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Agenda 05/24/2011 Item # 8A5/24/2011 Item 8.A. EXECUTIVE SUMMARY CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. (Adoption Hearing). OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) and the Environmental Advisory Council (EAC) regarding the above referenced petition and render a decision regarding the amendment petition; and ensure the proposed plan is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The proposed Immokalee Area Master Plan (IAMP) intends to implement the Immokalee community's vision, as approved by the Immokalee Area Master Plan and Visioning Committee (IMPVC), by promoting economic development and efficient delivery of services through greater density and intensity that encourage dense, clustered development along major thoroughfares that transition to lower densities; incorporating smart growth principles; and by providing greater development flexibility through mixed -use Subdistricts. The revised Immokalee Future Land Use map provides integrity to the geographic region. In general, the amendment to the IAMP element of the Growth Management Plan (GMP) proposes eight new goals, each with respective objectives and policies; followed by the revised Land Use Designation Description Section which includes and describes the proposed land use designations that will guide patterns of development within the Immokalee urban area and further the proposed goals through standards set forth within such land used designations, and the types of allowed land uses that could be requested. Additionally, per request of the BCC at transmittal hearing of this amendment petition, the Plan allows density and intensity blending for properties contiguous to Lake Trafford/Camp Keais Strand and which straddle the Immokalee Urban area and the Rural Lands Stewardship Area Overlay (RLSA). The Board's decision to re- include this language after the CCPC had recommended exclusion from the Plan during transmittal hearings, was in response to a request from a public speaker representing a client that owns lands that could potentially benefit from this provision. Therefore, the BCC requested the public speaker to provide staff data and analysis that would assess the impact of such provision on the RLSA program with the intention that, Page 1 of 6 Packet Page -18- 5/24/2011 Item 8.A. during adoption hearings, the Environmental Advisory Council (EAC) and the Collier County Planning Commission (CCPC) would provide the BCC a recommendation of the merits of such provisions based on the supplied data and analysis. (See attached data and analysis provided by Wilson Miller Stantec Inc.) Based on the submitted data and analysis to address the effect that the shifting of density and intensity may have on the overall development in the RLSA, and which was submitted after the EAC meeting, staff concludes that the potential increase in units at build -out that the density blending provisions would yield a minimal effect (1.65 percent increase) in the RLSA program. Additionally, the intent of the density and intensity blending would further the goals of the proposed IAMP by offsetting development away from the Lake Trafford/Camp Keais Strand System (LTCKSS) Overlay. Lastly, during the Evaluation and Appraisal Report (EAR) hearings, the CCPC requested staff to evaluate what native vegetation retention requirements would be appropriate for the LTCKSS Overlay. The proposed IAMP references the wetland protection standards set forth in Policy 6.2.5 of the Conservation and Coastal Management Element (COME) of the GMP. However, such Policy does not specify the native vegetation retention requirements, thresholds and standards that would apply to the LTCKSS Overlay. As a start point, Staff evaluated the native vegetation retention requirements intended for properties located within the Rural Fringe Mixed Use District ( RFMUD). Major differences are the development parameters for these lands (density; intensity; and allowed uses) which are intentionally restricted compared to those that apply to properties within the LTCKSS Overlay. Properties within the LTCKSS are allowed to develop at much higher density and intensity than the Sending lands within the RFMUD. Staff evaluated applying the more stringent (80 and 90 percent) native vegetation retention requirements of RFMUD Sending and Natural Resource Protection Area (NRPA) Sending Lands, as suggested by some of the CCPC members, but determined that such high native vegetation retention standards would preclude allowable uses in the Overlay (properties within the LTCKSS Overlay are currently allowed to develop at much higher density and intensity than RFMUD Sending and Natural Resource Protection Area NRPA Sending Lands). Taking this into consideration, staff proposed using a mid -point range such as that for RFMUD Neutral Lands (A minimum of 60 percent of the native vegetation present, not to exceed 45 percent of the site). The Environmental Advisory Council (EAC) supported the recommendation by staff, with the understanding that given the ecological value of these lands, the amount of preservation required would be further evaluated and may increase pending the results of this evaluation. In light of the EAC and the CCPC's recommendations to the BCC, staff, in coordination with staff from the Conservancy of Southwest Florida, gathered additional data and analysis and has further evaluated the appropriate native vegetation retention requirements thresholds and standards that would apply to properties within the LTCKSS Overlay. Staff concludes that a native vegetation retention of 60 percent (not to exceed 45 percent of the site) in combination with the applicable wetland standards as outlined in the GMP and the LDC, are the appropriate standards for properties within the LTCKSS. Page 2 of 6 Packet Page -19- 5/24/2011 Item 8.A. Changes to the CCME are necessary in order to ensure that the native vegetation standards be applied in combination with the applicable wetland requirements. However, these changes are not being proposed at this time since the CCPC recommended the changes be evaluated at a subsequent GMP amendment cycle. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT: The Objections Recommendations and Comment (ORC) Report is included as part of this amendment packet, as well as a response letter prepared by the petitioner's consultant (RWA) with the assistance and input of County staff. If an Objection set forth in the ORC Report is not adequately addressed when adopted, then the DCA may find the amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC Report in one of four ways at Adoption: 1. not modem the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate if we believe DCA simply does not understand/has misunderstood the amendment] and/or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modem the amendment, and provide additional explanation and/or provide additional data and analysis; or, 4. not adopt the amendment. Most notably within the ORC Report are objections due to DCA's contention that the proposed LAW does not establish meaningful and predictable guidelines and standards defining the intensity of non- residential use for the different future land use categories. The land use categories within the current IAMP do not include specific limitations for the development of allowed intensity for the Immokalee Urban Area. Nevertheless, in order to satisfy DCA's objections in regard to limitation of intensity within the GMP, County staff compiled and evaluated land use category data in the Immokalee urban area in order to determine the amount of existing square footage of commercial, industrial, governmental, and institutional development utilizing Collier County's Property Appraiser data, Collier County's Geographic Information System (GIS) data, data from updated Commercial and Industrial inventory. The agent for the petitioner then utilized the compiled data to compare the development potential of the proposed LAMP with the County's population projection to prepare the resulting development intensity in five year increments, out to 2025. Based on an analysis of existing conditions and growth projections through the 2025 planning horizon, the revised LAMP proposes a maximum square footage of 8.45 million square feet for non - residential development for the entire Immokalee Urban Area, an increase of 3 million square feet above the existing 5 million square feet of non - residential development. Accordingly, the LAMP has been revised to include maximum square footage for non - residential development through the added Policy 6.1.10; make revisions to the land use description section; and add the data and analysis. Revisions to the IAMP because of the ORC Report include: • The establishment of a maximum of 70 percent of non - residential development within the Commercial -Mixed Use subdistrict; Page 3 of 6 Packet Page -20- 5/24/2011 Item 8.A. • Inclusion of the specific uses allowed within the Immokalee Regional Airport subdistrict; clarification that the proposed Central Business District is meant to be a zoning district as opposed to a land use designation; • A revised transportation analysis to address short term and long term transportation concerns and needs; • Revisions to specify that best management practices are to conform to those established by the Florida Department of Environmental Protection (FDEP) and the U.S. Environmental Protection Agency (EPA) in order to address Total Maximum Daily Loads (TMDL) and nutrient loading; and • Additional data and analysis to address concerns in regard to projected demand for and availability of potable water and sanitary sewer facilities and water supply. • Revised language that requires on -site or off -site preservation to exceed the minimum applicable amounts set forth in the CCME Policy 6.1.1 by at least ten percent, in order to qualify for incentives. In addition, greater levels of incentives may be provided for greater amounts of preservation through criteria that is to be specified in the Land Development Code (LDC). FISCAL IMPACT: Approval of this Growth Management Plan (GMP) amendment petition would have a fiscal impact on Collier County. The commitments included in the proposed plan, which translates into operational impacts, fiscal impacts, as well as a set timeframe to fulfill such programmatic and fiscal commitments, will require funding and allocation of staff that may not be readily available. Staff is of the opinion that the proposed Plan may not have an immediate impact on the demand for public facilities, but will impact future demand for public facilities. In addition, the proposed Plan may shift prioritization of some County -wide efforts to the Immokalee Urban Area. Nevertheless, Goal 1 would allow the County, on an annual basis, to prioritize capital projects, programs, studies, and any other commitments within the proposed plan that are necessary to further the proposed Goals, Objectives and Policies in the IAMP. Objective 1.1 requires the CRA to develop a list of priorities of commitments, as well as identifying potential alternative funding sources to fulfill such commitments. In addition, Policy 1.1.1 allows for the extension by the BCC of the timeframes allocated to fulfill the commitments within the proposed IAMP, subject to consideration of available funding and/or operational constraints. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• The EAC heard this petition at their January 5, 2011 meeting and unanimously recommended (5- 0) to forward the subject amendment, CP- 2008 -5, Immokalee Area Master Plan, to the BCC with a recommendation to adopt and transmit to the Florida Department of Community Affairs (DCA) subject to the following conditions: Policy 5.1.2: Lake Trafford Development — inclusion of language at the end of the policy "The Lake Trafford Drainage Basin shall be the geographic area intended for implementation of these BMP" (or similar language). [Staff note: This condition has been addressed in the revised document.] 2. To affirm the BCC decision for inclusion of language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay (RLSA). Staff notes that the EAC recommendation to include language that Page 4 of 6 Packet Page -21- 5/24/2011 Item 8.A. would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban area and the RLSA, was based on the assumption that the agent for the property owner that would be affected by this language, would provide the requisite data and analysis. Only minimal data and analysis was received from that property owner's agent and was provided to the EAC; it was considered inadequate by the EAC (and staff). [Staff note: This condition was not supported by the CCPC. However, as discussed herein, staff recommends inclusion of this condition based on additional data and analysis provided to staff and the CCPC after the EAC hearing.] 3. To support Staff recommendation on the amount of native preservation required for properties within the Lake Trafford/Camp Keais Strand System (as discussed herein), with the understanding that given the ecological and/or environmental value of the lands affected, the amount of native preservation required will be further evaluated and may be increased pending the results of said evaluation. [Staff note: This condition was not supported by the CCPC and is not part of the final recommendation to the BCC.] In addition, the EAC recommended minor text changes to Data and Analysis section of the IAMP document (see CCPC staff report for the specific changes.) [Staff note: This condition has been addressed in the revised document.] COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The Collier County Planning Commission (CCPC) heard this petition on February 17, 2011, and unanimously recommended (9 -0) to forward Petition CP- 2008 -5 to the Board of Collier County Commissioners (BCC) with a recommendation to adopt and transmit to DCA, subject to following: 1. That the proposed native preservation standards for lands located within the Lake Trafford/Camp Keais Strand System be removed from the IAMP and be included as part of the 2011 GMP amendment cycle to determine the appropriate native vegetation standards as determined by additional data and analysis. 2. That the proposed Density and Intensity Blending provisions of the Density Rating System be removed from LAMP. LEGAL CONSIDERATIONS: During the initial review of the IAMP amendments, the CCPC raised the issue of amending provisions relating to the native vegetation retention requirements for the Lake Trafford Camp Keais Strand System in the Conservation and Coastal Management Element ( "CCME ") of the Growth Management Plan. At a subsequent public hearing, the CCPC recommended that the CCME provisions be addressed in the next Growth Management amendment cycle rather than with the IAMP amendments to allow full public input. The amendments to the Immokalee Area Master Plan are ready for Board consideration and approval. The adoption hearing for GMP amendments requires a four -fifths vote of the Board for approval. —HFAC Page 5 of 6 Packet Page -22- 5/24/2011 Item 8.A. STAFF RECOMMENDATION: Staff recommends that the BCC adopts and transmits petition CP- 2008 -5 to the Department of Community Affairs, subject to the following: 1. To allow the density and intensity blending provisions for properties contiguous to Lake Trafford or Camp Keais Strand Overlay, and which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay (RLSA); and 2. To provide direction to the County Manager or designee to initiate a GMP amendment to include native vegetation standards that would apply to properties within the LTCKSS Overlay, as recommended by the CCPC. As noted above, the BCC has also the option to adopt and transmit petition CP- 2008 -5 to DCA, as recommended by the CCPC. PREPARED BY: Carolina Valera, Principal Planner Comprehensive Planning Section, Growth Management Division Attachments: 1. Ordinance 2. Exhibit A Text 3. CCPC Staff Report 4. Density Blending supporting Data & Analysis Page 6 of 6 Packet Page -23- 5/24/2011 Item 8.A. EXECUTIVE SUMMARY - ADDENDUM CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. (Adoption Hearing). OBJECTIVE: To provide the Board of County Commissioners (BCC) a written summary of the recommendations provided by the Immokalee Community Redevelopment Agency (CRA) Advisory Board at their April 20, 2011 public meeting relating to the Immokalee Area Master Plan (IAMP). CONSIDERATIONS: The BCC heard this amendment petition on April 12, 2011, and unanimously recommended (5- 0) to continue the adoption hearing to May 24, 2011, in order to gain input from the Immokalee Community Redevelopment Agency (CRA) Advisory Board in regard to the following issues: 1. The amount of native preservation standards for lands located within the Lake Trafford/Camp Keais Strand System. 2. The proposed Density and Intensity Blending provisions of the Density Rating System. 3. The proposed Policy 6.1.7 that relates to existing Mobile Homes and Mobile Homes Parks. IMMOKALEE CRA ADVISORY BOARD RECOMMENDATION: As noted, the CRA Advisory Board discussed the three above mentioned issues on April 20, 2011 and recommended to forward Petition CP- 2008 -5 to the Board of Collier County Commissioners (BCC) with a recommendation to adopt and transmit to DCA, subject to following: 1. That the proposed native preservation standards for lands located within the Lake Trafford/Camp Keais Strand System be removed from the IAMP and be included as part of the 2011 GMP amendment cycle to determine the appropriate native vegetation standards as determined by additional data and analysis. 2. That the proposed Density and Intensity Blending provisions of the Density Rating System be included in the LAMP. Pagel of 2 Packet Page -24- 5/24/2011 Item 8.A. That Policy 6.1.7: "Existing Mobile Homes within the Immokalee Urban Area," be removed from the proposed LAMP, as well as all references to this Policy. