffic, primarily due a number of roadway projects. Adequate Shelter Space The County has provided adequate shelter space for its population up to a Category 1 hurricane, The County will continue to enforce its existing land use regulations for land use intensities/densities within the CHHA to curtail the current deficit of shelter space for a Category 2 or greater hurricane and the maintenance or reduction of clearance times in the future. F. Specific Policy Relevance: Staff is of the professional opinion that the majority of the enabling policies continues to be relevant to and will be retained. Recommendations: In order to continue to strive to make progress in maintaining or decreasing evacuation clearance times and reducing the deficit of emergency shelter space, Collier County should do the following: · Create a "Special Populations at Risk" Overlay that will prohibit the construction of nursing/convalescent centers and hospitals within the County's designated CHHA that are not located within "close" proximity to designated hurricane corridor/arterial roadways. · Within the CHHA, the identification of designated hurricane evacuation roadway segments/constrictions points that are at a level service D or worse with the implementation of building construction program to build hurricane evacuation shelters, · Adding Hurricane Evacuation Shelters as a new Category A of Public Facilities list · The County shall create an interlocal agreement for all adjacent, incorporated governments that are within the CHHA that being Everglades City, City of Marco Island, and the City of Naples, in regards to the approval process for large-scale developments that will impose direct, negative impacts on the LOS of roadways/hurricane evacuation corridors in Collier County, 2.24.76 2.25 Hurricane Evacuation - The Coastal Construction Control Line Program A. Introduction and Background. In 1971, the Florida State Legislature enacted Chapter 161, the Florida Beach and Shore Preservation Act. This Act (Ch. 161.053 F.S.) gave the Department of Natural Resources the responsibility to establish a Coastal Construction Setback line (CCSL) along the Atlantic and Gulf coasts, in 24 coastal counties. The CCSL defines the portion of the beach-dune system, which is subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. The setting of this line was based on a compilation of data from engineering and topographic surveys, erosion trends, predictable storm tides, wave run-up, vegetation line location and other technical data. In 1978 the State CCSL was later renamed as the Coastal Construction Control Line (CCCL). In April 1973, the Collier County Board of Commissioners established a building setback line from the Gulf of Mexico (Ord. 73-5). The setback line was imposed on new construction bordering the Gulf of Mexico to protect property and assist in the prevention of beach erosion, because, "man-made structures and fixtures exposed to the uprushing waters cause or result in increased erosion of the foreword shore .... "In July 1975, the Collier County Board of Commissioners adopted the State established Coastal Construction Setback Line pursuant to Section 161.053 of the Florida Statutes (Ordinance 75-19). This line is the County's current CCSL and is the line for which staff reviews petitions for issuing variances for construction seaward of the CCSL. In 1988, Collier County became the 15th coastal county to have the review studies of the State CCCL as required by F.S. 161.053 (Beaches and Shores Resources Center, 1988).. The current state CCCL was recorded in June 1989, six months after the adoption of Collier County's 1989 GMP. The Coastal Construction Control Line (CCCL) that is contained in the County's current GMP refers to the 1978 State CCCL which is the same as the County's CCSL. Since the state revised its line in 1989 after the adoption of the County's GMP, the existing Policy references to the CCCL should be changed to the CCSL, please see the following Maps 2.25-1 thru 2.25-6 that compare the CCSL versus CCCL along the beach coastline starting from the Collier-Lee County line to the city limits of Marco Island: Maps showing the selected representative locations of the County's CCSL and the State's CCCL are provided in Attachment A. On average, the State's CCCL is 184 feet further landward then the County's CCSL. B. Identification of Specific Objectives and hnplementation Activities: The County issues both CCSL Permits and Variances. Variances to the CCSL may be obtained by petition to the Board of County Comrnissioners, public notice and hearing. Prohibited activities seawarcl of the CCSL include thc followiug: 2.25.1 1. Constructing a structure 2. Excavation 3. Removing beach material 4. Altering existing ground elevations 5. Driving a vehicle on, over or across any sand dune 6. Damaging or causing to be damaged sand dunes or the vegetation growing thereon. CCSL Variance and Permits 10 E 5- 3~ 2 1 0 1998 1999 2000 2001 2002 Year Permits Variances Proposed development seaward of the State's CCCL is reviewed for consistency with the County's GMP. The County has adopted the Florida Building Code and applies these standards for issuing building permits for structures seaward of the State's CCCL. FEMA requirements, which limit that type of construction below flood elevation, also apply. C. Data and analysis: Staff conducted a GIS analysis to evaluate the amount of development that has occurred seaward of the CCSL and CCCL and U.S. 41. The methodology used in this analysis is specified in Attachment B. By comparing 1995 aerials to 2002 aerials, staff was able to estimate the amount of development that has occurred seaward of these boundaries during this timeframe. The results of this analysis are summarized in Table 1. Table 1. Coastal Coastal Estimated Development Construction Construction between 1995 and 2002-- Setback Line Control Line GIS Parameter Analyzed (CCSL) (CCCL) US 41 No. of buildings and total acreage for the buildings 9 buildings 45 buildings 2,166 seaward of and intersecting 0.77 acres 3.69 acres buildings the referenced line 223.29 acres Acreage of the buildings seaward of the referenced line 0.42 acres 3.67 acres 223.29 acres Acreage of the entire parcel intersecting the referenced line 41.73 acres 50.06 acres 2,353.23 acres Acreage of the parcel that is seaward of the referenced line 9.97 acres 36.60 acres 2,353.23 acres D. Objective and Analysis Only 45 additional structures were found to be located seaward of the State's CCCL. Of those 45 structures, 9 structures were found seaward of the CCSL in the 7 years evaluated between 1995 and 2002. This analysis also indicates that amount of acreage built seaward of the County's CCSL is approximately 0.42 acres (less than 20,000 square feet). F. Conclusion Since the state revised its line in 1989 after the adoption of the County's GMP, the existing policy references to the CCCL should be changed to refer to the County's CCSL. See Table 2. 2.25.3 oc.~ .~ 0 0 ~ ~ ~o o E ~ ~= ~ ~=o~'- ~ O~ ~ ~ > ~ ~o~ .~ ~ ~ - o ~.~ · ~ o~ ~ u ~ ~ ~ o ~'~ '- o c c~ ~ · c c 8'5 c ~ _ . ._ ~ ~ m .E~ ~c~ · - ~o~ ~o~ ~e o~o-- o Attachment A Selected Locations Illustrating the Difference between the Coastal Construction Setback Line (CCSL) and the Coastal Construction Control Line (CCCL) Co~:nty Coastal Cc, qstuction Setback ar'.3 S~.q*~ Ccasta: Constuction Cc?.tro~ L n~. L.-.¥ Bare. foe: B,:.:.aqh Var ce~ It E,e.:~.?. t:? Pe' .-an Ba'/ 2.25.8 Map 2.25-1: CCSL versus CCCL ,Lee County 0 0.26 0.5 Legend ---_--l_-- ~ Coastal Construction Control Line -- Coastal Construction Setback Lihe Collier (30klnt~/ %/1 iles 2.25.9 Map 2.25-2: CCSL versus CCCL Legend ~ Coastal Construction Con[roi Line -- Coastal Construction Setback' Cities N/~ME !- 1 City of Marco Island (,.-.it,,/limits) l__] City of Naples (city limits) Collier Coun~ 0 0.3 0.6 I'--I~ 1¸2 24 Miles 2.25.10 Map 2.25-3: CCSL versus CCCL Legend -- Coastal Construction Control Line -- Coastal Construction Setback Line Cities NAME Ci~,, of Marco Island (cii:/limits) ] Cig!/' of Naples (cib/ limits} 0 0.375 0.75 1.5 2.25 '- i--!-- i ill.__ ;Jrvliles 2.25.1 I Map 2.25-4: CCSL versus CCCL "-~ Rookery~ay / National Esiuarine I Research Reserve ~-'?-'------J---_.. Rookery Bay *.~' ' ' National Estuarine ,',~ Research Reserve National Estuarine Research I~eserv e Rookery Bay National Estuarcne Research Reserve Legend -- Coast3! Ccrn~trucdon Control Uno -- C. oastai Constructior, Setbac:k Line Citi es NAME Ci~t,' of M31'CO Is]31',,J 01%, limits) ~ (lib;,.' rrf FJ :~¢les (Cihv.' lit-r-lit?; 0 O 3 0 8 III--- I I 1.2 1.8 2.1~,liles rf 2.25.12 Map 2.25-5: CCSL versus CCCL Legend --- Coastal Construction Control Line -- Coastal Construction Setback LirLe Cities NAME .... i City ol: Mamo island (ciby' limits) ~ CJ~,' of Naples (city' limits) ' City of Marco island (city limits) 1.2 1,9 2.~iles 2.25.13 Map 2.25-6: City of Marco Island (city limits)l CCSL versus CCCL Legend -- Coastal Construction Con£rol Line ~ Coastal Construction Setback Line Cities NAME i _ iCity of Marco Island (cit,/limits) r--~ c:it,,,, of rxaples Osi~>' lit-nits) 0 0 I 02 I--~-- 0.4 0.6 0.8 _~_ Iqiles 2.25.14 Attachment B. GIS Analysis of Development in the Coastal Area Building analysis A digital GIS layer containing all buildings present in Collier County in 2002 was overlaid onto a 1995 Digital Ortho Quarter Quad (DOQQ) aerial. All buildings present in 2002 along the Collier County coastline (excluding The City of Naples, The City of Marco Island and Everglades City) were visually compared to the buildings present on the 1995 DOQQ aerial. Those buildings not present on the1995 DOQQ aerial were recorded. The total acreage of the buildings built westward of the coastal setback lines and US 41 from 1995-2002 was then calculated. Only the acreage utilized for the building footprints was calculated. Land utilized for any development other than the building footprints was not included in the analysis. Parcel analysis A digital GIS layer containing all buildings present in Collier County in 2002 was overlaid onto a 1995 DOQQ aerial. All buildings present in 2002 along the Collier County coastline (excluding The City of Naples, The City of Marco Island and Everglades City) were visually compared to the buildings present on the 1995 DOQQ aerial. Those buildings not present on the1995 DOQQ aerial were recorded. The total acreage of the parcels on which the buildings were built westward of the coastal setback lines and US 41 from 1995-2002 was then calculated. These calculations were made with the assumption that the entire parcel of land where a building stands was developed. Parcels where development other than the construction of buildings occurred were not included in the analysis. 2.25.15 2.26 Wellhead Protection - Administrative Arrangement A. Introduction & Background Collier County was created in 1923 by the Florida legislature from portions of Lee and Monroe Counties. Located in southwest Florida, Collier County is bordered by the Gulf of Mexico on the west, Lee County to the North, Miami-Dade and Broward counties to the east, and Monroe County to the south. The City of Naples, located in the western and coastal area of Collier County, is the largest of the three (3) incorporated cities in Collier County. The other two cities are Everglades City, located in the south central portion of the County; and, Marco Island, located in the southwestern portion of the County. Immokalee, an urban designated area within unincorporated Collier County is located in the northeastern portion of the County. Collier County comprises approximately 2,040 square miles of land and lies in an interesting geological location situated between the tropical and the temperate climate zones. Mankind's impact on South Florida ecosystem resources has been great, especially in the last century. Extensive drainage of natural wetlands and the rerouting of natural waterways have been compounded by massive population growth, which has led to the rapid development of this sensitive area. These factors highlight our need for a thorough knowledge of the distribution of water, an understanding of the effects of our activities on water availability and purity, and for long-range planning of water requirements. There is a rising political importance to freshwater and it will only grow in the years to come. In the future, the availability of potable water, more than any other factor in the future, will determine the number of humans who can live in any geographical province as well as determining their use of natural resources and overall lifestyle. In Collier County, the Surficial Aquifer System, which is representative of the Water Table Aquifer and Lower Tamiami Aquifer, extends approximately 100 feet below the surface, though in some areas it may be deeper or shallower. The Lower Tamiami Aquifer is the major potable water-producing unit in all of Collier County. Surface water that flows through the wetlands is in the water-table aquifer. The Intermediate Aquifer System, which presently serves as a lesser source of potable water, contains of the Sandstone Aquifer and the Mid-Hawthorn Aquifer. The Intermediate Aquifer System ranges between 100 feet and 400 feet below land surface. Surficial Aquifer System Intermediate Aquifer Surficiat Aquifer, Confining Layer Lower Tamiami Aquifer Layer 2 Layer 3 Confining Layer Layer Sandstone Layer Aqulfer Confining Layer Layer Mid -Hawthorn Aquffer Layer 7 Confining Layer Layer ~t Aquifer Layer Figure 1. Stratigraphy and hydrogeologic grouping of aquifers in the study area (based on Bennett et al, 1992) Extraction of groundwater can lead to a lowering of the water table, ground surface subsidence, and saltwater intrusion into aquifers in coastal areas. The importance of water as a source will inevitably grow as Collier County population increases with the subsequent impact of its quality. There is an increasing awareness for the need to leave major quantities of water for preservation of the environment. Pursuant to Florida Statute (§163.3402 F.S.), Collier County has adopted the Ground Water Protection Section 3.16 of the County's Land Development Code (LDC), which implements and is in conformity with the components of Collier County's adopted Growth Management Plan. The purpose of this regulation is to protect the public potable water supply wellfields from existing and future land use and surface activities. The Ground Water Protection Section 3.16 of the County's LDC establishes standards, regulations and procedures for the review and approval of existing and proposed development within the mapped wellfield protection zones in the unincorporated and incorporated areas of Collier County. Collier County identifies and protects natural groundwater aquifer recharge areas from activities that could degrade and/or contaminate the quality of groundwater (Figure 2). Note that the "Marco Lakes Wellfield" designation on Figure 2 is incorrect. 2.26.2 Ccaslal Pidge Wel!field (COk CS,`} One [I) Yeor Iravel lime Two !2) Yeor lrnvel time Fr,/e (,5') Year 'rrovel T~me Twenty (20} Ysor lravel Time For,da Cfiies We!II,eld (F(6GC) Collier CounN' Wellfie~d (Ci: COG) CI,on,gehee ¢iellfield (OT} -'i Easl Golden Oc~e Wellfietd (CON NOG) Vlarcu lakes We:If eld (FC MaR} [:verglades Cily' Welllie~d (EC) Imrnokolee WelUield (IWS IktE,INW,SE) Figure 2. Wellfield Protection Zones overlaid on Collier County Hydrology 2.26.3 This Evaluation and Appraisal Report (EAR) on Wellhead Protection was prepared in accordance with Florida Statute 163.3191, Evaluation and Appraisal of Comprehensive Plan. More specifically, the EAR includes an analysis of the social, economic and environmental impacts (§ 163.3191(2)(e) F.S.), linking the major issues to specific objectives found in the Conservation and Coastal Management Element of Collier County's Comprehensive Plan (§ 163.3191 (2)(g) F.S.). B-1. Identification of Specific Objectives from the Conservation and Coastal Management Element (CCME): OBJECTIVE 3.1: "Ground water quality shall meet all applicable Federal and State water quality standards by January 2002, and shall be maintained thereafter." Groundwater quality has not "always" met all applicable Federal and State water quality standards by January 2002 or thereafter. Due to local geological conditions, aquifer systems may have concentrations that exceed standards (Primary/Secondary Drinking Water Standards), that were established for Municipal Water Supply Utilities but also apply to the ground water under 62-520.420(1) F.A.C. When comparing these standards against untreated ground water, some exceedances (Total Dissolved Solids, Iron, Color, Manganese) have been detected on a somewhat regular basis (Table 1). These exceedances may be connected to local geological conditions that are naturally leaching these monitored constituents into the aquifer system. Occasionally exceedances in chromium and lead were detected that may be related to pollution sources (i.e. sewage, hazardous materials). No pattern has yet developed that would warrant a "Very Intensive Study" within the area of the monitoring well. The County will continue to monitor these wells for the purpose of enhancing water quality data and the possible need for further study. To eliminate or drastically reduce the impact point source pollution has on its ground water, Collier County has implemented numerous proactive and reactive programs designed to protect this valuable resource from man-made pollution sources. Collier County's Ground Water Protection Land Development Code (Section 3.16) is designed to control the location of land uses with the potential of releasing pollutants into the environment in close proxin-fity to Municipal Water Supply Wellfields. The County's Community Development & Environmental Services Division applies these criteria, with no variance to date, to all land use requests. Compliance inspection programs are being implemented to ensure that wastewater treatment plants, domestic sludge application sites, small businesses that generate or use hazardous materials, and petroleum storage tanks are operating in accordance with State and local regulations. To address releases of pollutants in Collier County, the County has established a strong working relationship with the Florida Department of Environmental Protection for the purpose of coordinating the cleanup of approved petroleum release sites (Petroleum Cleanup Contract) and to properly collect and dispose of abandoned hazardous materials reported to the County. 2,26.4 Well Number 1057 996 1097 1068 1059 984 1003 495 1058 985 1055 687 684 62-520.420(1 ) F.A.C. Depth (Feet) 10.5 2O 2O 25 25 4O 61 7O 8O 160 2OO 310 49O Table 1.0 Non-Potable Monitoring We~l Results, 1997 to 2002 Number of Analyses 118 117 118 100 36 121 216 144 118 118 117 36 53 Number of Potential Exceedances* 18 19 12 12 5 18 11 5 13 11 16 0 2.26.5 OBJECTIVE 3.2: "The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper Construction of wells and promote aquifer protection." The Collier County Engineering Department within the Community Development and Environmental Services Division has two full time Well Inspectors that perform onsite inspection of all new wells drilled in Collier County, with the exception of those new wells inspected by the State. This program has been in effect since 1988, when the South Florida Water Management District and Collier County entered into an agreement. During each inspection the inspector checks the well's casing and total depth, to ensure that the well meets State and County requirements. In addition please find attached a website that tracks those privately owned wells for which the County issues Well Construction Permits. !~ttp://www.colheraov.net/pollutioncontrol/wells/def'au It.cfm OBJECTIVE 3.3: "Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.)" An update to the 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields was completed March 2, 2003. This model has been used to update Wellfield Risk Management Zones located around Municipal Water Supply Wellfields; in accordance with Collier County's Land Development Code, Section 3.16 "Groundwater Protection." http://co.collier.fl.us/graphics/Zoning_Maps/Collier_County_Base_map.htm CollierO4.doc OBJECTIVE 3.4: "Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.)" Presently, Collier County collects and evaluates ground water data from thirteen (13) monitoring wells located throughout the County (Appendix 2.25A). In accordance with a Collier County / South Florida Water Management District Contract, the County also collects ground water samples for a base line monitoring study in the North Golden Gate Estates area. The Florida Department of Environmental Protection has not yet made available their trend assessment of this data, so it is not incorporated in this report. Another source of ground water monitoring data comes fi'om the monitoring of the County's municipal water supply wells. Ground water data 2.26.6 collected from Collier County's wellfield in 1999 indicate high sodium, total dissolved solid, chloride and hardness concentrations, all typical of local background water quality conditions within the lower Hawthorn Aquifer. For those wells in the Lower Tamiami Aquifer, the background water quality represented what is naturally found in that aquifer system. In addition to these sampling programs the Collier County Board of County Commissioners has recently approved a 50% Cost Share Grant (Contract Number C-15055) with the Big Cypress Basin Board and the South Florida Water Management District (SFWMD) designed to monitor ground water quality at 141 randomly selected, privately-owned potable water wells in Golden Gate Estates. The objective of this project is to generate a baseline set of groundwater quality data for Golden Gate Estates that will include a quantitative determination of contaminants that may have entered the ground water from various sources, such as septic tank systems, landscaping and agricultural activities and automobile repairs. Bid document attached. "04-3577 GG Ground Water Baseline Monit OBJECTIVE 9.2: "The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year." The fundamental principle of the Resources Conservation and Recovery Act (RCRA) is to promote the protection of human health and the environment from potential adverse effects of improper solid and hazardous waste management, conserve material and energy resources through waste recycling and recovery, and reduce or eliminate the generation of hazardous waste as expeditiously as possible. The core of the RCRA regulations establishes the "cradle to grave" hazardous waste regulatory program set forth in the 40 Code of Federal Regulations (CFR) through seven major sets of regulations (Parts 260 - 279 and 148). Collier County is working with the Florida Department of Environmental Protection to ensure that these Federal requirements are met. Through an Enhanced Compliance Assistance Verification Program, a "sideways management" approach has been implemented where two agencies work together to more efficiently address compliance issues. As a consequence of this enhanced program, there has been an improvement in the percentage of properly managed hazardous waste from 1998 (98.2%) to today (99.8%). This improvement better protects the environment from the release of hazardous wastes due to improper management practices. OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to hold its hazardous waste collection day at least once per year. The Collier County Solid Waste Department holds its household hazardous waste collection events several times throughout the year. In addition, the Solid Waste Department manages a Household Hazardous Waste Collection Center that is open to residents Tuesday through Friday (12:00 noon tilt 1:00 pm) and Saturday's (8:00 am till 12:00 noon). Limited household hazardous wastes (i.e. waste oil, antifreeze, fluorescent lamps, electronics, batteries and paints) are accepted at the County's three recycling centers during normal operating hours. 2.26.7 OBJECTIVE 9.4: "The County shall continue to implement its local storage tank compliance program." The Pollution Control & Prevention Department carries out annual routine compliance inspections, closure inspections, and installation inspections on all regulated storage tank facilities in Collier County. All records relating to fuel inventory, release detection, registration, insurance and repairs are checked to determine if any historical leaks have occurred. A certified non-compliance letter is issued to the facility owner/operator when a violation occurs and a written response is requested within 15 days for corrective actions to be taken. A non- compliance re-inspection is performed when the violations have been corrected, or 60 days have passed. Should there be no response or no corrective action, an enforcement case is prepared and referred to FDEP. The primary focus of the state and federal regulations governing these facilities is the prevention and control of leaking product into the groundwater. The Department carried out 2,344 inspections on aboveground and underground storage tanks between October 1, 1998, and September 30, 2003, with 1,799 violations cited. The average rate of compliance has increased from 88.8% to above 97% during this time frame. This increase in the rate of compliance reflects the ability of Collier County to prevent the possible contamination of the groundwater through citation of violations and extending assistance to the owner/operator of the facility in taking corrective actions. Enforcement against violators, when necessary, is taken through FDEP. 2.26.8 B-2: A Brief Summary of the Identified Objectives: Objective Objective 3.1, Conservation and Coastal Management Element: Ground water quality shall meet all applicable Federal and State water quality standards by January 2002, and shall be maintained thereafter. Target To ensure that groundwater quality "always" meets all applicable Federal and State water quality standards Conditions when Plan was adopted At the time this objective was adopted, the County had already established Collier County's Ground Water Protection Land Development Code (LDC) Division 3.16 in November, 1989 Current Conditions (1996-2003) · On average, each of the thirteen wells were sampled 109 times. o On average, each ofthe 13 wells was found with potential 11 exceedances. · The County's Community Development & Environmental Services Division applies these criteria, with n...~o variance to date, to all land use requests. Comments This is a good straightforward objective which should remain in the updated Comprehensive Plan However, To ensure that groundwater quality "always" meets all applicable Federal and State water quality standards by January 2002, it is not an obtainable objective. Due to local geological conditions, aquifer systems may have analyte concentrations that exceed standards (Primary/Secondary Drinking Water Standards) that were established for Municipal Water Supply Utilities. This unobtainable objective also applies to ground water under 62- 520.420(1) F.A.C. 2.26.9 Objective 3.2, Conservation and Coastal Management Element: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper Construction of wells and promote aquifer protection. To ensure proper Construction of wells and promote aquifer protection. At the time this objective was adopted, the County had already established Collier County's Well Construction Ordinance · December, 1989 Adoption of LDC, Division 3.6 * 1989-1991: contracts with the SFWMD for well abandonment · 1991, November: adoptions of LDC, Division 3.16 The County has implemented this objective with the constant vigilance of two full time Well Inspectors that perform onsite inspection of all new wells drilled in Collier County, with the exception of those new wells inspected by the State. This program has been in effect since 1988, when the South Florida Water Management District and Collier County entered into an agreement. During each inspection the inspector checks the well's casing and total depth, to ensure that the well meets State and County requirements. This is a good straightforward objective which should remain in the updated Comprehensive Plan 2.26.10 Objective Objective 3.3, Conservation and Coastal Management Element: Continue to identify, refine extents of, and map zones of influence and contribution around ~otable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. Objective 3.4, Conservation and Coastal Management Element: Collect and evaluate data and information designed to monitor Target Identify activities that must be regulated to protect ground water quality near wellfields. Monitor the quality of ground water for safe public consumption Conditions when Plan was adopted This was already a requirement of the County through the identification and mapping of the Zones of Concentration the basis for the Wellfield Protection Zones and the Groundwater Protection Ordinance Current Conditions (1996- 2003 The County has implemented this objective with usage of the 3-dimensiona computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. The software was updated for the purpose of making it user-friendlier and to ~rovide the contractor existing wellfield conditions that would allow him/her to update 3- D model. · Collier County has been and continues to collect and evaluate ground water data from thirteen (13) monitoring wells located throughout the County (Table 1). In accordance with a Collier County / South Florida Water Management District Contract, the County will collect ground water samples for a base line monitoring study in the North Golden Comments This is a good straightforward objective which should remain in the updated Comprehensive Plan An update to the 3- dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields was completed March 2, 2003. This model has been used to update Wellfield Risk Management Zones located around Municipal Water Supply Wellfields; in accordance with Collier County's Land Development Code, Section 3.16 "Groundwater Protection This is a good straightforward objective which should remain in the updated Comprehensive Plan · Ground water data collected from Collier County's wellfield in 1999 indicates that there was high sodium; total dissolved solid, chloride and hardness concentrations, which is typical of 2.26. I 1 Objective the quality of ground water in order to identify the need for additional protection measures. Objective 3.4, Conservation and Coastal Management Element, continued: Target Conditions when Plan was adopted Current Conditions (1996- 2003) Gate Estates area. · Another source of ground water monitoring data comes from the monitoring of the County's municipal water supply wells. Comments local background water quality conditions within the lower Hawthorn Aquifer. · For those wells in the Lower Tamiami Aquifer, the background water quality represented what is typically found in that aquifer system. · In addition to these sampling programs the Collier County Board of County Commissioners has recently approved a 50% Cost Share Grant (Contract Number C-15055) with the Big Cypress Basin Board and the South Florida Water Management District (SFVVMD) designed to monitor ground water quality at 141 randomly selected, privately-owned potable water wells in Golden Gate Estates. The objective of this project is to generate a baseline set of groundwater quality data for Golden Gate Estates that will include a quantitative determination of contaminants that 2.26.12 Objective Target Conditions when Plan was adopted Current Conditions (1996- 2003) Comments may have entered the ground water from septic tank systems, landscaping and agricultural activities, and automobile repairs. · The Florida Department of Environmental Protection has not yet made available their trend assessment of this data, so it is not incorporated in this EAR Report. 2.26.13 Objective Objective 9.2, Conservation and Coastal Management Element The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year Target To promote the protection of human health and the environment from potential adverse effects of improper solid and hazardous waste management, conserve material and energy resources through waste recycling and recovery, and reduce or eliminate the generation of hazardous waste as expeditiously as possible. Conditions when Plan was adopted · This was already a requirement of the County · 9,991 verification inspections were accomplished by September 30, 1992 · As of 1996, 2,915 inspections have been accomplished. Current Conditions (1996- 2003) o Collier County has been working with the Florida Department of Environmental Protection to ensure that these Federal requirements are met. · Through an Enhanced Compliance Assistance Verification Program, a "sideways management" approach has been implemented where two agencies work together to more efficiently address noncompliant issues. As a consequence of this enhanced program, there has been an improvement in the percentage of properly managed hazardous waste from 1998 (98.2%) to today (99.8%). Comments This is a good, straightforward objective which , should remain in the updated Comprehensive Plan 2.26.14 Objective 9.3, Conservation and Coastal Management Element The Collier County Solid Waste Department shall continue to hold its hazardous waste collection day at least once per year. Prevent public, through a purely voluntary program, from illegally dumping household hazardous waste into the County's landfill and eventual water supply This was already a requirement of the County Household Hazardous Waste: a hazardous waste collection day has occurred annually from 1988 through 1996. In addition, a household hazardous waste collection facility is open every Saturday morning. Business generated hazardous waste: quarterly collections are available to the businesses at a fee. This is a good, straightforward objective which should remain in the updated Comprehensive Plan 2.26.15 Objective Objective 9.4, Conservation and Coastal Management Element Target Conditions when Plan was adopted Level of To implement its local storage tank compliance program to prevent groundwater contamination achievement is regulated by contract on a quantity basis with 100% completion scheduled for the end of the contract year Current Conditions (1996-2003) · The Pollution Control & Prevention Department carries out annual routine compliance inspections, closure inspections, and installation inspections on all regulated storage tank facilities in Collier County. · All records relating to fuel inventory, release detection, registration, insurance and repairs are checked to determine if any historical leaks have occurred. A certified non- compliance letter is issued to the facility owner/operator when a violation occurs and a written response is requested within 15 days for corrective actions to be taken. · A non- compliance re- inspection is performed when the violations have been corrected, or 60 days have passed. Should there be no response or no corrective action, an enforcement Comments This is a good, straightforward objective which should remain in the updated Comprehensive Plan Current Objective Target Conditions when Conditions Comments Plan was adopted (1996-2003) case is prepared and referred to FDEP. · The Pollution Control & Prevention Department carried out 2,344 inspections on aboveground and underground storage tanks between October 1, 1998, and September 30, 2003, with 1,799 violations cited. The average rate of compliance has increased from 88.8% to above 97% during this time frame. C. Data Assessment - please refer to Section B-1: Identification of Specific Objectives from the Conservation and Coastal Management Element D. Objective Achievement Analysis - please refer to Section B-2, A Brief Summary of the Identified Objectives from the Conservation and Coastal Management Element E. Conclusion Based on the occasional exceedances in chromium and lead that were detected from the random water samples taken over the past seven years, it may be related to a whole host of both non- point and point pollution sources throughout the County, such as sewage and hazardous materials. However, there has been no "trend pattern" that has yet to develop, which would warrant a "very intensive study" within the spatial proximity of the geographic area consisting of the thirteen monitoring wells. Overall, the low number of excedences in general indicates that the CCME's Objectives 3.1, 3.3 and 3.4 has been partially achieved. Statistically speaking, the thirteen-groundwater monitoring wells are insignificant in providing definitive conclusions to the overall groundwater quality standards for a county that is approximately 2,040 square miles in size. The County will need to address this issue through more funding, manpower and assistance from federal and state agencies, such as the Florida Department of Environmental Protection. In the meantime, the County's Pollution Control and Prevention Department, Big Cypress Basin Board and the South Florida Water Management District has embarked upon an ambitious program to establish a baseline set of groundwater quality data for Golden Gate Estates, that is approximately 93 square miles, which will include quantitative determination of contaminants that may have entered the groundwater from septic systems, landscaping and agricultural 2.26.17 activities, and mechanical work resulting in the release of chlorinated solvents or petroleum products into the groundwater. As for the issue of hazardous products posing as an indirect or direct threat to the County's groundwater supply, the County has pursued compliance in the proper management of petroleum product through a very effective compliance and enforcement program. To give an indication of how serious the County has been on this issue, the County issued 1,799 violations between October 1, 1998 and September 30, 2003, yet it has seen an outstanding average of rate compliance increase from 88.8% to above 97%, during this time frame. In addition Collier County has enhanced its effectiveness to ensure hazardous wastes are properly managed County wide, through the implementation of an Enhanced Compliance Assistance Verification Program partnership with the Florida Department of Environmental Protection. Since the implementation of this program there has been a recorded increase in hazardous waste compliance; from 1998 (98.2%) to today (99.8%). These improvements better protect the environment from the release of hazardous products/wastes due to improper management practices. F. Specific Policy Relevance The County will propose specific EAR based amendments to modify Wellhead Protection Objectives. For example, see CCMe Objective 3.1 below: CCME~ Ob. iective 3.1 This is not an obtainable objective. Due to local geological conditions, aquifer systems may have analyte concentrations that exceed standards (Primary/Secondary Drinking Water Standards) that were established for Municipal Water Supply Utilities. This unobtainable objective also applies to ground water under 62-520.420(1) F.A.C. To make this objective more attainable, this objective should be reworded. In addition, EAR based amendments may be drafted where Wellhead Protection Objectives have been partially achieved. 