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CCPC Minutes 03/30/2006 EAR March 30, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida March 30, 2006 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in Building of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed Caron Paul Midney Robert Murray Brad Schiffer Russell Tuff Tor Kolflat Robert Vigliotti (Absent) ALSO PRESENT: Randy Cohen, Comprehensive Planning Dept. Director Marjorie Student-Stirling, Assistant County Attorney Don Scott, Transportation Planning David Weeks, Comprehensive Planning Department Page 1 March 30, 2006 CHAIRMAN STRAIN: Okay, it's 8:30. Would you all please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison) CHAIRMAN STRAIN: Thank you. Good morning. This is the continuation of the EAR amendment process. I think the last meeting was about two weeks ago where we continued it to today. Today's meeting is to review the staff corrections and comments that we had produced over the last three or four meetings that we had on this matter. Out of expediency for this board today and everybody involved, I'd like to request that if there's new information, that's fine, but let's try to move through the review a little quicker than we have, because we've really spent three days going through line by line. Maybe now with just the changes that have occurred, we can move forward and finish this off. I'd also like to remind each of one of the panel members, I'm looking at Mr. Tuff, when you speak, please speak slowly enough for the court reporter to be able to take your messages or your comments. Do not talk over others that are speaking, if you don't mind, and please wait to be recognized before you speak. Now, with all that being said, today's agenda is going to go in the order that's in the book, because hopefully, like I said, we won't be dwelling on each issue for any length of time. The only exception will be that we need to hear the Immokalee part of the book before 10:30, and I would assume before 10:00 to at least give us some time to wade through it. The reason for that is Mr. Midney is here today. He drove all the way in from Immokalee for this meeting but he has to drive all the way back out there at 10:30 for another meeting. So we certainly want his input to finish off the Immokalee element. And I've asked staff to locate Michelle Mosca so that she can be here to provide her input in regards to the Immokalee portion of it. Page 2 March 30, 2006 Okay? So other than that, we will take the book in order this mornIng. And the first item in order is the capital improvement element. And I notice Mr. Weeks isn't here. Is that because he's tied up in traff -- oh, he just showed up. Good. He's the guru of all this stuff, so give him a minute to get organized. MR. WEEKS: Good morning, Commissioners. My apologies. CHAIRMAN STRAIN: David, I bet it was the traffic. And Mr. Scott is here, so he can make sure that he records that, so -- Okay, with the board's concurrence, I would like to just go through these, read the pages off more quickly than we have in the past. I'm assuming we've all done our homework and read this document. So with that in mind, when we get to a page that you'd like to comment on for staff changes, just raise your hand, let me know. We're in the capital improvements element, we're on Page 1. (N 0 response) CHAIRMAN STRAIN: Page 2. Mr. Schiffer? COMMISSIONER SCHIFFER: I think first thing in the red paragraph, the new paragraph we've had, I think that would be easier to read if you actually reformatted the paragraph so that the parentheses one is a separate paragraph than parentheses two is. I think I read through that, but it was a really difficult thing. Much like -- and that's a typically a code format anyway, that any subsection you'd break down is a separate paragraph. Anybody looking at me? CHAIRMAN STRAIN: I'm listening to you. I'm just waiting for David to kind of get organized enough to comment on that. COMMISSIONER CARON: And you might want to repeat that. CHAIRMAN STRAIN: What he's asking, David, is that on Page 2 of the capital improvement element, there's a paragraph B. MR. WEEKS: Yes. CHAIRMAN STRAIN: And the parentheses are one, two and Page 3 March 30, 2006 three within the paragraph, especially in the red type you added. He's suggesting that one be set aside as a subparagraph to the main paragraph and two and three to be subparagraphs. For clarity. Is that something that reformatting would be a problem with staff, or is that okay? MR. WEEKS: I would agree with that. Look over on page three and see the same type of a breakout. COMMISSIONER SCHIFFER: Right. I think you're going to have to be careful because you're going to have parentheses one through three, then you're going to have one through three, so you're going to have to do some kicking around of the numbers. The other question on that paragraph is weighted. Is that defined anywhere in the GMP, what the word weighted means? I know we have a formula. Is that a standard formula? MR. WEEKS: Actually, not that I'm aware of. MR. COHEN: Excuse me. It's not defined in the GMP. We use it in the AUIR. And right now, as David could attest to, it's based on, you know, four months of the peak population and eight months of permanent. And one of the things we're doing this year is actually taking a look at weighted again with respect to whether or not that figure's actually accurate. So putting it in the GMP, if we put a definition in there, would tie us to it if we did four months and eight months. And we'd rather, if it's possible, leave it out of there and keep it in the AUIR, as it's currently done, and use that particular methodology. But it's not in the GMP right now. CHAIRMAN STRAIN: Isn't the AUIR brought into the GMP by reference? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: I see a reference many times. So would that in essence bring in whatever definition in the AUIR is utilized? Although it's not a clear way to find it. Page 4 March 30, 2006 COMMISSIONER SCHIFFER: Well, I think if that's true, then why don't we put weighted, parentheses as defined in the AUIR. Because the users of this book, you don't want them hunting around looking for that. If there's a place they can go, let them go. CHAIRMAN STRAIN: That helps. Does that work with you? MR. WEEKS: Yes. CHAIRMAN STRAIN: Okay. Acknowledgement. MR. WEEKS: Mr. Chairman, if I may, I'll just take it -- just generally, when we make reference to the peak population, we'll provide a similar reference to the AUIR, because likewise it is not defined in the GMP. CHAIRMAN STRAIN: I think that would be a good idea. Thank you, Mr. Schiffer. Page 3? (No response) CHAIRMAN STRAIN: Page 4? (No response) CHAIRMAN STRAIN: Page 5? (No response) CHAIRMAN STRAIN: Page 6? (No response) CHAIRMAN STRAIN: Page 7? I have one comment on Page 7, Policy 2.2. You have some underlined language, I know it's not new, in regards to the last time. It's something I picked up when rereading it. It starts, but only as a last funding alternative where impact fees are insufficient to pay for the cost of facilities attributed to future development. I'm wondering if after the word impact fees, and you could input in parentheses, and other sources of revenue. And what I'm worried about there is that we do have other sources of revenue for some of the facilities, like gas taxes and things like that. So I wouldn't want to Page 5 March 30, 2006 limit the only other alternative source of revenue to be impact fees. Is that appropriate, David? MR. WEEKS: Seems all right with me. Randy, do you have a comment on that? MR. COHEN: I think because of the way we do our transportation impact fees, it's probably appropriate to do that. CHAIRMAN STRAIN: Because we do show gas tax and other stuff. MR. COHEN: Right. CHAIRMAN STRAIN: Okay. Anybody have any objection to that? (No response) CHAIRMAN STRAIN: Page 8? (No response) CHAIRMAN STRAIN: Page 9? Page 9, at 3.2 it talks about the coastal -- the calculated need for public facilities, as represented in the AUIR in the five-year scheduled capital improvements, and it says will be based on the county's adopted level of service standards. Shouldn't that reference those -- the CIE? As found in the CIE? Or is there another -- I'm just wondering where someone would have to go to find those -- that's kind of like Brad's question about definitions. If you want to know what the adopted level of service standard is in the county, is this the document that's supposed to dictate that and set that? MR. WEEKS: Yes. And in this case, we are in the CIE, which is the very element that establishes that level of service standards. CHAIRMAN STRAIN: Okay. So there's no need -- someone would just apparently realize that then, reading this whole -- MR. WEEKS: I would hope so. CHAIRMAN STRAIN: I wasn't sure, but I wanted to ask the Page 6 March 30, 2006 question. Page 10? (No response) CHAIRMAN STRAIN: Page II? (No response) CHAIRMAN STRAIN: Page 12? MR. SCHMIDT: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. SCHMIDT: Their staff would note that in letter C, Subsection C -- CHAIRMAN STRAIN: Are you on page -- MR. SCHMIDT: Page 12. CHAIRMAN STRAIN: Thank you. MR. SCHMIDT: In Subsection C where it is highlighted in red, reflects the projects set forth in the first year of the -- should read CIS, capital improvement schedule. CHAIRMAN STRAIN: So is there a -- do you need to say that out and then do a parentheses CIS, just to be -- either way, let staff work it out. I don't have a problem with it. Anybody have a concern on the panel? (No response) CHAIRMAN STRAIN: Page 13? (No response) CHAIRMAN STRAIN: Page 14? (N 0 response) CHAIRMAN STRAIN: Page 15? COMMISSIONER MURRAY : Yeah, there's a note here, legal comment expected on this idea. MS. STUDENT-STIRLING: Yes, for the record, Marjorie Student-Stirling, Assistant County Attorney. And having gone through this with staff, we feel that this language should be okay, because what happens with the AUIR will Page 7 March 30, 2006 be factored into our checkbook concurrency. So the application of checkbook concurrency in 5.1 will catch the situation and a development mayor may not be able to go forward utilizing checkbook concurrency in 5.1 and associated policies. CHAIRMAN STRAIN: Does that answer your question, Mr. Murray? COMMISSIONER MURRAY: (Shakes head affirmatively) CHAIRMAN STRAIN: While we're at it, Ms. Student, there's current legislation going through that could impact the way we have to look at concurrency. If it does, do we have to go back, and will these -- will that require new changes to this EAR or the GMP? MS. STUDENT-STIRLING: Well, we are in the EAR process, and it depends on if the legislation becomes effective and if there's any -- depends on what the language may say in the legislation as to the effective date. But I think that's certainly something that when we go to adopt, because this is just transmittal, we can iron that out with DCA. CHAIRMAN STRAIN: I was just curious. Thank you. Page 16? (N 0 response) CHAIRMAN STRAIN: Page -- well, it's Page 1 of Exhibit A, which is a table. COMMISSIONER SCHIFFER: I have an Exhibit A question. CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: There's a red note on the bottom of a couple pages. Is that note just for us at this hearing, or is that a note that's going to be in the final -- I think it's just for this hearing. MR. COHEN: No, sir, that note will be incorporated into the final document. And where you see the asterisk that's next to that note, you'll see an asterisk in the columns under 2005-2006. And the reason for those particular notes is that the water and Page 8 March 30, 2006 sewer master plan for the county will not be adopted until June, and we don't have final figures. So at transmittal, we don't have them. But we want to make sure the DCA realizes that will be financially feasible. And then for your adoption hearing we will have those numbers incorporated, and they'll be provided to DCA as well as yourself at that time. COMMISSIONER SCHIFFER: And the note goes away then. MR. COHEN: Correct. CHAIRMAN STRAIN: Thank you. I have some questions of Mr. Scott in regards to the table that Exhibit A encompasses. MR. SCOTT: Good morning. Don Scott, Transportation Planning. CHAIRMAN STRAIN: Good morning, Don. I enjoyed my drive here today. MR. SCOTT: Did you? CHAIRMAN STRAIN: Yeah, I read the paper. On Page 1 of the table, you have a CIE Number 168, Vanderbilt Beach Road, Collier Boulevard to Wilson. And I notice that you have fiscal year costs in there in '06, '07 and '08, a little over 10 million a year. What do those costs represent? MR. SCOTT: Right-of-way. As it's shown on the notes thing, where it says design right-of-way, right-of-way, right-of-way, the R is right-of-way, the D is design. CHAIRMAN STRAIN: Okay. Based on the total that's here and the fact that it's in the EAR, are we locked into doing that? Because from what I read in the paper most recently, the cost of that roadway could escalate to over $200 million. That may change some peoples' minds about moving forward with that. If it's in this document, does that lock us into it? MR. SCOTT: No. The board will make a decision whether we Page 9 March 30, 2006 go forward with that, obviously, on April 17th. CHAIRMAN STRAIN: Okay, then this document doesn't make them -- bring that up. MR. SCOTT: Obviously, even beyond this project costs change, issues change out there. CHAIRMAN STRAIN: That's why I was wondering. Down on 5061, Collier Boulevard, Immokalee Road to Golden Gate Boulevard. That was one of the roadways that were supposed to be in before we approved all those developments along it. And it still isn't started, although it was supposed to be finished. And now it's looking like it's going to be built in 2008, even beyond? MR. SCOTT: No. The -- again, this is referencing moving it out of the first two years. It's in this fiscal year, but we won't bring it in till we have a contract that's approved. CHAIRMAN STRAIN: So the $36 million shown in 2008 could be spent in 2006 or seven? MR. SCOTT: Yes. CHAIRMAN STRAIN: Okay. It's-- MR. SCOTT: That's really -- answering your first part of that that says it was supposed to be started already and development went forward with the assumption, this pushes it out where development can't go until it's pulled back in. CHAIRMAN STRAIN: I see. Okay. On the next page, Item 040, Golden Gate Boulevard. It's looking like the construction for the extension from Wilson to Everglades at $42 million is set for '09. But yet I notice Vanderbilt Beach Road, or even some of the others seem to be ahead of that. Is this one that's put out and is going to be pulled back in to be moved ahead? MR. SCOTT: That again is two years out. That's actually in '08. And I know it's confusing. There's -- we have a map that shows what we're really pushing for, but this is for DCA's purposes of what we're Page 10 March 30, 2006 trying to do to get it out of the concurrency window. So anything that was in the first three years essentially went out two years. Anything in nine and 10 are essentially at the bottom of the work program, not shown as construction in nine and 10. Now, there's been some discussion whether, depending on where we go with proportionate share, they might decide to take all the construction out of the five-year work program and just bring it in when there's an approved contract. That remains to be seen at this point. CHAIRMAN STRAIN: Okay. Well, I was just trying to -- I'm not -- I don't think I have a problem with your table in regards to what you've explained. I just didn't understand it the way reality's been hitting us versus what you have here. Your 951 extension that's on Page 2 has been struck from Immokalee Road to Bonita Beach Road. That means it's out of the five-year plan but it's still being conceived, isn't it? MR. SCOTT: Well, at the moment the next phase would have been design. And the discussions we've had with Lee County is that we're going forward with the 1-75 toll authority. We were hoping to get the first meeting next month, but I think it's probably May. We're going to address 1-75 first as the toll thing and see where that ends up with 951. 951 was about a four to $500 million project, and we weren't going to be doing that unless it's tolled also. That has a big influence on what we do on 1-75, so we're trying to answer the 1-75 question first. Now, we are going to go and get whatever right-of-way we can within our corridor, and Lee County's going to do the same. But at the moment we're holding back on design. CHAIRMAN STRAIN: Okay. That's the only questions I had on Exhibit A. Does anybody else have any questions on Exhibit A? Page 11 March 30, 2006 (No response) CHAIRMAN STRAIN: Okay, thank you very much, Don. Exhibit A continues until we get to the end, there's a final page. Any questions on the balance of the CIE? (No response) CHAIRMAN STRAIN: Hearing -- Mr. Weeks? MR. WEEKS: Mr. Chairman -- and by the way, I'm David Weeks, Comprehensive Planning Department. I'd ask Mr. Schmidt, but I think we should -- Schmidt, Corby, but I think we should get this on the record. On that table A that we were just discussing, the first three pages, in a few cases under the notes column there's the initial LD. And there is no corresponding initials under the T. And so I wanted to ask maybe if Don could tell us if that's a combination of -- or just what that is. MR. SCOTT: LD is landscape design. And I don't know if there's another reference for construction. Or LS is landscape -- LD is landscape design. And we can add that to it. MR. WEEKS: Thank you. CHAIRMAN STRAIN: Thank you. Hearing nothing else, Ms. Student, is it appropriate that we take a vote on recommendations on each one of these separately? MS. STUDENT-STIRLING: Yes, that's how we generally do it and I think that's entirely appropriate. CHAIRMAN STRAIN: Okay, is there a motion-- COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: There's a motion to recommend approval. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Seconded by Mr. Murray. Discussion? I'm assuming the motion is to recommend approval with the corrections made by staff and those recommended today by this board; is that --e Page 12 March 30, 2006 COMMISSIONER MURRAY: That's correct. CHAIRMAN STRAIN: Okay. All those in favor of the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response) CHAIRMAN STRAIN: Motion carries 7-0. Thank you. Is Ms. Mosca here yet? Randy, were you able to reach her? MR. COHEN: I left a message for her, as well as an e-mail. Typically she doesn't get to the office until 9:00 in the morning, so I will try her again at 9:00 as well. CHAIRMAN STRAIN: I may periodically look up and check with you just so we're -- with or without her, I think by 10:00 we're going to have to discuss the Immokalee issue, so -- I was just hoping her input would be here. Transportation element would be the next element in our book. Any questions on Page I? (No response) CHAIRMAN STRAIN: Page 2? (No response) CHAIRMAN STRAIN: Page 3? (No response) CHAIRMAN STRAIN: Page 4? Ms. Caron. COMMISSIONER CARON: Don, since you made changes to the list on here, can you just go over why those changes were made? Page 13 March 30, 2006 MR. SCOTT: You're talking about level of service E? COMMISSIONER CARON: Yes. MR. SCOTT: Essentially what roadways are six lanes or at least under construction for six lanes that we're making it consistent across the thing. Now, as I said before, I'd rather have a statement that says that when it gets six lanes, make it level of service E, but I know we had a lot of discussion about that last time, so this is consistent at least to where we're at right now. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Page 5? (No response) CHAIRMAN STRAIN: Page 6? (No response) CHAIRMAN STRAIN: Page 7? (N 0 response) CHAIRMAN STRAIN: Page 8. As Ms. Caron pointed out, when we received the e-mail, that was a missing page. Page 9? (N 0 response) COMMISSIONER CARON: I think we're going to get Page 8. CHAIRMAN STRAIN: Oh, it came in -- I'm sorry, I got mine in e-mail last night from David, so I've got mine. I think the side that's new is the back side, Page 8? MS. SCOTT: Excuse me, Mr. Chairman? CHAIRMAN STRAIN: Yes. MS. SCOTT: Trinity Scott, Transportation. If I could go back to Page 7, I noticed in our strike-through version that we provided to you in policy 4.3, the new policy 4.3, both should and shall had been stricken. And should is double underlined. So I would like to remove the strike-through on should. CHAIRMAN STRAIN: I read that. And when it said the Page 14 March 30, 2006 county's pathways construction program be consistent with the comprehensive pathways plan to the maximum extent feasible, I thought you purposely tried to strike both of those, because it still reads -- MS. SCOTT: We could leave it at that. CHAIRMAN STRAIN: No, that's fine. I have no problem with it. But that's why I didn't think it was a problem. We can leave it. Should be back in. MR. WEEKS: Mr. Chairman, for explanation, what we've done is -- I realize this may cause some confusion, but to try to show the changes, we used double underlined, double strike-throughs. And in this case because should is double underlined, it shows that it is being added back in. And because shall is double struck through, it is taken out. So we are showing it as -- MS. SCOTT: Thank you, David. CHAIRMAN STRAIN: And for the comments we gave today, we're going to be looking for triple underlines and -- Thank you, Trinity. Yes, Mr. Midney? COMMISSIONER MIDNEY: The reason we're going with should rather than shall is because we're saying to the maximum extent feasible? We're not saying that it's going to be an absolute thing that's going to be done? CHAIRMAN STRAIN: I think that's the intent, the best -- to put the best efforts -- MS. SCOTT: Yes. The comprehensive pathway plan only addresses arterials and collectors. It does have a few local roads identified in there. But as far as county dollars are concerned, I need a little bit of flexibility to spend dollars when the school calls and says they have an immediate need, and it may not necessarily be identified in this comprehensive pathway plan, but I need to go out and address an Page 15 March 30, 2006 immediate need. CHAIRMAN STRAIN: Thank you. Okay, we left off on Page 9. Any questions on 9? (No response) CHAIRMAN STRAIN: Page 10? (No response) CHAIRMAN STRAIN: Page 11? I have one question on page 11, it's Item D up on top. It's talking about impacts in the TCEA. And in D you've added affordable workforce, but you've limited it to 80 percent. And I do know that there's an effort now in the county and there's a table adopted just recently on Tuesday to work with up to 150 percent, I think it is. How does that fit in if it's not utilized here? MR. WEEKS: I'm looking at Cormac to help out a little bit. I believe the basis was that using the existing term of affordable housing did only apply, or still does only apply to 80 percent or less of the median household income. So we were changing the language here just to explicitly state the 80 percent to reflect what the original intent was. CHAIRMAN STRAIN: My question is why is that -- why isn't the intent just to go with the full range? Because we just developed a matrix that's beneficial to the full range, so why wouldn't we want to use that? MR. GIBLIN: Commissioner, Cormac Giblin, Housing and Grants Manager. I think the answer to your question was we just did it. So it would be appropriate now to make that change. CHAIRMAN STRAIN: Ah. Okay, good. So David, then you can make that change? MR. WEEKS: Yes. Cormac, for clarification then, we would strike the added phrase at 80 percent or less of median income? Page 16 March 30,2006 MR. GIBLIN: Correct. MR. WEEKS: Thank you. CHAIRMAN STRAIN: Page 12? (No response) CHAIRMAN STRAIN: Page 13? (No response) CHAIRMAN STRAIN: Page 14? (No response) CHAIRMAN STRAIN: Page 15? (No response) CHAIRMAN STRAIN: Page 16? (No response) CHAIRMAN STRAIN: By the way, I noticed that staff has put some verbiage in here about our questioning and then their clarification. David, I think your clarification works well. So I like the language a lot better in the areas that you did pick up on. MR. WEEKS: Thank, you, Mr. Schmidt. Corby did that. CHAIRMAN STRAIN: Okay. Thank you. Is your last name Schmidt? MR. SCHMIDT: It is. CHAIRMAN STRAIN: You don't look like your dad. (Laughter) MR. WEEKS: Different spelling. MR. SCHMIDT: It's an extended family. CHAIRMAN STRAIN: Page 17? (No response) CHAIRMAN STRAIN: Page 18? David, I had a question on Page 18, and it was back about policy 11.3 and turning over the airport to Everglades City. (At which time, Mr. Kolflat entered the boardroom) CHAIRMAN STRAIN: I'm still concerned that that airport could provide tremendous access for county residents to an inland Page 1 7 March 30, 2006 waterway that we have virtually now no private access to, or it's so limited it's almost useless. And while it's being used as an air park, I understand the need for Everglades City, although I seriously don't think it's used enough, but couldn't we provide a language that would require a reverter clause in the deed that would go to them, so that if they ever decided not to use it as an air park in any capacity whatsoever it would revert back to the county for use as the county sees fit, maybe a boat launch ramp site or something like that? MR. SCOTT: After the meeting, I followed up with Everglades City on some of the issues in trying to figure out who actually added this language over the last six years, and pretty much had a long discussion about how the master plan was supposed to be updated at a certain time. And I still have some more data that I haven't gone through, but I wasn't comfortable just striking the language without some discussion with the board as to where they wanted to go from there. From that aspect, I welcome any comment you want to make as we forward this to the board. CHAIRMAN STRAIN: Well, I certainly think that to protect the citizens of the county who already own the property, if they want to have access to that backwater area, they're not going to have it unless -- this isn't giving it to them right now, but if for any reason it stops being used as an airport, why shouldn't the citizens of Collier County then retain that right to have access to those backwaters? That's my only point. MR. SCOTT: And I don't disagree. I think the language came more from the aspect of when they considered MPO funding in transportation and airports, trying to protect the airport interest side of it. But obviously if that goes away in the future, based on whatever happens in the area, I'm not sure that's a problem. Page 18 March 30, 2006 CHAIRMAN STRAIN: I mean, honestly, for that to become useful to a wider array of citizens than just the airport is now, I think the city would actually benefit from the tourism they would receive from that. MR. SCOTT: They might have some interest in some other use, too so-- , CHAIRMAN STRAIN: If there's no objection from the panel. Mr. Schiffer? COMMISSIONER SCHIFFER: I have a general question on transportation. Is now the time? CHAIRMAN STRAIN: Well, I'd like to get done with Policy 11. 3 first. COMMISSIONER TUFF: I would have an objection. Just that that land was -- that area, it was Everglades City's property and they had an airport on it, and the county said that we can do a better job for you, so they gave it to the county to do a better job with the airport. If that were to be removed from being an airport, I believe they should have it back to do as -- it's their decision, it's their property, it's their -- they gave it as a gift under contingency that it would be an airport. If it's not, then I believe it should go back to the rights of the citizens that gave it to them. CHAIRMAN STRAIN: Have you seen the project to the north adjacent to the airport that's almost on the airport property going in right now? Do you know the price of those condominiums? Do you know how valuable this property is overlooking those backwaters? Do you know how sometimes cash strapped small communities are, especially when they need to upgrade their sewer plants or water treatment facilities or things like that? The potential for this to go to a private enterprise to become high-rise condominiums is extremely great. I certainly would not want to see that happen to another waterfront piece of property in Collier County. For that reason, I certainly would like to see this Page 19 March 30, 2006 commission's support adding language or a reverter clause being added, should Everglades City not use that property as an air park. MS. STUDENT-STIRLING: Perhaps -- I have a little concern about putting language that ought to be in a deed in this document. But perhaps we could put some more general language that in the event that it's not used for an airport, it will revert to the county. And then that could serve as guidance when they negotiate and do prepare the documents, then it could be -- you know, be reflective of the compo plan language in the deed, that way. CHAIRMAN STRAIN: That's kind of where I was headed. MS. STUDENT-STIRLING: Okay. I thought maybe you were going to put language the deed shall say. CHAIRMAN STRAIN: Oh, no, I just wanted to make sure there was some suggested -- and I understand Mr. Tuffs objection to it. Although I'm just concerned about the potential of it going to private high-rises, which is already happening right around that air park. COMMISSIONER TUFF: And I just don't believe that's our prerogative to tell them what to do. I mean, it's like some big guy over here tells this little guy how he's going to run his life. I believe they're citizens, they pay their taxes, they do their things and they -- it was given only to the county to run as an airport. If that should cease, then it should go back to the city for them to decide. It's not our prerogative to tell them what to do. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I have a question. Does the county own that property? If we own it, we have the right to make a decision right or wrong. But if we don't own it, I guess it's moot. MR. SCOTT: Obviously this raises more questions to be discussed with the City of Everglades, too. CHAIRMAN STRAIN: Well, I mean, I think before this day's over, there's going to be questions to be discussed with other cities in this county as well, based on the housing element. Page 20 March 30, 2006 But with this one, my suggestion still stands. What's the feeling of this panel? COMMISSIONER MURRAY: I don't disagree. As long as we own it, we have the right to make that decision. COMMISSIONER ADELSTEIN: We do. We own it now. They deeded it to us. It's ours. COMMISSIONER TUFF: To run as an airport. COMMISSIONER ADELSTEIN: But it's in the county's prOVInce now. CHAIRMAN STRAIN: All I'm suggesting is -- Ms. Student? MS. STUDENT-STIRLING: The property ownership probably needs to be checked. And also, if it was conveyed to the county, documents doing that to make sure there's no contingencies in those documents as well. And that all needs to be checked before I feel comfortable absolutely putting something in here. I mean, we can, but we just need to check first to see what we're dealing with. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I just wanted to support Russell. I believe that if they gave it to make an airport, then they should get it back. But I think Margie, what she just said is going to trump anything we want to do anyway. CHAIRMAN STRAIN: Consensus of the panel? My suggestion still stands. You've heard other opinions. All those that -- did you have a comment? COMMISSIONER CARON: No, I was just going to say, I agree with what you're saying. I think that the further investigation that Margie is talking about needs to be done before it gets to the BCC. I think we can recommend that if we own this property, we can move forward with revised language. And we would recommend that if we own the property. COMMISSIONER MURRAY: I would say again, if it's Page 21 March 30, 2006 unencumbered, if we own it without reverters from there, Everglades, then fine, we should control it. Then I would advocate your position. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Well, I would be prepared to vote on something if we, you know, had in mind the fact that make sure that there's no encumbrances on it first. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Is the property within the City of Everglades? CHAIRMAN STRAIN: Yes, it is. COMMISSIONER SCHIFFER: So wouldn't they govern what's built on it now anyway? MS. STUDENT -STIRLING: The County can own property within a municipality, and then it gets dicey about regulations and what controls and so on. But the county can own property within another jurisdiction, a municipality within the county anyway. COMMISSIONER SCHIFFER: I understand that, but I do think it's under their domain what the use of it is now anyway. So if it doesn't become an airport, it's going to be what they want it to be. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: How about subject to the county having it if in fact it is viable to them and legally acceptable to them? CHAIRMAN STRAIN: Well, I think basically any changes would have to be after Ms. Student did whatever research -- COMMISSIONER ADELSTEIN: But we're giving her leeway to do that. CHAIRMAN STRAIN: Right. That's what this whole discussion is about. Mr. Kolflat, did you have any -- okay. Well, seems like the consensus is that some language be added if Page 22 March 30, 2006 Ms. Student feels it's appropriate after her research with regards to the operation, if it ceases to be an airport. COMMISSIONER MIDNEY: Let's vote and see what the consensus is between you and Mr. Tuff. CHAIRMAN STRAIN: I thought we just took as poll. Okay. I was going to vote on the whole thing at the end but we can vote on this one. COMMISSIONER MIDNEY: I would like to see what the breakdown is on this particular point. CHAIRMAN STRAIN: Okay. On this particular issue, all those in favor of seeing, through appropriate research and consensus from the county attorney's office, a suggestion being added to this paragraph that in the case if it ceases to be an airport, the county can then regain control of that property. COMMISSIONER SCHIFFER: What does' that mean exactly? It becomes part of the county or -- if they own it, they control it. CHAIRMAN STRAIN: It's part of the county-- COMMISSIONER SCHIFFER: It's part of the county now, but I mean, it's governed by the city, within the jurisdiction of the city. CHAIRMAN STRAIN: Well, Brad, the way it's being put forth now is the county owns it and is going to turn it over to the city. That's a good thing for the city, they get their airport back, everything's fine. My suggestion is if they for some reason decide not to run it as an airport, in order to avoid it going into private hands that the county then regain control of the property, then the county then can decide what to do with it. That's my -- COMMISSIONER SCHIFFER: I don't know what control means, that's all. I mean, in other words you're saying that we give it back to the city, now the city owns it and it's within the jurisdiction of the city, yet they have to get permission from the county to do anything. Page 23 March 30, 2006 CHAIRMAN STRAIN: Well, I don't know if you're familiar with reverter clauses in deeds, but when you issue a deed and if you have a reverter clause in it and the purpose for which you issued a deed for the property no longer is used for that, it reverts back to the pnor owner. That's the same suggestion here. Although as Ms. Student said, we can't write deeds in the GMP. So I was trying to politely suggest it as something that would highlight it at the time this would actually occur in the future. COMMISSIONER SCHIFFER: I think what you're saying is that if it reverts back to the city, which I do understand what that is, we still are going to have a control on it. CHAIRMAN STRAIN: It would revert back to the county. COMMISSIONER SCHIFFER: It would revert back to the county? CHAIRMAN STRAIN: If the county gives it to the city and the city were to cease using it for an airport, it would revert back to the county . COMMISSIONER SCHIFFER: Okay, I'm sorry, I do have it backward. N ever mind. CHAIRMAN STRAIN: I'm trying to figure out how we get through this. COMMISSIONER MIDNEY: I understand your suggestion, Mark. CHAIRMAN STRAIN: Okay. All those in favor of the suggestion I just made, please signify by raising your hand. COMMISSIONER SCHIFFER: (Raises hand). I now support it. COMMISSIONER ADELSTEIN: (Raises hand) COMMISSIONER CARON: (Raises hand) COMMISSIONER MURRAY: (Raises hand) COMMISSIONER KOLFLAT: (Raises hand) CHAIRMAN STRAIN: (Raises hand) Page 24 March 30, 2006 All those opposed? COMMISSIONER MIDNEY: (Raises hand) COMMISSIONER TUFF: (Raises hand) CHAIRMAN STRAIN: Okay, so now it's eight to -- I mean there's eight people here, 6-2, okay, in favor of the language. Thank you. We got through it. Page 19? (N 0 response) CHAIRMAN STRAIN: That's it. Then the transportation element. COMMISSIONER SCHIFFER: I have a general transportation topic. CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: The concept of peak hour basis, there's really no definition to it, other than what the transportation department comes up with as peak hour, correct? MR. SCOTT: It's whatever the -- on any given road, peak hour can be different. You know, it could be 2:00 in the afternoon. Not usually. But also 5:00 in the afternoon. Whatever the highest traffic volume hour is for that roadway. COMMISSIONER SCHIFFER: Okay. MR. SCOTT: And obviously when we get into A.M. analysis, which we talked about before, the peak hour of the day could be A.M. in some areas and P.M. somewhere else. COMMISSIONER SCHIFFER: So what you're saying, the reason we don't use A.M. hours now is we don't have that data? MR. SCOTT: A lot of data has to be collected, that's correct. COMMISSIONER SCHIFFER: Okay. But once you collect it, the peak hours could be anywhere it falls. MR. SCOTT: Yes. COMMISSIONER SCHIFFER: Okay, thanks. Page 25 March 30, 2006 CHAIRMAN STRAIN: Okay, is there a motion to approve, subj ect to the recommendations as discussed today and those provided to us by staff from our prior meetings? COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Seconded by? COMMISSIONER ADELSTEIN: I'll second. CHAIRMAN STRAIN: Mr. Adelstein. Any discussion? (No response) CHAIRMAN STRAIN: All those-- COMMISSIONER TUFF: So if you're not in favor of that one part where I still -- it would be appropriate to -- and I approve the rest, would that -- or is that already stated because we voted that down on that measure? CHAIRMAN STRAIN: It's already been stated. MS. STUDENT-STIRLING: It's already on the record. CHAIRMAN STRAIN: All those in favor of the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Anybody opposed? (N 0 response) CHAIRMAN STRAIN: Nobody's opposed. Motion carries, 8-0. Thank you. MR. COHEN: Mr. Chairman, just to let you know, Ms. Mosca is on her way. Page 26 March 30, 2006 CHAIRMAN STRAIN: Excellent. Thank you. And for the record, Mr. Kolflat had arrived earlier. I missed seeing the exact time he came in. Sanitary sewer sub-element. By the way, for the court reporter, we'll try to break between 10:00 and 10:30, depending on our Immokalee discussion, if that's okay. Good morning. I heard a bad rumor about you. MR. VAN LENGEN: It's not such a bad rumor. CHAIRMAN STRAIN: I heard you might be leaving us. MR. VAN LENGEN: As long as it's on the record, I just want to say that Collier County is probably the best employer I've ever had to date. CHAIRMAN STRAIN: Well, you certainly have been a pleasure and very professional to deal with. We're going to miss you. MR. VAN LENGEN: I appreciate it, thank you. CHAIRMAN STRAIN: Sorry to see another person leave. Page 1 of the sanitary sewer sub-element? (No response) CHAIRMAN STRAIN: Page 2? (No response) CHAIRMAN STRAIN: Page 3? Ms. Caron? COMMISSIONER CARON: Yeah, there were language changes here obviously in 1.5 and 1.6 which I would just like to have staff review. CHAIRMAN STRAIN: You mean explain? COMMISSIONER CARON: Yes. MR. GRAMATGES: Good morning, Phil Gramatges, Public Utilities Engineering. Can you be more specific, please, as to what you would like us to discuss? COMMISSIONER CARON: The changes that you've made. Page 27 March 30, 2006 Review them for the record. MR. GRAMATGES: Okay, sure. The first change would be under Policy 1.5. We added within 200 lineal feet of the closest property line. And again, in the next to the last line on that paragraph, also within 200 lineal feet of the property line, which is the way the ordinance reads. CHAIRMAN STRAIN: And that's something I think that we pointed out as a board, because if you were to leave it like it was before, someone could be a half a mile away with a sewer line and say they've got to tie in. This limits them to a 200-foot distance. MR. GRAMATGES: Yes, indeed. Yes. COMMISSIONER CARON: Yes. And I understand. Ijust wanted to have it on the record, because all that was stated in our meeting was that we would change that language. So I think the language change should be in the record. CHAIRMAN STRAIN: Okay. Did you have a similar request on 1.6? COMMISSIONER CARON: On 1.6. MR. GRAMATGES: Yes, 1.6 we changed on the first line of the first paragraph the word will for the word shall. And then on the third line we added where septic tank use and struck out of high concentrations of septic tanks for such facilities. CHAIRMAN STRAIN: Phil, I had a question about that particular one. MR. GRAMATGES: Yes, sir. CHAIRMAN STRAIN: The word after the strike out, it says may reasonably be expected to adversely affect public health and safety or the environment. I'm still concerned about the use of the words may reasonably be expected, only because what is reasonably affecting the public health, safety and environment is really very objective in different people's Page 28 March 30,2006 minds. Marco Island right now has an issue going on with their sewer systems. And there's people down there that say the sewer and septics are fine, and others say there aren't. I'm wondering if reasonably is a -- there's as better word than reasonably to be used there. MR. COHEN: Mr. Chairman, might I suggest using the word could rather than may reasonably? MR. GRAMATGES: That would be acceptable to us, if it is to you. CHAIRMAN STRAIN: Is there any criteria at some point that triggers something to go from being acceptable and not acceptable to the public health, safety and/or the environment? MR. GRAMATGES: I can't answer that, but it would say that that would be very difficult to do objectively. Now, there are of course regulations as to the level of coliforms that you can find in the effluent and the level of certain contaminants that you can find under water that is tested in the area, and that definitely will determine whether or not we are within or outside the regulations. As to being able to go before that happens and try to anticipate that, yeah, there is a level of subjectivity here that I don't see how we can avoid. CHAIRMAN STRAIN: Well, if you were to strike the words from may all the way down to the word or, and just say that sewage treatment plants and where septic tank use fails to meet the performance standards for such facilities in Chapter 64, E.6 F AC, then you've got standards tied to a performance that you know is quantified. MR. GRAMATGES: That certainly would be acceptable to us. So we will strike out anything from may to or. CHAIRMAN STRAIN: Right. And then the sentence will just pick up with the word fail, you add an S so it, where septic tank use fails to meet performance standards. Page 29 March 30, 2006 MR. GRAMATGES: Yeah, we would need to change fail to fails. CHAIRMAN STRAIN: Right. I think that provides an ability for everybody to understand what quality -- MR. GRAMATGES: Sure, we will make those changes. CHAIRMAN STRAIN: Okay, thank you. MR. GRAMATGES: Continuing on under Policy 1.7, the last line on that first paragraph, we changed will to shall. CHAIRMAN STRAIN: And just out of curiosity, because there's a lot of red-lining in this book, it's on record if it's in this book today, isn't it? MS. STUDENT-STIRLING: Yes, it-- CHAIRMAN STRAIN: I'm trying to get to Ms. Caron's concern. MS. STUDENT -STIRLING: Yeah, I believe it's on the record, because the book is part of the record of this proceeding. CHAIRMAN STRAIN: Does that work for you, Donna? COMMISSIONER CARON: It will in some cases and it won't in others. CHAIRMAN STRAIN: Okay. Page 7? (No response) CHAIRMAN STRAIN: Page 8? (No response) CHAIRMAN STRAIN: Page 9? I have a question on the top, Policy 4.6 that was added. It says the county shall promote the use of xeriscape techniques to minimize potable water use for landscape irrigation. I would suggest maybe a period there, because the rest of it is a given without stating it here. And if you state it here and some of those references are expanded or added to in other parts of the codes, we may have a problem bringing those in if this is what the GMP is specifically referencing. MR. GRAMA TGES: In other words, Mr. Chairman, you're Page 30 March 30, 2006 suggesting that we eliminate everything after irrigation? CHAIRMAN STRAIN: Yes. Wouldn't that accomplish the same goal? Because if you do it, you've to be consistent with the codes anyway. MR. GRAMATGES: Absolutely. And by the way, as you will remember, the reason we made this change is because we wanted the language in the wastewater sub-element to resemble or to be exactly the same as in the water. So we will change it there as well. CHAIRMAN STRAIN: I would hope so, yes. Is that okay? MR. GRAMATGES: Certainly. CHAIRMAN STRAIN: Thank you. And the last section is Page 10. (N 0 response) CHAIRMAN STRAIN: No questions. We have finished with the sanitary sewer sub-element and I would entertain a motion to recommend approval with the changes we've discussed today as well as the changes incorporated by staff for today's meeting. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by? COMMISSIONER CARON: I'll second it. CHAIRMAN STRAIN: Commissioner Caron. All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. Page 31 March 30, 2006 CHAIRMAN STRAIN: Aye. Anybody opposed? (No response) CHAIRMAN STRAIN: Motion carries 8-0. MR. COHEN: Mr. Chairman, for the record, Ms. Mosca has arrived. CHAIRMAN STRAIN: She's hiding. She is, behind Richard. Well then why don't we start on the Immokalee -- jump right straight to the Immokalee master plan now so we can make sure we have time to finish before Mr. Midney leaves. That is the third tab from the back of our book. When we finish with this, we'll go back to potable water. Good morning, Michelle. MS. MOSCA: Good morning. For the record, Michelle Mosca, with the Comprehensive Planning Staff. CHAIRMAN STRAIN: I know that probably the most urgent issue that we need to ask you about was the request that you solicit input from the master plan committee that's working in Immokalee or any others out there that may have input in regards to the density of increases for affordable housing. Did you have any input from them? MS. MOSCA: I did send the e-mail correspondence, as stated I would. I did not receive enough responses in order to form a consensus from anyone of the committees. CHAIRMAN STRAIN: Did you receive any responses? MS. MOSCA: Yes, I did. CHAIRMAN STRAIN: Were they for or against? MS. MOSCA: One was to defer -- I actually categorized them. I said to either adopt the language as stated, adopt with modifications. The other was to defer. And I'm trying to think of the other one. The other one was to defer and we'd work with the consultant out in Immokalee to identify the needs or the areas where affordable housing Page 32 March 30, 2006 might be most appropriate. So the two statements that I received -- the two responses that I received, one was to defer and allow the consultant to work with the community. And the other was adopt, but they wanted to see the table that's being prepared for the BCC. CHAIRMAN STRAIN: Which was approved on Tuesday. MS. MOSCA: Yes. CHAIRMAN STRAIN: Okay. The other comment I wanted to make sure, now that we've got your input, when this was discussed by this panel last time, there was a follow-up report supplied from Mr. Schmitt, and I'm sure you all saw it, that indicated something to the effect that it looked like maybe we were trying to dump this added density out in Immokalee for affordable housing. I don't think that was the intent of this board and I want to make the record clear on that. We would have struck it unilaterally from the entire recommendation of the code, but Mr. Midney being a resident out there and a representative of Immokalee on this panel, suggested that it might be better to leave that in for Immokalee. And it was for that reason that we left it in. And with that I'm still going to defer to him today to any further comments he may have, or any input you may have garnered from citizens out there in regards to this issue. COMMISSIONER MIDNEY: Do you want to start there or start from the beginning? Might as well start from the beginning, because it won't take that long. CHAIRMAN STRAIN: Okay. Well, I was -- well, the changes that were made were so minor, I figured we were going to end up there before we had any comments. Page I? (No response) CHAIRMAN STRAIN: Page 2? (No response) Page 33 March 30, 2006 CHAIRMAN STRAIN: Page 3? (No response) CHAIRMAN STRAIN: Page 4? (No response) CHAIRMAN STRAIN: Page 5? (No response) CHAIRMAN STRAIN: Page 6? (N 0 response) CHAIRMAN STRAIN: Page 7? (No response) CHAIRMAN STRAIN: Page 8? (No response) CHAIRMAN STRAIN: Page 9? (No response) CHAIRMAN STRAIN: Page 10? (No response) CHAIRMAN STRAIN: Page II? (No response) CHAIRMAN STRAIN: Page 12? (N 0 response) CHAIRMAN STRAIN: Page 13? (N 0 response) CHAIRMAN STRAIN: Page 14? (N 0 response) CHAIRMAN STRAIN: Page 17? I'm just kidding. Paul's been waiting for 15. Okay, Paul, we're there. COMMISSIONER MIDNEY: 16, right? CHAIRMAN STRAIN: Actually, yes, 15 and 16. That's where your density bonuses start. COMMISSIONER MIDNEY: Michelle, I saw the one letter from Fred Thomas, which I got as an e-mail. I didn't see the other one. But I interpreted basically that he was in favor of allowing this Page 34 March 30, 2006 so-called workforce housing bonus by right to go through. I didn't see the other e-mail. MS. MOSCA: I did receive that, as well. And then in a follow-up e-mail he said before he made a definitive decision he wanted to see the table. COMMISSIONER MIDNEY: I don't think that -- the name affordable housing by right I think is a little bit misleading, because it sounds as though, oh, you know, you can put -- you can just dump 16 units per acre anywhere, you know, without any process. And I think this panel should consider that really, this is a compromise, it's not just saying that you can automatically increase, you know, just willy-nilly the density of affordable housing in an urban area, and particularly in Immokalee. If you go through the public here, you can get eight units an acre. Your density by right is just for four units an acre. And it's only in the urban area where we encourage development anyway. The applicant will still have to meet the requirements of concurrency, the LDC, building reviews and everything. And I think that it's important. It really is important in the whole county. Some people have interpreted it to say well, any affordable housing project that's proposed for Immokalee is going to get in. They've never been denied yet, they never will in the future. But I think we're getting to the point now where we could have problems even in Immokalee getting any public housing through, as the land . . pnces are gOIng up. As I mentioned in the previous meeting, in the Arrowhead subdivision, those were supposed to be a high proportion of affordable housing. Now the cheapest unit is starting at $250,000. So everything . . IS gOIng up. And the land is becoming more valuable. Developers have said that in order for them to even consider going with any affordable housing, as opposed to just doing half a million dollar homes where Page 35 March 30, 2006 they don't have to go through any review because it's an automatic thing, they need to have some -- get rid of some of the uncertainty about proposing affordable housing. I think all of the members of this panel are in favor of affordable housing, without question. Every single one. But there's always a trade-off between affordable housing and density and the environment. Those three things are the things that seem to guide our discussions a lot. And I know that we all have a strong feeling that we don't want to unnecessarily increase the density, because that causes a lot of problems with transportation and schools and everything else. But if we don't do something -- right now we're basically doing very little to encourage affordable housing. And you can see the results, very few projects are coming through. If we don't do something more than what we're doing, I don't think we can expect to see things improve in terms of being able to find houses for teachers, for nurses, for police, for basically wage earners. And what you end up with is a kind of de facto segregation where you have all the young families either in Immokalee or not even in the county at all, all the families with children, the ones that are trying to get a start. And when you have these hearings before this board and the BCC, you never see the young families there, the wage earners, the kids there who are the ones that are really going to benefit from affordable housing. You see the older people who have already got good incomes and can afford these higher priced market rate houses who are the ones who come to the meetings. So I think that if we want to do something to improve the opportunity, yes, it's going to infringe a little bit on some of the rights, but you're only talking about an increase of density of four units an acre only in the urban areas where we are encouraging the Page 36 March 30, 2006 development to take place. And I think sometimes we have to do something that's for the common good of the community as a whole. And that's why I feel that this affordable housing by right should be something that should be adopted, certainly in Immokalee. I think it should be for the rest of the county, but at least in Immokalee. CHAIRMAN STRAIN: Okay. And I think last time when we talked to Ms. Student, she indicated that we need to have some kind of unique application in order to show that we're not trying to over-saturate any particular part of the county. MS. STUDENT-STIRLING: Right. My concern was a provision in the regulatory language about undue concentrations of affordable housing. But I think if we have enough backup information to submit to the DCA on this, that we should be okay. CHAIRMAN STRAIN: Right. And that's where I was going, based on Mr. Midney's comments and based on the fact that it is a community that is basically agriculturally orientated (sic). They do have unique and different characteristics than the rest of the county. And I think that's been acknowledged many times. For that reason, I think that with Mr. Midney's recommendations as well, I have no objection to leaving this in that particular portion of the AUIR. Ms. Student, then Mr. Midney. MS. STUDENT -STIRLING: And just for the record, I think we should note as part of our submittal, it's been my understanding from previous hearings that a lot of the folks in Immokalee don't have vehicles so -- and they work there. So they need to have the housing near their jobs, if they don't have vehicles, so they can get to their jobs from their houses. So I think that's an important consideration. COMMISSIONER MIDNEY: That's a very good point. And just to underscore, which I also mentioned in the last meeting, but to say it again, you know, we have in the past had affordable housing generated in Immokalee. And a lot of people sayr Page 37 March 30, 2006 well, you did it the wrong way because, you know, you put in a lot of trailers, you put in a lot of substandard housing. Nevertheless, that is housing for people to live in. And people need housing. Now, if we're going to be raising the standards in general, we have to have some other mechanism to encourage affordable housing. And I think this is not wholesale, you know, you can build 16 units an acre wherever you want. We're only increasing it by four units. I think it's a very reasonable compromise. MS. MOSCA: Mr. Chairman, if I may? CHAIRMAN STRAIN: Yes, Ms. Mosca. MS. MOSCA: I do have some concerns, as staff and the current liaison to both the master plan committee and the CRA. What I would suggest doing is deferring this so that we could work with a consultant to identify areas that may be more suited for the affordable housing, perhaps not on the main corridors, while we're going through this planning and visioning process throughout the entire community. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: How long will that take? MS. MOSCA: It's been somewhat lengthy. I'm hoping less than a year, but I can't say definitively. COMMISSIONER ADELSTEIN: I don't think they want to keep us waiting a year. Let's do it. MS. MOSCA: We do have affordable housing provisions already available within the Immokalee urban area. CHAIRMAN STRAIN: Michelle, we need to move a recommendation forward today. So I don't think we're in a position where we can defer our decision on the EAR today. Now, as far as this policy being taken out, the lack of objection coming from Immokalee over the last two-week period when we had requested information and the recommendations from the representative of Immokalee on this panel, I'm inclined to leave the language as it is. And if you have any changes that need to be made, Page 38 March 30, 2006 maybe they would be better presented at the next level up when it gets past us and goes towards the BCC. MS. MOSCA: Mr. Chairman, I'll also be presenting this language at the April 4th meeting. We also discussed that as well. So we'll have public input prior to the board hearing. CHAIRMAN STRAIN: April 4th meeting? MS. MOSCA: April 4th meeting out in Immokalee, we have the committees. We had mentioned that last time. CHAIRMAN STRAIN: We won't be meeting -- we may not be meeting on the 4th. COMMISSIONER MIDNEY: We won't, but that -- what she's talking about is the civic association, combined with the master plan. And there should be a lot of people there. So that will at least inform the BCC. CHAIRMAN STRAIN: Right, that's what I was hoping. Okay, Mr. Midney, I understand then that you're in favor of leaving Page 16 like it is? COMMISSIONER MIDNEY: Yes. CHAIRMAN STRAIN: Mr. Weeks? MR. WEEKS: Mr. Chairman, I just want to clarify one matter. The practical -- Mr. Midney used some numbers that I disagreed with. I just want to get it clear on the record. The existing provision for affordable housing density bonus through the rezone process is not changing. So that would be a bonus of eight units per acre on top of your eligible base density, all of which is subjective, that is, discretionary by the Board of County Commissioners. The affordable housing density bonus by right that's being proposed is a bonus of four units per acre, but also granting the base density of four units per acre by right as well, so there's no discretion. So that the practical effect is a difference between eight units per acre can be granted by right up to 12 units per acre could be granted Page 39 March 30, 2006 through a public hearing process. COMMISSIONER MURRAY: May I? CHAIRMAN STRAIN: Yes, Mr. Murray. COMMISSIONER MURRAY: Mr. Weeks, do I understand that to mean that ifby right that's it and there is no -- they can make no attempt to get additional bonus units in any way? That's it? MR. WEEKS: Any additional bonuses that the project might qualify for would have to be through a public hearing process. COMMISSIONER MURRAY: Okay. But that still would fly. MR. WEEKS: Still available, yes, sir. CHAIRMAN STRAIN: Okay. Any questions on Page 17? (N 0 response) CHAIRMAN STRAIN: Page 18? (No response) CHAIRMAN STRAIN: Page 19? (No response) CHAIRMAN STRAIN: Page 20? (No response) CHAIRMAN STRAIN: Then we have a map. Hearing no questions, Mr. Midney, I bet you'd like to make a motion for the In1illokalee area master -- COMMISSIONER MIDNEY: Yes, I'd like to have this approved as discussed. CHAIRMAN STRAIN: And as provided by staff? COMMISSIONER MIDNEY: As provided by staff, yes. CHAIRMAN STRAIN: Is there a second? COMMISSIONER SCHIFFER: I'll second. CHAIRMAN STRAIN: Second by Mr. Schiffer. Motion made and seconded. But discussion, I have just one comment, and I'd like to make the comment on the public record again so that it's not misconstrued. This is not an attempt by anybody on this panel to dump density into Page 40 March 30,2006 Immokalee. It's as a result of recommendations because of unique circumstances that we have been provided with today for this to occur in the Immokalee area. So I would hope that that message goes loud and clear to anybody writing reports on this particular action today. Are there any other comments? (No response) CHAIRMAN STRAIN: Hearing none, I'll call for the question. All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (N 0 response) CHAIRMAN STRAIN: Motion carries 8-0. Thank you. Thank you, Michelle. MS. MOSCA: You're welcome. CHAIRMAN STRAIN: And Mr. Schiffer? COMMISSIONER SCHIFFER: Since Paul is leaving, could we go into the housing element first? CHAIRMAN STRAIN: I told everybody we would work in order. I need to keep that up because we have staff and consultants here. That was a discussion I had with staff before today's meeting. COMMISSIONER SCHIFFER: All right. CHAIRMAN STRAIN: I need to continue it in that order. And we'll go right to the potable sub-element right now. CHAIRMAN STRAIN: Page I? Page 41 March 30, 2006 (No response) CHAIRMAN STRAIN: Page 2? (No response) CHAIRMAN STRAIN: Page 3? (No response) CHAIRMAN STRAIN: Page 4? (No response) CHAIRMAN STRAIN: Page 5? COMMISSIONER MURRAY: I just have a question. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I need to understand, gpcd is gallons per hundred per day? I'm not really clear on what that represents. MR. GRAMATGES: Phil Gramatges, public utilities . . engIneenng. It's gallons per capita per day. COMMISSIONER MURRAY: Capita. That's just -- okay, thank you. CHAIRMAN STRAIN: Page 6? (No response) CHAIRMAN STRAIN: Page 7? (No response) CHAIRMAN STRAIN: Page 8? (No response) CHAIRMAN STRAIN: Page 9? (No response) CHAIRMAN STRAIN: Page 10? And this is \vhere on the top of Page 10, Phil, we're going to be making corrections? MR. GRAMATGES: Yes, Mr. Chairman, I've already made notes for that. CHAIRMAN STRAIN: The Policy 4.7, the county shall seek to Page 42 March 30, 2006 expand the availability of irrigation water from supplemental sources through connection of such sources to the county's reclaimed water system. What about other sources of irrigation water? Does it have to be just reclaimed water that the county would be pumping? Couldn't the county utilize other sources, like ASR? MR. GRAMATGES: No. In fact, the term irrigation water encompasses not only reclaimed water, it encompasses ASR water, it encompasses stonnwater, recovered stormwater or storage stormwater, and any other means of utilizing water that otherwise would be wasted. CHAIRMAN STRAIN: Okay. I wanted to make sure this doesn't limit it to effluent type water. MR. GRAMATGES: It does not. CHAIRMAN STRAIN: Any other questions on 10? (No response) CHAIRMAN STRAIN: Any questions on number II? (No response) CHAIRMAN STRAIN: Okay, is there a motion to approve the potable water sub-element -- COMMISSIONER MURRAY: Make a motion. CHAIRMAN STRAIN: -- subject to the corrections and discussions made by us and staff. COMMISSIONER MURRAY: Make the motion. CHAIRMAN STRAIN: Motion made by Mr. Murray, seconded by? COMMISSIONER MIDNEY: Second. CHAIRMAN STRAIN: Mr. Midney. All those in favor, signify by saying aye. COMMISSTONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. Page 43 March 30, 2006 COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response) CHAIRMAN STRAIN: Motion carries 8-0. Next element is the drainage sub-element. Page 1 of tne drainage sub-element? (No response) CHAIRMAN STRAIN: Page 2? (No response) CHAIRMAN STRAIN: Page 3? COMMISS lONER MURRAY: I have a question. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: On Policy 1.5, in the sentence watershed management plans will be undertaken. My note to myself here is that we're speaking about basins, boundaries. Are the boundaries clear] y defined? MR. CALVERT: Gene Calvert, stormwater management, department of tr8nsportation division. Yes, the boundaries are clearly defined. They were defined in a study, master p1811 study that was completed in the 1990's. COMMISS lONER MURRAY: Thank you. MR. V ANLENGEN: Kris Van Lengen for the record. Also, I believe that those boundaries will be subject to further review as different agencies get together and resolve certain boundary discrepancies between state and local agencies. COMMISSIONER MURRAY: I would expect that. And this information, is it a record retained by stormwater management, is it a map, is it an atlas, is it -- what format is used? Page 44 March 30,2006 MR. CALVERT: It's a series of maps. We have both the larger scale maps withi n the plan, as well as an atlas. COMMISS lONER MURRAY: That's part of the operational norm of the organization? MR. CALVERT: Yes, sir. COMMISS lONER MURRAY: Thank you. CHAIRMAN STRAIN: Okay, question -- anything on Page 4? COMMISS rONER MURRAY: I do. CHAIRMA N STRAIN: Mr. Murray? COMMISSIONER MURRAY: Again, on Policy 2.1, my note to myselfhere, we're speaking about if warranted, and my note is requires a decision, if so, by whom? The level of service would be modified. I mean, at what level is that done? Where is that? Is that an operational norm as well, or is that a group of people, a council? How is that done? MR. CALVERT: The level of service is actually utilized two different ways. One is in the development of -- in the approval permit process for new development, new housing, new subdivision, new PUDs. The other level of service is we utilize it. The other way that we use a level of service is determining the scope of a project we might be implementing, a capital project. Certainly if we look at a level of service A, maybe it is really cost prohibitive doing something like that. It's really al1 older design, if you will. So when we look at levels of service, what's listed in here as C and D, what we're trying to do is maintain a balance of keeping the water quality up, as well as not flooding homes and damaging -- now, there will be flooding in the area, but we're trying to keep the damages down from flooding of the homes. COMMISSIONER MURRAY: What brought that to mind was at the BOCC, there was a lady who stood at that podium there and had a real serious problem with swale. And it appeared that because ity Page 45 March 30, 2006 went back many years, that there wasn't a coordination of effort to realize that this could be prevented. So I'm just wondering if we need to expand out into other parties in order to make sure that we catch it all, so to speak. MR. CALVERT: Certainly it's a joint effort right now between our department, the stormwater that's concerned with capital projects, as well as the CDS, which is concerned with the approval process for new development. It's kind of a shared responsibility of looking at those issues. COMMISSIONER MURRAY: Thank you, Gene. CHAIRMAN STRAIN: David? MR. WEEKS: Mr. Murray, just to further comment, the policy references the level of service standards being changed. And as the policy goes on to explain, those level of service standards both exist in specific ordinances as well as within this element itself. So if a change is warranted, it will have to go through a public hearing process. COMMISSIONER MURRAY: Good, thank you. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Gene, are we going to try to stop this flooding, or are we just going to have to let it go? MR. CALVERT: Are you talking about the watershed management plan? COMMISSIONER ADELSTEIN: Yes. MR. CALVERT: What we're trying to do right now, we're working with CDS to develop a process by how we're going to obtain these goals. Certainly the recommendation from the Planning Commission here is looking at completing these watershed master plans by year 2010, I believe it is, 2010. We're trying to develop a process of how we're going to obtain it. Can we obtain it by 2010'1 I don't know. It's going to be tough. Are we going to try? Yeah, we're going to try.d Page 46 March 30, 2006 CHAIRMAN STRAIN: Okay. Next page would be Page 5? (No response) CHAIRMAN STRAIN: Page 6? (No response) CHAIRMAN STRAIN: Page 7? COMMISSIONER MURRAY: Could I just go back to 6? CHAIRMAN STRAIN: Sure. COMMISSIONER MURRAY: Minor point, I suspect. Policy 3.4. That sentence, I think, Mr. Weeks, or whomever, county improvements to existing drainage facilities shall be given major emphasis. Does that make more sense than shall give? COMMISSIONER ADELSTEIN: Yes. MR. VAN LENGEN: Kris Van Lengen. I believe that would be a grammatical improvement. COMMISSIONER MURRAY: Just a suggestion. CHAIRMAN STRAIN: Page 7? (N 0 response) CHAIRMAN STRAIN: Page 8? (No response) CHAIRMAN STRAIN: Page 9? (No response) CHAIRMAN STRAIN: That's the end of the drainage sub-element. Is there a motion to recommend approval for the sub-element with the changes n1ade by staff and the changes discussed at today's meeting? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Move made by Commissioner Adelstein, seconded by Commissioner Murray. Any discussion? Page 47 March 30, 2006 (No response) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. Nobody opposed. Motion carries 8-0. For the court reporter, we'll take a break at 10:15. Solid waste sub-element would be the next element in our books. Randy, I failed to ask you earlier, but nobody rose up and protested, so I'm assuming we didn't have any public speakers up til now. MR. COHEN : We only have one speaker for this particular element. CHAIRMAN STRAIN: Okay. As we start each element, if you could point out in the beginning of the element that we have a speaker, then I'll know by the end to at least fit the person in. Thank you. Page 1, any questions? COMMISSIONER SCHIFFER: I have one. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And it's actually before Page 1. The table of contents, we can't seem to get that fixed. Would you fix that? In other words, the table of contents that's now in there shows 13 pages; there's only five. It references things that have been long ago melded into different parts of the -- MR. GRAMATGES: Phil Gramatges, Public Utilities Engineering. We'll certainly look into that and we'll correct it as necessary. Page 48 March 30, 2006 COMMISSIONER SCHIFFER: That's the third time we've looked into it. I n1ean, I have it here if you want to see what the bad one looks like. MR. GRAMATGES: I'm sure that Kris has a copy, thank you. CHAIRMAN STRAIN: Anything else on Page 1? (No response) CHAIRMAN STRAIN: Page 2? Phil, I have a question on Page 2, Policy 1.4. And this is going to be consistent in a couple of other references. I think there were two others in the san1e element. Your added language says and/or public workshops. The or bothers me, because basically it doesn't change anything. And I would suggest to you that we'd be better served by crossing out the word or and just saying advertised public meetings and public workshops. MR. GRAMATGES: The reason why we made this change, Mr. Chairman, is because we didn't want to force ourselves to have both at the same time. In some cases a workshop will work better than a public hearing, or vice versa. We felt that if we kept "and" there instead of "and/or," we would be pretty much forced to have both every time we had an issue that needed to be discussed. And that's the reason for this. CHAIRMAN STRAIN: What do you see as the difference between a public Ineeting and a public workshop? MR. GRAMATGES: In my own view, a public meeting would be one in which we sit around the table and we try to discuss issues. A public workshop would include a lot more presentations and a lot more details, specifically, in my mind, technical details. That's my own personal opinion. CHAIRMAN STRAIN: Is there a change or a difference in the public participation in either one of those? MR. GRAMATGES: I believe that the same public will Page 49 March 30, 2006 participate. I believe that the amount of time and the amount of effort will be different. And I believe that the information communicated would be slightly lTIOre technical in one than the other. And once again, this is my own personal opinion. CHAIRMAN STRAIN: Well, I'm more concerned, not if the same public would participate in each one, but the level of their participation. Can they participate more in a public meeting, or can they participate more in a public workshop? Is there a difference there at all? MR. COHEN: Mr. Chairman, it's probably more appropriate for Ms. Student to weigh in on this particular item. MS. STUDENT -STIRLING: I think I have a little different take on the language. And then -- advertise public meeting to me means like a Board of County Commission meeting or a Planning Commission hearing that's advertised and there's public -- obviously an opportunity for the public to come and comment. A workshop is also -- it's not advertised, but it's posted. And the public knows -- and sometimes they're advertised, too. And the public also is aware that they can come and make comments. So I think I don't think the public involvement is any different. But to my nlind, in an advertised public meeting you have a decision being Inade, a formal decision where you need a quorum and so forth. And in a public workshop direction's given for staff to come back with something at a public meeting, advertised public meeting. But a workshop is just that, it's a workshop. So I think there is a distinction, but I do believe that the public input is the sanle for both. CHAIRMAN STRAIN: Well, that's what my goal is, to make sure that public input is available for both. And with that, I'll defer my comment. Page 50 March 30, 2006 Mr. Mun4ay? COMMISSIONER MURRAY: Yeah, It occurs to me -- and that's an interesting distinction that is drawn. It occurs that in certain situations where some members of the public might be frustrated by some of the obj ectives of a given department, you can have a workshop, it will satisfy the intent of this statement, but it would leave them hanging in -- that information, where is it then reported, back to the BCC or the CCPC, or whatever appropriate organization? What I'm saying is will we have an effective and adequate representation of that information back to both the specific organization and the oversight committees, the advisory boards so as to help the public be assured that their input is taken seriously and brought into the process effectively? MR. GRAMATGES: I don't know if I fully understand your question, forgive nle, but are you suggesting that if we have a public workshop without a public meeting that there would not be appropriate action for the information given? Are you suggesting that we should keep both? COMMISSJ ONER MURRAY: No, I'm asking a question that intends to provoke that. In other words, do they both have the same weight? A workshop, a public meeting, do they have the same weight? If they have the same weight, it would seem to me meeting is sufficient and YOll determine whether or not it should be a workshop format or what is commonly done as a nim (phonetic), I guess, where a presentation is 1l1ade. In other 'Nards, are we splitting hairs? Do we really want to make that point about a workshop? MR. GRAl'vIATGES: Well, I would say that no, they don't carry the same weight. But then there are some items that probably are not necessary to bring all the way up to a meeting such as this, that could be resolved without going to that extreme. COMMISSIONER MURRAY: And that's fine. I'm not looking Page 51 March 30, 2006 to have it unless -- my concern would be if there is a situation where the public is offended, I'll use that word, by what the intent of a given organization of county government wants to achieve, do they have the means, is that an adequate means, to make sure their words are understood and heard? If not, they'll be at the BCC or the CCPC anyway. And I'm just asking, are we really creating a question by adding and/or workshop? A meeting -- if they don't have the same weight, then you do have an option on how far you go with that information to whomever. And either it has meaning or it doesn't. CHAIRMAN STRAIN: Before you go too far, Ms. Student may want to weigh in on this. MS. STUI)ENT-STIRLING: Yes, thank you. I again will state what I interpret this to mean. And the advertised public meeting would be like a Board of County Commission 111ecting. And your County Manager could have an item on his agenda or there could -- where you would talk about an issue with solid waste management. It would be under County Manager on his part of the agenda. So -- because when you say advertised public meeting, that to me doesn't mean S01l1e meeting that county staff has. That's a term of art for the legal profession. So to me that means a County Commission meeting. And then public workshops, you could have a workshop on waste management issues where direction -- with the board. Perhaps we've even had -- we've had quite a few workshops; we've maybe even had such a workshop -- where they give direction for staff to do something and bring it ba c k to them at a board meeting. So to me it seems like the way it's worded would be appropriate, because you 111 i ght have a workshop, but you don't have to have one. So that's where the "or" comes in. But it seems to me that you do have the necessity to have the issue discussed at a public meeting. Page 52 March 30, 2006 COMMISSIONER MURRAY: Thank you, Marjorie. I understand where you're coming from. And I'm not trying to create more. But I attended a meeting one time, that it was -- I believe it was to -- I'm trying to remember the detail, but it had to do with water and it had to do with a community area that this meeting was publicly advertised, but it was very preliminary. It was intending to say that sometime in the future we're going to come in possibly and we may do this, this or this. And I wondered if it satisfied the public meeting. Nothing came of that except a lot of annoyance from an audience who didn't understand what was being asked of them and began objecting simply because they had no real -- nothing to work from. So I'm wondering if we're achieving what we intend. And I'll stop right there. I'll leave it with that. MS. STUDENT-STIRLING: I think maybe if we just perhaps changed it to say such issues be addressed in duly noticed public meetings, I think that kind of captures everything. COMMISSIONER MURRAY: I would agree. That's where I'm coming from. MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. WEEKS: If I may, for clarification. Margie then, with your addition, would that include the deletion of the phrase and/or public workshop? MS. STUDENT-STIRLING: And just say duly noticed public meetings. And the intent of that would mean either posting or advertising, and public meeting could encompass a workshop, a BCC meeting or any other kind of meeting. MR. WEEKS: Thank you for that. That's what I wanted to make sure -- I wanted to know if this would include a staff level meeting, which I believe is what Mr. Murray was making reference to, not a County Commission meeting of any type in which -- similar to what transportation -- Page 53 March 30, 2006 MS. STUDENT-STIRLING: Right. And that's why I say noticed is intended to encompass the term advertised, if necessary, or posting, as we would do for some of these other meetings. MR. WEEKS: Thank you. CHAIRMAN STRAIN: I'll take your comments when we finish. I understand this is an issue -- just trust me. MR. KRASOWSKI: I just wanted, before you come to conclusion on this -- CHAIRMAN STRAIN: We are. I'll get to you at the end of the discussion. MR. GRAMATGES: Mr. Chairman, if I may, I'd like to ask for some clarification here. Our intention would be to communicate with the public in order to get public input before we make a decision. I trust that what we are suggesting as far as the language change here does not preclude us from doing this before we go to a decision by the Board of County Commissioners or this board. CHAIRMAN STRAIN: I would hope not. MS. STUDENT-STIRLING: It's to be all inclusive. So by saying duly noticed public meetings, that's to include any kind of meeting that you might have. And the term duly noticed also includes advertised, if that's necessary. MR. V ANLENGEN: Excuse me, Kris Van Lengen. If I could jump into the fray a second. I have some concerns as well, really, in terms of over-inclusiveness here. The policy refers to all such issues, meaning all such management issues, shall be addressed in public or open forums. Where do you draw the line in terms of all management issues? MS. STUDENT-STIRLING: I don't take that to mean like the management. I think that means solid waste -- the term of art solid waste management. MR. VAN LENGEN: Well, the management of any division or Page 54 March 30, 2006 department. MS. STUDENT-STIRLING: I don't think it means the day-to-day management of the operation, I think it means solid waste management -- MR. VAN LENGEN: That's my concern. MS. STUDENT-STIRLING: -- of how you deal with the disposition of solid waste and how that's managed, but not the day-to-day operations of the -- MR. VAN LENGEN: Can we work in some exclusionary language for that? CHAIRMAN STRAIN : Well, yes. And let's finish discussing it, and then before we vote on this and after we hear the public speakers, you'll have some time in the next five or 10 minutes maybe to come up with some suggestions. Mr. Murray? COMMISSIONER MURRAY: It would seem to me that if you're at the level where you need to have a public hearing, all of your management objectives have been reached to that point and all of the preceding activities are all staff oriented, bringing that matter to the point where a public meeting is necessary. You should be at fruition point or near it. So I would think that -- I would hope that no one would assume that they would come and sit with you as you're developing policies and procedures. MR. VAN LENGEN: That's what I'm hoping as well. I'mjust concerned that the language of this particular policy as written may provide that type of wedge into the door. COMMISSIONER MURRAY: And I understand. My only concern was I thought that within the purview of the given organization, having a meeting, as long as it was duly noticed and it's a public meeting, it's your decision as to what type it should be as to be most effective with the interchange of the public. Page 55 March 30, 2006 CHAIRMAN STRAIN: Kris, we're going to move on to the next few pages, and there's going to be other instances where this issue comes up. If you can't finish it before the break but after the break, at the latest suggest some language that would clean it up a little bit. Then we can get done with this element at that point. Anything on Page 3? COMMISSIONER MIDNEY: Yes, sir. CHAIRMAN STRAIN: Mr. Midney first, then Mr. Murray. COMMISSIONER MIDNEY: On Page 3, Policy 1.44. The sentence for where it says explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. I would like to suggest that we add eliminate consideration of any conversion technologies that emit pollution. We discussed that the last time, but it didn't make it into this draft. COMMISSIONER MURRAY: And Mr. Chairman? CHAIRMAN STRAIN: Yes, Commissioner Murray? COMMISSIONER MURRAY: My note was exclusive of burning, which I think is what Commissioner Midney is relating to. So I think we both agree. COMMISSIONER MIDNEY: Yeah, burning would be the pollution emitting -- CHAIRMAN STRAIN: Well, I think Mr. Midney's actually is more encompassing. By throwing in the word pollution, that keeps us to be a much cleaner, environmentally friendly place. Phil, you got any comments on that? MR. GRAMATGES: Yeah, I do. I think that anything we do that has to do with the disposal of waste could conceivably produce some sort of pollution. I mean, once again, we're getting into a subjective area, in my opInIon. Even if you get a piece of equipment to work in a solid waste Page 56 March 30,2006 site, in order to move material from one place to the other you're emitting some sort of pollution by just doing that. I don't see how you can eliminate pollution altogether. All you're doing as far as solid waste is concerned is taking pollution that exists at the curb site and taking it to a place where it can be controlled. So I would hesitate to say something as restrictive as that, unless we can provide some limits. COMMISSIONER MIDNEY: I think burning would be acceptable to me. CHAIRMAN STRAIN: Okay, Commissioner Murray? COMMISSIONER MURRAY: I was going to say exclusive of pyrolysis then. CHAIRMAN STRAIN: Exclusive of what? COMMISSIONER MURRAY: Burning. CHAIRMAN STRAIN: Thank you, Bob. You got me there. So exclusive of any burning technologies. Will that work for the language, Phil? MR. GRAMATGES: Well, once again, I believe that one of the commissioners at one time suggested some technology that included some laser technology. We studied it, we determined that it was at this time the technology was not advanced enough for us to utilize. I mean, I can understand the concern about burning trash and creating pollution by doing that. That is an issue that many communities are concerned about, and obviously we are as well. There may be some technologies in the future that would enable us to do pyrolysis and not create pollution, at least not create pollution to a non-acceptable level. So once again, my concern would be that that language would be quite restrictive unnecessarily. Let me state that the county at this time is not contemplating any burning of trash in its master plan. However, I believe that if we include this language, we may be sort of painting ourselves into a Page 57 March 30, 2006 corner if some technology should become available that would enable us to do that without creating undue harm. CHAIRMAN STRAIN: If you were to find a -- say a laser technology that was cleaner and provided the protection that anybody needed, just for you to implement that program in Collier County, would it take you less than a year? MR. GRAMA TGES: No, of course not. CHAIRMAN STRAIN: Right. So that means even if you did find that and we changed the program right now to recommend using exclusive of any burning technologies, if you found one that did prove to meet the thresholds of safety and of pollution that everybody would be comfortable with, it's just a simple matter of changing this GMP, which we do twice a year. So I think it doesn't eliminate the idea, but it does discourage the idea until something very good, very safe or very clean is found. COMMISSIONER MURRAY: Thank you, Mr. Chairman. Because quite frankly, if it cannot be sustained now, that this forum does -- if it does produce the particulate that we know it does, it does pollute, when the technology reaches that point, we'll have more than enough time to overcome that. But I think it's an important statement to make if we agree as a county that we want to keep the air clean, to avoid having that in there. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yes. As stated, it says that they shall explore the possible emerging conversions. And I think that gives staff a broad range in which to look, it does not limit their horizon. The exploration in itself could conclude in a result that we did not want burning without having it stipulated specifically there shall be no burning. I think we should leave it as it is. CHAIRMAN STRAIN: Okay. Any other comments on this issue? Page 58 March 30, 2006 (N 0 response) CHAIRMAN STRAIN: Okay, we need a consensus of the board. Myself, I think that adding the language exclusive of any burning technologies is a good signal to the environment. I don't see anything wrong with that. I don't see why anybody would object to it. But seeing as that may be, is there a concern -- is there a consensus on the board as far as the language goes? (N 0 response) CHAIRMAN STRAIN: All those in favor of adding the language exclusive of any burning technologies, please signify by raising your hand. COMMISSIONER SCHIFFER: (Raises hand) COMMISSIONER MURRAY: (Raises hand) COMMISSIONER ADELSTEIN: (Raises hand) COMMISSIONER CARON: (Raises hand) COMMISSIONER TUFF: (Raises hand) COMMISSIONER MIDNEY: (Raises hand) CHAIRMAN STRAIN: (Raises hand) One, two, three, four, five, six, seven in favor. Mr. Kolflat in favor? COMMISSIONER KOLFLAT: No. CHAIRMAN STRAIN: Mr. Kolflat's against. Anybody else against? (N 0 response) CHAIRMAN STRAIN: Okay. So it looks like the consensus is that that language be added as a recommendation on number four, David. Anything else on Page 3? (No response) CHAIRMAN STRAIN: On Page 4, Policy 2.7, Kris is going to have to have your same direction in regards to and/or public workshops. Page 59 March 30, 2006 MR. VAN LENGEN: Understood. CHAIRMAN STRAIN: Anything else on Page 4? (N 0 response) CHAIRMAN STRAIN: On Page 5? COMMISSIONER MURRAY: Yes, sir. CHAIRMAN STRAIN: Yes, Mr. Murray. COMMISSIONER MURRAY: Under Policy 1.2, that new sentence there, I have to be honest, I'm confused as to how it fits. The county shall continue investigation and implementation of cost-saving measures for county disposal operations. Currently a methane gas collection program is in operation. The county shall evaluate other measures, including landfill mining, as new technologies and practices emerge. Each of those sentences have their own meaning -- CHAIRMAN STRAIN: You're too close to him. You've got to slow down a little bit. COMMISSIONER MURRAY: What am I doing? CHAIRMAN STRAIN: You've got to slow down a little bit. She's having a hard time getting your -- COMMISSIONER MURRAY: I apologize. I don't want to make your work tougher. Would you like me to repeat that? THE COURT REPORTER: No, but thank you. COMMISSIONER MURRAY: My question is, each of those sentences on their own merit have weight, but I couldn't for the life of me figure out where we were going with it as a paragraph. MR. V AN LENGEN: It was an attempt at redraft on my part following comments from our last Planning Commission meeting, trying to implement the idea that landfill mining might still be considered, although it's not currently a technology used. And there was some county pride involved in the fact that that had been a landmark effort at one time. COMMISSIONER MURRAY: Okay. But please help me to Page 60 March 30,2006 understand how a methane gas collection program is in operation, how that relates to that. Because that's what threw me. Or does it? MR. VAN LENGEN: Well, it's the continuation of investigation and implementation. I suppose we could take that out. COMMISSIONER MURRAY: Is that a parenthetical? Isn't that really a parenthetical to what you were attempting to say? MR. VAN LENGEN: Yeah, I think you're right. COMMISSIONER MURRAY: Okay. Maybe as a tag with a parenthetical, it might make more order to it. MR. VAN LENGEN: Okay. CHAIRMAN STRAIN: Okay, so strike that second sentence, is that what the suggestion is? COMMISSIONER MURRAY: No, I thought if it has relevance, which it's almost like a caveat, currently there's a methane program, so if you start burrowing, then be careful. If I understand that correctly. So if you were to take that sentence and bring it to the bottom and make it a parenthetical, then it has more meaning, I think. And you agreed with me. MR. VAN LENGEN: I think there's no objection on that. CHAIRMAN STRAIN: Okay, thank you. Policy 3.3. Kris, that's a rewrite for one you're working on? MR. VAN LENGEN: Correct. CHAIRMAN STRAIN: Okay. Any other questions in this element before we go to public speakers? Okay. Mr. Cohen, I think we have one public speaker, and I bet it's Bob Krasowski. MR. COHEN: The first public speaker is Bob Krasowski. CHAIRMAN STRAIN: Bob, before you start, prior to the last meeting, I recommended strongly that if you have any lengthy literature to distribute to us ahead of time, I know you distributed this this morning, so I want to be honest, I have not had time to read it. And then the other thing is I've got to limit you to 10 minutes of Page 61 March 30, 2006 discussion only. MR. KRASOWSKI: Okay. That's all just very fine. But the reason I passed this document up, which was just for you to look at at a later time. It's a very rough draft. It just gives an indication of how the solid waste sub-element might be organized. And then there are my ideas, you know, things we've discussed before, stuck in there. But it's just a matter of providing that for you. COMMISSIONER SCHIFFER: Bob, Commissioner Kolflat and I don't have a copy of that. MR. KRASOWSKI: Okay. I handed it out at the beginning, but you weren't here. I have one. I'll give it to you after. COMMISSIONER MURRAY: There's a copy here. MR. KRASOWSKI: Okay, there we go. And I'll provide -- I have an extra one, I'll provide whoever wasn't here at the beginning with one. I understand you've been through this, and you're busy, you have things to do. There's a couple of issues, though, I'd like to touch on, after reading through what has been modified. As far as these meetings go, okay, there is at least in my understanding a distinct difference between meetings and workshops. Usually meetings are very formal, they involve a board, whether it's you or the commissioners or the environmental advisory council with specific agenda and a specific structure as you move through an agenda. Whereas workshops, oftentimes you'll see the commissioners sitting down here and they'll have different public and the department heads discussing issues. No decisions are to be made, no votes are to be taken at that workshop. Just sort of like a brainstorming session. And then the public's out here, and sometimes the public will sit at the table, sometimes they'll just make comments of three, five, 10 minutes or whatever, but it's much more relaxed. And oftentimes in the past we've brought in experts from outside. Page 62 March 30, 2006 And what I'm suggesting is that the workshop be part of this process. Often what happens now is like, example yesterday, the solid waste department came forward with a solid waste park, management park, that they want to put near the landfill. Now, there are a number of things in my estimation that were wrong with that design. Like, for example, the landfill is a long rectangular area that goes north of 1-75 to the north, and the road to the landfill goes right through the center where you have cells on either side. Well, the resource re -- the solid waste park they're talking about doing is north of that. And as they develop that, they're going to go there through that road. Well, eventually as we fill that landfill, that center road is supposed to become a new cell and we're going to fill that, so it will block the way to the solid waste recovery park. I don't know if they even considered getting the land next to the landfill, which is available, and trading it for the place that -- where they're going to put it that abuts private properties and residential areas. But -- so the point on the meetings and the workshops is prior to their getting rolling on something, we don't want to micromanage the day-to-day development of management of the department, but before they come up with ideas, the solid waste department, that will eventually impact how things are done in Collier County, what we pay for, what we will experience in terms of pollution or non-pollution, they should have a full input from the community, because we're being impacted. There's too much of a separation between this government entity and the public. And I think some of the reason there is is because they don't agree with -- they have an agenda and they'd rather see it go that way than the other way. So that's what I'm looking for in terms of -- and that would be so that the solid waste department can discuss what they're interested in Page 63 March 30, 2006 achieving. They want to do a solid waste resource recovery park. We should be involved in the discussion on the design, okay? So I'm -- so that's the one point. And that's in 1.4, I believe. In 2.4, the -- you've dealt with that, and I agree with what your language is as far as conversion technologies. It's better to take the position you've taken. If people want to come back and change that, they can come back and change it. But I would suggest before they even came back to change it, you'd have a workshop and people would be able to discuss the effects of the different options that were at that time. Then I have one or two small things. Okay, then like here in your -- you're planners, and you've -- in order to do an effective efficient job, you have to have as much information as possible. And that just goes right back to what I've been saying, in asking the workshops -- I would even maybe suggest that at some point in time, because you're in your position, that you have a workshop on this solid waste management issue. And I tell you, I was really -- I was going to tell you that I couldn't support this element at all, but from what you've done today, I think I can. But there's one thing that's really missing, and that is in -- I think it's 3.1 -- yes, 3.1 here, it lists the different things that -- as far as recycling and stuff like that that you want the county to do. There's no program for waste reduction identified in here. And I'll tell you, you can recycle a lot of things. We can compost a lot of things. And there's other ways to manage everything in the waste stream. But we really have to look at waste reduction strategies, or many of them, and start implementing them in the county. Tomorrow's not going to be like yesterday. We've lived in a bubble here for a certain period of time in history where we've had, you know, cheap oil and energy, and we're really moving out of that. And we've reached peak oil. I don't know if some of you are familiar Page 64 March 30, 2006 with that term, but the production of oil throughout the world is maximized now. And what's going to happen is with the accelerated use of that resource, energy resource, as the supply slowly diminishes, the people's need for it is not going to -- so all sorts of problems result from that. But we have alternatives. We have coal. But in the State of Florida, we have solar, wind and those kind of things. And this isn't pie-in-the-sky futuristic thinking, it is reality, and we have choices to make. So everything produced in society uses energy to make it. And we're thinking of putting it in a landfill or burning it and just using it that one time. That's got to stop. That's going to stop. So I'm glad to see what you did in terms of the conversion technologies, because they enable that wasting one-use time, materials, then burn it up and it's done, which requires extraction of more and more and more resource materials to get what you just got rid of, to make another of what you just burned up or whatever. So, you know, with saying that, I think, you know, if we move forward on the conversion element, do no harm would be -- that's a theory that a lot of people use. We don't want to pollute. There is no conversion technology, and that's burners, okay -- there are no burning conversion technologies that don't pollute, okay, that doesn't exist now. If they come up with one, fine, we can look at it. There are conversion technologies that internally compost and give you gas to burn, you can get some energy from it. And there's water uses to separate materials. So there's a lot of that, and they can look at that. And that's about it for me. I appreciate your listening to my comments and my ramblings on. CHAIRMAN STRAIN: Bob, first of all, I like your philosophy, and I think if worldwide we did something like that we'd be even better off. But I also know we have a bureaucracy to fight, and that's Page 65 March 30, 2006 sometimes hard to do. I encourage you to keep standing up like you do, but I do need an example from you. You said programs for waste reduction. Can you give us some examples of what you meant by that? MR. KRASOWSKI: Okay. Waste reduction would be you'd go to a company and they would be producing a lot of paper waste or garbage, cardboard or something like that. Now, we'd recycle most of the cardboard. But an example, one example that comes to me now is in California the Target stores were importing clothing directly from China, and the manufacturers were putting a piece of paper in between each article, an item. So all they had to do when they looked at it, to call their manufacturers and tell them it's not necessary to put paper between each -- and mountains and mountains of paper were then no longer being shipped. Sometimes if you just make the smallest effort, things can be -- reductions can be experienced. Another quick example. I believe it was in the mid-Eighties, American homebuilders used to have a schematic that required the use of the materials that were provided to build a home, so when the job foreman came in, he would have to put those all in place in the right way. If he didn't, if he had to go buy other materials, it came out of his profitability. And I, as carpenter at those times, when you would go to those job sites, the dumpsters were almost empty, because there was such a restriction on the proper use of the materials that arrived to be placed and people weren't just cutting things up haphazardly. We can work in each independent section of the economy and look for stuff like this. And I think we could be real productive as far as reducing waste. CHAIRMAN STRAIN: Thank you. And Mr. Schiffer I think had a question. COMMISSIONER SCHIFFER: Just comment. Development services has an advisory council. Does solid waste have a public Page 66 March 30, 2006 advisory council? MR. KRASOWSKI: I don't think at this time. There had been things in the past. It would be a really good idea. Because all we're looking to do is just -- we're knowledgeable, we're experienced, we know about these things over the years -- to integrate our information with theirs and make a better product for everybody. COMMISSIONER SCHIFFER: Is this the appropriate place to support something like that? CHAIRMAN STRAIN: I think that -- I'd make a note, I think that's something we ought to discuss. Because it goes farther than just solid waste in regards to that entire department. I'm wondering if there's a utilities division advisory council overall, because of all of the divisions we've dealt with, there are more questions in a lot of ways there and less understanding of what's going on there. And maybe a citizens' advisory committee would be something we should consider as a recommendation for the utility department. That way everything is more exposed to the public. MR. KRASOWSKI: Yeah. And it gives them a heads up at what the concerns would be in the public and an opportunity to avoid any, you know, head butting type of situation. CHAIRMAN STRAIN: Thank you, Bob. MR. KRASOWSKI: Thank you, again. And I'll send you more about the waste reduction thing. CHAIRMAN STRAIN: Please do. MR. KRASOWSKI: There's a lot of information on it. CHAIRMAN STRAIN: Okay, we're going to be further discussing this issue when we come back from the break at 10:30. With that, we'll take a break right now. Thank you. (Brief recess) (Commissioner Midney is not present) CHAIRMAN STRAIN: Okay, thank you. Figure out how to get the mic on again. There we go, thank you. Page 67 March 30, 2006 We're going to go back and refresh or take a look at a couple more issues of the solid waste sub-element. And the first thing I'd like to go back to is Kris, you were going to look at some suggested language for Policy 1.4,2.7 and 3.3, if I'm not mistaken. MR. VAN LENGEN: Mr. Chairman, let's start with Policy 1.4. CHAIRMAN STRAIN: Okay. MR. VAN LENGEN: The suggestion we came up with is this: The county shall ensure public awareness and participation in solid waste issues by addressing such issues in duly noticed public meetings. One of the things removed there is the word management. I have a great deal of concern that management is so over-inclusive in terms of the content that could be covered. CHAIRMAN STRAIN: And I don't have a problem with that. The concept, though, is that you're going to address issues in duly noticed public meetings. And the number of meetings that transpire from that will basically then be set by the implementation of policies within the department; is that -- MR. VAN LENGEN: Or at the direction of the Board of County Commissioners. CHAIRMAN STRAIN: That's where I was going next. So if the policies within the utility department are not conducive to enough public participation, the public, by this language being in the GMP, can appeal to the BCC to set policy that allows them more access. MR. VAN LENGEN: I would agree. CHAIRMAN STRAIN: Okay. Well, I think that does get us where we want to go. And it does avoid putting too much requirement in the GMP that doesn't allow the flexibility needed if the BCC feels it's adequate to have that flexibility. So I like the language you're suggesting. Anybody else? COMMISSIONER MURRAY: Yep. CHAIRMAN STRAIN: How about those other two policies, are Page 68 March 30, 2006 you looking at similar language for those? MR. VAN LENGEN: 2.4; is that what -- CHAIRMAN STRAIN: 2.7. MR. VAN LENGEN: -- we're looking at, we're referring to? It's 2.7. CHAIRMAN STRAIN: It's 2.7. The language you just talked about. Everywhere there's a public meeting workshop referenced in this paragraph, I'm assuming would be rewritten like we just spoke. MR. GRAMATGES: Yes. Phil Gramatges, Public Utilities. Yes, the idea would be to use the same language consistently, to modify those accordingly. We didn't have time to go into each one of them, but we'll do that. CHAIRMAN STRAIN: I understand. Phil, you might want to spell your last name for the young lady here. MR. GRAMATGES: I gave her my business card. CHAIRMAN STRAIN: Excellent. Thank you. Burning technologies, we already talked about that. I don't think there's any needed comment on that. I do want to ask you, on Policy 3.1, if we were to add a letter E, as a suggestion, with the language continue to explore programs for waste reduction, do you have any problem with that? MR. VAN LENGEN: I think that's an excellent suggestion. CHAIRMAN STRAIN: It's Mr. Krasowski's indirectly, but I think that was a good idea to have in our EAR. MR. GRAMATGES: Absolutely. I don't have any objection to that. CHAIRMAN STRAIN: Anybody on the panel? (N 0 response) CHAIRMAN STRAIN: Great. Thank you. And the last thing that I have from my notes is that we had -- we've gone through several utility sub-elements, and it may be Page 69 March 30, 2006 appropriate to add something to all of them or just an encompassing recommendation, if this board feels fit, that the BCC explore the possibility of appointing a utility division advisory board for all the utility division elements so that the public can become more aware through interaction with that board, as our other departments of this county have similar boards overseeing or reviewing their actions. Any comments from the CCPC? COMMISSIONER ADELSTEIN: Excellent. COMMISSIONER MURRAY: Yeah, I would be in the affirmative. Absolutely. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I would. I'm not so sure in the other areas. I certainly think this area is an important one. There's a lot of stakeholders in the solid waste. I'm not sure storm drainage, I'm not sure some of that other stuff would have it. CHAIRMAN STRAIN: I'm saying utility division. That's not storm drainage, that's -- storms are under transportation, if I'm not mistaken. COMMISSIONER SCHIFFER: Well, the potable water and the sewage, I'm not so sure. I definitely think this one does. I mean, this is a republic run by the citizens. We have one citizen who is very knowledgeable begging to get to the table, so something's not working. CHAIRMAN STRAIN: Okay. David, with this consensus from this board, would you be able to put a recommendation on -- a broad utility division recommendation from this panel when you present the EAR to the BCC? MR. WEEKS : Yes, we will. We will need to present it as outside the scope of the EAR, but as a separate recommendation of this body. CHAIRMAN STRAIN: Okay. I appreciate that. Thank you. Phil, thank you very much. I think we're done with discussions Page 70 March 30,2006 on the solid waste sub-element. And we would need a motion to recommend approval of the changes we made today, as well as the changes previously supplied by staff and of the recommendation we have made to staff. COMMISSIONER SCHIFFER: So moved. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Motion made by Commissioner Schiffer, seconded by Commissioner Adelstein. Any discussion? (N 0 response) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Motion carries, one, two, three, four, five, six, 7-0. Let the record show that Mr. Midney had to leave after the break. Thank you. We'll move on to the natural groundwater and aquifer recharge sub-element. Page I? (N 0 response) CHAIRMAN STRAIN: Page 2? COMMISSIONER MURRAY: Let's see. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I've got to read my note here. I have two items, Policy 1.3 and also Objective 2. But let me go to Policy 1.3. I said here, action not appropriate here was my comment. The county shall maintain and update data on existing land uses and land use activities that possess the greatest potential for groundwater contamination. Page 71 March 30, 2006 I'm not really clear, sorry, I apologize, why I took issue with that. CHAIRMAN STRAIN: I can't help you there, Bob. COMMISSIONER MURRAY: No, you can't. And I wish -- we go fast, and I'd like to be able to go really fast. Let me come down to the other one. On 2.1 the county shall prohibit discharge to sinkholes. Okay, I know we had talked about this earlier. My question was how. And I don't really -- it's not that significant. Discharges to sinkholes, I'm visualizing water. And I'm really not clear what that represents. I know we discussed this, and I don't want to go much further. Maybe just help me. What do we really mean by discharges? MR. SMITH: Well, sinkholes for -- Ray Smith, Collier County pollution control director. Sinkholes in karst situations provide a direct link to the aquifer system. What we're trying to do is eliminate the potential of a pollutant source discharging and contaminating the groundwater system. That's the intent. COMMISSIONER MURRAY: Okay. And that makes it clearer for me. I just was struggling with the discharge part of it. You're standing there with a hose, you know, that was my mental picture. All right, Mr. Chairman, I apologize for not being able to recollect what 1.3 had as an issue for me. CHAIRMAN STRAIN: No problem. If it comes back to you, you can shout it out, we'll get to it. MR. VAN LENGEN: I'm sorry, could I make one comment on Page 2 under 1.5? I believe that I was in error by -- I did double underline a replacement of certain language at the very end of that paragraph, but failed to remove the strike through. And it will be added back in, because it is in fact a correct reference. CHAIRMAN STRAIN: Okay. Thank you. Page 3?g(N 0 response) Page 72 March 30, 2006 CHAIRMAN STRAIN: Page 4? (N 0 response) CHAIRMAN STRAIN: Page 5? COMMISSIONER MURRAY: Oh, I have one on Page 4. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: On Policy 3.5, I noted -- we had a long discussion about that one, but I just want to clarify in my mind, we're not currently doing that, are we? Where the October, 1997 thing was, we've now rephrased it, will continue to conduct. I don't have a recollection that we actually began the process at all. Did we? MR. VAN LENGEN: I think the reason that language was put in, and Ray may be able to correct me on this, is that there are a number of groups currently -- that currently exist that encompass those entities that study all kinds of water issues. And that there's a feeling that to create an additional group would be somewhat of a governmental redundancy. I think the lower Tamiami aquifer group is one. West coast water supply plan is one that encompasses all those groups, but there are others as well. COMMISSIONER MURRAY: Okay. My question is not to, you know, in any way create a negative view of it, but it is that in fact we are participating. Weare doing it ourselves. And that was what I was clear -- I wanted to be clear on. MR. VAN LENGEN: We are meeting with those same entities-- COMMISSIONER MURRAY: Okay, that's -- MR. VAN LENGEN: -- in various levels. And I think the original intention of this was to create a group, perhaps before those other initiatives commence. COMMISSIONER MURRAY: I thank you, sir. CHAIRMAN STRAIN: Page 5? COMMISSIONER MURRAY: I do as well. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: On 5, at the top, my comment is Page 73 March 30, 2006 a continuing basis question. The county shall implement plans to preserve critical groundwater recharge areas and groundwater resources, and we spoke about it. And review, evaluate and revise, and we talked about a biennial and so forth, or a periodic. Would it be inappropriate to have it on a continuing basis, or is that redundant to this whole thing? I mean, is it clear that we're doing it -- MR. SMITH: Ray Smith, pollution control. Continually that's something that's automatically occurring. We're protecting the recharge areas through processes. But as you identify sensitive aquifer recharge areas, that may be a one-time thing that -- or one-time study that you can identify those areas and then control potential pollutant sources, i.e., land uses that may impact our future water quality needs. Did I answer your question? COMMISSIONER MURRAY: You did. But my question really went to the sense of the strikeout. We struck out the biennial schedule, because some recognition was given to the fact that 1988 was probably a bad year in there. And then we had periodically in here that was introduced and then double struck. Or is that intended to be there? MR. SMITH: Well, in the policy Dave's identified, that's been double struck, so that's not there. COMMISSIONER MURRAY: But I see it as a double struck, meaning that it's out of there. So in other words, we'll review. The next question that came to my mind is okay, when, since you've taken out biennial and you've taken out periodically, and you think continually -- continuously. I think I remember using the words continuously or continually as a question. I just wondered, if the issue were 1988 and it hadn't been really locked into, do we want to further excuse ourselves from having to make sure it happens, or are we in fact making it happen and we should be much more clear than that? Page 74 March 30, 2006 MR. SMITH: I'm open to any language you may want to offer at this particular time. COMMISSIONER MURRAY: It hasn't gotten that far but we can do that, if the rest of the board feels that there's merit in that sort of question. CHAIRMAN STRAIN: Depends on -- I mean, if there's some language that improves it, that's what we're here to do. If you have a suggestion, Bob. COMMISSIONER MURRAY: You'd have to give me a moment then to relate to that. I don't want to hold up the program here. CHAIRMAN STRAIN: We can drop back to that. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Unless you've got other questions on Page 5. Well -- okay, now we're dropping back to it. That's the last page. COMMISSIONER MURRAY: I just -- well, let me just quickly go over the -- COMMISSIONER SCHIFFER: I have a 5, so do my 5 while you work. COMMISSIONER MURRAY: Oh, you have a question while I work? Thank you. COMMISSIONER SCHIFFER: You're supposed to work. At the bottom of Page 5, it's Policy 5.5, I have in my notes that we crossed out allowing small business to participate -- we crossed out to some extent. I mean, I think we should just allow them to participate. I don't know what -- MR. SMITH: I think we agreed to that change. I don't know why it's in here, so thank you. CHAIRMAN STRAIN: Good catch, Brad, thank you. You're right. COMMISSIONER SCHIFFER: Okay, Bob. COMMISSIONER MURRAY: I'm just looking here. It's Page 75 March 30, 2006 probably -- I don't know, in the world of let's make it happen here, if the original date hadn't been in there, it wouldn't have called my attention to it. But I guess the language as it is, is the sense of it is the intent to do it. And if no one else can see that as being an issue, then I'll withdraw that as a question. I think it probably says what your intent is. And I know you folks work at your job, I mean, that -- so I'm certainly not calling attention to the negative. CHAIRMAN STRAIN: Well, with that, I would be entertaining a motion to recommend approval of the NGW AR element, with the changes recommended by staff and discussions today that occurred. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Motion made by Mr. Murray. Seconded by? COMMISSIONER SCHIFFER: I'll second it. CHAIRMAN STRAIN: Mr. Schiffer. Any discussion? (N 0 response) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Opposed? (N 0 response) CHAIRMAN STRAIN: Motion carries 7-0. Now we're on to the housing element. And why don't we -- Mr. Cohen, first of all, is there a public speaker on this element? Page 76 March 30, 2006 MR. COHEN: I do not have any slips at this time, Mr. Chairman. MR. KRASOWSKI: I'd like to submit one. CHAIRMAN STRAIN: Not right now. MR. KRASOWSKI: Not now. CHAIRMAN STRAIN: Let us get our part of it done, then we'll MR. KRASOWSKI: I'm just going to fill out the form. CHAIRMAN STRAIN: Right, just give it to Randy. On Page 1 are there any questions? (N 0 response) CHAIRMAN STRAIN: On Page 2, I certainly have some. COMMISSIONER MURRAY: Either one of us can do it, I guess. I will. All right. In Objective 1, I really thought it was very clear that this board had recommended 1,000 units with 250 each for Marco and the City of Naples to be able to bring on that housing or to provide a cash equivalent. And I do not see that language in here. CHAIRMAN STRAIN: I have to agree with you. Ms. Student? MS. STUDENT -STIRLING: Marjorie Student-Stirling, again, Assistant County Attorney. This is our compo plan, and I don't feel-- it's my legal opinion we can't force another local government not subject to this compo plan to do something. We can, however, put language in there about pursuing coordination mechanisms like intergovernmental agreements and things like that to do it. But I'm concerned about imposing this on another jurisdiction. COMMISSIONER MURRAY: I'm confused, though, if I may just keep it going here. Joint City of Naples-County policies, I thought this was to consider the totality of our interrelationship with these municipalities. Page 77 March 30, 2006 MS. STUDENT-STIRLING: Well, as I understand it, and I can get some more information from staff, the joint -- these joint policies, there are some that are City of Naples policies and some that are county policies and some that are joint. And first of all, Everglades City and Marco Island are not included in the joint policies, it's only the City of Naples that's included. So I still have the same concerns regarding the City of Marco Island and Everglades City, because they have their own plans. And the way you do this is through an interlocal agreement. COMMISSIONER MURRAY: Okay. We know that there are interlocal agreements and we know also that they're coming up for renewal. And I think it was the intent of this body to make a recommendation for the BOCC to evaluate perhaps achieving a result more in line with the needs of the county which serves the city, as well as Marco Island. MS. STUDENT -STIRLING: But there's all kind -- COMMISSIONER MURRAY: Maybe it's the wrong location; is that what you're saying? Maybe it's -- MS. STUDENT-STIRLING: There's all kind of interplay -- no, it's the mechanism. Maybe I'm misunderstanding something, but I feel the appropriate language is to utilize the interlocal agreement process for this, because those local governments are sovereign. And in fact, they have their own charter, which we don't even have. We're not a charter county. And they have -- because they have their own charters as municipalities in this state, you know, I -- they operate under those charters and by the rules and regulations thereunder. So I have a concern that we can't impose in our compo plan and force a local government in our compo plan to do something. But there is a way to get there by interlocal agreement. COMMISSIONER MURRAY: Okay, my last word on the Page 78 March 30, 2006 subject, but I will say to you, as I've read further within this document, there are statements of imposition on the City of Naples and Marco Island, I believe. I know on the city, certainly. So that maybe that language has to be qualified because it does impose -- we can get to them and we'll point them out. MS. STUDENT-STIRLING: Well, I think that was where there were joint policies that already existed. But as I understand it, and you can correct me if I'm wrong, I don't know that this has been vetted through the city, these newer joint policies have been vetted through the city yet. MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: No, let me have a turn. Margie, last time and the way this came up is that we were told that because the City of Marco, City of Naples rely on the county's housing sub-element to meet the needs and requirements of their growth management plans, instead of having the same element in theirs, they are contributing, what was it, $74,000, as an example, from the City of Marco, a certain percentage of their building fees as their only contribution to affordable housing within this county. And I think this board unanimously recommended that is far insufficient to the impacts those communities are having on Collier County. If they are depending upon our GMP, then it certainly seems like we can put some restriction on that dependence. If they don't like it they can form their own housing element. If they form their own, I'm sure it would be more severe than what we have suggested here at this panel at our last meeting. Do you want to comment on that? MS. STUDENT-STIRLING: Well, I don't know the extent to which they depend. And I'm going to have to defer to Cormac on our GMP. Payment of certain amount of building permit fees for affordable housing is one thing. And, you know, adopting our housing element in their plan is something else. So-- Page 79 March 30,2006 MR. GIBLIN: Cormac Giblin, your Housing and Grants Manager. I think it would be more correctly stated to say that they depend on those interlocal agreements to accomplish their own growth management plans or to meet the needs of what would be a housing element in their own growth management plans. So they depend on those interlocal agreements, which then, you know, translate into what the county does for affordable housing. CHAIRMAN STRAIN: Does Marco Island have an interlocal agreement with Collier County? MR. GIBLIN: Yes, sir. CHAIRMAN STRAIN: Okay. It's not part of this document? MR. GIBLIN: No, sir. CHAIRMAN STRAIN: Okay. Well, I don't want to depend on that interlocal -- MR. GIBLIN: I can qualify that by saying the suggested language in this new Objective 1 looks like it would make the Marco Island interlocal agreement part of this agreement -- part of this document, or at least a vehicle to address it. CHAIRMAN STRAIN: But see, that last sentence that was added by staff, certainly not by us, provides no -- provides nothing more than what's already in place. I mean, shall pursue, okay, well, they could just make a phone call and have no, we're not going to do that; okay, well, we pursued it. And provide some portion of housing units. Well, it could be some portion, $74,000 worth, 10 percent of whatever their current permit fees are. And we could be no better off today than we are with what -- that language being in there. So I don't believe that language is sufficient, nor does it meet the intent of what this board recommended to do. David? MR. WEEKS: Couple of comments, Mr. Chairman. The first is Page 80 March 30, 2006 that -- and we touched on it already -- but this is a joint element only with the City of Naples. The other two cities do not have -- this housing element is not applicable to them. I think it's just been distinguished that we have interlocal agreements, which is again outside of this GMP with those -- with the cities, I believe all three. MR. GIBLIN: No, only the City of Naples and the City of Marco Island, not the City of Everglades City yet. MR. WEEKS: Thank you. A question I have is whether it's appropriate in the comprehensive plan to specify the number of units as the commission had recommended last time. You specifically recommended 250 units for Marco and 250 units for Naples, or the financial equivalent. Certainly if that's your recommendation, we will stick that language in. But might it be more appropriate at the time of pursuing those interlocal agreements or modifications thereto to determine what the appropriate ratio is? Maybe it should be more, maybe it should be less than 250. CHAIRMAN STRAIN: Well, if that's the case, then why are we ending up with 10 percent of the permit fees if that's considered appropriate now? MR. GIBLIN: Commissioner, that is what the board deemed appropriate at the time that that interlocal was executed, was 10 percent of the building permit fees from the City of Marco Island. CHAIRMAN STRAIN: Okay. Well, my concern would be that without any suggestion to a change in that, it may not be any more appropriate than it is today. And I think what it is today is far insufficient to the ratio or the load that the county residents are carrying for that particular social problem. And as a result, I mean, I see your increase from 500 to 1,000 units. The only way that I can see us going to 1,000 units is if we have somebody else participatory in that. And if we want to make the language we suggested last time subj ect that interlocal agreements will Page 81 March 30, 2006 be entered into, but with a recommendation, obviously, that the municipality of Marco Island contribute 250 affordable housing units or the cash equivalent, that the City of Naples contribute 250 affordable units or the cash equivalent, and then 500 by Collier County. So basically we're inserting the words interlocal agreements in front of that so that that qualifies it. Ms. Student? MS. STUDENT-STIRLING: I have a -- could we say with that goal of that, so through the interlocal agreement negotiating process it's not tied in? I do want to remind this board, we had some language that we have litigated over with the City of Naples about an overpass, and we had the expense of litigation over that. And I don't -- I would like to try and avoid any problems with these other cities or possible litigation over plan language again. And if we make an absolute -- if we just say with the goal, that gives us some tolerances to, you know, negotiate an interlocal agreement with the goal of achieving and then those numbers. CHAIRMAN STRAIN: Isn't -- the first sentence says goal one. I mean, isn't this a goal? MS. STUDENT-STIRLING: Well, the goal is the general language, and this is an objective under the goal. An objective is a step on how you meet the goal, and the policies are more specific as how you achieve that objective or step on the way to a goal. CHAIRMAN STRAIN: Mr. Schiffer had a comment, then Mr. Murray. COMMISSIONER SCHIFFER: It's kind of a fix on this thing. What if we added this sentence: Collier County shall pursue an interlocal agreement between, and mentions the three cities, to require that each city provide, based on a percentage of their county population -- that's what I'm adding -- and then their portion of these Page 82 March 30, 2006 housing units or the financial equivalent. At least that gives you the direction of what the intent of the board is. I mean, I kind of think having Marco and Naples provide half of what our goal is isn't fair either. CHAIRMAN STRAIN: Well, the only problem is it's not a matter of the population of the area that's generating the workforce housing or the affordable housing, it's the level of quality of life that the residents of that area are dictating. And if you look at Marco Island and if you look at the City of Naples, the value of lands in those particular municipalities are extremely high. People that buy those homes generally have a lot of service people working for them, probably a lot more so than the general population of Collier County, who is the service people that service most of those towns. So my concern is, Brad, I understand what you're saying, but I don't think that gets us to where we need to go as far as the true ratio of the need that is generated by those municipalities. Their population base doesn't signify the need. COMMISSIONER SCHIFFER: Right. But I don't think you'd ever be able to figure out that ratio. I mean, if you're saying that half of the affordable housing in this town needs to go to those two communities and the other half works in this community, I don't know how you would ever come to that conclusion. I certainly know that Marco Island is a major draw. But I think that the other thing, too is it's not necessarily requiring they provide the housing, it's requiring the financial equivalent of the housing I think is going to be the solution. And that's going to give you -- you know, they're going to be in a much stronger position to go to the community and say look, you know, you've got to come up with your fair share of the population that we need. CHAIRMAN STRAIN: Mr. Murray? Page 83 March 30, 2006 COMMISSIONER MURRAY: Yeah, just in consideration of that, the GMP requires that there be no concentration, okay. And so if two entities can essentially opt out at small dollars, it seems irregular at best. So yes, they're going to be in agreement, they will be negotiated. And if the language can be effectively drawn to make it clear that whether it be 179 in one location and 273 in another, whatever ratio, as Mr. Weeks brought out, I'm fine with that. But one thing to my mind is I think -- I believe it belongs in there, maybe legally it doesn't, but I believe something belongs in here to make it so that it doesn't just hide anymore, that this is not -- okay, I've said it. MS. STUDENT-STIRLING: No, legally, as long as we have the provision about the interlocal agreement and if we were to say with the goal of this much money or this many units or whatever, that does give some tolerances for the appropriate local governments to, you know, negotiate. But this way if they don't enter into an interlocal agreement that does exactly that, then they could be in violation of the compo plan, so there's an issue there. And there's an issue about tying everybody's hands before you even get to the table. So that's why I thought if you put that goal language in, that gives a little wiggle room. COMMISSIONER MURRAY: Well, our intent was recommend inventory, that was really the goal. MS. STUDENT-STIRLING: Understood. COMMISSIONER MURRAY: Thank you very much. CHAIRMAN STRAIN: Mr. Weeks? MR. WEEKS: Mr. Chairman, if I may, I'm putting the pieces together. I could propose a rewording of this, add a sentence. CHAIRMAN STRAIN: I think you may want to come back with us sometime today with a -- take some time, you've heard all of our Page 84 March 30, 2006 inputs, where we're trying to go. If there's a way to focus on a ratio that is solid, meaning not necessarily population, but how that population uses the workforce, that might be a solution. But before the days over, we'll have to come back to this part of this element. COMMISSIONER SCHIFFER: Mark, let me -- CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: -- I'm in the queue here somewhere. Has the county done any studies that show the impact of affordable housing on different types of development? MR. GIBLIN: No, sir. You mean as a residential development to generate -- COMMISSIONER SCHIFFER: You know, during the construction, during the life span of the shopping center, what does that -- MR. GIBLIN: We're undertaking that study right now. It's in process. COMMISSIONER SCHIFFER: If there's a name for that study, wouldn't that be the appropriate study to reference here? MR. GIBLIN: I would call it our linkage fee study, which determines the appropriate housing demands of different kinds of development. COMMISSIONER SCHIFFER: And therefore you could go look at Marco Island as a whole and through that linkage calculation see what demand they cause, versus the city, versus the county. MR. GIBLIN: Yeah. COMMISSIONER SCHIFFER: So maybe that, Dave, if you could word that to match that, that would -- CHAIRMAN STRAIN: Good suggestion. But of course that assumes, though, we're going to pass the linkage fee, which -- MR. GIBLIN: Well, at least we would have the methodology on hand. Page 85 March 30, 2006 Commissioner, before we leave that one sentence, one final question about the "or financial equivalent." Do we have any ideas on how to determine financial equivalent or what would be acceptable? CHAIRMAN STRAIN: Well, I think that's an implementation item. But we have a range of -- we have a median household income and we have a range needed which people can apply to fall into the categories needed. I would assume it would come out of some formula using the median income and the value of a home that we allow based on that median income. COMMISSIONER MURRAY: Which, Mr. Chairman, has to include all the way up to the 150 percent category. CHAIRMAN STRAIN: Yes. COMMISSIONER MURRAY: It's that issue that I raised with you having to do with the new gap, you know where that applies. MR. GIBLIN: But in other words, it would not be the price of a -- an affordable unit is $200,000 or $150,000. It would not necessarily be that that entire $200,000 is the financial equivalent. It may only be the difference between what the household can afford and what the marketplace is. CHAIRMAN STRAIN: Well, if they're not putting the house up and somebody else has to fund that house, I would think it would be the -- well, one way to look at it, what's the average price of an affordable home in Collier County? MR. GIBLIN: An affordable home? Probably around $200,000. CHAIRMAN STRAIN: Okay. Well, 250 times 200,000. That comes out to a nice round number. MR. GIBLIN: See, Commissioner, what I'm trying to say is the entire $200,000 doesn't need to be subsidized to make it affordable to someone at those income levels, only -- they can afford on their own a certain amount, and then there's a gap above that to bring them up to the affordable market. COMMISSIONER CARON: But anything-- Page 86 March 30, 2006 MR. GIBLIN: That would be the amount needed. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: But anything above that you might get puts you that much further ahead. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER CARON: So take a round number and -- COMMISSIONER MURRAY: Cormac, the interlocal agreement, if you're familiar with it, does it give you any help in that area or any bases in that agreement? MR. GIBLIN: No. COMMISSIONER MURRAY: Apparently not. So you're on new territory, you can strike out boldly. Okay. CHAIRMAN STRAIN: Star Wars. Well, let's move on while staff works on that one paragraph. Any other questions on Page 2? COMMISSIONER MURRAY: Yes, I have one. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: 1.3. Just a question here, after the first sentence, Cormac, it says the local jurisdiction will evaluate a broad range of options. By that I assume you mean the city? MR. GIBLIN : Well, this is under the joint city and county policy. COMMISSIONER MURRAY: I appreciate that. So who is the local jurisdiction in this case? MR. GIBLIN: It would be both of us. COMMISSIONER MURRAY: Oh, so you represent that as both? MR. GIBLIN: Yes. COMMISSIONER MURRAY: Okay. Jurisdiction. Inasmuch as they're two entities, legal entities, I would -- MR. GIBLIN: I agree. Page 87 March 30, 2006 COMMISSIONER MURRAY: Now, in that context, can we, Marjorie, require them to evaluate a broad range of options, et cetera, et cetera, et cetera, as one of those where we do compel because it is a policy? MS. STUDENT-STIRLING: Well, as I understand it, these are joint. And, you know, just evaluating and look at something is different than absolutely having to do it. And as I understand, these are j oint, so -- COMMISSIONER MURRAY: I agree. Does that tell me then that they've already been established by the other entity, the city, that they have already established criteria -- MR. GIBLIN: Yes, sir. COMMISSIONER MURRAY: -- under which these things -- okay, that satisfies that issue, thank you. CHAIRMAN STRAIN: I have to -- with the commission's indulgence, I need to move back to Page 1. I have one question on the very last sentence on Page 1 I missed. It says the most current data available from the University of Florida Shimberg Center is considered in assessing the county's affordable workforce housing deficit. In order to avoid using values that don't address strictly workforce affordable housing, can we, after the word Shimberg Center, say as it relates to our definition of affordable housing? Meaning that if a millionaire has bought in a home that's too expensive for him, he's not part of that affordable housing category. MR. GIBLIN: I agree. And I believe that's why we added the specific wording of affordable/workforce housing deficit, meaning that it would bring in our local definition. CHAIRMAN STRAIN: Okay. But I want to make sure that the number you use from Shimberg from now on is the affordable number, not this lump sum number. MR. GIBLIN: I agree, yes. Page 88 March 30, 2006 CHAIRMAN STRAIN: Now we're on to Page 3. Any questions on Page 3? COMMISSIONER SCHIFFER: Just a -- CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: -- question about the concept. As you have joint policies for the City of Naples, do you intend to start setting up joint policies for Marco and Everglades City? MR. GIBLIN: That would be part of the negotiation of our future interlocal agreements. Whether or not they would jump into our compo plan, like the City of Naples has for many, many years or whether or not they continue to just rely on the interlocal agreements themselves. CHAIRMAN STRAIN: Just out of curiosity, how much money are we getting, to your best knowledge, from the City of Naples per permit for this affordable housing issue? MR. GIBLIN: All right, the City of Naples' contribution to the county through the interlocal agreement is -- the City of Naples is an entitlement community for the State of Florida SHIP program on its own. They receive approximately, I'd say, about $130,000 a year directly from the State of Florida, allocated to the City of Naples. Our interlocal agreement with them turns that entire amount over to the county to put straight into our budget and to fund our county housing programs county-wide. So that is the payment from the City of Naples. CHAIRMAN STRAIN: No, that's payments from the state through the SHIP funds. How much does the City of Naples contribute to Collier County for its affordable housing issue? COMMISSIONER ADELSTEIN: Nothing. CHAIRMAN STRAIN: Do you know? MR. GIBLIN: Nothing other than that. CHAIRMAN STRAIN: So the City of Naples, for all their Page 89 March 30, 2006 impact on our workforce, contributes nothing to Collier County except the money they get from the state they just pass it on to us. MR. GIBLIN: Under today's interlocal agreement, that's the arrangement. CHAIRMAN STRAIN: Okay. Well, let's look at the same thing for the City of Marco. What's the situation with the City of Marco? MR. GIBLIN: The City of Marco's interlocal agreement stipulates that they must pay Collier County 10 percent of their building permit fees each year. And it must be at least a minimum of $50,000 per year. Historically for the past few years it's been a little bit around -- it's been nearly $100,000; sometimes about 120 and sometimes about 80 per year. CHAIRMAN STRAIN: Do they get SHIP funds-- MR. GIBLIN: No. CHAIRMAN STRAIN: -- allocated to them from the state? MR. GIBLIN: No, sir. CHAIRMAN STRAIN: So Marco is providing us $100,000, which doesn't cover half the cost of one affordable house on average. City of Naples, nothing. Okay, thank you. I just needed to know that. Any other questions on Page 3? I have two. On Objective 2, you get into the 1,000 dwelling units again, and I just wanted to note that that is going to really in my consideration be subject to whatever language we come up with on Objective 1. So -- and then just below that, an item I missed before, the second line of Policy 2.1, corporations -- it starts with the word corporations -- the county shall seek to increase the supply of housing for all segments of the community, including. Doesn't non-profit housing development corporations -- aren't they limited, or aren't they thought to be limited to affordable housing? Or are they actually going to be able to -- MR. GIBLIN: Not exactly. For example, the local Collier Page 90 March 30, 2006 County housing development corporation is planning a proposal for the Bembridge PUD which would encompass up to gap housing. CHAIRMAN STRAIN: But I mean, they have to be within the range of median income that we've set aside for affordable workforce definition. They can't build million dollar homes, or can they? MR. GIBLIN: I suppose that they could build a higher priced home, but their mission is to build affordable workforce housing. CHAIRMAN STRAIN: Okay. Because this says the nonprofit housing development corporation will seek to increase the supply of housing for all segments of the community. And that's where my concern was, is that why do we care if they seek more high end housing? We really wouldn't -- that shouldn't be -- if their goal is not to do that, why is it phrased that way in our goal? Wouldn't we want to focus on what -- MR. GIBLIN: I agree. We could add the words affordable workforce after -- before housing. CHAIRMAN STRAIN: Or just take out the word all. MR. GIBLIN: Yeah. Yes. CHAIRMAN STRAIN: Okay. That's where I was going. Thank you. Page 4? (N 0 response) CHAIRMAN STRAIN: Page 5? COMMISSIONER MURRAY: I have something. CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MURRAY: Cormac, on, let's see, Policy 2.9, I think it is, we're looking at it, let me read it to you the way I've modified it, and Mr. Weeks, maybe you can relate to it as well. The county shall review the county's affordable workforce housing density bonus ordinance every two years or sooner, as necessary, and revise the ordinance to reflect the changing community. Page 91 --_.,~~ ' ,_.,..,._,~."~...__.,~-,. March 30,2006 Does that strike you as being -- and I wasn't playing with it for the purpose of just moving words around, but it struck me that that might be more intensive, more effective for you. Would you agree with me? MR. GIBLIN: Was the change to add the words or sooner? COMMISSIONER MURRAY: Yes, sir. And I just modified, just changed it around. And the reason I've done that, we had this discussion, and I know you said, oh, my gosh, I finished one and I've got to start another one. But there may come a time when you have adequate staff and you have a good reason to do so, and I wouldn't want to think that you would be locked in to -- MR. GIBLIN: Commissioner, I'm more inclined to agree with it today than I was a few weeks ago, considering the modeling and the new formula basis that the board adopted on Tuesday. So it would make it easier from our -- better from our perspective. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: So what, can you, someone-- COMMISSIONER MURRAY: Restate it? CHAIRMAN STRAIN: Yes, would you mind doing that? COMMISSIONER MURRAY: Sure, no problem. The county shall review the county's affordable workforce housing density bonus ordinance every two years or sooner, as necessary, and revise -- I'm sorry, and revise the ordinance to reflect changing community needs and market conditions. That was my suggestion. CHAIRMAN STRAIN: Any other comments from staff? (No response) CHAIRMAN STRAIN: I don't have a problem. We're on No.6. Any questions on Page 6? COMMISSIONER MURRAY: I did have a question with adequately funded. My question was on Objective 3, what was adequate. But I think we beat that one to death, but I'm not sure. CHAIRMAN STRAIN: Policy 3.2, Cormac, I notice that it Page 92 March 30, 2006 omits workforce, basically. It says affordable workforce, but doesn't workforce start at 81 percent and go to 100, I think, or gap go up to 150 or something like that now? MR. GIBLIN: It does. The limitation at 80 percent of median income was left in this instance specifically because it talks about state and federal funding for affordable housing. And to date, those funds are capped at 80 percent or less of median. However, in reading it this morning, there is pending legislation right now in Tallahassee to offer state housing dollars over 80 percent of median. And this -- you know, in light of changing circumstances, I would suggest maybe deletion of the 80 percent limitation in this paragraph would be appropriate now. CHAIRMAN STRAIN: So after the word workforce housing, you would be deleting the rest of it? MR. GIBLIN: Yes. CHAIRMAN STRAIN: I think you're probably right in doing that. Any problems? (N 0 response) CHAIRMAN STRAIN: Okay, Page 7? (N 0 response) CHAIRMAN STRAIN: Page 8? (No response) CHAIRMAN STRAIN: Page 9? (No response) CHAIRMAN STRAIN: Page 10? (N 0 response) CHAIRMAN STRAIN: Page II? (No response) CHAIRMAN STRAIN: Page 12? Policy 8.3, I notice you crossed the word mobile home parks, the word home out of there, but you double underlined it. Is that one that Page 93 March 30, 2006 should have been left in? MR. WEEKS: The double underlining indicates that it's put back In. CHAIRMAN STRAIN: Okay. So the crossout is out but it's in. MR. WEEKS: That's part of the confusion of the format to try to show you what changes have been made through this process. But I assure you it will be cleaned up for the board. CHAIRMAN STRAIN: No, leave it like this. I don't think we can vote on this element until staff gets back to us with some revised language for Objective 1. Is that concurrence with the rest of the panel at this point? Okay. We'll just hold on to that for now. Let's go into the recreational and open space -- MR. COHEN: Mr. Chairman, we did have a speaker on this particular element which is Bob Krasowski. CHAIRMAN STRAIN: We do have a speaker on the housing element? MR. COHEN: Yes, sir. CHAIRMAN STRAIN: Oh, that's right. And Bob, I have to apologize, without seeing you sitting there, I forgot that you had stood up in the beginning of this. And with that, I have one other question. Before you start, so you're not using up all your time on something that staff may already have an answer for, David, I had called you after the last meeting, and mentioned to you -- and Bob, you had left early the last meeting, if you remember -- you put four items on the table, I told you I'd bring them up. I forgot. That's the part of turning old. David, I called you back at your office, I think, within the day and asked you to please consider the comments for discussion today. And those four comments were: Looking at solar energy incentives, looking at waste heat recovery systems to heat hot water from the air conditioner, looking at passive solar heating and then use of energy Page 94 "'~~_~W ,~_,_,_~~,,"__',,___-~".. March 30, 2006 star appliances. Now, have you had time to look at those four elements prior to today's meeting so you can address those four? MR. WEEKS: Yes, we did. And the brief response is that these changes are outside the scope of the EAR, therefore staff would recommend that you not add those to the element at this time. Furthermore, because of the potential impact of these changes, the financial impact to homebuilders, to the building industry to affordable housing buyers, et cetera, we believe that while there may be merit for these proposed changes, they should be thoroughly vetted in a public meeting workshop hearing process, not simply inserted here through this process. So that's the two comments. CHAIRMAN STRAIN: To follow-up on that then, if the implementation -- and I understand implementation is done by other documents, and this is a concept document. If we were to put a concept in here that indicates a desire to explore and look into such activities as, is there something that would be prohibited? MR. WEEKS: I think it's still outside the scope of the EAR. But on the other hand, because it's a rather nebulous -- isn't a right word, but low impact change, I don't think it would be problematic. Just a general aim to pursue these issues, look into these, explore them, something like that. CHAIRMAN STRAIN: Anything we can do to reduce our dependency on energy sources that are not renewable we ought to be considering. And I notice that I haven't seen any language in this document that really explores that. We did in solid waste, we were dealing with types of energies, but it would be a good thing to start in this county, maybe that -- we ought to -- would be something that we should seriously consider, adding a concept of that exploration. With that, Bob, why don't you take a few minutes and tell us what you had in mind. Page 95 March 30, 2006 MR. KRASOWSKI: Okay. That's great. You keep almost better notes that I do myself in revisiting those four points. I had to scratch my brain and redo it all but you're ready to go. So I am up here advocating for that. I think possibly you've touched on the way to proceed and having it included for preliminary analysis, you know, somewhere in there. What I was going to suggest is that on that first page there down at the bottom of the list of things you have on there, that something be mentioned that the consideration for financial assistance to be provided for the inclusion of those four things in the building of new housing in Collier County, or certainly for affordable housing. Now -- you know, and then the paragraph below that, the last paragraph on the first page, it directs the housing department to work with nonprofit organizations. But we're a nonprofit organization. And I think they should be open enough to include us on their discussions on the housing they're provided in that we would represent energy efficiencies in the building of these homes. And we could follow that along, you know, what they're doing, which I think they're -- it's good that we try to provide housing for people. But, you know, we should really think about certain aspects of this what we're doing. When you build a house, it lasts for 30, 50, maybe 100 years. So we're proj ecting into the future the energy needs of that home. If we don't do it efficiently up front, we're just creating problems for ourselves, we're being inefficient and not very resourceful. The energy star appliances now cost more than regular appliances. A lot of these lower affordable homes have appliances put in there that are not very efficient. So it costs more over time to operate that appliance and it puts a burden on all of us to provide -- the generator of electricity to provide the service for that -- the utility for that. So that's a burden on us. So if we look at the long range planning, here we come back to planning, the long range planning and knowing that energy's not going Page 96 March 30, 2006 to get any cheaper, probably, in the future, that it would be good if we up front accommodate some analysis of this. Now, as the gentleman mentioned before, people can afford to a certain point, right, and they will buy a house to a certain point. Same way with a refrigerator. If you're going to get a refrigerator, it will cost you so much. So the differential between what's going to be paid and what the efficient refrigerator would cost is something that we should look at, that we should maybe provide for. And this goes for the solar hot water heating and the waste heat recovery from the air conditioner unit, right, those are very efficient. If you have an air -- and when you put them in the house to begin with, that's the time and way to do it. They have to be designed in by the architect or the designer, and they're most efficient. But the up front cost of those are more than the standard non-efficient appliances. So what we would do, let's say the standard would be a $100 expense but the efficient would be $120 expense. Saving a bunch of money and energy at the end, what we would be looking to do is have that initial cost financed and then paid back through the cost savings of using the efficient item spread over a point of time. So that costs money, but it is good future planning. Just to build these homes inefficiently with inefficient appliances with inefficient hot water heaters. And then the solar component of subsidizing the hot water through solar, it's totally free, it doesn't cost anything. On the other side of this, and here's the Florida Energy Plan 2006, okay, put out all of these things, except for the waste heat recovery, which is being discussed, all these things are in there, and they're clean energy. We have to move to clean energy. Tomorrow is today. So we should -- I know we can't change the whole thing right now, Mr. Chairman and Commission, but I think we should definitely include these topics for discussion and direct that there be an analysis Page 97 March 30, 2006 of the benefit cost analysis of implementing them in houses, certainly the houses we build for affordable housing and that kind of stuff from now on. CHAIRMAN STRAIN: Okay. Thank you, Bob. I appreciate it. We're going to have a little more discussion of this. Marjorie, and then Mr. Schiffer. MS. STUDENT -STIRLING: The thought occurred to me that perhaps instead of putting it in the housing element, we might want to put something like this in future land use. And here's why. We are singling out housing but it seems that other types of land uses like industry and commercial, that these should perhaps be considerations for those as well. And that a broader application might be to study this for possible either future inclusion in our building code or to make recommendations to the Southern Building Code people or something like that, but it would have a broader application than just residential. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: Yes. I was going to add some wording for this section, but Margie convinced me I think it belongs elsewhere. CHAIRMAN STRAIN: And I think we ought to definitely-- David, we're going to be getting to the FLUE -- by the way, I was wrong, we're not going to finish by noon -- this afternoon, and by the time we do, if you have a chance that would put together some language that would structure it around incentives to implement the Florida Energy Plan, or something like that, that might suffice to get it into the FLUE. And at least that way we could use that as a beginning foothold into more energy conservation. So good suggestion. Okay, any other questions on the housing element at this time? (N 0 response) CHAIRMAN STRAIN: Hearing none, we'll go on to recreation and open space element. Page 98 March 30, 2006 MR. KRASOWSKI: Mr. Chairman. CHAIRMAN STRAIN: Cormac, you got up for that one. I was afraid you were going to be talking on that too. MR. KRASOWSKI: Mr. Chairman, can I please make one additional point? It would take a second, two seconds. And that is that all of the financing I've seen regarding housing has been projected over the standard 30-year mortgage. Ifwe were to increase mortgages to 35 and 40 years, 50 years or 99 years, some people buy old palaces in Pennsylvania and take out a 99-year mortgage, they intend to be there with their families and stuff. But if you use that sliding scale, it can make houses more affordable to more people. That's just one point I wanted to bring up. CHAIRMAN STRAIN: Good point, Bob. MR. KRASOWSKI: Okay, thanks. CHAIRMAN STRAIN: Appreciate it. Hi. We will start with Page 1 of the recreation open space element. Any questions on Page I? (N 0 response) CHAIRMAN STRAIN: Page 2? (N 0 response) CHAIRMAN STRAIN: Page 3? (N 0 response) CHAIRMAN STRAIN: Page 4? I have a question on Goal 2. Bold print says the county shall promote a neighborhood park system to meet the recreational needs of residents within the county. Will that system be implement -- well, first of all, are you going to establish a level of service for it, and will that be part of the AUIR in the future? MS. TOWNSEND: For the record, Amanda Townsend, with parks and recreation. The answer to both questions is no. CHAIRMAN STRAIN: Okay. Then why are you doing it? Page 99 March 30, 2006 MS. TOWNSEND: Neighborhood parks is a concept that the parks and recreation department supports significantly. I think neighborhood parks are important. However, they're not established in the CIE as a level of service. And I don't think we have any intention of doing so. CHAIRMAN STRAIN: Well, see, my concern goes back to the fact, I don't disagree with you, they're very important, and I think that every community should have them. But if we continue to require those and not count those in the system, then we have the system out even more, I'm wondering how we're paying for more than we really need based on the fact we have all these smaller parks now that help offset some of the use of the larger ones. MS. TOWNSEND: In fact, most neighborhood parks come to us now through the PUD commitment process and do not come through retrofitting a neighborhood park into an existing community. The parks and recreation department has a policy that guides introducing a neighborhood park into an existing neighborhood, should those community members want one. However, we've had an extremely varying level of success in doing so. CHAIRMAN STRAIN: Well, your next page, you get into Policy 2.1.2 in which you're going to determine on a case-by-case basis these neighborhood -- which are suitable for neighborhood parks without a level of service. How are you going to be fair in how you handle that from one project to another? MS. TOWNSEND: Factors that would be considered would include the number of units within the PUD, the number of acres in the PUD, proximity to another park facility. But also, and more importantly, safe pedestrian or bicycle access to that proximitous (sic) facility . I'm not sure that we would take into consideration the proposed demographics for who would live in that PUD, because the character of anyone given neighborhood changes over time. Page 100 March 30, 2006 We may consider if there is a preserve element within that PUD, if there's recreational access to it, that may be another factor to consider. CHAIRMAN STRAIN: David, any implementation of the criteria that she just spoke about, would that now coming back to us through language in the Land Development Code in order to -- the criteria in order to establish how much park acreage comes from any particular development of any type? MR. WEEKS: It wouldn't necessarily have to, nor do I think had staff contemplated doing so. CHAIRMAN STRAIN: Okay, well, then the decision on what demographics to use, what statistics to use is up to who in order for a PUD to get through a rezone process? MR. WEEKS: As part of the rezone review process, parks and rec. department, which does have the opportunity to review those, would have a chance to review those proj ects and make those recommendations that you should provide a neighborhood park of "X" size or including "X" facilities. CHAIRMAN STRAIN: And we have recommendations like that coming to us periodically. Most notably we have recommendations from the utility department for well sites. And I heard at one particular Planning Commission meeting, those are considered extractions, they're forced contributions. Are we getting ourselves into that without having established a level of service and criteria by doing this so casually? MR. WEEKS: Actually, as I read the policy I see I'm completely wrong. It says right in there we will amend the LDC to establish the process. My apologies. So we are stating in the policy that we will formalize this process. CHAIRMAN STRAIN: So it will be in the Land Development Code. MR. WEEKS: Yes, sir, I misspoke. Page 101 March 30,2006 CHAIRMAN STRAIN: Then I have no questions further on that one. Page 6? (N 0 response) CHAIRMAN STRAIN: 3.1.6, the county shall encourage the development of pedestrian pathways and bike lanes from and surrounding residential community park sites. Just out of curiosity, why did you use the word encourage versus the word require? I'm on Policy 3.1.6 on Page 6. MS. TOWNSEND: I do see that. I was checking because that same policy is under another goal. COMMISSIONER CARON: 2.15. MS. TOWNSEND: 2.15. And I was looking to see, they both say encourage. CHAIRMAN STRAIN: Good. I missed the first one because it wasn't in red ink. So now I have the same questions about that one. MR. WEEKS: What happened here was the Planning Commission at the previous hearing had directed us to delete Policy 3.1.6. And the discussion was this is redundant because it's covered by previous policy. Staff is recommending that you not delete this policy. And the reason is though it's redundant, they're under two different objectives. One objective is pertaining to neighborhood parks, one is pertaining to community and regional parks. So we're just putting the language back in to read the same as it was so it would apply to both different park facilities. CHAIRMAN STRAIN: Well, then, I guess we'll go back to my original question. Just out of curiosity, how do we get the word encourage to work in that sentence? Encourage, the only problem is it's not a word that carries a lot of weight. And the language that was struck in 2.15, where appropriate and economically feasible, again I think that was struck because that doesn't carry any weight. So if you're going to encourage something, Page 102 March 30, 2006 you might as well not say it, because no one's going to have to do it. So is it something that you can require? Or is requiring an interconnection to a community -- for example, if you have a gated community and they have access to a park, they're going to object because of the security issues. But at the same time, there's nothing that says they can't gate their exit and entrance to that park from their gated community. So I'm just wondering why we just don't require it. MS. TOWNSEND: I'm not sure that in every instance it could be required. I think it would probably depend on the location of the park site and the configuration of the transportation network adjacent to it and that leads to it. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: I am aware that up in the new park that's being built, the north regional park, a community directly adjacent to it wanted access, and because of security reasons asserted that that access was denied. So there is something to add to the bailiwick of questions. CHAIRMAN STRAIN: Then the county's own policy of encouraging is being broken by the county. COMMISSIONER MURRAY: Well, they have a policy of discouragement with respect to that based on the security. MS. TOWNSEND: Let clarify that, if I may. The policy of the parks and recreation department is to encourage pedestrian and bicycle access to park sites. However, we do not encourage those accesses when that access would be limited to who it was available to. Those are only encouraged when they're available to all of the public. Therefore, if that access were on the other end of the neighborhood, there were a gate, the parks and recreation department does not support those accesses. COMMISSIONER MURRAY: Not to argue with you, Amanda, but if you think about the neighborhood park thing and try to correlate Page 103 March 30, 2006 that, at Sable Bay the PUD requires a park, community -- a neighborhood park in there. It's less than a mile from the community park, and it's certainly not going to be available to any of the residents. So you have a contradiction I think in that. I'm not trying to put you on the spot here, but it is something that I think needs to be thought out a little more. CHAIRMAN STRAIN: Commissioner Caron, then Commissioner Adelstein, then Commissioner Schiffer. COMMISSIONER CARON: I just need to back up a little bit here, too, and I don't want to get off the subject, so Brad, did yours relate to what -- COMMISSIONER SCHIFFER: I was just going to say I remember that application, and these people wanted a private access to the park that they couldn't control. They couldn't control the hours. That's not what we want. CHAIRMAN STRAIN: Mr. Adelstein, is that on this issue? COMMISSIONER ADELSTEIN: Yes, it is. These pedestrian pathways, do you actually fund those? Does -- is there just a fund for those paths, or do the neighborhoods do it? MS. TOWNSEND: In policy 3.1.6 the statement there is referring to the network of community and regional parks. In those instances, the parks and recreation department of course would be responsible for the pedestrian and bicycle accessway that hooked up with the transportation network. COMMISSIONER ADELSTEIN: But are you funding them at all? MS. TOWNSEND: Not the transportation network but, yes, the accesses that link up. COMMISSIONER CARON: I just wanted to get back. CHAIRMAN STRAIN: On this subject? Go ahead. COMMISSIONER CARON: I want to get back to language here, because in 2.1.3 again we have principals are appropriate and Page 104 March 30, 2006 economically feasible, and again, almost anything can be either economically feasible or not, depending on what side of the desk you sit on. So do we want to leave that language in there? MR. WEEKS: I'll say I don't -- CHAIRMAN STRAIN: Go ahead, Mr. Weeks. MR. WEEKS: You don't want to require the SEPTD principles, because sometimes they are in conflict with our zoning code requirements. CHAIRMAN STRAIN: I would heartily agree with that. I've been through that and they get very difficult to implement if you're not careful. In this case that might be the only way that it can be put in there because it's something that's very hard to implement in a lot of different cases in this county. I mean, I'd recommend we leave it like it is, Donna. COMMISSIONER CARON: Um-hum. CHAIRMAN STRAIN: Mr. Tuff -- Ms. Student? MS. STUDENT-STIRLING: Thank you. I wanted to build on a point you made about the acts of pedestrian and bike access to the parks and gated communities. I think, Mr. Strain, your point is well taken, because there's case law that tells us where public ways are required on private property as a condition of some kind of development approval, that, you know, you can run into problems with it and it could run afoul of the rough proportionality test set forth by the United States Supreme Court, particularly in the Nolen and the Dolen cases. So I just wanted to build on what you said about where there's a gated community, the idea if that's needed, you know, then there would be gated access to the park so the general public wouldn't be going through, you know, on folks' private property to get there, other than the residents of that community. CHAIRMAN STRAIN: Based, though, on your comment, and Page 105 March 30, 2006 based also on staff s comment that there are times that they need to have a park restricted from public access to meet security reasons, does the policy as written work in those instances? Because if we're encouraging it yet we're disallowing it, are we contradicting ourselves there, or are we just better off leaving it like it is? MS. STUDENT-STIRLING: I think it probably gives you enough room either way. Because where it's encouraged, you don't have to do it. So if the county doesn't want to allow access for security reasons, it covers that, too. CHAIRMAN STRAIN: Okay. Thank you, I appreciate that. Public speaker on -- MR. WEEKS: Yes, sir, we have one. Bob Mulhere. MR. MULHERE: Thank you. For the record, Bob Mulhere with RWA. I just wanted to be clear on a couple of points here, and I didn't bring the exact language with me, but I did read through it and I'm pretty sure you can recall specifically what my concerns are. There's language, I think it's 2.1.5, but there's language that says that neighborhood parks will be required within planned unit developments or -- CHAIRMAN STRAIN: 2.1.2, yes. MR. MULHERE: 2.1.2. What it doesn't say in there, and I think maybe it should for clarification purposes, is to serve the residents of that community. I think that's the intent. I think the intent is that, you know, you used Sable Bay as an example, we were required to put an internalized minimum standards -- I'm sure they'll exceed those standards, but there were some minimum standards, they even quote some organization or -- that has minimum standards for parks. And of course that's a gated community. And it seems to me it would be made very clear if the intent is -- if the intent is to get -- conversely, if the intent is to have neighborhood parks provided by an Page 106 March 30, 2006 applicant for a rezone for a PUD that is open to the general public, then it ought to be subject to impact fee credits, because we pay impact fees for those kinds of things. And I think -- and a second comment, and that's related to this providing accessibility to community and regional parks if you're nearby, I mean it, first of all, it makes a lot of sense. But I think secondly, I think the code itself requires -- I mean, you have a gated community, but you still have to have an external sidewalk system, and that has to be connected -- and bike path system -- to the arterial or collector roadway that's adjacent to your project. So you're going to have connectivity to a nearby or adjacent community or regional park through the arterial or collector sidewalk and bicycle system. Now, if that doesn't exist, and there are a lot of examples where it does not exist and places were built before it was required and they don't exist, then I could see some kind of negotiated process, perhaps during a PUD, where an applicant might be willing to provide some improvements or some dollars for improvements relative to that sidewalk system so that not only their residents but the general public could more easily or more safely access that community or regional park. But I think that's a negotiation process. And I hope I'm consistent with what your intent is there. If that helps at all, I just wanted to share that with you. CHAIRMAN STRAIN: Okay. Bob, I think what we need to do is suggest some language, if you could -- I know you can't do it right now, but here's what I'm considering. After the word in section 2.1.2, third line, a suitable neighborhood park, and then comma, to serve the residents of the PUD. You're Ms. Townsend? MS. TOWNSEND: I am, thank you. CHAIRMAN STRAIN: Thank you. Would that language work in that location in that paragraph to address that issue? Page 107 March 30, 2006 MS. TOWNSEND: I believe it would. CHAIRMAN STRAIN: Okay. Now, as far as the impact fee credits go, I know just to address the issue that Bob brought up, I mean, the impact fee credits for regional and community parks, and we're talking here about neighborhood parks; is that right? MS. TOWNSEND: That is correct. That is correct. The intention is not for this to -- for this policy to apply to a facility that would be available to the general public. The intention is that it would serve -- that's the nature of a neighborhood park is that it is a walk to or bicycle to facility that serves the immediately surrounding residents. CHAIRMAN STRAIN: Ifwe insert that language, though, it works. MS. TOWNSEND: Yes. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Yes, sir, Mr. Murray. COMMISSIONER MURRAY: Not every neighborhood park is within a PUD, is it? MS. TOWNSEND: No, sir. COMMISSIONER MURRAY: So how do we address that? CHAIRMAN STRAIN: This only addresses PUDs. MS. TOWNSEND: Yes. COMMISSIONER MURRAY: Fine, that covers it. CHAIRMAN STRAIN: Are there any other comments needed then at this point? Okay. Thank you. We'll entertain a motion for approval of the recreation and open space element with the corrections presented by staff and the language corrections suggested here today by this panel. COMMISSIONER SCHIFFER: You got it. CHAIRMAN STRAIN: Motion made by Commissioner Schiffer, second by Commissioner Murray. Discussion? (N 0 response) Page 108 March 30, 2006 CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody -- COMMISSIONER MURRAY: Aye. I'm with you. A little slow, but I'm with you. CHAIRMAN STRAIN: I was going to say he voted twice, but he didn't. Motion carries 7-0. COMMISSIONER SCHIFFER: Let's do lunch. CHAIRMAN STRAIN: Okay, lunchtime. Now, if we leave now, we come back at a quarter to 1 :00, or we get into -- for those of you that like that Subway food, you get in quicker. Is that what you want to do before we start on the CCME, because that's going to take a whole bunch of time, probably. With that we'll break for lunch right now. We'll be back here at quarter of 1 :00. (A lunch break was taken) (Commissioner Adelstein is not present) CHAIRMAN STRAIN: Thank you, David. It's 12:45, and we will resume the meeting for the EAR amendments. The first element we're going to be discussing right now is the CCME. MR. COHEN: Mr. Chairman? CHAIRMAN STRAIN: Yes. MR. COHEN: We have speakers on the CCME. We have one, two, three -- looks like we have four speakers on the CCME, Mr. Page 109 March 30, 2006 Chairman. CHAIRMAN STRAIN: Are the sections specific or are they just general? MR. COHEN: Three are general, one is specific. CHAIRMAN STRAIN: Okay. Only reason I'm asking, Randy, if we know someone's interested in a particular specific policy, we can at least entertain -- this is a long element so maybe we should try to fit them in at the time it occurs. MR. COHEN: Yes, sir. CHAIRMAN STRAIN: Okay? Bill, how are you doing, sir? We're just going to start, like we have, start with Page 1. Any questions from the panel on Page I? (N 0 response) CHAIRMAN STRAIN: Page 2? (N 0 response) CHAIRMAN STRAIN: Page 3? Bill, question on Policy 1.1.2, the language that was added. It says the Land Development Code shall be revised to reflect the adoption of new and/or revised natural resource management and environmental protection standards and criteria. Doesn't that have to happen anyway? MR. LORENZ: Yes. CHAIRMAN STRAIN: Okay. It's kind of like PUDs, when we have all that redundant language that mimics the codes. I don't know if -- if this is not needed, can we just delete it? MR. LORENZ: Well, I think so. I mean, this was trying to replace Policy 1.1.2, which at the time was the first that -- the land development regulations for the first growth management plan. So I think the wording here was simply to recognize a continuation of that effort. But-- CHAIRMAN STRAIN: Well, let's see if there's anybody thinks we need it. I mean, if there's a reason to keep it, I have no problem. I Page 110 March 30, 2006 just didn't know if there was a reason. COMMISSIONER CARON: Is it not just directing people to look at the LDC for further revised -- COMMISSIONER MURRAY: The first sentence already has that. CHAIRMAN STRAIN: Yeah, they have to look the LDC anyway, because the GMP isn't the implementation code. COMMISSIONER CARON: Well, that's true, the first sentence takes care of it. MR. COHEN: Mr. Chairman, legal counsel would like to weigh in on this. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT-STIRLING: Thank you. Just a little bit of history here. Policies are the means by which you achieve the objective. And way back when we did the original plan, if we have to identify ordinances that have to be either adopted or amended to reflect something in the compo plan, we always did that, because that's what a policy shows, a program or ordinance or a means to implement the objective. So that's why oftentimes you reference the ordinance in a policy. That's just a little history. CHAIRMAN STRAIN: Okay. And the ordinance is referenced in the prior sentence. MS. STUDENT-STIRLING: That's correct. CHAIRMAN STRAIN: If there's no objection to taking it out, I don't know we need to be redundant. COMMISSIONER SCHIFFER: I remember the conversation we had when it was put in was that this concern was that policies can be adopted and then how long a time or when would it ultimately be put into the LDC. I think what this objective did is made sure that it was obvious that anything changed would be immediately put into the LDC. CHAIRMAN STRAIN: Where is the word immediately? Page 111 March 30, 2006 COMMISSIONER SCHIFFER: Well, we could add that. But, I mean, what it's saying is it shall be revised. That gives me a sense of CHAIRMAN STRAIN: I mean, I was just trying to clear it up. If somebody wants it in, I mean, it doesn't do any more, do any less. COMMISSIONER SCHIFFER: I mean, if there was a new standard, we'd want to make sure that it got into the LDC as quick as it could, not just float out into new standard space. COMMISSIONER MURRAY: Wouldn't that be a natural process? Wouldn't that be -- each organization, as it finds changes that require the LDC code, wouldn't they opt to go forward with that? COMMISSIONER SCHIFFER: Bill, what do you think? I . , mean It s -- , MR. LORENZ: Well, I'm just looking back at the history, and if I'm looking at my proper documents, the original -- what staff originally proposed was simply the first sentence. And then at the -- let's see, at the -- I believe at the first CCPC meeting, I think the CCPC directed to place the second sentence in. So at least that's my history. I'm not sure if David or Jean is tracking that. So I mean, it's -- I can live with it either way. COMMISSIONER SCHIFFER: I don't see the concern over redundancy. Is it redundant? Maybe. But the intent of it is to make sure that changes get put into the LDC. CHAIRMAN STRAIN: Well, it isn't -- I didn't bring it up thinking it was a problem. If there's any question, just leave it there. I just was trying to shorten our documents where they weren't needed to be duplicated. So let's move on to Page 4. (No response) CHAIRMAN STRAIN: Page 5? (N 0 response) CHAIRMAN STRAIN: Page 6? Page 112 March 30, 2006 (N 0 response) CHAIRMAN STRAIN: Page 7? COMMISSIONER CARON: I have one on 7. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Down at the bottom of the page, were we not going to say that state water quality treatment standards in effect at the time of project approval? COMMISSIONER SCHIFFER: Yes, we were. MR. LORENZ: Yes. That's a good point. CHAIRMAN STRAIN: We need to add that language. Page 8? (N 0 response) CHAIRMAN STRAIN: Page 9? (N 0 response) CHAIRMAN STRAIN: Page 10? (N 0 response) CHAIRMAN STRAIN: Page II? (N 0 response) CHAIRMAN STRAIN: Page 12? (N 0 response) CHAIRMAN STRAIN: Page 13? On Page 13, in the middle of the page, 5.1.4, the fifth line down reads the results of the permitted monitoring program shall be copied to Collier County. We're requiring a state agency to do something? Is that what I'm reading here? MR. LORENZ: The applicant should copy that, those results to the county. CHAIRMAN STRAIN: Okay. That's what your intent was, it wasn't just -- because I was wondering. Okay. Page 14? (N 0 response) CHAIRMAN STRAIN: Page 15? Page 113 March 30, 2006 (N 0 response) CHAIRMAN STRAIN: Page 16? (N 0 response) CHAIRMAN STRAIN: Page 17? MR. LORENZ: Let me add an item on Page 17 under paren. six, where the reference -- the citation of Policy 7 .1.2. We need to have a parentheses two before -- inserted after two and paren. I, to make it a correct citation. CHAIRMAN STRAIN: Okay. Thank you. Richard, if you have -- are you -- if you've got something on this page, let's hit it while we're here then. Because this is a rather large element, so I'd rather get the public on the issues that they have as we go through. MR. YOV ANOVICH: I think we have the same pagination, but just to play safe. CHAIRMAN STRAIN: That's Richard Yovanovich. MR. YOV ANOVICH: I'm sorry. For the record, Rich Y ovanovich. CHAIRMAN STRAIN: I can't spell his last name. MR. YOV ANOVICH: Neither can I sometimes. It's in Policy 6.1, paragraph two on Page 15. That's the general statement that talks about the most contiguous area being the preserve area. And I think what that does, it covers what staff is trying to get to on Page 1 7 in paragraph eight where it says preservation areas shall be interconnected within the site and to adjoining off-site preservation areas of wildlife corridors. I think if you read eight literally, if you have in your project two separate preserve areas, and they're not interconnected, they don't count as preserve area. And also, it's not always, you know, practicable to go ahead and meet that goal. I think the overall goal is to have the largest contiguous area. And I think that's covered in two. I don't think you Page 114 March 30, 2006 also need it covered in paragraph eight. I just think it's duplicative and it's very difficult to enforce. Secondly, if you go to the top of that page, which is Policy -- it's sub-paragraph five, that starts on the previous page with an A and a B, there was a change to where it says does not result in any adverse impact. Now the word says benefits. I think that's -- I think you need to go back to any adverse impacts. Because if you read this literally, it could be very difficult to prove that when you're putting additional water into a wetland that you are in fact benefiting it. I think the goal is, is not to harm the areas that you're using also as water management. And, you know, this becomes important as sites get smaller and smaller and they're more infill. If you can't share facilities, your preserve area with your water management area, where there's no detriment to the environment, it doesn't really make any sense. So I would like you to go back to the original language where it says does not result in any adverse impact on the naturally occurring. Because it's very difficult to prove a benefit. I think it's easier to prove that you're not harming the area. So I think that covers that page and the comments we have on that one, what I have on it. CHAIRMAN STRAIN: I need to -- after you and Wayne's behind you, I guess we'll then talk to Bill Lorenz about your suggestions. Thank you. MR. ARNOLD: Hi. Thank you, I'm Wayne Arnold. And I don't want to be redundant on what Mr. Y ovanovich just said, but I had a little bit different take on Page 17, paragraph B, also addressing where the word benefits had been inserted into that in lieu of the language, it says does not result in any adverse impact. And I was thinking that, you know, maybe the compromise position, if there would be one would be to delete the word benefit where it is, keep the language that says does not result in any adverse Page 115 March 30, 2006 impact, and insert a phrase that says and may benefit the naturally occurring native vegetation. Something to that effect. I don't think it changes, hopefully, the intent, which is that you're not harming vegetation. But I think, as Mr. Y ovanovich was saying, we have systems and typically in especially larger proj ects, we utilize some of the wetlands systems. I don't know that I can demonstrate that I have a benefit to that larger wetland system by discharging some water into that system, but I can obviously prove that I don't harm it. And I would like to see that we don't eliminate that possibility, because it would render a lot of prior projects and future projects in a very difficult situation to make their water management system work. The other comment that I had was, again, the same as Rich, on Item No.8 regarding the interconnected. And I just would point out that on my notes, as I was taking notes as the Planning Commission meeting evolved last time around, was that we were going to add some language on flexibility there. And maybe that wasn't the direction of the Planning Commission ultimately, but I had language that would talk about the interconnection of these preservation areas on-site and whether or not it was practical or where possible, et cetera. CHAIRMAN STRAIN: I think we'll have some discussion on this, sir. MR. ARNOLD: Okay. And the only other thought I had, and it was really a question more than anything. Right now we have a paragraph seven there that talks about exceptions, and we sort of dealt with that by offering up a deviation possibility that would be the result of an LDC change. And my only question is what happens in the interim between the time that this would be adopted later in the year and then we have a year to adopt LDC changes, is there still any exception language in there that would be applicable? And that was really a question more so than any specific comment. CHAIRMAN STRAIN: Well, while you're -- let's finish with Page 116 March 30, 2006 that question, then by Ms. Student. Can you address that, please? MS. STUDENT-STIRLING: Yeah, I would think that until we have our implementing LDRs for this, that we would -- you know, we can't bring the deviation process into being until we have the implementing LDRs. CHAIRMAN STRAIN: But I think his question was if you can't do that, then in the meantime, even though the GMP gets adopted and changed to eliminate the exceptions and the LDRs still require the -- still revert to the exceptions, yet we don't have the deviation language in the LDRs, which one -- how do we govern during that period of time? MS. STUDENT-STIRLING: I think we might have to -- I don't see how they can apply for something we don't have yet in the LDR, so anybody that wanted to do that I think we might have to hold it up until we have the process in the LDR. That's just an off-the-cuff answer. Or we might want to wish to write something there how we would proceed in that interim period. MR. ARNOLD: Well, I guess that was one of the thoughts I had, kind of expecting that that might be the answer. And that would be that, I think that's now Item 10 where we talk about that, that maybe until such dates as those are adopted, that you could at least revert back to paragraph seven, something to that effect. Just so that there is an opportunity in some cases for people to deal with the situation that has been in existence, I guess since -- I'm not sure when that item seven came into being. I don't know if it was dated back as far as '89, but it's been there for several years now. CHAIRMAN STRAIN: Okay. Well, I'm sure we'll run it by Mr. Lorenz here. MR. ARNOLD: Thank you. Mr. Anderson, did you have something to add? MR. ANDERSON: I want to address myself to Policy 6.1.1, Page 11 7 March 30, 2006 paren. two that's underneath the table. CHAIRMAN STRAIN: You know, everybody puts that on there upside down. I'm wondering if we could ever change the orientation of that thing. MR. ANDERSON: I want to address myself to the definition of native vegetation, and how it is defined. If you'll look at paragraph paren. number two, you'll see where we use the term native vegetation and it refers to canopy, understory and ground cover. And I believe that for purposes of consistency, we ought to reference understory and ground cover in paragraph one in defining what is native vegetation. I show you here a picture of something that has been determined to constitute native vegetation, based simply on the definition of canopy only. And I'll show you a picture on that same piece of property that's been determined to be non-native. And I challenge you to tell me the difference. Now, a picture may be worth 1,000 words, but that's never stopped a lawyer from talking. COMMISSIONER CARON: Amen. MR. ANDERSON: And my proposed language change -- and it would be equally applicable to similar wording which appears in Policy 6.1.2. And here's how I would propose to change that definition, for purposes of consistency. Now, it's my understanding that when a landowner has preserve lands or lands that he wants to put in preserve, that he wants to qualify as native vegetation, he has to go in and if there is not ground cover and understory, that he's required to replant that. And all I'm asking is that we be consistent in how we define and treat native vegetation all the time. And I thank you for your time. COMMISSIONER ADELSTEIN: Can you read that? I can't see it. Page 118 March 30, 2006 MR. ANDERSON: Yes, sir. It says for the purpose of this policy -- CHAIRMAN STRAIN: Bruce, you're going to need that microphone, I'm sorry. I can read it from up here if you want. For the purpose of this policy, native vegetation, as is defined as indigenous vegetative communities with understory and ground cover having 75 percent or less canopy coverage of Melaleuca and other invasive exotic plant species. COMMISSIONER ADELSTEIN: Okay, thank you. MR. ANDERSON: Thank you. CHAIRMAN STRAIN: Thank you, Bruce. Bill, I think we're going to have some questions. I guess I'll just move into it. Let's start with 6.1.1, paren. one, the recommendations that Bruce just suggested for number one. Do you see a reason that those would be inappropriate or unworkable? MR. LORENZ: Let me have Barbara Burgeson speak to you on that, the definition. CHAIRMAN STRAIN: Okay. MS. BURGESON: For the record, Barbara Burgeson, with Environmental Services. The reason that the language did not include ground cover and mid-story is because there are a number of native habitats that don't have all three. You can go out to a number of Pine Flatwoods where the ground cover is a thick layer of pine needle and you don't have any ground cover that's coming up through that, nor do you have any mid-story. So we don't want to put in there as an obligation, because there are habitats that don't have that. Same with a marsh system, and they would not have an all three strata. The canopy in a marsh system would be either that mid-story or that ground cover that exists there, but you wouldn't have all three strata. Page 119 March 30, 2006 So we go by canopy, and canopy is defined as the canopy coverage there. It doesn't mean trees. So in a native system where the canopy is the typical mid-story or shrubbery, then that's also a native system. Where in a system where it's a marsh and the canopy in that system is just the grasses, then that's where the native vegetation definition excludes on purpose having those two additional defining layers in there. I don't know if you want me to address -- CHAIRMAN STRAIN: We're going to get into the other issues one at a time, but let's make sure we resolve the picture. COMMISSIONER CARON: The picture. CHAIRMAN STRAIN : You want the picture back on? You wanted to address the picture? MS. BURGESON: Yeah, there are a couple of things on that. This is a project that's under review right now. And staff and the applicant have agreed to the definition of native vegetation on this site so that it can move forward through the process. And so I believe it will probably be coming to you and to the Board of County Commissioners. Particularly -- there's a couple of issues here. One, the -- this site had some exotics in it in the early Eighties in the mid-story, and there were some issues there. Through some direction by the Board of County Commissioners, the property owner was permitted to clear just the exotics in the mid-story and to leave the remainder of the native vegetation. We have on record that some of the mid-story native vegetation was illegally cleared, but a code case specifically was not opened. There isn't anything that permits this property to continue to maintain, to seed and mow this property; however, they've been doing that. A lot of small pines were removed from the site. So the property has been constantly managed and maintained. If this piece of property -- and we've got a number of properties Page 120 March 30, 2006 similar to this. If this piece of property were not managed that way, and there's nothing that permits them to do that but they have been, if were not managed that way, the understory growth would restore itself in typically a fairly short period of time, roughly four to five years. There was also an issue about us requiring plantings of mid-story and ground cover, and that's not true. We would not -- if we determine that an area is native vegetation by definition, we do not require any additional enhancement, it's only up to the applicant and the property owners to whether they want to do that. Because by defining it that way, we are letting people know that we will accept it that way. So if we've defined it to be a native habitat, then we accept it that way. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Okay, Mr. Anderson showed two pictures and he said one is considered as, the other one is not. MS. BURGESON: Right. I think what he was pointing out there is one actually has wetland grasses. And it's hard to tell by that picture. And we've had a number of staff go out there and identify the wetland grasses in that area. Even the consultant from Wilson-Miller agreed that that area there had wetland grasses. So pointing out an area that has wetland grasses that from when -- even when they're mowing it, it's almost impossible to tell. But periodically if you drive down Estey when they're not mowing it, that wetland area ends up with about an 18-inch, 24-inch tall wetland species coverage in that area. COMMISSIONER MURRAY: So there is a way of determining it. MS. BURGESON: Yes. CHAIRMAN STRAIN: Do we have ordinances that require us to cut weeds when they get to a certain height? Because I know that's another code enforcement issue on empty lots. MS. BURGESON: Well, there is an ordinance on that, and that's Page 121 March 30, 2006 code enforcement. And that's -- there is a weed and litter ordinance. I'm not sure that they would have deemed this to be a weed and litter situation. And I don't think they would have required them to do what they're doing out there. CHAIRMAN STRAIN: Are weeds naturally occurring? MS. BURGESON: The weed and litter ordinance usually applies to PUDs or residential areas where there's a single lot that becomes overgrown, and it's usually the homeowners association that turns those in and becomes those code cases. CHAIRMAN STRAIN: So if a weed grows on this lot it's understory, but if a weed grows on another certain lot, it's a weed and it has to be cut. Is that what it boils down to? MS. BURGESON: Well, you know, if a person wants to mow grasses, we are not going to prevent them from doing that. So if they want to get out there with a mower and mow the native grasses, there isn't anything in the code that prohibits them from doing that. But when we assess the property, we would recognize whether or not that area, if left alone and undisturbed, would either restore or naturally reforest into what we would want to identify as a preserve area. CHAIRMAN STRAIN: And I thought you said Estey Avenue. When I looked at this, I thought, boy, that looks like that lot on the corner of Estey and Airport Road. MS. BURGESON: Yes, it is. CHAIRMAN STRAIN: Okay. And you're worried about-- you're saying you want understory to grow back in that area? MS. BURGESON: It will once they stop. This is not necessarily the area that we selected as preserve or that was selected as preserve. That area is further back and there's a much heavier canopy. Ifwe had an aerial of the site, you could see that the area that was chosen for preserve is along the creek there where there's a mangrove fringe and native vegetation adjacent to it and a thicker native vegetation cover Page 122 March 30, 2006 that's along the side to the west end of the property. CHAIRMAN STRAIN: Barbara, I'm sorry to be confused on this, because I generally believe that if we can leave native vegetation, that's fine. I just thought in town especially, all right, or anywhere where there's a subdivision, if you've got -- if someone goes out and maintains their property, I can't see why that's a wrong thing to do. Because usually we're after them to maintain their property. And this looks like -- this is an example -- MS. BURGESON: Well, this is illegal clearing of the mid-story native vegetation on that site, and we didn't require them to replant that or restore it. CHAIRMAN STRAIN: Okay. I'm not sure this site factors into all this today. MS. BURGESON: Well, the other issue on this that I just wanted to point out is that if this board chooses that we want to make a change to the definition of native vegetation, it really has to get back to the EAC for them to review it and discuss it. Because that is a major issue and a major substantive change to the GMPs. CHAIRMAN STRAIN: Well, similar to what I had a board member discuss to me, that changes are made in front of the BCC after it leaves up. It's up to the BCC to make that policy decision. MS. BURGESON: Right. I understand that. CHAIRMAN STRAIN: I mean, I'm sure we can decide on how we want to move this forward or not, based on the language today. And if the BCC wants to move it back to us or the EAC, then that's their prerogative. MS. BURGESON: Do you want me to address paren. eight? CHAIRMAN STRAIN: Before we go any further, we need to get a consensus on where we're at with paren. one. And I'm trying to understand the downside to include from your perspective, if you include the understory or ground cover in number one. I know you explained -- Page 123 March 30, 2006 MS. BURGESON: Then you actually exclude many native habitats from being defined as native, if you required and identified them by including mid-story and ground cover. CHAIRMAN STRAIN: Oh, so if this were -- if -- it would have to have all three then to qualify as native habitat, not just the canopy; is that what you're saying? MS. BURGESON: Right. If you included that language in this paragraph that way. CHAIRMAN STRAIN: Okay. Well, I understand. Okay, any other comments on number one? Mr. Tuff? COMMISSIONER TUFF: I just would like to see if -- I can't -- for lack of us doing more damage than good, I'd like to recommend his changes just as they were. I can't see how we can get hurt with what he's got there, versus this could cause -- I guess I'd like to move forward with what he recommended. CHAIRMAN STRAIN: Mr. Anderson, you had something more you wanted to throw in? MR. WOODRUFF: For the record, Andy Woodruff. I will make a couple of comments here. The way that Mr. Anderson had reworded the paragraph there to include indigenous vegetative communities, I don't think that's going to exclude, for instance, wet prairies, if they don't have a canopy or an understory. Because we recognize those to be indigenous vegetation communities, so that not all of our community types are going to have a canopy, a shrub or a ground cover necessarily under all conditions. But as long as we recognize those as indigenous communities, I think that they're covered there. The other point I'd like to bring up is Barbara mentioned that staffs interpretation of what constitutes a canopy, and that she mentioned that that does not mean tree cover. I can tell you from my experience that that is the way that staff has been interpreting that code. Page 124 March 30, 2006 And that if I have, for instance, a habitat type that has a couple of pine trees in it and the understory is a complete mono culture of Brazilian pepper, they will consider that to be a native habitat type, even though I have greater than 75 percent cover of an understory specie. Because it does not reach canopy tree level, they still consider that as a native habitat type. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: I just -- throwing more wood on the fire here. Under number one, it says for the purpose of this policy native vegetation is defined as. And under number two, the preservation of native vegetation shall include. Doesn't that include -- doesn't that work to what you were attempting to say, although you wanted to have it stipulated in both? MR. ANDERSON: It's not being interpreted that way now. COMMISSIONER MURRAY: But that's the way I interpret it reading it. It says the purpose of the policy is defined as, and then it says it will be preserved as. And I would read that the same way you intended to have it modified. MR. ANDERSON: Well, that's why I offered that change in the language up was to end that conflict. COMMISSIONER MURRAY: Otherwise, we need to have an exception, if an exception is required. And I'm not sure that it is. CHAIRMAN STRAIN: Any other comments? Because I'm still -- Mr. Yovanovich? MR. YOV ANOVICH: It kind of relates to section -- paragraph two, if you read the next one. If she's correct, the way I read the sentence, the old language, it says the preservation of native vegetation shall include canopy, understory and ground cover. If you don't have all three you don't get to count it as preserve area, as I read that sentence. So if we can't -- but yet I've got to count it in my calculation of Page 125 March 30, 2006 native area, but I can't count it to satisfy my requirement of preserving native vegetation. So I would think we would need to have consistent definitions for purposes of figuring out how much I've got to save on my property and what qualifies as meeting that requirement. CHAIRMAN STRAIN: Okay. Thank you. Barbara? MS. BURGESON: The definitions are consistent. If you look at number two, where it says the preservation of native vegetation shall include canopy, understory and ground cover, that's -- once you've defined that you've got a native vegetation community, you need to include and maintain all three strata in that community. And that's to preclude people from going in and what we used to have in the preserves in the early Nineties, is they kept the trees, they thinned out the mid-story, they took out the native ground cover and they sodded those areas so that they encroached into those preserve areas and they created park-like situations. So if we've deemed that it's native vegetation and it has all three strata, then they need to maintain all three strata in that. It can't -- the preserve can't be maintained partially, is what we're trying to say. And by the definition of native vegetation above, we do define native vegetation by the canopy. If there is -- it's sparse Pine Flatwoods with a 75 percent Melaleuca mid-story -- or I'm sorry, Brazilian Pepper mid-story, we do consider that a valid Pine Flatwoods. And Pine Flatwoods can typically be 75-foot on center for pines or lOO-foot on center. When you remove the Brazilian Pepper out of the mid-story, you've got a viable, native functioning habitat once that Brazilian Pepper is removed, because we're using the definition here that the canopy of the Pine Flatwoods defines that area as a preserve. Staff is not going to go to the extreme of claiming areas as native vegetation by definition number one. We don't want them to be Page 126 March 30,2006 identified on the property as -- for preservation. So we have to be able to accept them as preserve. So if they are not native by definition, we would have no benefit. We would not want to claim that, because then those areas, as native vegetation would be, if they fall under the remainder of the criteria, would be areas that we would be required to keep. Or could be, under circumstances. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Just so I understand, Barbara, in parentheses one, what you're saying is in anything, including the sole trees, the canopy area of that tree would be considered native vegetation. That is, if you proj ect the canopy down on the ground, that is the area of native vegetation? Is that what that's saying? MS. BURGESON: No, that's defining the community or what we identify as the flux mapping unit. Defining that Florida land use cover mapping system that we use, we would identify typically the flux area and identify the canopy coverage in that area. COMMISSIONER SCHIFFER: Not concerned about the ground cover or the new level. MS. BURGESON: No, in this situation we were asked to do drip lines over the individual trees, and we agreed to compromise on what we felt the definition meant. And we excluded -- we excluded some of the corridors between these trees. So staff did exclude the corridors where the ground cover was non-native grasses. And it included the patchy areas of pine canopy, native vegetation. So where Bruce is saying some of these areas were or were not identified as native vegetation, some of those corridors were not identified. And we could show you that, and we probably will be showing you that when this comes through to the Planning Commission. So we did exclude those areas in this particular case. COMMISSIONER SCHIFFER: And a drip line would be the outer edge of the canopy? Page 127 March 30,2006 MS. BURGESON: Correct. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Barbara, would it hurt if you were to -- where Bruce wanted to insert the words understory and ground cover after the word community, simply say community with either understory or ground cover or canopy or a mixture of any of those elements and then go on? The reason I'm concerned is that I understand how you believe you're interpreting it. I don't doubt that you do when it comes in. But there are other departments in the county that aren't interpreting it, I know for a fact, the way you're stating right now. They have their own way of interpreting it. And that's causing a lot of problems out there for the general public. MS. BURGESON: I mean, there shouldn't be any section except ours defining that. That's our-- CHAIRMAN STRAIN: I wish that was the case. MS. BURGESON: Well, if you can give me an opportunity to think about that? What were you proposing -- CHAIRMAN STRAIN: Well, first of all, I want to ask Mr. Anderson if he could think about it as well. If you were to change -- I think what you're trying to get to is none of you want to say it's got to have all three, because that eliminates ones that don't have all three. But yet if it does, you're telling us that sometimes just understory of a certain type or just canopy or whatever it could signify it. And maybe if there was a way to include all three as an or, or elements of each one, that would give enough flexibility to both sides so that it would work. So if you say either understory or ground cover or canopy, or a mixture of those elements, and then if they have 75 percent or more of Melaleuca, then you're -- it's considered invasive plant species. You understand where I'm trying to go? MS. BURGESON: Yeah, I'm just not sure that that doesn't-- Page 128 March 30,2006 CHAIRMAN STRAIN: I'm not either. That's why-- MS. BURGESON: -- cause more harm to the definition. CHAIRMAN STRAIN: I don't know. I'm trying to understand this in a manner that gets us to a solution, and I haven't found one yet. Mr. Schiffer? COMMISSIONER SCHIFFER: Barbara, isn't the problem with that, though, is that the hardest part to get is the canopy? What you're saying is the ground cover is easy to reproduce, the mid-cover will be back in four or five years. So essentially with Mark's definition, if you just had ground cover or mid-cover, you really don't have the most important part of that environment, based on -- MS. BURGESON: Maybe the way to do this is to define the word canopy. If we come in here and say 75 percent or less canopy coverage and at the end of the paragraph identify that canopy shall mean tree cover just if trees that are natural to that habitat, shrubbery coverage if trees are non-typical or atypical in those habitats, or in circumstances where you have a freshwater marsh, then the canopy would be the marsh system, the grasses. COMMISSIONER SCHIFFER: And that way you could define areas outside -- MS. BURGESON: Correct. COMMISSIONER SCHIFFER: -- the canopy area. MS. BURGESON: Right. So we could define canopy. MR. ANDERSON: This is truly a case where we can't see the forest for the trees. CHAIRMAN STRAIN: Good point. MR. ANDERSON: My whole point, the thing that I'm trying to get at, is whether it's this grassed area or a cow pasture with some native trees on it and that's all it's got, that is considered native vegetation under the existing definition. Because if you leave the cow pasture alone, why, yeah, it could grow back, too. MS. BURGESON: That's not correct. Ifwe had something Page 129 March 30, 2006 submitted that way, the environmental consultant would map out the delineation of those areas that are cow pasture. We would not have that in and we would not review that. CHAIRMAN STRAIN: Well, we can't have a debate on this for the whole entire afternoon. So sometime before we finish with this -- MS. BURGESON: We'll sit down and look at it. CHAIRMAN STRAIN: -- would you guys try to come up with some language, if you can? And we're going to take our best shot at it, it may not please either one of you. MS. BURGESON: I think just trying to define canopy at the end of the paragraph should suffice. CHAIRMAN STRAIN: Well, take a look at that. Before we get done with this we'll come back to you. MR. ANDERSON: Two out of the three? CHAIRMAN STRAIN: Two out of the three what? MR. ANDERSON: Two out of the three of understory, canopy, or ground cover. CHAIRMAN STRAIN: You guys work it out and come back to us at the end of this meeting -- at the end of this element and we'll talk about it then. On number two, there was some concern over number two versus what's in number eight. Did one of you want to comment on that concern? MR. LORENZ: I think the concern was how number two would relate with number -- to some degree how number two would relate with number eight. Let me talk about number two. And this was information we worked through with the Environmental Advisory Council. We want to make sure that when we're looking at the largest contiguous area, that we have -- that provides a -- what's in the definition is called a core area that has the greatest potential for habitat value. And what we've seen in the past that come through is that a lot Page 130 March 30, 2006 of times somebody can construe the largest contiguous area as being a strip that's going all the way around a project site. That does not provide core habitat value. And so that was one way of trying to provide a little bit of more intention language to what the preserve shape should look like. And we are going to be working with some additional Land Development Code standards with the EAC here shortly to try to help develop Land Development Code regulations that will specify that a little bit better and make it more quantifiable. But at least this would be the intent that would go to. With regard to number eight, preserve areas shall be interconnected with the site and to off-site preservation areas or wildlife corridors. Again, they work together a little bit in the sense that there's some judgment that's going to be brought to bear. And I think what we need to do is to try to provide the criteria more objectively in the Land Development Code. But to develop that criteria to say that in certain circumstances there is an environmental value for connecting certain preserves within or off-site. In some circumstances, however, or situations, there isn't. And I think the concern that I've heard expressed from the public is that this policy number eight is very specific in terms of the mandates that they shall be interconnected, no exceptions. I think what we wanted to be able to do is to provide some degree of relief to that policy as a result of new Policy 12, which provides for those deviations. And certainly that was -- in my mind that was one way we could, quote, deviate from the strict adherence to policy number eight. Now, the argument there is that becomes -- sets up a situation where you'd always have to go through that deviation process to get relief from number eight. I think Barbara has some suggestions to that policy number eight, will provide for some relief. I think one of your speakers may have suggested some language as well. Page 131 March 30, 2006 But there again, maybe Barbara can provide you with some language here for policy number eight. See if that fits the bill. If not, then we could maybe come back at a later date to look at some language changes there as well. CHAIRMAN STRAIN: Barbara? MS. BURGESON: Before I read the language that I wanted to suggest, I do want to make sure that we understand the difference between interconnecting with on-site and to adjoining off-site preserves as being one requirement, and a second requirement being where there are known wildlife corridors. So we may want to split that out and identify that they have a higher obligation to maintain that connectivity if it's a known wildlife corridor. So we might want to look at creating some separation in those two. But what I had proposed was -- or what I was working with anyway was preserve areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. And then adding, because that's where it comes to a period here, adding a comma and saying except when such interconnections cause a reduction in the function of the on-site preserve or preserves, in paren. And the examples to that, which wouldn't necessarily go in the GMP, but so you understand what that would allow us to do, that example would allow us to identify that when the previous requirement to connect to off-site preserves is connecting to a poor quality off-site preserve, then we don't want to have the applicant do that. Because there's no benefit to enlarging a poor quality preserve as opposed to increasing the higher quality preserve on-site by area. Second example would be if there are two areas of high quality habitat that are separated by a poor quality habitat. Just to connect them just to make them one does not make -- doesn't make environmental quality sense unless, and maybe the exception there is unless those areas are known to be utilized as wildlife corridors. Page 132 March 30, 2006 CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: Barbara, in your wording you used the word functionality, and in your description you used quality. When you read it I wasn't sure what functionality meant. Would anybody have any problem with that? MS. BURGESON: The reason I put function in there is because it's in the GMP in several other sections in 6.1. And the only reason I used quality in the description is because as I was writing it out quickly, that's how I did that. COMMISSIONER SCHIFFER: Okay. Thank you. MS. BURGESON: But in the description or the example, that they were requiring connection to poorly functioning preserves off-site would not be appropriate. COMMISSIONER SCHIFFER: I like it. CHAIRMAN STRAIN: Well, Barbara, if you have two preserve areas on a site and they are not interconnected and this says they shall be interconnected, and if they're not interconnected, does that mean they're no longer preserve areas? MS. BURGESON: No, that just means that staff has made a determination utilizing all of the GMPs that the best preserves that can be created or defined by the GMPs would allow for those two preserves, which is what we do. CHAIRMAN STRAIN: Well, see, the word shall is mandatory. MS. BURGESON: Correct. CHAIRMAN STRAIN: So if they have them on-site, they can't have a reason not to connect them, so they've got to be connected. MS. BURGESON: Well, there are circumstances where we do not require them. And for instance, if you have a large parcel where you've got, you know, five or 600 acres and two eagle -- active eagle nests on-site and they're at opposite ends of that project, we don't require them to go greater than the percentage of native vegetation. And so their priorities would be to identify the listed species habitat Page 133 March 30,2006 first. So that takes priority in our review over connecting. So if you've got two listed species habitats, two primary, secondary zones for eagle nests and they're a good distance apart, we would not and we have not required connectivity between the two of those. CHAIRMAN STRAIN: Margie, everything I'm hearing is ambiguous. It's a little concerning when the word shall is here. MS. STUDENT-STIRLING: Yes, I'm concerned, too, because in hearing what I just heard, it would seem that this should be reworded to state the circumstances when you don't have to do it. MS. BURGESON: Right. This language would take care of that. This exception language here. CHAIRMAN STRAIN: Okay. This doesn't seem to fit the example you just said. Say you have a very large site and you've got two eagles nests on opposite sides of the site separated by 1,000 acres. How does the interconnection cause a reduction in the function of that on-site preserve? MS. BURGESON: Because it provides greater function to the listed species to increase the area of protection around that nest than to have a narrow, skinny corridor connecting two Bald Eagle management plan areas. So we would, if there were no other listed species issues or no other -- I guess the priority would be the listed species. And then using technical assistance from the agencies, if they would suggest that we go out instead of 1,500 feet, say 2,000 feet from each of those nests, as opposed to utilizing that as a strip or corridor between the two. CHAIRMAN STRAIN: So even if these interconnections do not contain any native vegetation, are not truly preserve areas, you classify them as preserve areas for the sake of them being interconnected in other cases where you would have to count that as preserve acreage? Page 134 March 30,2006 MS. BURGESON: No, the only time that we would count an area as preserve area that was either very sparsely vegetated or only had ground cover would be if we had technical assistance from the agencies identifying that those areas were wildlife corridors, and we would utilize the technical assistance, as we're obligated to do. CHAIRMAN STRAIN: I wish some of this stuffwas discussed and this had been worked out before today's meeting. Because just to get this point across is going to be time-consuming. What I'm getting at, I think you said that if you were to connect two eagles nests separated by 1,000 acres, to connect them you would have to put a strip to make that interconnection, and that strip would deteriorate on the quantity of area around the eagles' nests that you would have preserved otherwise, because you would have counted the strip connection as part of the preserve area. Is that a fair statement? MS. BURGESON: Right. It would reduce the area that we could have increased protection around the nests with. CHAIRMAN STRAIN: Then where I was going is, then obviously -- then really that strip that's between these two nests, whether it's vegetated or not, becomes a preserve. MS. BURGESON: Correct. Ifwe had technical assistance that that was a wildlife corridor. But only if it were utilized as a wildlife corridor. Otherwise it has to be native vegetation and it has to be in the priority listing. CHAIRMAN STRAIN: Okay, I'm just -- go ahead, Mr. Murray. COMMISSIONER MURRAY: I'm visualizing in this illustration. Maybe it will never happen. But you've got this thousand acres and you've got two extremes on either ends of the properties. MS. BURGESON: Right. COMMISSIONER MURRAY: Adjacent properties are now developed. So anything we do about the flight of the eagles and their pathways is associated with a radius within that property. And you're saying that -- and they have their choice of flying in any direction they Page 135 March 30, 2006 want. You're saying that you're going to create an arbitrary line or -- no? MS. BURGESON: No, no, we're saying we don't want to do that. And we don't do that, which is why we want to put this exception language in there. COMMISSIONER MURRAY: Okay. But somewhere along the line I have to acknowledge I got a little confused, and I'm still confused. So for your example again, would you be kind to me and explain your example again? MS. BURGESON: Right now if we had a project come in with two eagle nests on that site, we would not connect those in any way with anything that we would call preserve unless we had technical assistance from the agencies identifying that as a wildlife corridor that was valuable enough to interconnect those two areas. COMMISSIONER MURRAY: Oh, that's what -- now I know why I got confused. I don't know how they or anybody else would have identified flying animals as having a corridor. I think that's where my issue is. MS. BURGESON: Actually, they do on eagles. They do identify the flight pattern from the nest. And it is almost always a consistent pattern in a certain specific direction away from the nest. Which we utilized that in the Sable Bay PUD to include that flight pattern area off of the nest to protect that, because they were always utilizing it. COMMISSIONER MURRAY: Now I get the clearer picture and I appreciate it. Thank you for -- MS. BURGESON: Sorry I was confusing you. I'm sorry. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Barbara, quickly, isn't your problem with the way it's written now, somebody would be required to connect those two preserves without the exception you're proposing? COMMISSIONER MURRAY: That's what it sounds like. Page 136 March 30,2006 MS. BURGESON: Ifwe went by that definitive language, it would be -- COMMISSIONER SCHIFFER: Required. MS. BURGESON: -- potentially in conflict with other obligatory pieces in other sections of the GMP, which we utilize to not require that. So we need to correct that so that we're not continuing to be that way. COMMISSIONER SCHIFFER: And your exception does that. MS. BURGESON: Yes. CHAIRMAN STRAIN: Barbara, if you were to take -- and that's number eight, and you were to read preservation areas shall be interconnected within the site. Instead of using the word and, substitute the word or, or to adjoining off-site preservation areas. Would that be an acceptable -- MS. BURGESON: Um-hum. CHAIRMAN STRAIN: Because that way someone does not necessarily have to come across that thousand acres of land because they might have an adjoining site that would be more contiguous and simpler for them. Mr. Y ovanovich, you're standing there for a reason, I bet. MR. YOV ANOVICH: Yeah. I think so. Actually, I didn't memorize her language, but I think this is clearly inconsistent with what she has just described. She's saying that she goes through her hierarchy in number four as to what they pick as preserve areas. And then she's saying well, we may not make you interconnect if it's going to decrease the functionality of the areas that we just picked. And I doubt that requiring that we preserve something between two eagles' nests -- and I'm not sure that's a good example -- would in any way degrade the functionality of the two eagle nest areas, because it probably doesn't -- it doesn't degrade that at all. What I'm suggesting is, is that a very broad statement in number two that says they've got to identify the largest area possible, most Page 137 March 30, 2006 contiguous area. That can be on-site, maybe not contiguous to -- they pick the area that's closest to an off-site preserve because that will result in the highest, most contiguous area, or it could be on-site. But I don't care how you stretch it or try to argue around it, number eight requires that there be interconnectivity. And it sounds like you don't even need eight, because you're really picking, based on four, the areas that apply. And I'm not sure you need eight at all, because paragraph four really identifies how we're going to pick preserve areas, and they need to be in the most contiguous area. So I do think that you have to stretch to try to find exceptions. I don't think that gets you there because -- you know, we probably shouldn't argue over function, the fact that you interconnected is somehow decreasing the function. MS. BURGESON: I can explain that. CHAIRMAN STRAIN: Well, I think what -- I was concerned about the same issue, but I think the idea of function is the area around the eagles' nests would decrease to make up for the additional area used for the interconnection and that's all part of your preserve calculation. So you would have to put less around the eagles' nests. MR. YOV ANOVICH: Well, I don't know that staff -- Andy can probably be answer it -- limits themselves to just the percentage that the compo plan says. I think that if there's an opportunity to say it's going to be this area, plus the fact that it has to be contiguous and it results in more than the 25, 35 percent requirement, you get the benefit of providing additional. MS. BURGESON: Absolutely the only time that staff requires any preservation higher than -- requires, not as offered as a result of any interagency meetings or any other agency permits, the only time that staff requires any additional preservation over what's obligated by the GMP and the LDC is when we get technical assistance that requires us to do that. We do not require additional preservation over Page 138 March 30, 2006 the percentage. And it doesn't degrade from the eagle preserves, it degrades from the preserves that are identified on-site. So if you have a greater preserve on site by increasing preserve area around the eagles nest, which has a higher habitat value than a strip of land connecting the two, then you have a greater function, a higher value preserve. Not that it's specifically reducing the value of those two eagle preserves, but it reduces the value or the function of the preserves that are required for the site. CHAIRMAN STRAIN: Barbara, I have one last question on this one and that is, what does number eight give you that number two does not? MS. BURGESON: Number eight gives you two things: Number eight gives you the requirement for interconnecting with off-site preserves when appropriate, and it gives you the requirement to provide for interconnections when there are wildlife corridors. Those two items are not included in the previous paragraph. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And one thing you just said, when appropriate, which isn't said in eight. So would it be a problem if you changed eight to say preservation areas, when possible, will be connected? But you don't make it as mandatory as it is -- MS. BURGESON: Well, the reason that we want it mandatory is that -- and the reason that we wrote the language this way to allow for the exceptions is the exceptions still keeps the project consistent with the rest of the GMP policies. If you say where appropriate or if possible or when the applicant chooses to do so, then we're not going to get them to follow and abide by the rest of the remaining GMPs. This language does allow us to do that. COMMISSIONER SCHIFFER: But when you answered to Mark, you actually said where appropriate in your answer. So, you Page 139 March 30, 2006 know, maybe it only applies where it's appropriate. MS. BURGESON: From this point forward, we're recognizing that we need to put that exception language in there. Where we would utilize number eight would be where it's appropriate, where the -- for instance, you have some off-site preserves from the 1990's that's a stip of native vegetation that's also a landscape buffer, but it's defined by that project as a preserve. That's not some time that we want to have anybody connect to an off-site preserve. Or if we have an off-site wetland preserve that has extremely low function and doesn't provide any benefit to connect to, then we would not want to do that. COMMISSIONER SCHIFFER: But the way eight is written, you're making it mandatory that they connect to that -- MS. BURGESON: Which is why we're proposing the exception language. It would not be mandatory. MR. YOV ANOVICH: I would like to point out that paragraph 4- A addresses that. Is says wetland or upland areas known to be utilized by listed species would then serve as corridors. That's the first priority. It's already -- what I'm saying is it's already addressed in paragraph four. You don't need to now require interconnectivity. CHAIRMAN STRAIN: Ms. Student, you had a comment? MS. STUDENT-STIRLING: Yeah, I was wondering if to take care of paragraph eight that it be included in the deviation section, which is paragraph 12. It only references paragraphs one, two, three, six and seven. But if that might take care of it. MS. BURGESON: It only references the ones that could be excluded. So it does provide for a deviation to eight, which is specifically why we put that in the back of the deviation -- MS. STUDENT-STIRLING: I'm sorry, I misread that. MS. BURGESON: That's okay. CHAIRMAN STRAIN: Is there a way, since you're rewriting Page 140 March 30, 2006 number one, you could take number eight and include it in number two, so that all these similar requirements seem to flow together in the same paragraph, and if everybody's reading this they can understand what the full encompassing requirements are and then we can see how this fits together? Because right now I don't believe it fits together very well, based on what I've heard. Is that something you could do? MS. BURGESON: Yes. CHAIRMAN STRAIN: Why don't you corne back with that one as well and work on it a little bit. Try to get together with the people who are involved, the stakeholders involved in this as well and see if we can mitigate some of these issues so everybody understands what we're -- a level playing field. Thank you. MR. LORENZ: There was -- you had a third issue. CHAIRMAN STRAIN: I'm going to get there. That's where I was going next. And it was the benefits word used on the top of Page 17. Now, looking back on my notes from our prior meeting, we had in there does not result in any adverse impact. And then that language, if I'm not mistaken, replaced language that said that provides a benefit to in the original document. And then we went back to the word benefits. And from my notes of our last meeting, I'm just trying to understand the difference between what was originally there, which was that provides a benefit to and the word benefits. I'm not sure there's a big difference. Mr. Tuff? COMMISSIONER TUFF: I recollect that very well. The EAC had presented that does not result in adverse impact. And then the Conservancy made a statement that says, well, let's change to benefits. And we asked him, is that -- he wasn't necessarily wanting -- he was comfortable with it saying does not cause adverse impacts, but then Page 141 March 30, 2006 we made the change anyway. MR. LORENZ: Yes, the benefits language is as a result of the direction from the CCPC. CHAIRMAN STRAIN: But if I'm not mistaken, didn't this element prior to this EAR rewrite have language in it that says that provides a benefit to, to begin with? MR. LORENZ: No, it was completely silent to stormwater and preserves. CHAIRMAN STRAIN: Any comments from the board? COMMISSIONER SCHIFFER: Just a quick thing. I mean, there's three conditions. One is that it would adversely affect it. We don't want that. One is that it wouldn't affect it at all, it would be neutral. And the third is that it would benefit it. So I'd hate to wipe out the fact that it could be neutral, it doesn't have to benefit it. I think that the comment is from the development industry, it's going to be easier to prove that it's hurting the environment than it is to prove that it's neutral or benefiting it. I mean, how do you prove a benefit, you know, more birds, the squirrels are happy? MR. LORENZ: I agree with that last comment, it's difficult for me to envision how we're going to actually show and demonstrate a benefit. Where I was heading, looking at, and we're already crafting some language and we've been shopping around with some firms for stormwater and preserves, is to create some presumptive criteria that we would all agree either provides a benefit or does not adversely affect and then we apply those criteria. F or instance, with the adverse effect language, we know that we would definitely adversely affect true upland systems, such as xeric scrub, if we were putting water into a preserve that had a significant amount of that kind of habitat. On the other hand, if we have an old remnant of a wetland system and because of lowering groundwater tables it no longer functions as a Page 142 March 30, 2006 wetland, indeed it's not even a jurisdictional wetland as determined by the agencies, putting -- rehydrating that area, you may argue that that provides a benefit because it's maybe going back towards a wetland system. Well, we could identify that through that presumptive criteria that we'd establish, such as we would allow for stormwater to go in preserves that have certain vegetative signatures. Maybe you have hydric soils that were wetland soils in the past. And we could say that putting the stormwater in those areas certainly will not have an adverse impact. And in some cases we might be able to say presumptively that will be a benefit. But for me it's easier to deal with the term no adverse impacts than it is benefits. COMMISSIONER SCHIFFER: I'd like to kind of suggest that we go back to that. CHAIRMAN STRAIN: Anybody have a problem with going back to that other language? COMMISSIONER ADELSTEIN: That sounds good. CHAIRMAN STRAIN: Okay, we recommend going back to it then. Okay, that gets us past Page 17. Back on Page 15, we're going to have a couple rewrites of two paragraphs, number one and two. Page 18? (N 0 response) COMMISSIONER SCHIFFER: Mr. Chairman, real quick, I'm sorry. I missed 14. CHAIRMAN STRAIN: You missed Page 14? COMMISSIONER SCHIFFER: Must have been asleep. And it's the word mineral extraction. I mean, we've gone from a moving land to earth mining, now we're to mineral extraction. I mean, is mineral such a broad term that that defines everything that people Page 143 March 30, 2006 will be digging out of the ground or -- COMMISSIONER MURRAY: I think we did that last time. We talked about it. Soil is now construed as mineral. I thought we settled that. COMMISSIONER SCHIFFER: Well, I could have been asleep during that time, too. CHAIRMAN STRAIN: Well, I'm not sure we lose anything by mineral extraction. Is that going to -- David, is that going to cut anybody out of being able to earth mine? COMMISSIONER SCHIFFER: Does that cover muck and organic material and stuff? MR. WEEKS: The mineral extraction is the broader term, as Bill was just mentioning, and I thought it was mentioned at the last hearing. If you go back to Rule 9.1.5, Florida Administrative Code and that term is used, mineral extraction, that does include soil. So it's a broader term. COMMISSIONER SCHIFFER: And any organic material that's going out of the ground. Soil has organics in it, not just minerals. So the intent will never be interpreted that I can't de-muck a site because I'm not mineral extracting? MR. WEEKS: I wouldn't think so. CHAIRMAN STRAIN: No, I don't see that as applicable. You don't need an excavation permit to de-muck. COMMISSIONER SCHIFFER: Well, whatever. I'm just -- if there was muck and I was excavating. Anyway, as long as that's not a problem. CHAIRMAN STRAIN: Page 18? Concern on Page 18 follows along with the reasoning Ms. Student had apprised us of earlier, and that is maybe somewhere under number 10 we provide some language that says the prior -- the exception language will stay in place in the LDRs until such time that the deviation language exists. Page 144 March 30, 2006 I don't know if number 10 is the right place to put that. I thought Margie indicated one of the points on number 10 might be the right place. MR. LORENZ: I think 12. MS. STUDENT-STIRLING: Yeah. CHAIRMAN STRAIN: Twelve? Okay. I think that's important to add something so that we have the preservation of a process until the new process is adopted. David, can you just see that that happens? MR. WEEKS: Yes, sir. With Bill, we'll get it. CHAIRMAN STRAIN: Or Bill, whoever writes this part of it. Page 19? The audience has a comment. Mr. Arnold? MR. ARNOLD: Thank you. And it is truly a comment. CHAIRMAN STRAIN: This is going to be one of those interactive elements, I can tell. MR. ARNOLD: Again, Wayne Arnold. And it's really on Page 18 under paragraph 10, the rewording. The phrase just didn't read correctly to me, and I don't think I have a beef with what the intent is at all, because I think we all agreed that the additional language is what we wanted. But there's a phrase at the end of the first sentence that says to an acceptable land acquisition program. And I remember us discussing that, but it seems like it might be inappropriately placed in the sentence. If you read the entire sentence, at least in my version, it just doesn't read appropriately. And I just thought that maybe it should be repositioned elsewhere to make it more clear that it could be a land donation, it could be a donation to another land acquisition program or -- I just think it needs to be reworded a little bit. Thank you. CHAIRMAN STRAIN: Who wrote that, David or Bill? MR. LORENZ: I think I wrote it. David had some comments on Page 145 March 30, 2006 it. CHAIRMAN STRAIN: Bill, do you agree with Wayne that that might be located somewhere else? MR. LORENZ: Yeah, we can always change for clarity. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Might I make the suggestion that where the red begins, it says land donation to an acceptable land acquisition program or other appropriate method of compensation, as determined in the land development regulations. COMMISSIONER MURRAY: That will do it. CHAIRMAN STRAIN: Okay, then let's do that. As long as no one has an objection? Good. Let's move on. We're on Page 20 now. (No response) CHAIRMAN STRAIN: Page 21? (N 0 response) CHAIRMAN STRAIN: Page 22? MR. LORENZ: May I make a note? CHAIRMAN STRAIN: Somebody's got-- MR. LORENZ: I was going to say, make a note on -- you're going to be doing the FLUE later, and in the FLUE there's the question of the Section 24 sending lands -- CHAIRMAN STRAIN: Yes. MR. LORENZ: -- that you will need to cover in the FLUE. But it's also referenced here on page -- well, on Page 19 where we've made the assumption under Policy 6.1.2.B that we've taken out the reference to Section 24. So whatever your deliberation will be on the FLUE is we need to make sure that we corne back here and be consistent with it. That was my only point on Page 19. And then on Page 21, I had the same comment as before on paren. six, which was the citation I needed to put that parentheses to. Page 146 March 30, 2006 The policy that's listed as 7.1.2.1, it should be policy 7.1.2(2)(1). CHAIRMAN STRAIN: Got you. Mr. Y ovanovich, you had a comment? MR. YOV ANOVICH: It's actually in that policy, real quickly. There's the same provisions in this Policy 6.1.2 that are in Policy 6.1.1 regarding the benefit versus does not adversely affect. You'll see that in paragraph 5(B). You'll also see the issue regarding whether or not the paragraph two, the largest identifiable area. And instead of paragraph eight, it actually interacts with paragraph 11 in this policy, so we'll need to likewise address that. CHAIRMAN STRAIN: Richard, stop for a minute, you're moving too fast. MR. YOV ANOVICH: I'm sorry. CHAIRMAN STRAIN: Page 21, 5(B), has the words benefit in it. And in the previous one we reverted back to other language. Does any board member have a problem with doing the same thing in this paragraph? Okay. Then David or Brian or Bill or somebody understands it. We've got a consensus on that. Now what's your second point? MR. YOV ANOVICH: The second point is paragraph 11 -- CHAIRMAN STRAIN: What page? MR. YOV ANOVICH: -- and apparently my page numbers may be a little different. I got this from Bill. It's my Page 22. CHAIRMAN STRAIN: Okay. It's our Page 22 as well, and it's the same language. MR. YOV ANOVICH: Right, we have to combine it with paragraph, I believe, two on Page 20 like we're doing in the previous policy we discussed. So that's -- CHAIRMAN STRAIN: Thank you. Now we're on Page 22. Page 147 March 30,2006 (N 0 response) CHAIRMAN STRAIN: Page 23? (N 0 response) CHAIRMAN STRAIN: Page 24? (N 0 response) CHAIRMAN STRAIN: Page 25? (N 0 response) CHAIRMAN STRAIN: Page 26? (No response) CHAIRMAN STRAIN: Page 27? (No response) CHAIRMAN STRAIN: Page 28? (N 0 response) CHAIRMAN STRAIN: Page 29? (N 0 response) CHAIRMAN STRAIN: Page 30? (N 0 response) CHAIRMAN STRAIN: Page 31 ? (N 0 response) CHAIRMAN STRAIN: Page 32? MR. KRASOWSKI: Page 32, sir. CHAIRMAN STRAIN: I have one question before you say anything, Bob, and that's on the top of page 32, Policy 7.1.6, their last sentence, the county shall evaluate the need for the protection of listed plants. I would suggest you drop the word and. Within one year, and I would suggest period. Because the rest of the language, is that needed? MR. WEEKS: Mr. Chairman, we do need to specify one year from what period, and that will be the effective date of -- COMMISSIONER MURRAY: Yeah, I would agree with Mr. Weeks. CHAIRMAN STRAIN: Okay. Just checking. Page 148 March 30, 2006 Mr. Krasowski, did you have a comment about one of these pages? MR. KRASOWSKI: Yes, on Page 32, 33, it spans the air quality issue. I notice in the introduction to this section it mentions that there's a responsibility on the part of the local community put on us by the state to look at various things, and air quality was one of them. So looking in the section that deals with air quality I noticed that, well, it's section eight, and one is blank, and it refers to past text. I couldn't find the actual text. But in 8.1.3 it identifies that the county will make an effort to look at air pollution and the sheriff will make sure that they maintain enforcement of standards in that regard. But that's pretty much it. And I know that we have -- there's industry -- certain industry's been invited into the community. So we want to, I believe, have some ability to identify our ambient air quality and prevent that from deteriorating due to any specific industry here. And there have been troubles in North Naples where-- CHAIRMAN STRAIN: Bob, before you go too far, we can't reinvent the wheel on this today. We've got to deal with the language that's in front of us today and mostly the changed language. Really, if we go back, we're going to be starting into time periods we won't have enough time to do. MR. KRASOWSKI: Well, how about just adding the provision under 8.1.4 for industry? Could you read that? I don't have a copy of the document. CHAIRMAN STRAIN: 8.1.4 says Collier County shall continue to develop and maintain a comprehensive county-wide air quality monitoring program. It's comprehensive. MR. KRASOWSKI: Comprehensive, okay. CHAIRMAN STRAIN: Margie, did you have a comment? MS. STUDENT-STIRLING: Yeah. I don't pretend to be an expert on the Clean Air Act, which is a federal law . But it would Page 149 March 30, 2006 seem that perhaps some of this area may have been preempted by federal regulations for air quality. CHAIRMAN STRAIN: Okay. And I don't mind having stronger ideas, but if we have some -- Bob, if you could get them to us ahead of time so they can be digested before we get to the 11 th hour on these parts of the document, it would have been more helpful. Thank you. MS. STUDENT-STIRLING: That, I might add, would need quite a bit of digesting because that's very complicated. And to figure out if something is preempted or not is also very complicated. CHAIRMAN STRAIN: That's where I was going. I just didn't want to discourage you. We should always be looking for-- MR. KRASOWSKI: Well, I see these other people get up from the development industry and make -- you know, it's a large document, I have a few comments to make. I'm here, I might as well make them. CHAIRMAN STRAIN: I have no problem with that. I think what they're doing is correcting the language that's already here. And that's what we have to focus on. MR. KRASOWSKI: I should be more specific, then, so I just -- okay. CHAIRMAN STRAIN: Thank you. MR. KRASOWSKI: Thank you. CHAIRMAN STRAIN: Page 33? (N 0 response) CHAIRMAN STRAIN: Page 34? Mr. Weeks. MR. WEEKS: Mr. Chairman, clarification back on Page 32. I just want to make sure I was clear then. I think the commission was recommending that -- in that new language on Policy 7.1.6, top of the page, on that replacement sentence that we place a period after -- CHAIRMAN STRAIN: No, we weren't changing it, we left it as it is. Page 150 March 30, 2006 COMMISSIONER MURRAY: Just deleted and, I think. CHAIRMAN STRAIN: No, no, it doesn't need to be deleted if you don't put the period in. So just leave it like it was. MR. WEEKS: Thank you. MR. LORENZ: Mr. Chair? CHAIRMAN STRAIN: Yes. MR. LORENZ: On Page 28, there was a -- if we can go back to that, please. And it's in Policy 6.2.4, parentheses four. The public had indicated to me, and I'm trying to -- just a second -- had indicated to me that the language that we were dealing with in parentheses four, and I believe we had some discussion about this at our last meeting about the area that was identified on the future land use map and the Immokalee master plan. When I went back to my staff, and I've got my staff here if we need to get involved in any details, we really had not identified that area appropriately. And within the plan, this language would not work well. So I worked with the -- with Andy Woodruff here and he made -- if you need to have some background -- which suggests that this language that you see in front of you would be most appropriate than what we have currently now. Because that area has not been properly identified. And maybe with that, if Andy wants to discuss it any further. CHAIRMAN STRAIN: Let's wait to see if we have any questions. I mean, the language is pretty straightforward. I don't myself have a question on it. Does anybody here? (N 0 response) CHAIRMAN STRAIN: No, we don't have -- no indication of any problem with the language for that, so that's the language we'll continue with. MR. LORENZ: Thank you. MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. But you've got a problem with Page 151 March 30, 2006 it. MR. WEEKS: We do need to tweak that language a bit. It makes reference to the property being designated as environmentally sensitive on the Immokalee future land use map. And we now have modified the future land use map to specifically identify this area. It's just a minor tweaking. But as opposed to simply saying environmentally sensitive, we now specifically have this area as part of these amendments, that particular strand is identified and has a particular notation on the legend of the Immokalee future land use map. We just need to tweak this to correlate with the map. CHAIRMAN STRAIN: That's all you have to do. MR. WEEKS: Yes, sir. CHAIRMAN STRAIN: That's fine. Thank you. Back to Page 35. (N 0 response) CHAIRMAN STRAIN: Thirty-six? COMMISSIONER CARON: Yes. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: On Policy 10.1.7, why is the description of what an ST overlay district is, why is that all crossed out? Is that because it appears in the LDC, or -- what is the purpose of taking that language out? MR. LORENZ: Unfortunately this is a policy that David worked on. David, on Page 36 -- COMMISSIONER CARON : You guys. MR. WEEKS: What did I do now? See if I help you again, Bill. Thirty -six, okay. COMMISSIONER CARON: Why did you strike the purpose of the district? CHAIRMAN STRAIN: The ST language has been struck under 10.1.7 and Ms. Caron is wondering why. Page 152 March 30, 2006 MR. WEEKS: Basically it just seems superfluous. I mean, the ST regulations exist, they apply, and if you go to the Land Development Code, it will explain it to you. COMMISSIONER CARON: So it's in the LDC -- MR. WEEKS: Yes, ma'am. COMMISSIONER CARON: -- to answer my question. MR. WEEKS: Sure is. CHAIRMAN STRAIN: Page 37? (N 0 response) CHAIRMAN STRAIN: Page 38? (N 0 response) MR. WEEKS: Page 39? (N 0 response) CHAIRMAN STRAIN: Page 40? (N 0 response) CHAIRMAN STRAIN: Page 41 ? (N 0 response) CHAIRMAN STRAIN: Page 42? (No response) CHAIRMAN STRAIN: Page 43? (N 0 response) CHAIRMAN STRAIN: Page 44. (N 0 response) CHAIRMAN STRAIN: Page 45? (No response) CHAIRMAN STRAIN: Page 46? (No response) CHAIRMAN STRAIN: Page 47? (No response) COMMISSIONER SCHIFFER: Ding. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And I guess it's the rewording Page 153 March 30, 2006 of 12. I mean, what is the intent there, just to think of all the things we can do to make buildings safer or just note that we're going to make buildings safer? CHAIRMAN STRAIN: What number are you on? COMMISSIONER SCHIFFER: I'm sorry, 12.2. This is a new-- this is our first time. CHAIRMAN STRAIN: It's a new objective. Who wrote that? MR. WEEKS: I could say it was, I believe, a joint effort between our department and Dan Summers' staff in emergency management. MR. ZYVOLOSKI: Rick Zyvoloski, emergency management. Yes, he's right, it was a joint effort to try to make it consistent with the ordinance that dealt with post-disaster recovery operations and the recovery -- disaster recovery task force. We changed working on -- in fact, the ordinance proposal has been in draft now for a little bit over a year. We reported to the board last March that we were recommending a change in the ordinance, staff was, due to the fact that recovery task force would be more productive to meet after a disaster event to be called up so it could be more tailored to the needs of the impacted community. And based on our experiences from Wilma, we went back to the drawing board to see if we could make things smoother. COMMISSIONER MURRAY: Mr. Chairman, according to my notes we had it in there to rewrite. We asked staff to rewrite it. CHAIRMAN STRAIN: Mr. Schiffer's got the question about it, so -- COMMISSIONER SCHIFFER: No, I was just curious. I mean, we're listing a bunch of things, Rick, but essentially these are prudent things we would do anyway, aren't they? MR. ZYVOLOSKI: Yes, sir. I think my main ownership to the disaster recovery ordinance was that it be made ad hoc, and it really falls in Community Development's range, because they are the recovery portion of Emergency Management. And I guess they Page 154 March 30, 2006 needed the language to work for them. CHAIRMAN STRAIN: Brad, is there as reason that you don't like it? COMMISSIONER SCHIFFER: Well, I mean, the other one is fine, but this is fine. It's a small point. I have more questions in this area but-- , CHAIRMAN STRAIN: Do you have more -- Ms. Student? MS. STUDENT-STIRLING: Could I have a clarification? Are we discussing objective 12.2? COMMISSIONER SCHIFFER: That's what it was, yes. MS. STUDENT-STIRLING: Okay. Because there is a requirement, I'll have to hunt for it, in 9.J.5, that says we need to address limiting activities in the coastal high hazard area where there might be danger and so forth. I can -- I'm sorry, I'm not stating that exactly in the best manner, but there is, I believe, a provision in 9.J.5 that requires that we address this. COMMISSIONER SCHIFFER: And my question really was is what was there before, this is kind of different. And maybe what was there before is what you need for the 9.J.5. Anyway, I mean, I can move on. CHAIRMAN STRAIN: Anybody else? COMMISSIONER CARON: 12.2.2. And why was this changed, David? MR. WEEKS: We were trying to put the impact of this policy on public facility requirements as identified in the AUIR. That's what we wanted the focus of the policy to be. It already -- it presently refers to the public facilities, but it also goes on to speak to how density is limited in the coastal high hazard area. As you can recall, that's been problematic in the past. Weare making parallel changes to the future land use element to identify what the density allowed in the coastal high hazard area is. And I still believe that that is the appropriate element to have that Page 155 March 30, 2006 limitation, not the CCME. CHAIRMAN STRAIN: Okay. Page -- before we go to 48, for the benefit of the court reporter, we'll be breaking about 2:30. And if the young lady at the commission desk in there is listening to me, she'll know we'll be in for coffee about that time, so dual purpose. Page 48? COMMISSIONER SCHIFFER: I have a question. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Policy 2.2.5, we're adding now that we're going to do a local study -- MR. ZYVOLOSKI: Yes, sir. COMMISSIONER SCHIFFER: -- to see where the coastal high hazard is. And Rick, are you expecting that to reduce the extent of the coastal high hazard or increase it? MR. ZYVOLOSKI: We don't know. We're trying to use some of our current technology. I think that it's mainly the evacuation study, and Florida Division -- COMMISSIONER SCHIFFER: But is it going to be defined by where you think a Category 1 storm surge would put water? I think that's what it's saying. Just a clarification. I'm fine with it. MR. ZYVOLOSKI: I know that we're -- it's -- we didn't have the advantage of LIDAR before. And our hurricane evacuation analysts are going to be using some of the more modern items. The -- and we are having the study. But I really can't -- I'll have to get back on that, if you need something a little bit more specific. COMMISSIONER SCHIFFER: That's good. I was just curious, because it's new wording, first time we've seen it. I was wondering what it was up to. MR. ZYVOLOSKI: Well, the previous study was under contract by the Regional Planning Council to do the evacuation study, and they don't always necessarily get a contract. And they in fact bid on the Page 156 March 30, 2006 restudy. So the contractors will corne back and tell us. So we've cleaned up the language, I guess, perhaps to untie it from southwest regional planning council's evacuation study, because they might not always have the official study. COMMISSIONER SCHIFFER: I'm glad to see that. I'd rather see your study than -- that would be good. MR. ZYVOLOSKI: That was our goal, we wanted the study to focus more on what Collier needs, as opposed to the regional study. They did just that, the region, and we wanted to give them areas of emphasis. COMMISSIONER SCHIFFER: Done. CHAIRMAN STRAIN: Page 49? COMMISSIONER SCHIFFER: I have a question. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Margie, is the -- isn't the disaster recovery task force in the Land Development Code? MS. STUDENT-STIRLING: It's in the code of laws, and it's being amended now to incorporate it within some revisions to the post-disaster recovery ordinance. And one of the reasons that we didn't want to put all their duties in here was -- and refer it to the areas, because if we needed to add a duty or something or take something out, and have to amend the compo plan to do that, that doesn't make a lot of sense. COMMISSIONER SCHIFFER: Where do we -- and Rick, you can answer it. Where do end up in the compo plan dealing with mitigation situations? I know you have a committee that does that, but I don't see it in here anywhere. MR. ZYVOLOSKI: It's referenced -- COMMISSIONER SCHIFFER: Okay, I see it, never mind, 12.1.13. CHAIRMAN STRAIN: Okay, page 50? (N 0 response) Page 157 March 30,2006 CHAIRMAN STRAIN: Then after page 50, there's a table that doesn't seem to be in the place it's supposed to be in. It's called Immokalee development, 186-138324 FY '05, '06. COMMISSIONER SCHIFFER: Due to the global warming, they're fearing that Immokalee might be a coastal management area. COMMISSIONER CARON: I think it belongs in Immokalee Master Plan, or not there at all, actually. CHAIRMAN STRAIN: If it's not part of the record, we probably need to make sure it's eliminated. MR. COHEN: You want me to take a look at it? MR. WEEKS: Looks like either AUIR or something in the copIer. MR. COHEN: We can add it, though. CHAIRMAN STRAIN: No, there would be too many questions. The table does not apply. Okay, basically we have finished with the CCME with the exception of two paragraphs, and that is parens one and two on Page 15. And that staff will corne back to us with, as soon as they get a chance, and let us know the status on that. We've also got to go back to the housing element and finish up one paragraph on that. Before we go too much further, I want to talk about the extension of this meeting today. I'd like to finish today. I think we can if we keep plowing through it. The FLUE is going to take a little while, but after that hopefully it will move faster. What's the feeling of this board as to the latest they'd like to -- COMMISSIONER MURRAY: How long is the coffee going to stay hot? CHAIRMAN STRAIN: Well, the coffee shuts down at 5:00. COMMISSIONER MURRAY: You better tell them to make more coffee then. CHAIRMAN STRAIN: Russell? Page 158 March 30, 2006 COMMISSIONER TUFF: Keep going. CHAIRMAN STRAIN: Bob? COMMISSIONER MURRAY: Absolutely. CHAIRMAN STRAIN: Lindy, you've got to leave at-- COMMISSIONER ADELSTEIN: Whenever I have to. CHAIRMAN STRAIN: Donna, you have any time constraints? COMMISSIONER CARON: I'll be here. CHAIRMAN STRAIN: Brad? COMMISSIONER SCHIFFER: I'd actually like to leave a little after 4:00, but let's see. You won't need me, I don't think, will you? CHAIRMAN STRAIN: Well, if you do leave, we'll go faster. I mean, it will be -- COMMISSIONER SCHIFFER: If I leave now, we can get done before 4: 00. CHAIRMAN STRAIN: Tor, do you have any problems with time? MR. TOREKY: No, I can stay. CHAIRMAN STRAIN: For the benefit of the court reporter, then it looks like we'll go until we're hopefully done. And that could be between 5:00 and 6:00, based on the rate we're going right now. So if you have a replacement that has to corne in, that kind of gives you a heads up. I'd like to -- MR. COHEN: Mr. Chairman? CHAIRMAN STRAIN: Yes. MR. COHEN: I know you mentioned housing earlier. Mr. Giblin is ready with substitute language, if you want to go back to that. CHAIRMAN STRAIN: Yes, I would like to finish that up. And Mr. Anderson, you have an issue -- MR. ANDERSON: I've got a question, a procedural question. CHAIRMAN STRAIN: Sure. Page 159 March 30, 2006 MR. ANDERSON: When is it that you want us to get with staff on working these out? CHAIRMAN STRAIN: About a quarter of 2:00. I thought you'd be done by -- when we get back from the break, if you'd got it done, I'd like to get through this. And if you can't, then we'll do it at 5 :00 or 5:30. But I'd like to finish it today. And if you can't, we'll do it for you. You may just not like our outcome. MR. ANDERSON: Sure. The same change that was at issue on Page 15 is also at issue on 20. CHAIRMAN STRAIN: Yes, I know. Thank you. Cormac, let's run back and see if we can finish the housing element up before we go on break. MR. GIBLIN: Sure. Again, for the record, Cormac Giblin, Housing and Grants Manager. I believe the only outstanding issue was the last sentence on Objective 1. CHAIRMAN STRAIN: That's correct. MR. GIBLIN: And I've drafted some new language to replace it. And I think for clarity sake, it may be helpful to make this a new paragraph. So paragraph one would end with the words in rule, Collier County. We start a new paragraph then for -- just for clarity. And let me just read what I've corne up with, I guess. Collier County shall pursue interlocal agreements with the City of Naples, the City of Marco Island and Everglades City to require that each city provide their proportionate share of affordable-workforce housing units or the financial equivalent. Each city's proportionate share and financial equivalent will be evaluated and substantiated by the most current data, studies and methods available to the county. CHAIRMAN STRAIN: That sure gets us a lot further than this paragraph. Page 160 March 30, 2006 COMMISSIONER ADELSTEIN: It sure does. CHAIRMAN STRAIN: Yeah, I like that. Does anybody have any issues with it? COMMISSIONER SCHIFFER: The only thought is maybe or cities, just in case they have better data than you. COMMISSIONER CARON: We're the only ones doing it. CHAIRMAN STRAIN: Let's just keep our data at this point. And if they want to work with Cormac, they can. But I think we ought to be running the train, since we're taking the brunt of the -- COMMISSIONER SCHIFFER: I just didn't want us to be bullies, that's all. CHAIRMAN STRAIN: I think it's the other way around in most cases. Cormac, I like your language. COMMISSIONER ADELSTEIN: So do 1. COMMISSIONER MURRAY: Goodjob. COMMISSIONER ADELSTEIN: Who did it for you? I had to, I'm sorry. COMMISSIONER MURRAY: He doesn't say much, but when he does, it's tough. CHAIRMAN STRAIN: With that, is there a motion to recommend approval of the housing element with the changes noted by staff and the changes discussed and presented here today? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, second by Commissioner Murray. Is there discussion? (N 0 response) CHAIRMAN STRAIN: Hearing none, all those in favor of the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. Page 161 March 30, 2006 COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (N 0 response) CHAIRMAN STRAIN: Motion carries 7-0. COMMISSIONER CARON: You'll get us that language? CHAIRMAN STRAIN: Just e-mail us a copy of it. We've still got a few minutes. I'd like to go into the ICE. Now, my first page is labeled Page 2. COMMISSIONER ADELSTEIN: So is mine. COMMISSIONER CARON: And it's the only one. CHAIRMAN STRAIN: We're on ICE, between the FLUE and the CCME. And how many pages are supposed to be part of this element? MR. SCHMIDT: Total? CHAIRMAN STRAIN: Yeah. MR. SCHMIDT: Mr. Chairman, the total number of pages are seven. CHAIRMAN STRAIN: Okay. We only have Page 2. So we won't be able to listen to this element right now. But give us the remaining pages during the break so that we come back -- MR. WEEKS: Mr. Chairman, the reason we only gave you one page is at your last your last hearing this was the only page affected by your -- CHAIRMAN STRAIN: Excellent. Okay, that's even better. COMMISSIONER CARON: Stop killing trees. CHAIRMAN STRAIN: There's a lot changed on Page 2. How many questions do we have? Page 162 March 30,2006 COMMISSIONER SCHIFFER: So moved. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Okay, there's a motion made by Mr. Schiffer to recommend approval of the ICE element, subject to the changes presented. Seconded by Commissioner Adelstein. All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (N 0 response) CHAIRMAN STRAIN: Motion carries. Now we're prepared to go into the FLUE. Before we start, let's take a 10-minute break. We'll be back at 2:35. Fifteen minute break, I'm sorry. (A break was taken) CHAIRMAN STRAIN: Okay, it's 2:35, we can go back on the air -- or back on record. MR. COHEN: Mr. Chairman, we do have speakers on this one as well. CHAIRMAN STRAIN: Okay, let's start in with the FLUE, and let's see how we can move through this. We'll start with Page 1. (N 0 response) CHAIRMAN STRAIN: Page 2? Question on Page 2, and Mr. Scott is not here. Is he planning to be here for this? MR. WEEKS: Not to my knowledge. CHAIRMAN STRAIN: Okay. Well, David, under Policy 2.6, Page 163 March 30,2006 it's TCMAs and TCEAs. In the second sentence it starts, new developments within the TCMAs and the TCEAs that commit to certain identified traffic management strategies may reduce the traffic impact mitigation measures that would otherwise be applied to such developments. I was looking at those strategies, and I know they're in the transportation element, but they may not reduce the mitigation to traffic impacts. And if they don't, why would we want to let them reduce -- let them come on line if they can't -- if they don't make sure they reduce those impacts. And my concern is that maybe the word may should be changed to shall. It's in the second line up -- the third line up from the bottom. We don't want them coming on line if they're not going to reduce the traffic impacts. That's the whole purpose of the TCMAs and EAs. MR. COHEN: I think that would be appropriate. CHAIRMAN STRAIN: Okay. That was my suggestion. You understand where I was talking about, David? MR. WEEKS: Yes. CHAIRMAN STRAIN: Page 3? Ms. Caron? COMMISSIONER CARON: Why is the strike-through here? CHAIRMAN STRAIN: The top one, you mean? COMMISSIONER CARON: Yeah, right at the top of the page, implement the county's transportation and concurrency management system. MR. WEEKS: That doesn't -- wait a minute. I believe we've relocated -- we struck reference there, and instead have it over in Policy 2.6. I believe that was a comment made at the last hearing, that it didn't fit with that objective. CHAIRMAN STRAIN: Okay, Page 4? (N 0 response) CHAIRMAN STRAIN: Page 5? (N 0 response) Page 164 ","_..._"""N~ _,_"'-'''-'"''.- March 30, 2006 CHAIRMAN STRAIN: Page 6? (N 0 response) CHAIRMAN STRAIN: Page 7? (N 0 response) CHAIRMAN STRAIN: Page 8? (No response) CHAIRMAN STRAIN: Page 9? (N 0 response) CHAIRMAN STRAIN: Page 10? (N 0 response) CHAIRMAN STRAIN: Page II? COMMISSIONER CARON: Wait. Excuse me, Page 10. CHAIRMAN STRAIN: Page 10, okay. COMMISSIONER CARON: The -- under E, at the top of the page, why are you striking environmental impacts and compatibility considerations? MR. WEEKS: That was the vote of the Planning Commission at the last meeting. After discussion. COMMISSIONER CARON: Okay. Outvoted once again. CHAIRMAN STRAIN: Page II? COMMISSIONER CARON: Excuse me? CHAIRMAN STRAIN: Do you have Page II? COMMISSIONER CARON: No. CHAIRMAN STRAIN: Mr. Arnold? MR. ARNOLD: Hi. Again for the record, Wayne Arnold. And I wanted to just simply get clarification on item E as well. That was my comment on the future land use element. I remember discussing this last time and I just wasn't quite clear in measuring -- I have one of these properties that we're hopefully trying to come in from industrial to a lesser commercial district and I'm doing a planned development and limiting uses. And I can probably demonstrate better compatibility. I know I don't have any Page 165 _.~--~..- --~- March 30, 2006 different environmental impacts. I'm not exactly quite sure what I have to do to demonstrate a public facility impact and just wanted to maybe get a brief discussion from David. I know he wrote that language, and so I better understand that myself. MR. WEEKS: That's why we do a comparison of the -- excuse me, have the applicant prepare a comparison of the public facility impacts under the existing zoning, what would be allowed versus their proposed zoning. That would be looking at road, water, sewer, drainage, solid waste, the old Category A public facilities which we no longer refer to by those category names. Also would consider additional public facility impacts of the old Category B, such as libraries, parks and recreation facilities, et cetera. Furthermore, in doing the evaluation of the comparisons, we would recognize that ultimately the hearing -- the staff and the hearing bodies could place a different weight on each of those public facilities. F or example, I know I mentioned this last time around, transportation impacts are one of the most important. This is more of a hot button issue than, let's say, solid waste impact perhaps. So that if a proposed zoning was going to show an increase on one public facility but a decrease on another, one might outweigh the other such that the end result is even though some public facilities will be greater impacted, others will be lesser. And the end result might be it's acceptable to make the zoning change. MR. ARNOLD: Thank you. COMMISSIONER CARON: I would still be of the opinion that environmental impacts and compatibility consideration should be included in that mix. CHAIRMAN STRAIN: But David, my notes from our last meeting show that the entire element E, item E was struck. And you just removed the center part. That was our -- the original discussion was remove the center language. Then I have the whole thing crossed off. Page 166 March 30, 2006 What do you have? MR. WEEKS: My notes show that at first the Planning Commission discussed removing all of E and then later backed that off to the phrase that's shown struck through here, the environmental impacts and compatibility considerations only. CHAIRMAN STRAIN: Okay. COMMISSIONER CARON: That's what I have in my notes, that we did that. MR. WEEKS: There was quite a bit of discussion, as you may recall. CHAIRMAN STRAIN: Anybody have any other comments on this piece? Otherwise we'll move on. (N 0 response) CHAIRMAN STRAIN: Page II? (N 0 response) CHAIRMAN STRAIN: Page 12? (N 0 response) CHAIRMAN STRAIN: Thirteen? (N 0 response) CHAIRMAN STRAIN: Fourteen?(No response) CHAIRMAN STRAIN: Fifteen? (No response) CHAIRMAN STRAIN: Sixteen? (N 0 response) CHAIRMAN STRAIN: Seventeen? David, stop me when we get to this Section 24. I know there's people here that want to talk about that. So if I fly by it. I have read that endangered species study. I know we have comments on it. MR. WEEKS: It will be way at the back. CHAIRMAN STRAIN: Page 18? (No response) CHAIRMAN STRAIN: Page 19? Page 167 March 30, 2006 (N 0 response) CHAIRMAN STRAIN: Page 20? (N 0 response) CHAIRMAN STRAIN: Twenty-one? (N 0 response) CHAIRMAN STRAIN: Twenty-two? David, on 22, in Item L, talks about affordable workforce housing. N ow here it said it shall be provided those earning less than or equal to 100 percent of the median household income in Collier County. So obviously this paragraph doesn't apply to just the government program assistance types, because that's only up to 80 percent. So then why isn't this up to the full definition affordable workforce instead of just -- how did we randomly select 100 percent, or did we randomly select that? MR. GIBLIN: Commissioners, again, for the record, Cormac Giblin, Housing Development Manager. We've gone through many sections of the compo plan to clarify what the intent was of provisions that were created before we had affordable workforce, gap, all these different levels. F or this particular one, and just to be sure I'm on the same one, we're on the research and technology part? CHAIRMAN STRAIN: Page 22, yes. MR. GIBLIN: Okay. When that section was created about two or three years ago, the county had two separate definitions: One for affordable housing, which was capped at 80 percent of median income, and a separate definition for workforce housing, which was capped at 100 percent of median income. We had to go back through all of these sections to determine what level of affordability, if you will, as a generic term, the provisions were intended to mean. If we were to go through now and just automatically say that everywhere it says workforce it means up Page 168 March 30, 2006 to 150 percent, it would actually be diluting the intent of the language as it was originally created. MR. WEEKS: Mr. Chairman, a comment. CHAIRMAN STRAIN: It didn't help with my answer, but go ahead. MR. WEEKS: To comment further, the existing text that is in bold black, that is showing what is there presently. And we use the term workforce housing in several places on Page 22. And then down in paragraph L that you asked about, the term workforce housing exists as well as a parenthetical phrase affordable housing. CHAIRMAN STRAIN: Right. MR. WEEKS: And again, the distinction being that affordable housing is the 80 percent or less of median income. The workforce housing goes up to 100 percent, and above that 150 is the gap housing. So our intent here is to try to maintain the same level of income as the original intent of the language that's in the FLUE today. And so the original language did not contemplate and did not allow for the gap housing, so we're trying not to allow it now as well, but just to stay consistent. CHAIRMAN STRAIN: First of all, the definition of affordable workforce now goes up to 150, though, right? MR. GIBLIN: The definition is affordable workforce, to be followed by the percentage of median income you're targeting. CHAIRMAN STRAIN: Not in this paragraph, in the LDC. The new language approved by the BCC defines affordable workforce up to -- MR. GIBLIN: Zero to 150 percent. CHAIRMAN STRAIN: Okay. That's what I was getting at. For some reason you believe that -- or somebody believes research and technology park subdistricts should be limited to 100 percent of median income. Is that what this says? MR. GIBLIN: That's what this says. But it's not because we Page 169 March 30, 2006 arbitrarily or randomly believed it, it's because it was it written originally to mean. CHAIRMAN STRAIN: Oh, I know, but we're here to change things that need to be change. So why wouldn't be just put a period after density rating systems and let the definition run the criteria. MR. GIBLIN: Because, and this is -- like I said, this is only one instance of -- this idea occurred in several places throughout the rest of this plan. Right now we have on the books a requirement that housing be built at a certain income level, 100 percent of median income. That would equate to a $225,000 home. If we were to now amend this -- or not amend this sentence to restrict it to only what it was intended to mean at the time, all of a sudden we've increased that requirement to now be up to, what, $330,000 homes. I think it dilutes the original intent of the language that it was wri tten to target. CHAIRMAN STRAIN: You're saying that the people you believe that will utilize jobs and research and technology parks need the housing up to about a $225,000 purchase price level, and the other grouping is not needed in those parks; is that what it boils down to? MR. GIBLIN: No, sir. I'm saying that if this commission or the BCC would like to target a higher income level, to do that in addition to the existing language we have here. So if this commission or the BCC deems that there is a need for housing at above 100 percent, then to mandate that as well in this section, but not to dilute the existing provisions we have in here. CHAIRMAN STRAIN: How do you see -- okay, I'm -- how do you see by just living with the definition that the BCC has now approved it dilutes this? Maybe that's what I don't understand. MR. GIBLIN: Simply because right now the limit is a $225,000 home. CHAIRMAN STRAIN: Right. Page 170 March 30, 2006 MR. GIBLIN: To make the suggestion that I think you are leaning towards, that all of a sudden makes it a $325,000 home. That is a dilution I think of the intent of the original focus of the language. It allows the people building these homes to sell them for more money, to sell them to higher income people. CHAIRMAN STRAIN: Would they have to be classified as affordable workforce? MR. GIBLIN: At 150 percent. CHAIRMAN STRAIN: Right. MR. GIBLIN: Yes. CHAIRMAN STRAIN: Okay. Would they have to corne under certain standards like that matrix table? MR. GIBLIN: I don't believe so. You mean standards as in-- CHAIRMAN STRAIN: No, the quantities. In the matrix that was approved a few days ago by the BCC, if you utilize gap, you've got to use a certain percentage of other affordable levels as well. Would that apply here? COMMISSIONER ADELSTEIN: Yes. It would have to. MR. GIBLIN: Yes, sir. CHAIRMAN STRAIN: Well, if that does apply here, then I can't see what providing a mix like -- I mean, BCC has agreed that a mix is needed. So why wouldn't we just simply want to apply that? I don't understand what this dilution thought pattern is. I'm puzzled by it. I can't grasp it. MR. WEEKS: Well, let me put it differently. If a site wanted to come in and develop an R&T park and they wanted to build 10 dwelling units, with the proposed language proposed here all of those would have to be at or below 100 percent median income. CHAIRMAN STRAIN: Right. MR. WEEKS: If we used the new definition that allows it to go all the way up to 150 percent of medium income, then some portion of those units would be within the gap housing; therefore, some portion Page 171 March 30, 2006 of that 10 -- only a smaller portion of that 10 would be at or below 100 percent of median household income. So that's why the dilution, because now the developer has the broader range for his or her 10 dwelling units. CHAIRMAN STRAIN: Yeah, but by the BCC's election to go with that matrix, they've acknowledged that there's a need out there that hasn't been fulfilled, so why wouldn't they want to fulfill it on every proj ect? I don't know why we would want to look at this any differently than -- MR. GIBLIN: I agree they've acknowledged the need. And I think to accommodate that need additional restrictions or proposals need to be put in place, not an exception to an existing proposal. CHAIRMAN STRAIN: Well, my recommendation would be after the word density rating system put a period and let the definition rule the day. Anybody else on this panel have any comments? COMMISSIONER MURRAY: I just wanted to pose the question, is it a bad thing, especially in a research and technology park? They're going to look for people with skills, higher levels and so forth. Is it a bad thing to have a mix that tends to weigh toward the gap level rather than the lower level or the median income level? MR. GIBLIN: Certainly no one is saying that it's a bad thing. We're saying that this is the intent of the original language. COMMISSIONER MURRAY: You used the word dilute. So when I convey in my mind, dilute, I see it being a bad thing. So what does dilution mean in that context? MR. GIBLIN: Dilution means that according to the original language, all of the units need to be at one income level. If you delete this added language, now all the income limits are at a higher income level. COMMISSIONER MURRAY: That I appreciate. MR. GIBLIN: And that is where I'm coming from when I say Page 1 72 March 30, 2006 the word dilute. COMMISSIONER MURRAY: And that's what it causes me to ask is that a bad thing. And of course your response is no, it's not a bad thing but it's not the intent. But the intent was before we had a rating system. So maybe what our recommendation is that we're trying to say that okay, the BCC could keep it this way, but I would think we would recommend it just where he says, to end it at the density rating system and have it applicable to all ratings. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Well, that's exactly what I'm saying. This is yesterday, now we're today. This has been approved now. Why wait another year to get to this? The answer is the 150 goes in now, the three of them are there. Don't put them up any other way, just do it like he said, just indicate that they are there. MR. GIBLIN: Commissioners, if I can kind of lead you to where later on in this chapter where we talk about a rural village. Because I think that the issue -- or the example can be made more clearly. In a rural village, there's an existing provision in here, that -- and I'm just going to use approximately -- approximately five percent of the units built in there need to be what used to be called affordable housing at 80 percent of median income, and an additional five percent of the units need to be what we used to call workforce housing at 100 percent of median income. Now, those produce unit types and income mixes of a certain mix. If the definition is now changed to increase that to 150, you end up with a different unit mix than was originally intended. And I guess my position is that if the CCPC or the BCC would like to see that gap range also addressed, that that be added to rather than replaced of the existing requirement. COMMISSIONER ADELSTEIN: You're not replacing it, you're adding it to, correct. And that's what should happen. Page 173 March 30, 2006 MR. GIBLIN: Well, sir, I think that the way the conversation is going, we're looking to replace the existing requirement with a new requirement. COMMISSIONER MURRAY: If I may? CHAIRMAN STRAIN: Go ahead. COMMISSIONER MURRAY: The 100 percent is going to change, but if it goes by the density rating system it should embrace all of the number potential. And yes, it will, using your concept of diluted, in that your focus on the people who we, you know, were poor, if you will, or really need those jobs, as it were, I grant you, that will be diluted. But for a research and technology park, the gap probably is the kind of level you're looking for, people who can afford a little more because they have a little more education, et cetera. You won't allow that to happen on that basis, then. You won't prevent it but you won't at allow it either. MR. COHEN: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. COHEN: While I confirmed with Mr. Weeks, you know, we're prepared to go ahead and go along with the CCPC recommendation with a period after density rating system, but at the same time, allow Mr. Giblin the opportunity to research a little further, and if there is something that staff is being consistent with its recommendation, we would incorporate it in the report and just do it that way. CHAIRMAN STRAIN: And as we talked, if you have such a suggestion, if you would include it as a sub note, not as part of the text. MR. COHEN: Exactly. CHAIRMAN STRAIN: We're going to take a five-minute break to exchange -- oh, 10-minute break -- we just got one but we'll have another one -- to exchange court reporters. Page 174 March 30, 2006 (Short recess was taken) CHAIRMAN STRAIN: Okay. The court reporter is up and running so let's resume our meeting. We left off on page 22. (N 0 response) CHAIRMAN STRAIN: Page 23. (N 0 response) CHAIRMAN STRAIN: Page 24. And, David, same application, No. II? COMMISSIONER MURRAY: Right, same thing. CHAIRMAN STRAIN: You've got a certain amount that would have to be 80 percent, but then we'd bring in the higher range. And with the higher range and receipts you should go up to the full limit of the definition. MR. WEEKS: Mr. Chairman, in this case-- COMMISSIONER MURRAY: Specific. MR. WEEKS: It's a specific subdistrict and also there's a pending rezone application. COMMISSIONER MURRAY: It's specific. MR. WEEKS: My suggestion is that we leave it. CHAIRMAN STRAIN: Leave it? MR. WEEKS: I would like to point out something else, Mr. Chairman, on the same page Item No.3 above, which is under the Commercial Mixed-Use Subdistrict, I believe it was that specific number. But at any rate, under that Commercial Mixed-Use Subdistrict, the Planning Commission had suggested we look into the matter of adding a requirement to the developed mixed use, develop affordable workforce housing. And staff chose not to add any language. Our concern is that a requirement to provide affordable workforce housing might be a disincentive to doing a mixed-use development. I think that we have competing interest here. We're trying to promote mixed-use development and we provide a certain Page 175 March 30, 2006 incentive to do that, namely some density bonuses. But at the same time, if we start adding a requirement that to do a certain type of unit which restricts your ability, your -- your financial gain because you have to do some affordable units, we're concerned that that's -- that's going to have the opposite effect. It's not going to be a strong incentive, a strong promotion for mixed-use development. Our suggestion is, let's don't add the workforce requirement. Let's wait and let this subdistrict be implemented. And if we come to find out that it's -- it's popular, that people are using it a lot, then we could consider adding workforce requirements. CHAIRMAN STRAIN: Well-- COMMISSIONER MURRAY: I wouldn't -- CHAIRMAN STRAIN: -- my concern there is, David, as this county has learned, by the time we figure out something could have been done a different way, it's done so bad so long and so much, you can't change it. As far as additional density in commercial areas being mixed use or whatever, if we didn't have an additional density in this entire county right now, I wouldn't lose any sleep over that. So if we're incentivizing projects to go with mixed use to give them more density, I'm not sure it's a benefit not to get something out of it for the social good of the community other than more high-priced units on top of high-priced Fifth Avenue type stores. So -- I mean, that's probably where we were corning from originally. I don't know. I mean, Mr. Murray -- COMMISSIONER MURRAY: Being intimate with the subject, I think the LDC language, now it's completed, it'll be submitted shortly, it -- it is not intended either for low-salaried people or high-salaried people. It is intended to -- to effectively do away with strip malls for the period of time, hopefully. But it would provide opportunities depending upon the developers' interests to -- to put in some affordable housing, GAP housing. And bonuses are necessary beyond the incentives that we hope to -- that they'll appreciate, then so Page 176 March 30, 2006 be it. But right now thinking that this is good this way, if what I've just said is meaningful to you in the absence of the language, it probably is not as meaningful as I'd like it to be. CHAIRMAN STRAIN: Bob, it looks by this there can be up to 16 dwelling units per acre. COMMISSIONER MURRAY: That's a lot. CHAIRMAN STRAIN: Right. And if -- maybe what we should consider is after so many dwelling units, if they want more than additional X, then it has to be -- they have to equalize an affordable component. But I really think that any new density without an affordable component is detrimental. COMMISSIONER MURRAY: We go by -- on the mixed use that we've done which is the commercial/residential component or residential or commercial, the underlying -- the underlying zoning is the -- is the factor. And that would bring you into the world of what bonuses you might be -- be able to get. I don't think we're -- we're not granting -- David, we're not granting 16 -- we're not granting up to 16 bonus units arbitrarily in any of the mixed-use language, are we? MR. WEEKS: This provision would allow for up to 16 units per acre for properties that are in the urban area, not within the coastal high-hazard area and not within the -- within the urban residential fringe. That's what's allowed. I view that as the sky is the limit. The reality is because these properties are zoned C 1, 2 or 3, they have a height limit of -- I forget if it's 35 feet or 50 feet. The height limits are going to corne into playas a natural restriction of just how many units can be developed. As -- as is other design standards, your parking requirements and so forth. So the 16 units per acre sounds like a lot and is a lot, but we don't expect to see anywhere close to that actually getting developed. Brad, do you want to -- COMMISSIONER SCHIFFER: You're right. I mean, there's an open-space requirement. I think it's 60 percent of that unless you have Page 1 77 March 30, 2006 commercial, which some people put a phone booth on the corner and count that and then it's 30 percent. CHAIRMAN STRAIN: Well, you know, ifsomeone's utilizing this density and we don't require them to do affordable housing, they aren't -- they aren't going to do it, but -- COMMISSIONER SCHIFFER: Mark, I mean, I can differ. I can make an argument that the lack of density is causing our housing problem too. I mean, I think that -- anyway. We don't need to get into a debate over the virtues of density, but -- CHAIRMAN STRAIN: Well, no. This is an important aspect. If this conversion and this mixed-use conversion occurs and starts becoming popular, which, you know, some things like this should and may become popular in the urban area, Marcado's my first thought. That's an awfully nice project. They don't have, I don't believe, an affordable housing component. COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: Unless 600,000 plus is affordable housing, it might be soon in this county but it isn't right now. If more of that happens, we're not going to have any -- it's unlimited density. David, you had -- MR. WEEKS: You're still quick to make a distinction. And I don't want to belabor the point, but Marcado went through a public hearing process to be rezoned. And that may -- maybe this re-enforces your point. This provision is applicable to commercial zoning. Primarily it would be already in place. CHAIRMAN STRAIN: Right. MR. WEEKS: But if a property qualified to be rezoned for commercial such as in the activity center, it could be rezoned to Cl, 2 or 3. And then as a matter of right be able to add the dwelling units. So I would anticipate that, for the most part, this application will be to existing zoning. COMMISSIONER MURRAY: That's the way it was Page 178 March 30, 2006 contemplated. We need to vet that language when it comes to us. CHAIRMAN STRAIN: Well, David, is there some way we could hook the process so if they want to use the density, the residential density pursuant to this provision and they do not choose to utilize affordable housing, then they have to go through the public process, but if they utilize a percentage of affordable housing, they can do that by right. Is that a way to approach it that might be more palatable? MR. WEEKS : You mentioned a couple things. That -- that's one potential. Obviously, that's going to have an impact on this proposed Land Development Land Code Amendment that Mr. Murray referenced to implement this provision. . Another would be -- another point you made was to put a cap. For example, no more than four units per acre by right. Anything above that, you have to have an affordable-housing component. CHAIRMAN STRAIN: Well, that would do it. Make it simpler. But I'm not sure four is the right number since -- I mean, I would see a little bit lower, because as you say, if the height restriction, four nobody utilizes right now. So they could do -- COMMISSIONER MURRAY: Well, the mixed use that we're talking about that's coming does allow for stand alone eventually. It's contemplated to be a mixture of those things. So I -- I really have no problem in including affordable housing in it. It was hoped that that would be the case. We tried to incentivize this in order to produce a result that hopefully will change some other things. Now, we can include affordable housing at that point, but this -- this is not -- is this the time for that? Is this appropriate to do that? Will it impact negatively in any way on -- on what -- because I know you're familiar with what I'm talking about. Sorry to sound like I'm -- CHAIRMAN STRAIN: Yeah. Mr. Schiffer. COMMISSIONER SCHIFFER: Bob, you done? COMMISSIONER MURRAY: Well, I was asking Mr. Weeks a Page 179 March 30, 2006 question. He knows where I'm corning from on this and I don't want to prevent -- I don't want to stop anything dead before it gets started. And at the same time, sure, I'm open to that. I'm open. Sure. MR. WEEKS: It will certainly impact the Land Development Code amendment that we just initiated. We're going to have to go back to modify that. Or I guess a different way of looking at it is because the time line's being different, this change, if that's your direction, can be made. And by the time these GMP amendments are adopted and go into effect, I would anticipate that these LDC amendments would already be in place. So then we would simply probably the next cycle for the LDC have it -- modify it now to add this requirement for the affordable housing element. COMMISSIONER MURRAY: Which I would hope we would do it that way in order to get this started, this process. But, you know CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: I mean -- and, Bob, I don't know what your committee did, but I think this is exactly where you want affordable housing to begin with. I mean -- so I really think that I would like to see us make this totally an affordable housing situation. This is where the workers can walk to work and live above work. These are not the most desirable sites in town for luxury apartments on 41 and C zoning isn't where you're going to be fighting with the millionaires for the penthouse. So I really think that I would like to see this be totally an affordable housing situation. COMMISSIONER MURRAY: I would -- I would ask you to hold off on that because I think it would kill all of the work that four and a half years produced, quite frankly. COMMISSIONER SCHIFFER: Well, Bob, what position should we hold that? COMMISSIONER MURRAY: Well, I think you might include some partial. I don't have a problem with some partial number in Page 180 March 30, 2006 there. CHAIRMAN STRAIN: How about in excess of three residential units -- COMMISSIONER MURRAY: That's fine. CHAIRMAN STRAIN: -- per acre? COMMISSIONER MURRAY: Just to get it started. CHAIRMAN STRAIN: Okay. That's a compromise that can go forward. I'm sure the BCC will want to vet this one out a little bit more as well. COMMISSIONER MURRAY: Right. CHAIRMAN STRAIN: So why don't we start with that suggestion. We'll highlight this issue. Staff can include a reference that any zoning, any density above three units per acre out of these mixed-use districts will have to be affordable housing and go from there. MR. COHEN: Clarify for the record -- to clarify that for the record, that's affordable or workforce housing; correct? CHAIRMAN STRAIN: Yes, that's what I'm referring to. COMMISSIONER MURRAY: Did we not consider those as interchangeable now? CHAIRMAN STRAIN: Well, I thought so. MR. WEEKS: I believe the reference would be any density in excess of three dwelling units per acre must provide affordable workforce housing in accordance with the -- that particular LDC provision. We just want to spell out that mix so -- of the different unit types. CHAIRMAN STRAIN: That's correct. COMMISSIONER MURRAY: That's fine. COMMISSIONER ADELSTEIN: That's it. CHAIRMAN STRAIN: Okay. Let's move on. Page 25. (N 0 response) CHAIRMAN STRAIN: Twenty-six. Page 181 March 30, 2006 COMMISSIONER SCHIFFER: I have a 26. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: Dave, just for -- this is a conversion of zoning again which I'm trusting you that the commission after we met with them they decided that they wanted to keep this in. I believe that, I think. But what the concept here says is converted. I mean, isn't this exactly -- isn't this good land for the mixed-use development? What you're really saying is if I have acreage and I -- you know, take some of that acreage and make it residential, which means I can't build commercial on it, right, so I can't do mixed use on it, I get 16 units to put some place else which maybe on the land next to it that I'm not converting. But say I have a ten-acre site. I'm going to say I'm going to give you five acres, get my sixteen. The other five acres I'm going to build a shopping center. I'm going to put 16 on top of that plus what we just talked about. I mean, is that the incentive? I mean, to me I think this is contrary to the concept of mixed-use development which we're learning we need for transportation and all these other things. MR. WEEKS: It's really two different provisions. I can't argue with the need for affordable housing or for mixed-use development. That's a goal of the county. Go back in history when the plan was adopted in 1989. The purpose for this density bonus was to provide an incentive for commercial zoning that is not consistent with the Future Land Use Map to be changed. COMMISSIONER SCHIFFER: Right. MR. WEEKS : We had a carrot and a stick. This is the carrot. The stick was the zoning re-evaluation program wherein the county did, in fact, rezone a little over 200 acres from commercial to noncommercial zoning. Again, zoning that was not consistent with the Future Land Use Map. But the carrot -- the stick is over. The program has ended, but Page 182 March 30, 2006 the carrot remains. And that's this conversion provision here. Ifwe eliminated it, then that's No.1, it's going to require people to either develop as it's zoned commercial or do mixed use. But it's -- it's -- it's going to allow that commercial zoning that is not consistent with the Future Land Use Map to remain. COMMISSIONER SCHIFFER: Okay. I'm done. I mean-- MR. WEEKS: Strict commercial -- isolated commercial parcels. COMMISSIONER SCHIFFER: Tiny parcels. MR. WEEKS: By and large. CHAIRMAN STRAIN: Page 27. COMMISSIONER SCHIFFER: I have a 27. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: And this is one more shot at the workforce housing by -- affordable housing by right. I mean, this is really where the rubber meets the road on -- you know, we're the Planning Commission. Do we really not want to allow a way to kind of juice up this program by allowing -- my suggestion would be is rather than use the density bonus system of -- as in the ordinance, I would say that anybody who wants to make 100 percent affordable housing up to 150 percent, that they should be able to do that by right. CHAIRMAN STRAIN: Brad, we discussed this in length at our last meeting. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: I can tell you categorically my position has not changed on any references that this applies in this entire EAR amendment. So to save us all trouble, let's poll the board so we know where we all stand. COMMISSIONER SCHIFFER: I know, being like a dog on a leg on this issue, but the thing is that -- I mean, we really have to do something to get this thing going. And this is exactly where we have to be is give the people a density to get right in the saddle and build this stuff right away. Page 183 March 30, 2006 CHAIRMAN STRAIN: I think destroying existing neighborhoods is not the way you accomplish the goal. And before we -- let's just ask, Mr. Tuff, your position on this, has it changed since the last meeting? COMMISSIONER TUFF: (Indicating) CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: No. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: No. CHAIRMAN STRAIN: I haven't. Ms. Caron? COMMISSIONER CARON: No. And I would suggest that we get the 4,500 units we already have approved out of the ground and then you can consider density by right. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: No. CHAIRMAN STRAIN: And Mr. -- COMMISSIONER SCHIFFER: You forgot to ask me. CHAIRMAN STRAIN: I know what yours is. Okay. COMMISSIONER SCHIFFER: Okay. Move on. CHAIRMAN STRAIN: Move on. Page 28. (No response) CHAIRMAN STRAIN: Page 29. (N 0 response) CHAIRMAN STRAIN: Page 30. (No response) CHAIRMAN STRAIN: Page 31. (N 0 response) CHAIRMAN STRAIN: Page 32. Page 32. Okay. COMMISSIONER CARON: I have a question on 32. CHAIRMAN STRAIN: Okay. Well, let's start with Ms. Caron on 32 and then David has a question as well. Page 184 March 30, 2006 COMMISSIONER CARON: We went from a third of a mile from an activity center or we went from a quarter of a mile to a third. Was there a specific -- specific reason? MR. WEEKS: My recollection of your direction and per my notes, a quarter mile was discussed, but I did not believe that that was a specific direction. At any rate, I can tell you that as a member of the development community, Bob Mulhere had proposed -- it was either Bob or Wayne. I don't -- I don't remember which, Wayne Arnold, had proposed one-third of a mile. Staff thought that that was acceptable. We already have a basis for the third-of-a-mile dimension. And the PUD neighborhood village center subdistrict in the FLUE there's a requirement that that neighborhood center -- excuse me, village center with the commercial component must be within one-third of a mile of 80 percent of the dwelling units, but there's already a basis for that dimension. That's why staff had proposed that. Certainly if the commission proposes -- recommends a quarter of a mile, then so be it. CHAIRMAN STRAIN: I thought that was a compromise. I think some were asking for a half a mile and we had a quarter and a third seemed to be a fair compromise so... MR. WEEKS: Okay. Additionally, much of the language that you see here was proposed by Wayne Arnold. I tweaked it some. And he has reviewed it and has indicated his acceptance of it. I would further like to modify the language, though. I believe what the Planning Commission desires clearly is to allow some of the activity center generated density to be spread outside of the activity center. And the staff position, we still don't support it, but as long as the density bands are being eliminated, then that kind of tempers the staff position. Because this allows -- the density band would already allow for some additional density outside the activity center. And that's proposed to be removed. So in a sense staff can view this as a replacement provision that allows for some increased density so that we have a transition of density and intensity of use inside the activity Page 185 March 30, 2006 center to outside of it by allowing some to be spread. One of the statements that's made in this proposed language is that we want to create compact and walkable mixed-use projects, but that's just a statement. It's not a requirement. Staff would like to add an additional phrase at the end of the -- of the red sentence that you see. And I'll put it up on the visualizer. I need Katie to turn the visualizer on. CHAIRMAN STRAIN: I was just going to say . We've got a lot of blank screens up here. MR. WEEKS: I can read the language into the record. I've got it CHAIRMAN STRAIN: There she goes. COMMISSIONER CARON: Oh, here we go. CHAIRMAN STRAIN: She's listening. MR. WEEKS: Wrong direction, I'm sure. CHAIRMAN STRAIN: You ought to put a little arrow on that thing. Everybody has that same problem. MR. WEEKS: The short of it is -- is adding a requirement -- a requirement, a mandate that the development -- the commercial -- the development within the activity center must be pedestrian oriented, must be interconnected with the remainder of the project. It is to try to create some functional integration between the activity center portion of the project and the nonactivity center portion. CHAIRMAN STRAIN: Okay. COMMISSIONER CARON: Yeah. That's what? CHAIRMAN STRAIN: I'm sure the development community would agree to that. As Richard wanders to the podium. Did you have something to say on this issue? MR. YOV ANOVICH: I do. CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: But not -- I would like to see -- CHAIRMAN STRAIN: Ms. Ford, that's Richard Yovanovich for Page 186 March 30,2006 the record. MR. YOV ANOVICH: Sorry. I keep forgetting that. I would like to see the ability to not only be able to spread the units within a third of a mile, but if 100 percent of those units generated from the activity center are affordable units, I'd like to have the ability to locate those anywhere within the project. And that would also afford us to be able to provide some different types of amenities for people who we're serving with our affordable housing instead of having have them live next to the store or above the store. We may be able to provide some additional amenities within the project. Obviously, they'd be -- still be interconnected. We don't have a problem with interconnection, you know, through our pathways, through our roadways, through bicycle paths. But I think it's an opportunity to encourage more affordable housing from units that are being generated from that site. So I'd like to see an exception for affordable housing that it could be located anywhere within the project and not within one-third of a mile. CHAIRMAN STRAIN: David, would that bring into situations where we could have concentrated apartment housing on the intersection itself instead of commercial or something that may not be as useful at the heart of the intersection? MR. WEEKS: I don't think that's what Rich is proposing. But right now there's no requirement that activity centers be developed commercial. So someone could come in and develop an activity center to residential now. My one question I was going to ask, is such a provision necessary? If you're located outside of the activity center, you're eligible for a density bonus for -- for the affordable workforce housing of eight units per acre plus a base density of four. So that's 12 units per acre. What's the need to get activity centers in and spread it out. MR. YOV ANOVICH: Well, I don't think that's technically correct. Not every activity center in Collier County is eligible for a Page 187 March 30, 2006 density bonus of eight. For instance, if you're in the urban fringe, the density's one and a half. Now, with the TDRs, you can get to two and a half. So if you want to -- let's say you had a 40-acre quadrant, that would generate 100 units. If you wanted to take those 100 units and do them all as affordable housing within the project, why would you want to discourage somebody from doing that? You're trying to give an economic incentive to provide affordable housing. The economic incentive is -- is you're using the density created by the activity center. And you're using it within -- you're using it within -- and it's a much lower bonus. It's not -- it's not even a bonus of trying to go to -- for instance, there's a provision in there right now that says you can go to six in certain portions. And you can't -- certainly can't go to eight. You certainly can't get to 12. What I'm suggesting is this would be another opportunity to provide for affordable housing by allowing the transfer of those units. CHAIRMAN STRAIN: Okay. I think we understand where you're trying to go. Thank you, Richard. And, David, I'd like to get your comments. MR. WEEKS: If the project is in the urban residential fringe, Rich is correct, you would not be able to get the affordable housing density bonus. You would not get any density bonus. And that's because we don't encourage high-density development in the urban residential fringe. It's simply not appropriate. MR. YOV ANOVICH: I would find it hard to believe that the overall project still has to meet the one and a half units per acre. And I'll be quiet, but the comment about high density is not accurate in the urban residential fringe. Because, remember, the base is one and a half. Through TDRs you can get to two and a half. I would submit that two and a half more units per acre on the activity center is not a high density project. It's nowhere near four. It probably would bring you to an overall project density of 2.501 or Page 188 March 30, 2006 something like that. I mean, it would be such a small fractional increase. And it would seem that we clearly need more opportunities to provide affordable housing. CHAIRMAN STRAIN: Thank you. And I know that this was thoroughly vetted at our last meeting. It was one of the bigger issues between the development community and everybody else that was dealing with this. And we had asked that the groups work together and come back with some language which they have done. I wish that you had brought your issue into play earlier than today. MR. YOV ANOVICH: Well, I -- David. David and I spoke about the issue. And David and I, as you can tell, respectfully disagree. That doesn't mean I shouldn't be allowed to present -- CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: -- you know, our opinion. So it's not -- it's not corning here for the first time today. CHAIRMAN STRAIN: Okay. You can present your opinion as -- as always. I just wanted to make sure that this didn't -- this seemed new to us, so I didn't know if it was new to David. David's had more time to think about it than today. That's good news. Mr. Arnold, you're standing up there for a reason. MR. ARNOLD: Yes, thank you. Wayne Arnold. I just wanted to say that David shared the language that he has on the visualizer with me earlier and I have no objection to that language. CHAIRMAN STRAIN: Okay. Any comments from the panel as to -- (No response) CHAIRMAN STRAIN: Hearing none, we'll move -- we'll move on. Page 30 -- David, at this point, then, there's no changes recommended for the language except the changes -- well, let's talk about David's changes. I don't see a problem with the changes David's recommended on the screen. Does the rest of the panel have any Page 189 March 30, 2006 concerns over it? COMMISSIONER SCHIFFER: They're good. CHAIRMAN STRAIN: Okay. David, we'll utilize your language and move forward. MR. WEEKS: Thank you. CHAIRMAN STRAIN: Page 33. (N 0 response) CHAIRMAN STRAIN: Page 34. (N 0 response) CHAIRMAN STRAIN: Thirty-five. Mr. David Weeks. MR. WEEKS: Mr. Chairman, on paragraph 2 on page 35, the last text in red you can see the word "commercial" has been inserted. And that was not anything at your direction. It was actually a request from the private sector for clarification. As a result of a privately initiated Growth Management Plan amendment about two or so years ago, this text was added and a plus or minus 19-acre property was added. And it was specifically allowed to have these uses as identified here in the text on the page; 185,000 square feet of various commercial type uses. However, the word "commercial" does not exist presently. It simply says, Development shall be limited to this 185,000 square feet. The concern by the private sector was that might be viewed to mean that no other uses are allowed there and that is not the way staff would read this, but we could understand how someone could argue that point. That is, all other activity center uses are still allowed. So, for example, if the property owner chose to develop with residential or institutional uses, that would still be allowed and so I wanted to clarify. However, in inserting the word "commercial," that would preclude one -- at least one additional use that we don't want to preclude. And that is the provision that allows for support of medical facilities when located within a one-quarter mile of a hospital or a medical center. And as you probably know there's a new hospital Page 190 March 30,2006 being built or about to be built in close proximity to this activity center. So staff would propose adding a parenthetical phrase after the term "commercial" that's in red and then the word "development" insert, Exclusive of the one-quarter mile support medical uses. Again, the point is to make sure that we don't preclude development of such uses within this activity center. CHAIRMAN STRAIN: Any objections or concerns with that? COMMISSIONER MURRAY: That's good. That's a good thing. CHAIRMAN STRAIN: Okay. Then it looks like the consensus is to go forward, David. Page 36. (N 0 response) CHAIRMAN STRAIN: Thirty-seven. (No response) CHAIRMAN STRAIN: Thirty-eight. (N 0 response) CHAIRMAN STRAIN: Thirty-nine. (N 0 response) CHAIRMAN STRAIN: Forty. (No response) CHAIRMAN STRAIN: Forty-one. (N 0 response) CHAIRMAN STRAIN: Forty-two. (No response) CHAIRMAN STRAIN: Forty-three. (N 0 response) CHAIRMAN STRAIN: Forty-four. (N 0 response) CHAIRMAN STRAIN: Forty-five. David, this is one of those places where we have the same issue with the housing level. Page 191 March 30, 2006 MR. WEEKS: If I could speak just a moment on this. CHAIRMAN STRAIN: Sure. MR. WEEKS: Not to try to convince you necessarily but to explain. This is -- this is what Cormac had made reference to earlier when he was speaking. The first part of this provision changing the 0.2-unit per acre for providing affordable workforce housing from a bonus to a mandate is simply to be consistent with the Land Development Code. CHAIRMAN STRAIN: Right. MR. WEEKS: The FLUE was adopted to provide for bonus, but the LDC was adopted as a mandate. We simply wanted to make the two consistent. But we did not want to preclude the ability to provide additional affordable workforce housing as a bonus. So that's what the original language proposed. And I presume your direction is going to be to eliminate the percentage cap. CHAIRMAN STRAIN: That's what I -- that's what we talked about earlier and I think it should still be that way for all those points. Anybody have an objection to it? (N 0 response) CHAIRMAN STRAIN: Page 46. (N 0 response) CHAIRMAN STRAIN: Forty-seven. (N 0 response) CHAIRMAN STRAIN: On page 48. MR. COHEN: Mr. Chairman, you have a speaker. CHAIRMAN STRAIN: Okay. Let's finish with 48 before we go to the speaker. On page 48 that percentage cap occurs numerous times. So if you could make sure those are all caught, David. MR. WEEKS: Yes, sir. CHAIRMAN STRAIN: It's the same issue. Okay. And who is -- what -- Wayne? MR. ARNOLD: Again, for the record, Wayne Arnold. And I Page 192 March 30, 2006 apologize. I had a note on page 42 and it's really a question because I can't make out the language in -- in my copy. Under paragraph 11, the Goodlette Pine Ridge commercial in-fill subdistrict. I remember Bruce Anderson spoke to this issue. And he and I wrote this specific comprehensive plan subdistrict several years ago. And the intent was to allow these certain commercial uses in addition to the underlying urban designated uses. And I thought the concurrence from the Planning Commission was that that would be the case because the language was previously stricken that was in there. COMMISSIONER CARON: That is in there now, though. MR. ARNOLD: Is it? Because my copy's kind of unclear and I was just looking for clarification that it was. COMMISSIONER CARON: Double underlined in red. CHAIRMAN STRAIN: Double -- yeah. COMMISSIONER CARON: I'm sorry. CHAIRMAN STRAIN: The double underlined with a strike through -- MR. ARNOLD: Okay. CHAIRMAN STRAIN: That means it's okay. MR. ARNOLD: Maybe that's my problem. Thank you. COMMISSIONER MURRAY: Confirming that. My notes here say, Do not strike out so... MR. ARNOLD: Thank you very much. CHAIRMAN STRAIN: But, Wayne, you're right. It's definitely been confusing on that issue. MR. ARNOLD: All right. CHAIRMAN STRAIN: Page 49. (N 0 response) CHAIRMAN STRAIN: Page 50. (N 0 response) CHAIRMAN STRAIN: Page 51. MR. YOV ANOVICH: I think you just blew past Section 24, Page 193 March 30,2006 Red Cockaded Woodpeckers. CHAIRMAN STRAIN: No. It would be impossible because David was going to remind me when we got there. MR. YOV ANOVICH: I think -- I think -- MR. WEEKS: Fifty-three. MR. YOV ANOVICH: I've got 47 under the North Belle Meade Overlay. COMMISSIONER CARON: Not there yet. CHAIRMAN STRAIN: Yes, it is on page 47. MR. WEEKS: Oh, I let you down, sir. MR. YOV ANOVICH: I was there for you, David. MR. WEEKS: Thank you, Rich. CHAIRMAN STRAIN: Okay. Well, I know that there's a lot of debate on this one so I expect both parties to be able to tell us what their concerns are. I'm -- we've all distributed and we've all received a Southern Bioms Report. And I've read it. I'm sure the rest of the commission has read it. I don't know if we want to start with questions from the commission or statements from the parties. Why don't you start off, sir. MR. WOODRUFF: For the record, Andy Woodruff. I can reiterate some of my concerns that I brought up the last time that we had this hearing and discussion regarding Section 24. Some of those specific concerns were that the study was not a specific foraging and cavity survey for Section 24. It was a North Belle Meade Overlay Restoration Plan that was presented. The study identified basically any property that had pine trees on it with the potential to be restored as either a cavity or a foraging habitat. It didn't identify if RCW s were actually nesting or foraging on a particular piece of property. But from that perspective it -- I mean, I knew that information before the study was conducted. I knew that we had pine trees on this piece of property. And, you know, at the time -- we've known that we've had RCW s on this piece Page 194 March 30,2006 of property. So it hasn't told me anything new since the study's been done. So it -- it didn't assess what the nesting and foraging habitat was being provided on Section 24. CHAIRMAN STRAIN: So you just -- are you acknowledging on record that there are RCW s on that property? Did I hear you -- just hear you say that? I mean, I thought that's what I just heard him say. MR. WOODRUFF: We -- we -- I -- I don't know what the current situation is on Section 24. I don't know. I -- I can say that I've done permitting on Section 24. We did permitting back in the '90s on Section 24. We did consultation with the U.S. Fish and Wildlife Service for Red Cockaded Woodpeckers on 24. CHAIRMAN STRAIN: So you haven't -- you're acknowledging there have been or there were at some time RCW s on Section 24? MR. YOV ANOVICH: On a portion, not the entire Section 24. MR. WOODRUFF: Correct, yes. On a portion of property on Section 24, that's correct. MR. YOV ANOVICH: Keeping in mind what this does -- CHAIRMAN STRAIN: Okay. This doesn't let you talk a little more when you started because when you said that I was a little startled. I thought that was the opposite of where you were going on our last meeting. Go ahead, Rich. MR. YOV ANOVICH: No. And -- and what we're saying is the whole purpose of this was supposed to be a study of the entire Section 24 to determine which portions, if any, should be set aside as an area for Red Cockaded Woodpeckers. No study has been done. I represent several clients within Section 24, one of which is a farm, and so does Andy. And what we were -- we're asking, nobody came to us and said, Hey, can we have access to your property to do a study? What I think what they did is they just looked at some aerials. I think they looked at aerials before when they originally did the -- the identification. What we thought was actually going to be a specific study of Section 24 and say, maybe over here it makes sense. Instead, Page 195 March 30,2006 it's just a sweeping classification of all of Section 24 to go from neutral to sending. But I -- and I'm not -- it's not based on any specific study. There was nothing done to my knowledge new that wasn't already done when they originally designated it as sending. And I believe the board was saying, Go do a more in-depth study of that specific section and come back to us, tell us what -- what -- what you think and provide justification for going from neutral to sending. And we don't believe that that has occurred. CHAIRMAN STRAIN: Ms. Caron, did you have a question? COMMISSIONER CARON: Yeah. 1-- I just have a question. At the last meeting someone got up and said that people were prevented from getting onto properties. MR. YOV ANOVICH: I can tell you that none of my clients were ever asked to be allowed to come onto the property. So that's-- you can't -- COMMISSIONER CARON: I'm sorry. Would you repeat that, please. MR. YOV ANOVICH: None of my clients were asked for access to their properties. So you can't prevent somebody if you're not asked. COMMISSIONER CARON: My point precisely. CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: You need to ask. CHAIRMAN STRAIN: I think we're going to have to get staff to provide us with some comments. I know there's other public speakers and we'll work our way through everybody. Bill, are you aware of this study? Are you knowledgeable about this study or who's the most knowledgeable person at the county about this? MR. LORENZ: Yes. I have Mac Hatcher here who's on our staff. He's the most knowledgeable. He worked with -- with -- with a consultant. Page 196 March 30, 2006 THE COURT REPORTER: Your name, please. MR. LORENZ: My name is Bill Lorenz, Environmental Services Director. The study was done by Gaza Devosta. Gaza was familiar with the area. He's been on the section -- section -- various portions of Section 24 lands in addition to North Belle Meade lands and is knowledgeable, has personal knowledge of those areas. We used him because of his personal knowledge not just what we had initially done, my staff, which was simply going through a -- throwing -- going through an aerial analysis. He did -- I'm not aware and Mac may be aware of, but -- but we did not contract him to physically go on and -- on -- on properties within all of the North Belle Meade. It's -- it's impossible to go out on all properties. And the data analysis that we wanted to gather was -- was based upon his personal knowledge of being on properties and there for other -- other -- other -- other work that he has done in that area is to then tell us as to what -- what those -- those habitats were. So that was -- that was the general direction and the scope of the study of what he came back to us with. And Mac Hatcher can speak more specifically if you have any more specific questions about the study; Mac worked with them. Mac has also gone out on the site last Friday because Conservation Collier has purchased the property. And we were out on the Conservation Collier land, which is the 65 acres to the north. I can bring up the slide and Mac can show you a little bit closer where -- where it was. Mac's observations were they actually saw one bird and heard others in that -- in that property. So -- so we are convinced that there are RCW s within Section 24. That the habitat is in Section 24 is similar to the habitat in other sending lands within the North Belle Meade where there are -- where we established those sending lands for purposes of RCW s. The other point is is that in terms of restoration, we just adopted the bonus credits for the TDR program. And those bonus credits, of Page 197 March 30, 2006 course, you would receive if you were in sending lands, provides for a restoration and management component that would facilitate or -- or enhance the viability of the RCW habitat, excuse me, within that section. So -- so with that, let me have Mac Hatcher speak to any specific data and information requirements you may have. CHAIRMAN STRAIN: Thank you. I do have many specific questions. I have read the report in detail. My first question, though, is if Gaza did this, why is he not here today? MR. HATCHER: Gaza is -- CHAIRMAN STRAIN: That's Mac Hatcher. MR. HATCHER: Oh, for the record, Mac Hatcher of the Environmental Services. Gaza's a consultant. He's not a full-time employee of the county . We didn't request him to attend the meeting. CHAIRMAN STRAIN: Okay. If the board doesn't mind, I'll just start asking questions from the book. COMMISSIONER MURRAY: I just want to make one comment on the notes that I made. It seems to me the study to be handed, which whatever study there was, that Mr. Woodruff was supposed to get that at a minimum. CHAIRMAN STRAIN: Staff gave us the study later in the-- COMMISSIONER MURRAY: Is that what it was? Because I know I made a note here and I thought was the key element to the study. Oh, that's it. Okay. I read that. Okay. CHAIRMAN STRAIN: Mac, on page 12 of the study the following sentence -- I'm going to be reading data from the study, just asking your response. Well, first of all, for the record someone said you were on the Collier County property -- Collier Conservation property within this unit? MR. HATCHER: Correct. CHAIRMAN STRAIN: Unit 24, and did you actually see Red Page 198 March 30,2006 Cockaded Woodpeckers, RCWs there? MR. HATCHER: Yeah. We observed one Red Cockaded Woodpecker last Friday morning. CHAIRMAN STRAIN: And that you heard signs of others? MR. HATCHER: Correct, yeah. CHAIRMAN STRAIN: On the top of page 12, it says, Populations of RCW may have been distributed among these recovery units, but were not surveyed. And I'm -- Gaza, this is his language. So he did not -- he was not contracted to survey RCW s, but just their habitat? MR. HATCHER: Correct. He was contracted to survey the 24 sections within the North Belle Meade planning area to identify potential habitats, not to identify specific cavity trees or cluster locations. CHAIRMAN STRAIN: Then he said, However, data has been provided which indicate that populations exist within or near the majority of the recovery units. Do we know if -- what that data is and do we know what the majority of the recovery units he's speaking of are? MR. HATCHER: The recovery units he's speaking of are the areas that were identified in the report as potential habitat. CHAIRMAN STRAIN: Is 24, though, one of the majority that-- that the data provided showing that there were populations within or near those? MR. HATCHER: Yes, it was. We had data from the Game and Freshwater Fish Commission and u.S. Fish and Wildlife Service indicating that there were cavity trees or clusters within that area. CHAIRMAN STRAIN: And within Section 24? MR. HATCHER: Correct. CHAIRMAN STRAIN: Okay. And then it goes on, And, therefore, may exist to the extent allowed by habitat limitations of the recovery units. Page 199 March 30, 2006 Does that mean simply that he checked the vegetation and to the extent the vegetation was viable for that species, they could potentially, then, be on that unit? MR. HATCHER: Correct. CHAIRMAN STRAIN: On page 13 of the same document Gaza says, Field maps were digitized using background aerial photography. In most areas there was sufficient detail to be comfortable with the accuracy of the data transferred. Do you know if Section 24 there was sufficient detail, he says, in most areas in 24? MR. HATCHER: Yes. CHAIRMAN STRAIN: So 24 was-- MR. HATCHER: Section 24 wasn't any different than any of the other areas. CHAIRMAN STRAIN: Okay. Within each of the three recovery units there are large areas designated as potential or active RCW nesting or cavity tree habitats. When he says active, does he have -- did he verify, then, that there was actual species present on the