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A four -fifths vote is required for approval since this is an adoption hearing. - HFAC PREPARED BY: Carolina Valera, Principal Planner Comprehensive Planning Section, Growth Management Division Page 2 of 2 Packet Page -25- COLLIER COUNTY Board of County Commissioners Item Number: 8.A. 5/24/2011 Item 8.A. Item Summary: This item has been continued from the April 12, 2011 BCC meeting. CP- 2008-5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural /Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. (Adoption Hearing). Meeting Date: 5/24/2011 Prepared By Name: KendallMarcia Title: Planner, Senior,Comprehensive Planning 4/29/2011 1:36:00 PM Submitted by Title: Planner, Principal,Comprehensive Planning Name: ValeraCarolina 4/29/2011 1:36:01 PM Approved By Naive: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 5/2/2011 8:27:21 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 5/3/2011 11:01:38 AM Packet Page -26- Name: WeeksDavid Title: Manager - Planning,Comprehensive Planning Date: 5/3/2011 11:06:04 AM Name: PuigJudy Title: Operations Analyst, CDES Date: 5/5/20114:18:27 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/6/20118:31:57 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 5/10/2011 10:13:21 AM Name: AshtonHeidi Title: Section Chief /Land Use - Transportation, County Attor Date: 5/12/20114:48:14 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/13/2011 11:47:45 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/18/2011 8:37:09 AM Name: OchsLeo Title: County Manager Date: 5/18/2011 8:50:38 AM Packet Page -27- 5/24/2011 Item 8.A. 5/24/2011 Item 8.A. ORDINANCE NO. 11- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND INCLUDING THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, AND THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Community Affairs for preliminary review on June 29, 2010 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Community Affairs reviewed the amendments to the Immokalee Area Master Plan Element and Immokalee Area Master Plan Future Land Use Map to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, further amendments resulted in necessary changes to the Future Land Use Element and Future Land Use Map and Map Series, and the Conservation and Coastal Management Element and; IAMP Adoption Amendments 1 of 3 Rev. 2/02/11 words underlined are added; words struck - through are deleted; row of asterisks ( * * *) denotes break in text Packet Page -28- 5/24/2011 Item 8.A. WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the adoption of the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map to the Growth Management Plan on June 23, 2010; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on February 17, 2011 and the Collier County Board of County Commissioners held on ; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, the Conservation and Coastal Management Element and the Future Land Use Element and Future Land Use Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent LAMP Adoption Amendments 2 of 3 Rev. 2/02/11 words underlined are added; words struck - through are deleted; row of asterisks ( * * *) denotes break in text Packet Page -29- 5/24/2011 Item 8.A. to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2011. ATTEST: DWIGHT E. BROCK, Clerk ON , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton- Cicko \� Assistant County Attorney Section Chief, Land Use /Transportation Attachment: Exhibit A - CP\ 11 -CMP- 00790\ I 6 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman TAMP Adoption Amendments Rev. 2/02/11 words underlined are added; words struck - through are deleted; row of asterisks ( * * *) denotes break in teat Packet Page -30- 3 of 3 5/24/2011 Item 8.A. Exhibit A CP- 2008 -5 Conservation and Coastal Management Element: GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measurable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. [page 29] Policy 6.2.5: Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford /Camp Keais Strand System which is contained within the Immoka/ee Urban Designated Area, 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 of this element, the wetland functionality assessment described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element for the Rural Fringe Mixed Use District, and Policy 6.1.2.b. of this element for the Lake Trafford /Camp Keais Strand System, in order to preserve an appropriate amount of native vegetation on site. That portion of the Lake Trafford /Camp Keais Strand System which is contained within the Immokalee Urban Area will be treated as Neutral Lands under Policy 6.1.2.b of this element. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: a. The acreage requirements of Policy 6.1.2 of this element shall be met be preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (2) of this policy. Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a WRAP score greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score of greater than 0.7 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. Words underlined are added; words tFUGk thFaugh are deleted; row of asterisks ( * * *) denotes break in text. 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MV ) Big Cypress Ne99n.1 Forest ® F1-8y Sta dAI ip Aree (FSA) Ara. of C-1 Stale Conomn O Habltet S—Mshq Aree (HSA) S— ardsAip Rang Area (SRA) P ARED 8Y: GIS /CID YAPPING SECTM giGNiN ll U ENT DI—i / PWINING AND KE TM ® Stew ,e-p SeMng Area (SSA) DAIS 9/2010 Fu.. COiAAA50M- 2010.0WG Packet Page -35- 5/24/2011 Item 8.A. EXHIBIT 'A' Packet Page -36- EXHIBIT "A" PETITION CP-2008-5 "== =l- omm Packet Page -37- EXHIBIT 'A' PETITION CP -200&5 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment Agenda Item 49E �v� E7�'' � C7►7�L7`'I.t STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION — PLANNING AND REGULATION, COMPREHENSIVE PLANNING SECTION HEARING DATE: February 3, 2011 RE: PETITION CP- 2008 -5, IMMOKALEE AREA MASTER PLAN GROWTH MANAGEMENT PLAN AMENDMENT (ADOPTION HEARING) Coordinator: Carolina Valera, Principal Planner AGENT /APPLICANT: Agent: Applicant/Owner: Robert Mulhere Immokalee Community Redevelopment Agency (CRA) RWA, Inc. Collier County Government 6610 Willow Park Drive, Suite 200 310 Alachua Street Naples, FL 34109 Immokalee, FL 34142 GEOGRAPHIC LOCATION: The Immokalee urban area is a region of about 30 square miles containing ±17,116 acres of land, and is located in northeast Collier County, approximately 27 miles from the intersection of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Naples to the intersection of South First Street and Main Street in Immokalee. The Immokalee urban area comprises the Immokalee planning community. REQUESTED ACTION: The subject area of this amendment request is designated Urban on the Future Land Use Map (FLUM) of the Immokalee Area Master Plan (TAMP) element of the Growth Management Plan (GMP). This petition seeks to revise and replace in its entirety the existing adopted Immokalee Area Master Plan Element of the GMP, including the existing Implementation Strategy, which encompass the Goals, Objectives, and Policies; the Land Use Designation Description Section, which generally indicate the types of land uses for which zoning may be requested; and the Future Land Use Map (FLUM). Additionally, approximate 103 acres designated Agricultural /Rural and within the Rural Lands Stewardship Area Overlay are proposed to be added to the TAMP and those lands re- designated as Urban. This petition also proposes changes to Policy 6.2.5 of the Conservation and Coastal Management Element (CCME) to add language to address the vegetation retention requirements that would apply to lands within the Lake Trafford /Camp Keais Strand System; and revisions to the Future Land Use Map Series of the Future Land Use Element (FLUE) to reflect the additional 103 acres to the Immokalee Urban area. Packet Page -39- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Area: More than half of the land use type within the Immokalee Urban area is presently agricultural. The remainder is a mixture of residential, commercial and industrial uses. Immokalee is accessed from the south and east by its major roadway, Immokalee Road (CR 846). State Road 29 provides access into the Community from the northern counties of Lee and Hendry and to the southeast areas of Collier County. Draft Future Land Use Map (FLUM) Surrounding Lands: North: Lands designated Agricultural/Rural Mixed Use District, Rural Lands Stewardship Area Overlay (RLSA) on the countywide Future Land Use Map (FLUM). The vast majority of these lands are zoned Rural Agricultural District (A). South: Lands designated Agricultural /Rural Mixed Use District, RLSA on the countywide FLUM. Most of these lands are undeveloped and are zoned Rural Agricultural District (A) . East: Lands designated Agricultural /Rural Mixed Use District, RLSA on the countywide FLUM. Lands to the east are within the Area of Critical State Concern on the countywide FLUM and which are within the Okaloacoochee Habitat Stewardship Area (HSA) and the Okaloacoochee Slough Flowway Stewardship Area (FSA). These lands are undeveloped and most are zoned Rural Agricultural District (A). 2 Packet Page -40- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment West: Lands designated Agricultural /Rural Mixed Use District, RLSA on the countywide FLUM; as well as Lake Trafford and lands within the Camp Keais Strand FSA. Most of these lands are undeveloped. Existing Immokalee Area Master Plan (TAMP) Future Land Use Map (FLUM) CONSIDERATIONS: The proposed Immokalee Area Master Plan (TAMP) intends to implement the Immokalee community's vision, as approved by the Immokalee Area Master Plan and Visioning Committee (IMPVC), by promoting economic development and efficient delivery of services through greater density and intensity that encourage dense, clustered development along major thoroughfares that transition to lower densities; incorporating smart growth principles; and by providing greater development flexibility through mixed -use Subdistricts. The revised Immokalee Future Land Use map provides integrity to the geographic region. In general, the amendment to the [AMP element of the GMP proposes eight new goals, each with respective objectives and policies; followed by the revised .Land Use Designation Description Section which includes and describes the proposed land use designations that will guide patterns of development within the Immokalee urban area and further the proposed goals through standards set forth within such land used designations, and the types of allowed land uses that could be requested. The following are some of the major changes proposed in this petition: Packet Page -41- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment • Re- configuration of the wetland boundary that connects to Lake Trafford/Camp Keais Strand System Overlay. This revision was requested by staff. • Re- designation of the lands within the boundary of the Immokalee Regional Airport from Industrial (ID) to Immokalee Regional Airport Subdistrict (APO). • Addition of *103 acres of land that are proposed to be removed from the Rural Lands Stewardship Area Overlay (RLSA) and be included within the boundary of the Immokalee Regional Airport Subdistrict (APO). • Addition of the "Loop Road," which is proposed to allow access from the Immokalee Regional Airport and Florida Tradeport areas, to SR82 and SR29. • Revisions to the land use designations in the IAMP FLUM include: o An increase in the base density allowed within the mixed use designated areas. However, no change in base density (DU /A — dwelling units per acre) is proposed within the Low, Medium and High Residential and Residential Tourist designated areas. • An increase of about 10 percent in the number of potential dwelling units that could be developed through base density. • Changes in the maximum density allowed within the Low Residential (reduction) and mixed use designated areas (increase). • An 18 percent reduction in the maximum number of potential dwelling units that would be allowed in the IAMP. • An increase of ±201 acres of Recreational Tourist (RT) designated lands. • An increase on the cap of allowed density that can be requested within the Immokalee Urban Area, via density bonus, from a maximum of 16 DU /A to a cap of 20 DU /A. • A five percent reduction of residential designated lands. This change of over *636 acres of residential designated lands are proposed to be re- designated to allow commercial and industrial development, as well as uses that are allowed under the RT designation. • An increase of *80 acres of commercial designated lands. • An increase of ±462 acres of industrial designated lands. This increase includes the re- designation from Industrial (ID) to Immokalee Regional Airport Subdistrict (APO) of 1484.3 acres of land that are part of the Immokalee Regional Airport boundary. • New "Existing Zoning Consistent with IAMP FLUM by Policy 6.1.9" map. TRANSMITTAL HEARINGS: Environmental Advisory Council (EAC) Recommendation: The EAC heard this petition at their January 6, 2010 meeting and unanimously recommended (3 -0) to forward the subject amendment, CP- 2008 -5, Immokalee Area Master Plan, to the BCC with a recommendation to transmit to the Florida Department of Community Affairs (DCA) subject to the following conditions: 4 Packet Page -42- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment 1. Standardize the Lake Trafford Camp Keais Strand System (LTCKSS) Overlay terminology throughout the document. [Staff note: This condition has been addressed in the revised document.] 2. Allow any lands within the LTCKSS to qualify for density and intensity blending. [Staff note: This condition was incorporated into the document per the BCC conditions of approval to transmit to ®CA. Please refer to BCC condition number 3 discussions, under the BCC recommendation on page 7.1 3. Prohibit density increases within the LTCKSS Overlay. [Staff note: This condition has been addressed in the revised document through the exemption of any bonuses to lands within the LT/CKSSO. Additionally, the density and intensity blending provisions that apply to lands within the LT/CKSSO are intended to encourage shifting development from Urban designated lands to lands within the RLSA.J 4. Allow wetlands within the LTCKSS that are restored to high quality wetlands to qualify for density intensity blending. [Staff note: As noted above, this condition has been addressed in the revised document.] 5. Prohibit retroactive LTCKSS development applications. [Staff note: This condition has been addressed in the revised document.] 6. Remove the Greenfield Designation. [Staff note: Greenfield designation has been removed from the document.] 7. Policy 4.1.1 - Postpone the TDR adoption process for a period of 2 years to determine its feasibility and if a Growth Management Plan amendment is required. [Staff note: This condition has been addressed in the revised document. Please note that Policy 4. 1.1 has been re- numbered to Policy 5. 1.1 in the revised TAMP.] 8. Clarify Policies on how lands will be designated for "Conservation." [Staff note: This condition has been addressed in the revised document. Please note that a Conservation designation is not being proposed at this time. However, the revised document includes requirements to evaluate the need of such for the inclusion of a Conservation designation through the Evaluation and Appraisal Report process.] 9. Separate the Mitigation Bank Policy into Public and Private designations. [Staff note: This condition has been addressed in the revised document.] 10. Policy 6.1.7 to read — 'Within two (2) years of adoption of the Policy, Collier County shall amend the Land Development Code to provide for a deviation process from the current native vegetation retention standards set forth in the CCME Policy 6. 1.1 for developments within the Immolcalee Urban Area. This deviation process shall be consistent with provisions set forth in CCME Policy 6.1.1(10).'] [Staff note: This condition has been addressed in the revised document.] 11. Goal 4 — expand language to include listed species for upland and scrub jay habitat within the Immokalee Urban Area [Staff note: This condition was included by the agent for the petitioner, but later revised by the CCPC. However, the revised language is intended to be general and therefore to include listed species, including scrub jay habitat. Please note that Goal 4 has been re- numbered to Goal 5 in the revised TAMP.] 5 Packet Page -43- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment 12. Provide a data analysis on how the Immokalee Sewer and Water District intends to meet the demands of future development. [Staff note: This condition has been addressed in the revised data and analysis.] 13. Policy 4.1.2 line 1 — from "Recognizing the importance of Lake Trafford to potential ecotourism..." To "Recognizing the importance of Lake Trafford and the surrounding wetlands and natural habitat to the ecosystem, economy and ecotourism... "[Staff note: This condition has been addressed in the revised document Please note that: Policy 4.1.2 has been re- numbered to Policy 5. 1.2 in the revised IAMP.] 14. Policy 4.1.2 - line 4 -5 from - "Within 2 years of the adoption of the Policy, the County in conjunction with the Immokalee Community Redevelopment Agency will amend the..." to "Within 2 years of the adoption of this Policy, the County in conjunction with the Immokalee Community Redevelopment Agency and any applicable State or Federal Agencies will amend the ... " [Staff note: This condition has been addressed in the revised document. Please note that Policy 4.1.2 has been re- numbered to Policy 5.1.2 in the revised TAMP.] 15. Policy 4.1.3 line 1 — from "Collier County will continue to cooperate with agencies on remediation efforts at Lake Trafford..." to "Collier County will continue to cooperate with agencies on remediation, restoration and continuing long term management efforts at Lake Trafford...' [Staff note: This condition has been addressed in the revised document. Please note that Policy 4.1.3 has been re- numbered to Policy 5.1.3 in the revised IAMP.] Collier County Planning Commission (CCPC) Recommendation: The Collier County Planning Commission (CCPC) heard this petition on February 16, February 18, March 3, and May 20, 2010, and unanimously recommended (6 -0) to forward the subject petition to the BCC with a recommendation to transmit to DCA, subject to numerous changes throughout the document which the petitioner has made (except where not endorsed by the BCC), and subject to map revisions to identify the proposed ±103 acres expansion of the Immokalee Regional Airport. In addition, the CCPC recommended the addition of language to Policy 6.1.7 to allow Mobile Home use for a specific existing mobile home park located within the Industrial subdistrict. The CCPC requested the removal of language that would allow density and intensity blending for properties which are contiguous to Lake Trafford or Camp Keais Strand which straddle the Immokalee Urban area and the Rural Lands Stewardship Area Overlay (RLSA). The CCPC expressed concern that the proposed TAMP did not include data and analysis that assessed the impact that the shifting of density and intensity could have on the RLSA program. Additionally, a new Goal (Goal 1) was included that would allow the County to prioritize capital projects, programs, studies, and any other commitments within the proposed plan that are necessary to further the Goals, objectives, and Policies in the TAMP; identifies potential alternative funding sources; and allows for the extension of timeframes allocated to fulfill commitments. CJ Packet Page -44- 5/24/2011 Item 8.A. OP- 2008 -5 Immokalee Area Master Plan GMP Amendment Board of County Commissioners (BCC) Action: The BCC heard this petition at their June 23, 2010 meeting and unanimously approved (5 -0) the subject amendment for transmittal to DCA, subject to the following conditions: 1. Deletion of the CCPC's recommended language to Policy 6.1.7. to allow Mobile Home use for a specific existing mobile home park within the Industrial subdistrict. 2. Inclusion (at Adoption) of companion amendments to the Future Land Use Element and Map to reflect the removal of the *103 acres proposed to be added to the Immokalee Regional Airport. 