2.26.18 T 46 S T 47 S T 48 S T 49 S T 5~J S T 5~ S T 52 S T 53 S /r,~uno~ ~P~O Hendr,y'County' f I s~x I so~z L s~z L s~z 2o26o19 2.27: Urban Development Pattern - Extent of Redevelopment within the CRAs A. Introduction and Background On March 14, 2000 the Board of County Commissioners (BCC) adopted Resolution 2000-82, determining that two areas in unincorporated Collier County suffered from conditions of blight, as defined in Section 163.340 (8) of Florida Statutes. According to the Board, "the rehabilitation, conservation or redevelopment, or a combination thereof is necessary in. the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida." As a result of this finding, Resolution 2000-83 was adopted establishing the Collier County Community Redevelopment Agency (CRA), which, in accordance with Section 163.357 of Florida Statutes, declared the Board of County Commissioners the CRA Board. This resolution also provided for the creation of two advisory boards for each of the newly designated community redevelopment areas--the Bayshore/Gateway Triangle area and the Immokalee area--to be composed of citizens, residents, property owners and business owners (or persons engaged in business) in these areas. On May 23, 2000 the Collier County CRA met for the first time. As required by State Statute, a redevelopment plan that provided a fl'amework for the effective redevelopment of the Community Redevelopment Area was eventually prepared and presented to the Collier County Planning Commission, the CRA Board, and the Board of County Commissioners. The BCC adopted the Collier County Community Redevelopment Plan, as set forth in Resolution 2000-181, on June 13, 2000. The Plan outlined goals for each community redevelopment area and recognized several funding sources for their implementation, including the use of Tax Increment Financing (TIF). Overview and Accomplishments of Redevelopment Areas As stated, two areas in unincorporated Collier County received Community Redevelopment Area designation. The following is an overview of each of the areas, and a summary of their redevelopment objectives, as defined in the Redevelopment Plan: The Bayshore/Gatewa¥ CRA In the Bayshore/Gateway redevelopment area, two communities are targeted: (1) the Bayshore community and (2) the Gateway Triangle community. These two areas are adjacent to one another but divided by U.S. 41, a six-lane divided highway. This major, regional arterial links the redevelopment area to the east coast of Florida, and the City of Naples' highly successful 5th Avenue redevelopment project to the west (See Map 1). The area is less than one mile to the beaches of the Gulf of Mexico further to the west, to which the Bayshore community has direct access. However, in spite of this seemingly ideal location, neither of these communities ever managed to redevelop on its own. 2.27.1 BA YSNORE / GATEWAY Tt~IAI~GLE REDEVELO?MENT AREA Ng~'~ f:O~S/ __ 2.27.2 Programs and Incentives The most significant redevelopment objectives of the Bayshore/Gateway CRA are being accomplished through a variety of programs, services, and funds provided to encourageprivate investment in the area. The special incentives created by the CRA, for which new and existing businesses and residents may be eligible, include the following: 1. The Bayshore Drive Mixed Use Zoning Overlay This overlay, developed between 2000-01, was the first within the redevelopment area and established zoning principles designed to change the suburban corridor into a vibrant main street with numerous residential possibilities. The overlay provides for the following criteria: A maximum of 12 units per acre for approved projects. · Flexible commercial standards to produce mixed use buildings. · Flexible residential standards to allow for larger lot coverage while also establishing a traditional neighborhood design for all residential projects that allows for the redevelopment/expansion of current marinas. · A waterfront subdistrict. 2. Site Improvement Grants Site Improvement Grants provide up to 50% of the total cost of site improvements, up to a maximum of $8000. As of the writing this report, disbursable funds available for this program total approximately $48,000. As of November 2003 there have been two grant cycles: · The first grant cycle had three applicants, two commercial and one residential. Among these, one applicant has finished all improvements and received reimbursement monies. · The second grant cycle has just begun, and there are presently 8 applicants who are slated to receive reimbursement monies (3 commercial, 5 residential). 3. Impact Fee Assistance Grants These grants provide up to 50% of the total impact fees for a project, depending upon the total funds available. · In November 2003, an application from CVS Pharmacy was the first approved. As a result, the company will be reimbursed $24,000 for impact fees paid to the County. 4. Other Programs and Incentives Although not yet adopted, additional redevelopment incentives, such as enhancements to the fast track permitting program, are also being considered. To complement the redevelopment efforts of the CRA, several other state and local programs have been initiated in the Bayshore/Gateway redevelopment area. These include capital improvement, policy, and community-led programs such as: Roadway beautification pro. jects, including median landscaping along ma. jot arterials in the designated area. 2.27.3 · Special Growth Management Plan designation providing for mixed-use and higher densities. Stormwater and drainage improvements, including an engineering study for dredging Haldeman Creek to improve boat access. All these strategies have been designed and implemented to provide greater flexibility in meeting commercial and residential redevelopment goals. Additional Accomplishments and Activities In addition to the aforementioned programs and incentives, the following redevelopment accomplishments and activities have occurred since the inception of the Bayshore/Gateway CRA: 2002 · Creation of an urban design planner position to help facilitate programs within the entire Collier County CRA ($15,000 a year was provided for funding of this position). · Creation of a marketing brochure. · Approval of a CDBG in the amount of $379,000 for stormwater improvements on Linwood Avenue. · Approval from the CRA Board to support the creation of an annual art festival. · Modification of the Bayshore Drive Mixed Use Zoning Overlay. 20O3 Expansion of the Advisory Board from 7 to 9 members. · Hiring of HDR, INC. to develop a comprehensive zoning overlay to cover the entire Bayshore/Gateway Triangle Redevelopment Area. (approximately $340,000). · Expansion of the Bayshore Drive Mixed Use Zoning Overlay (to cover the entire Bayshore portion of the redevelopment area). · Pending approval by the CRA Board for the creation of an Executive Director position. The Immokalee CRA Unlike the Bayshore/Gateway area, the Immokalee redevelopment area has been relatively isolated fi'om the coastal portion of the county both geographically and demographically (See Map 2). Like the rest of rural Southwest Florida, Immokalee's economic development has been based on its agricultural resources, which have enabled the area to become the leading producer of winter vegetables in the United States. However, this economy has also brought social problems associated with low wages, an unskilled labor force, and a seasonal, transient, multicultural population. One of the results of these unique conditions has been a lack of reinvestment in the area. h~mokalee Rede~'elop~'~e~t A rer~ PI~ The Immokalee Redevelopment Area Plan was formulated in close cooperation with the residents of Immokalee, and was based on objectives identified by community members 2.27.4 in a series of public workshops. According to tt'e community during the course of these workshops, the four main areas of concern were: Diversification of the economic base by focusing on agricultural production, processing and research; industrial development, including manufacturing, distribution and aviation services; and nature tourism. Provision of safe, affordable housing to all area residents. Enhancing the perception of the community as a safe, friendly, and family-oriented small town. · Making both education and training accessible and appropriate. IMMOKALEE COMMUNITY REDEVELOPMENT AREA 26 25 ~0 2t3 27 26 25 I 50 36 -RAFFC~,C These objectives were subsequently translated into Redevelopment Area Goals that were designed to guide the physical and economic revitalization of the Lmmokalee community. The goals were also meant to capitalize on existing programs such as the Main Street Program and the federal Enterprise Community designation (described below), as well as community assets such as the Regional Airport Industrial Park and Lake Trafford, among others. Programs Below is a summary of the programs at work in Immokalee that assist with the implementation of the area's Redevelopment Plan and create catalysts for the community's revitalization. 2.27.5 1. Immokalee Main Street In 1996, Immokalee applied for and was selected as one of Florida's "Main Streets." From 1996-1999, utilizing the national VISTA (Volunteers in Service To America) program to coordinate its projects, the Immokalee Main Street program successfully carried out the following projects: three downtown Clean Ups; a Facade Grant Program that assisted nine businesses with design services and grant funds to renovate their buildings; a successful gift brick fund-raising campaign raising approximately $23,000; organization of The Friends of Roberts Ranch; and a partnership with The Community Foundation of Collier County to apply for the second round of the Federal Empowerment Zone/Enterprise Community designation. In 1999, the Immokalee Main Street received a Certificate of Achievement at the Florida Redevelopment Association's Annual Redevelopment Awards Program for its management programs and creative partnerships. Unfortunately, due primarily to a re-allocation of staff resources, the Main Street program gradually became relatively inactive in recent years. However, as a result of renewed interest on the part of the CRA this year, the program is presently being reconsidered as a tool to assist with the return of the downtown area into a sustainable activity center, primarily through fagade improvements. 2. "Building Immokalee Together" In 1994, the Immokalee Foundation made an application to the USDA for federal Empowerment Zone/Enterprise Community status, referring to their application as "Building Immokalee Together." Comprised of three volumes, it included a proposed strategic plan, a vision of the community, and an assessment of the area. Through this application, Immokalee was designated a "Champion Community." In 1999, this application was revised through a joint effort by County staff and the Community Foundation, whereby hnmokalee (along with parts of eastern Hendry County and the Seminole Trib_e.._._o....f..._.F.j~r~da) was awarded Rural Federal Enterprise Community designation. The Empowerment Alliance of Southwest Florida, a local non-profit organization, is the lead entity in this effort, and consistently shows great success in leveraging funds to promote training programs in Immokalee as well to provide affordable housing alternatives for Immokalee residents. 3. hnmokalee Enterprise Zone Immokalee was designated a Florida Enterprise Zone in 1997. This program provides tax credits and sales tax refunds to businesses and homeowners located within the geographic boundary of the Zone. Since its designation, over 25 Immokalee businesses and a few homeowners have received more than $500,000 in tax refunds and credits. The Zone boundary was expanded in 1999 to include those areas within the newly designated Rural Federal Enterprise Community. 4. bnmokalee Weed & Seed The U.S. Department of Justice designated Immokalee a Weed & Seed community in 2001. South Imlnokalee and the area of Eden Park are targeted as places to "weed out" criminal elements and "seed in' positive activities, such as safe havens and other social services. There are several groups involved with this program, as well as a very active 2.27.6 Steering Committee comprised of residents living within the Weed & Seed area. At the most recent community awareness event, over 300 residents and volunteers were in attendance. 5. Foreign Trade Zone #213 Comprising 60 acres within the Immokalee Airport Industrial Park, the Foreign Trade Zone (FTZ) is a financial benefit for firms importing products into the U.S., as goods can be held in the FTZ and not assessed customs duty until released into the U.S. market or are: 1) re-exported, or 2) damaged and returned to sender. Unfortunately, no companies have yet utilized the FTZ. However, the Collier County Airport Authority and the Economic Development Council of Collier County have recently completed a marketing program to attract firms that could benefit from the Zone. 6. Foreign Entrepreneurial Investment Zone This program works to the benefit of foreign investors who are interested in establishing a business in the U.S. According to the terms of the program, the owner's financial threshold to gain permanent U.S. residency is significantly lowered over 2 years, from $2-3 million to only $500,000. Although no companies have yet utilized this program, many South American companies have expressed strong interest in the past several years. 7. NADBank Communi~_ Adiustment & Investment Program By way of waiving the points assessed to loan packages, this program offers low-cost financing through the Small Business Administration (SBA) and the United States Department of Agriculture (USDA) to businesses expanding or relocating to Immokalee. To date several companies have expressed interest in pursuing this program, but none have qualified. 8. HUBZone Immokalee, as well as several other areas in Collier County, received HUBZone designation from the SBA. Defined as a "historically underutilized business zone," a HUBZone provides for federal contracting opportunities to small businesses located within these areas. Typically, the SBA increases its guaranty on surety bonds making it easier for HUBZone companies to compete for government and private sector contracts. Thus far, only one company in Immokalee has taken advantage of this program. 9. Front Porch Florida This initiative, lead by Governor Bush, is designed to provide designated communities the means by which to "take back" their neighborhoods. Based upon its Action Plan, South hnmokalee was granted this designation in 2001. Once fully implemented, the Plan is intended to create sustainable community change resulting in physical and social improvements. Furthermore, because of this designation, the community is automatically eligible to receive funding from a number of state and private sources. A dctitiona I A ccon~p lishmen ts an d A cti vities The goals of the Immokalee Redevelopment Plan are dividecl into phases, which focus on specific activities and become more general ir~to the future. Each phase of activities 2.27.7 attempt to build upon the successful outcome of earlier phases. Below are several of the goals of the Plan that have been accomplished since the inception of the Immokalee CRA: 2002 · Community Development Block Grant in the amount of $60,000 for street light improvements. · $15,000 toward drainage improvements on 5th Street. · Public infrastructure improvements up to $200,000 on l0th Street and Clifton. · Funding for 40 single-family homes in South Immokalee secured by the Empowerment Alliance. · USDA funds were acquired to build dorm-style apartments in South Immokalee secured by Collier County Housing Authority. 2003 · Immokalee Housing Initiative Phase I (mobile home park Site Improvement Plan submission) completed. · Immokalee Housing Initiative Phase II (a survey of the community's approximately 5000 housing units to determine their actual condition) presently underway. · Approximately $3500 allocated in SHIP funds and $350 in HOME funds · The "Lesser Study" promoted by the Immokalee Community Development Corporation and funded by CRA TIF funds to identify and/or develop economic incentives for the area. · County Board approval of a Residential Impact Fee Deferral Program for Immokalee that will postpone payment of impact fees until a home is sold, transferred or refinanced (on owner-occupied units only, valued at $175,000 or less). Recommendations Collier County recommends continued implementation of the Collier County Community Redevelopment Plan, as set forth in Resolution No. 2000-181. 2.27.8 2.28 Urban Development Pattern - Neighborhood Commercial A. Introduction and Background: In accordance with the Letter of Understanding between Collier County and the Florida Department of Community Affairs (DCA), the Evaluation & Appraisal Report is required to assess whether the lack of neighborhood (small-scale) commercial uses has prevented achievement of planning objectives related to mixed-use development. Currently, the Collier County Future Land Use Element (FLUE) contains no specific provisions for neighborhood-scale commercial development. Where such development occurs it either pre-dates adoption of the 1989 Growth Management Plan (GMP) or is within a particular future land use designation, such as a District or Subdistrict. In the latter instance, the neighborhood commercial development is usually part of a Planned Unit Development (PUD). Any of the FLUE's commercial future land use designations would allow neighborhood- scale commercial uses as part of a larger mixed-use development. However, the following subdistricts allow "stand-alone" neighborhood-scale commercial uses subject to specific criteria: PUD Neighborhood Village (',enter Subdistrict, Office and Infill Comnmrcial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Buckley Mixed Use Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict and the Rural Commercial Subdistrict. The Golden Gate Area Master Plan Element (GGAMP) is much more restrictive than the FLUE with regard to commercial development. However~ all of the commercial designations within the GGAMP would allow neighborhood commercial uses and are, for the most part, restricted to such uses. The [mmokalee Area Master Plan (LAMP) allows neighborhood-scale commercial development within certain designated areas. Both the IAMP and the GGAMP recognize certain areas as having pre-1989 commercial uses, including those of a neighborhood scale. Recently, the County amended the text of the Traditional Neighborhood Design Subdish-ic~ in order to make this designation more attractive to small-scale commercial development, B. Objective Analysis: Objective 1 of the FLUE provides for smalhscale and mixed-use development: Objective 1: Unle:,q oiherwise permitted in this Orowth Management Plau, new o~' re¥ised uses of land shall be coixsistent xx,dth designatio~ns outlined en the [:utttre I_.and Usc Map, Thc Ft~ttu'e 2 28~A Co Laz~ct Use Map and companion Future Land Use Designations, District: and Sub-districts shall be binding on all Developmenl Orders effective wilh the adoption of this Growth Managen~tent Plan. Standards and permitted uses for each Future Land Use District and Sub&strict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future [,and tJse Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land-Use Designation shall include Future Land Use Districts and Subdistricts for: mo URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Sub&strict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Colnmercial Infill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Henderson Creek Mixed-Use Subdistrict 12, Research and Technology Park Subdistrict 13. Bucktey Mixed-Use Subdistrict 14, Commercial Mixed Use Subdistrict B. URBAN - COMMERCIAL DISTRICT Mixed Use Activity Center Subdisirict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infil/Suoctistric~ 4, Business Park Subclistric~ 5. Research and Technology Park Subdistric~ 1,ivingston Road/Eaton;rood I_,ane Commercial [nfill Subdistricl 7. Livingston Road Commercial Infill Subdistrict $. Commercial Mixed Use. Sul0district URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistric~ 2. Resea:ch ',md TecI:~nology Part< Subclistric~ Policy 1,2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAL/RURAL- MIXED USE DISTRICT t. Rural Commercial Subdistrict B. RURAL FRINGE MIXED USE DISTRICT C. RURAL- INDUSTRIAL DISTRICT D. RURAL- SETTLEMENT AREA DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan, Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay Natural Resource Protection Area Overlays D, Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore/Gateway Triangle Redevelopment Overlay G Coastal High Hazard Area Boundary H. Traffic Congestion Area Boundary I, Incorporated Areas C. Data Assessment: As a whole, the Collier C, ounty Growth Management Plan (GMP) is restrictive to neighborhood-scale commercial developmem~ Such development, when it occurs;, is either rept'esentative of pre- 1989 commercial zoning or is part of a commercial or mixed- use Planning District or Sub-District. The GMP contains no provision that would allow' the establishment oF a commercial use within an existing residenlial tneighborhood, D. Objective Achievement Analysis: ©eneral :tllowance fo~ com~nercial uses is co~tained within Objective I of the Future Land Usc Element. Both the GGAMP and 1AMP also allow commercial uses, and t'he latter E!,:'~ei~[ has specif'/c' crite~'ia [or neighborhood commercitll t~scs (see Sectio~ 1.5.J 2 ,2?, Designation oi the Golden (Date Area Master Plan was recently expanded to allow the establishment of a greater nnmber of commercial sites wilhin Golden Gate Estates (see Sections 1.5.I and 2.31 of this report), However, the greater portion of the Estates Area is still devoid of commercial uses, E. Conclusion: Collier County offers only very limited opportunities for the establishment of new neighborhood commercial zoning, The County would benefit from the creation of "stand-alone" commercial rezoning opportunities~ F. Recommendation: The EAR-Based Amendments should include new provisions, within the Future Land Use Element, the Golden Gate Area Master Plan and the Immokalee Area Master Plan, that would allow the siting of neighborhood-scale commercial uses at suitable locations in or near residential areas. Such uses should be allowed, under appropriate conditions and siting criteria, independent of specific commercial or mixed-use districts or sub- districts. 2.29 Industrial/Commercial Locational Criteria A. Introduction and Background The demand projections conducted for the 1995 Evaluation and Appraisal Report showed that county-wide there was sufficient industrial land until the year 2020; however, when the demand projections were separated by area (Coastal Area and Immokalee Area) the results showed that there may be a demand for additional industrial by 2010 in the Coastal Area. In May of 2001, the Economic Development Council (EDC) of Collier County began meeting with Planning Services staff to discuss issues related to the adequate provision of lands for the EDC's high tech target industries. As a result, staff conducted an Industrial Inventory and found there were a limited number of parcels remaining in the Coastal Urban Area that meet the location criteria for Business Park Subdistrict. In response Planning Services Department staff drafted prelim/nary language for a new land use provision to address incentives from a land use perspective and provide additional incentives and opportunities for the development of industrial uses and world'orce housing within the County's Coastal Urban Area. In 2002 the County adopted an amendment to the Future Land Use Element of the Growth Management Plan to add the "Research and Technology Park Subdistrict". The intent of this subdistrict is not to replace the existing "Industrial" District and "Business Park" Subdistrict, but to provide an additional alternative and incentive to land owners seeking to develop limited available land within the Coastal Urban Area. The Research and Technology Park Subdistrict also includes locational criteria that provides incentives for the provision of work force housing by allowing the Park to be located adjacent to residential uses or zoning. B. Identification of specific "language" from the Future Land Use Element: Research and Technology Park Subdistrict: The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation/aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non-industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the folloxving general conditions: 2.29.1 Co co Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of square footage for residential development, may contain non-target industry uses of the type identified in Paragraph d below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. Similarly, a minimum of 60% of the total building square footage, exclusive of square footage for residential development, shall be devoted to target industry uses identified in Paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance so as to demonstrate compliance with this requirement. Access to arterial and collector road systems shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry, and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site resem'ch; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. Non-target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology P~trk is located in the Urban Commercial District or 2.29.2 Urban-Mixed Use District, the industrial uses shall be limited to those target industry uses. ThePlanned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. f. Research and Technology Parks must be a minimum of 19 acres in size. ko Research and Technology Parks located within Interchange Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interchange Activity Center Subdistrict for commercial and industrial land uses. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. Building permits for non-target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. n. Research and Technology Parks must be compatible with surrounding land uses. 2.29.3 o. Research and Technology Parks must utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban-Mixed Use District is 1000 acres, exclusive of open space and conservation areas. C. Data Assessment: The Urban Industrial District is reserved primarily for industrial type uses and comprises of approximately 2,200 acres. In addition, there are two Subdistricts within Urban- Industrial District 1). Business Park Subdistrict and, 2). Research and Technology Park Subdistrict. Business Park Subdistrict: Allows a maximum of 500 acres to rezone via the Business Park Subdistrict, to date, there have been two request for rezones under this subdistrict comprising of 78.38 acres. o Research and Technology Park Subdistrict: Allows maximum of 1,000 acres to rezone via the Research and Technology Park Subdistrict, to date, there has been one rezone request under this subdistrict comprising of 19.3 acres. A detailed Industrial Land Use Study was conducted by staff, which displays data on industrial development within each of Collier County's Planning Communities (see Exhibit A). As part of the Industrial Study, a list was developed of vacant properties along arterials and collectors, 35 acres or more, with existing zoning, size and location noted (see Exhibit B). These properties, all over 35 acres may, provide opportunity for development as "Research and Technology Parks. Currently there are a limited number of parcels within the Coastal Urban Area that the acreage and locational criteria for a Business Park, allowing Research and Technology Parks to locate along roadways classified as collectors as well as arterials, the number of potential locations expanded to a total of 54 parcels. Attached and incorporated herewith you will find the following Exhibits: A. Industrial Inventory by Planning Community B. Vacant Acreage in Urban Boundary 35 acres or less C. Planning Community Summary D. Did we achieve the desired effect: The provision of additional incentives and opportunities for the development of industrial uses and workforce housing within the County's Coastal Urban Area has been achieved through the implementation of a new subdistric! ("Research and Technolo2_y Park 2.29.4 Subdistrict") and will only assist to further realize Collier County's mixed-use planning strategies. E. Conclusion: Staff will continue to monitor industrial development within Collier County to ensure the industrial inventory meets the demands of its growing population. 2.29.5 EXHIBIT A '" 2003 COLLIER COUNTY COMMERCIAL INVENTORY 00000000000000000000 '-'> > > > > >~ > > > > ~ > > > > > ~ooooooooooooooooo~ z oo~ 888888°~888 666666666 ddddd~ddd dddd~d ~ ZZZZ~ZZZZZ I ZZZZZZZZZZZZ ~d~dddddd ' ZZZZZZZZZ zz Z $ooooo~$ ~ ~ ~ o ooooo~oooooooooooooooooooooooo~$~~R~$~ qqqq~q~ oooo =OoOOoj~°~~ ~ oooo oooo ~ ~ oooo~oo ~oo ~oooog~oo Jddddddbdddd dddddddddd;d;dddd jdddJddddddddd ~& ~ o o o o ~ ~o ~ ~, Z~ mc6~ ~"o n" n'" ~ u~ n~ ~ '-- ~' ~. oo~ 666 EEEE ddddddddd ' ddd ~88~8oo888°°°o8 ~o ~ --666-6---(5 .... 6 .... 8o°8 ._o ._~ ._o ~ ~. > > > -~ E oo ~o~8~88 88 ~8 ~o8 0 0 0 0 I 0 0 0 0 0 0 00000 0 0 o~_ {D .r.-- 0 C' LLI '1 0~000o~~0~0~00~ ZZZZ~ 0000000 ..... 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Introduction and Background The demand projections conducted for the 1995 Evaluation and Appraisal Report showed that county-wide there was sufficient industrial land until the year 2020; however, when the demand projections were separated by area (Coastal Area and Immokalee Area the results showed that there may be a demand for additional industrial by 2010 in the Coastal Area. In May of 2001, the Economic Development Council (EDC) of Collier County began meeting with Planning Services staff to discuss issues related to the adequate provision of lands for the EDC's high tech target industries. As a result, staff conducted an Industrial Inventory and found there were a limited number of parcels remaining in the Coastal Urban Area that meet the location criteria for Business Park Subdistrict. In response Planning Services Department staff drafted preliminary language for a new land use provision to address incentives from a land use perspective and provide additional incentives and opportunities for the development of industrial uses and workforce housing within the County's Coastal Urban Area. In 2002 the County adopted an amendment to the Future Land Use Element of the Growth Management Plan to add the "Research and Technology Park Subdistrict". The intent of this subdistrict is not to replace the existing "Industrial" District and "Business Park" Subdistrict, but to provide an additional alternative and incentive to land owners seeking to develop limited available land within the Coastal Urban Area. The Research and Technology Park Subdistrict also includes locational criteria that provides incentives for the provision of work force housing by allowing the Park to be located adjacent to residential uses or zoning. B. Identification of specific "language" from the Future Land Use Element: Research and Technoloq¥ Park Subdistrict (new): The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation/aerospace industry, health technology industry, information technology industry, and light, Iow environmental impact manufacturing industry and non-industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of square footage for residential development, may contain non-target industry uses of the type identified in Paragraph d below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. Similarly, a minimum of 60% of the total building square footage, exclusive of square footage for residential development, shall be devoted to target industry uses identified in Paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance so as to demonstrate compliance with this requirement. b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. c. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry, and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. d. Non-target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices e. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. f. Research and Technology Parks must be a minimum of 19 acres in size. g. Research and Technology Parks located within Interchange Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interchange Activity Center Subdistrict for commercial and industrial land uses. h. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. j. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. 1. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. m. Building permits for non-target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the fa:st building permit for a target industry use. n. Research and Technology Parks must be compatible with surrounding land uses. o. Research and Technology Parks must utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban-Mixed Use District is 1000 acres, exclusive of open space and conservation areas. C. Data Assessment: The Urban Industrial District is reserved primarily for industrial type uses and comprises of approximately 2,200 acres. In addition, there are two Subdistricts within Urban-Industrial District 1). Business Park Subdistrict and, 2). Research and Technology Park Subdistrict. 1. Business Park Subdistrict: Allows a maximum of 500 acres to rezone via the Business Park Subdistrict, to date, there have been two request for rezones under this subdistrict comprising of 78.38 acres. 2. Research and Technology Park Subdistrict: Allows maximum of 1,000 acres to rezone via the Research and Technology Park Subdistrict, to date, there has been one rezone request under this subdistrict comprising of 19.3 acres. A detailed Industrial Land Use Study was conducted by staff, which displays data on industrial development within each of Collier County's Planning Communities (see Exhibit A). As part of the Industrial Study, a list was developed of vacant properties along arterials and collectors, 35 acres or more, with existing zoning, size and location noted (see Exhibit B). These properties, all over 35 acres may, provide opportunity for development as "Research and Technology Parks. Currently there are a limited number of parcels within the Coastal Urban Area that the acreage and locational criteria for a Business Park, allowing Research and Technology Parks to locate along roadways classified as collectors as well as arterials, the number of potential locations expanded to a total of 54 parcels. Attached and incorporated herewith you will find the following Exhibits: A. Industrial Inventory by Planning Community B. Vacant Acreage in Urban Boundary 35 acres or less C. Planning Community Summary D. Did we achieve the desired effect: The provision of additional incentives and opportunities for the development of industrial uses and workforce housing within the County's Coastal Urban Area has been achieved through the implementation of a new subdistrict ("Research and Technology Park Subdistrict") and will only assist to further realize Collier County's mixed-use planning strategies. E. Conclusion: Staff will continue to monitor industrial development within Collier County to ensure the industrial inventory meets the demands of its growing population. EXHIBIT A COLLIER COUNTY INDUSTRIAL INVENTORY h- Z LU 0 0 0 -3 -3 .-I ILl 0 0 Z Z o z ~ .-I r,' I-- IAI 0 Z Z z o I.- Z 0 C) W C~ I- n~ w _m × © n W 0 W UJ uJ UJ 0 r~ o 0 Z 04o N Z 0 N LU 0 0 n" L~ ~ · u_ rr 0 I-- Z Z Z I"- 0 0 L~ 0 L~ W 0 [~ n W 0 :'°z Z~ I- Z uJ Z Z I- Z LU < © _J 0 ~.~ Z ~- Z o ~ Z Z C ~r- Z 0 0 O~ o W UJ o _J L~J O_ © N © W W W o ri= i J_ o ~o WW o 0 0 0 o 0 c~ 0 n- W W n- W W W W C~ © LIJ }- W © 0 I"- Z UJ LU 0 000000 Oi 000000 zI z 0 LU 0 0 ~J LLI 0 LLI 0 ~q 0 LLI 0 LU 0 EXHIBIT B INDUSTRIAL STUDY (VACANT ACREAGE WITHIN URBAN BOUNDARY STUDY) EXHIBIT C INDUSTRIAL INVENTORY (PLANNING COMMUNITY) COLLIER COUNTY 2001 INDUSTRIAL INVENTORY Total Collier County Industrial Compilation by Planning Community 1996 SF 1996 ACRES 2001 PLANNING COMMUNITY ADJUSTED 2001 SF ADJUSTED ACRES Immokalee 387,873 387,873 1988.81 1998.81 Big Cypress 0 6,928 0.00 0.86 Central Naples 3,606,887 4,296,845 588.58 591.11 East Naples 434,251 461,725 79.82 75.93 North Naples 3,665,644 4,335,256 754.43 755.75 Rural Estates 88,178 98,617 305.56 305.56 Royal Fakapalm 8,400 8,400 553.66 553.66 South Naples 1,708 1,708 55.22 55.22 Urban Estates 0 0 6.00 6.00 TOTAL 8,192,941 9,597,352 4332.08 4342.90 Note: The 1996 Industrial Inventory was adjusted to be consistent with the new methodolgy used in 2001 Industrial Inventory update. 2.30 Urban Development Pattern - Urban Residential Fringe Suhdislric~ & .Activity Center Sd}districts A. Introduction & Background: Staff has directly quoted from the Future Land Use Element, Urban Commercial District, Mixed Use Activity Center Subdistrict, to provide the context of the overall goal of this subdistrict to accommodate almost all new commercial zoning within a mixed-use environment: "Mixed Use Activity Centers have been designated on the Future Land Use Map Series and identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers, which comprise approximately 4,000 acres, including 3 Interchange Activity Centers (4, 9, 10) that will be discussed separately. Two Activity Centers #19 and #21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map." Map 2o30-1: Ci~ of Naples (city limits) 5 7 5 2.30.1 "The Mixed-Use Activity Center concept is designed to concentra:e almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Furthermore, Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of the factors listed below. For residential development, if a project is within the boundaries of a Mixed Use Activity Center, which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed. Such mixed-use projects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adjacent projects - whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Density is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of Mixed Use Activity Center, which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project located within the boundaries of a Mixed Use Activity Center that is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. The factors to consider during review of a rezone petition are as follows: · Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code~ 2.30.2 · The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center · Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses · Existing patterns of land use within the Mixed Use Activity Center and within two radial miles Adequacy of infrastructure capacity, particularly roads · Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties Natural or man-made constraints Rezoning criteria identified in the Land Development Code · Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code · Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections · Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects · Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. # 1 Immokalee Road and Airport Road # 6 Davis Boulevard and Santa Barbara Boulevard 2.30.3 # 8 Airport Road and Golden Gate Parku ay #11 Vanderbilt Beach Road and Airport Road #12 #13 #15 #16 #17 #18 #20 US 41 and Pine Ridge Road Airport Road and Pine Ridge Road Golden Gate Parkway and Coronado Boulevard US 41 and Airport Road US 41 and Rattlesnake-Hammock Road US 41 and Isles of Capri Road US 41 and Wiggins Pass Road The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or developed property. Activity Center #6 is approximately 60% commercially zoned and/or developed. For purposes of these specifically designated Activity Centers, the entire Activily Center is eligible for up to 100%, or any combination thereof, of each of the following uses: commercial, residential and/or community facilities. Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers° Master Planned Mixed Use Activity Centers are those, which have a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 # 5 US 4t- and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may be permitted to modify the designated configuratiom The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification during final site design; however, the approved amount of commercial development shall not be exceeded, The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: 2.30.4 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51% ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51% ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control; 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial uses permitted at Activity Center # 3 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be for residential and/or community facility uses. The maximum amount of commercial uses permitted at Activity Center #7 is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be for residential and/or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, development shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities - this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space lkor various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness 2.30.5 centers. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land u~c~ shall be for residential and/or community facility uses~ Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and/or community facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site Features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network; and 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plato New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: The intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications in the Traffic Circulation Element. The Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. Market justification is provided demonstrating need for a Mixed Use Activity Center at the proposed location?' Staff has directly quoted from the Future Land Use Element, Urban Commercial District? Interchange Activity Center Subdistrict, to provide the context of the overall goal of this subdistrict to accommodate almost all new commercial zoning within a mixed-use environment: 2.30.6 "Interchange Activity Centers ha~e bee~ dc>ignated on the Future Land Use Map at each of the three Interstate 75 interchanges and include numbers 4, 9 and 10. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 and #10 allow for a mixture of land uses - which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non- residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Please refer to Map 2.30.2 Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for Activity Center # 9~ The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement~ Subsequent to the development of the vision statement, new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit' Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9~ The factors to consider during review of a rezone petition shall be in 2.30.7 compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allowed, provided each such use is reviewed and found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, warehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and/or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property ownerso The Planned Unit Development and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site-specific development details will be reviewed during the Site Development Plan review Process: Landscaping, buffering and/or berming shall be installed along the Interstate; Fencing shall be wooden or masonry; Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; Central water and sewage systems shall be required; State Access Management Plans, as applicable; No direct access to the Interstate right-of-way shall be permitted; Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Mam~gement Plan provisions, or State Access Managemenl Plans, as applicable: 2.30.8 Access points and median openi~gs shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; A maximum floor area ratio (FAR) for the designated Industrial land uses cornponent of the projects shall be established at 0.45." Staff has directly quoted from the Future Land Use Element, Urban Mixed Use District, Urban Residential Fringe Subdistrict to provide the context of the overall goal of this subdistrict to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.7.7 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided in c. below, but are subject to the following conditions: a. All rezones are encouraged to be in the form of a planned unit development; bo Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area; and, c. Properties eligible for the Affordable Housing Density Bonus (home ownership only) will be specifically identified herein. The actual 2.30.9 number of bonus trait, per gross acre qxall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.7.7 of the Land Development Code, except that, Section 2.7.7.3 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre." [site reference and lengthy legal description intentionally omitted] B. Identification of Specific Objectives Referencing the Collier County Growth Management Plan's, Future Land Use Element and Transportation Element, which are the only two Elements that directly addresses the Mixed Use Activity Center Subdistrict, the Interchange Activity Center Subdistrict and the Urban Residential Fringe Subdistrict, listed below are the following Objectives and/or Policies that have been identified that addresses urban sprawl within the context of these three specified Future Land Use designations: Future Land Use Element (FLUE) Objective 5: "In order to promote sound planning ...ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of-the Growth Management Plan." Objective 6: "Transportation Concurrency Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCMA shall occur in a mtmner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting punic transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation Concurrency Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element." 2.30,10 Transportation Element Objective 2: "The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program." Objective 5: "The County will coordinate the Transportation process with the Future Land Use Map." System development C. Data Assessment Mixed Use Activity Centers & Interchange Activity Center Subdistrict Directly quoting from the Future Land Use Element, Overview, C. Underlying Concepts, Coordination of Land Use and Public Facilities: "The Urban Service Area concept manifested in the Future Land Use Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within the Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts, such as the Mixed Use Activity Center Subdistrict and the Interchange Activity Center Subdistrict (Activity Center Subdistricts), are permissible. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are primarily concentrated for the provision of roads, water supply, sewage treatment and water management." Directly quoting from the Future Land Use Element, Overview, C. Underlying Concepts, Attainment of High Quality Urban Design: "Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant ox, erall traffic circulation) level and it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to adopt standards for road access has been accomplished through the Access Control Policy adopted by Resolution and the Access Management Plans for Mixed Use Activity Centers included in the Land Development Regulations. The Future Land Use Element, through its Future Land Use Map, displays such areas that are conducive to locating new commercial development, The Mixed Use Activity Centers and Interchange Activity Center Subdistricts are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore 2.30.11 promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points." Using the Best Available Data from the Collier County Property Appraiser's Office (PAO), the County's Comprehensive Planning Department staff (Staff) analyzed and compared the PAO's 2000 and 2004 tax parcel data sets for the type and amount of development that had occurred within both of these Activity Center Subdistricts in order to evaluate the extent to which they have achieved the desired results from the above referenced FLUE Objectives 5 and 6 and Transportation Element Objectives 2 and 5. Staff summarized the number of parcels and the number of acres per L~tnd Lis,: Code fi'om the F'lorida Dep~rtment of Revenue I FDOR !, see Table 2.30-1: Table 2.30-1 2000 2004 FLORIDA DEPARTMENT OF REVENUE USECODE ~ OF PARCELS # OF ACRES # OF PARCELS # OF ACRES VACANT RESIDENTIAL 0 329 691.51 215 484.3 VACANT UNIMPROVED RESIDENTIAL 99 46 256.41 39 190.1 IMPROVED RESIDENTIAL ( 1-9) 866 314.4 009 364.2 AGRICULTURE (50-69) 13 117.9 5 45.8 GOVERNMENT LANDS ~80-89) 36 142.2 42 146.9 EASEMENTS }4 41 138.5 55 149.1 VACANT COMMERCIAL 10 135 375.1 146 485.0 IMPROVED COMMERCIAL (11-39) 240 606.1 269 698.6 f\" -\( ~ .',N'I [NDU S'~RI:\I 40 5 13.3 7 23.5 !~:~ ~D~X 1 ~ (41-49) 3 6.0 5 17.4 iMPRt/Vkl) INS ITI'UTIC)NAL (71-79) 21 fi9.51,72927 g3.0 --l/ 1,742 2774.1 . 2,711 USECODE % OF PARCELS % OF ACRES % OF PARCELS % OF ACRES VACANT RESIDENTIAL 0 18.9 24.9 12.4 17.9 VACANT UNIMPROVED RESIDENTIAL 99 2.6 9.2 2.3 7.0 IMPROVED RESIDENTIAL ( 1-9) 49.7 11.3 52.6 13.4 AGRICULTURE .... (50-69) 0.7 4.2 3.3 1.7 'GOVERNMENT LANDS (80-89) 2.1 5.1 2.4 5.4 EASEMENTS ...... 94 2.4 5.0 '3.2 ,5.5 VACANT COMMERCIAL 10 7.7 13.5 8.5 IMPROVED COMMERCIAL 11-39) 13.8 21.8 15.6 25.8 'VACANT INDUSTRIAL 40 0.3 0.5 0.4 0.9 IMPROVED INDUSTRIAL ...... (41-49) ~.2 0.2 0.3 0.6 VACANT INSTITUTIONAL 70 3.4 .6 0.3 0.9 IIVIPROVED INSTITUTIONAL (71-79) 1.2 2.5 1.7 To put the above numbers into the proper perspective, staff reviewed all of the rezones that occurred from 1996 to 2004 within the Mixed Use A~:qvity Centers and Interchange Activity Center Subdistr ets. Over the past seven yem's, for every residential rezone approved, three commercial rezones were approved. 2.30,12 Fable 2.30-2 {ear ZONING CHANGES COUNT 996 A--*C4 1 996 A-+C5 1 1996 E--,PUD-C 1 996 [--*C-4 1 1996 RMF- 12---~PU D-C 1 1997 C-2 & A---}PUD-C 1 1997 CF--*PUD-C 1 1997 E--->C- 1/T 1 1997 E-->PUD-C 1 1997 RSF-4-->C-1 1 1999 A-->C-5 1 1999 RSF-3-->C-2 1 2000 ---*PUD-C 1 2001 A--~C-5 1 2002 A--~C-3 1 2003 A--~PUD-R 2 2003 PUD-R-->PUD-R 2 2003 RSF- 1--->PUD-R l 2004 ~.--+PUD-C I LEGEND: ZONING DISTRICTS A Rural Agricultural C-1 Commercial Professional C- 1FF Commercial Professional Transitional C-2 Commercial Convenience C-3 Commercial Intermediate C-4 General Commercial C-5 Heavy Commercial CF Community Facility E Estates I [ndust~5 al PUD-C Planned Unit Development-Commercial PUD-R ~lanned Unit Development-Residential RSF-I ~,esidential Single Family-I RSF-3 ?,esidential Single Family-3 ~,SF-4 3esidential Single Family-4 >,MF- 12 ?,esidential Mulitple Family-12 Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area. Moreover, 1o ensure that the transitional semi-rural character of the Urban Residential Fringe Subdistrict is protected, the Residential land uses may be allowed at a maximum density of 1,5 units per gross acl'e~ 2.30.13 Using the Best Available Data from the Collier County Property Appraiser's Office (PAO), the County's Comprehensive Planning Department staff (Staff) analyzed and compared the PAO's 2000 and 2004 tax parcels for the type and amount of development that had occurred within Urban Residential Fringe Subdistrict in evaluation was achieved by a summary of the number of parcels and the number of acres per Land Use Code from the FDOR, see Table 2.30-3: Table 2.30-3 2000 2004 FLORIDA DEPARTMENT OF REVENUE USECODE ~: OF PARCELS # OF ACRES # OF PARCELS # OF ACRES VACANT RESIDENTIAL~ 0 151 464.6 39 116.8 VACANT UNIMPROVED RESIDENTIAL: 99 84 i, 196.5 g3 1,186.1 IMPROVED RESIDENTIAL~ ~1-9) 118 ¢34.3 211 1,003.1 AGR ICULTU R E (50-69) 20 2,299.3 2337 2.306.0 GOVERNMENT LANDS (80-89) ~- 86.4 4 86.4 EASEMENTS 94 0 0.0 0 0.0 VACANT COMMERCIAL 10 0 0.0 3 0.0 IMPROVED COMMERCIAL l11-39) I 13.2 2 15.1 VACANT INDUSTRIAL 40 0 3.0 ) 0.0 IMPROVED [ND USTR IAL _ (41-49) 2 263.2 2 263.2 VACANT INSTITUTIONAL 70 13 77.7 27 70.1 IMPROVED INSTITUTIONAL (71-79) 2 58.6 2 58.6 395 5,393.8 2707 5,105.3 F. LORIDA DEPARTMENT OF REVENUE USECODE % OF PARCELS % OF ACRES !% OF PARCELS % OF ACRES ~ .5_C -~) R hS IDEN TI AL 0 38.2 2.6 1.4 2.3 'v ,,,CAN I t NIMPR~ ~\ ED RkSII)FNTIAL 21 IlNIPR( )x, ~D R E,$ll)ENTIAL (1_9) 29.9 17.3 7.8 19.6 --- AGRICULTURE (50-69) 5.1 42.6 86.23 45.2 GOVERNMENT LANDS __ (80~89) 1.0 1.6 D.I .7 EASEMENTS 94 0.0 0.0 3.0 D.0 VACANT COMMERCIAL ......... I 0 0.0 3.0 3.0 3.0 IMPROVED COMMERCIAL I I 39~ 0.3 3.2 0 1 0.3 VACANT INDUSTRIAL 40 3.0 3.0 0.0 0.0 IMPROVED INDUSTRIAL (41-49) 3.5 4.9 0.I 5.2 VACANT INSTITUTIONAL 70 %3 1.4 1.0 1.4 ~ Vacant (Residential, Commercial, Industrial, or Institutional) Land - land without buildings. May or may not have improvements, such as grading, sewers, etc, - Vacant Unimproved (Residential) Lands - most commonly lands without buildings; it can also mean land in its natural state. 3 hnproved (Residential, Commercial, Industrial, or Institutional) Land - /and having onsite improvements offsite improvements, or both 2.30.14 D. Objective Achievement Analysis Activity Center Subdistricts The following observations come from the analysis and comparison between the PAO's 2000 and 2004 tax parcels for the type and amount of development that had occurred within the combined Mixed Use Activity Subdistrict and Interchange Activity Center Subdistrict: Vacant Residential · Of the twelve different categories, land consisting of Vacant Residential acreage made up the largest component (24.9%) of the total acreage for 2000 and (17.9%) of the total acreage 2004~ · There was a 42.8% decrease in the amount of acreage that was zoned classified Vacant Residential from 2000 to 2004. Vacant Unimproved Residential · Of the twelve different categories, land consisting of Vacant Unimproved Residential acreage made up the fifth largest component (9.2%) of the total acreage for 2000 and (7.0%) of the total acreage 2004. There was a 34.9% decrease in the amount of acreage that was classified Vacant Unimproved Residential from 2000 to 2004. Improved Residential · Of the twelve different categories, land consisting of Improved Residential acreage made up the fourth largest component (11.3%) of the total acreage for 2000 and (13.4%) of the total acreage 2004. · There was a 13.7% increase in the amount of acreage that was classified Improved Residential from 2000 to 2004. Agriculture · Of the twelve different categories, land consisting of Agriculture made up the eighth largest component (4.2%) of the total acreage for 2000 and (1.7%) of the total acreage 2004. · There was a 15T4% decrease in the amount of acreage that was classified Agriculture from 2000 to 2004. 2.30.15 Government Lands · Of the twelve different categories, land consisting of Government Lands made up the eighth largest component (4.2%) of the total acreage for 2000 and (1.7%) of the total acreage 2004. · There was a 3.2% increase in the amount of acreage that was classified Government Lands from 2000 to 2004. .Easements · Of the twelve different categories, land consisting of Easements made up the seventh largest component (5.1%) of the total acreage for 2000 and (5.4%) of the total acreage 2004. · There was a 7.1% increase in the amount of acreage that was classified Easements from 2000 to 2004. Vacant Commercial · Of the twelve different categories, land consisting of Vacant Commercial made up the third largest component (13.5%) of the total acreage for 2000 and (17.9%,) of the total acreage 2004. · There was a 22.7% increase in the amount of acreage that was classified Vacant Commercial from 2000 to 2004. !mproved Commercial · Of the twelve different categories, land consisting of Improved Commercial made up the second largest component (21.8%) of the total acreage for 2000 and (25.8%) of the total acreage 2004° · There was a 13.3% increase in the amount of acreage that was classified Improved Commercial from 2000 to 2004. Vacant Industrial · Of the twelve different categories, land consisting of Vacant Indnstrial made up the eleventh largest component (0.5%) of the total acreage for 2000 and (0.9%) of the total acreage 2004. · There was a 43.3% increase in the amount of acreage that was classified Vacant Industrial fi'om 2000 to 2004. 2.30,16 Improved industrial · Of the twelve different categories, land consisting of Improved Industrial made up the smallest component (0.2%) of the total acreage for 2000 and (0.6%) of the total acreage 2004. · There was a 65.7% increase in the amount of acreage that was classified Improved Industrial from 2000 to 2004. Vacant Institutional · Of the twelve different categories, land consisting of Vacant Institutional made up the tenth largest component (1.6%) of the total acreage for 2000 and (0.9%) of the total acreage 2004. · There was a 87.8% decrease in the amount of acreage that was classified Vacant Institutional from 2000 to 2004. Improved Institutional · Of the twelve different categories, land consisting of Improved Institutional made up the ninth largest component (2.5%) of the total acreage for 2000 and (3.1%) of the total acreage 2004. · There was a 16.2% increase in the amount of acreage that was classified Improved Institutional from 2000 to 2004. In the 1996 EAR, it was acknowledged that the intent of the Activity Center concept - to establish mixed use developments that would create centers of activity and a sense of place with residential, civic, cultural and recreational opportunities in addition to commercial opportunities to meet the needs of the residents within and adjacent to the Activity Center as well as pass-by traffic; that would provide employment opportunities for residents within and adjacent to the Activity Center; that would avoid strip commercial development; and, that would concentrate most new commercial development where traffic impacts could be readily accommodated - was a failure. As proposed for the 1989 Growth Management Plan, Activity Centers varied in size, varied in use intensity allowed, and contained a cap on the amount of each Activity Center that could be zoned for commercial development. However, when adopted, almost all of the 21 Activity Centers were of the same size - 1/2 mile square, 40 acres per quadrant; all of them allowed the full at'ray of commercial uses - C-I through C-5 zoning; and, the commercial cap was removed thereby creating the potential for 100% of each Activity Center to be zoned commercial. Along with these changes, "factors to be considered" during review of rezone petitions was added. Those factors were too broad and/or vague such that it made it very difficult not to approve the requests to rezone to commercial. From adoption in 1989 to present, almost all rezone petitions have been roi' commercial uses; just a few have been for mixed use projects and none of the residential components 2.30.17 have yet been developed. The largest residential components within mixed use projects lie in Interchange Activity Center #9 at 1-75/Collier Blvd. (CR-951); these are most likely due to the cap on commercial development at no more than 55% of the Activity Center acreage. That cap was imposed as part of the 1997 EAR-based amendments, which coincided with doubling the size of that Activity Center (from +/- 300 acres to 632 acres)~ A few activity centers do contain developed residential uses but those pre-dated the establishment of Activity Centers, i.e~ were approved under a previous comprehensive plan. The primary response to this acknowledgment of failure was to re-draw the boundaries of the Mixed Use Activity Centers to be site specific and, for the most part, to follow existing commercial zoning boundaries thereby reducing the potential for future commercial rezones in the Activity Centers. Notably, the two Activity Centers with the least amount of commercial zoning at that time - #3 at Immokalee Road/Collier Blvd. and #7 at Rattlesnake-Hammock Road/Collier Blvd. - were left in the 1/2 mile square configuration (40 acres per quadrant). The rationale was that there was still significant residential development yet to occur in the surrounding areas and there would be a need for commercial uses to serve that development. Also, in the case of Activity Center #3, it was considered that residential development east of the urban area (portions of the Rural Fringe area and portions of northern Golden Gate Estates) would need to be served by commercial uses that could be located in that Activity Center. A significant amount of commercial development within Activity Centers consists of community shopping centers anchored by a supermarket, big box retail stores (e.g. Sports Authority, Walmart, Home Depot), or both - a community shopping center with one or more big box retail stores (e.g. Pine Ridge Crossings shopping center with a Publix supermarket and Target store). Regardless of the type of commercial development, it serves as a traffic attractor - people drive to the Activity Center to shop, dine, use personal services, visit an office, etc. In most cases, heavy traffic volumes already exist on the two arterial (or arterial and collector) roads around which the Activity Centers are located. On the one hand, arterial roads are designed for heavy traffic volumes by their very nature~ But on the other hand, the heavy traffic volumes in the coastal urban area are due in part to the limited number of north-~outh and east-west roadways; the lack of a grid street pattern in most of the coastal urban area; the lack of project interconnections - whether between adjoining residential developments, adjoining commercial developments, or adjoining residential and commercial developments - which forces traffic onto external roadways, frequently arterial and collector roads; the lack of mixed use developments which forces all patrons of commercial establishments to travel away from the development in which they live; and, the lack of complete and integrated bicycle or pedestrian pathway systems and extensive mass transit system to offer viable transportation alternatives o The combination of heavy traffic volumes already traveling through the Activity Center intersections, and the major commercial developments located there that draw traffic to the intersection, has resulted in heavily congested intersections, some of which 2.30.18 experience significant traffic back-ups, some rank high on the list of ranklings of traffic accident sites, and many are expected to be future candidate~ for grade separated intersections (based upon traffic volumes approaching 100,000 trips per day.) Intersection congestion is even less desirable/acceptable when it involves 1-75~ One major difference at these intersections is the access control onto the roadways - no ingress/egress is allowed on 1-75, and a certain distance from the interstate along the County road is also under FDOT jurisdiction in which no, or very limited, ingress/egress is allowed. Given the purpose of the interstate is primarily for the traveling public (relatively long trips), not for local use (relatively short trips), it seems logical to allow, in those Interchanges where commercial development is allowed, commercial uses to serve the traveling public, such as gas stations, restaurants and hotels/motels; also, uses that may be dependent upon the interstate highway system, such as certain warehousing, manufacturing, and distribution facilities. These were the only types of uses allowed under the 1983 comprehensive plan. It seems questionable as to the appropriateness of allowing big box retail stores and community shopping center uses at the Interchange Activity Centers. For these reasons, the County may recommend a change to the type of commercial uses allowed at Interchange Activity Centers~ However, most of the lands within these Interchange Activity Centers have already been rezoned to commercial, and most of this commercial zoning allows community shopping centers and/or big box retail uses° Accordingly, the zoning on these properties would need to be changed (amend the commercial PUDs to preclude certain uses and/or limit the building square feet for certain uses and similarly amend the commercial zoning districts in the LDC for properties lying within Interchange Activity Centers); there may be legal ramifications for zoning changes imposed by the County. Therefore, the impact of amending the Interchange Activity Center Subdistrict to limit the allowable uses may be minimal. Urban Residential Fringe Subdistrict Reasons for the current Increase in the Residential Density within the Urban Residential Fringe Subdistrict (URF): · Two changes have occurred to this subdistrict since the 1996 EAR: 1) the ability to increase density from 1.5 dwelling units per acre (DU/A) to 2.5 DU/A through the County's Transfer of Development Rights program, as part of the Rural Fringe GMP amendments adopted in 2002; and, 2) the ability to increase density from 1.5 DU/A to 6 DU/A for affordable housing for a particular parcel via a private sector amendment approved in 2003. · The net residential densities in the Urban Residential Fringe - in some case much higher than the allowed gross density of 1.5 DU/A due to significant wetlands and/or recreational uses (e.g. golf course). · The approval of various non-residential uses in the Urban Residential Fringe: l) First Assembly of God Planned Urban Development (PUD) - campus approved for church, 2.30.19 homeless shelter, etc.; 2) swamp buggy grounds - races, shooting range, etcoo and, 3) commercial uses in Activity Center #7 on the east s:de of Collier Boulevard. Reasons for the potential increase in commercial density within the URF: · The pending rezone to establish the Collier Regional Medical Center PUD - partly in Mixed Use Activity Center #7 but mostly within the Urban Residential Fringe - for hospital and medical offices~ If approved, additional lands within ¼ mile of the hospital site will be eligible for medical office uses~ (For comparison, there are several medical office PUDs approved along Immokalee Rd. within ~¼ mile of the North Collier Hospital - this might be an indicator of what may occur near this hospital site.) Growth Management Plan Amendment CP-2002-1 was approved last year thereby expanding the northeast quadrant of the mixed use activity center located at the intersection of Collier Boulevard (CR-951) and Sports Park Road (Activity Center #7) by approximately 18.5 acres. In that expansion area, uses will be limited to personal self- storage facilities, office and warehouse space associated with specialty contractors~ Vacant Residential · Of the twelve different categories, land consisting of Vacant Residential acreage made up the fifth largest component (8.6%) of the total acreage for 2000 and (2.3%) of the total acreage 2004° · There was a -297.9% decrease in the amount of acreage that was classified Vacant Residential from 2000 to 2004. Vacant Unimproved Residential · Of the twelve different categories, land consisting of Vacant Unimproved Residential acreage made up the fifth largest component (22.2%) of the total acreage for 2000 and (23.2%) of the total acreage 2004~ There was a -0.9% decrease in the amount of acreage that was classified Vacant Unimproved Residential fi'om 2000 to 2004. Improved Residential · Of the twelve different categories, land consisting of Improved Residential acreage made up the third largest component (17,3%) of the total acreage for 2000 and (19.6%) of the total acreage 2004~ · There was a 6.9% increase in the amount of acreage that was classified Improved Residential from 2000 to 2004. 2.30.20 Agriculture · Of the twelve different categories, land consisting of Agriculture made up the largest component (42.6%) of the total acreage for 2000 and (45~2%) of the total acreage 2004. · There was a 0.3% increase in the amount of acreage that was classified Agriculture from 2000 to 2004. Government Lands · Of the twelve different categories, land consisting of Government Lands made up the sixth largest component (1.6%) of the total acreage for 2000 and (1.7%) of the total acreage 2004. · There was no increase in the amount of acreage that was classified Government Lands from 2000 to 2004. Improved Commercial · Of the twelve different categories, land consisting of Improved Commercial made up the ninth largest component (0.2%) of the total acreage for 2000 and (0°3%) of the total acreage 2004. · There was a 12.7% increase in the amount of acreage that was classified Improved Commercial from 2000 to 2004, hnproved Industrial · Of the twelve different categories, land consisting of Improved Industrial made up the fifth largest component (0.2%) of the total acreage for 2000 and (0.6%) of the total acreage 2004. · There was no increase in the amount of acreage that was classified Improved Industrial from 2000 to 2004. Vacant Institutional * Of the twelve different categories, land consisting of Vacant Institutional made up the seventh largest component (1.4%) of the total acreage for 2000 and (1,4%) of the total acreage 2004. · There was a -10.8% decrease in the amount of acreage that was classified Vacant Institutional from 2000 to 2004, 2.30.21 Improved Institutional · Of the twelve different categories, land consisting of Improved Institutional made up the eighth largest component (1.1%) of the total acreage for 2000 and (1.1%) of the total acreage 2004. · There was no increase in the amount of acreage that was classified Improved Institutional from 2000 to 2004° E. Conclusion Mixed Use Activity Centers Commercially zoned land within the Mixed Use Activity Center and Interchange Activity Center Subdistricts continues to be the dominant land use category as most properties are rezoned to a commercial zoning district and develop with commercial land uses. However, under the primary characteristics of what constitutes urban sprawl as referenced in 9J-5.006(5)(g)(3), the main goal of these two activity center subdistricts is to concentrate all new commercial development within carefully configured access points to the main arterial roadway network. Based upon staff's analysis, this has been deemed unsuccessful, and there continues to be commercial development in radial, strip, isolated or ribbon patterns emanating outside of these activity center subdistricts. The majority of commercially zoned lands lie outside of activity centers. Some of these lands are consistent with other commercial locational criteria in the FLUE. However, most of these lands were zoned commercial at the time of the FLUE adoption in 1989 and were subsequently evaluated under the County's zoning re-evaluation program pursuant to former policy 3.1k and were allowed to retain their commercial zoning. These properties are identified on the Consistent By Policy Maps, part of the Future Land Use Map series, and are recognized in FLUE Policies 5.9 - 5.12. Also, some of these lands were rezoned to commercial based upon the former activity center boundaries, and are recognized in FLUE Policy 5.13. Urban Residential Fringe Subdistrict Based upon the data and analysis, the integrity of this Subdistrict to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area has been maintained. Moreover, the residential land uses may be allowed at a maximum density of 1.5 units per gross acre. The underlying objectives of this subdistrict have been achieved in regards to preventing urban sprawl. 2.30.22 2.31 Urban Development Pattern - Antiquated Platted Subdivisions A. Introduction & Background: Modem land sales practices and regulations require the developer of a subdivision to either provide or pay for all necessary infrastructure. This includes internal roads, external road improvements, potable water and sanitary sewer facilities, and adequate drainage. These facilities must be ready at or near the time of sale to future residents. In some cases, the developer may also provide amenities, such as street lighting, parks, libraries or recreational facilities. Additionally, the developer is generally required to be aware of the environmental impacts of the proposed development. Factors such as protected species, preservation areas, and floodplain impacts must all be taken into account. Much of the money generated by these subdivisions goes back to the local government through various taxes, assessments and impact fees. Lending institutions often require hefty down payments on developable property (25% is not unusual) and repayment of loans is due in a relatively short period of time (often as little as 5 years). In part due to governmental assessments and lending fees, market forces encourage developers to quickly develop or sell their property. These factors explain the rapid pace of development in much of Southwest Florida (including Collier County). Modem Versus Pre-Platted Subdivisions: From the period beginning just after World War I and extending into the mid-1970s, Florida and other parts of the U.S. witnessed the phenomena of "pre-platted" communities. Pre-platted communities, also known as "platted lands .... obsolete subdivisions", or "antiquated subdivisions" differ from modern subdivisions in a number of ways. Some of the most important differences are provided below: Modern subdivisions must funnel a large percentage (as much as 75%, in some instances) of sales revenues into property taxes, various types of local assessments or exactions, infrastructure improvements, and environmental permitting. Pre- platted subdivisions channeled a large percentage of sales revenues (sometimes as much as 50%) into marketing and salaries for the sales force. o Modern subdivisions provide the majority of the infrastructure required to meet the impacts of the proposed development. Pre-platted subdivisions usually only provided complete infrastructure in a relatively small "core" area, with only minimal (or sometimes no) infrastructure provided to the remainder of the development. Modern subdivisions are generally relatively compact (from 50 acres to 2,000 acres in size, in most cases), and provide convenient access to governmental and commercial centers. Larger developments may even include commercial and institutional land uses within the confines of the development. Pre-platted 2.31.1 communities were very large in size (from 2,000 acres to more than 100,000 acres) and often provided poor access to commercial and institutional uses. Modern subdivisions are to some extent dependant upon the availability of existing infrastructure for connection purposes. Pre-platted communities were usually located outside of the existing urban area and therefore do not have access to adjacent existing infrastructure. Such development patterns are known as "leapfrog development" and constitute one form of urban sprawl. o Modem development practices require an orderly succession of ownership from the original developer through lending institutions and community associations to the individual homeowner or lot owner. This progression allows for the gradual development of the community, consistent with the gradual provision of infrastructure to serve community needs. Pre-platted communities often resulted in fragmented ownership patterns, with no provision for infrastructure development concurrent with community needs. Collier County has approximately 75,871 platted lots, covering approximately 134,529 acres (roughly 210 square miles). The majority of Collier County's pre-platted lots occur in the area known as Golden Gate Estates, including Golden Gate City, (30,966 lots). However, there are also platted subdivisions in an around Marco Island (14,129 lots) and in other areas of the County (30,776 lots). Note that the last category includes both small, pre-platted subdivisions and conventional, modern development. The Platted Lands Problem: The significance of this phenomenon to local governments may not be readily apparent. Basically, the problem is one of cost to the local government. As noted previously, modern developments send a substantial amount of their revenue to the surrounding community. This is not true for obsolete, pre-platted developments in most cases. Staff recently concluded preparation of two major amendments to the County's Golden Gate Area Master Plan (GGAMP). The amendments were divided into phases. The Phase 1 amendments were approved by the County in September of 2003, and were accepted by the Florida Department of Community Affairs (DCA) in November of 2003. The Phase 2 amendments are currently scheduled for transmittal to DCA in February 2004. As part of the amendment process staff prepared population projections for the greater Golden Gate Area, as covered within the GGAMP. As part of these projections, staff estimated the population for the GGAMP study area for the year 2020. The 2020 population is projected to ,be 69,882 persons. Note that this figure does not represent complete buildout for the Golden Gate Area. Using the current Collier County standards for public facilities, the projected demand for public facilities and services by Golden Gate residents in the year 2020 can be determined. 2.31.2 Potable Water Demand: 69,882 people x 185 gallons per capita per day (County standard) = 12,928,170 gallons per day. Wastewater Treatment Demand: 69,882 people x 145' gallons per capita per day (County standard) = 10,132,890 gallons per day. (*Note: This projection uses the standard for the County's North Sewer District, which provides a worst case scenario.) Parks Required to serve population: Community Park Demand: 69,882 people x 1.2882 acres per 1,000 people (County standard) = 90+ acres. Regional Park Demand: 69,882 people x 2.9412 acres per 1,000 people (County standard) = 205.5+ acres. Recreational Facilities Value (apart from construction costs): 69,882 x $240.00 per person (County standard) = $16,771,680. Library Facility Demand: Building Demand: 69,882 people x 0.33 square feet per capita (County standard) = 23,061 square feet. Collection Demand: 69,882 people x 2.05 books per capita by FY 10' (County standard) = 143,258 volumes. (*Note: The standard refers to the l0th Fiscal Year after approval of the current Capital Improvement Element, or FY 2012. However, the population projection is based on the year 2020.) Jail Population: 69,882 people x 0.0024 beds per capita (County standard) = 168 beds, plus approximately 61 staff. County Emergency Medical Service: 69,882 people x 0.000068 EMS units per capita (County standard) = 5 units. B. Identification of Specific Goals, Objectives & Policies: Excepting only the Golden Gate Area Master Plan (GGAMP), which applies solely to antiquated subdivisions, the majority of the County's Goals, Objectives and Policies would apply similarly to antiquated or modern subdivisions. The following Goals, Objectives and/or Policies, within the Collier County Growth Management Plan, include criteria specifically applicable to antiquated subdivisions (some items may include criteria applicable to other areas of the County as well): Public Facilities Element, Drainage Subelement, Policy 1.3.4: 2.31.3 Major emphasis shall be given to improving existing drainage facilities in and around urban and estates designated areas (on the adopted Future Land Use Map) to maintain their use. Conservation & Coastal Management Element, Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual lots or parcels. The standards and criteria provided for in this policy may change for the area governed by the Golden Gate Area Master Plan, which is currently under restudy, by Plan amendment. Residential and Mixed Use Development Coastal High Hazard Area Non-Coastal High Hazard Area Less than 5 acres 10% Less than 2.5 acres 10% Equal to or greater than 2.5 acres 25% Commercial and Industrial Development Greater than 5 acres and less than 20 acres 15% Equal to or greater than 20 acres 25% Golf Course 35% 35% Less than 5 acres 10% Less than 5 acres 10% Equal to or greater than 5 acres 15 % Industrial Development (Rural-Industrial District only) 50%, not to exceed 25% of the project site. Equal to or greater than 5 acres 15 % 50%, not to exceed 25% of the project site. The following standards and criteria shall apply to the vegetation retention requirements referenced above: (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. 2.31.4 (2) (3) (4) (5) (6) (7) The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible. Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All on-site or off-site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement to prohibit further development, consistent with the requirements of this policy. Selection of the preserve areas shall reflect the following criteria in descending order of priority: ao Onsite wetlands shall be preserved pursuant to Policy 6.2.5 of this element; Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 of this element. Parcels containing gopher tortoises shall protect the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1. Any upland habitat that serves as a buffer to a wetland area. 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, and maintenance of permitted facilities. Off-site preservation shall be allowed to provide flexibility in the project design. a. Within Receiving and Neutral Lands, off-site preservation shall be allowed for up to 50% of the vegetation retention requirement. 2.31.5 (8) (9) (10) (11) (12) Off-site preservation areas shall be allowed at a ratio of 1:1 if such off-site preservation is located within designated Sending Lands or at a ratio of 1.5:1 anywhere else. o Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. Within non-NRPA Sending Lands, off-site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. Off-site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3:1. c. Off-site preservation shall not be allowed in NRPA Sending Lands. Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. On-site preservation areas shall also conform to the Open Space requirements as specified in the Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors; Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. Conservation & Coastal Management Element, Policy 6.2.3: 2.31.6 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the Urban boundary. Many fall within public lands or lands targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRPA or Sending designations in the Rural Fringe. Protection measures for wetlands and wetland systems located within the Eastern Lands portion of the County's Rural and Agricultural Assessment (depicted on the FLUM) will be adopted prior to November 1, 2002. Within the Urban and Estates designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, this shall be deemed to preserve and protect wetlands and their functions. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems by the following mechanisms: (1) Conservation Designation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundary of the land designated as Conservation on the Future Land Use Map. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non-residential development. These limitations support Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) Big Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District on the Future Land Use Map provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay specify that site alterations shall be limited to 10% of the total site. A large percentage of the land contained within the 2.31.7 ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (Land Use Designation Section V.) (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map. These areas identify high functioning wetland systems in the County and represent an additional 12%+ of County wetlands that are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses for NRPAs are also subject to native vegetation and preservation standards of 90%. (Reference the NRPA Overlay in the FLUE.) (4) Rural Fringe Mixed Use District Sending Lands Best available data indicates that 16,000_+ acres of wetlands are contained within designated Sending Lands constituting 70%_+ of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive based Transfer of Development Rights Program that allows landowners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District Receiving Lands. Incompatible land uses are also directed away from Sending Lands by restricting allowable uses. (Reference FLUE Rural Fringe Mixed Use District.) Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90%. (Reference CCME Policy 6.7.1) (5) Flowway Stewardship Areas [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] Within the Rural Lands Stewardship Area (RLSA) Overlay as designated on the Future Land Use map, Flowway Stewardship Areas (FSAs) are primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the primary wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures. Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA overlays, and Rural Fringe Sending Lands. 2.31.8 On a project-specific basis, wetlands and wetland functions shall be protected through the following mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting; (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 6.2; and (4) Clustering provisions specified in the FLUE (Reference FLUE Rural Fringe Mixed Use District.). (Note: Regarding the following policy, the Urban Designated Area includes Golden Gate City, an Antiquated Subdivision.) Conservation & Coastal Management Element, Policy 6.2.4: Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. This policy shall be implemented as follows: (1) Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this 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. (2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of single-family residences, which are not part of an approved development or are not platted. (3) Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public entity such as CREW lands; public or private mitigation banks; and other areas appropriate for mitigation, such as flow ways and areas containing habitat for listed species. (4) Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in Policy 6.2.5 shall apply in this area. As part of the County's Evaluation and Appraisal Report (EAR), the County shall identify this area and map its boundaries on the Future Land Use Map. 2.31.9 (Note: Regarding the following policy, the Urban Designated Area includes Golden Gate City, an Antiquated Subdivision.) Conservation & Coastal Management Element, Policy 6.2.6: Within the Urban Designation and the Rural Fringe Mixed Use District, [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5) d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. Conservation & Coastal Management Element, Policy 6.2.7: Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. This policy shall be implemented as follows: (1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. (3) Within one (1) year of the adoption of these amendments, Collier County shall work with federal and state agencies to identify properties that have a high probabilities of wetlands or listed species occurrence. The identification process will be based on hydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if it is sufficiently accurate to require federal and state wetland approvals prior to issuing a building permit within these areas. The County shall use this information to inform property owners of the potential existence of wetlands on their property. (Note: With regard to the following policy, the "Rural-settlement Area District" refers to the Orangetree PUD, which was formerly the antiquated subdivision of North Golden Gate.) 2.31.10 Future Land Use Element (FLUE) Policy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAL/RURAL- MIXED USE DISTRICT 1. Rural Commercial Subdistrict B. RURAL FRINGE MIXED USE DISTRICT C. RURAL - INDUSTRIAL DISTRICT D. RURAL - SETTLEMENT AREA DISTRICT Future Land Use Element (FLUE) Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Future Land Use Element (FLUE) Policy 4.1: A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into this Growth Management Plan in February 1991. The Master Plan addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. (Note: With regard to the following policy, the incorporation of the City of Marco Island, in 1997, removed the antiquated subdivisions on the island from County control, and thus from the Marco Island Master Plan.) Future Land Use Element (FLUE) Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Future Land Use Element (FLUE) Policy 4.4: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. The Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette- Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will 2.31.11 be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. Future Land Use Element (FLUE) Policy 4.7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: ao co Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; Bayshore Drive between U.S. 41 East and Thomasson Drive; U.S. 41 East between Davis Boulevard and Airport-Pulling Road; Davis Boulevard between U.S. 41 East and Airport-Pulling Road; U.S. 41 North in Naples Park; C.R. 951 between Green Boulevard and Golden Gate Parkway; and, Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Future Land Use Element (FLUE) Policy 5.5: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (Orangetree PUD), and the Rural Fringe Mixed Use District before servicing new areas. 2.31.12 Future Land Use Element, Future Land Use Designation Description Section: The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; o Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan contained in the Land Development Code); Child care centers; Community facilities such as churches group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; 2.31.13 11. 12. o 7. 8. 9. 10. Safety service facilities; Utility and communication Earth mining, oil extraction, and related processing; Agriculture; Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses. Support medical facilities such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominant use is medical related and located within ~/~ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities is concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and Henderson Creek Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road 2.31.14 Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial tlSe. 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 15. 16. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as permitted in the Bayshore/Gateway Triangle Redevelopment Overlay. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. 17. Research and Technology Park uses subject to criteria identified in the Urban- Mixed Use District, Urban Commercial District and Urban-Industrial District. A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed-use sites of water- dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Objective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; 2.31.15 b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. (Note: With regard to the following paragraph; "Port of The Islands, "formerly known as "Remuda Ranch," is an antiquated subdivision considered to be within the Urban Designation.) Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. (Note: With regard to the following Future Land Use Designation, one of the Mixed Use Activity Centers is located within Golden Gate City.) 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers, which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10), which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal 2.31.16 points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict and the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 5.9, 5.10, and 5.11 of the Future Land Use Element. Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of the factors listed below. For residential development, if a project is within the boundaries of a Mixed Use Activity Center, which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre, may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. (Note: The above-described Future Land Use Designation includes a large number of criteria for rezones. However, none of these are specific to the Center located in Golden Gate City. Some specific criteria for that Center are contained within the Golden Gate Area Master Plan Element (see below).) II. AGRICULTURAL/RURAL DESIGNATION Rural & Agricultural Area Assessment [Note: The assessment has been completed for the entire Assessment area.] (Note: This designation includes South Golden Gate Estates, a former antiquated subdivision.) The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the Final Order (AC-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The Geographic Scope of the Assessment Area shall be as follows: Includes: All land designated Agricultural/Rural, except as noted below; Big Cypress Area of Critical State Concern (ACSC), except as noted below; Conservation lands outside the Urban Boundary, except as noted below; and, South Golden Gate Estates. 2.31.17 Excludes: All Urban designated areas; Northern Golden Gate Estates; The Settlement District. The Assessment has been completed, and the Interim Development Provisions are no longer applicable, for these areas: The Agricultural/Rural area encompassed by the Rural Lands Stewardship Area Overlay, which includes a portion of the Big Cypress Area of Critical State Concern; The Conservation designated lands within the Eastern (Rural) Lands Study Area, known as the Okaloacoochee Slough State Forest - which includes a portion of the Big Cypress Area of Critical State Concern, and the Corkscrew Marsh CREW Trust Lands; and The Conservation designated lands lying outside of both the Eastern (Rural) Lands Study Area and the Rural Fringe Study Area, which includes the largest portion of the Big Cypress Area of Critical State Concern. The Rural Fringe Mixed Use District, Other privately owned lands generally located north of Everglades City; and, North Belle Mead, Belle Meade, and CREW NRPAs. The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full and broad-based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses ,away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions and mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, 2.31.18 maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. Natural Resource Protection Areas (NRPAs) (Note: South Golden Gate Estates is a designated NRPA.) The following areas shall be generally mapped and identified as NRPAs: These NRPAs are designated on the Future Land Use Map: Within these areas, only agriculture and directly related uses and one single- family dWelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22,1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; The general location shall be identified on a map as the interim NRPAs and shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. (Note: The Rural Settlement Area District consists of the Orangetree PUD, formerly known as North Golden Gate City, an antiquated subdivision.) D. Rural - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards. III. ESTATES DESIGNATION The Estates Land Use Designation encompasses lands, which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population 2.31.19 growth far removed from supportive services and facilities. Expansion of the area shall be discouraged. Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. (Note: Technically, a portion of South Golden Gate Estates is within the following Overlay. However, as this area has been essentially purchased by the Florida Department of Environmental Protection (FDEP), any development within the area is unlikely. ) V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28- 25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: 1. Site Alteration bo Co Site alteration shall be limited to 10% of the total site size, and installation of non- permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface mn off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) 2.31.20 Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. eo Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50-year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. ao Drainage Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. 2.31.21 New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. Co New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. This role shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation Transportation facilities, which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. Transportation facility construction sites shall provide for siltation and mn-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation ao Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. Minimum lowest floor elevation permitted for structures shall be at or above the 100-year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. This role shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State 2.31.22 Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-I, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". C. Natural Resource Protection Area Overlay The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect endangered or potentially endangered species and to identify large connected intact and relatively unfragmented habitats, which may be important for these listed species. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County or private acquisition efforts. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. Belle Meade; 5. South Golden Gate Estates; 6. Okaloacoochee Slough (interim); and 7. Camp Keais (interim). NRPAs located in the Rural Fringe Mixed Use District, or on nearby or adjacent Conservation Designated Lands are identified as Sending Lands. Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands. Natural Resource Protection Areas (NRPAs) that are not identified as "interim" above shall have the following standards: Vegetation Retention and Site Preservation - Calculated at the higher value of 90% of the native vegetation present, or 90% of the total site area, or as may otherwise be permitted under the Density Blending provisions of the FLUE. Applicable standards provided for in CCME Policy 6.1.2 shall also apply; Listed species protection shall be provided for as specified in CCME Policy 7.1.2; Permitted and conditional uses for publicly owned lands within an NRPA Overlay shall be those as set forth under the Conservation Designation. 2.31.23 For privately owned lands within a NRPA Overlay and designated Sending lands or Estates, respectively, permitted and conditional uses shall be those as set forth in the Rural Fringe Mixed Use District for Sending Lands. For privately owned lands within a NRPA Overlay and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan, in recognition of Florida's private property rights laws. As these privately owned Estates Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to Conservation. There are approximately 15 sections of privately owned land within a NRPA Overlay that are not designated Sending and are not located within the Rural Fringe Mixed Use District (where all Sending Lands are located). Eight (8) of these sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. Uses on these lands are limited to restoration and mitigation and, at the completion of this restoration process; these lands will be deeded to a land management entity for conservation purposes. As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to Conservation. Until such time, in recognition of Florida's private property rights laws, permitted and conditional uses for these privately owned lands shall be those set forth in the Agricultural/Rural Mixed Use District. GOLDEN GATE AREA MASTER PLAN The Golden Gate Area Master Plan (GGAMP) is an Element of the County's Growth Management Plan that contains Goals, Objectives, Policies and Future Land Use Designations for the antiquated subdivisions of Golden Gate City, North Golden Gate Estates, South Golden Gate Estates and the Rural Settlement Area District (Orangetree PUD). An analysis of this Element is included under Section 1.5 of this Evaluation & Appraisal Report. Also, a copy of the GGAMP has been included as an attachment to this E.A.R. C. DATA ASSESSMENT: Efforts To Regulate Antiquated Subdivisions: 1. Marco Island: As noted above, there are approximately 14,129 platted lots within the Marco Island Area. Prior to 1997, these lots were regulated through the County Growth Management Plan's Marco Island Master Plan Element (MIMP). However, in 1997, the major part of 2.31.24 this area was incorporated into the City of Marco Island. A portion of the original Master Plan Area is still regulated under the MIMP. However, as part of the proposed EAR- based amendments, the County will recommend that this area be brought under the Countywide Future Land Use Element, and that the MIMP be repealed. An analysis of this recommendation will be provided within the EAR-based amendments. 2. The Community Character Plan: a. Process & recommendations: On April 13, 1999, the Board of County Commissioners adopted Resolution No. 99-203, establishing the Select Committee on Community Character and Design to oversee the development of a comprehensive urban/rural design master plan. The Select Committee prepared a Scope of Services for the purpose of preparing a Community Character and Design Master Plan, and recommended that the BCC select the consulting firm of Dover, Kohl and Partners as the lead consultant to help prepare the plan. On February 22, 2000, the Board of County Commissioners approved the contract agreement with Dover, Kohl. Subsequently, Dover, Kohl subcontracted with two other consulting firms, Glatting- Jackson of Orlando and Spikowski and Associates from Ft. Myers, to work on various aspects of the Plan. The purpose of the Community Character Plan was to guide urban and rural growth, address traffic issues, and plan for neighborhood parks and other natural areas to preserve and enhance the character of Collier County. While addressing transportation and greenspace needs, the Plan was to seek to maintain and enhance the quality of existing neighborhoods and allow new neighborhoods to be desirable places to live, work, shop, and enjoy the County's natural environment. In April 2000, a series of community workshops and presentations were held. The workshops featured "hands-on" table sessions where the participants were encouraged to put their ideas on maps. The consultants then took the ideas generated in the workshops and turned them into proposals for implementation. Community input continued through presentations to civic associations and organizations and through discussion and input opportunities, including a County website. The Plan, entitled "Toward Better Places: The Collier County Community Character Plan", was accepted by the Board of County Commissioners in April of 2001. The completed plan provided potential planning strategies both for certain specific areas of the County and countywide. One of the areas examined by the Community Character Plan was the Golden Gate Area, particularly North Golden Gate Estates. In a chapter, entitled "Evolving the Subdivided Periphery," the Community Character Plan provided its recommendations for Golden Gate Estates. These were as follows: Community Character Plan Recommendations: 2.31.25 SETTING THE COURSE The Golden Gate Area Master Plan needs to be updated in response to rapid growth. Special rural design techniques should be worked out, in consultation with residents and property owners, to meet the demands of growth while maintaining valuable natural resources and rural character. Some initial ideas are presented here for residents to consider when updating this master plan. GETTING THERE Growth Management Plan a. Update the Golden Gate Area Master Plan, as follows: Develop a plan for land surrounding the future interchange of Interstate 75 and Golden Gate Parkway so that it can provide a dramatic entry into Naples and Golden Gate instead of conventional interstate commercial uses. ii. Define generalized alignments for two-lane collector roads and "missing links" in the NGGE road system and illustrate cross-sections for these roads that include rows of native shade trees that will grow together to form a tree canopy. !11. Delineate general subareas of Golden Gate Estates having differing characters so that the updated master plan can consider appropriate treatments for each. iv. Identify suitable locations for minor commercial uses in the form of rural crossroads, hamlets, or rural villages. Ve Prepare general criteria for a design review system for all new commercial development in Golden Gate Estates. vi. Identify any specific areas of environmental sensitivity where further development would be undesirable and other areas that may be suitable for a transfer of development rights into areas designated for minor commercial uses. Include the new "proposed publicly owned natural lands" acquisition area just north of Alligator Alley as shown in the greenspace manual. vii. Include a refinement of the trail and greenway system and proposed neighborhood parks as shown in the Greenspace Manual. VIII. Develop strategies for raising groundwater levels and reestablishing at least parts of the original flowways that ran through Golden Gate Estates. 2.31.26 Flowways could be reestablished on public lands as actual sloughs or could remain as forested greenbelts running across private lands. ix. Identify potential locations for new neighborhood centers that could serve Golden Gate Estates. These locations could include land within or near the Orangetree settlement area or unplatted land west of 12th and 14th Avenues SE. When republishing the countywide future land use map, include an outline or hatched pattern to indicate the regulatory area included in the Golden Gate Area Master Plan so that its special provisions would be immediately apparent. Thoroughfare Plan a. Include on the county's new thoroughfare plan: A series of two-lane collector roads that will provide alternate routes for travel between Golden Gate Estates and coastal Collier County; and ii. "missing links" in the Golden Gate Estates road system where short road segments or new bridges could be installed to make the existing road network more functional. Land Development Code a. Establish a design review system for new commercial development in Golden Gate Estates. D. Objective Achievement Analysis: A complete analysis of the Golden Gate Area Master Plan (GGAMP), including an analysis relative to the recommendations of the Community Character Plan, is provided within Section 1.5 of this Evaluation & Appraisal Report. Section 1.5 will also discuss recent and proposed amendments to the GGAMP. The following is a discussion of the Goals, Objectives, Policies and Future Land Use Designations discussed within part B., above: Public Facilities Element, Drainage Subelement, Policy 1.3.4: This policy commits the County to drainage improvements within both the Urban and Estates designated areas. This is an ongoing task. Conservation & Coastal Management Element, Policy 6.1.1: This policy sets out the native vegetation preservation requirements for various types of land uses and Future Land Use Designations within Collier County. It contains a provision recognizing that the Golden Gate Area Master Plan (GGAMP) is in the process of being updated and allows native vegetation preservation requirements to vary within the GGAMP through 2.31.27 the plan amendment process. However, the County is not proposing to alter these requirements within the portion of the County covered by the GGAMP. Conservation & Coastal Management Element, Policy 6.2.3: This is the County's wetlands preservation policy. The policy states that, "Within the Urban and Estates designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, this shall be deemed to preserve and protect wetlands and their functions." The policy also contains preservation criteria for the County's Natural Resource Protection Areas, one of which is South Golden Gate Estates. The plan then notes that "more intensive development" is allowed in certain areas of the County, including Golden Gate Estates. Conservation & Coastal Management Element, Policy 6.2.4: This policy deals with wetland preservation procedures within Collier County's Urban Designated Area. Relative to the topic of antiquated subdivisions, the Urban Designation includes Golden Gate City, a platted (antiquated) subdivision. Conservation & Coastal Management Element, Policy 6.2.6: Within the Urban Designation, this policy requires that wetland preservation, buffer areas, and mitigation areas are to be dedicated as conservation and common areas in the form of conservation easements and are to be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas are also to be depicted on the PUD Master Plan. Relative to the topic of antiquated subdivisions, the Urban Designation includes Golden Gate City, a platted (antiquated) subdivision. Conservation & Coastal Management Element, Policy 6.2.7: Within the Estates Designated Area and the Rural Settlement Area (Orangetree PUD), this policy requires that the County is to rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. Future Land Use Element (FLUE) Policy 1.2: This policy establishes the Future Land Use Designations for the Agricultural/Rural portion of the County. This designation includes the Rural Settlement Area District, also known as the Orangetree PUD. This project was formerly known as the antiquated subdivision of North Golden Gate City. Future Land Use Element (FLUE) Policy 1.3: This policy recognizes the Estates Future Land Use Designation, and its accompanying districts and subdistricts, as contained in the Golden Gate Area Master Plan (GGAMP) Element. Future Land Use Element (FLUE) Policy 4.1: This policy recognizes the existence of the GGAMP. Future Land Use Element (FLUE) Policy 4.3: This policy recognizes the existence of the Marco Island Master Plan (MIMP), approved in 1997. Marco Island contains 2.31.28 antiquated subdivision areas. However, in 1997 the island was incorporated and the antiquated lots are now part of the City of Marco Island. Future Land Use Element (FLUE) Policy 4.4: This policy notes that corridor management plans have been established along several roadways within unincorporated Collier County and the City of Naples. Among these is Golden Gate Parkway from US 41 to Santa Barbara Boulevard. This corridor is partly within the Estates. Future Land Use Element (FLUE) Policy 4.7: This policy recognizes several areas of the County wherein the Board of County Commissioners may designate community redevelopment areas (CRAs). One of these is along C.R. 951 between Green Boulevard and Golden Gate Parkway, within Golden Gate City. Staff notes that there is currently no CRA in this area. Future Land Use Element (FLUE) Policy 5.5: This policy allows urban intensity uses to be established within the Rural Settlement Area District (Orangetree PUD). Future Land Use Element, Future Land Use Designation Description Section: Urban Designation: This designation includes Golden Gate City, an antiquated subdivision. Urban - Mixed Use District: This designation includes Golden Gate City, an antiquated subdivision. It also includes Port of the Islands, a vested resort subdivision located entirely within the Big Cypress Area of Critical State Concern. Mixed Use Activity Center Subdistrict: This designation identifies, and contains requirements for the County's Mixed-Use Activity Centers. One of these is located on Golden Gate Parkway, within Golden Gate City. Rural & Agricultural Area Assessment: This section of the FLUE describes the requirements and purpose of the County's Rural & Agricultural Area Assessment. Among the portions of the County affected by the assessment is South Golden Gate Estates, a former antiquated subdivision, now more than 90% state-owned. Natural Resource Protection Areas (NRPAs): This section describes land use regulations for the County's Natural Resource Protection Areas, including South Golden Gate Estates. Rural - Settlement Area District: This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. Land uses within this area (the Orangetree PUD) are controlled by the terms of a court settlement that has been written into the Golden Gate Area Master Plan Element and the Future Land Use Element. 2.31.29 Estates Designation: This Designation encompasses lands, which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The Estates Designated Areas are included within the areas regulated by the requirements of the Golden Gate Area Master Plan. Area of Critical State Concern Overlay: This Planning Overlay is analogous to the boundaries of the Big Cypress Area of Critical State Concern (ACSC). The ACSC includes a portion of South Golden Gate Estates and all of the Port of the Islands Development. Natural Resource Protection Area Overlay: As noted previously, this designation includes South Golden Gate Estates, a former antiquated subdivision. E. CONCLUSION: This section of the E.A.R. summarizes Collier County's efforts at managing growth in its large, antiquated subdivision areas, particularly Golden Gate Estates. The Estates, with Golden Gate City, are regulated through the Golden Gate Area Master Plan, an Element of the County's Growth Management Plan. This Element is currently undergoing a two- phased amendment process, the Golden Gate Area Master Plan Restudy. Phase 1 of the Restudy Amendments was approved in September of 2003 and has recently become effective. Phase 2 of the Restudy Amendments will be transmitted to the Florida Department of Community Affairs during 2004. It remains uncontroverted that the Master Planning process remains the best means by which to manage growth within the antiquated subdivision areas. These areas are not amenable to large-scale deplatting or replatting methods because a large percentage of the antiquated lots are currently occupied by single-family homes. Perhaps, in the past, the County should have taken the opportunity to replat portions of these areas, but that opportunity is now gone. Through the Master Plan process, the County has taken a phased approach to gradually provide these areas (particularly Golden Gate Estates) with public services and amenities. The Golden Gate Area Master Plan (GGAMP) and the ongoing Restudy Amendment Process are further described in Section 1.5. 2.31.30 2.32 Urban Development Pattern - Traffic Congestion Boundary A. Introduction & Background: In accordance with the Letter of Understanding between Collier County and the Florida Department of Community Affairs (DCA), the Evaluation & Appraisal Report is required to evaluate whether the Density Rating System (DRS), which guides residential density within the Greater Naples Urban Area, and its use of the traffic congestion boundary, which lowers the allocated density for developments located west of the boundary, have been effective in achieving plan objectives related to hurricane evacuation and urban infillo The County's Density Rating System is contained within the Future Land Use Element (FLUE), the Golden Gate Area Master Plan and the Immokalee Area Master Plan. However, only the FLUE contains Density Reduction Factors, such as the Traffic Congestion Area Boundary. The purpose of the Density Rating System is to provide a methodology for allocating residential density (i.e., residential units per gross acre) through the development review process. The Traffic Congestion Area Boundary Density Reduction Factor was intended as a means of reducing long-range traffic impacts of new development within the coastal urban area. This Density Reduction Factor was not intended to relate to hurricane evacuation (at least, not directly). Additionally, it would not provide any incentive for urban infill development. The text of the Reduction Factor is contained in part B., of this section of the Evaluation & Appraisal Report. B. Identification of Specific Goals, Objectives & Policies: Reference to the Traffic Congestion Area Boundary Density Reduction Factor is contained solely in the FLUE. The relevant policies and Future Land Use Designations are as follows: Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore/Gateway Triangle Redevelopment Overlay G. Coastal High Hazard Area Boundary H. Traffic Congestion Area Boundary I. Incorporated Areas 2.32.1 Policy 2.4: Pursuant to Rule 9J-5~0055(6)(a) 3., Florida Administrative Code and the Urban [nfill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policies 5~5 and 5.6 of the Transportation Element. Developments within the South U.S. 41 TCEA that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element, Policy 5.6, and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction as contained in the Density Rating System of this Element. Developments within the Northwest and East-Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Policies 5.7 and 5.8, and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction, as contained in the Density Rating System of this Elemento Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Future Land Use Designation Section of FLUE: Density Rating System: a. Density Bonuses: 2. Proximity to Mixed Use Activity Center or Interchange Activity Center: If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a projecl is within the density band, the additional density applies to the gross acreatge of the entire pro.jeer, Density b~mds are designated on the 2.32.2 Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. 