3. Re- inclusion of language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban area and the Rural Lands Stewardship Area Overlay (RLSA). This decision was in response to a request from a public speaker representing a client that owns lands that could potentially benefit from this provision. In addition, the BCC requested the public speaker to provide staff data and analysis that would assess the impact of such provision on the RLSA program with the intention that, during adoption hearings, the EAC and CCPC be able to provide the BCC a recommendation of the merits of such provisions based on the supplied data and analysis. (See attached data and analysis provided by Wilson Miller Stantec Inc.) Staff maintains that the submitted data and analysis does not address the effect that the shifting of density and intensity may have on the acreage caps in the RLSA. EVALUATION AND APPRAISAL REPORT (EAR) CCPC COMMENTS: The wetland boundary that connects to Lake Trafford /Camp Keais Strand System Overlay (LT /CKSSO) was adopted as part of the 2007 GMP amendments based on the 2004 EAR. As part of this change, policies were added to the CCME to increase the native vegetation retention requirements. Subsequent analysis by staff yields a different, more accurate boundary of this wetland. At staff request, the petitioner agreed to include the revised boundary as part of this amendment petition. As part of the EAR hearings, the CCPC commented that the proposed standards contained under the 'Wetlands Connected to Lake Trafford/Camp Keais Strand System Overlay" of the Land Use Designation portion of the plan, references the wetland protection standards set forth in Policy 6.2.5 of the CCME. However, such CCME Policy does not specify the native vegetation retention requirements thresholds and standards that would apply to the Lake Trafford /Camp Keais Strand System. The CCPC requested staff to evaluate what native vegetation retention requirements would be appropriate for said system. One CCPC member stated that perhaps the 90 percent requirement of the RLSA lands would be appropriate. Staff evaluated the request for applying a 90 percent native vegetation retention requirement and which is intended for properties located within the Rural Fringe Mixed Use District (RFMUD) Sending lands. Major differences are the development parameters for these lands (density; intensity; and allowed uses) which are intentionally restricted compared to those that apply to properties within the LTCKSS Overlay. Properties within the LTCKSS are allowed to develop at much higher density and intensity than the Sending lands within the RFMUD. Such a high native vegetation retention requirement is incompatible with the development parameters for properties within the LTCKSS. 7 Packet Page -45- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment The CCME requires properties within the Urban area to retain a minimum of 25 percent of native vegetation. Lands within the LTCKSS are within the Immokalee Urban Area. However, because of the high natural value of these lands, staff is of the opinion that the Urban native vegetation retention requirements would not further the intent of protecting these lands. Staff concludes that a mid -point range of native vegetation retention, such as the requirements for Neutral lands, is the most appropriate for properties within the LTCKSS. Therefore, native vegetation retention of 60 percent (not to exceed 45 percent of the site) is being proposed as the appropriate requirement for properties within the LTCKSS. Amendments to Policy 6.2.5 of the CCME are necessary in order to implement these requirements (see attached Exhibit A text.) DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTION, RECOMMENDATIONS AND COMMENTS (ORC) REPORT: The Objections Recommendations and Comment (ORC) Report is included as part of this amendment packet, as well as a response letter prepared by the petitioner's consultant (RWA) with the assistance and input of County staff. If an Objection set forth in the ORC Report is not adequately addressed when adopted, then the DCA may find the amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC Report in one of four ways at Adoption: 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate if we believe DCA simply does not understand /has misunderstood the amendment] and /or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and /or provide additional data and analysis; or, 4. not adopt the amendment. Most notably within the ORC Report are objections due to DCA's contention that the proposed IAMP does not establish meaningful and predictable guidelines and standards defining the intensity of non - residential use for the different future land use categories. The land use categories within the current ]AMP do not include specific limitations for the development of allowed intensity for the Immokalee Urban Area. Historically, the specifics on the amount and the manner of non - residential development has been coordinated through established limitations specified in the County's Land Development Code (LDC), and which vary depending upon the type of zoning district where development is to occur, as well as the zoning and the types of land use of surrounding properties. In addition, the County's Capital Improvement Element of the GMP coordinates the demand on public facilities (sanitary sewer, solid waste, drainage, potable water, traffic circulation, schools, and parks and recreation) based on projected population growth. In order to satisfy DCA's objections in regard to limitation of intensity within the GMP, County staff compiled and evaluated land use category data in the Immokalee urban area in order to 13 Packet Page -46- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment determine the amount of existing square footage of commercial, industrial, governmental, and institutional development utilizing Collier County's Property Appraiser data, Collier County's Geographic Information System (GIS) data, data from updated Commercial and Industrial inventory. The petitioner then utilized the compiled data to compare the development potential of the proposed IAMP with the County's population projection to prepare the resulting development intensity in five year increments, out to 2025. Based on an analysis of existing conditions and growth projections through the 2025 planning horizon, the revised TAMP proposes a maximum square footage of 8.45 million square feet for non - residential development for the entire Immokalee Urban Area, an increase of 3 million square feet above the existing 5 million square feet of non - residential development. Accordingly, the IAMP has been revised to include maximum square footage for non - residential development through the added Policy 6.1.10; make revisions to the land use description section; and add the data and analysis. The ORC Report also contends that the proposed Policy 6.1.9 would allow zoning in Immokalee to be inconsistent with the GMP for those existing properties that have a zoning designation that permits a higher density or intensity than the maximums allowed within the proposed Plan. The proposed Policy 6.1.9 is derived from FLUE Policy 5.1, is largely verbatim, and is a replacement for FLUE Policy 5.1 to apply to the Immokalee area. Proposed Policy 6.1.9 has been included in the Immokalee Area Master Plan to provide greater clarity. The Collier County GMP was adopted in January 1989. Policy 5.1 originally simply required all rezonings to be consistent with the GMP; there was no allowance in that policy for properties that were zoned inconsistent with the FLUM designation on those properties. Original Policy 5.9 recognized developed properties that were zoned inconsistent with the FLUM designation on those properties but did not provide for rezoning; essentially, it was a vesting policy — those properties could develop in accordance with their existing zoning. Viewed in tandem, these policies provided that properties zoned inconsistent with their FLUM designation could develop per their existing zoning but if were rezoned, could only rezone to a zoning district consistent with their FLUM designation — a down - zoning. For inconsistently zoned properties with a commercial zoning, one incentive was provided for rezoning to a residential zoning district, the Conversion of Commercial Zoning density bonus. Subsequent amendments to Policy 5.1 were adopted to allow these consistent by policy properties to rezone to the same or lower density or intensity. The above clarification in regard to proposed Policy 6.1.9 has been coordinated with DCA staff. In addition, a review of the existing zoning districts in the Immokalee urban area was conducted to determine the impact that the changes of the proposed subdistrict designations would have on the existing properties. The review concludes that a total of 26 parcels would become inconsistent with the proposed TAMP FLUM, or 74.9 acres. However, the Immokalee urban area encompasses an approximate of 17,116 acres of land. Therefore, less than one half of a percent ( <1/2 %) of the Immokalee urban area would become inconsistent with the proposed Plan FLUM designations. The Garden Lake Apartments PUD, adopted by Ordinance 89 -09, and which is a build -out development per Ordinance 10 -88 that comprises 7.40 acres of the 79.9 acres. This development allows 9 units per acre, while the proposed LR subdistrict allows a maximum of 8 units per acre. In addition, two commercially zoned (C -3) properties would become inconsistent with the proposed LR subdistrict. The remaining parcels are zoned Village Residential (VR), a zoning district that allows up to 14 dwelling units per acre; Residential Multi - Family -6 (RMF -6); and a portion (11.12 acres) of the Collier Village PUD, adopted by Ordinance 87 -06, that allows Packet Page -47- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment up to 5.37 dwelling units per acre. All of these remaining properties are within the LT /CKSSO for which density is proposed to be restricted to a maximum of 4 dwelling units per acre with no allowance for density bonuses. Other revisions to the TAMP because of the ORC Report include: the establishment of a maximum of 70 percent of non - residential development within the Commercial -Mixed Use subdistrict; inclusion of the specific uses allowed within the Immokalee Regional Airport subdistrict; clarification that the proposed Central Business District is meant to be a zoning district as opposed to a land use designation; a revised transportation analysis to address short term and long term transportation concerns and needs. The ORC Report notes the need to establish meaningful and predictable guidelines and standards defining the amounts of preservation that would be required to receive the density bonuses and incentives as outlined in Policy 5.1.1 when a development exceeds the minimum amount of preservation already set forth in Policy 6.1.1. of the Conservation and Coastal Management Element (CCME). The revised language proposes that on -site or off -site preservation exceed the minimum applicable amounts set forth in the CCME Policy 6.1.1 by at least ten percent, in order to qualify for incentives. In addition, greater levels of incentives may be provided for greater amounts of preservation through criteria that is to be specified in the Land Development Code (LDC). In addition, the ORC Report comments on the need for meaningful and predictable guidelines and standards defining the best management practices regarding water quality as a result of development adjacent to Lake Trafford and its surrounding wetlands or natural habitat. The revised IAMP specifies that best management practices are to conform to those established by the Florida Department of Environmental Protection (FDEP) and the U.S. Environmental Protection Agency (EPA) in order to address Total Maximum Daily Loads (TMDL) and nutrient loading. Lastly, the ORC Report is concerned with the projected demand for and availability of potable water and sanitary sewer facilities and water supply, based on clear assumptions regarding the combination of residential and non - residential land uses at the adopted level of service standards. The revised Plan includes additional data and analysis in the short term and long term of supply and demand of water and sewer facilities. The analysis also includes demand analysis from maximum potential build -out to account for maximum non - residential build -out potential. Revisions to the TAMP to address the ORC Report include the following • Additional text to Policy 5.1.1 • Additional text to Policy 5.1.2 • A new Policy 6. 1.10 • Additional text to the Urban — Mixed Use District • Additional text to the Urban — Industrial District • Additional text to the Commercial — Mixed Use Subdistrict • Additional text to the Industrial — Immokalee Regional Airport Subdistrict • Additional data and analysis: • Future Land Use and Nonresidential Potential Analysis • Zoning and FLUM inconsistencies • Five and Ten — Year Water and Sewer Availability • Demand Analysis from Maximum Potential Build -Out its] Packet Page -48- CP- 2008 -5 Immokalee Area Master Plan GMP Amendment 5/24/2011 Item 8.A. T k ! A WO u t w � ,: _...... ....E . , ._..vv�t✓� uw Y.— I,w--- __wu .y w n. y v w _w n rvtut earn , r_.v art ..y . _Y v. t.v its tj ADOPTION HEARINGS: Environmental Advisory Council (EAC) Recommendation: The EAC heard this petition at their January 5, 2011 meeting and unanimously recommended (5 -0) to forward the subject amendment, CP- 2008 -5, Immokalee Area Master Plan, to the BCC with a recommendation to transmit to the Florida Department of Community Affairs (DCA) subject to the following conditions: 1. Policy 5.1.2: Lake Trafford Development — inclusion of language at the end of the policy "The Lake Trafford Drainage Basin shall be the geographic area intended for implementation of these BMP" (or similar language). 2. To affirm the BCC decision for inclusion of language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay (RLSA). 11 Packet Page -49- GA Y � pun F A llidll►� t ri- MM[]f -_ I 5/24/2011 Item 8.A. T k ! A WO u t w � ,: _...... ....E . , ._..vv�t✓� uw Y.— I,w--- __wu .y w n. y v w _w n rvtut earn , r_.v art ..y . _Y v. t.v its tj ADOPTION HEARINGS: Environmental Advisory Council (EAC) Recommendation: The EAC heard this petition at their January 5, 2011 meeting and unanimously recommended (5 -0) to forward the subject amendment, CP- 2008 -5, Immokalee Area Master Plan, to the BCC with a recommendation to transmit to the Florida Department of Community Affairs (DCA) subject to the following conditions: 1. Policy 5.1.2: Lake Trafford Development — inclusion of language at the end of the policy "The Lake Trafford Drainage Basin shall be the geographic area intended for implementation of these BMP" (or similar language). 2. To affirm the BCC decision for inclusion of language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay (RLSA). 11 Packet Page -49- 5/24/2011 Item 8.A. CP- 2008 -5 Immokalee Area Master Plan GMP Amendment 3. To support the Staff recommendation of a 60 percent neutral lands native preservation requirement for the CCME (as discussed herein), with the understanding that given the ecological and/or environmental value of the lands affected, the amount of preservation required will be further evaluated and may be increased pending the results of said evaluation. In addition, the EAC recommended the following text changes to Data and Analysis section of the IAMP document: Section 4.7, Listed Species (page 41) — paragraph 2/3: Paragraph 2, line 3 - from "...the majority along the western boundary." to "...the majority along the estem boundary." Paragraph 3, line 1 — from "Other listed species that have been observed within the Immokalee Urban Area are the bald eagle..." to "Other listed species that have been observed within the Immokalee Urban Area including but not limited to, are the bald eagle..." Staff also notes that the EAC recommendation to include language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban area and the RLSA, was based on the assumption that the agent for the property owner that would be affected by this language, would provide the requisite data and analysis. Only minimal data and analysis was received from that property owner's agent and was provided to the EAC; it was considered inadequate by the EAC (and staff). STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP- 2008 -5 to the Board of Collier County Commissioners with a recommendation to adopt and transmit to DCA, subject to the inclusion of the requisite data and analysis that support language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban area and the RLSA. 12 Packet Page -50- CP- 2008 -5 Immokalee Area Master Plan GMP Amendment PREPARED BY: CAROLI A VALERA, PRINCIPAL PLANNER 4ompre ensive Planning Section Land Development Services Department Growth Management Division, Planning & Regulation APPROVED BY: DAVID WEEKS, AICP, GMP MANAGER Comprehensive Planning Section Land Development Services Department Growth Management Division, Planning & Regulation APPROVED BY: MIKE BOSI, AICP, COMPREHENSIVE PLANNING MANAGER Comprehensive Planning Section Land Development Services Department Growth Management Division, Planning & Regulation APPROVED BY: ` ,VELIAM LORENZ, -PE, DIOECTOR Land Development Services Department Growth Management Division, Planning & Regulation APPROVED BY: NiCK-CASALA 6UIDA, DEPUTY ADMINISTRATOR Growth Management Division, Planning & Regulation COLLIER COUNTY PLANNING COMMISSION: MARK STRAIN, CHAIRMAN Packet Page -51- 5/24/2011 Item 8.A. DATE: .2-11-,q DATE: DATE. 2_ `7_. It DATE: 2.. _ c, � -, , Lz:,1( F - DATE: t , ` t 13 5/24/2011 Item 8.A. r� ,,,,,tea STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor MEMORANDUM TO: Collier County Date: September 7, 2010 THOMAS G. PELHAM Secretary Subject: Proposed Comprehensive Plan Amendment Review Objections, Recommendations and Comments Reports Enclosed are the Departments Objection, Recommendations and Comments Reports on the proposed amendments to the comprehensive plan(s) from the following local government(s): Collier County 10 -RAEC 1 These reports are provided for your information and agency files. Following the adoption of the amendments by the local governments and subsequent compliance review to be conducted by this agency, we will forward copies of the Notices of Intent published by each local government plan. If you have any questions, please contact Mr. Ray Eubanks at Suncom 278 -4925 or (850) 488 -4925. RE /lp Enclosure 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399 -2100 850 - 488 -8466 (p) ♦ 850- 921 -0781 (f) ♦ Website: www.dca.state.fl.us • 50 COMMUNITY PLANNING 850- 48&2358 (p) 8488 -3309 (fl • HOUSING AND COMMUNITY DEVELOPMENT 850 -488 -7956 (p) 850- 922 -5623 (I) Packet Page -52- yi 5/24/2011 Item • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor September 3, 2010 The Honorable Fred W. Coyle, Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Chairman Coyle: THOMAS G. PELHAM Secretary The Department has completed its review of the proposed Comprehensive Plan Amendment for Collier County (DCA 10 -RAEC 1), which was received on July 6, 2010. Based on Chapter 163, Florida Statutes, we have prepared the attached report, which outlines our findings concerning the amendment. It is particularly important that the County address the objections set forth in our review report so that these issues can be successfully resolved prior to adoption. We have also included a copy of local, regional and state agency comments for your consideration. Within the next 60 days, the County should act by choosing to adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmittal. The proposed amendment revises the Immokalee Area Master Plan. The Department has identified issues with the amendment regarding: (1) lack of meaningful and predictable guidelines and standards in some of the proposed text language; and (2) the lack of supporting data and analysis demonstrating coordination of land use planning with public facility planning for the proposed revisions to the Future Land Use Map. These and all of the issues identified in the attached report should be addressed before adoption of the plan amendments. 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100 850 -488 -8466 (p) ♦ 850 - 921 -0781 (f) ♦ Website: www.dca.state.fl,us • COMMUNITY PLANNING 850-488-2356 (p) 650.488 -3309 (n • FLORIDA COMMUNITIES TRUST 850. 922 -2207 (p) B50- 921 -1747 (Q • HOUSING AND COMMUNITY DEVELOPMENT 850 - 488-7956 (p) 850-922-5623(f) Packet Page -53- 5/24/2011 Item 8.A. The Honorable Fred W. Coyle, Chairman September 3, 2010 Page 2 If you, or your staff, have any questions or if we may be of further assistance as you formulate your response to this Report, please contact Scott Rogers, Principal Planner, at (850) 922 -1758, or Brenda Winningham, Regional Planning Administrator, at (850) 487 -4545. Sincerely yours, arles Gauthier, AICP Director, Division of Community Planning CG /sr Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Ken Heatherington, Executive Director, Southwest Florida Regional Planning Council Nick Casalanguida, Deputy Administrator, Planning & Regulation, Growth Management Division, Collier County Government Packet Page -54- 5/24/2011 Item 8.A. TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in Section 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.011, Florida Administrative Code (F.A.C.). Within ten working days of the date of adoption, the County must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; • copy of the adoption ordinance; • listing of additional changes not previously reviewed; • listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. . The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Executive Director of the Southwest Florida Regional Planning Council. Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet is attached for your use). Packet Page -55- 5/24/2011 Item 8.A. INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the Collier County proposed comprehensive plan amendment, pursuant to Section 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J- 5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. The objections include a recommendation of approaches that might be taken to address the cited objections. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. The County should address each of these objections when the amendment is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items that the County considers not applicable to its amendment. If that is the case, a statement, justifying its non - applicability, pursuant to Rule 9J- 5.002(2), F.A.C., must be submitted. The Department will make a determination on the non - applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments that follow the objections and recommendations are advisory in nature. Comments will not form the basis of a determination of non - compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies. These comments are advisory to the Department and may not form the basis of Departmental objections unless they appear under the "Objections" heading in this report. Packet Page -56- 5/24/2011 Item 8.A. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR COLLIER COUNTY AMENDMENT 10 -RAEC 1 September 3, 2010 Division of Community Planning Office of Comprehensive Planning This report is prepared pursuant to Rule 91-11.010, F.A.C. Packet Page -57- 5/24/2011 Item 8.A. OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR COLLIER COUNTY AMENDMENT 10 -RAEC1 I. CONSISTENCY_ WITH CHAPTER 163. PART II. F.S.. AND RULE 9J -5. F.A.C. The proposed Amendment 10 -RAEC 1 (CP- 2008 -5) revises the Immokalee Area Master Plan of the Collier County Growth Management Plan. A. Amendment CP- 2008 -5: The proposed amendment revises the goals, objectives, policies, Future Land Use Map (FLUM), data, and analysis of the Immokalee Area Master Plan (IAMP). The Department raises the .following objections to the proposed Amendment 10 -RAEC 1 (CP- 2008-5): 1. Obiection (Plan Policies): The proposed amendment (Land Use Designation Description Section) does not establish meaningful and predictable guidelines and standards defining the intensity of nonresidential use for the following future land use categories: Industrial Subdistrict; Industrial -Mixed Use Subdistrict; Industrial - Immokalee Regional Airport Subdistrict; Commercial -Mixed Use Subdistrict; Recreational/Tourist Subdistrict; Low Residential Subdistrict; Medium Residential Subdistrict; and High Residential Subdistrict. The proposed amendment (Land Use Designation Description Section) does not establish meaningful and predictable guidelines and standards defining the percentage distribution of mix among the mix of residential and nonresidential land uses allowed in the Commercial -Mixed Use Subdistrict and Recreational/Tourist Subdistrict. The proposed amendment (Land Use Designation Description Section) does not establish meaningful and predictable guidelines and standards defining the land uses that are allowed in the "Industrial - Immokalee Regional Airport Subdistrict" because the text for this Subdistrict states "allowable uses include all other uses deemed to be compatible and consistent with the adopted Airport Master Plan, as may be amended." The proposed amendment does not establish meaningful and predictable guidelines and standards defining the type of nonresidential land uses allowed within the Commercial -Mixed Use Subdistrict. Proposed amendment Policy 5. 1.1 allows development to achieve density bonuses and other incentives in the Immokalee Urban Area if development exceeds the minimum required amounts of preservation already set forth in Conservation and Coastal Management Element Policy 6.1.1. Proposed Policy 5. 1.1 does not establish meaningful and predictable guidelines and standards defining the amounts of preservation that would be required to receive the density bonuses or incentives. Packet Page -58- 5/24/2011 Item 8.A. Proposed amendment Policy 5.1.2 states, in part, that proposed development adjacent to Lake Trafford will conform to best management practices regarding water quality in order to avoid or minimize adverse impacts to the lake and its surrounding wetlands or natural habitat. Although the purpose of Policy 5.1.2 is to protect natural resources, Policy 5.1.2 does not establish meaningful and predictable guidelines and standards defining the best management practices in order to guide the content of the Land Development Code. Proposed Policy 6.1.9 states that all rezonings must be consistent with the Comprehensive Plan, but Policy 6.1.9 allows zoning to be inconsistent with the Comprehensive Plan for properties that have zoning in place prior to a change in Land Use Designation where the prior zoning allows for a higher density or intensity than the new Land Use Designation. In addition, proposed Policy 6.1.9(5) states that "Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. Proposed Policy 6.1.9(5) does not establish meaningful and predictable guidelines and standards for the intensity of land use that require the intensity of development to be determined consistent with the intensity standards of the applicable future land use category. Proposed Policy 7.1.5 states, in part, that Collier County will amend the Land Development Code to include a Central Business District in Immokalee, and the Central Business District will encourage high- intensity, multi -story, and pedestrian- oriented commercial and mixed -use development. Proposed Policy 7.1.5 does not establish meaningful and predictable guidelines and standards defining the intensity of development. Rules 9J- 5.005(6); 9J- 5.003(3)(b)4.; 9J- 5.006(3)(c)1., 4., 5., 6., and 7.; 9J- 5.006(4)(c); 9J- 5.011(2)(c)5.; 9J- 5.013(2)(c)3., 6., and 9., Florida Administrative Code (F.A.C.); and Section 163.3177(6)(a), (c), and (d), Florida Statutes (F.S.). Recommendation: Revise the Land Use Designation Description Section to establish meaningful and predictable guidelines and standards defining: (1) the intensity of nonresidential use for the following future land use categories: Industrial Subdistrict; Industrial -Mixed Use Subdistrict; Industrial - Immokalee Regional Airport Subdistrict; Commercial -Mixed Use Subdistrict; Recreational/Tourist Subdistrict; Low Residential Subdistrict; Medium Residential Subdistrict; and High Residential Subdistrict; (2) the percentage distribution of mix among the mix of residential and nonresidential land uses allowed in the Commercial-Mixed Use Subdistrict and Recreational/Tourist Subdistrict; (3) the land uses that are allowed in the "Industrial - Immokalee Regional Airport Subdistrict" because the text for this Subdistrict states "allowable uses include all other uses deemed to be compatible and consistent with the adopted Airport Master Plan, as may be amended. "; and (4) the type of nonresidential land uses allowed within the Commercial -Mixed Use Subdistrict. Revise proposed Policy 5.1.1 to establish meaningful and predictable guidelines and standards defining the amounts of preservation that would be required when exceeding the amounts established in Policy 6.1.1. Revise Policy 5.1.2 to establish meaningful and predictable guidelines and standards defining the best management practices in order to guide the content of the Land Development Code. Revise proposed Policy 6.1.9 to establish meaningful and predictable guidelines and standards that ensure rezonings are consistent with the Comprehensive Plan. Revise proposed Policy 6.1.9(5) to establish Packet Page -59- 5/24/2011 Item 8.A. meaningful and predictable guidelines and standards that require the intensity of development to be determined consistent with the intensity standards of the applicable future land use category. Revise proposed Policy 7.1.5 to establish meaningful and predictable guidelines and standards defining the intensity of development intended by the policy. 2. Objection (FLUM Amendments): Amendment 10 -RAEC1 proposes changes to land use designations on the Future Land Use Map (FLUM). The proposed amendment is not supported by an analysis (short-term five -year, and long -term planning timeframes) of the projected demand for and availability of potable water and sanitary sewer facilities and water supply based on clear assumptions regarding the combination of both residential land uses (at maximum density and population projections) and nonresidential land uses (based on intensity standards established in the IAMP) at the adopted level of service standards. The proposed amendment is not supported by data and analysis addressing the following: (1) the projected impact (short-term five -year, and long -term planning timeframes) of the proposed FLUM amendments upon the adopted level of service standards of roadway facilities, including SR 29 and SR 82, based on clear assumptions regarding residential land uses (at maximum density and population projections), nonresidential land uses (based on intensity standards established in the IAMP), and background growth in trips; (2) identifying road improvements that are needed to maintain the adopted level of service standards; (3) demonstrating that any road improvements that are needed to maintain the adopted level of service standards are depicted on the Future Transportation Map (or map series) of the adopted portion of the Collier County Comprehensive Plan and included in the Capital Improvements Element Five -year Schedule of Capital Improvements; and (4) addressing coordination of any needed improvements with the plans and programs of the Florida Department of Transportation and the Metropolitan Planning Organization's Long Range Transportation Plan and Transportation Improvement Program. The amendment does not coordinate the road improvements that are needed to maintain the adopted roadway level of service standards with the Future Transportation Map (by depicting such road improvements on the Map) and Capital Improvement Element (by including the road improvements that are needed in the 5 years within the Five -year Schedule, and by including the road improvements that are needed in the long -term in a policy in the Capital Improvement Element). Rules 9J- 5.005(2)(a), (5), and (6); 9J- 5.006(2)(a), and (3)(b) L; 9J -5.01 I (1)(a), (c), (d), (e), and (f); 9J- 5.011(2)(b)2., and (2)(c)1.; 9J -5.013 (1)(c), (2)(b)2., and (2)(c) l .; 9J- 5.016(1)(a), (2)(e), (3)(b) L, and (3)(b)3., and (4)(a) and (b); 9J- 5.019(2), (3), (4), and (5)(b)2, F.A.C.; and Sections 163.3177(6)(a), (6)(b), (6)(c), (6)(d), and (6)0); and 163.3177(2), (3), (4), (8), and (I 0)(e), F. S. Recommendation: Support the amendment with data and analysis demonstrating the availability of potable water and sanitary sewer facilities and adequate water supply to serve the projected demands for the short-term and long -term planning timeframes. Support the amendment with a transportation analysis based on the maximum development potential of the land use changes (and growth in background trips) that addresses the transportation facilities that are needed to achieve and maintain the adopted level of service standards of roads and demonstrates coordination of any needed transportation facility improvements with the Packet Page -60- 5/24/2011 Item 8.A. Transportation Element, Capital Improvements Element, plans and programs of the Florida Department of Transportation, and the Metropolitan Planning Organization Long Range Transportation Plan and Transportation Improvement Program. Revise the amendment, Future Transportation Map, and Capital Improvement Element (Five -year Schedule of Capital Improvements, and policies if needed) to be supported by and consistent with the data and analysis. If public facilities or road improvements are needed to address deficiencies in the short-term (five -year) planning timeframe, the improvements should be included in the Capital Improvement Element Five -year Schedule of Capital Improvements. If public facilities are projected to be deficient in the long -term planning timeframe, the County should maintain in the adopted portion of the Capital Improvement Element a list of the improvements that are projected to be needed in the planning timeframe but beyond the five years covered by the adopted Capital Improvements Schedule. This list need not include any cost estimates for the improvements. The County must use this list when it adopts the mandatory annual update of the Capital Improvements Schedule. Improvements needed to achieve and maintain adopted level of service standards within the next five years should be moved from the list into the financially feasible five -year schedule, along with a cost estimate. Revise the amendment if necessary, to be supported by and consistent with the data and analysis. II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN Objection: The proposed Comprehensive Plan amendments related to the objections raised above are not consistent with and do not further the following provisions of the State Comprehensive Plan (Chapter 187, Florida Statutes) for the reasons noted in the objections raised above in Section I: (a) Goal 7.a (Water Resources); Policy 7.b.5; (the amendment related to Objection 2); (b) Goal 15.a (Land Use); Policies 15.b.1, 15.b.3, and 15.b.6; (the amendments related to Objections 1 and 2); (c) Goal 17.a (Public Facilities); Policy 17.b.7; (the amendments related to Objection 2); (d) Goal 19.a (Transportation); Policies 19.b.3, 19.b.9, and 19.b.13; (the amendments related to Objection 2); and (e) Goal 25.a (Plan Implementation); Policy 25..b.7; (the amendments related to Objections 1 and 2). Recommendation: Revise the plan amendments as recommended for the objections raised above. Packet Page -61- "Massey, Lawrence" kAA < Lawrence .Massey@dot.stat e.fl.us> 08120/2010 04:10 PM Dear Ray, 5/24/2011 Item 8.A. To "' DCPextemalagencycomments @dca.state.fl.us" <DCPexternalagencycomments @dca.state.fl. us> cc "'scott.rogers @dca.state.fl.us` <scott.rogers @dca.state.fl.us >, "Limbaugh, Johnny" bcc < Johnny .Limbaugh @dot.state.fl.us >, "Cahill, Maria" Subject Collier County 10RAEC1 Proposed Comprehensive Plan Amendments - Revised FDOT Comments Thank you for giving FDOT the opportunity to review and comment on the above referenced proposed comprehensive plan amendment. We determined that there were formatting mistakes on the comments previously submitted on August 09, 2010. These mistakes have been corrected and FDOT Comment #10 has been revised in the attached letter. Please replace the department's previously submitted letter of comments with the attached. If you or your staff have any questions or would like to discuss the department's concerns, please let me know. Respectfully, Lawrence Massey Growth Management Coordinator Florida Department of Transportation District One, Southwest Area Urban Office at the Southwest Interagency Facility for Transportation 10041 Daniels Parkway Fort Myers, FL 33913 (239) 461 -4300 Fax: (239) 338-2353 Itt 082010 Colter County_1DRAI Proposed CPA FDOT—Comments revised.pdf Packet Page -62- 5/24/2011 Item 8.A. Florida Department of Transportation C:HARL.IEC:RIST 10041 Daniels Parkway STEPHANIEC. KOPELOUSOS (.OVF,RNOR Fort Myers, FL 33913 SECRETARY August 20, 2010 Mr. Ray Eubanks Plan Review and Processing Administrator Department of Community Affairs (DCA) Division of Community Planning 2555 Shumard Oaks Blvd. Tallahassee, FL 32399 RE: Collier County 10RAEC1 Proposed Comprehensive Plan Amendments — FDOT Comments Dear Mr. Eubanks: The Florida Department of Transportation, District 1, has reviewed the proposed version of the Collier County 1 ORAEC 1 comprehensive plan amendments. This letter offers continents on the proposed amendments. OVERALL AMENDMENT The proposed amendments reflect an effectively rewritten Immokalee Area Master Plan (IAMP). The LAMP area is within a Rural Area of Critical Economic Concern (RACEC) and, therefore, has plan elements focused on community development and economic growth. In general, the proposed amendments include features that focus land use patterns to promote density and allow for increased opportunities for multimodal travel. However, while the submittal includes extensive documentation and explanation of the changes to the goals, policies, and objectives, the transportation analysis was insufficient to determine the extent of the impact that these changes may have on the roadway system, both internal and external to the IAMP area. FDOT's detailed comments and recommendations on the amendments that may potentially impact state roadway planning and operations can be found in the following sections. The revised IAMP includes eight new goals and corresponding policies and objectives. Therefore, the department's comments are organized based upon each of the eight new goals contained