5. Roadway Access: If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. b. Density Reduction: 1. Traffic Congestion Area: If the project is within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reductiom Furthermore, the density reduction shall not apply to developments located within the South U.S. TCEA (as identified within Transportation Element, Map TR-4, and Transportation Element, Policies 5.5 and 5.6, and FLUE Policy 2.4) that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6, and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of the plan of development. This reduction shall likewise not be applied to developments within the Northwest and East-Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Element, Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7~7 of the Collier County Land Development Code, as amended) as part of the plan of development. C. Data Assessment: As par~ of the analysis of this ~ssue, Collier County staff examined both Planned Unit Development and traditional ("stl'aig. Iat") rezones, with residential components, thai had occurred within tine Traffic Congestion Area since t997. In total, staff analyzed thirty- two (32) approved PUDs (with residential components) that occurred in the Traffic Congestion Area, The results are summarized in Table 2~32-i, below. TABLE 2.32-1 APPROVED RESIDENTIAL COMPONENT PUDs IN TRAFFIC CONGESTION AREA 1997 - 2003 PUD NAME DATE TOTAL TOTAL GROSS APPROVED ACREAGE+ UNITS DENSITY# APPROVED* PELICAN LAKE 11/18/1997 101.00 400 4.00 THE RETREAT 11 / 18/1997 209.00 740 4.00 NORTH NAPLES 4/14/1998 19.00 88 5.00 RESEARCH & TECHNOLOGY PARK WINDSONG 9/8/1998 38.00 145 4.00 WENTWORTH 10/13/1998 1,559,00 599 1.00 ESTATES GLEN EDEN ON THE 1/26/1999 41.00 94 2.00 BAY VINCENTIAN 5/25/1999 31.00 30 1.00 NAPLES RESERVE 6/8/1999 688.00 552 2.00 GOLF CLUB, INC. WILDERNESS 10/26/1999 219.00 302 1.00 COUNTRY CLUB VICTORIA FALLS 11/23/1999 25.00 115 5.00 WINDENG CYPRESS 12/14/1999 1,928.00 2,892 2.00 DRI VILLAGE PLACE 1/11/2000 73.00 290 4.00 NORTH PORT BAY 1/25/2000 50.00 248 5.00 CHAMPION LAKES 4/11/2000 101.00 300 3~00 RV RESORT CHARLEE ESTATES 5/23/2000 20.00 100 LOCH RIDGE 5/23/2000 13.00 64 GREY OAKS DRI** 6/27/2000 1,601.00 1,136 I 1.00 THE DUNES 11/14/2000 89.00 640 I 3.00 BAILEY LANE** 11/28/2000 25.00 75 3.00 MARCO 12/12/2000 4,439.00 9,230 2.00 S H ORES/FIDD LER' S COCOHATCHEE BAY 12/12/2000 532.00 590 I 1.00 CASTLEWOOD ,AT 3/27/2001 21,00 34 1.00 IMPERIAL LAKES 2.32~4- TABLE 2.32-1 (CON.) APPROVED RESIDENTIAL COMPONENT PUDs IN TRAFFIC CONGESTION AREA 1997 - 2003 PUD NAME DATE TOTAL TOTAL UNITS~ GROSS APPROVED ACREAGE APPROVED* DENSITY# CALUSA ISLAND 6/12/2001 7.00 47 8.00 VILLAGE LELY BAREFOOT 6/26/2001 333.00 750 2.00 BEACH** MEDITERRA 11/13/2001 954.00 750 1.00 SALVATION 11/27/2001 7.00 20 3.00 ARMY FALLING 11/27/2001 77.00 451 6.00 WATERS BEACH RESORT WALNUT LAKES 11/27/2001 204.00 612 3.00 SANDPIPER 1/8/2002 13.00 170 12.00 VILLAGE MOORINGS PARK 3/12/2002 83.00 414 5.00 ESTATES HENDERSON 3/26/2002 49.00 224 8.00 CREEK PUD PELICAN MARSH 12/17/2002 2,073.00 4,800 2.00 DRI** TOTALS 15.622.00 26,902 - 4.18 Legend for Table 2.32-1' + - Approximate Acreage. * This is the approved number of units, of all types, within the residential portion of the project. # - The gross density has been rounded to the nearest whole number. ** These projects were modifications of previously approved developments. Clearly, Table 2.32-1 demonstrates that the Traffic Congestion Area Density Reduction Factor has not been a significant impediment to residential development in the subject area. There are two primary reasons why the Traffic Congestion Area Density Reduction Factor has not been as successful as originally intended. The reduction factor, as used within the County's development review process, subtracts one (1) unit of density from any residential project proposed within the subject area. However, the Future Land Use Element also contains Density Bonus Provisions. It is possible, by wise use of these Density Bonus Provisions, to counteract the loss of density caused by the Traffic Congestion Area Reduction Factor. For instance, use of the Bonus Provision for conversion of commercial zoning to residential zoning can allow a project to be eligible for the County's maximum allowable density (16 units per acre). Historically, the majority of projects do not develop to their maximum approved density at any rate. Thus, as regards the actual completion of an approved development, the density reduction factor may have little or no impact~ D. Objective Achievement Analysis: FLUE Policy 1.5: Policy 1.5 simply lists the FLUE's various Future Land Use Overlays and Special Features. There is no stated requirement or achievement with regard to this Policy. FLUE Policy 2.4: This policy was adopted during 2003 as part of the County's Checkbook Transportation Concurrency Management System The policy contains two provisions relative to the Traffic Congestion Area Reduction Factor. Developments within the South U.S. 41 Traffic Concurrency Exception Area (TCEA) that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element, Policy 5.6, and that include affordable housing as part of their plan of development are not subject to the Traffic Congestion Density Reduction as contained in the Density Rating System of the Future Land Use Element. Developments within the Northwest and East-Central Traffic Concurrency Management Areas (TCMAs) that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Policies 5.7 and 5.8, and that include affordable housing as part of their' phm of development are not subject to the Traffic Congestion Density Reduction, as contained in the Density Rating System of the Future Land Use Element, 2.32.6 The purpose of the above provisions was to provide an incenlive for the creation of affordable housing within the TCMAs and TCEA. FLUE Density Bonus 2: Proximity to Mixed Use Activity Center or Interchange Activity Center: This provision allows additional residential density within, and within the immediate vicinity of Mixed-Use Activity Centers and Interchange Activity Centers~ However, the provision does not apply to development within the Traffic Congestion Area Boundary. FLUE Density Bonus 5: Roadway Access: This provision allows projects having direct access to 2 or more arterial or collector roads to receive additional residential density. However, the provision does not apply to development within the Traffic Congestion Area Boundaryo FLUE Density Reduction 1: Traffic Congestion Area: This provision describes the density reduction factor for the Traffic Congestion Area. The reduction factor comes into play during Comprehensive Planning staff's review of rezone applications for consistency with the Collier County Growth Management Plan~ In order to arrive at a recommended number of units and recommended density for a proposed development, staff uses the following equation: Base Density (generally 4 units/acre, but can vary) minus Traffic Congestion Area Reduction Factor (-1 unit/acre) + any applicable density bonuses = the Total Eligible Density. Note, however, that the maximum allowable density within the County's Urban Designated Area is 16 units per acre. Final determination of a proposed project's density (assuming the project is approved) is the prerogative of the Board of County Commissioners. E. Conclusion: The sole purpose of Collier County's Density Rating System is to provide a methodology for allocating residential density (i.e., residential nnits per gross acre) through the development review process. As part of' the Density Rating System, the Traffic Congestion Area Boundary Density Reduction Factor was intended as a means of reducing long-range traffic impacts of new development within the coastal urban area. This Density Reduction Factor was not intended to relate to hurricane evacuation (at least, not directly), Additionally, it does not provide any incentive for urban infill development° In fact, it could be regarded as a disincentive to urban infill. However~ even in regard to its intended purpose, the Traffic Congestion Area Boundary Reduction Factor has not been effective~ 2.32.7 F. Recommendation: As part of the EAR-based amendments, this reduction factor should be deleted and replaced with a reduction factor relative to the Coastal High-Hazard Area. There are four (4) reasons for this recommendation: It is possible, by wise use of Density Bonus Provisions, to counteract the loss of density caused by the Traffic Congestion Area Reduction Factor. For instance, use of the Bonus Provision for conversion of commercial zoning can allow a project to be eligible for the County's maximum allowable density (16 units per acre). Historically, the majority of projects do not develop to their maximum approved density at any rate. Thus, as regards the actual completion of an approved development, the density reduction factor may have little or no impact. The County has recently adopted a "checkbook" concurrency system, which in many ways obviates the need for the Traffic Congestion Reduction Factor. A Coastal High Hazard Area Density Reduction Factor would be more closely related to reduction of hurricane evacuation impacts and would not be as much of a disincentive to urban infill, as it would incorporate a smaller portion of the urban area. 2.33 Economic Development- Immokalee Urban Boundary A. Introduction & Background: In accordance with the Letter of Understanding between Collier County and the Florida Department of Community Affairs (DCA), the Evaluation & Appraisal Report (EAR) is required to evaluate the success of implementation activities in attracting new businesses, permanent residents and financial investment to the Immokalee Area° There are two aspects to this requirement. One aspect is an evaluation as to whether the Immokalee Urban Boundary (i.e., the shape and size of the Immokalee Urban Area Designation) has had an impact on the area's attraction of "new businesses, permanent residents and financial investment." The second aspect of the requirement concerns the manner in which Growth Management Plan goals, objectives and policies relative to the Immokalee Area have been implemented, and the impact of such implementation "in attracting new businesses, permanent residents and financial investment to the Immokalee Area." B. Identification of Specific Goals, Objectives & Policies: References to the Immokalee Urban area appear in the following Elements and Sub- Elements of the Collier County Growth Management Plan (GMP): Public Facilities Element, Sanitary Sewer Sub-Element Public Facilities Element, Potable Water Sub-Element Public Facilities Element, Drainage Sub-Element Public Facilities Element, Solid Waste Sub-Element Housing Elemeut Recreation & Open Space Element Conservation & Coastal Management Element Intergovernmental Coordination Element Future Land Use Element This section of the EAR does not evaluate the successes and shortcomings of the Immokalee Area Master Plan (see Section 1.5.J of this report). For the Elements and Sub-Elements of the Collier County Growth Management Plan (GMP), the following Goals, Objectives, Policies and Future Land Use Designations reference the Immokalee Urban Area: Sanitary Sewer Sub-Element Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towl~:~, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Boundaries on Figure SS- 1 of the 2.33~1 Sanitary Sewer Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS-2 of the Sanitary Sewer Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Within Section 15 (Township 48 South, Range 26 East) of the approved Mirasol PUD, which is designated Neutral, central sanitary sewer systems may be permitted. This area is depicted on the Rural Transition Water and Sewer District-Mirasol map (PW-2.1). Potable Water Sub-Element Policy 1.2.4: Permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW-1); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; within the Rural Transition Water and Sewer District - Mirasol map (Figure PW-2.1); in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries map (Figure PW-1) on an interim basis until County water service is available: individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW-1 on an interim basis until a potable water supply system is available; [individual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available]; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW-I. and outside of Towus, Villages and those Compact Rural Developments greater then one hundred (100) acres in size within the Rttra} [_ands Stewardship Area Overlay - all areas where potable water 2.33.2 supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in 'Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Potable Water Sub-Element Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW-1 of the Potable Water Sub-element, except the outlying urban areas of lmmokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Within Section 15 (Township 48 South, Range 26 East) of the approved Mirasol PUD, which is designated Neutral, central potable water systems may be permitted. This area is depicted on the Rural Transition Water and Sewer District- Mirasol map (Figure PW-2.1). Drainage Sub-Element Policy 1.1.5: Three (3) detailed basin studies were planned within the 5-year planning time frame as follows: Basin Starting Date Completion Date Gordon River Extension FY 96/97 FY 98/99 Belle Meade FY 98/99 FY 2000/2001 Immokalee FY 2000/2001 FY 2002/2003 As the studies are completed, the results will be made available to the property owners located within the basin boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation of the studies recommendations. 2..33.3 Drainage Sub-Element Policy 1.2.1: The following levels of service for drainage are hereby adopted for the purpose of issuing development permits: mo Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10 and Land Development Code Ordinance 91-102 as amended. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin D Cypress Canal Basin D Harvey Canal Basin D 1-75 Canal Basin D Green Canal Basin C Airport Road Canal South Basin D Corkscrew Canal Basin D Orange Tree Canal Basin D 951 Canal Central Basin C DISTRICT NO. 6 SYSTEM Rock Creek Basin D C-4 Canal Basin C3 Lely Main Canal Basin D Lely Canal Branch Basin D Lely Manor Canal Basin D Haldeman Creek Basin D Winter Park Outlet Basin D COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Pahn Rive~ Canal Basin D West Branch Cocohatchee Rix,,er Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin D 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin D Goodlette-Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D FAKA-UNION SYSTEM Faka-Union Canal Basin D Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin C SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-4! Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slongh Basin D Solid Waste Sub-Element OBJECTIVE 1.1: (COLLECTION) The maintenance of a safe, dependable and efficient solid waste collection system. Presen! Level of Service includes two (2) franchise collection areas and three transfer stations: a. Unincorporated County service area; b. 12nmokalee service area; c. Three (3) transfer stations~ 1. Naples Transfer Station 2. Marco Transfer Station 3. Camestown Transfer Slation 2.33.5 Housing Element Policy 4.6: By June 1, 2001, Collier County will conduct an inventory to determine the number of non-conforming and sub-standard mobile home housing units in the Immokalee Urban Area and develop an incentive plan to upgrade these units through the following activities: Assign a team of staff members fi'om the following departments to implement the program: Code Enforcement, Building Review, Planning and Housing and Urban Improvement. 2. Coordinate with other agencies that monitor and inspect mobile home parks° Create and incorporate into the Collier County Land Development Code, flexible development standards that will be based on minimum life and safety standards. 4o Provide economic incentives to encourage the replacement of sub-standard units. Housing Element Policy 4.7: Within one year of inventory completion, the County shall complete a review of the residential density caps established in the Immokalee Area Master Plan to determine if and where it may be appropriate to increase such caps to encourage the development of new affordable housing units for farmworkers, very low and low income individuals~ Housing Element Policy 8.1: The County will coordinate with the USDA and other State and Federal Agencies to provide technical and financial assistance, impact fee waivers and deferrals and increased density, consistent with the hnmokalee Area Master Plan, for a 300 bed facility to provide housing for unaccompanied agribusiness workers. Housing Element Policy 8.2: The County will prepare a housing assessment of single family, multi-family, and mobile home units and mobile home parks in the Immokalee Urban Area to determine the number of units that do not meet health and safety codes and the minilnum housing code and target affordable housing and code enforcement programs to correct the conditions, Recreation & Open Space Element Objective 3.1 By the year 2010, the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the lmmokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban Designated Areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee) This plan will include the identification of future community and regional park sites (or general areas), park improvements, cost estimates, and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park siteso Recreation & Open Space Element Policy 3.1.7 By the year 2010, the Parks and Recreation Department and the Transportation Operations Department will investigate the utilization of the existing canal and power line easements to create a greenway system throughout the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). Conservation & Coastal Management Element Policy 6.2.3 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetland systems~ These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the Urban boundary Many fall within public lands or lands targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRPA or Sending designations in the Rural Fringe. Protection measures for wetlands and wetland systems located within the Eastern Lands portion of the County's Rural and Agricultural Assessment (depicted on the FLUM) will be adopted prior to November 1, 2002. Within the Urban and Estates designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, this shall be deemed to preserve and protect wetlands and their functions. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses Collier County shall direct incompatible land uses away fi'om these large landscape scale wetland systems by the following mechanisms: 2.33 (1) Conservation Designation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundary of the land designated as Conservation on the Future Land Use Map~ The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non-residential development. These limitations support Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) Big Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlayo The land development regulations contained in the ACSC Overlay District on the Future Land Use Map provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems, The development standards for the ACSC Overlay specifies that site alterations shall be limited to 10% of the total site. A large percentage of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (Land Use Designation Section V.) (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map. These areas identify high functioning wetland systems in the County and represent an additional 12%_+ of County wetlands that are not located in Conservation Lands, Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses for NRPAs are also subject to native vegetation and preservation standards of 90%, (Reference the NRPA Overlay in the FLUE.) (4) Rural Fringe Mixed Use District Sending Lands Best available data indicates that 16,000+ acres of wetlands are contained within designated Sending Lands constituting 70%_+ of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive based Transfer of Development Rights Program that allows land owners within these Sendin~ Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed rise District Receiving l.ands, Incompatible land uses are also directed away from Sending Lands by restricting allowable uses. (Reference FLUE Rural F~'inge Mixed Use District.) Finally, allowable rises within these lands are also 2.33.8 subject to native vegetation retention and preservation standards of 80% to 90%. (Reference CCME Policy 6.7.1) (5) Flowway Stewardship Areas Within the Rural Lands Stewardship Area (RLSA) Overlay as designated on the Future Land Use map, Flowway Stewardship Areas (FSAs) are primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the primary wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures. Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands° Except for tidal wetlands within the coastal portion of the Urban Designated Area, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA overlays, and Rural Fringe Sending Lands. On a project-specific basis, wetlands and wetland functions shall be protected through the following mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting; (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 6.2; and (4) Clustering provisions specified in the FLUE (Reference FLUE Rural Fringe Mixed Use District.). Conservation & Coastal Management Element Policy 6.2.4: Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. This policy shall be implemented as follows: (l) (2) Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this 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, The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permittin~ site improvements, excep! in the 2.33.9 case of single-family residences which are not part of an at)proved development or are not platted. (3) Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public entity such as CREW lands; public or private mitigation banks; and other areas appropriate for mitigation, such as flow ways and areas containing habitat for listed species° (4) Within the lmmokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in Policy 6.2.5 shall apply in this area. As part of the County's Evaluation and Appraisal Report (EAR), the County shall identify this area and map its boundaries on the Future Land Use Map. Intergovernmental Coordination Element GOAL 1: PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROWARD, DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF EVERGLADES AND NAPLES, COLLIER COUNTY SCHOOL BOARD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRINT/UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE DIVISION (MSTU), FLORIDA WATER SERVICES, FLORIDA CITIES WATER COMPANY, MEDIA ONE, AND CABLEVISION INDUSTRIES, THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS~ Future Land Use Element Policy 4.2: A detailed Master Plan for the [mmokalee has been developed and was incorporated into this Growth Management Plan in February, 1991 The Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housing, Urban Design, Land Development Regulations and other considerations, Major purposes of the Master Plan shall be coordination of land use and transportation planning, redevelopment or renewal of blighted areas and elimination of land use~, inconsistent with the community's character. Future Land Use Element Future Land Use Designation Description Section: I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. [t is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within theme Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area~ The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow~ b. Non-residential uses including: 7. 8. 10 Essential services as defined by the most recent Land Development Code. Parks, open space and recreational uses; Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR-SP-93-01), May 1995; Child care centers; Community facilities such as churches group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; Safety service facilities; Utility and communication facilities; Earth mining, oil extraction, and related processing; Agriculture; Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; ( b ) The .site has direct principal access to a road classified as an arterial in the Fransportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of the local roadway, 2.33~ I I (c) ll. 12. 13,, 14. intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and The use will be compatible with surrounding land uses, Support research medical medical injuries medical facilities such as physicians' offices, medical clinics, treatment, and rehabilitative centers, and pharmacies provided the dominant use is related and located within l/~ mile of existing or approved hospitals or centers which offer primary and urgent care treatment for all types of and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for ali types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict., Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay, Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial t~se and/or limiting access to the commercial use, Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban Mixed Use District. and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 2.33.12 Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as permitted in the Bayshore/Gateway Triangle Redevelopment Overlayo 16. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-industrial District. 17. Research and Technology Park uses subject to criteria identified in the Urban - Mixed Use District, Urban Commercial District and Urban-Industrial District. Future Land Use Element Future Land Use Designation Description Section: DENSITY RATING SYSTEM This Density Rating System is only applicable to areas designated: Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, and those properties specifically identified within the Urban Residential Fringe Subdistrict, which are eligible to apply for an Affordable Density Bonus only, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and, Agricultural/Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may' be adjusted depending upon the location and characteristics of the project~ For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict~ and except for mixed residential and commercial uses as provided for in the C-1 through C-3 zoning districts in the Collier County Land Development Code, via conditional use. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings that are not intended and not designed for permanent occupancy and not intended for rental or other commercial use; such accessory dwellings include guest houses, servants quarters~ mother-in-law's quarters, cabanas, guest suites, and the like. Future Land Use Element Future Land Use Designation Description Section: V. OVERLAYS AND SPECIAL FEATURES D. Rural Lands Stewardship Area Overlay Goal Collier County seeks to address the long-term needs of residents and property owners within the lmmokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment. Collier County's goal is to protect agricultural activities, to prevent the premature conversion of agricultural land to non-agricultural uses, to direct incompatible uses away from wetlands and upland habitat, to enable the conversion of rural land to other uses in appropriate locations, to discourage urban sprawl, and to encourage development that utilizes creative land use planning techniques. Rural Lands Stewardship Area Overlay Policy 1.15: Land becomes designated as an SRA upon the adoption of a resolution by the Collier County Board of County Commissioners (BCC) approving the petition by the property owner seeking such designation. Any change in the residential density or non-residential intensity of land use on a parcel of land located within a SRA shall be specified in the resolution reflecting the total number of transferable Credits assigned to the parcel of land. Density and intensity within the RLSA or within an SRA 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. Rural Lands Stewardship Area Overlay Policy 4.7: There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets~ and Compact Rural Development (CRD). The Characteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations~ guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 ( I 1 ), F.S. and 0J-5.006(5)(1). The size and base density of each form shall be consistent with the standards set forth on Attachment C: The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the lmmokalee Area Master Plan or through the affordable housing density bonus as referenced in the Density Rating System of the Future Land Use Element, The base residential density is calculated by dividing the total numbe~~ of residential uni[s in a SRA by the overall area therein. The base residential density does not restrict l~et t-es~dential density of parcels within a SRA The location, size 2.33. i4 and density of each SRA will be determined on an individual basis during the SRA designation review and approval process, Rural Lands Stewardship Area Overlay Policy 4.15: 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, 4o7ol, &7.2, 4.7.3, 4.7.4 and Attachment C. An appropriate mix of retail, office, recreational, civic, governmental, and institutional uses will be available to serve the daily needs and community wide needs of residents of the RLSA Depending on the size, scale, and character of a SRA, such uses may be provided either within the specific SRA, within other SRAs in the RLSA or within the Immokalee Urban Area. By example, each Village or Town shall provide for neighborhood retail/office uses to serve its population as well as appropriate civic and institutional uses, however, the combined population of several Villages and Hamlets may be required to support community scaled retail or office uses in a nearby Town. Standards for the minimum amount of non-residential uses in each category are set forth in Attachment C, and shall be also included in the Stewardship LDC District. Rural Lands Stewardship Area Overlay Policy 4.16: A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure nmst be provided concurrently with the demand. The level of infrastructure provided will depend on the type of development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. Infrastructure to be analyzed includes transportation, potable water,. wastewater, irrigation water, stormwater management, and solid waste. Transportation infrastructure is discussed in Policy 4~ 14. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and n-taintained by a private utility service, the developer, a Community Development District, the [mmokalee Water Sewer Service District, Collier County, or other governmental entit? Innovative alternative water and wastewater treatment systems such as decentralized community lreatmenl systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until services from a centralized/decentralized conmmnity system are available. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size, C. Data Assessment: 1. Immokalee Urban Boundary Considerations: Any consideration of the impact of the current Immokalee Urban Boundary upon the Immokalee Community must begin with an understanding of how and why the boundary was established in the manner that it was. Collier County adopted its first comprehensive plan on May 8, 1979. As part of that plan, the County also adopted a series of maps depicting "desired long range uses of the land" within Collier County (forerunners of the County's Future Land Use Map)4 These maps divided the County into seven Work Study Areas (WSAs). The WSAs were based upon section, township and range boundaries. When the comprehensive plan was updated in 1983, it was determined that the WSA system was inefficient in allowing staff to analyze the needs of the various portions of the county with regard to housing, population, future development, essential services, and other factors. Therefore, the 1983 Plan divided the County into 11 Planning Communities, based upon 1980 U.S~ Census Tract Boundaries. The current delineation of the Immokalee Urban Area appears to date from the 1983 Comprehensive Plan. However, a 1980 Census Tract Map in the possession of staff appears to conflict with the 1983 Plan's assertion that the hnmokalee Planning Area Boundary was based upon census tracts. This map shows an Immokalee Boundary that is unlike the current boundary. The 1980 map may be based upon State Highway Maps depicting a generalized ~hnmokalee Designated Place." To further compound the confusion, the 1990 Census Tract Map for Collier County shows no Immokalee Boundary. Meanwhile, in 1989, Collier County adopted the current format for its local government comprehensive plan (the Collier County Growth Management Plan, or GMP). Prior to 1989, the County operated under the plan format adopted in 1983. Provisions within the 1989 GMP required the County to begin the process of developing area master plan elements for Marco Island, Golden Gate and Immokalee, As a result of these provisions, the Board of County Commissioners adopted the hnmokalee Area Master Plan in 199 i. Because, between 1989 and 1991~ the Immokalee Area was considered part of the Countywide Future Land Use Map (FLUM), the 1989 GMP did not contain any reference to a separate Immokalee Urban Boundary Accordingly~ the hnmokalee Area was not designated on the FLUM until after adoption of the hnmokalee Area Master Plan dAMP) in 1991. The urban boundaries designated within the 1991 [AMP appear to be based upon the 1983 Planning Community boundaries. It thus appears that changes to the existing boundaries have never been considered. Finally, the 2000 Census Tract Map shows the hnmokalee Urban Boundary~ as identified within the Immokalee Area Master Plan and the Countywide Future Land Use Map, The map continues to show little or no obvious relationship between the Urban Boundary and Census Tract boundaries. During the current analysis of the Immokalee Area Master Plan (see Section 1.5.J of this report), which is being undertaken by County staff in conjunction with preparation of the Evaluation & Appraisal Report, it has become apparent that the original 1983 Immokalee Planning Area Boundary was based upon the [mmokalee Water & Sewer District Service Area, with some deviations to incorporate the boundaries of the Immokalee Regional Airport and certain outlying areas. This boundary was later incorporated into the Immokalee Area Master Plan (LAMP) in 1991, and has remained unchanged since that time. The currently identified lmmokalee Urban Area appears on both the IAMP and Countywide Futura Land Use Maps~ During the current update of the lAMP, the County considered both contracting and expanding the current Immokalee Urban Boundary. The designated Immokalee Urban Area is considerably larger than the historic Immokalee core area and street grid. The current population projection for the Immokalee Area (as of April of 2002) is 22,394. The projected buildout population (based strictly upon the size of the current Urban Area) exceeds 100,000 persons. This indicates that the Urban Area has significant unrealized growth potential. Further, this potential is not likely to be met under the current circumstances. However, the currently recognized Immokalee Urban Area is consistent with the Collier County Future Land Use Element's (FLUE's) definition of an urban area, which is: "Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within ~hem. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area." The Immokalee Urban Area meets these criteria because it has or is projected to receive future urban support facilities and services, in the sense that the Urban Designation is almost entirely encompassed by the hnmokalee Water & Sewer District Boundaries. Therefore, despite the area's "unrealized growth potential," it does not seem prudent or necessary to contract the Urban Boundaries. Staff also considered the potential for expanding the current Urban Boundary. In part, the consideration of an Urban Boundary expansion arose because the [mmokalee Water & Sewer District is in the process of expanding its service area. The District is an independent governmental district that was created by a Special Act of the State Legislature in 1978. The District has its own governmental board, whose members are appointed by the Governor of Florida, While thc District must coordinate with County 2.33~ 17 Agencies, and it is subject to County LOS Standards, its board is otherwise not subject to the Collier County Board of County Commissioners~ While it is necessary to coordinate future land uses with adequate public facilities, there is no requirement in State Law that requires the Immokalee Community to conform to the shape of the Immokalee Water & Sewer District's Service Area. It is not unusual for utility service areas (even public utilities) to be larger or smaller than the primary urban areas they serve~ As an example, the service area for City of Punta Gorda Utilities (in Charlotte County) is larger than the geographic area of the City of Punta Gorda, while the service area for Cape Coral Utilities (in Lee County) is currently much smaller than the City of Cape Coral~ A number of other factors have also led County staff to the conclusion that the Immokalee Urban Boundary should not be expanded: The County's Rural Lands Stewardship Area (RLSA) Overlay (see Section 1.5.H of this report) has only recently (February 2004) been implemented through County Land Development Code (LDC) changes. An extension of the Urban Boundary would require an amendment to the RLSA provisions~ Immediately to the east of the Immokalee Urban Area is the Big Cypress Area of Critical State Concern (ACSC). Only limited residential and agricultural development is allowed within the ACSC, and it is not appropriate for urban designation. o To the west and northwest of Immokalee are wetland areas associated with Lake Trafford and the Corkscrew Regional Ecosystem Watershed. These areas are also within the RLSA~ Expansion of the Urban Designation into these areas would be inappropriate, North and south of Immokalee are largely vacant agricultural areas, with only limited population. In addition to being within the RLSA, these areas lack sufficient population to warran! extension of the Urban Designation~ Likewise, there are no public utilities currently planned for these areas. Therefore, the Immokalee Urban Boundary should remain as is. 2. Immokalee Implementation Activities: The second aspect of the EAR requirement (see Introduction & Background, above) concerns the manner in which Growth Management Plan goals, objectives and policies relative to the Immokalee Area have been implemented, and the impact of such implementation "in attracting new businesses, permanent residents and financial investment to the hnmokatee AreaY This is evaluated in Section l~5.J of this report. 2.33.18 D. Objective Achievement Analysis: Sanitary Sewer Sub-Element Policy 1.5.1: This policy seeks to discourage urban sprawl by permitting universal availability of central sanitary sewer facilities only in certain specific areas. The policy also recognizes that centralized sewer service (through the [mmokalee Water & Sewer District) is available in the Immokalee Area. Potable Water Sub-Element Policy 1.2.4: This policy permits the development of central potable water supply systems only in certain specific areas. The policy also recognizes that centralized potable water service (through the Immokalee Water & Sewer District) is available in the Immokalee Area. Potable Water Sub-Element Policy 1.5.1: This policy is virtually identical to Sanitm'y Sewer Sub-Element Policy 1.5.1, above. Drainage Sub-Element Policy 1.1.5: This policy recognizes three of the County's Stormwater Management Basins that were scheduled for major drainage studies during the time period 1997 through 2002° One of these is the Immokalee Basin. In actual fact, the Immokalee Basin Study has only just (April 2004) begun, under the auspices of the Big Cypress Basin Board of the South Florida Water Management District. Drainage Sub-Element Policy 1.2.1: This policy contains stormwater basin LOS standards for all of the County's identified basins, including Immokalee. Solid Waste Sub-Element OBJECTIVE 1.1: (COLLECTION) This policy recognizes the Solid Waste Department's Immokalee Service Area. The Immokalee Service Area has its own landfill (see Section 1.5.C,4 of this report for more information)~ Housing Element Policy 4.6: This policy reqnires County staff to conduct an inventory of substandard housing conditions in the [mmokalee Urban Area, with the subsequent creation of a program to ameliorate adverse conditions. The inventory was supposed to begin in 200l~ but has actually just begun (January 2004). 2.33~19 Housing Element Policy 4.7: Upon completion of the Housing Inventory, referenced in Policy 4.6, above, the County is to complete a review of the residential density caps established in the Immokalee Area Master Plan to determine if and where it may be appropriate to increase such caps to encourage the development of new affordable housing units for farmworkers, very low and low income individuals This review is currently pending completion of the Housing Inventory. Housing Element Policy 8.1: This policy requires the County to coordinate with the USDA and other State and Federal Agencies to provide technical and financial assistance, impact fee waivers and deferrals and increased density, consistent with the Immokalee Area Master Plan, for a 300 bed facility to provide housing for unaccompanied agribusiness workers. This policy refers to a specific project that was not completed. Therefore, the EAR-based amendments to the Housing Element should include deletion of this policy. Housing Element Policy 8.2: This policy requires the County to prepare a housing assessment of single family, multi- family, and mobile home units and mobile home parks in the Immokalee Urban Area to determine the number of units that do not meet health and safety codes and the minimum housing code and to target affordable housing and code enforcement programs to correct the conditions. This is an ongoing activity for County staff. Recreation & Open Space Element Objective 3.1: This Objective requires the Parks & Recreation Department to develop a Community and Regional Park Plan by the year 2010 that will provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates. This work is ongoing. Recreation & Open Space Element Policy 3.1.7: Part of the above Objective, this policy calls for the use of power tine and canal corridors to create a greenway system throughout the coastal Urban Designated Area, the hnmokalee Urban Designated Area. and Northern Golden Gate Estates. This work is ongoing. Conservation & Coastal Management Element Policy 6.2.3: This policy contains guidelines and provisions relative to the protection of wetlands and wetland functions in various parts of Collier County, including ]mmokalee. For more irfformation regarding this policy, please see Section 1.5.F of this report. Conservation & Coastal Management Element Policy 6.2.4: This policy outlines the County's reliance upon wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agencies for environmental regulation within the Urban-Designated Area (including Immokalee). Intergovernmental Coordination Element GOAL 1: The Goal of the IntergovernmentalCoor&nat~on' ' Element lists the Immokalee Water & Sewer District as one of the entities with which Collier County coordinates. Future Land Use Element Policy 4.2: This policy expressly incorporates the Immokalee Area Master Plan into the County's Future Land Use Element, Future Land Use Element Future Land Use Designation Description Section: I. URBAN AREA DESIGNATION: This Future Land Use provision contains the Collier County Growth Management Plan's definition of an urban area. It specifically includes Immokalee as an Urban Designated Area, Future Land Use Element Future Land Use Designation Description Section: DENSITY RATING SYSTEM: This description of the Density Rating System (DRS) notes that it applies to the Immokalee Urban Area. In fact, a version of the DRS is included in the Immokalee Area Master Plan, Future Land Use Element Future Land Use Designation Description Section: V. OVERLAYS AND SPECIAL FEATURES D. Rural Lands Stewardship Area Overlay Goal: The Goal of the Rural Lands Stewardship Area Overlay provisions recognizes that the RLSA Area was analogous to the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment. 2,353.'2 1 Rural Lands Stewardship Area Overlay Policy 1.15: This policy describes the manner in which land becomes designated as a Stewardship Receiving Area (SRA). It references a density and intensity blending provision contained within the Immokalee Area Master Plan. Rural Lands Stewardship Area Overlay Policy 4,7: This policy describes the four specific forms of SRA permitted within the Overlay. It references the density and intensity blending provision of the Immokalee Area Master' Plan~ Rural Lands Stewardship Area Overlay Policy 4.15: This policy calls for an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses to serve the daily needs and community wide needs of residents of the RLSA. The policy recognizes that such services could be available within the Immokalee Urban Area. Rural Lands Stewardship Area Overlay Policy 4.16: This policy requires an SRA to have adequate infrastructure available to serve the proposed development. It allows such infrastructure to be provided by the Immokalee Water Sewer Service District, among other options. E. Conclusion: At this time, there is no justification for either contracting or expanding the current boundaries of the Immokalee Urban Area. A review of the Immokalee Area Master Plan (see Section lo5.J of this report) does reveal a number of shortcomings. However, these may be addressed without impacting the current Urban Boundary. F. Recommendation: Collier County will continue to address planning issues within the currently designated [mmokalee Urban Area without the need for either contracting or expanding the current Urban Boundary, If development patterns within surrounding RLSA areas so warrant, the Immokalee Urban designation may be expanded into these areas as is appropriate. 