in the proposed LAMP. GOAL The purpose of Goal 1 is to identify the priorities of the IAMP related to annual capital improvements. The department has no comments on Goal 1 or the corresponding objectives and policies. GOAL 2 The purpose of Goal 2 is to enhance and diversify the local economy. There are five objectives: (1) To actively pursue, attract, and retain businesses; (2) To create a business climate that will enhance and diversify the economy and increase employment opportunities and quality of life; (3) To promote and expand tourism, recreation, and entertainment within the economy; (4) To enhance and expand educational and cultural facilities and opportunities; Packet Page -63- 5/24/2011 Item 8.A. Mr. Ray Eubanks Collier County 10RAEC1 Proposed Comprehensive Plan Amendments — FDOT Comments August 20, 2010 Page 2 of 7 (5) To promote and support development and re- development initiatives. The department has the following comments pertaining to the objectives and corresponding policies of Goal 2: FDOT Comment #1 Policy 2.1.3 discusses the use of wetland or habitat conservation banking to compensate for development within the Immokalee Urban Area. This policy identifies that incentives and regulatory requirements shall be included in the land development code (LDC) to direct mitigation to the targeted lands. Please elaborate on what incentives will be included in the LDC (such as transfer of development rights). FDOT Comment #2 Policy 2.2.3 directs Collier County to amend the LDC to create more flexibility for home -based businesses in the Immokalee Urban Area. While the LDC currently says that home -based businesses cannot create additional trips above the normal residential use, guidance should be provided in the comprehensive plan regarding allowed uses and limitations to ensure that the potential impacts of home -based businesses are predictable and are adequately accommodated by public infrastructure. FDOT Comment #3 Policy 2.3.3 states that Collier County will continue efforts to work with the Seminole Tribe to integrate future plans for a casino and address impacts of the casino, resort hotel, and other resort structures in the community. Policy 2.3.4 goes on to state that the county will encourage development of an entertainment area (outside Seminole lands) that is complementary to the casino and resort. Development of these uses is likely to have a significant impact on state Strategic Intermodal System (SIS) roadways in the area, and no documentation of the transportation impacts associated with these changes is provided in the submittal. The department recommends the following: a. Development of the casino and resort on tribal lands should be coordinated with the county and FDOT to ensure that state roadways in the area will meet adopted transportation Level of Service (LOS) standards. b. Planning related to the casino, resort, and surrounding entertainment uses should reflect land use and transportation strategies that reduce greenhouse gas emissions per HB 697. For example, the casino, resort, and surrounding entertainment uses should be designed with a high level of internal connectivity and walkability. GOAL3 The purpose of Goal 3 is to provide diverse safe and sanitary housing for all residents of the Immokalee Urban Area. The department has no comments on Goal 3 or the corresponding objectives and policies. GOAL The purpose of Goal 4 is to provide adequate and efficient public infrastructure and facilities. Four objectives are proposed: (1) Provide a comprehensive system of parks and recreational facilities; (2) Provide a network of roads, sidewalks, and bike paths to support growth and provide for the safe and convenient movement of pedestrians, motorized, and non - motorized vehicles; (3) To improve stormwater management and surface drainage; (4) To provide an efficient and economical solid waste management system. The following is a summary of transportation- related policies of Goal 4: • Policy 4.2.1 discusses priorities for pathways connecting residential and employment areas as well as schools, libraries, and other services. The Collier County 5 -year pathway plan will depict existing and planned connections and priorities based upon community input. • Policy 4.2.2 discusses long -range transportation improvements. The policy states that Collier County will explore the possibility of accelerating the implementation of the MPO's Long Range Packet Page -64- 5/24/2011 Item 8.A. Mr. Ray Eubanks Collier County l ORAEC 1 Proposed Comprehensive Plan Amendments — FDOT Comments August 20, 2010 Page 3 of 7 Transportation Plan (LRTP) to support the stimulation of economic development. The policy specifically identifies support for accelerating; (1) the widening of S.R. 82 between I -75 and S.R. 29; (2) the construction of the S.R. 29 bypass; (3) FDOT improvements to state roadways; (4) the construction of new or expanded transportation corridors to Naples and coastal Collier County; (5) the construction of new collector roads. • Policy 4.2.3 discusses coordination between Collier County, FDOT, and landowners to identify preferred routes to connect the airport to the future S.R. 29 bypass. • Policy 4.2.4 discusses plans for safety improvements including pedestrian and bicycle improvements identified as part of a walkability study. • Policies 4.2.5 and 4.2.6 discuss consideration for expansion of public transit routes and encouragement of additional transit services such as bike - and -ride and medical transport. • Policy 4.2.7 discusses transportation concurrency alternatives for S.R. 29. The policy states that alternative methods shall be identified within two years to remove barriers to economic development. Consideration for establishment of a Transportation Concurrency Exception Area (TCEA) or Transportation Concurrency Management Area (TCMA) is identified. The policy also; (1) identifies limitations on exceptions to concurrency for certain locations (e.g., the airport and the central business district corridor); (2) identifies a need for case -by -case evaluation of certain project types (e.g., transit - oriented developments and job creation projects); (3) requires ongoing reviews of the exception process. The department has the following comments pertaining to the objectives and corresponding policies of Goal 4: FDOT Comment #4 The department acknowledges that Policy 4.2.2 is a statement that the county will encourage the acceleration of projects, but it is unclear whether these projects are needed to support the land use pattern and densities and intensities shown on the proposed Future Land Use Map (FLUM). Further, per the county's Transportation Improvement Program (TIP), there are currently no capacity improvements to S.R. 82 and S.R. 29 funded for construction (including the bypass referenced in Policy 4.2.3, which is currently in the PD&E phase). The department also notes that the county and the Immokalee community can play a significant role in furthering planned projects through mechanisms such as impact fees and developer contributions. FDOT Comment #5 Regarding Policy 4.2.7, the department recommends that a TCEA or TCMA should be evaluated at least with each Evaluation & Appraisal Report (EAR). Therefore, it will be important for any proposed TCEA or TCMA to include performance measures, targets, and timelines so that the successes and any shortcomings of the TCEA or TCMA can be assessed. GOAL The purpose of Goal 5 is to protect important natural resources (including Lake Trafford) through development standards and policies. Policy 5. 1.1 discusses incentive programs and innovative land development regulations to preserve native vegetation. Identified incentives include transfer of development rights, density bonuses, development clustering, and flexible development standards within specified zoning areas. The department has the following comment pertaining to the objectives and corresponding policies of Goal 5: Packet Page -65- 5/24/2011 Item 8.A. Mr. Ray Eubanks Collier County l ORAECI Proposed Comprehensive Plan Amendments — FDOT Comments August 20, 2010 Page 4 of 7 FDOT Comment #6 Additional information is needed on the proposed transfer of developments rights program and the density bonuses. In particular, upper limits on the amount of density that can be transferred and the density bonuses should be identified to allow for quantification of potential transportation impacts and to provide guidance for land development regulations. GOAL 6 The purpose of Goal 6 is to allow and encourage a mixture of land uses that are appropriate for Immokalee. Objectives and policies address mobile homes, zoning, compact development, and agricultural activities. Substantial revisions to the future land use designations are proposed. The department has no comments on Goal 6 or the corresponding objectives and policies. (Comments on the revisions to future land use designations are provided later in this review.) GOAL 7 Goal 7 is intended to establish development design standards that are appropriate for Immokalee. This includes establishing Immokalee- specific land development code regulations related to allowed land uses, densities and intensities, landscaping, and signage, as well as promoting bicycling and walking through the land use pattern and pedestrian amenities. The department has no comments on Goal 7 or the corresponding objectives and policies. GOAL 8 The purpose of Goal 8 is the coordination of information between other governmental agencies. This includes coordination regarding economic development initiatives, redevelopment implementation, and government services. The department has no comments on Goal 8 or the corresponding objectives and policies. FUTURE LAND USE DESIGNATIONS This section provides descriptions of the LAMP future land use designations, including revisions to current designations and introduction of new designations. The following table lists the adopted and proposed future land use designations. Revisions to the future land use designations include the following: Packet Page -66- Adopted Future Land Use Designations Proposed Future Land Use Designations Urban -Mixed Use District Urban -Mixed Use District LR Low Residential LR Low Residential MR Mixed Residential MR Medium Residential HR High Residential HR High Residential NC Neighborhood Center CMU Commercial -Mixed Use CC -MU Commerce Center - Mixed -Use RT Recreational/Tourist PUD Planned Unit Development Commercial RT Recreational Tourist Urban - Commercial District C Commercial -S.R. 29 and Jefferson Ave. Urban - industrial District Urban - Industrial District ID Industrial ID Industrial CC -1 Commerce Center - Industrial IMU industrial Mixed Use BP Business Park APO Immokalee Regional Airport Revisions to the future land use designations include the following: Packet Page -66- 5/24/2011 Item 8.A. Mr. Ray Eubanks Collier County I ORAECI Proposed Comprehensive Plan Amendments — FDOT Comments August 20, 2010 Page 5 of 7 • Deleted future land use designations are Neighborhood Center, Commercial -S.R. 29 and Jefferson Avenue, Commerce Center - Industrial, and Business Park. Some of these designations are reflected in the new designations and revised designations. • The residential future land use descriptions are proposed to have only minor changes, such as Mixed Residential being renamed Medium Residential. The largest change is the addition of a maximum density that is inclusive of all density bonuses. Density bonuses were allowed in the adopted version of comprehensive plan but the various bonuses were not tallied and stated for each future land use designation. For some future land use designations, these new thresholds actually result in a decrease in maximum trip generation potential. For instance, under Low Residential, the proposed text allows 4 units /acre as the base density and 8 units/acre if bonuses are used, whereas the adopted text allows 4 units/acre as the base density and up to 12 units/acre if bonuses are used. • Low Residential, Medium Residential, and High Residential allow new commercial development, if developed as a Planned Unit Development (PUD). A table specifies the maximum amount of commercial development and the minimum residential density allowed for different PUD sizes. A similar table was previously provided under the adopted PUD Commercial future land use designation. • For Commercial -Mixed Use, the proposed future land use designation allows a maximum density of 20 units per acre with bonuses, whereas under the adopted future land use designation, a density bonus of up to 8 additional dwelling units makes it possible to achieve up to 20 dwelling units per acre. The proposed and adopted future land use designations are therefore consistent. • For Commercial -Mixed Use, no maximum intensity for nonresidential uses and no land use mix guidance are provided. • For Recreational/Tourist, the base residential densities stay the same at 4 dwelling units per acre; however, transient lodging densities are proposed to increase from 10 to 26 units per acre. • Certain Low Residential lands are proposed to be eligible for density blending. • For Industrial, no maximum intensity for nonresidential uses and no land use mix guidance are provided. • Industrial -Mixed Use is a new future land use designation. Allowed uses are described, but no maximum intensity for nonresidential uses is provided. Commercial uses cannot exceed 30% of total site acreage. • Industrial - Immokalee Regional Airport is a new future land use designation, which allows "all uses permitted in the Industrial sub - district" as well as "all other uses deemed to be compatible and consistent with the adopted Airport Master Plan ". No maximum intensity for nonresidential uses and no land use mix guidance are provided. • The Lake Trafford/Camp Keais Strand System Overlay is proposed. The Seminole Reservation Overlay is proposed. The Urban Infill and Redevelopment Area boundary is proposed. The densities of underlying future land use designations are applicable, although lands with the overlay are not eligible for density bonuses. The data and analysis section of the comprehensive plan includes an assessment of the revisions to the future land use designations. Highlights of the data and analysis are as follows: • The proposed FLUM differs significantly from the adopted FLUM due to the revisions to the future land use designation and an effort to focus density along major roadways (i.e., S.R. 29). • Tables 5 -2 and 5 -3 show acreages for the proposed and adopted future land use designations. Tables 54 and 5 -5 group the future land use designations into categories and provide acreages for the proposed and adopted scenarios. Acreages for the various Future Land Use designations vary widely between the adopted and proposed FLUM. As shown in Table 5-4 and 5 -5 of the data and analysis, the residential designations have been reduced by about 636 acres ( -5 %), with a corresponding increase in industrial uses ( +462 acres, --17 %) and smaller increases in commercial ( +80 acres, --8 %) and tourist ( +201 acres, —80 %) acreages. The proposed FLUM includes approximately 100.6 acres of land added to the Immokalee Urban Area as part of an expansion of the airport. Packet Page -67- 5/24/2011 Item 8.A. Mr. Ray Eubanks Collier County IORAECI Proposed Comprehensive Plan Amendments — FDOT Comments August 20, 2010 Page 6 of 7 • Tables 5 -7 and 5 -8 show the potential change in residential units in the IAMP considering the base densities for the adopted and proposed future land use designations. These tables indicate an increase of 6,731 potential residential units (-10 %). Tables 5 -9 and 5 -10 also show the potential change in residential units in the IAMP, but with consideration of density bonuses. In Tables 5 -9 and 5 -10, the proposed future land use designations result in a decrease of 30,853 dwelling units ( -18 %). • With regard to public facilities (including transportation), the data and analysis performed for the IAMP states that the proposed LAMP amendments "reflect an ideological change in how growth should occur in the Immokalee Urban Area" and "will not have an impact on the demand for public facilities ". • The transportation data and analysis states that all state roads in Immokalee meet adopted LOS standards under existing conditions. This is consistent with the department's planning -level data. • Table 6 -9 identifies bicycle and pedestrian project priorities. • Section 7 of the data and analysis discusses HB 697 and identifies proposed goals, objectives, and policies that comply with HB 697. The identified goals, objectives, and policies address: (1) reductions in vehicle -miles traveled (VMT) through diversification of the community's economy (i.e., shorter trips), expanded public transit, encouragement of compact development, and consideration of a TCEA; (2) promotion of non -auto modes through the Bicycle and Pedestrian Plan and expanded public transit; (3) compact, energy - efficient, mixed -use development; (4) provision of higher - density development. • Attachment A to the data and analysis is a statement of how the submitted data and analysis complies with the Chapter 163, F. S., and Rules 9J -5 and 9J -11, F.A.C. Transportation LOS in the near and long term is not evaluated. The department has the following comments pertaining to the revisions to the future land use designations and the data and analysis: FDOT Comment #7 Maximum intensities (such as floor area ratios) are not stated for future land use designations that allow non - residential development. Some future land use designations that allow a mix of uses do not provide guidance on the allowed land use mix (e.g., maximum percentage of residential allowed). 9J- 5.005(6), F.A.C., requires "meaningful and predictable standards for the use and development of land". Please provide specific guidance about allowed land uses, densities, and intensities per 9J- 5.005(6), F.A.C. FDOT Comment #8 Regarding the proposed description of the Industrial - Immokalee Regional Airport future land use designation, allowing "all other uses deemed to be compatible and consistent with the adopted Airport Master Plan" is not a meaningful and predictable standard for development under the future land use designation. Please provide specific guidance about allowed land uses, densities, and intensities per 9J- 5.005(6), F.A.C. FDOT Comment #9 The data and analysis focuses on changes in residential units (density) and does not address changes in non - residential square footage (intensity). The latter may have a significant impact on roadways. The assessment of the changes to the future land use designations must therefore be revised to account for changes in non - residential square footage. At minimum, please provide a table analogous to Tables 5 -7 and 5 -8 to enable an assessment of changes in non - residential development potential. FDOT Comment #10 Near -term and long -term analyses of impacts to public facilities are required to support comprehensive plan amendments per 9J- 5.005(4), F.A.C., which states, "Each local government comprehensive plan shall include at leasl two planning periods: one for at least the first five year period subsequent to the plan's adoption and one for at least an overall ten-year period." Please provide near- and long -term analyses of the impacts of the revised future land use designations on the segments of S.R. 29 (Emerging SIS) in the community and on S.R. 82 (Emerging SIS) just north of the community. Packet Page -68- 5/24/2011 Item 8.A. Mr. Ray Eubanks Collier County 10RAEC 1 Proposed Comprehensive Plan Amendments — FDOT Comments August 20, 2010 Page 7 of 7 If the segments are shown not to meet the adopted LOS standard in the near term with programmed capacity improvements in place, mitigation projects should be identified and added to the county's five -year schedule of capital improvements. If the segments are shown not to meet the adopted LOS standard in the long term, mitigation projects and/or detailed mitigation strategies should be identified, added to the Transportation Element and Capital Improvements Element, and coordinated with the LRTP. The department's planning -level data indicates that the section of S.R. 29 from downtown Immokalee at Heritage Blvd. to S.R. 82 does not currently meet the adopted LOS standard. Additionally, multiple segments of S.R. 29 and S.R. 82 that are likely within the impact area of the proposed amendment are projected to not meet the adopted LOS standard in the near and/or long term as shown in the following table: S.R. 29 Ref. Source: 2009 FDOT Quality /Level of Service Traffic Count Data and the FDOT Districtwide Financially Feasible Model If you have any questions or need additional information, please contact me at (239) 461 -4300 or lawrence.massey@dot.state.fl.us. LLM/llmAa Sincerely, ' Lawrence Massey District I Growth Management Coordinator Packet Page -69- Exist. Exist. FDOT Daily Exist. Exist. 2030 2030 2030 From To Thru Daily LOS Service Daily % of Thru Model Model Lanes Vol. Std, Vol. LOS LOS Lanes Daily Daily Vol. LOS New Harvest C.R. 846 2 7200 C 15855 B 45.4% 2 14130 C Rd L.R. 846 C.R. 846 (V' St 4 7200 C 36915 B 19.5% 4 19878 B New Harvest C.R. 846 (1st St 4 7200 C 36915 B 19.5% 4 17036 B Rd. C.R. 846 (1- Stj 9th St. 4 11900 C 36915 B 32.2% 4 24651 B 9th St. Immokalee Dr. 2 11900 C 17026 C 69.9% 2 18953 F C.R. 846 (1st St ) Immokalee Dr. 2 11900 C 17026 C 69.9% 2 21039 F Immokalee Dr. C.R. 890 (Lake 2 14100 C 17026 C 82.8% 2 18412 F Trafford) C.R. 890 (Lake C.R. 29A 2 10900 C 15855 C 68.7% 2 18620 D Trafford) C.R. 29A Heritage Blvd. 2 14629 C 15855 C 92.3% 2 18124 D Immokalee Dr. Heritage Blvd. 2 12335 C 17026 C 72.5% 2 18524 F Heritage Blvd. I S.R. 82 2 14629 C 14200 D 103% 2 29741 F Ref. Source: 2009 FDOT Quality /Level of Service Traffic Count Data and the FDOT Districtwide Financially Feasible Model If you have any questions or need additional information, please contact me at (239) 461 -4300 or lawrence.massey@dot.state.fl.us. LLM/llmAa Sincerely, ' Lawrence Massey District I Growth Management Coordinator Packet Page -69- "Massey, Lawrence" <Lawrence.Massey @dot.stat e.fl.us> 08/0912010 04:21 PM Dear Ray, ` 5/24!2011 Item 8.A. To "' DCPexternalagencycomments @dca.state.fl.us'" <DC Pexternalagencycomments @dca.state.fl. us> cc "'scott.rogers @dca.state.fl.us'" <scott.rogers @dca.state.fl.us >, "Limbaugh, Johnny" bcc < Johnny .Limbaugh @dot.state.fl.us >, "Cahill, Maria" Subject Collier County 10RAEC1 Proposed Comprehensive Plan Amendments - FDOT Comments Thank you for giving FDOT the opportunity to review and comment on the above referenced proposed comprehensive plan amendment. Please find our comments attached. If you or your staff have any questions or would like to discuss the department's concerns, please let me know. Respectfully, Lawrence Massey Growth Management Coordinator Florida Department of Transportation District One, Southwest Area Urban Office at the Southwest Interagency Facility for Transportation 10041 Daniels Parkway Fort Myers, FL 33913 (239) 461-4300 Fax: (239) 33$-2353 t� 080910 Collier County_108AEC1 Proposed CPA FDOT_Comments.pdf Packet Page -70- .m Florida Department of Transportation CHARLIE CRIST GOVERNOR Mr. Ray Eubanks Plan Review and Processing Administrator Department of Community Affairs (DCA) Division of Community Planning 2555 Shumard Oaks Blvd. Tallahassee, FL 32399 10041 Daniels Parkway Fort Myers, FL 33913 August 9, 2010 5/24/2011 Item 8.A. STEPHANIE C. KOPELOUSOS SECRETARY RE: Collier County 10RAEC1 Proposed Comprehensive Plan Amendments — FDOT Comments Dear Mr. Eubanks: The Florida Department of Transportation, District 1, has reviewed the proposed version of the Collier County 1 ORAEC 1 comprehensive plan amendments. This letter offers comments on the proposed amendments. OVERALL AMENDMENT The proposed amendments reflect an effectively rewritten Immokalee Area Master Plan (IAMP). The IAMP area is within a Rural Area of Critical Economic Concern (RACEC) and, therefore, has plan elements focused on community development and economic growth. In general, the proposed amendments include features that focus land use patterns to promote density and allow for increased opportunities for multimodal travel. However, while the submittal includes extensive documentation and explanation of the changes to the goals, policies, and objectives, the transportation analysis was insufficient to determine the extent of the impact that these changes may have on the roadway system, both internal and external to the LAMP area. FDOT's detailed comments and recommendations on the amendments that may potentially impact state roadway planning and operations can be found in the following sections. The revised IAMP includes eight new goals and corresponding policies and objectives. Therefore, the department's comments are organized based upon each of the eight new goals contained in the proposed LAMP. GOAL The purpose of Goal 1 is to identify the priorities of the LAMP related to annual capital improvements. The department has no comments on Goal 1 or the corresponding objectives and policies. GOAL 2 The purpose of Goal 2 is to enhance and diversify the local economy. There are five objectives: (1) To actively pursue, attract, and retain businesses; (2) To create a business climate that will enhance and diversify the economy and increase employment opportunities and quality of life; (3) To promote and expand tourism, recreation, and entertainment within the economy; (4) To enhance and expand educational and cultural facilities and opportunities; Packet Page -71- 5/24/2011 Item 8.A. i� Florida Gulf Coast Technology and Research Park DRI - FDOT 5`s Sufficiency Review Comments _ August 6, 2010 Page 2 of 7 (5) To promote and support development and re- development initiatives. The department has the following comments pertaining to the objectives and corresponding policies of Goal 2: FDOT Comment V Policy 2.1.3 discusses the use of wetland or habitat conservation banking to compensate for development within the lmmokalee Urban Area. This policy identifies that incentives and regulatory requirements shall be included in the land development code (LDC) to direct mitigation to the targeted lands. Please elaborate on what incentives will be included in the LDC (such as transfer of development rights). FDOT Comment #2 Policy 2.2.3 directs Collier County to amend the LDC to create more flexibility for home - based businesses in the Immokalee Urban Area. While the LDC currently says that home -based businesses cannot create additional trips above the normal residential use, guidance should be provided in the comprehensive plan regarding allowed uses and limitations to ensure that the potential impacts of home -based businesses are predictable and are adequately accommodated by public infrastructure. FDOT Comment #3 Policy 2.3.3 states that Collier County will continue efforts to work with the Seminole Tribe to integrate future plans for a casino and address impacts of the casino, resort hotel, and other resort structures in the community. Policy 2.3.4 goes on to state that the county will encourage development of an entertainment area (outside Seminole lands) that is complementary to the casino and resort. Developmcnt of these uses is likely to have a significant impact on state Strategic Intermodal System (SIS) roadways in the area, and no documentation of the transportation impacts associated with these changes is provided in the submittal. The department recommends the following: a. Development of the casino and resort on tribal lands should be coordinated with the county and FDOT to ensure that state roadways in the area will meet adopted transportation Level of Service (LOS) standards. b. Planning related to the casino, resort, and surrounding entertainment uses should reflect land use and transportation strategics that reduce greenhouse gas emissions per HB 697. For example, the casino, resort, and surrounding entertainment uses should be designed with a high level of internal conncctivity and walkability. GOAL The purpose of Goal 3 is to provide diverse safe and sanitary housing for all residents of the Immokalee Urban Area. The department has no comments on Goal 3 or the corresponding objectives and policies. GOAL The purpose of Goal 4 is to provide adequate and efficient public infrastructure and facilities. Four objectives are proposed: (1) Provide a comprehensive system of parks and recreational facilities; (2) Provide a network of roads, sidewalks, and bike paths to support growth and provide for the safe and convenient movement of pedestrians, motorized, and non - motorized vehicles; (3) To improve stormwater management and surface drainage; (4) To provide an efficient and economical solid v-aste management system. The following is a summary of transportation- related policies of Goal 4: • Policy 4.2.1 discusses priorities for pathways connecting residential and employment areas as well as schools, libraries, and other services. The Collier County 5 -year pathway plan will depict existing and planned connections and priorities based upon community input. • Policy 4.2.2 discusses long -range transportation improvements. The policy states that Collier County will explore the possibility of accelerating the implementation of tlf,: MPO's Long Range Packet Page -72- i . 5/24/2011 Item 8.A. Mr. -Dan Trescott - - - -• ____ . —._ Florida Gulf Coast Technology and Research Park DRI -FDOT 5t' Sufficiency Review Comments August 6, 2010 Page 3 of 7 Transportation Plan (LRTP) to support the stimulation of economic development. The policy specifically identifies support for accelerating; (1) the widening of S.R. 82 between I -75 and S.R. 29; (2) the construction of the S.R. 29 bypass; (3) FDOT improvements to state roadways; (4) the construction of new or expanded transportation corridors to Naples and coastal Collier County; (5) the construction of new collector roads. • Policy 4.2.3 discusses coordination between Collier County, FDOT, and landowners to identify . preferred routes to connect the airport to the future S.R. 29 bypass. • Policy 4.2.4 discusses plans for safety improvements including pedestrian and bicycle improvements identified as part of a walkability study. • Policies 4.2.5 and 4.2.6 discuss consideration for expansion of public transit routes and encouragement of additional transit services such as bike - and -ride and medical transport. • Policy 4.2.7 discusses transportation concurrency alternatives for S.R. 29. The policy states that alternative methods shall be identified within two years to remove barriers to economic development. Consideration for establishment of a Transportation Concurrcney Exception Area (TCEA) or Transportation Concurrcncy Management Area (TCMA) is identified. The policy also; (1) identifies limitations on exceptions to concurrency for certain locations (e.g., the airport and the central business district corridor); (2) identifies a need for case -by -cast evaluation of certain project types (e.g., transit- oriented developments and job creation projects); (3) requires ongoing reviews of the exception process. The department has the following comments pertaining to the objectives and corresponding policies of Goal 4: FDOT Comment #4 The department acknowledges that Policy 4.2.2 is a statement that the county will encourage the acceleration of projects, but it is unclear whether these projects are needed to support the land use pattern and densities and intensities shown on the proposed Future Land Use Map (FLUM). Further, per the county's Transportation Improvement Program (TIP), there are currently no capacity improvements to S.R. 82 and S.R. 29 funded for construction (including the b }pass referenced in Policy 4.2.3, which is currently in the PD &E phase). The department also notes that the county and the Immokalee community can play a significant role in furthering planned projects through mechanisms such as impact fees and developer contributions. FDOT Comment #S Regarding Policy 4.2.7, the department recommends that a TCEA or TCMA should be evaluated at least with each Evaluation & Appraisal Report (EAR). Therefore, it will be important for any proposed TCEA or TCMA to include performance measures, targets, and timelines so that the successes and any shortcomings of the TCEA or TCMA can be assessed. GOAL 5 The purpose of Goal 5 is to protect important natural resources (including Lake Trafford) through development standards and policies. Policy 5.1.1 discusses incentive programs and innovative land development regulations to preserve native vegetation. Identified incentives include transfer of development rights, density bonuses, development clustering, and flexible development standards within specified zoning areas. The department has the following comment pertaining to the objectives and corresponding policies of Goal 5: Packet Page -73- . 5/24/2011 Item 8.A. Mr. -Dank-- rescott --- -. - - -- - Florida Gulf Coast Technology and Research Park DRI - FDOT 5" Sufficiency Review Comments August 6, 2010 Page 4 of 7 FDOT Comment #6 Additional information is needed on the proposed transfer of developments rights program and the density bonuses. In particular, upper limits on the amount of density that can be transferred and the density bonuses should be identified to allow for quantification of potential transportation impacts and to provide guidance for land development regulations. GOAL 6 The purpose of Goal 6 is to allow and encourage a mixture of land uses that are appropriate for Immokalee. Objectives and policies address mobile homes, zoning, compact development, and agricultural activities. Substantial revisions to the future land use designations are proposed. The department has no comments on Goal 6 or the corresponding objectives and policies. (Comments on the revisions to future land use designations are provided later in this review.) GOAL 7 Goal 7 is intended to establish development design standard; that are appropriate for Immokalee. This includes establishing lmtnokalee- specific land development code regulations related to allowed land uses, densities and intensities, landscaping, and signage, as well as promoting bicycling and walking through the land use pattern and pedestrian amenities. The department has no comments on Goal 7 or the corresponding objectives and policies. GOAL 8 The purpose of Goal 8 is the coordination of information between other governmental agencies. This includes coordination regarding economic development initiatives, redevelopment implementation, and government services. The department has no comments on Goal 8 or the corresponding objectives and policies. FUTURE LAND USE DESIGNATIONS This section provides descriptions of the IAMP future land use designations, including revisions to current designations and introduction of new designations. The following table lists the adopted and proposed future land use designations. Revisions to the future land use designations include the following: Packet Page -74- Adopted Future Land Use Designations Proposed Future Land Use Designations Urban -Mixed Use District Urban :Mixed Use District LR Low Residential LR Low Residential MR Mixed Residential MR Medium Residential HR High Residential HR High Residential NC Neighborhood Center CMU Commercial -Mixed Use CC -MU Commerce Center - Mixed -Use RT Recreational/Tourist PUD Planned Unit Development Commercial RT Recreational Tourist Urban - Commercial District C Commercial -S.R. 29 and Jefferson Ave. Urban - Industrial District Urban- Industrial District ID Industrial ID Industrial CC -I Commerce Center - Industrial. IMU Industrial Mixed Use BP Business Park APO Immokalee Regional Airport Revisions to the future land use designations include the following: Packet Page -74- • 5/24/2011 Item 8.A. — "n7.aRo _.. -- i Florida Gulf Coast Technology and Research Park DRI - FDOT 5d' Sufficiency Review Comments August 6, 2010 Page 5 of 7 • Deleted future land use designations are Neighborhood Center, Commercial -S.R. 29 and Jefferson Avenue, Commerce Center - Industrial,. and Business Park Some of these designations are reflected in the new designations and revised designations. • The residential future land use descriptions are proposed to have only minor changes, such as Mixed Residential being renamed Medium Residential. The largest change is the addition of a maximum density that is inclusive of all density bonuses. Density bonuses were allowed in the adopted version of comprehensive plan but the various bonuses were not tallied and stated for each future land use designation. For some future land use designations, these new thresholds actually result in a decrease in maximum trip generation potential. For instance, under Low Residential, the proposed text allows 4 units /acre as the base density and 8 units /acre if bonuses are used, whereas the adopted text allows 4 units /acre as the base density and up to 12 units/acre if bonuses are used. • Low Residential, Medium Residential, and High Residential allow new commercial development, if developed as a Planned unit Development (PUD). A table specifies the maximum amount of commercial development and the minimum residential density allowed for different PUD sizes. A similar table was previously provided under the adopted PUD Commercial future land use designation. • For Commercial -Mixed Use, the proposed future land use designation allows a maximum density of 20 units per acre with bonuses, whereas under the adopted future land use designation, a density bonus of up to 8 additional dwelling units makes it possible to achieve up to 20 dwelling units per acre. The proposed and adopted future land use designations are therefore consistent. • For Commercial -Mixed Use, no maximum intensity for nonresidential uses and no land use mix guidance arc provided. • For Recreational,Tourist, the base residential densities stay the same at 4 dwelling units per acre; however, transient lodging densities arc proposed to increase from 10 to 26 units per acre. • Certain Low Residential lands are proposed to be eligible for density blending. • For Industrial. no maximum intensity for nonresidential uses and no land use mix guidance arc provided. • industrial -Mixed Use is a new future land use designation. Allowed uses are described, but no maximum intensity for nonresidential uses is provided. Commercial uses cannot exceed 30% of total site acreage. • Industrial - Immokalee Regional Airport is a new future land use designation, which allows "all uses permitted in the Industrial sub - district" as well as "all other uses deemed to be compatible and consistent with the odopted.4irport Master Plan ". No maximum intensity for nonresidential uses and no land use mix guidance are provided. • The Lake Trafford/Camp Keais Strand System Overlay is proposed. The Seminole Reservation Overlay is proposed. The Urban Infill and Redevelopment Area boundary is proposed. The densities of underlying future land use designations are applicable, although lands with the overlay are not eligible for density bonuses. The data and analysis section of the comprehensive plan includes an assessment of the revisions to the future land use designations. Highlights of the data and analysis are as follows: • The proposed FLUM differs significantly from the adopted FLUM due to the revisions to the future land use designation and an effort to focus density along major roadways (i.e., S.R. 29). • Tables 5 -2 and 5 -3 show acreages for the proposed and adopted future land use designations. Tables 5-4 and 5 -5 group the future land use designations into categories and provide acreages for the proposed and adopted scenarios. Acreages for the various Future Land Use designations vary widely between the adopted and proposed FLUM. As shown in Table 5-4 and 5 -5 of the data and analysis, the residential designations have been reduced by about 636 acres ( -5 %), with a corresponding increase in industrial uses ( +462 acres, —17 %) and smaller increases in commercial ( +80 acres, --8 %) and tourist ( +201 acres, --80 %) acreages. The proposed FLUM includes approximately 100.6 acres of land added to the Immokalee Urban Area as part of an expansion of the airport. 