2.34 Economic Development- Immokalee Regional Airport A. Introduction & Background: In accordance with the Letter of Understanding between Collier County and the Florida Department of Comnmnity Affairs (DCA), the Evaluation & Appraisal Report is required to evaluate the degree to which the industrial park and foreign exchange zone located at the Immokalee Regional Airport property have achieved economic benefits for the lmmokalee Area. The airport is located on a 1,100-acre tract of land in the northeast portion of the current Immokalee Urban ,Area. The airport is approximately one (1) mile fi-om the central business district of Immokalee. Primary access to the airport is via County Road 846, which intersects with the airport entrance road (Airpark Boulevard), approximately Va mile east of SR 29. The Immokalee Regional Airport was one of many Florida airports developed by the U.S. Army Air Force during World War II. The County received title to the Airport from the Federal Government in 1960. Little development of the airport facilities has occurred since that time. The airport contains both landside and airside facilities. Landside facilities include aircraft storage hangars, and fueling facilities~ Airside facilities include three 5,000 linear-foot runways (each 150 feet wide), taxiways. The airport's operational capability is second only to the Naples Airport, in relation to other County Airports. Only a relatively small portion of Immokalee Regional Airport is actually used for airport operations. Large areas of land are available fi)r future airport development, or development of other land uses that could economically benefit the Community in the event that surplus acreage were to be designated by the BCC and approved by the FAA, Currently, the airport property (which appears on both the Immokalee and Countywide Future Land Use Maps) has an industrial use designation, both in the Immokalee Area Master Plan (see Section 1.5.J of this report) and the Collier County Land Development Code (LDC)~ A portion of the Airport property has been leased to a private interest for the operation of a drag racing venue and associated campground. Currently, these uses are under a Ten-tporary Use Permit, however the private lessee and the Collier County Airport Authority (which operates all County-owned airports) are seeking to convert these uses to permanent features. Doing so would require an amendment to the hnmokalee Area Master Plan. B. Identification of Specific Goals, Objectives & Policies: As noted above, the Airport appears (as an Industrial District) on both the hmnokalee and Countywide Future Land Use Maps However, the Airport Boundary reflected on the Countywide Future Land Use Map is incorrect and should be corrected as part of the EAR-based amendments. In addition to the Future Land Use Maps, reference to the Immokalee Regional Airport appears in the following Elements of the Collier County Growth Management Plan. Transportation Element OBJECTIVE 11: The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities. Transportation Element Policy 11.1: The County shall incorporate by reference the Immokalee Regional AilT)ort, Everglades Airpark, and Marco Island Executive Airport Master Plans. Transportation Element Policy 11.2: The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans, Immokalee Area Master Plan Policy VIII.1.2: The Community Development and Environmental Services Division and the Airport Authority shall promote the development of the Immokalee Airport and surrounding commercial and industrial areas as set forth in the Immokalee Airport Master Plan. Economic Element Policy 1.3.7: Collier County will support the Location of business and industry in the Foreign Trade Zone located at the Imlnokalee Airport. C. Data Assessment: Currently, the Immokalee Area Master Plan dAMP) and its Future Land Use Map designate the Airport property as "Industrial District" (iD). According to the Land Use Designation Description Section of the IAMP, the purpose of the Industrial Designation "is to provide industrial type uses including those uses related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage, computer and data processing, business services, limited commercial such as child care centers, and restaurants and other basic industrial uses btn not including retail, as described in tine Land Development Code for the Industrial and Business Park Zoning Districts. Accessory uses and structures customarily associated with thc uses permitted in this district, including offices. ~'etail -roles, and structures, which are customarily accessory '>.34.2 and clearly incidental and subordinate to, permitted principal uses and structures are also permitted," Oddly enough, the Immokalee Industrial Designation (which includes primarily the Airport property) does not have "Airport" as an allowed use. At a minimum, the Industrial Designation should be amended to recognize the airport's existence. As part of the current Immokalee Area Master Plan Evaluation, Collier County examined the potential to convert the airport to some other use, such as an industrial park. Unfortunately, several factors concerning the airport property act to prevent such a conversion~ o All three County airports, including Immokalee, are general aviation airports included in the National Plan of Integrated Airport System (NPIAS)~ Membership in NPIAS is required for an airport to be eligible to receive federal grants under the Airport Improvement Program (AIP). The Immokalee Airport property was obtained by quitclaim deed in 1960 under the Federal Surplus Property Act. The deed contains a clause that the property shall be used for public airport purposes for the use and benefit of the public. Except as provided in the following statement, the property may be re-transferred only with the proviso that any such subsequent transferee assumes all the obligations imposed by the dee& The property may not be used, sold, salvaged, or disposed of for other than airport purposes without the written consent of the FAA. The FAA will only grant consent if it determines that such can occur without materially or adversely affecting the development, improvement, operation or maintenance of the airport at which such property is located. Therefore, ii ~/ppears the County, with FAA approval, could sell or lease the airport. Although the FAA has permitted and even encouraged some limited forms of privatization, such as contracting for airport management or allowing private companies to develop and lease terminals, it has, in the past, questioned the sale or lease of an entire airport to a private entity. A Deed of Release, dated June 9, 1965, released the County from the "national emergency use" provision contained in the 1960 quitclaim deed, thus providing the County with the ability to use certain areas of the property for industrial purposes under loug-term leasing arrangements. The immokalee Airport and Industrial Park have received grant funds through the end of FY 2002 totaling $6,412~ 129. This figure represents monies received from 5 different grant agencies, including the U.S. Department of Agriculture (S690,000), U.S. Departmem of Commerce ($793,073), U.S. Departmem of Housing and Urban Development ($750,000), Florida Office of the Governol (S327~773), and FDOT ($3,85 I~283). Any grant l-'unds received in FY 03 would need to be added to this amount~ There is a potcnliaI liability to the County for the 2.34.3 repayment of the full amount of this grant money, or some portion thereof. The exact amount would have to be determined by the respective agencies. The airport has 30 T-hangars that are leased on a month-to-month basis. Of the 13 property subleases, 4 are on a month-to-month basis, 2 are on a year-to-year basis, and one is pending renewal. Of the remaining 6, 4 expire between July 31, 2004 and March 31, 2008; one expires in 2025 and one in 2028. A legal opinion is needed to determine any penalties to the County for early termination of any or all of these leases. Additionally, grant funds are associated with some of the building leases. Selling the Immokalee Airport does not appear to be a feasible option; however, if the Board of County Commissioners wished to pursue this option, further research would be needed. In an effort to identify a potential use strategy for the Immokalee Airport, Collier County staff surveyed uses at other airports located in Southwest Florida. Of course, the two most successful (and largest) airports in the Region are Southwest Florida International Airport (located near Fort Myers, in Lee County) and Sarasota-Bradenton International Airport (located in Sarasota and Manatee Counties). However, these two airports derive the majority of their profits and success from commercial airline operations. Therefore, staff also surveyed the Region's smaller airports, which derive less benefit (or none) from commercial airline operations. The three most successful smaller airports in the Region are: Naples Municipal Airport, Naples, Florida Naples Municipal Airport is located approximately two miles northeast of the City of Naples downtown. The airport is owned by the City of Naples, but is managed by the independent Naples Airport Authority, established by the Florida Legislature in 1969. The Authority members are appointed by the City Council and serve four-year terms. The airport property contains approximately 732 acres and includes two runways. Runway 5/23 is 5,000 ft. x 150 ft., and Runway 14/32 is 5,000 fi, x 100 ft. The services and businesses operating at the airport include: Collier County Mosquito Control, the Collier County Humane Society, the Civil Air Patrol. four national car rental chains, a restaurant, four ail' charter services, a airport pilot shop, flight schools, a jet cargo business, aircraft sales, appraisal and repair services, refueling services, hangar rentals. and an air ambulance serviceo The Airport has recently gained a commercial commuter service. Charlotte Count~' Airport ch Commerce P~rk, Punta Gordon, Florida The Charlotte County Airport is located approximately 5 miles SE of the City of Punta Gorda, in Charlotte County. The independent Charlotte County Airport Authority manages the Airport & Commerce Park: The Auth,'~rily Board of C(mamissioners consists of five members, elected on at cotmtywide basis. The Charlolte County Airporl 2.34.4 property consists of both an airport area and a com~nerce park area. The airport includes three runways. Runway 3/21 is 6,580' x 150'; Runway 09/27 is 5,044' x 150'; and, Runway 15/33 is 5,049' x 150'. Al1 the runways are asphalt and equipped with lighting and safety instrumentation. Businesses and services operating at the airport include: a flight training school/charter air service, two flight training school/aircraft rental services, a cabinetmaker, a bulk propane gas storage facility, an air ambulance/air charter service, an asphalt batch plant, a restaurant, an interior decorating service, the Civil Air Patrol, a septic tank company, Charlotte County Environmental Services, Charlotte County Mosquito Control, the Charlotte County Sheriff's Office, Charlotte County Speedway, the Florida Department of Environmental Protection, the local chapter of the Experimental Aircraft Association, a company that sells, repairs and installs aircraft avionics, a Federal Express Distribution Center, the Florida Fish & Wildlife Conservation Commission, a maker of cabinet doors and shelving, a plastic molding business, a concrete batch plant, a company that repairs, maintains, and modifies avionics, and also paints aircraft and installs aircraft interiors, along with a research and development arm for certain aircraft components, a metal fabricator, the Charlotte County/Punta Gorda MPO, a pump manufacturing company, a company that rebuilds helicopters, a heavy equipment repair/sales firm, a tool and die business, a plastic injection molding plant, a tractor and road equipment maker, an underground utility contractor, and an airside restaurant. The Commerce Park includes a foreign trade zone, central utilities, access to road and rail transportation, and advanced fiber-optic communications. The airport also conducts an annual air show. This is arguably the most successful of the Region's smaller airports, Page Field Airport, City of Fort Myers, Florida Page Field Airport is located on the southern edge of the City of Fort Myers. The airport is owned by Lee County and is operated by the Lee County Port Authority, consisting of the Board of County Commissioners. The airport was formerly the area's commercial airline destination and can handle very large aircraft. There are two runways: Runway 5/23 is 6,406 ft. x 150 ft., and Runway 13/31 is 4,912 ft. x 150 ft. Refueling, hangars, tie downs and powerplant repair services are available. The airport also contains businesses that offer pilot supplies, catering, a full-service restaurant, car rentals.· courtesy transportation, flight schools, aircraft repairs, sales and rentals, aircrafi charters, aerial tours, aviation accessories, a pilot rest area, and aircraft maintenance. There are hotels and a regional shopping center located on the airport property. The h'nmokalee Regional Airport Master Plan identifies factors that support the concept of the airport becoming a futm'e regional aMine/aircraft maintenance base~ The length, width and pavement strength of the runways enable them to support most of the aircraft types currently in use for General Aviation. There is also ample room for additional hangar space within the current airport operations area. lu 2000~ both tile hnmokalee Regional Airport and the Southwest Florida International Airpor~ received designation as a Foreign Trade Zone (FTZ). Foreign-trade zones are designated s~tes, licensed b5, tile Foreign-Trade Zones (FTZ) Board of the 2.34.5 Department of Commerce, at which special customs procedures may be used. FTZ procedures allow duty-free export and deferral of customs duty payments on items used in domestic commerce. These benefits are. intended to help American firms offset customs cost advantages available to plants abroad. FTZ activity is conducted under the supervision of the Bureau of Customs and Border Protection, Department of Homeland Security. The FTZ designation could provide incentive for local and regional businesses to locate their air cargo operations at the Immokalee Regional Airport° h-~ support of such activities, Airport property offers space for industrial and commercial development and warehousing related to the FTZ. These businesses could utilize turbo-prop, business jet, or small commercial airline jet services. Additionally, the combination of the airport and immokalee's status as an agricultural production center creates the possibility of shipping flesh produce to state or national markets. Finally, due to the Southwest Florida climate, Immokalee Regional Airport could be attractive as a flight-training center. There is sufficient runway length and land area available for such purposes, Currently, the Immokalee Airport offers the following services: refueling, aircraft parking, a passenger terminal/lounge, minor aircraft maintenance, courtesy transportation, including courtesy vehicles for pilots' use while in Immokalee, and computerized weather forecasts, In addition to the above, the Collier County Airport Authority has developed a number of non-airport initiatives on the property. The two most important of these have been the USDA Immokalee Incubator Support Facility and the establishment of the Immokalee Regional Raceway on Airport grounds. More recently, the Airport Authority approved construction of a 20-unit campsite for visitors to the Immokalee Area. In 1999, the Airport Authority funded a study of proposed expansion of the Immokalee Airport's 5,000 linear foot runway to 13,000 linear feel This would enable the airport to service large jets, capable of long-distance international travel. A smaller extension to '7,000 linear feet was previously approved and funded. Neither expansion has yet taken place. While Collier Cotmty staff was in the process of evaluating the land uses associated with the Airport, the Collie~' County Board of County Commissioners approved the concept of turninl control of the Airport & Industrial Park over to a private developer or project management firm. The. purpose of this action is to stimulate private investment in these facilities. The County has initiated national advertisement for a private management firm to manage the property. The County's Airport Authority and the Economic Developmen! Council {EDC) have both expressed concern that the Immokalee Airport could lose eligibility for certain federal ~rants and loan programs, dne to the "privatized" statns of the Airport The actual impact of the Bc)ard's decision remains to be seen, More recently, two small jet-manufacturing firms have expressed interest in locating at the Airport. The larger of the two firms could bring approximately three hundred (300) jobs to the area. The County and the EDC are both actively courting the two firms, The Airport Authority is currently in the process of considering land use changes, including possibly a Growth Management Plan Amendment, that would (among other things) allow expansion of the campground and recognize the drag racing as a permanent, permitted land use. Finally, the Immokalee Airport was recently designated as "Florida Tradeport, Immokalee, Florida, USA." This designation does not represent any new program or direct economic benefit to the airport. Rather, it appears to be a Marketing package promoting the benefits of the airport facilities and locatiom D. Objective Achievement Analysis: Transportation Element OBJECTIVE 11: The unstated purpose of this Objective, and its subject policies, is to incorporate the Airport Master Plans for the three County-owned Airports (including Immokalee Regional Airport) into the County's Transportation Element. Transportation Element Policy 11.1: This policy actually incorporates the Airport Master Plans for the three County-owned Airports (including Immokalee Regional Airport) into the County's Transportation Element. Transportation Element Policy 11.2: This policy provides authority to the Collier County Airport Authority for managing the three airports in accordance with their Airport Master Plans. Immokalee Area Master Plan Policy VIII.1.2: This policy requires the Community Development & Environment Services Division to coordinate with the Collier County Airport Authority [o promote the development of the Immokalee Airport and surrounding commercial and industrial areas as set forth in the [mmokalee Airport Master Plan. Economic Element Policy 1.3.7: This policy, from the County's recently adopted Economic Element, commits Collier County to supporting the location oi~' new or relocated businesses in the Foreign Trade Zone itl the hnmokalee Airport. 2.34.7 E. Conclusion: An economically successful immokalee Airport & Industrial Park would be a boon to the residents of both the Immokalee Area and Collier County. However~ previous efforts by the Collier County Board of County Commissioners~ the Collier County Economic Development Council, and others to find a formula that would encourage development of the airport property have not yet born fruit, Any successful economic strategy for the Airport would appear to require the attraction of businesses that are either associated with aviation in some manner (e.g., flight schools, aircraft or aircraft parts manufacturing or repair services, air cargo operations, and/or air tour services) or, which can derive a benefit from being located near the airport (e.g., parts & equipment distributors). There also may be benefit to the Airport in promoting special events, such as airshows and or automobile racing. Such is the formula utilized by Charlotte County in achieving success at its airport. Unfortunately, there are no easy solutions for the Airport. Additionally, the ultimate success of the hnmokalee Airport & Industrial Park could depend on factors that are not directly under Airport or County control, such as: Whether, the proposed Interstate 75 Bypass, between Fort Myers and State Road 29 becomes a reality. The cost of doing business at other airports versus doing business in Immokalee. The degree to which larger airports, in more developed areas, are prepared to offer economic incentives to potential tenants. F. Recommendation: The EAR-based amendments should include an amendment to the Immokalee Area Master Plan's Industrial Designation that recognizes the Airport as a permitted use, Recently, Collier County has adopted a Countywide Economic Incentives Package that includes specific provisions for the [mmokalee Area, This package should be adopted by reference in the County's Economic Element, and these incentives should be included in any marketing campaign relative to the lmmokalee Airport. 2,35 Historical and Archeological Resources- Administrative Arrangements A. Introduction and Background Power, Authority and Jurisdiction: The Historic & Archaeological Preservation Board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, as set forth in Section 5.14 of the Land Development Code, under the direct jurisdiction and control of the Board of County Commissioners. The Preservation Board functions as an advisory board to the Board of County Commissioners. B. Identification of Specific Objectives Mission Statement: it is the intent of the Preservation Board to increase public awareness of the importance and significance of Collier County's historical and archaeological heritage by protecting, preserving and perpetuating Collier County's historic and archaeological artifacts, sites, districts, structures, buildings, and properties. Preservation Board Membership: The Preservation Board consists of seven members that have been appointed by the Board of County Commissioners. Appointments by the Board of County Commissioners are on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. Each member of the Preservation Board must also be a resident of Collier County, Florida. Each member of the Historic Preservation Board represents one of the following categories: 1. History 2. Archaeology 3. Real Estate, Land Development or Finance 4. Architecture, Engineering, Building Construction, and/or Landscape Architecture 5. Law or Urban Planing. 2.35.1 Table 2.33-1 is the official membership directory of the Preservation Board Membership: MEMBEBSHIP iA Florida Ge~ified Local Government) Ms. Diane M. Gonzalez 809 Walkerbilt Road, Suite #3 Naples, Florida 34110 Phone Number: 593-0088 Fax: 593-0090 (LAW · Vice Char) Term Expires: 10/1/04 Mr. William J. Tyson 732 Hernando Drive Marco Island, Florida 34145 Phone Number: 394-0800 E-Mail: marcobil C~ naples.net Fax: 394-5662 (LANDSCAPE ARCHITECT) Term Expires: 10/1/06 Mr. John W. Thompson 576 Retreat Drive, Apt. 202 Naples, Florida 34110 Phone Number: 597-2269 E-Mail: JWTDLT@AOL.COM Joanne Marro Quinn P.O. Box 8142 Naples, Florida 34101-8142 Phone Number: 261-9468 E-Mail: JoaQuinn27@aol.com (AT LARGE Chairpersonl Term Expires: 10/1/04 Mr. Thomas W. Franchino 183 Westwood Drive Naples, Florida 34110 Phone Number: 263-8357 E-Mail: Tom @ Franchinolaw.com Fax: 263-0445 fREAL ESTATE) Term Expires: 10/1/05 Mr. William J. Dempsey 1836 Harbor Lane Naples, Florida 34104 Phone Number: 261-9300 (Work) E-Mail: Widempsey@ napleslaw.com (ARCHAEOLOGY~ Term Expires: 10/1/05 Adam Brooks 3121 Orange Grove Trail Naples~ Florida 34119 Phone Number: 262-5345 E-Mail: ABBFLA66@YAHOO.COM Fax: 649-1293 Term Expires: 10/1/06 Fax: 261-9782 (AT LARGEI Term Expires: 10/1/06 Ms. Susan M. Harp Bureau of Historic Preservation R. A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone Number: 850-245-6333 I ST&TE L2LC--~ C:C~C~RD!NATOF;'. 2.35,2 PLANNING STAFF: Raymond Bellows, Chief Planner Christopher Brown, Planning Technician 2800 N. Horseshoe Drive Naples, Florida 34104 Phone Number: 403-2400 E-Maih RayBellows @ collierqov.net Ray Bellows/F/Historic Preservation 10-31/03 VOLUNTEER: David J. Driapsa, Landscape Architect 725 103rd Avenue North Naples, Florida 34108-3222 Phone Number: (239) 591-2321 Fax: (239) 591-8887 E-Maih a,qarden@ naples.net Overview of Preservation Regulations: Section 2.2.25 of the Collier County Land Development Code provides the regulations that are administered by the Community Development and Environmental Services Administrator for the preservation of historical and archaeological sites. The intent of these regulations is to recognize the importance and significance of Collier County's historical and archaeological heritage by protecting and preserving these sites, districts, structures, buildings, and properties. Please refer to Figures 2.35-1 through 2.35-5. These regulations are a vital tool in protecting the public interest, to halt illicit digging or excavation activities, which could result in the destruction of prehistoric and historic archaeological sites, and to regulate the use of land in a manner, which affords the maximum protection consistent with individual property rights. It is not the intent to deny anyone the use of his property, but rather to regulate the use of such property in a manner that will ensure, to the greatest degree possible, that historic and archaeological resources are protected from damage, destruction, relocations, or exportations. 2.35.3 Figure 2.35-1 HISTORIC DESIGNATION Property owner(s) file I I Petition for designation written application for based on recommendation by historic designationt I staff or request by I t H PB decides whether designation ] application should be filed I D esignation report is filed I with the ~i°B IDate for public hearing is set after the designation report has been filed with the ~PB I is significant (meeting at least one of the designation criteria) I H istoric Designation is forwarded to the BCC with a recommendation , of approval Notify property owner(s) at least 30 days prior to I Planner Prepares Executive public hearing but no / Summary more than 45 days prior to the BCC hearing I IBCC determines if Historic Designation is significant End of process Appeal is filed Notify property owner(s) at lest 30 days prior to pubic hearing but not more than 45 days prior to HPB hearing lYES 1NO Historic Designation[ [Historic Designation Approve I L Denied All resolutions designating historic / resources shall be recorded in the public records of the Collier county Museum HISTORIC DESIGNATION CHART/10/28/93/md 2.3.5.4 Figure 2.35-2 Ld Z 2.35.5 Figure 2.35-3 Figure 2.35-4 Z 2,35,7 Figure 2.35-5 0 >- > 0 I--'- 'r' 0 Certified Local Government (CLG): The National Historic Preservation Act established a nationwide program of financial and technical assistance to preserve historic properties - building, structures, neighborhoods, and other places of importance in the historic and cultural life of a nation. Collier County directly participates in this program since the Florida State Preservation Officer certified it on March 7, 1995. Collier County qualified for CLG status when it established its own Preservation Board and developed a program of meeting Federal and State standards. A major incentive of the CLG Program is the pool of grant funds State Historic Preservation Offices (SHPOs) set aside to fund local historic preservation projects. Grants to Certified Local Governments have funded a wide variety of local preservation projects. Projects eligible for funding and the criteria used to select them are developed by the Florida State Historic Preservation Office and typically require matching funds by the local government. Locally Designated Historic Sites: The designation of specific sites, structures, buildings, districts, and properties may be initiated by the Preservation Board or by a property owner. Upon consideration of the Preservation Board's findings and recommendations, and upon the consideration of the criteria and guidelines contained in the Land Development Code, the Board of County Commissioners may either approve, by resolution, or deny a petition for historic designation. The Board of County Commissioners has designated the following sites and structures as locally significant. Smallwood's Store: This store was established in 1906 and is now one of the oldest buildings in Collier County. The building was elevated approximately 6 feet on pilings in 1924 to prevent flood damage. The store and trading post served the Seminole Indians, settlers and the early pioneers of Chokoloskee and Collier County. Currently the wood frame structure still rests upon pilings and remains in its original state with 95 percent of the initial stock and artifacts intact. The store has also been listed on the National Register of Historic Places. The store is located on the south end of Main Street in Section 36, Township 53 South, Range 29 East in Chokoloskee. Weaver's Station: This is one of the original way stations erected in 1928 on the Tamiami Trail. These stations were strung out at ten-mile intervals throughout Collier County. These stations were of great importance at the time given the unreliability of motorcars of the period and the fact that there were no other settlements between Naples and Miami. Weaver Station offered gasoline, oil, water, and a tire repair service. It also had a restaurant on the ground floor with rest rooms, and accommodations for the station keeper on the second floor, In addition, several "tourist cabins" essentially unfurnished small houses, offered a night's rest for those with their own bedding. There are plans to replicate Weaver's Station that was destroyed during Hurricane Andrew. The site is located on the south side of US-41 and approximately 3 miles east of the Porl of the Islands development in Section 13, Township 52 South, Range 28 East. 2.35.9 Rosemary Cemetery: There are 60 people buried in Rosemary Cemetery that was established by E.W. Crayton in 1931. Many of the decedents were early pioneers to the area and were considered founding fathers of Collier County° In 1976, the site was donated to Collier County. The Board of County Commissioners designated this site as locally significant in 1993 and provided funds to restore the cemetery at that time~ The site is located on the south side of Pine Ridge Road and approximately 100 feet east of US-41 in Section 15, Township 49 South, Range 25 East~ Ochopee Post Office: This is the smallest of all the United States Post Offices and is still a significant and functioning reminder of the early tomato farming community in Ochopee. The structure first existed as a storage shed housing irrigation pipes and farming equipment. The shed became a Post Office in 1953 after a fire destroyed the first Post Office and much of the town. It was subsequently moved to its present location in order to continue to serve as a Post Office. Today, this wood flame structure remains in its near original state. This site is located on the south side of US- 41 and approximately 1,000 feet east of Caldwell Road in Section 34, Township 52 South, Range 30 East in Ochopee. Captain John Horr House: The Board of County Commissioners designated this structure as locally significant in 1996. The structure is also listed on the National Register of Historic Places. There are three major aspects of historical significance associated with this dwelling. 1) In association with Captain John Horr, who played a substantial role in the settlement of Collier County; 2) The method of construction is significant since it was constructed of "Tabby" which is an early form of concrete; and 3) The site is significant as an example of the economic phenomenon that occurred in the late 1800's known as the "Pineapple Boom". The two-story dwelling was built in 1877 on an island that was to bear the owner's name~ Today, only the remains are of the "tabby" walls and foundation, which are located on a preserve tract within the Key Marco development in Section 22, Township 52 South, Range 26 East. C. Data Assessment Areas for consideration for inclusion in areas of historical/archaeological probability shall have one or more of the characteristics as listed in Section 2.2.25.2 of the Collier County Land Development Code. Some of these characteristics include areas that are associated with distinctive elements of the cultural, social, ethnic, political, religious, prehistoric or architectural history of the area. They also contribute to the pattern of history in the community. A Probability Area can also include areas associated with the lives of persons significant in history or the area contains structures that embody the distinctive characteristics of a type, period, method or materials of construction. Lastly, the area has yielded or is likely to yield information on local history or pre-history. A complete list of' the criteria is contained in the County's Land Development Code. 2.35 10 Archeological Consultants, Inc. (ACI) performed the mapping of areas of high Historical/Archaeological Probability in the unincorporated areas of Collier County in 1993 and updated in 1999. The scope work involved six task elements: 1. Background research 2. Formulation of a site predictive model 3. Limited archaeological field survey 4. Preparation of Florida Master Site File Forms 5. Develop Probability Maps Prepare a report on findings The resulting report and attached Probability Maps provided a framework for a unified and consistent program for the management of Collier County's prehistoric and historic resources. While the model and maps identified the areas of highest archaeological probability to the best of the available information, prehistoric and historic archaeological sites will occur outside of the delimited probability areas and some probability areas may onto contain any sites. Future research will refine the model to account for these deviations. This information provides the database with the necessary information to implement Collier County's Historic Preservation Ordinance. D. Objective Achievement Analysis: Collier County's historic preservation goals, objectives and policies occur in three separate elements of the County's Growth Management Plan (GMP): Housing, Future Land Use and Conservation & Coastal Management, These provisions are implemented through the Collier County Land Development Code (LDC) 2.35.1 I E. Conclusion ACI's report and accompanying series of Historical/Archaeological Probability Maps provide the framework for a unified and consistent program for the administrative arrangements of Collier County's historical and archaeological resources~ While the model and maps identify the areas of highest archaeological probability to the best of the available information, there can be no question that prehistoric and historic archaeological sites will occur outside the delimited probability areas, and some probability areas may not contain any sites. Future research will refine the model to account for these deviations. No archaeological probability model is static; each is a "working document" which requires periodic revision. F. Specific Policy Relevance to Each Objective The County of the opinion that the all of the objective's enabling policies continue to be relevant and should be retained. 2,35.16 3.1 - Special Topic An assessment of the success or failure of coordinating future land uses and residential development with the capacity of existing and planned schools, establishing with the school board appropriate population projections and coordinating the planning and siting of new schools (School Planning) Overall, coordination between the Collier County School Board and Board of County Commissioners has been successful - schools have been constructed proximate to the population base and in a timely manner. However, both governments acknowledged improvements could be made. In May 2003, both the Collier County School Board and Collier County Board of County Commissioners (BCC) - as well as the three incorporated cities - adopted Interlocal Agreements pertaining to school siting (see attached Agreements). The agreements establish specific processes for determining consistency with the Growth Management Plan - including mapping sites containing existing schools and support facilities and mapping existing sites owned by the School Board for future schools and support facilities; conformance with zoning and other land development regulations; and, sharing of demographic information. A GMP amendment (petition CPSP-2003-4) to implement the Interlocal Agreements is scheduled f'or adoption by the Board of County Commissioners on December 16, 2003; this amendment was approved for Transmittal to DCA on July 29, 2003, and DCA issued it's ORC Report without comment on this amendment. Some implementing amendments to the Collier County Land Development Code have already been adopted and others are scheduled for adoption in January 2004. Recommended GMP Amendment: None. INTERLOCAI. AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This Agreement is entered into by and between the Collier County Board of County Commissioners (hereinafter referred to as "County") and the District School Board of Collier County, Florida (hereinafter referred to as "School Board"), together the Parties. WHEREAS, the Parties recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children of Collier County; and WHEREAS, the Parties recognize the benefits to the citizens and students of their community by more closely coordinating their comprehensive land use and school facilities planning programs to ensure: (1) better coordination of new schools in time and place with land development; (2) greater efficiency for the School Board and the County by the placement of schools to take advantage of existing and planned roads, water, sewer, parks, and drainage systems; (3) improved student access and sa,fety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County; (4) the location and design of schools so that they serve as community focal points; (5)the location and design of schools with parks, ballfields, libraries, and other community facilities to take advantage of'joint use opportunities; and (6) the location of new schools and expansion and rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing neighborhoods; and WHEREAS, Section1013.33 (10), Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of its comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the School Board, and describe the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities within that county, and the district school board to establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above consistent with their adopted intergovernmental coordination element; and WHEREAS, the Parties enter into this Agreement in fulfillment of the above referenced statutory requirements and in recognition of the benefits accruing to their citizens and students described above; and WHEREAS, the parties hereto are authorized to enter into this Interlocal Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2., and Section 1013.33(2)(a), Florida Statutes; and WHEREAS, upon the Department of Community Affairs (DCA) acceptance of this Agreement, and upon the commitment of the Parties hereto to abide by and seek fulfillment of the terms and conditions of the Agreement, that DCA shall recognize the Agreement as fully satisfying Florida Statutes Sections 1013.33 and 163.3177 requirements for cooperative planning for ail Parties involved, both individually and ~;ollecti~)ely. NOW THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the Parties hereby agree as follows: Section 1. Recitals The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. The following procedures will be used to coordinate public facilities planning and land use planning: Section 2. Joint Workshop Meetings 2.1 A staff working group from the County and School Board will meet on an as needed basis, but no less frequently than twice per year, to formulate recommendations and discuss issues regarding coordination of land use and school facility planning, including such issues as population and student enrollment projections, development trends, school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the schools and ensure safe student access. Representatives from the Southwest Florida Regional Planning Council will also be invited to attend. The School Board staff, in coordination with the County Manager will be responsible for making meeting arrangements and providing the necessary notification for the first meeting in 2003. Thereafter, the process for meeting notification will be established by a majority of the members of the working group then present. 