1. Packet Page -75- 0 Mr. Dan Trescott - - Florida Gulf Coast Technology and Research Park DRI - FDOT 5's Sufficiency Review Comments August 6, 2010 Page 6 of 7 5/24/2011 Item 8.A. • Tables 5 -7 and 5 -8 show the potential change in residential units in the LAMP considering the base densities for the adopted and proposed future land use designations. These tables indicate an increase of 6,731 potential residential units (- -10 %). Tables 5 -9 and 5 -10 also show the potential change in residential units in the LAMP, but with consideration of density bonuses. In Tables 5 -9 and 5 -10, the proposed future land use designations result in a decrease of 30,853 dwelling units ( -18 %). • With regard to public facilities (including transportation), the data and analysis performed for the L-kMP states that the proposed IAMP amendments "reflect an ideological change in how growth should occur in the Immokalee Urban Area" and "will not have an impact on the demand for public facilities ". • The transportation data and analysis states that all state roads in Immokalee meet adopted LOS standards ?./'i under existing conditions. This is consistent with the department's planning -level dais. Opt '' d • Table 6 -9 identifies bicycle and pedestrian project priorities. • Section 7 of the data and analysis discusses HB 697 and identifies proposed goals, objectives, and policies that comply with HB 697. The identified goals, objectives, and policies address: (1) reductions in vehicle -miles traveled (VMT) through diversification of the community's economy (i.e., shorter trips), expanded public transit, encouragement of compact development, and consideration of a TCEA; (2) promotion of non -auto modes through the Bicycle and Pedestrian Plan and expanded public transit: (3) compact, energy- efficient, mixed -use development; (4) provision of higher - density development. Attachment A to the data and analysis is a statement of how the submitted data and analysis complies with the Chapter 163, F.S., and Rules 9J -5 and 9J -11, F.A.C. Transportation LOS in the near and long term is not evaluated. The department has the following comments pertaining to the revisions to the future land use designations and the data and analysis: FDOT Comment #7 Maximum intensities (such as,floor area ratios) are not stated for future land use designations that allow non - residential development. Some future land use designations that allow a mix of uses do not provide guidance on the allowed land use mix (e.g., maximum percentage of residential allowed). 9J- 5.005(6), F.A.C., requires "meaningful and predictable standards for the use and development of land". PIease provide specific guidance about allowed land uses, densities, and intensities per 9J- 5.005(6), F.A.C. FDOT Comment #8 Regarding the proposed description of the Industrial- Immokalee Regional Airport future land use designation, allowing "all other uses deemed to be compatible and consistent with the adopted Airport Master Plan" is not a meaningful and predictable standard for development under the future land use designation. Please provide specific guidance about allowed land uses, densities, and intensities per 9J- 5.005(6), F.A.C. FDOT Comment #9 The data and analysis focuses on changes in residential units (density) and does not address changes in non- residential square footage (intensity). The latter may have a significant impact on roadways. The assessment of the changes to the future land use designations must therefore be revised to account for changes in non - residential square footage. At minimum, please provide a table analogous to Tables 5 -7 and 5 -8 to enable an assessment of changes in non - residential development potential. FDOT Comment #10 Near -term and long -term analyses of impacts to public facilities are required to support comprehensive plan amendments per 9J- 5.005(4), F.A.C., which states, "Each local government comprehensive plan shall include at least two planning periods: one for at least the first five year period subsequent to the plan 's adoption and one for at least an overall ten-year period." Please provide near- and long -term analyses of the impacts of the revised future land use designations on the segments of S.R. 29 (Emerging SIS) in the community and on S.R. 82 (Emerging SIS) just north of the community. If the segments are shown not to meet the adopted LOS standard in the near term with programmed capacity improvements in Packet Page -76- • 5/24/2011 Item 8.A. Mr_ Dan Trescott Florida Gulf Coast Technology and Research Park DRI - FDOT 5s' Sufficiency Review Comments August 6, 2010 Page 7 of 7 place, mitigation projects should be identified and added to the county's five -year schedule of capital improvements. If the segments are shown not to meet the adopted LOS standard in the long term, mitigation projects and/or detailed mitigation strategies must be identified, added to the Transportation Element and Capital Improvements Element, and coordinated with the LRTP. The department's planning -level data indicate that multiple segments of S.R. 29 and S.R. 82 in the impact area are projected to not meet the adopted LOS 9 P0. standard in the near and/or long term. If you have any questions or need additional information, please contact me at (239) 461 -4300 or la,A,renec.massey@dot.state.fl.us. LUI.11m1ka Sincerely, f Lawrence Massey District 1 Growth Management Coordinator c Packet Page -77- 5/24/2011 Item 8.A. SOUTH FLORIDA WATER MANAGEMENT DISTRICT August 6, 2010 Ray Eubanks, Administrator Plan Review and DRI Processing Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Dear Mr. Eubanks: 09903.1%, AUG �G 11 2010 OOA1jkUNSrV OF PL�WIVIJVG Subject: Collier County DCA #IORAEC1 Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment from Collier County (County). The amendment proposes to revise and replace the existing adopted Immokalee Area Master Plan Element of the Growth Management Plan. The Immokalee Area Master Plan Element includes the Goals, Objectives, Policies, land use designations, and the Future Land Use Map revisions needed to implement the Immokalee Area Master Plan, The potable water supplier for the Immokalee area is the Immokalee Water and Sewer District. The District supports Collier County's commitment, expressed in Goal 5 of the Immokalee Area Master Plan Element, to Lake Trafford restoration and the protection of natural resources. We have the following recommendations which we request you incorporate into your response to the County. Ecosystem Restoration • Include a Policy addressing reduction of nutrient loading from stormwater outfalls that directly discharge into the Corkscrew Marsh, Lake Trafford, and Camp Keais Strand areas. Water Supply Identify intensity standards for non - residential uses in the land use designations. It appears these intensity standards are proposed to be defined in subsequent Planned Unit Development or rezoning ordinances. Without intensity standards for non - residential uses, potential water demand cannot be fully determined. Include in the Data and Analysis section how the Immokalee Water and Sewer District plans to address any increase in water demand generated by the increase in density and intensity proposed by the Immokalee Area Master Plan. 3301 Gun Club Road, West Palm Beach, Florida 33406 (561) 686 -8800 • FL WAT51- 800 - 432 -2045 Mailing Address: P.O. Box 2468r 33416 -4680 • wwwsfwmd.gov Packet Page -78- / .1 - 5/24/2011 Item 8.A. 'Scott, W Ray" To <DCPextemalagencycomments @dca state.fl.us> <scottra @doacs.state.fl.us> cc 07/23/201010:30 AM bcc Subject FDACS LGCP Amendment Review FDACS has reviewed the following LGCP amendments and has no objections, recommendations, or comments: Hernando County 10-2 Putnam County 10-2ER Pasco County 10D2 Lee County 10D-1 Lee County 10-2 Lee County 10D-2 Hardee County 10-1 Hardee County 10-2ER Collier Qoun4 J0ReFr_ -I Citrus County 10-1 Volusia County 10-2 Manatee County 10-2 Please call if you have any questions or comments: W. Ray Scott Conservation & Water Policy Federal Programs Coordinator Office of Agricultural Water Policy Florida Department of Agriculture and Consumer Services The Capitol (PL -10) Tallahassee, FL 32399 -0810 (office) 850 - 410 -6714 (mobile) 850 - 544 -9871 (fax) 850 - 922 -4936 Packet Page -79- 5/24/2011 Item 8.A. Southwest Florida Regional Planning Council 1926 Victoria Avenue, Fort Myers, Florida 33901 -3414 (239 )33g -2550 FAX (239)338 -2560 SUNCOM (23C�y748 -2550 August 6, 2010 Mr. Ray Eubanks Plan Review and Processing Administrator Department of Community Affairs Bureau of State Planning Plan Processing Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Collier County / DCA 10RAEC -1 Dear Mr. Eubanks: I IF- v yV 1 % TOZ M.�Og OF N��4 Staff of the Southwest Florida Regional Planning Council reviewed the proposed amendments (DCA IORAEC -1) to the Collier County Comprehensive Plan. These reviews were performed according to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. The Council will review the proposed amendment at its September 16, 2010 meeting. Council staff has recommended that Council find the proposed amendments to be regionally significant and consistent with the Strategic Regional Policy Plan. A copy of the official staff report explaining the Council staffs recommendation is attached. if Council action differs from the staff recommendation, we will notify you. Sincerely, Southwest Florida Regional Planning Council Ken eth Heat - rington Exe tive Director DYB /DEC Attachment Cc: Nick Casa Ianguida, Deputy Administrator, Planning and Regulation, Growth Management Division, Collier County Packet Page -80- 5/24/2011 Item 8.A. Packet Page -81- 5/24/2011 Item 8.A. LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed proposed amendments to the Collier County Comprehensive Plan (DCA 10RAEC -1). These amendments were developed under the Local Government Comprehensive Planning and Land Development Regulation Act. A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I. Comments are provided in Attachment II. Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: Location - -in or near a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; Magnitude- -equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI- related amendment is considered regionally significant); and Character - -of a unique type or use, a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction; updates, editorial revisions, etc. are not regionally significant. A summary of the results of the review follows: Proposed Amendment CP- 2008 -5 Immokalee Area Master Plan Factors of Regional Significance Location Magnitude Character Consistent yes yes yes (1) (2) regionally significant; and consistent with SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Community Affairs and Collier County. 08110 Packet Page -82- 5/24/2011 Item 8.A. Attachment I LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT Local Government Comprehensive Plans The Act requires each municipal and county government to prepare a comprehensive plan that must include at least the following nine elements: 1. Future Land Use Element; 2. Traffic Circulation Element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to replace the traffic circulation; mass transit; and ports, aviation, and related facilities elements. [9J- 5.019(l), FAC] 3. General Sanitary Sewer, Solid Waste, Drainage, and Potable Water and Natuiial Groundwater Aquifer Recharge Element; 4. Conservation Element; 5. Recreation and Open Space Element; 6. Housing Element; 7. Coastal Management Element for coastal jurisdictions; 8. Intergovernmental Coordination Element; and 9. Capital Improvements Element. The local government may add optional elements (e. g., community design, redevelopment, safety, historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted revised plans: Charlotte County, Punta Gorda Collier County, Everglades City, Marco Island, Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County, Bonita Springs, Cape Coral, Fort Myers, Fort Myers Beach. Sanibel Sarasota County, Longboat Key, North Port, Sarasota, Venice Page 1 Packet Page -83- 5/24/2011 Item 8.A. Attachment I Comprehensive Plan Amendments A local government may amend its plan twice a year. (Amendments related to developments of regional impact, certain small developments, compliance agreements, and the Job Siting Act are not restricted by this limitation.) Six copies of the amendment are sent to the Department of Community Affairs for review. A copy is also sent to the regional planning council, the water management district, the Florida Department of Transportation, and the Florida Department of Environmental Protection. [s. 163.3184(3)(a)] The proposed amendment will be reviewed by DCA in two situations. In the first, there must be a written request to DCA. The request for review must be received within forty - five days after transmittal of the proposed amendment. [s. 163.3184(6)(a)] Review can be requested by one of the following: • the local government that transmits the amendment, • the regional planning council, or • an affected person. In the second situation, DCA can decide to review the proposed amendment without a request. In that case, DCA must give notice within thirty days of transmittal. [(s. 163.3184(6)(b)] Within five working days after deciding to conduct a review, DCA must forward copies to various reviewing agencies, including the regional planning council. [s. 163.3184(4)] Regional Planning Council Review The regional planning council must submit its comments in writing within thirty days of receipt of the proposed amendment from DCA. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the regional planning council must be limited to "effects on regional resources or facilities identified in the strategic regional policy plan and extra - jurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government." [s. 163.3184(5)] After receipt of comments from the regional planning council and other reviewing agencies, DCA has thirty days to conduct its own review and determine compliance with state law. Within that thirty -day period, DCA transmits its written comments to the local government. NOTE: THE ABOVE IS A SIMPLIFIED VERSION THE STATUTE (CH. 163, FS) AND THE DETAILS. Page 2 Packet Page -84- OF THE LAW. REFER TO RULE (9J -11, FAC) FOR 5/24/2011 Item 8.A. Attachment 11 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL COMPREHENSIVE PLAN AMENDMENT REVIEW 1. Local Government Name: Collier County 2. Amendment Number: DCA IORAEC -1 3. Did the RPC prepare the Plan Amendment: (YES) (NO) 4. Date DCA Notified RPC that Amendment Package was Complete, if Applicable: July 8, 2010 5. Date Amendment Review must be Completed and Transmitted to DCA: August 6, 2010 6. Date the Review was Transmitted to DCA: August 6, 2010 7. Description of the Amendment: CP- 2008 -5 This amendment is a Collier County initiated change to the County's Comprehensive Plan that will provide for the Immokalee Area Master plan (IAMP) and the Immokalee Area Master Plan Future Land Use Map (FLUM). The revisions to the entire Master Plan that includes: 1) increases to the commercial acreages, the industrial acreage, and the allowable residential development in the planning area; 2) elimination of some of the existing land use designations; 3) creation of a new land use designation for the Immokalee Regional Airport site; and 4) addition of approximately 103 acres presently designated Agricultural /Rural within the Rural Lands Stewardship Area as identified on the countywide FLUM_ Packet Page -85- 5/24/2011 Item 8.A. 8. Is the Amendment consistent with the Strategic Regional Policy Plan: CP- 2008 -5 The proposed Immokalee Area Master Plan (IAMP) intends to implement the Immokalee community's vision, as approved by the Immokalee Area Master Plan and Visioning Committee (IAMPVC) by encouraging economic development and efficient delivery of services through greater densities and intensities in the planning area. The revised IAMP promotes dense, clustered development along major thoroughfares that then transition into lower densities and intensities in land uses away from the thoroughfares. The proposed plan amendment utilizes smart growth principals and provides greater flexibility through mixed use Subdistricts. The revised Immokalee Area FLUM identifies to the geographic planning area. Specifically, the proposed amendments to the IAMP element of the County's Growth Management Plan (GMP) propose eight new goals, each with respective objectives and policies. The new goals are then followed by the revised Land Use Designation Description Section. This Section describes the proposed land use designations that will guide patterns of development within the Immokalee urbanized area and will further the proposed goals through standards set forth within each. land use designation and through explanations of the types of allowed land uses that can be requested within the planning area. The following are some of the major changes proposed by the amendment request: • Re- configuration of the wetland boundary that connects to Lake Trafford /Camp Keais Strand System Overlay. This revision was requested by County staff, • Re- designation of the lands within the boundary of the Immokalee Regional Airport from Industrial (ID) to Immokalee Regional Airport Subdistrict (APO); • Addition of±103 acres of land that are proposed to be removed from the Rural Lands Stewardship Area Overlay (RSLA) and be included within the boundary of the Immokalee Regional Airport Subdistrict (APO); • Addition of the "Loop Road," which is proposed to allow access from the Immokalee Regional Airport and Florida Tradeport Areas, to SR 82 to SR 29; and • Revisions to the land use designations in the IAMP FLUM that include: 1) An increase in base density allowed within the mixed use designated areas. No change in base density (dwelling units /acre - DU /A) is proposed within the Low, Medium, High or RT designated areas; 2) An increase of about 10 percent in the number of potential dwelling units that could be developed through the base density; 3) Changes in the maximum density allowed within the low residential designation (reduction) and the mixed use designation (increase); 4) An 18 percent reduction in the maximum number of potential dwelling units that would be allowed in the IAMP; 5) An increase of ±201 acres of Recreational Tourist (RT) designated lands; 6) An increase on the cap of allowed density that can be requested within the Immokalee Urban Area, via density bonus, from a maximum of 16 DU /A to a cap of 20 DU /A; Packet Page -86- 5/24/2011 Item 8.A. 7) A 5 percent reduction of residential designated lands. This change of over ±636 acres of residential designated lands are proposed to be re- designated to allow commercial and industrial development, as well as uses that are allowed under the RT designation; 8) An increase of ±80 acres of commercial designated lands; and 9) An increase of ±462 acres of industrial designated lands. This increase includes the re- designation from Industrial (ID) to Immokalee Regional Airport Subdistrict (APO) of 1,484 acres of land that are part of the Immokalee Regional Airport boundary. The County staff report states that the amendments would have a fiscal impact on Collier County. The commitments included in the proposed plan, which translates into operational impacts, fiscal impacts, as well as a set timeframe to fulfill such programmatic and fiscal commitment, will require funding and allocation of County staff that may not be readily available. County staff believes that the proposed IAMP may not have an immediate impact on the demand for public facilities, but will impact future demand for public facilities. In addition, the propose plan may shift prioritization of some Countywide efforts to the Immokalee Urban Area in the future. To address this issue, the proposed amendment Goal I would allow the County to prioritize capital projects, programs and studies and any other commitments with the proposed plan that are necessary to further the proposed Goals, Objectives and Policies of the IAMP on an annual basis. Objective 1.1 requires the Community Redevelopment Agency (CR.A) to develop a list of priorities of commitments, as well as identifying potential alternative funding sources to fulfill such commitments. In addition, Policy 1.1.1 allows for the extension by the Board of County Commissioners (BoCC) of the timeframes allocated to fulfill the commitments with the proposed IAMP, subject to the consideration of available funding and /or operational constraints. 