2.2 One or more of the elected members of the County Commission and the School Board will meet every other year in joint workshop session. Additional workshops may be held upon request by either the County Commission or the School Board. The joint workshop sessions will be opportunities for the County Commission and the School Board to build consensus, and set direction regarding coordination of land use and school facilities planning, including, but not limited to the following: population and student estimates and projections, development trends, school needs, off-site improvements, and joint use opportunities. The County Manager and School Board Superintendent will be jointly responsible for making meeting arrangements and providing notification for the joint workshop. Section 3. Student Enrollment and Population Projections 3.1 In fulfillment of their respective planning duties, the County and the School Board agree to coordinate their respective plans based upon agreed upon projections of the amount, type and distribution of population growth and student enrollment. 3.2 The School Board shall utilize the Department of Education (DOE) five-year county-wide student enrollment projections. The School Board may request that the DOE projections be adjusted to reflect actual enrollment and development trends not anticipated by the DOE projections. In formulating such a request the School Board will coordinate with the County regarding future population projections and growth. Five- year population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the County are reflected in the updated projections. 3.3 The County staff, in coordination with the School Board will use information on County growth and development trends for unincorporated areas, such as census information on population and housing characteristics, persons-per- household figures, historic and projected growth rates, and the information described in Subsection 4.2 of this Agreement, to project residential units by type for five years (single family, multi-family and mobile home) and allocate these units into sub-county planning sectors, such as student attendance zones consistent with county-wide projections. The planning sectors will be established by mutual consent of the School Board and the County. The allocation of residential units by type and planning sector will 'be provided to the School Board by September 1st of each year. 3.4 The School Board will evaluate the planning sector projections prepared by the County. The School Board working with the County will develop and apply student generation multipliers for residential units by type for schools of each type, including, but not limited to, traditional public elementary, middle and high schools, as well as, charter, alternative and vocational schools, considering past trends in student enrollment within specific planning sectors in order to project school enrollment. The school enrollment projections will be included in the Educational Facilities Report provided to the County each year as specified in Subsection 4.1 of this Agreement. 3.5 Population Projections: Coordination regarding the update of the County population projections, their allocation into planning sectors, and conversion into projected student enrollment will occur on an annual basis at the staff working group meeting described in Subsection 2.1 of this Agreement. The revised projections and the variables utilized in making the projections will be reviewed and established by agreement of the staff working group. Section 4. Coordinating and Sharing of Information 4.1 Educational Facilities Report: By November 1st of each year, the School Board shall submit to the County an Educational Facilities Report. The report will contain information in tabular, graphic, and textual formats detailing existing and projected school enrollment, existing educational facilities, their locations, the number of portable units (hereinafter "portables") in use at each school, and projected facility needs. The Report will also contain the School Board's capital improvement plan, including planned facilities with funding over the next 5 years, and a description of any unmet needs. The Report will provide data for each individual school concerning school capacity based on DOE criteria and enrollment of each individual school based on actual student counts. The Report will show the generalized locations in which new schools will be needed, along with planned renovations, expansions and closures of existing schools. The Report will indicate properties the School Board has already acquired through developer donation, or properties for which there is a developer obligation to provide property to the School Board, at the School Board's discretion, or properties acquired through other means that are potential school sites. 4.2 Growth and Development Trends: On September 1st of each year, the County will provide the School Board with a report on annual growth and development trends. The report will contain information in tabular, graphic and textual formats and will include information regarding development approvals for the preceding year as follows: (a) the type, number, and location of residential dwelling units, which have received zoning approval, final subdivision plat approval, or site plan approval; (b) a summary of all comprehensive plan amendments to include a description of any land use changes and the location of the affected area; (c) the number of building permits issued for new residential dwelling units and the location of such residential dwelling units; (d) information regarding the conversion or redevelopment of housing or other structures into residential dwelling units which are likely to generate new students; and (e) identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. The estimated number of students generated from the development approvals from new residential dwelling units will be used in the data and analysis to support the annual update of the School Board's Five-year Capital Facilities Plan. Section 5. School Site Selection 5.1 The School Board will establish an informal site evaluation committee for the purpose of reviewing potential sites for new schools and proposals for renovation, expansion and closure of existing schools, and making suggested recommendations to the District Site Selection Committee, the Superintendent and the School Board. The site evaluation committee will be a standing committee and will meet on an as needed basis. In addition to appropriate members of the school district staff, the informal site evaluation committee will include at least one County staff member appointed by the County Manager. The committee 5.2 membership will be expanded as needed to include additional County staff. When the need for a new school site is identified in the district facilities work program, the site evaluation committee will develop a list of potential sites in the area of need identified in the educational plant survey. The list of potential sites and list of schools proposed for renovation, expansion or closure will be submitted to the County for an informal assessment regarding consistency with the County comprehensive plan including: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, and land use compatibility. In addition, consistency with community vision and other issues such as student assignment that have a bearing on site suitability will be commented upon. The issues identified in Subsection 5.2 of this Agreement will also be considered by both the County and site evaluation committee as each potential site and each school proposed for renovation, expansion or closure is evaluated. Based on the information gathered during this review, the site evaluation committee will make a recommendation to the District Site Selection Committee concerning the selection of potential school sites in order of preference, and, if applicable, schools proposed for renovation, expansion or closure in or-der of preference. The following matters will be considered by the informal site evaluation committee, the County and the School Board when evaluating potential school sites or the expansion or rebuilding of existing schools, including charter schools: The location of school sites that will provide logical focal points for community activities such as the community facilities itemized in Subsection 9.1 and serve as the cornerstone for innovative urban design standards, including opportunities for shared use and co- location of community facilities. The location of new elementary and middle schools proximate to residential neighborhoods. The location of new schools within reasonable walking distance of the residential dwelling units served by the schools, as practicable, under the student assignment program. ho The location of new high schools on the periphery of residential neighborhoods, with access to major roads. Compatibility of the school site with present and projected uses of adjacent property. Encouragement of community redevelopment and revitalization and efficient use of existing infrastructure and discouraging urban sprawl. Land availability, site acquisition and development costs, and degree of urbanization. Safe access to and from the school site by pedestrians and vehicles. Availability of public facilities and services necessary to serve the proposed school, concurrent with the impacts of the school. Environmental constraints that could preclude development of a public school on the site if mitigation is not available or practicable. Impact on archaeological or his-{oric sites listed in the National Register of Historic Places or designated by the County as a locally significant historic or archaeological resource. Soil characteristics that indicate the proposed site is suitable for development or is adaptable for development and outdoor educational purposes with the provision of drainage improvements. The proposed location in relation to County stormwater management plans or watershed management plans. The proposed location in relation to the velocity flood zone, a floodway, or the Coastal High Hazard Area, as delineated in the County Growth Management Plan. The ability of the site to accommodate the required parking, circulation and queuing of vehicles. 5.3 The proposed location in relation to any airports considering the requirements of Section 333.03, Florida Statutes, which regulates the construction of public educational facilities in the vicinity of an airport. As early as practicable, but no less than 60 days prior to acquiring or leasing property that may be used for a new public educational facility, or initiating the renovation or expansion of an existing school, the School Board shall provide written notice of same to the County. The County, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site or the proposed renovation or expansion of an existing school is consistent with the land use categories and policies of the County's Growth Management Plan. This preliminary notice does not constitute the County's determination of consistency pursuant to Section 1013.33(11 ), Florida Statutes. Section 6. Supporting Infrastructure In conjunction with the preliminary consistency determination described at Subsection 5.3 of this Agreement, the School Board and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements necessary to serve each new school or the proposed renovation, or expansion of an existing school, and will enter into a written agreement as to the timing and location, and the entity or entities responsible for constructing, operating and maintaining the required improvements. Section 7. Comprehensive Plan Amendments, Rezonin§s, and Development Approvals 7.1 The County will include a nonvoting representative appointed by the School Board on the local planning agency, or equivalent agencies, to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The County may, at its discretion, grant voting status to the School Board representative. The School Board will receive local planning agency's agendas and appropriate backup materials from the County and will review and comment as appropriate. 7.2 7.3 7.4 7.5 The County will provide the School Board notification of all land use applications and development proposals pending before it that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided at least 14 days prior to approval of the application. This notice requirement applies to amendments to the Growth Management Plan, Future Land Use Element and Map rezonings, developments of regional impact, and other major residential or mixed-use development projects. After notification by the County, the School Board will advise the County of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned in order to accommodate the impacts. School capacity will be reported consistent with DOE criteria. Based on the DOE definition of adequate capacity, if sufficient capacity is not available or planned to serve the development at the time of impact, the School Board shall specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, County, and developer may collaborate to find a means to ensure that sufficient school capacity will be available to accommodate the residential development, such as, developer contributions, project phasing, required facility improvements and school impact fees. In reviewing and approving land use applications, rezoning requests and development proposals, the County will consider, if applicable, the following issues when requested by the School Board: a. Providing school sites and facilities within planned neighborhoods. b. Insuring the compatibility of land uses adjacent to existing schools and reserved school sites. The co-location of parks, recreation and community facilities with school sites. do The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks. Insuring the development of traffic circulation plans to serve schools and the surrounding neighborhood. 9 7.6 Providing off-site signalization, signage, access improvements and sidewalks to serve all schools. go ho The inclusion of school bus stops and turnarounds in new developments. Encouraging the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments. School Board comments on Growth Management Plan amendments and other land-use decisions. j. Available school capacity or planned improvements to increase school capacity. In formulating community development plans and programs, the County will consider the following issues: a. Target community development improvements in older and distressed neighborhoods near schools. b. Coordinate County programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. c. Encourage developments and property owners to donate school sites at predevelopment prices, assist with the construction of new facilities or renovation to existing facilities, and provide transportation alternatives. Address and resolve multi-jurisdictional public school issues. Section 8. Educational Plant Survey and Five-Year District Facilities Work Program 8.1 At least one year prior to preparation of the educational plant survey update, the staff working group established in Subsection 2.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of this update. The staff working group will evaluate and make recommendations regarding the location and need for new 8.2 educational facilities, or improvements to existing educational facilities in terms of consistency with the County Growth Management Plan, and relevant issues listed at Subsections 5.2, 7.5 and 9.1 of this Agreement. The School Board will provide the proposed annual update of the five-year district facilities work program to the County for review and comment for consistency with the County Growth Management Plan prior to adoption. The County may provide written comments to the School Board within 30 days following receipt of the proposed work program. Section 9. Co-location and Shared Use 9.1 Co-location and shared use of facilities are important to both the School Board and the County. The School Board will look for opportunities to co-locate and share use of school facilities and civic facilities when preparing the Educational Plant Survey. Likewise, co-location and shared use opportunities will be considered by the County when preparing the updates to its Growth Management Plan, Schedule of Capital Improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-location and shared use will be considered for libraries, parks,~recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, where applicable, co-location and shared use of school and governmental facilities for health care and social services will be considered. 9.2 A separate agreement between the School Board and the County or appropriate entity, will be developed for each instance of co-location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision. Section 10. Oversight Process The School Board and the County Commission shall each appoint a citizen member to serve on an oversight committee to monitor implementation of this Interlocal Agreement. Oversight Committee members shall be invited to attend all meetings referenced in Sections 2 and 5 hereof and shall receive copies of all reports and documents produced pursuant to this Agreement. The committee shall appoint a chairperson, meet at least annually, and report to the County Commission and the School Board and the general public on the implementation of this Agreement together with its effectiveness. Section 11. Site Plan Review Projects initiated by the School Board shall comply with applicable site development plan review requirements as set forth in a separate interlocal agreement entitled "lnterlocal Agreement Between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to Establish Educational Plant and Ancillary Plant Site Development Review Processes and Substantive Criteria Including the Consideration of Future Amendment's to the County's Growth Management Plan and Implementing Land Development Regulations," which further refines and delineates the provisions and scope of a School Board Review process for site plan review of future School Board projects. Section 12. Resolution of Disputes If the Parties to this Agreement are unable to resolve any issue relative to this Agreement and with in which they may be in disagreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. Section 13. Amendment and Termination of Aqreement Either party may elect to withdraw from participate'on in this Agreement upon official action of its governing body and after 30 days written notice to the other party to this Agreement. Section 14. Execution - This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the agreement between the parties. Section 15. Expiration The term of this Agreement shall be for a period of ten years; provided however, that either party can request a review of the Agreement every two years. iN WITNESS WHEREOF, this Interlocal Agreement has been executed by the Parties by their duly authorized officials on the date set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ]2 Date: Approved as to form and legal sufficiency: D~vid C.,~Neigel, County Attorney ATTEST: By: Dr. H. 13~e~l~uperintendent COLLIER COUNTY SCHOOL BOARD · Abbott,-Chairman-; Date: 404857_1 13 . INTERLOCAL AGREEMENT BETWEEN TH-E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND TlqF, COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REgqEW PROCESSES AND SUBSTANTIVE CRITERIA INCLUDING THE CONSIDERATION OF FUTURE AMENDMENTS TO THE COUNTY'S GROWTH MANAGEMENT PLAN AND IMPLEMENTING LAND DEVELOPMENT REGULATIONS THIS AGREEMENT made by and between Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County") and the Collier County School Board, a public agency of the State of Florida, hereinafter (referred to as the "School Board"), together the "Parties." WHEREAS, the County and the School Board have established and maintained a cooperative and productive relationship with regard to the exchange of informat/on on matters of mutual interest including, but not limited to, the coordinatisn of planning efforts to ensure that support serv/ces are available for public educational facilities in the unincorporated area of Collier County; and WHEREAS, Section 1013.33(1), Florida Statutes (2002), sets forth the policy of the State with regard to the coordination of planning between school boards and local governing bodies to ensure that plans for the construct/on and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other services; and WHEREAS, Section 1013.33(9), Florida Statutes, in order to encourage and facilitate such planning, provides that the School Board and the County must share and coordinate information related to existing and planned public school facilities, proposals for development, redevelopment or additional development, and infrastructure required to support the public school facilities concurrent with the proposed development; and WHEREAS, the County and School Board have shared such information for numerous years and continue to share such information so that each entity can assist the other in reaching its goals and objectives; and WHEREAS, Section 1013.33 (11), Florida Statutes, sets forth the policy of the State with regard to an expedited review process to determine consistency with the local government's comprehensive plan and land development regulations, and where this Agreement details a consistency rev/ew process; and WHEREAS, Section 1013.33(12), Florida Statutes, sets forth the policy of the State w/th regard to an expedited review process and any development review shall not exceed 90 days, and where this Agreement details a School Board Review process; and WHEREAS, Section 1013.33 (13), Florida Statutes, provides that a local governing body may not deny the site applicant on the adequacy of the site plan as it relates solely to the needs of the school if the site is consistent with the comprehensive plan's land use policies and categories in wh/ch public schools are identified as allowable uses. The local government may not deny the application but it may impose reasonable development standards and conditions in accordance wqth Section 101_3.51 (1), Florida Statnates, and consider the site plan and its adequacy as its relates to environmental concerns, health, safety, welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Flor/da Building Code, un/ess mutually agreed to; and WHEREAS~:;Sect/on 1013.33(14), Flor/da Statutes, authorizes the School Board and the County to establish, by agreement, an alternative process for reviewing a proposed Educational Plant or Ancillary Plant, including the identification of off-site impacts of a proposed Educational. Plant or Ancillary P/ant, and where this Agreement details a School Board Review process to delineate a formal procedure pursuant to State law; and WHEREAS, through this Agreement the County and the School Board wish to maintain and enhance their cooperative and productive relationship regarding the exchange of information relating to planning efforts and public facilit/es. NOW, THEREFORE, in consideration of ~he public benefits to be realized from the coordinated planning and review of public educational facilities, the part/es hereby agree as follows: - The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. This Agreement is made pursuant to Section 1013.33, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, Chapter 1013, Florida Statutes, and terms used herein shall have the meaning set forth in such legislation. Specifically, the following terms as used in this Agreement shall be defined as follows: Do ';Adjacent" means lying near or adjoining. "Ancillary Plant" is comprised of the building, site' and site improvements necessary to provide such fa~ilit/es as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program. "Auxiliary Facility" means the spaces located at educational plants which are not designed for student occupant stations. "Compatibility Review'~ means a review pursuant to the ArchitecturaI and Site Design Standards contained w/thin the D/v/s/on 2.8 of the Land Development Code CLDC) fin effect at the time SBR Letters of Compliance are requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and m/tigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. "Consistency Review" means a review process whereby the CounW will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Fut~re Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan, and whether the Plant or Facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to Section 4 of this Agreement. Fo "County's implementing land development regulations" means the Collier County Land Development Code, including the zoning. regulations and development regulations contained and referenced therein. Go "Educational Facilities" means the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County. School Board. "Educational Plan~" '~0~'i~ri-ses the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant. "Locational Criteria" means the land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan. "School Board Review" ("SBR") means the site development plan review process for School Board projects as outlined in this Interlocal Agreement pursuant to Sections 5 and 6 of this Agreement. Ko "State Requirements for Educational Facilities" ("SREF") means the Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. "1996 Interlocal Agreement" means the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 2207, pages 1729 et seq., which bears an effective date of June 25, 1996. The Growth Management Plan's Future Land Use Element (FLUE), Golden Gate Area Master Plan Element (GGAMP) and Immokalee Area Master Plan Element (IAMP) and the Collier County Land Development Code (LDC) in effect at the time that the SBR Letters of Compliance are requested will determine the land use categories and zoning districts that permit or prohibit Educational Plants and Ancillary Plants with/n Collier County. Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District of the FLUE of the GMP adopted on June 19, 2002, Collier County will initiate and consider at duly advertised public hearings, amendments to the FLUE, GGAMP, and IAMP, and the LDC, to allow all future Educational Plants and Ancillary Plants in zoning distric'cs as follows: (1) Ancillary Plants will be permitted by tight in the General Commercial (C-4); Heavy Commercial (C-5); and Industrial (I) Zoning Districts. (2) Ancillary Plants will be prohibited in the RSF-1 through RSF-6; . Residential Single Family; Mobile Home (MI-t); Travel Trailer- Recreational Vehicle Campground (TTRVC); Golf Course (GC); and Conservation (CON) Zoning Distr/cts. (3) Ancillary Plants w/Il be permitted by conditional use approval in all other Zoning Districts. (4) Educational Plants will be prohibited in Residential Tour/st (RT); Golf Course (GC); Conservation (CON); Travel Trailer- Recreational Vehicle Campground (TTRVC); Business Park (BP); and Industrial (1r) Zoning Districts. Educational plants will be permitted by tight in all other zoning districts. Provided further, however, that for a high school facility to be located in any residential zoning district 0tSF, RMF, MI-I, VR, Village Residential) or any residential component of a PUD, a formal Compatibility Review and determination will be required pursuant to Section 5(B) of this Agreement. In the event that the County denies an application based on the Compatibility Review, the School Distr/ct may request an appeal to the Board of County Commissioners (BCC) as outlined in Section 7 of this Agreement. The part/es recognize that Planned Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational Plants and Ancillary Plants as defined in Section 2 of this Agreement, are permitted uses in PUD designations if specifically set forth in the PUD Document and approved by the BCC as a permitted pr/ncipal use. To assist in increasing the number of PUDs that may perm/t Educational Plants and Ancillary Plants, Collier County will, during review of each PUD subject to the sunsetting prov/sion of Section 2.7.3.4 of the LDC, consider the approphateness, in coil. junction with the School Board, of adding Educational Plants and Ancillary P/ants as a permitted use in the PUD. The County will consider the School Board's input in determining whether an Educational Plant or Ancillary Plant should be included as a perm/tted pr/ncipaI use within any new PUD, during the PUD rezone application process. Furthbrmore, Collier County will initiate and consider amendments to the LDC at duly advertised public heatings that will limit the review of any such PUD amendment for the Sole purpose of adding Educationa1 Plants and Ancillary Plants, to the review of the Plant facilities only and the impacts associated with those added uses without further tight by the County to review other issues or change other sections of the PUD Document. Educational Plants or Ancillary Plants, whether permitted as a principal use w/thin a PUD or in a conventional zoning distr/ct or by way of conditional use approval, will be subject to the SBR process pursuant to Sections 5 and 6 of this Agreement. Existing Educational Plants and Ancillary Plants. (1) Existing Educational Plants and Ancillary Plants shall be deemed consistent with the FLUE, GGAMP or IAMP, as applicable. All existing, developed Educational Plant and Ancillary Plant sites, inclusive of the four Educational Plants under construction at time of this Agreement (Site E: Sabal Palm, Golden Gate Intermediate Center-South, Golden Gate Intermediate Center° North, and Golden Gate High School) will be identified on the Furore Land Use Map (FLUM) or Map Series to be adopted as part of the FLUE, at the initiation of Collier County, at its expense. The addition of these sites on the FLUM is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, or to proceed with the construction of any facilities.. (a) On-site expansions shall be subject to the procedures established in Section 6.G.(2) of this Agreement. (b) Expansions beyond the boundaries of the exist/ng sites as demonstrated by the legal description shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. Existing Undeveloped Sites Acquired by the School District for Educational Plants. In order to meet future needs and maxim/ze the use of the public's tax dollars and to comply with the legislative mandate to plan for future schools, the School Board has acquired a number of sites for future Educational Plants and Ancillary Plants. With the exception-as noted in subsections (o), (p) and (q) below, for the three sites in the Rural Fringe Area, these sites have been determined to be consistent with the locational criteria.of the GMP only and GMP amendments will be proposed to include these sites on the FLUM. Once locational consistency has been determined for the sites delineated in subsections (o), (p) and (q) below, GMP amendments will be proposed to include these sites on the FLUIvl. The sites are as follows: (a) Intermediate Center South-44s~ Terrace S.W., proposed elementary school; Intermediate Center North-50th Terrace S.W., proposed elementary school; (c) (e) (0 (g) (h) (i) O) (1) (m) (n) (o) (d) Intermediate Center on Hunter Blvd., proposed elementary school; School Site G - Golden Gate Commerce Park PUD, proposed elementary school; School Site I - future E/W Livingston Road, proposed elementary/middle school; School Site M - Lely Resort PUD, proposed elementary/m/ddle school; Liv/ngston Road School Site, East side of Livingston Road, proposed elementary/middle school; Rattlesnake Hammock Road Site - adjacent to South County bus compound, proposed transportation facility; School Site BB - west side of Livingston Road, proposed middle school; School Site E - I8t~ Avenue N.E., proposed elementary/middle school; School Site F - SW comer of Everglades Blvd. and 60th Avenue N.E., proposed elementary/middle school; School Site f -N.W. comer of Everglades Blvd. and 12th Avenue S.E., proposed elementary/middle school; School Site EE - 18th Avenue N.E., proposed elementary/middle school; School Site BBB - Oil Well Road, Orange Tree PUD, proposed elementary/middle/high school or transpo~ation facility; School Site H and CC - Blue Sage Drive, proposed elementary/middle school (see subsection 3. E. (2) below); (p) (O School Site L and EEE - north of 13th Street N.W., proposed elementary/middle/h/gh school and transportation facility (see subsection 3.E.(2) below); School Site DD and DDD - south of 20th Street S.E., proposed elementary/middle/high school (see subsection 3.E.(2) below); 6 (2) (3) (4) Immokalee School Site - north side of Lake Traf£ord Road, proposed elementary/middle schools; and (s) Immokalee Maintenance and Transportation Satellite - State Road 29, proposed trangportation facility. Sites delineated in Subsections 3.E.(1) (o), (p), and (q) of this Agreement are within the Rural Fringe Area, an area subject to the Final Order No. AC-99-002 issued June 22, 1999, by the Governor and Cabinet of the State of Florida sitting as the Administration Commission. Pursuant to the Final Order, amendments to the GMP were adopted on June 19, 2002, including the Rural Fringe Mixed Use District. These amendments were subsequently found to be "in compliance" by the Florida Department of Community Affairs, but two challenges were filed to that compliance finding. Accordingly, those amendments are not yet in effect. This affects the consistency determination for those three sites. Also, the sites delineated in subsection 3.E.(1)(o) of this Agreement, designated Rural Fringe Neutral Lands, are in an area that is subject to a specific requirement for performance of a Red-cockaded Woodpecker Study. The results of that study could lead to a GMP amendment to change the land use designation, thereby affecting the consistency determination for those sites. Furthermore, sites delineated in subsection 3.E.(1)(c0 of this Agreement are partially within the Rural Fringe Neutral Lands and partially in the Rural Fringe Sending Lands. The Sending Lands designation provides for submittal of env/ronmental data to demonstrate the appropriateness of a land use designation change. This could potentially result fin a land use designation change for the Sending Lands thereby affecting the consistency determination for those sites. The parties acknowledge that due to the changes in the population figt~res and leg/slat/on, certain of the above sites may be designated for other purposes if consistent with all elements of the GMP, and applicable portions of the LDC as set forth in this Agreement, in effect at the time a SBR Letter of Compliance is requested. If consistent with the locational cr/teria in the FLUE, GGAMP or IAMP, as applicable, and not within a PUD, or within a PUD that allows Educational Plants as a perrnitted principal use, then the Educational Plant shall be allowed as a matter of right. All such sites will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. For sites within the Rural Fringe Area designated as Neutral Lands, the site area and school size shall be subject to the General Education FaciIities Report submitted armually by the School Board to the BCC. Ail such sites must comply w/th the State Requirements for Educational Facilities adopted by the State Board of Education. /2'consistent with the locational criter/a in the FLUE, GGAMP or IAMP, as applicable, but within a PUD that does not allow Educational Plants as a permitted principal use, then the Educational Plant shall only be a/lowed if an amendment to the PUD is adopted by the BCC at a duly advertised public hear/rig to make the Educational Plant a permitted pr/ncipal use. Such a PUD amendment shall be initiated by the Collier County School Board at its expense. (6) (7) (8) For part of the sites delineated in Subsection E.(1)(q) above ~hich is in the Sending Area of the Rural Fringe wh/ch is not consistent with the locational criteria in the FLUE, GGAMP or LAMP, or for the sites delineated in Subsections E.(1)(o), (p) and (q) of this Agreement in the Rural Fringe area whose consistency with the locational criteria changes based .upon Subsection E.(2) of this Agreement, as applicable, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such a site consistent with the locational criteria. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, any such site must be located w/th/n a zoning district that allows the Educational Plant as a permitted principal use. Otherwise, a rezone petition must be filed and approved by the BCC at a duly advertised public hearing and remain valid in order for the use to be allowed as a matter of right. The filing and expense of any necessary rezone petition shall be the responsibility of the Collier County School Board. Any fUture expansions beyond the boundaries of the existing Educational Plant sites, as demonstrated by the legal, description, shall be subject to the Consistency Rev/ew and SBR process set forth in Sections 4, 5 and 6 ofth/s Agreement. For any GMP amendment which is initiated to add the sites to the FLUM or Map Series, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Existing Undeveloped Sites Acquired by the School District for Ancillary Plants. (2) If'consistent with the locational criteria in the FLUE, GGAMP or lAMP, as applicable, and within a zoning district that allows the Ancillary Plant as a permitted principal use, then the _Ancillary Plant shall be allowed as a matter of right. All such sites will be (2) (s) (4) identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collie~ County at its expense. The sites delineated in Subsections 3.E.(1) (h), (n) and (p), of this Agreement, are consistent with the locational criteria in the FLUE, GGAMP or L4MP, as applicable, but not within a zoning d/strict that allows the Ancillary Plant as a permitted principal use, and those plants shall only be allowed if a .r. egone petition, or a conditional use petition, as applicable, is filed at the initiation of the Collier County School Board at its expense, and is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Ancillary Plant as a permitted principal or conditional use, and such rezone or conditional use approval remains valid. Sites delineated in Subsections 3.E. 1 (h) and (n) of this Agreement will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. The sites delineated in Subsection 3.E.(1)(p) of this Agreement are in the Rural Fringe Area, as noted and discussed in Subsection 3.E.(2) of this Agreement. Once locational consistency has been determined for the sites delineated in Subsection 3.E.(1)(p), a GMP amendment will be proposed to include the sites on the FLUM or Map Series, at Collier County's expense. Sites delineated in Subsection 3.E.(1)(p) of this Agreement may not be consistent w/th the locational cr/teria of the FLUE, GGAMP or LAM_P, as applicable, pursuant to the Rural Fringe issues detailed in Subsection 3.E.