9. Applicable Strategic Regional Policy Plan Goals, Strategies and Actions: CP- 2008 -5 Livable Communities Goal 2: Southwest Florida will develop (or redevelop) communities that are livable and offer residents a wide range of housing and employment opportunities. Strategy: Develop livable, integrated communities that offer residents a high quality of life. Action 1: Encourage programs that promote infill development in urban areas to maximize the efficient use of existing infrastructure. Action 2: Work with local governments to promote structures and developments that combine commercial and residential uses as a means of providing housing that is affordable and near employment opportunities. Goal 4: Livable communities designed to improve quality of life and to provide for the sustainability of our natural resources. 3 Packet Page -87- 5/24/2011 Item 8.A. Strategy: Promote through the Council's review roles community design and development principles that protect the Region's natural resources and provide for an improved quality of life. Action 8: Working with all levels of government within Southwest Florida actively plan for lands that have been acquired for natural resource purposes to be maintained and managed to preserve their environmental integrity. Action 9: Insure that opportunities for governmental partnerships and public /private partnerships in preserving wildlife habitats are maximized. Economic Infrastructure Goal 1: A well - maintained social, health, and educational infrastructure to support business and industry. Strategy: Ensure the adequacy of lands for commercial and industrial centers, with suitable services provided. Action 2: Identify existing urban lands and transportation corridors for development or redevelopment, and ensure adequate access and services are provided. Action 3: Include in planning efforts the recognition of lands with natural capacity, accessibility, previous preparation for urban purposes, and adequate public facilities. Action 5: Review proposed development for increased densities and infill in suitable urban areas. Regional Cooperation Goal 5: Effective resource management is maintained across the borders of sovereign public agencies. Strategy: All plans concerning the same resource shall have as objectives the same effective results. Action 4: The SWFRPC will promote state, regional and local agencies to consider lands identified as priority one habitat south of the Caloosahatchee River and areas formally designated as critical habitat for the Florida Panther to be incorporated in the agency's natural resource management programs and provide intergovernmental coordination for the implementation of management practices that, based on existing data, would be expected to result in maintaining habitat conditions for the panther. 10. The effects of the Proposed Amendment on Regional Resources or Facilities Identified in the Strategic Regional Policy Plan: CP- 2008 -5 The proposed IAMP impacts a variety of regional resources and facilities that are identified in the Strategic Regional Policy Plan and include: 4 Packet Page -88- 5/24/2011 Item 8.A. 1) Changing the configuration of the wetland boundary that connects the Lake Trafford /Camp Keais Strand, both regional resources, and providing an overlay to address development levels and conservation efforts allowed in the wetland area; 2) Re- designating lands within the boundary of the Immokalee Regional Airport from industrial land uses to an airport specific land use identified as the Immokalee Regional Airport Subdistrict (APO), which addressed specific airport issues. This airport redesignated lands resulted in ±103 acres of land to be removed from the Rural Lands Stewardship Area Overlay (RLSA) and included within the boundary of the airport; . 3) Adding the concept of a "Loop Road," which is proposes to allow access from the Immokalee Regional Airport and Florida Tradeport areas to SR 82 and SR 29. both of which are regional roadways; and 4) Changing the land use designations that included: a) an increase in the base density allowed in the mixed use designated areas: b) an increase of about 10 percent in the number of potential dwelling units that could be developed through the base density. According to the County staff analyses, these changes represent an additional 6;730 dwelling units -allowed in the IMAP. c) a change in the maximum density allowed within the low residential (reduction) and the mixed use designated areas (increase); d) an 18 percent reduction in the maximum number of potential dwelling units that would be allowed in the IAMP. According to the County staff analyses, these changes would represent a reduction of 30,583.4 dwelling units from what is currently allowed to develop in the IAMP. 11. Extra - Jurisdictional Impacts that would be Inconsistent with the Comprehensive Plan of the Affected Local Government: CP- 2008 -5 Council staff has reviewed the proposed changes to the County's Comprehensive Plan with respect to the IAMP and find no specific extra - jurisdictional impacts that would be inconsistent with the affected local government. Analysis of the effects on the proposed amendments on the following issues to the extent they are addressed in the Strategic Regional Policy Plan on: 12. Compatibility among local plans including, but not limited to, land use and compatibility with military bases: CP- 2008 -5 Council staff has reviewed the proposed land use changes being proposed in this request and agrees and supports the County staff that the proposed changes provides smart growth concepts and provides for a more sustainable community given the reduction in dwelling units and the more appropriate location of the mixed use development pattern along the major roadway systems in the planning area while placing lowing densities behind and away from those increased densities. Given the future population projects for the planning area, Council staff agrees with the proposed changes in the number of dwelling units Packet Page -89- 5/24/2011 Item 8.A. provided in the Immokalee urban area and the arrangement of residential, commercial and industrial land uses. Based on the Plan presented in this amendment request, Council staff finds that the proposed changes to the County's Plan is compatible with local planning efforts. While there will be a future military presence at the Immokalee Regional Airport in the future, southwest Florida has no military bases in the region to be considered. 13. Impacts to significant regional resources and facilities identified in the Strategic Regional Policy Plan, including, but not limited to, impacts on groundwater recharge and the availability of water supply: CP- 2008 -5 The proposed amendments do no substantially impact the regional water recharge and water supply situations in the Immokalee area. The subject changes proposes to improve the wetland slough that flows into Lake Trafford by reducing the dwelling units that can be built in that natural feature and the proposed amendments reduce and increase the densities of the areas dwelling units. The increased densities in the urban area of Immokalee should provide increased open space areas and thereby improve groundwater recharge. The proposed Comprehensive Plan changes will not change the County's 10 -Year Water Supply Plan. 14. Affordable housing issues and designation of adequate sites for affordable housing: CP- 2008 -5 Due to the existing economy and the housing characteristics of Collier, the affordable housing issue in the County is complex and has not been completely addressed. While, the affordable housing issue along the coastal urban areas have been somewhat reduced due to the economic downturn, it is still a problematic as it relates to housing for service providers for the more affluent residential areas. The affordable housing issue in Immokalee is somewhat different in that the Immokalee areas is predominately an agricultural community that depends on a supply of less expensive farm worker housing units in contrast to the urbanized areas along the coast. At the present time, there are fewer agricultural workers in the County and therefore the demand for farm worker housing is somewhat reduced. When fully developed, the proposed Plan amendments will improve the housing stock in the Immokalee area and provide housing for the service workers in the urbanized area of Immokalee. Council staff agrees with the smart growth concepts found in the proposed changes and believes that the service workers that will live in the future urbanized area of the community will be satisfied. The farm worker housing that is often located outside of the urbanize Immokalee area may need additional analysis in the plan as demand increases as the economy improves in the future. 15. Protection of natural resources of regionally significance identified in the Strategic Regional Policy Plan including, but limited to, protection of spring and groundwater resources, and recharge potential: CP- 2008 -5 The proposed plan amendments will improve the natural resources around Lake Trafford and the wetland systems that flow into that regional resource. All the environmental Goals, Objectives and Policies found in the Collier County Comprehensive Plan are still enforce to Packet Page -90- 5/24/2011 Item 8.A. provide protection and conservation of the regionally significant natural resources found in the Immokalee planning area, including groundwater resources and recharge potential. in addition, the proposed changes recommend that dwelling densities in the wetland slough that flows into Lake Trafford be reduced, which will increase the potential for recharge and water quality improvements. There are no springs in the area that will be impacted by the proposed amendments. 16. Compatibility with regional transportation corridors and facilities including, but not limited to, roadways, seaports, airports, public transportation systems, high speed rail facilities, and intermodal facilities: CP- 2008 -5 The proposed amendments provide a significant change to the proposed transportation facilities in the subject planning area. The plan proposed a loop road that will according to the County staff report provide access from the Immokalee Regional Airport and Florida Tradeport areas to SR 82 and SR 29, both of which are regional roadways. Council staff agrees with the County's proposed transportation system improvement, but have severe concerns how these facilities will be funded. The proposed amendments will improve and enlarge the Immokalee Regional Airport. Council staff agrees and supports the County's efforts to improve this regional facility and believes that it is an important public facility that will aid future economic development in the region. The proposed changes do address the intermodal facilities in the Immokalee area and improve the future walking and bicycling system in the area. The subject Plan will provide improvements through the use of smart growth and compact development principals. Council staff agrees and supports the improvements the Plan makes related to intermodal development in Immokalee. The proposed amendments, do not substantial address public transportation systems or high speed rail facilities. 17. Adequacy and compatibility with emergency preparedness plans and local mitigation strategies including, but not limited to, the impacts on and availability of hurricane shelters, maintenance of county hurricane clearance times, and hazard mitigation: CP- 2008 -5 The proposed plan does not change the County's emergency preparedness plans, local mitigation strategies, availability of hurricane shelters, maintenance of county hurricane clearance times, or hazard mitigation. All of the County's existing Goals, Objectives and Policies that relate to these items are still in effect in the subject planning area. Because the proposed plans result in an overall reduction in dwelling units and improve the location and densities of future development in the planning area, the issues related to hurricane shelter space and clearance time should actually be improved over time due to reduced demands in the Immokalee community. 18. Analysis of the effects of extra - jurisdiction impacts which may be created by the amendment: CP- 2008 -5 Council staff has reviewed the proposed Plan and believe that it will not have substantial extra - jurisdictional impacts on surrounding Counties or Cities. The Plan will improve the Packet Page -91- 5/24/2011 Item 8.A. Immokalee area and will provide an improved development model for that part of Collier County. Council staff supports the changes proposed by the County in the subject Plan and believes that it will benefit the region. Council staff does have concerns about the future funding of the changes proposed in the plan with respect to infrastructure costs that will be necessary to support the new development pattern. The Plan suggests that the Board of County Commissions have a yearly review of the proposed projects that will implement the Plan and that these projects are provided as financially feasible. Council staff believes that the Plan needs to be more specific as to how future funding will be achieved and what the timeframes for actual implementation of the future improvements will be maintained. Council staff finds the proposed amendments requested to allow for the future improvement of the Immokalee area to be regional due to its impacts on regionally significant nature resources, roadway system development, and airport improvements and that the Plan is consistent with the Strategic Regional Policy Plan. Packet Page -92- 5/24/2011 Item 8.A. Attachment III Maps Collier County DCA 14RAEC -1 Proposed Comprehensive Plan Amendments Site Locations Packet Page -93- 5/24/2011 Item 8.A. 11 i I /iL Is ]DO! ZJ613 is CL W L.n Z -j w W Y. Its W3 %L W W .J 0 LLI LU LM co 0 uj 0 o. 0 LL — ji Z) I LL fu ir S 9b I S zt, I Packet Page -94- m 0 d U Z O W IL Q m X w O 2 c 2 U Q Q 5/24/2011 Item 8.A. Packet Page -95- I i% i Q 'W v Q K J l m •i W 1 r Lij W J i Z �3 1 1 � L. CL W LL W IL d Packet Page -95- r Naples Daily News • Wednesday, May 4, 2011 •5A 5/24/2011 Item 8.A. PUBLIC NOTICE . PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT AN ORDINANCE Notice is hereby given that the Comer County Board of County CommWoloners will hold a public hearing on Tuesday, May 24, 2011 at 90 a.m. in the Board of County Commissioners chamber, third floor, County Government Certter, 3299 E. Tamiami Trail, Naples. The purpose of the hearing is to consider recommendations on the adoption of Petition CP- 2008 -5 amendments to the Growth Management Plan;.speci ically to the Immokalee Area Master Plan and Immokalee Future Land Use Map; the Conservation and Coastal Management. Element; the Future Land Use Element and Future Land Use Map and Map series for transmittal to the Florida Department of Community Affairs; The ordinance title is as follows: ORDINANCE NO. 11- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND INCLUDING THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, THE CONSERVA- TION AND COASTAL MANAGEMENT ELEMENT, AND THE FUTURE LAND USE ELEMENT AND . FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILfTY; AND-PROVIDING AN EFFECTIVE DATE CP- 2008.5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee'Area Master Plan Future Land Use Mao, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokales Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area frQrru Agricultural/Rural within the Rural Lands Steward- ship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keels Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. [Coordinator. Carolina Valera, Principal Planner] >c CP- 2008 -5 . y{ N 7 11W � Collier County Florida All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment are available for inspection at the Collier County Clerk's Office, 4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and the Land Development Services De partment, Zoning Serv, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 -&m. and 5:00 p.m., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department. (239- 252 - 2387). Written comments filed with the Land Development Services Department prior to Tuesday, May 24, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 - 83!30, prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE. CHAIRMAN DWIGHT E: BROCK, CLERK By: /s/Patricia Morgan Deputy Cleric (SEAL) No 23 1 182549 May 4.2011 Packet Page -96- ;;,