(2) of this Agreement. Should this site become inconsistent, the Collier County School Board may, at its expense, init/ate an amendment to the appropriate Element so as to make such site consistent with the locational criteria. Additionally', this site must also be located within a zoning distr/ct that allows the Ancillary Plant as a permitted principal use, otherwise a rezone petition, or conditional use petition, as applicable, must be filed and approved by the BCC or BZA at .a dulS' advertised public hearing. The approval must remain valid in order for the use to be allowed as a matter of right. The filing and expense of any necessary rezone or conditional use petition shall be the responsibility of the Collier County School Board. Subsequent to the amendment to the appropr/ate Element becoming effective, Collier County w/Il, at its expense, initiate an amendment to the Future Land Use Map or Map Series to add the site. The parties acknowledge that due to the change in the population figures and leg/slation, certain of the sites listed in Subsection 3.E.(1) of this Agreement may be designated for other purposes if consistent with all elements of the GMP, and the applicable (2) (3) portions of the LDC as set forth in this Agreement, in effect at the time that a SBR Letter of Compliance is requested. Any future expansions beyond the boundar/es of the existing Ancillary Plant sites as demonstrated by the legal description, shall be subject to the Consistency Review and the SBR process as set forth in Sections 5 and 6 of this Agreement. (6) For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Future Sites for Educational and Ancillary Plants. If consistent with the locational cr/teria of the FLUE, GGAMP or LAMP of the GMP, as applicable, and within a zoning district that allows the Educational or Ancillary Plant as a perrrdtted pr/ncipal use, then the plant shall be allowed as a matter of right. Once acquired, the site will be identified on the FLUM or Map. Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. If consistent with the locational cr/teria in the FLUE, GGAMP or IAMP, as applicable, but within a PUD that does not allow Educational Plants or Ancillary Plants as a perm/t-ted principal use, then the EducationaI or Ancillary Plant, as applicable, shall only be al/owed if an amendment to the PUD to make the Plant a permitted principal use, at the initiation of the Collier County School Board at/ts expense, is approved by the BCC at a duly advertised public hearing. Subsequent to acquisition by the Collier County School Board, Collier County will, at/ts expense, initiate an amendment to the FLUM or Map Series to add the site. If consistent with the locational criteria of the FLUE, GGAMP or IAMP, as alSplicable, and not within a PUD, but with/n a zoning d/strict that does not allow the Educational or Ancillary Plant as a permitted prLncipal use, then the Plant shall on!y be allowed if a rezone petition or conditional use petition, as applicable, is filed, at the initiation of the Collier County School Board at/ts expense, and such amendment or conditional use, as applicable, is approved by the BCC or BZA at a duly advertised public hearing to make the Educational or Ancillary Plant a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter ofr/ght. Subsequent to acquisition by the Collier County School Board, Collier County w/ll, at its expense, initiate an amendment to the FLUM or Map Set/es to add the site. 10 (4) (5) (6) (7) If not consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, and within a PUD that does not allow Educational or Ancillary Plants as a permitted pr/ncipal use, then the plant shall only be allowed if an amendment to the appropriate Element to make such site consistent with the locational criteria is filed, at the initiation of the Collier County School Board at its expense, and is approved by the BCC and becomes effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the plant shall only be allowed if an amendment to the PUD, initiated by the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hear/ng thereby allowing such Edudafional or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right._ If not consistent with the locational criteria in the FLUE, GGAMP or lAMP, as applicable, not within a PUD, and in a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if an amendment is filed, at the initiation of the Collier County School Board at its expense to the appropriate GMP Element so as to make such a site consistent with the locational criteria of same, and' such amendment must be approved by the BCC at a duly advertised public hearing and thereafter become legally effective. Such a GiMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the Plant shall only be allowed if a rezone petition or conditional use petition, as applicable, initiated by the Collier County School Board at its expense, is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. Any future expansions beyond the boundaries of the Educational or Ancillary Plant site as demonstrated by the legal description, shall be subject to the Consistency Review and the School Board Rev/ew process as set forth in Sections 4, 5 and 6 of this Agreement. For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. It is understood, pursuant to Section 3A of this Agl'eement, that conditional use petitions wSlt not be required for an Educational Plant. 11 H. Ali proposed development to take place on all existing, proposed and future sites for Educational Plants and Ancillary P/ants must be consistent with each and every other applicable Element of the GMP. The following process will be followed with respect to future Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational cr/teria and whether the P/ant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency w/th all other Elements of the GMP w/Il be rev/ewed dur/ng the SBR process. Consistency Review: The Consistency Rev/ew w/Il be conducted as follows: Prior to the purchase of a site for an Educational Plant or Ancillary Plant, the School District will request a pre-application meeting w/th the County. (2) The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. (3) The County will rev/ew the proposed site for consistency with the FLUE, GGAMP, LAMP, as well as the LDC and fundamentaI planning and design pr/nciples including compatibility w/th surrounding uses, complementary pattern of development, landscaping and buffering concerns, storrnwater management, configuration of the traffic circulation systems, consideration of natural resources and m/tigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determ/ned during the SBR Review process. The following additional information will be submitted to _determine major issues that may affect site feasibility: (a) Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, w/th acreage tablgs for each land use desig-nation. 12 (c) Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and an/mai species known to occur on the site and/or known to inhabit biological communities similar to the site. (d) Growth Management. Identification of any Area of Critical State Concern and Development of Regional Impact. (e) Timing and Impact of Development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year. (f) Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public facilities that will serve the proposed site. (g) The School Board will identify any flood zone, welliield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. (4) Within' 45 days of the submission of the information outlined in Section 4.A(3) of this Agreement, the County will provide written comments and recommendations to the School D/strict along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on- site and off-site improvements will be identified for these sites and the parti'ek responsible for these improvements to the extent this can be determined during this locational Consistency Review. (5) Letter of Consistency: After the County review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational cr/teria and whether the Plant is a permitted use, conditional use or proh2bited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013 ..33 (11) Florida Statutes. (6) After the Cotmty has determined that the site is consistent with the G_MP locational criteria and LDC zoning districts, the School 13 Distr/ct shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. (7) After the School D/strict acquires the site and prov/des the necessary documentation for the County to initiate an amendment to the GMP, the County and School District wilI enter into a whtten agreement as part of the pre-application process detailed in Section 6 (D)(2) of this Agreement, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 5. SCHOOL BOARD REVIEW The County will conduct an expedited site plan review for all Educational Plants and Ancillary Plants to ensure compliance and/or consistency w/th the GM:P, fundamental planning and design principles, compatibility with surrounding uses, complementary pattern of development, configuration of the traffic circulation systems, consideration of natural resources and mitigation ofnegat/ve impacts, as follows: Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as amended. (1) In accordance with Ordinance No. 01-57, that portion of the water and/or wastewater system that lies in the public rights-of- way or/n County utility easements (CUE) shall be conveyed to the Collier County Water/Sewer District, prior to the issuance of the Certificate of Occupancy. (2) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (3) Division 3.16 of the LDC designed to protect local government water supply wellfields from land uses that may pollute shall apply. (4) Off-site improvements shall be in accordance with the current update of the' Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of ups/zing said water and/or wastewater facilities. (5) The School District shall be responsible for all mater/als and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to ex/sting school facilities shall require a review by the Collier County Engineer/rig Services Department to deterrnhne the need for a change in meter sizing and additional grease traps. (6) South Florida Water Management D/strict (SFWMD) Penn/ts shall be submitted prior to the issuance of an SBR approval. 14 Compatibility Review. The County will conduct a Compatibility Review which will take into account the Architectural and Site Design Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, lim/ted to compat/bility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, the Utility Billing and Customer Serv/ce (UBCS) Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this Compatibility Review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 7 of this Agreement in .the event that the County denies the application based on non-compliance with the items listed in this paragraph. Landscaping and Buffer/ng. Division 2.4 of the LDC in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the LDC allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations tbr projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of tkis Division can be effectively accomplished without meeting the specific development Standards. The administrative deviations shall be requested in the format set forth in Section 2.8.2.5 of the LDC. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (1) On a site by siie basis, County staff w/Il determine the necessity for an Environmental Impact Statement (EIS) to be submitted. (2) The £mal SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted pr/or to a determination that the SBR application is sufficient for review. (3) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with Collier County's LDC and GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) agency permits. t5 Fo (4) (5) (4) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/ wetlands preserve or protected species preserves. The GMP requires schools to prov/de a set percentage for native vegetation preservation in the Rural Fr/nge and the Rural Lands. The School Board must comply w/th the set percentages of native vegetation preservation. (6) An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved pr/or to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. (7) All environmental documentation must be submitted pr/or to a Sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. All State Fire Code regulations as they relate to the site plan and in effect at the t/me that a SBR Letter of Compliance is requested shall apply. The School District shall subm/t all building information necessary to determine site requirements including but not limited to fire flow requirements and f'tre sprinkler requirements. Collier County Stormwater Management Policies as follows: (1) (2) (3) A Drainage Plan, signed and sealed by a Florida Professional Eng/neer must be subm/tted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. SFWMD perm/ts must be submitted prior to a determination that the SBR applicat/on is sufficient for revie~v. Easements for drainage improvements and access to them must be submitted pr/or to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. 16 Public Educational Plants and Ancillary Plants are deemed to be essential .public services and as such are subject to a Capital Improvement Element (CIE) rev/ew for a public facility adequacy analysis. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. Off-Site Impacts - In accordance w/th Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and Collier County will jointly deterrrdne the need for, and t/ming of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and LDC, and will enter into a written agreement at the preapplication stage pursuant to Section 6.D.(2) of this Agreement, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: (1) The School Distr/ct shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not. necessarily limited to, 'the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. (2) Turn Lanes - The School District shall be responsible for mm lane improvements adjacent to andJor in the vicinity of a site, including the cost and construction of same. Necessary mm lane improvement(s) deterrrfined by Collier County Transportation Staff shall be in place prior to the issuance of the f'n'st permanent Certificate of Occupancy. When said mm lane improvement(s), whether left mm lane(s) or right turn lane(s), are determined to be necessary, fight-of-way and/or compensat/n,.g right-of-way, shall be provided in conjunction with said improvement(s), as determdned by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimun~ 17 (3) (4) (5) (6) (7) standards as adopted by the Flor/da Department of Transportation (FDOT) Design Standards as required by Chapter 316, Florida Statutes. The turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the mm lane queue length determinations. Sidewalks - As part of the SBR process, the School Board and County will develop a sidewalk plan wh/ch delineates the sidewalks that are necessary in and around the project to establish the most direct connect/on to an existing network of sidewalks. The School Board shall collect funds through the school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is deterrrfined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s), will be determined based upon the percentage of'usage and impact. Any and all traffic control dev/ces and design criteria used shall be in accordance with the m/nimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. All traffic speed lirrfit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 18 (8) Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with Collier County regulations. (9) In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to the improvements required to mitigate the off-site transportation impacts but only as they relate to such expansion. SCHOOL BOARD REVIEW PROCESS. The SBR for School Board projects shall be reviewed under the following expedited process: The SBR application will be reviewed only as to the criteria set forth in Section 5 of this Agreement. The SBR application submittal shall be in accordance with Section 3.3 of the LDC, but only as to those submittal requirements which are consistent with. the review criteria set forth in Section 5 of this Agreement. The Part/es will develop a checklist that defines the items to be submitted for a SBR review application. Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with the School District within three (3) weeks ora request be/ng submitted to the County. The County will review the development proposal for compliance with the Letter of Consistency required in Section 4.A of this Agreement. (2) The parties Mil discuss and enter into a written agreement as to the timing and_location and the entity or entities responsible for the cost, construction, operation and maintenance of the required offsite improvements. Any requirement that the BCC approve this written agreement at a public heating is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educat/onal Plant or Ancillary Plant to the County for SBR approval. The County shall have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for re'view, the Cotmtfz will request additional information from the School District. 19 (2) Once the applicat/on package is sufficient, the coUnty shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and School Distr/ct. Once an affirmative determination has been rendered, the School D/strict may obtain building permits and commence construction. (3) Failure by the County to issue a Letter of Compliance w/thin 90 days after determining the application package sufficient for review shall be considered an approval. However, if within 90 days, the County denies the application based on non- compliance w/th the relevant standards of this Agreement, the SBR shall be considered denied and the School District shall be authorized to pursue an appeal. Letter of Compliance: After the expedited review and the County's determination of compliance with the terms of this l-nterlocal Agreement, the Planning Services Director, or bis designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this Agreement, the Planning Services Director shall, at the request of the School Distr/ct Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School D/strict shall be authorized to appeal the decision of the Planning Services Director as descr/bed in Section 7 of this Agreement. The parties agree that the School District shall not request reviews and that County review is not requested or required for: (1) The placement of temporary or portable classroom facilities; or (2) Proposed renovation or construction on existing school sites, with the exception of construction that: (a) Cb) (c) (d) changes ~the pr/mary use of a facility, includes a stadium, results in a greater that five percent (5%) increase in K- 12 student capacity, or encroaches upon the established setbacks as set forth in this Agreement Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper 20 10. 1t. sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. SBR and Consistency Review Fees: The County will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. APPEAL: In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of this Agreement, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. A request for appeal shall be filed in writing with the Planning Services Director. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The BCC shall hold an advertised public hearing on the appeal and shall consider the decision of the Planning Services Director, the position of the School District and public testimony. In the event that the BCC upholds the decision of the Planning Services Director, the School District shall then be authorized to pursue any legally available action or remedy to resolve this matter. In the event that the BCC upholds the position of the School Distr/ct, the BCC shall direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. The County will initiate an amendment to the Land Development Code to exempt Ancillary Plant conditional use approvals from expiration, as long as the Plant is listed on the School Board Capital Outlay Plan from the time the conditional use is granted until the property is developed. Any GMP amendments that the County is required to consider pursuant to this Agreement shall be initiated in the next available amendment cycle. Any LDC amendment that the County is required to consider pursuant to this Agreement shall be initiated in the third LDC amendment cycle in 2003. Exceptions to this time line are for sites that may be impacted by the Rural Fringe GMP amendments, as noted in subsection 3.E.(2) of this Agreement, and FLUM or Map Series amendments for sites yet to 'be acquired by the School Board. As set forth in the preamble to this Agreement, the purpose of this Interlocal Agreement is to meet the intent and requirements of Section 1013.33, Florida Statutes. In the event that Section !013.33, Florida Statutes, is amended or repealed to delete or exempt the coordination of public educational facilities construction with local government comprehensive plans and implementing land development regulations, then notwithstanding the term of this Agreement set forth below, this Agreement shall become null and void. Tl~is Agreement replaces and supercedes the 1996 Interlocal Agreement defined herein. With such replacement, it is understood and agreed by the parties that the School Board has agreed to replace the 1996 Interlocal Agreement process v, dth 21 the expedited and abbreviated Consistency Review and SBR process based upon the good faith representations of the County in pursuing and implementing the GMP amendments and the LDC amendments contemplated in this Agreement. 12. Should any GMP amendment or LDC amendment requ/red to be initiated under this Agreement fail to obtain the required approval by the BCC, then the part/es shall renegotiate the provisions related to the failed amendment. The renegotiation of such amendment only affects the validity of that portion of the agreement related to the failed amendment, and the remainder of the Agreement remains in full force and effect. 13. Between the effective date of this Agreement and the effective date of any GMP amendments or implementing LDC amendments that are not dependent upon the adoption of the GMP Amendments, any of which are required to be initiated or considered by the County under this Agreement, the provisions of this Agreement shall control, to the extent that the Agreement is not inconsistent with the current GMP. The parties understand that this provision's intent is to follow the procedures set forth in this Agreement, such as the consistency review process, the School Board Re'view process, and the determination of zoning based on the Agreement so long as the property is deemed an allowable use in the GMP, regardless of the current LDC provisions, except as limited by the PUD provisions of this Agreement. This provision is supported by the zoning in progress rule as set forth in _Sm/th v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). 14. The term of this Agreement shall be for a period of six years; provided, however, both parties agree that this Agreement shall be reviewed and, if necessary, updated every two (2) years. 15. This Agreement may be executed in any number of counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument and be the Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed tkis Agreement by their duly authorized officials on the dates set forth below. ATTEST: 'BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Date: Approved as to form and legal sufficiency: eigel, Count~ At~orn-ey ATTEST: By:_ . Be~'a i~ Dr. H erintendent Date: COLLIER COUNTY SCHOOL BOARD L~i~d% Abbott, Chair Date:__ 404765_1 23 3.2 An Assessment of the Comprehensive Plan with respect to the South Florida Water Management's Lower West Coast Water Supply Plan A. Introduction and Background In May 2002, the Florida Legislature amended Chapter 163, Florida Statutes (F.S.) requiring the preparation and adoption of a 10-year Water Supply Facilities Work Plan (WSFWP) by local governments with water supply facility responsibilities. This WSFWP is required to assess water needs and sources in conjunction with the local regional water supply plan to strengthen coordination of water supply planning and local land use planning for the Collier County Water-Sewer District (CCWSD), the Town of Immokalee, the Florida Governmental Utility Authority (Golden Gate City) and the Orange Tree Utility. During the Evaluation and Appraisal Report (EAR), four Collier County Growth Management Plan (GMP) Elements must be evaluated for consistency with the WSFWP and the plans of the regional water management districts, in this case the Lower West Coast Water Supply Plan (LWCWSP). The incorporated municipalities within Collier County, the City of Naples, the City of Marco Island, and Everglades City, will each submit their own Water Supply Facilities Work Plans and as appropriate, enabling GMP amendments, pursuant to the amended Florida Legislature requirements. Collier County's Water-Sewer District currently serves approximately 118,116~ customers on a permanent population basis with potable water. Based on total future projected growth in the potential, it is estimated that the County will be serving approximately 229,2002 customers with potable water in the Year 2013. In 2001, Collier County updated the Water Master Plan, recognizing the need to provide water services to a rapidly growing population. At the time, the existing Water Master Plan had not been updated in approximately four years. The Water Master Plan Update was updated in 2002 to continue to plan for future water supply and infrastructure needs to meet the requirements of growth, infrastructure renewal, replacement and enhancement. The updated Water Master Plan Update recommended over a course of five years the following objectives for Collier County's 2002 Water Master Plan: Water supply: · Identify sites · Purchase property · Permit and construct new wellfields · Add new wells · Prepare hydrogeological studies · Continue the well replacement program ~ 2001 Data as reported by Collier County Planning and cited in Table 4-2, Water Supply Facilities Work Plan 2 Projection of populations served in existing and extended service areas cited in Table 4-5, Water Supply Facilities Work Plan 3.2.1 Water Treatment: · Complete the South County Water Treatment Plant Expansion · Identify future sites · Purchase property · Design, permit and construct water treatment plant expansions · Prepare cost-benefit analysis studies of retrofitting water treatment plants from membrane to reverse osmosis Water Transmission: · Complete construction of Collier County/City of Naples interconnections · Improve water transmission main capacities Rehabilitate older sections of the water distribution system Aquifer Storage and Recovery (ASR) Wells: · Investigate the expanded use of ASR for raw and potable water · Expand ASR wellfields · Identify potential new ASR sites · Construct new ASR sites These goals are being implemented by the capital improvement projects (CIPs) cited in the CCWSD's portion of the WSFWP. The Town of Immokalee, the Florida Governmental Utility Authority (Golden Gate City) and the Orange Tree Utility are achieving their goals through implementing their C11%. The goal of the 2002 Water Master Plan Update is to provide a guide for water facility planning for the next 20 years. This latest Water Master Plan Update provides for comprehensive overview of the entire water system, including emergency systems, water demand projections and demands and proposed conservation and reclaimed water projects. The 2002 Water Master Plan Update has formed the foundation for the CCWSD's portion of the current Collier County Water Supplies Facilities Work Plan as required for adoption into Collier County's Growth Management Plan (GMP) by the Florida legislature in 2002. 2002 Water Master Plan Update The Collier County 2002 Water Master Plan Update, Final Update, referred to hereafter as the "Water Master Plan," was prepared by Greeley and Hansen LLC and adopted on February 25, 2003 by the Board of County Commissioners. As mentioned above, this Water Master Plan updates the 2001 Water Master Plan Update and provides for an integrated approach for meeting the projected water system demands up to the year 2022. This plan utilizes population projections prepared by the Collier County Comprehensive Planning Department that have been approved by the Florida Department of Community Affairs (DCA) and accepted by the South Florida Water Management District (SFWMD). Water demands are provided at five-year increments to be consistent with the Lower West Coast Regional Water Supply Plan (LWCWSP). 3.2.2 Although there will be a considerable degree of difference in timing between the preparation of the EAR and the adoption of the Master Plan, the water demand projections modeled in this document use a methodology for the CCWSD similar to those previously used and approved by the SFWMD. The WSFWP contains analysis and explanation of those small differences. Collier County Water Facilities Workplan On May 14, 2004, the Collier County Comprehensive Planning Department staff will transmit the notebooks containing the enacting amendment to its GMP's Potable Water Sub-element (s.163.3177(6)(c), F.S.), Conservation and Coastal Management Element (s. 163.3177(6)(d), F.S .) and Intergovernmental Coordination Element (s. 163.3177(6)(h) 1, F.S.) enabled by the WSFWP to the Collier County Planning Commission. On July 27, 2004, the Collier County Board of County Commissioners (BCC) will hold the adoption public hearing. Once all final corrections are made, per direction from the BCC, they are transmitted to the DCA as part of a 60-day review process for all proposed comprehensive plan amendments. These amendments, attached as Appendix 3.2-A, are enabling amendments to enact the programs contained in the WSFWP, which will be added to the above referenced Elements of the Collier County's GMP. Final recommendations and BCC action, after the DCA review process for proposed comprehensive plan amendments, are anticipated during the month of September 2004. The WSFWP, prepared using the 2002 Water Master Plan Update, is secondary to the most recently adopted Water Master Plan Update as the County's official plan for water capital improvements and the basis for a 5-year Capital Improvement Schedule indicated in the updated Capital Improvement Element. Table 3.2-1 attached in Appendix 3.2-A shows the projected capital improvement projects and their timing for a 5-year period, and Figure 3.2-1 shows a map of the Collier County's Water-Sewer District. B. Data Assessment The Goals, Objectives and Policies of the Collier County's GMP were reviewed with respect to the additional water supply planning requirements of Chapter 163 as summarized below: 1. Coordinate appropriate aspects of the comprehensive plan with the appropriate water management' s regional plan. (s. 163.3177(4)(a), F.S.) 2. Revise the Potable Water Sub-Element to consider the regional water supply plan of the appropriate water management district. (s. 163.3177(6)(c), F.S.) Revise the Conservation and Coastal Management Element to assess projected water needs and sources for at least a 10-year planning period addressing water supply facilities necessary to service existing and new development and for which the local government is responsible. (s. 163.3177(6)(d), F.S.) 3.2.3 Revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with the applicable regional water supply plan. (s. 163.3177(6)(h) 1, F.S.) An analysis of objectives and policies in the Potable Water Sub-Element, Conservation and Intergovernmental Coordination Element of the GMP was conducted to evaluate the adequacy of the GMP with the new statutory requirements. The evaluation showed that some policy modifications and additions are necessary to bring the GMP into full compliance with these requirements. These modifications are summarized below: A.) Recommended Modifications to Potable Water Sub-Element: · A new Goal, that being Goal 2, To link the County with the SFWMD and other regulatory agencies in implementing effective linkages between growth management and water planning. · A new objective, that being Objective 1.4: The County shall coordinate with the SFWMD in the development of the Water Master Plan Update, which is the primary planning document for the Collier County Water-Sewer District's present and future water supply planning efforts. Future Water Supply Facilities Work Plans that may be required will use the adopted Water Master Plan Update a basis for reporting the Collier County Water-Sewer District's water supply planning. · A new objective, that being Objective 2.1: The County shall coordinate with the SFWMD to produce future plans for water supply as described within the Water Master Plan Updates that ensure the County's ability to maintain it's stated Level of Service Standard. · A new policy, that being Policy 2.1.1: The County shall reference the water supply guidelines of the most current version of the SFWMD's LWCWSP in developing any future required Water Supply Facilities Work Plans. B.) Recommended Modifications to Conservation & Coastal Management Element: · A new objective, that being Objective 4.2: the County shall reference the water supply guidelines of the most current version of the SFWMD's LWCWSP when updating the Water Master Plan. · A new policy, that being Policy 4.2.1, The Water Master Plan Update is the primary planning document for the Collier County Water-Sewer District's present and future water supply planning efforts. Future Water Supply Facilities Work Plans that may be required will use the adopted Water Master Plan Update as the basis for reporting the Collier County Water-Sewer District's water supply planning. 3.2.4 C. Conclusion An evaluation of water supply planning activities in Collier County shows that the County has been linking water supply and land use for over three years. Although, this is a relatively short time frame, the County is fully committed to endorsing this new paradigm shift into its present and future water supply planning/land use planning strategies. Furthermore, the County, through its Water Master Plan Update, has identified sources of potable water and analyzed options to provide water to meet the growth demands for a twenty-year time frame. This plan is routinely updated to keep pace with population and regulatory changes. The 2002 legislative changes to Chapter 163 F.S. designed to enhance coordination between water supply planning and land use planning have been practiced by Collier County but are in the initial phases of being codified into its GMP. Modifications of various Collier County's GMP's Goals, Objectives and Policies (GOP), as required by these legislative actions, have been addressed through the proposed GMP amendment to the Potable Water Sub-Element, Conservation and Coastal Management Element and the Intergovernmental Coordination Element. The proposed amendment results from the current WSFWP, which identifies the 2002 Water Facilities Master Plan Update as the appropriate document for water supply planning and satisfies the legislative. The proposed amendment results from the current WSFWP, which identifies the 2002 Water Facilities Master Plan Update as the appropriate document for water supply planning and satisfies the legislative requirements and periodically updating the 5-year Schedule of Capital Improvements. Additionally, the WSFWP is a significant submittal in the coordination of the CCWSD, the Town of Immokalee, the Florida Governmental Utility Authority (Golden Gate City) and the Orange Tree Utility with the LWCWSP, which is the applicable regional water supply plan for Collier County. An evaluation of additional legislative requirements indicated additions or modifications to the GOPs contained in the Conservation and Coastal Management Element and Intergovernmental Coordination Element of Collier County's GMP that were necessary for full compliance. Proposed Revisions All proposed revisions have been taken into consideration by Collier County's Comprehensive Planning Department's staff through the proposed comprehensive plan amendments, entailing all of the changes to the County's GMP's Elements, as referenced above in the "Data Assessment" section. 3.2.5 3.3 - Special Topic Countywide Assessment: An Evaluation of Possible Property Right Infringements based upon the allocation of Land Use Densities within the Coastal High Hazard Area over the Past Seven Years A. Introduction and Background Since the adoption the last comprehensive plan, the Collier County Board of County Commissioners have not instituted any policies or programs that have resulted in a reduction of density within the Coastal High Hazard Area (CHHA). Therefore, the property rights of existing landowners and residents within the CHHA have not been impaired. The County does have a "build-back" policy in the aftermath of coastal storms, erosion and hurricane events. However, there has never been a natural disaster serious enough to warrant the County Commission putting this policy into operation. Further, the County Building Review and Permitting Department operates a repetitive loss program. Periodically, structures meeting the County's repetitive loss criteria are removed. However, due to the rapidly growing population of Collier County, and the high land values within the coastal area, the property rights of coastal residents, as a whole, have not been significantly impaired. 3.3.1 zz Figures 3.3-1 and 3.3-2 spatially display the differences in a graphic format: Figure 3.3-1 1995 Land Uses: commercial & residential development 0 Legend m~ L:C ~ta bHigh_Hazard_LJne 1995 CHH.& - residential & commercial development Lev3_desc --" F~,~-d Single Fami¥ Goif C our.= Mobile H,:,me Link ___ h&J~iple Dw~elling Ur, iff- High R~-e 2~Ailes 3.3.6 Figure 3D3-2 2001 Land Uses: commercial & residential development 0 3 Legend ~ Co ~.taLH igh_H aza~d_Lin e i Collier County' boundary Level._3 Fixed Single FarniIy Units i . Golf Courses ~1 Mixed E:on-lmercial and Services Mixed Units <Fixed and rnobile .... Mobile H o me Id R its ,A.n)¢. De r~sit!,,' - Multiple Dvcellir~g Unit,_; High R ---- Muir pla D'¢,,'ellin9 Units Low Ri ~ P. eta il S:~ les a nd ~':;e r,.,' lc.as ~ P. etail Sale,~; end Services;- Sh ~ Touri:~'l Services '12 t8 24 Miles Z 0 0 o o o o o o q q, q q q q q q ql q q z o d d o d d o o o, o o o o o o o o . o ~ o o ol o mil o o d o o ~ o o o ~ o o o o o o: o ~1 d d ~ o o d ~ ~ o o d ~ d d d d d' d! d ~ d d d d o o o o d o c o o o o o o ; i o d d o d q d q dl d d d 6 d d d d 0 ~' ~ 8 ~ 8~ 8i 8 s o o o o o~o o o o o ~ ~' ~ ~ o o o o o CO0g/g/*b gOOg/g,/Z I. Z:OOg/g/g gOOg/G/'b l,O0g/g/~ I. I- 00 l.OOg/g/t, O00g/g~ I. O00~/g/g O00~/g/t' 666 l,/gIg L 666 L/g/g 666 L/~/b g66 L/g/Z~ 966 g661*/9/b L66 L/g/'~ L L66 L66 966 l,/g/~ 966 I./g/g 966 I./g/f~' §66 I-/g/g 0 0 0 0 LO 0 si!uN 6U!llO~O ~00~/~/17 ~O0~/S/~ ~00~/S/17 ~ O0~/S/S ~ 00 ~/S/~ O00~/g/~ O00~/g/g ~ ~/~/~ ~ ~/fl/~ 8~ ~/~/8 ¢~ ¢/~/~ ZOO ~/8/g ZO~ ~/~/~ Z~ ~/~/~ 966 [t8~ 966 ~/9/9 966 ¢66 ~/9/U 966 ~/9/9 0 0 0 0 0 0 0 0 sl!ul3 5U!llO~(] 0 0 0 0 ~O0~/~/k ~00~/~/~ ~00~/~/~ ~00~/~/~ [00~/~/~ [ [00~/~/8 [00~18/~ 000~/~/~ 000~/~/8 000~/8/~ 666 ~/8/~ 666 ~/8/~ 666 ~/8/~ 866 ~/2/~ 966 ~66 k/~/? ~66 ~/9/~ Z66 ~/9/~ ~66 ~/9/~ 966~/8/~ ~ 966 ~/9/8 ~' 966 ~ 966 ~/~/~ .... 966 L/9/~ 0 0 0 0 0 0 C'.4 04 .t..- ~ sa~o~ sso~D D. Objective Achievement Analysis Because Collier County hasn't experienced a catastrophic countywide disaster since Hurricane Donna in 1960, staff cannot directly answer the Special Topic #3 of Section 163.3191 (2), Florida Statute: The EAR will evaluate whether any past reduction in land use density within the Coastal High-Hazard Area impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. However, it has been demonstrated that over the past seven years, the County has been able to balance public safety issues while respecting private property rights. E. Conclusion Staff has evaluated the level of building activity within the CHHA over the past seven years and has determined that the property rights of existing landowners and residents within the CHHA have not been impaired. F. Recommendations: Overall, the majority of the enabling policies continue to be relevant to the density provision standards in the Future Land Use Element and Bayshore/Gateway Redevelopment Area and the two objectives in the Conservation and Coastal Management Element. 3.3.14