site or that -- just that they could be on the site? MR. HATCHER: He did not verify that -- that the clusters were active at that point in time. CHAIRMAN STRAIN: Okay. Then he says, It is also important to note that only Recovery Units A and B had documented RCW activity specifically within Sections 24, 25 and 36, T 49 South, R26E. Do you know if that documented RCW activity is what? Do you have any idea what he was referring to? MR. HATCHER: He had been a consultant and -- and/or was a consultant for the school board which owned the property in Section 24 at that point in time. CHAIRMAN STRAIN: Okay. So-- MR. HATCHER: He had also served as a consultant for the Page 200 March 30,2006 Hideout Golf Course which is in the section immediately south of Section 24 and includes property in Section 24. So his -- his prior experience as a consultant allowed him to know that there was activity in that area. CHAIRMAN STRAIN: Okay. The rest is Unit C. Those are the last questions I have on the species survey. Basically what it boils down to, then, is that you've witnessed RCW in Section 24. Gaza witnessed RCW in Section 24. And the applicant has acknowledged witnessing RCW -- or not the applicant, but one of the representatives of the land holder have acknowledged seeing RCWs in Section 24. And then also an adjoining area, Hideout Golf Club, RCW s have been acknowledged as being there as well. Is that everything -- is that in order. MR. HATCHER: Yes. CHAIRMAN STRAIN: Okay. Are there any questions of staff at this point? Mr. Kolflat. COMMISSIONER KOLFLA T: Yes. Could you outline for me on this exhibit Section 24 and also the area of the county you said that you inspected? I couldn't -- I can't quite follow it. CHAIRMAN STRAIN: Well, he's going -- he's going to do it in a minute. MR. HATCHER: Okay. The area of Section 24 that we inspected last Friday would include this area. COMMISSIONER KOLFLAT: That was the area that you inspected? MR. HATCHER: Correct. And the -- and the Red Cockaded Woodpecker that we observed was down in this area (indicating). COMMISSIONER KOLFLA T: And then the 24 is a large square section surrounding that? MR. HATCHER: Right. Section 24 includes -- COMMISSIONER KOLFLAT: Right. Page 201 March 30, 2006 MR. HATCHER: -- all of this. CHAIRMAN STRAIN: Okay. COMMISSIONER KOLFLAT: Thank you. MR. HATCHER: It goes all the way down here. CHAIRMAN STRAIN: Are there any other questions of the commission? (N 0 response) CHAIRMAN STRAIN: Thank you. Mac, I appreciate your time. MR. HATCHER: Okay. CHAIRMAN STRAIN: Do we have any other public speakers? MR. YOV ANOVICH: I think the drawing, Mac, I think what you're trying to say is it's the whole black area, is it not? It doesn't stop halfway up? I mean, it's a much bigger area. It's 600 -- a section is 640 acres. He inspected one-tenth, 65 acres. And he is now saying he found one woodpecker on one-tenth of a -- of a section. So, therefore, all 640 acres should be encumbered by the category of sending where -- I think everything he said is there's no current testimony that there are any existing RCW s other than one that he witnessed. Past history is past history. We're talking about what's there today and they were supposed to do a specific study. I think what he said is this land is no different -- this section is no different than all the other sections he looked at. And I think that's what you said. If I misheard it, let me know. Well, then why are -- why is it just Section 24 that is RCW habitat and not everything else? Now, I'm not trying to hurt anybody else. I'm just trying to say -- the point is I think what the county intended is people who owned land in Section 24 came out and said, Listen, we're not RCW habitat. The county said, Go do a study. I don't think they did anything different than what they already had done to determine that it should be -- it should be sending lands. We are more than happy to make our lands available to them to Page 202 March 30, 2006 come do a study. In the meantime, we think it should stay neutral until they do a real study. And if the study shows that there's RCW s there, great. If it doesn't show that, then we -- we should be -- we should remain neutral. And I think that was the intent of what the -- what the board directed. And the study's just not been done other than looking at aerials. CHAIRMAN STRAIN: Okay. Thank you, Richard. I am assuming there's another public speaker. Ms. Payton. MS. PAYTON: Nancy Payton representing the Florida -- Florida Wildlife Federation here to support staff recommendation to designate Section 24 sending land. It was originally transmitted as sending land. The data and analysis has supported that all along. What you heard today from testimony from all sides is that it's RCW habitat. And there's been documentation of seeing and hearing RCW s within the last week in Section 24. And I remind you that this is an issue not of species. This is an issue of protecting habitat. And it doesn't necessarily have to be occupied habitat, but we now know there is a portion of Section 24 that continues to be occupied. Also, the purpose of the sending land designation is to give landowners incentive to restore habitat. So they may not be on all of Section 24, but from the study and staffs work, we know that they-- there are areas within there that can hopefully expand. So we are here again to support the redesignation of Section 24 to sending. And I do believe that staff and the consultant did as they were directed. I was there when the deal was cut back in June of 2002 to do the study to reconfirm whether it was or wasn't sending land or whether it should be neutral land or whether it should be receiving land. The study's come back. It's been with us for three years now. We've also had documentation from the staff, physical sightings. I have a letter from the Fish and Wildlife Service dated in 2002 Page 203 March 30, 2006 that Andy -- Andy Woodruff is copied on that confirms that there are RCW s there that hideout. So I don't understand why this is such a difficult issue. To me it's very clear and the designation is quite appropriate and the data and the analysis supports it now and (inaudible) has supported it. Remember, this is habitat driven, not bird driven. Thank you. CHAIRMAN STRAIN: Thank you. Are there any other questions from the Planning Commission of anybody involved? (N 0 response) CHAIRMAN STRAIN: Is there a conclusion from the Planning Commission members on this particular issue based on -- COMMISSIONER MURRAY: Conclusion? CHAIRMAN STRAIN: Well, if there's any comments involving the language that's in front of us today, either we leave it like it is and support or do we see an overwhelming reason to change it? COMMISSIONER MURRAY: I don't see any reason to change it. CHAIRMAN STRAIN: I think the testimony today has been conclusive in that regard. So as far as I'm concerned, we just leave it as staff has recommended. Hearing that we'll move on. Page -- we went past a couple, so let's go to page 50 and pick up there. Page 51. (N 0 response) CHAIRMAN STRAIN: Fifty-two. (N 0 response) CHAIRMAN STRAIN: Fifty-three. (N 0 response) CHAIRMAN STRAIN: Fifty-four. (N 0 response) CHAIRMAN STRAIN: Fifty-five. Page 204 March 30, 2006 (N 0 response) CHAIRMAN STRAIN: Fifty-six. (No response) CHAIRMAN STRAIN: Then we have a couple of plans. We have the new Future Land Use Map. We have the FLUE Map 13. We have the Bayshore Gateway Triangle Redevelopment Overlay. Mr. Weeks. MR. WEEKS: Excuse me. On Future Land Use Map 13, at your last hearing, the commission asked that we enlarge this map to show the Goodland area so small. Staff did not do that. After going back to the office we've looked at this map and putting it in proper context, it's one of a series of about five or seven maps that depict the entire county. If we zoomed in just on the Goodland area, then we're not going to be showing a portion of the balance of the county. The purpose of this map series is to identify these various properties that are zoned consistent by policy, which, for the most part, means that they're in the zoning re-evaluation program. The properties were allowed to retain their zoning that was -- was and is not consistent with the Future Land Use Map. So staff would -- our position is, we should leave this map as it is so that we're in conjunction with the others to show the entire unincorporated map. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Yeah. I think the only thing that you need to do is label this map with what you cannot see on the map since it is so small. You need to let people know what they're looking at. It just says, Map, FLUE 13. Why couldn't it say Goodland Map? COMMISSIONER SCHIFFER: And, David, couldn't you do that little trick of a little, you know, blow-up of the area of the map and kind of show that? I mean, your point's well taken, but, also, maybe if you just -- you know, much like even the newspaper, they'll show the overall map and put a little box saying and this area is blown Page 205 March 30, 2006 up. COMMISSIONER MURRAY: Goodland in the crosshatch. CHAIRMAN STRAIN: Guys, you've got to be careful. She's trying to take your words, and each one of you are walking over Donna. She started. So finish, David, if you could address Donna's issue and then Brad's will be next. MR. WEEKS: If we do an enlargement, it will -- I understand what you're saying for clarity. But if we do an enlargement of the Goodland area then it's going to be blocking out some other portion of the map. We could place it over the City of Marco Island since we're not depicting any properties there. But the blow up could increase a little bit in size to be a little more legible. I would also point out that these maps are on-line and there is the ability to zoom in, plus we have the full-size three by two feet maps. COMMISSIONER CARON: So all I really want you to do -- my point was just label what it is you're looking at so you'll know whether you want to zoom in on this Map 13 or not. CHAIRMAN STRAIN: I think she wants the word "Goodland" to appear somewhere on the title. I know it's more than Goodland. COMMISSIONER CARON: I mean, you look at it every day. MR. WEEKS: Sure. COMMISSIONER CARON: But the rest of the world doesn't. And three-quarters of this panel didn't know what they were looking at. MR. WEEKS: Right. COMMISSIONER CARON: So if you would put Goodland Map FLUE 13, fine. Everybody would realize what it was. MR. WEEKS: I think it's a matter -- I think it's a matter of seeing the map out of context. Because you're just seeing this one. As a matter of fact, the future land use element you would see, like, five or seven maps. And you would see that they are a series of townships showing two townships at a time with the exception of the one that Page 206 March 30, 2006 shows the bulk of the county and rural land. CHAIRMAN STRAIN: David, if there's a way to clarify it, then maybe that's all you should work towards. If there isn't, then we'll have to accept that and move on. Mr. Schiffer. COMMISSIONER SCHIFFER: David, I can't believe you can't window in and zoom off to the lower right and show Goodland blown up. What would that mess up? What's off there to the right that -- I mean, I can't see anything but white paper. So if there's -- MR. WEEKS: It's additional land within unincorporated Collier County. It has no property that are consistent by policy. But one of the points of the map is to be able to look to see where those properties are located. And if you block some of those areas, then one might assume that there are no identified properties, but it would, nonetheless, be an assumption. CHAIRMAN STRAIN: I guarantee you, if you had included the rest of the maps here, you-all would be saying the same thing about all the series of maps in this FLUE element. And we would be looking at maps bigger than these countertops. So the purpose here is to orientate (sic) people and then you look it up closer either at the county on the books they have there or the zoning maps on the Internet sites which are -- blow this right up to any size you want. Ms. Caron. COMMISSIONER CARON: But, again, all-- all you have to do is -- is put what it is you're looking at in the title here. And you don't have to go any further. And then the map totally makes sense. And probably it needs to be done on a lot of the other maps too. MR. WEEKS : We could do that. We could label them. They'll be township and range because that's what they're depicting. COMMISSIONER CARON: Sure. MR. WEEKS: Townships and ranges for most of the maps. We'll -- we'll do that. Page 207 March 30, 2006 CHAIRMAN STRAIN: Any questions on the Bayshore/Gateway Triangle? (No response) CHAIRMAN STRAIN: The North Belle Meade Overlay? (N 0 response) CHAIRMAN STRAIN: The Collier County Rural and Agricultural Area Assessment Map? (No response) CHAIRMAN STRAIN: Attachment C. Attachment C is just one page. David, the footnote in the bottom goes back to that workforce thing, so if you could just double-check that. And with that, that ends the review of the FLUE. I'd entertain a motion to recommend approval of the FLUE subject to the comments provided by staff and the comments noted by the Planning Commission and staff today. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Motion made by Mr. Murray. Seconded by -- COMMISSIONER ADELSTEIN: I'll second it. CHAIRMAN STRAIN: -- Commissioner Adelstein. Any discussion? (No response) CHAIRMAN STRAIN: All in favor say aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (N 0 response) Page 208 March 30, 2006 CHAIRMAN STRAIN: Thank you. And do you know where Mr. Lorenz went? I'd like to clean up the CCME stuff at this time, then we can move on past that and we only have three elements left. COMMISSIONER SCHIFFER: (Inaudible) CHAIRMAN STRAIN: What? David, if I'm not mistaken, out of all the elements we've gone through, we only have those two paragraphs on the CCME to discuss and then we're cleaned up up until the point we're at which would be the next one, the Golden Gate Area Master Plan. MR. WEEKS: Yes, sir. CHAIRMAN STRAIN: Okay. Ms. Ford, we'll probably break around 4:30 if we're not finished by then or close to it. Bill, I hope you had time to rework the language on paragraphs 1 and 2 on the CCME. MR. LORENZ: Well, half. We got the language of -- oops. CHAIRMAN STRAIN : Well, that isn't it, of course. MR. LORENZ: Paragraph 2 and the integration basically of paragraph 8 into 2 is what you would see there. We would -- we would delete paragraph 8 and we would add the -- simply the phrase, After largest contiguous area possible, comma, which may include connection to off-site preserves. That gives us some flexibility to -- to make the connection off site. And then, of course, the last sentence in this particular policy is more specific criteria. For determining all of that, we have that developed in the Land Development Code regulation. CHAIRMAN STRAIN: I certainly -- is that -- I think that certainly simplifies it, Bill. MR. LORENZ: Okay. For item -- I'm not sure. I don't see where Andy is. For the definition we -- we did not come to a consensus. Let me just -- let me just make a couple of observations. Page 209 March 30, 2006 One is because we're dealing with a definition, we -- we would not understand potentially the unintended consequences would be as we would radically change the definition. And I'll give you an example. The -- the -- the pictures that Bruce showed up on the visualizer, and this is an area that's on the corner of Estey and Airport. And it has fairly substantial pine trees. There's a pine canopy there. The mid story had been removed over time. At one point it was a mixture of some exotics and some natives. The -- the ground cover at the moment may be a mixture of some native grasses and some Bahia -- Bahia grass. If we were to utilize Bruce's definition where it would be -- where -- where you would have to have native in -- in all three of those -- those strata, we could find a situation in that particular site, if that -- that's the whole site, that's how it's vegetated, then there would be no preservation. Because the -- because there would be no defined native vegetation on that site. Now, that -- that would be my concern of changing the definition at this late date. I was trying to work with some language perhaps that -- that we would -- we would keep the definition in that first sentence the way it is and then maybe add a phrase something to the effect of, or will not otherwise remain as retained vegetation on a preserve status as determined by criteria established in the county's land development regulations. The point there is -- is I -- I would certainly recognize that there could be some situations where if we tried to preserve the area, let's -- let's -- let's use those examples for those pictures -- that we had to do something within that -- that preserve area now to maintain that preserve. And it would be virtually impossible to maintain. Or in the course of trying to maintain it, you're going to kill the good native vegetation. Those would be certain circumstances when we would -- we would say no. We don't want to include that in the definition. And that's part of the reason why we have the definition that we Page 210 March 30, 2006 currently do is because if -- if you have 75 percent exotics in the canopy or less, you can remove those exotics even though -- even though you have a fairly open canopy at that point, but it will fill in. And we -- we -- we have seen that, anecdotally we've seen that. We have pictures of those areas that have -- that have worked that way. If -- if we were to have a preserve where we remove some of this -- this vegetation out of, we would still have a viable preserve site. And it provides still for open space. It provides for green space. And over time it will -- it will be managed for a -- a native vegetative community. If -- if -- and that's why I'm saying. Maybe there are certain circumstances where if you can't manage it, then it's going to -- it's going to be able to be viable in the long-term, those would be the set of circumstances I'd want to identify. And I wouldn't want to preserve. But I don't -- but I don't know that. I don't -- I don't have that information at the moment to be able to tell you these are the circumstances. And it may be that those circumstances may even still be somewhat difficult to determine. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: You'll forgive me, Bill, but I have a question nagging me. I -- I know that it was said earlier that we don't enforce -- we don't -- we don't disturb somebody who's out there mowing grass. Yet we've established it or we -- we address it as a preserve area. But if we required them to leave it alone, it would manifest as a preserve. Is it limitation of manpower or is it policy or what that we -- we -- I'm having a hard time appreciating. It's like we've let somebody do something for 20 years and then now we say, oh, no, you can't use that. And it just seems illogical in the way I'm seeing it. Now, maybe I'm not seeing it as being -- MR. LORENZ: Let me clarify a couple of things. One is -- is -- is if we establish -- if we establish a -- an area that's going to be a preserve, it will be managed as a preserve and there won't be -- there Page 211 March 30, 2006 won't be wholesale mowing of it. There may be some requirements in the future for some thinning out or some appropriate management depending upon whether there's listed species present or not. But that would be a preserve management plan. And we'd start out with the current conditions with some initial treatment, whether it's exotics removal or whether it's even in some particular cases -- and I'm kind of looking for Barbara. But as I understand it, there has been some areas where there was sod laid down. They went in. They busted up the sod. And now it's still -- it's working as a viable preserve. So that would be -- that's -- that's -- that's taking -- that's taking an existing condition right now, turning it into a preserve and managing it as a preserve. That's -- that's one condition. I think the condition you're talking about in terms of code enforcement is if -- if someone has -- has had a vegetative community and they have come in and illegally cleared that vegetative community, that becomes a code compliance case. COMMISSIONER MURRAY: Okay. I -- I was only relating to the pictures that were shown earlier and the comment was made that they're out there mowing it. And we know that but, you know, and I just wondered what our position on that is. But it -- you said from here forward you're going to be making sure that -- that that's done. And I don't want to belabor the point. I understand what you're trying to -- what your objective is. I just -- I was -- I'll end it there. Thank you. CHAIRMAN STRAIN: Okay. Bill, let's focus on the first change you're suggesting. That would apply to paragraph 2 on page 15 and paragraph 2 on page 20. And it would be the one on our screen. Does anybody on the panel have any obj ection to seeing that modified? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: You do? COMMISSIONER SCHIFFER: Not objection. But the addition Page 212 March 30, 2006 of the wildlife corridor, would that be important? Why is that -- which may include connection to off-site preserve and, you say, and wildlife corridor or -- MR. LORENZ: Well, there -- there was a point that was made. If you recall, I think Rich had brought it up and maybe Andy as well that within parentheses 4, which would be on page -- COMMISSIONER SCHIFFER: All right. I -- I remember that. MR. LORENZ: -- 16 there -- one of the priorities is already that. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Any other objection? Mr. Tuff. COMMISSIONER TUFF: Not to 2, but what are we going with No. I? CHAIRMAN STRAIN: We're just going to -- we're going to start where he started. Let's get 2 done, then we'll move on to the next one. Anybody else have any problems with 2? (N 0 response) CHAIRMAN STRAIN: The consensus is, then, the language should be changed as recommended in 2. Now, let's go to 1. We have two trains of thought. One of them is leaving 1 as staffs presented it today as the policy exists today. The second is to change some definitional rewrite of the policy to include references to underscoring ground cover. Ms. Caron. COMMISSIONER CARON: I think the policy's been working as it's stated here and I see no reason to change it at this point. CHAIRMAN STRAIN: Any other comments from staff -- from the Planning Commission? Mr. Tuff. COMMISSIONER TUFF: Yes. I hear that it sounds like it's not working. And I guess I hate causing more damage by government Page 213 March 30, 2006 messing stuffup. I don't know. I'm in fear of that in this case. And if we just add those words that he asked for, it still allows a lot of latitude until this line development code that was in -- that's No.2 comes on. There's nothing there and they can clarify that later. But in the meantime you're causing severe damage to -- possibly to some people until things are -- MS. BURGESON: I'm sorry. May I comment on that? I asked Bruce Anderson out in the hallway -- CHAIRMAN STRAIN: State your name for the record. MS. BURGESON: Oh, I'm sorry. Barbara Burgeson with Environmental Services. I asked Bruce if there were any other examples or if this were the specific case that he had issues and problems with. And he could not come up with any other examples for problems. And in this one specific case, we did make an exception to exclude those areas that are pointed out. So we did come to a reduction of over two acres of native vegetation on this one particular site to exclude those areas that were open and weren't forested. But he could not give me an example of another site that this would apply to. CHAIRMAN STRAIN: Mr. Weeks. MR. WEEKS: Mr. Chairman, I just want to point out something here. I think you-all are -- I don't want to be insulting to anyone, not you-all or any of the speakers that were here this morning -- I think you're smart enough to know that sometimes people are standing before you and they're representing a particular proj ect. And I want to caution you to remember that you're talking about policies that have broad applicability. The particular site that's been discussed and those pictures before this very pending rezoning application, that's under county review at the present. CHAIRMAN STRAIN: Thank you, David, for that reminder. MS. BURGESON: Also as discussed out in hallway, it appears Page 214 March 30, 2006 that the Lee County definition is very similar to what we've got in our current GMP language. And so if we were going to look at changing it, I would want to probably talk to other counties and see how they're utilizing it. But they utilize the same similar -- similar definition. CHAIRMAN STRAIN: I'm not sure we have to go there, Barbara, so let's just see where we stand first. Is there any -- what's the consensus? Mr. Schiffer. COMMISSIONER SCHIFFER: Well, I support it. CHAIRMAN STRAIN: For what? COMMISSIONER SCHIFFER: The way it's worded originally without any change. CHAIRMAN STRAIN: And Donna you do? COMMISSIONER CARON: Same here. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: The way it is? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: So do I. COMMISSIONER ADELSTEIN: So do I. COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Mr. Adelstein, Mr. Murray, Mr. Tuff? COMMISSIONER TUFF: I'll stay with where I'm at. CHAIRMAN STRAIN: Okay. So it looks like the consensus is by majority that the language stays as staffs presented it. And that's the last -- oh, no. It's not the last issue. One thing I forgot to do. We all received an e-mail from the Audubon of Florida. There were some suggestions on the e-mail. I don't know if those of you who read it, but he suggested adding some language on Policy 623. By the way, this language has been reviewed by staff and I understand there's no objections to it. I know that at least one of the members of the public that was here reviewed it and Page 215 March 30, 2006 he also -- it was Mr. Mulhere, and he didn't express any objections to it. So let's look at 623. And the language being added would be on page 25 and would be after the middle of the first paragraph, the left side line starts with, Use district. It's actually part of the words "mixed-use district." And at that point the Audubon's suggesting add the language, or land, slash, easement acquisition or innovative landowner incentives. I understand staff has no problem with this language, David, is that -- or Bill? MR. LORENZ: Yes. I -- I've reviewed. I'm trying to bring up the screen, but I can't. I looked at it and it looks okay to me. It's one of those items where I'm not sure it's really necessary, but -- but -- but certainly it -- those are the types of things we would be looking at in the watershed manager plans and those kinds of strategies. CHAIRMAN STRAIN: Okay. And the same policy as you move down on the page. Actually, it's on page 27. There's Bullets 1, 2, 3, 4 and 5. There have been two suggested additions to the bullets. Bullet 6 would read, Land or easement acquisition. And Bullet 7 would read, Landowner incentive such as transferable development rights, tax relief and USDA grants for restoration. Again, I understand, Bill, your department has no objection to these? MR. LORENZ: That's correct. CHAIRMAN STRAIN: And I don't know of any that I've heard. Does anybody on this committee have any objection. COMMISSIONER TUFF: Well, just -- COMMISSIONER MURRAY: Which one of them? CHAIRMAN STRAIN: Go ahead, Mr. Tuff. COMMISSIONER TUFF: Just the first one. He said he doesn't see a benefit to adding it, then I don't believe we should add it. Now, the second one he didn't weigh in whether -- well, the first one didn't Page 216 March 30, 2006 sound like it would be helpful, but he didn't have a problem with it. And there's a big difference to me. Same with the six and the seven, is that helpful or is that really doesn't matter? Because then we just have more words. What we've been trying to eliminate is verbiage and wordage and confusion and so I'd hate to add them if it's not necessary either. CHAIRMAN STRAIN: Well, I think on the first one, while it isn't needed, it does help someone reading it understand that there are other elements out there they can do besides what's listed. So that's why I thought any clarification, as confusing as an element as this whole thing is, it may well enough be okay. I didn't have an objection to it. Mr. Murray. COMMISSIONER MURRAY: Yeah. Are you finished? MR. LORENZ: I just didn't hear him say that. CHAIRMAN STRAIN: Well, he hasn't -- he hasn't finished. Bill hasn't finished responding on -- on six and seven. My thought was the same thing. But, Bill, you want to respond to Mr. Tuffs concerns? MR. LORENZ: Well-- well, I mean, the way -- the way I characterize it is a lot of times we can add clarifying language that for me is -- is -- I'm already -- it doesn't clarify it for me, but if it clarifies it for others and then that's important to put it in. So, I mean, that's -- that's -- that's really the position that I'm coming from. COMMISSIONER MURRAY: And then-- CHAIRMAN STRAIN: Well, just let Mr. Tuff finish. COMMISSIONER TUFF: Well, the reason I bring it up is because last time he had suggested to us that we change that wording from benefits where before it said, does not cause damage. And, then, so he just let it go with the flow. And we all changed our minds and now we're back before putting it back to what it was before. And I'd just like to make sure that he's comfortable and I'm not hearing thato Page 217 March 30, 2006 yet, I guess. But it was okay. If we're adding verbiage and confusion, I'm thinking we are, but that's just my opinion. CHAIRMAN STRAIN: Well, I mean, if you have a strong obj ection to it, Russell, you need to get it on the -- on the record. I mean, to me it's not an issue that warrants a strong objection from me, but it may from you or somebody else. That's what we're here to talk about, so. Mr. Murray. COMMISSIONER MURRAY: Just in that same thing under No. 7. I think I know what a TDR is and I think I can understand USDA grant tax relief, what kind of tax relief would be contemplated or potential there. Is that enough to qualify by saying -- MR. LORENZ: I know that the -- one of the subcommittees for the habitat conservation plan is looking at a possible alternative for -- for protection of RCW s with regard to if you put -- put your property into some type of conservation easement status, that they may want to be looking to go to the Board of County Commissioners to say that that -- that that has a tax relief value. And if the board were to agree -- approve that, that would be an example of a tax relief. COMMISSIONER MURRAY: Okay. MR. LORENZ: But that's still in the -- that's still very much in the kind of the talking stages at the moment. COMMISSIONER MURRAY: Okay. Thank you. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Then I would think that something that's just in the talking stages should not be in here now. COMMISSIONER ADELSTEIN: That's correct. COMMISSIONER CARON: So I would limit it to transfer-- development rights we already have that and grants for restoration. Those are probably available, government grants. MR. LORENZ: Correct. They would be available. COMMISSIONER CARON: So they are done and they're Page 218 March 30, 2006 available. So I would just suggest we take out tax relief at this point. CHAIRMAN STRAIN: I think staff has indicated -- I don't think it's a big concern either way. If that's the way it needs to go, that's fine. Mr. Schiffer. COMMISSIONER SCHIFFER: Just a comment. The Growth Management Plan is the first place something should show up and then the talking stage. I see no problem with it in there as to leave them that that's something that's acceptable for the GMP. MR. LORENZ: My -- my -- my -- the way I'm reading it, it's not -- it doesn't bind us to do that as a mechanism. It's an example of a mechanism to consider. And when we are -- yeah, I mean, at some level there is some consideration on it. CHAIRMAN STRAIN: Well-- COMMISSIONER MURRAY: Tax relief is a plausibility. It's not just a word. CHAIRMAN STRAIN: Does it do any damage to leave it in? COMMISSIONER MURRAY: I think not. MR. LORENZ: I don't see where it does any damage to leave it In. CHAIRMAN STRAIN: Okay. Mr. Kolflat. COMMISSIONER KOLFLA T: Yes. Although he just mentioned that he could clarify and understand it without any further question -- excuse me -- obviously, somebody had to question that sentence, this notification, that they prefer this in there. So if it makes it more clear for someone else, I think it ought to stay in or be put in. CHAIRMAN STRAIN: Okay. Well, then, let's make sure that we're all in some kind of format for staff to know. As far as the first one that was suggested under 623 adding the words, or land easement acquisition or innovative landowner incentives, is it the consensus of the board to let that go forward? (Indicating) Page 219 March 30, 2006 COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Except for Mr. Tuffwho says no. On the second one, adding two Bullets 6 and 7. Six would say, land or easement acquisition. Seven would say, Landowner incentives, such as transferable development rights, tax relief or USDA grants for restoration. Is there any concerns leaving that in? None? Mr. Tuff, you're okay with that one? COMMISSIONER TUFF: (Indicating) CHAIRMAN STRAIN: Okay. So those two stay. And the very last one is and it's on Policy 627 which starts on page 29 and ends on page 30. And where it ends on No.4 there would be a new number, No.5. Number 5 would read, simultaneous with each watershed management plan completion, Collier County shall develop and implement additional means to protect wetland systems identified in each plan for preservation -- preservation or restoration. Means to consider include innovative landowner incentives, transferable -- transferable development rights, tax relief, land or easement acquisition, state and federal grants and enhanced regulations. That's a suggestion under that particular policy. Are there any comments from the panel? COMMISSIONER MURRAY: I think it's a positive thing. CHAIRMAN STRAIN: Okay. Mr. Lorenz, did you have any concerns with it? MR. LORENZ: No. I have -- I have no concerns. Similar discussion, I think that as we would be developing a watershed management plan, that's the type of process or things that we would consider, so I would see that would unfold naturally to look at those. CHAIRMAN STRAIN: My only concern was that it says simultaneous with the watershed management plans. And I think with knowing our process to get through amendments and things, we ought Page 220 March 30, 2006 to look at within one year of -- of an adoption or acceptance, whatever the watershed management plan would have to go through by the BCC, then we would look at adopting language. Because I'm assuring the implementation's going to be the LDC. Yeah, so -- COMMISSIONER MURRAY: Development. CHAIRMAN STRAIN: Would -- does that sound reasonable to staff or do you see that as not being necessary? MR. LORENZ: I think that would be reasonable. I think some of it would be -- some of it would not be LDC related, but some of it could be. So in that sense, then, probably the phasing language would be most helpful. CHAIRMAN STRAIN: Is the watershed management plan something that's got to be adopted by the board or accepted by the board or what's the process there? Because this just says watershed management plan completion. That could be the day the designer puts the last dot on the plan. We need to peg that a little bit better if this is to be accurately applied. MR. LORENZ: Typically and, of course, watershed planning effort is going to be, I believe, the lead is the stormwater department, so I'm kind of speaking for them. But typically whenever we would do a -- a -- an effort such as this, we would be taking it to the Board of County Commissioners for them to accept the report. And the acceptance of the report at that particular point then gives staff direction to take care of whatever the implementation steps would -- would be in the report or that which the board accepts. That would be appropriate. CHAIRMAN STRAIN: So the first line cleaned up would most likely read, within one year of acceptance of each watershed management plan, comma, then Collier County shall develop and implement additional means, et cetera. Does that work? Are there any comments from the Planning Commission in regards to this issue? Page 221 March 30, 2006 (N 0 response) CHAIRMAN STRAIN: Is there a consensus that this is acceptable, then? Okay. Anybody opposed? COMMISSIONER MURRAY : Well, just a minute -- CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: -- please, if you would. Within one year, so if somebody starts late, does that -- what is the impact on you, if any, if -- if they were to start quite late? Does that hold up your process? Do you have an issue, then, that hangs for you? MR. LORENZ: When you say they will start late, meaning? COMMISSIONER MURRAY: Well, late, he says within one year. Somebody could start the 11 th month and does that impact on you to slow you down or -- or impact in any way? I just want to find out if it's impacted. If it's not, then I'm fine with the language. MR. LORENZ: We would be working always towards meeting that -- that -- that time line. So I'm -- I'm -- I'm okay with the language. It's typically the way we set the language up for other types of implementation -- COMMISSIONER MURRAY: That's fine. That's all I wanted to know. MR. LORENZ: -- mechanisms. COMMISSIONER MURRAY: Fine. Thank you. CHAIRMAN STRAIN: Okay. Consensus then, David, you understand? MR. WEEKS: Yes. CHAIRMAN STRAIN: Okay. Do we have a motion? First of all, I believe we're done with all the cleanup of the CCME that you were asked to bring back. MR. WEEKS: Right. CHAIRMAN STRAIN: So with that is there a motion to approve the CCME subj ect with -- to the staff changes that were supplied to us as well as the discussions that resulted in changes Page 222 March 30, 2006 during this meeting today? COMMISSIONER MURRAY: Sure. CHAIRMAN STRAIN: Sure. Sure means -- COMMISSIONER MURRAY: Sure means I'll make the motion. CHAIRMAN STRAIN: Mr. Murray so moves. COMMISSIONER SCHIFFER: And I'll sure too. CHAIRMAN STRAIN: And Mr. Schiffer seconds the motion. Is there any further discussion of the CCME? (N 0 response) CHAIRMAN STRAIN: Hearing none, all those in favor signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (N 0 response) CHAIRMAN STRAIN: No one's opposed. COMMISSIONER SCHIFFER: Mr. Chairman, I'm going to leave now. Thank you. CHAIRMAN STRAIN: Good day, sir. COMMISSIONER SCHIFFER: Good job. (Commissioner Schiffer leaves meeting) CHAIRMAN STRAIN: By the way, for the record and I just recalled this on the FLUE and I will provide a copy of this to Ms. Ford as the custodian of the record. When the FLUE was approved, just we voted on it a little while ago, I had previously stated in another meeting that I had to abstain from the vote because of a -- maybe a perceived conflict. I work for a Page 223 March 30, 2006 company that would be affected by language on page 42 and 43 of the EAR Amendment, FLUE Section D-2 A, G and B, neutral lands. And the reason for that is it references a project called Fiddler's Creek which I am involved with. I have my abstention here and I'll provide that to the court reporter when I leave today. MS. STUDENT-STIRLING: Thank you. CHAIRMAN STRAIN: Now, let's move on to the Golden Gate Area Master Plan. Ms. Ford-- MR. WEEKS: Excuse me, Mr. Chairman. CHAIRMAN STRAIN: Yes, sir. MR. WEEKS: There actually was one more item. Not on the CCME, but it goes back to the FLUE. It goes back to Mr. Bob Krasowski had spoken about energy conservation measures when we were discussing the housing element. CHAIRMAN STRAIN: Good point. MR. WEEKS: And I think we discussed instead. It should be in the future land use element. Staffs position -- Randy and I discussed this briefly during the lunch break. And our position still simply is not an EAR-based amendment. So if the CCPC would like to make a recommendation, we could take that to the board, but not as specific policy language, but as a separate recommendation to them that -- that the county explore the, I guess, the feasibility, the appropriateness of requiring conservation -- energy conservation measures for all new construction. CHAIRMAN STRAIN: Why would it -- we have so many things that have influenced -- that are being influenced by this EAR. Why would not that be an element -- an item that we could add to the -- that applies the policy? MR. WEEKS: Just don't know that there's a link in the EAR in any -- any discussion of a policy or -- or concept or an issue that was discussed in EAR that pertains to energy conservation. Page 224 March 30, 2006 CHAIRMAN STRAIN: Well-- MR. WEEKS: It's quite a different animal. We really don't have any -- any existing objectives or goals or policies that pertain to that subject matter. Again, not to suggest it's not something that warrants that exploration, but it's just outside the scope of this process. CHAIRMAN STRAIN: Well, if it's the consensus of the members of this panel, could we at least highlight that as a significant issue that needs to be addressed in the GMP at -- at some point, whether that element fits in or however it fits? MR. WEEKS: Absolutely. CHAIRMAN STRAIN: I think that with all the environmental conservation energy needed issues nowadays, we could really lead the charge and produce a very good document if somebody was willing to look at it hard. MR. WEEKS: Absolutely. Similar to the discussion about the public utilities having an advisory -- CHAIRMAN STRAIN: Yes. COMMISSIONER CARON: Yes. MR. WEEKS: -- committee. Outside the scope, but, nonetheless, we'll take it to the board at the same time. CHAIRMAN STRAIN: Is that the consensus of the members? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Okay. COMMISSIONER CARON: I think that's really an important Issue. CHAIRMAN STRAIN: Ms. Ford, I'm not sure if we've got 15 minutes or an hour and a half or an hour. Do you want us to take a break now or do you want us to try to blow through it? THE COURT REPORTER: Blow through. CHAIRMAN STRAIN: Great. Okay. Golden Gate Area Master Plan, page 1. (N 0 response) Page 225 March 30, 2006 CHAIRMAN STRAIN: Page 2. (N 0 response) CHAIRMAN STRAIN: Page 3. (N 0 response) CHAIRMAN STRAIN: Page 4. (No response) CHAIRMAN STRAIN: Page 5. (N 0 response) CHAIRMAN STRAIN: Page 6. Mr. Weeks. MR. WEEKS: My apologies. Back on page 3. CHAIRMAN STRAIN: You are not turning your pages after all this. MR. WEEKS: I was writing a note. On Policy 1.3.1 there's some language struck through that staff would ask that -- that we keep. I think it's important. The next to the last line after the word "regulating" beginning with the word "to" all the way to the end of that sentence should remain in place. CHAIRMAN STRAIN: Okay. I don't -- I don't think it hurts anything. We've got to do that anyway. Any concerns? (N 0 response) CHAIRMAN STRAIN: Hearing none, we'll move on. We're on page -- David, we're up to page 6. Are you good up to there? MR. WEEKS: I'm with you, sir. CHAIRMAN STRAIN: Okay. Page 7. (N 0 response) CHAIRMAN STRAIN: Page 8. (N 0 response) CHAIRMAN STRAIN: Page 9. (No response) CHAIRMAN STRAIN: Page 10. (N 0 response) CHAIRMAN STRAIN: Page 11. Page 226 March 30, 2006 (N 0 response) CHAIRMAN STRAIN: Page 12. (N 0 response) CHAIRMAN STRAIN: Page 13. (No response) CHAIRMAN STRAIN: Page 14. (N 0 response) CHAIRMAN STRAIN: Page 15. (No response) CHAIRMAN STRAIN: Page 16. MR. WEEKS: Mr. Chairman. CHAIRMAN STRAIN: Yes, sir. MR. WEEKS: To be consistent with the earlier discussion on the CCME, there's about three different places in the Golden Gate Master Plan that make reference to the drainage and stormwater management and preserve areas and that term "benefit" is used. I'm assuming you'd want the similar language. There's no adverse impact. CHAIRMAN STRAIN: Thank you for pointing it out. MR. WEEKS: And it appears on 16 and 17. CHAIRMAN STRAIN: Absolutely. Yes, sir. CHAIRMAN STRAIN: Page 17. (N 0 response) CHAIRMAN STRAIN: Page 18. (N 0 response) CHAIRMAN STRAIN: Page 19. (N 0 response) CHAIRMAN STRAIN: Page 20. (N 0 response) CHAIRMAN STRAIN: Page 21. (N 0 response) CHAIRMAN STRAIN: And then the Future Land Use Map. Okay. Is there a motion to recommend approval of the Golden Page 227 March 30, 2006 Gate Area Master Plan subject -- subject to the changes presented by staff and discussion resulting in today's meeting? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. COMMISSIONER TUFF: (Indicating) CHAIRMAN STRAIN: Seconded by Commissioner Tuff. Any discussion? (N 0 response) CHAIRMAN STRAIN: All in favor signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: We've already done the Immokalee Area Master Plan so now we need to move to the Marco Island Area Master Plan which there isn't any. So, Ms. Ford, you did a good call. We only have the economic element which is one page. COMMISSIONER MURRAY: There isn't anything in that because it was removed. CHAIRMAN STRAIN: Right. Do anybody -- does anybody have any comments on the economic element? (N 0 response) CHAIRMAN STRAIN: Hearing none I'll ask for motion to recommend approval of the economic element with the changes presented by staff here today. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion made by Commissioner Page 228 March 30, 2006 Adelstein, seconded by Commissioner Murray. All those in favor signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Ms. Student, did you have an issue? MS. STUDENT-STIRLING: Yeah. On the Marco Island Master Plan, I know there's nothing in there, but it's a total deletion of it. So it probably would be appropriate to vote for the total deletion. COMMISSIONER MURRAY: I move to delete it. MS. STUDENT-STIRLING: I'm sorry. CHAIRMAN STRAIN: Marco -- okay. MS. STUDENT-STIRLING: The myth. CHAIRMAN STRAIN: Okay. There's a motion made to delete the Marco Island Master Plan by Commissioner Murray. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Seconded by Commissioner Adelstein. Is there discussion? (No response) CHAIRMAN STRAIN: Okay. Hearing none, all those in favor signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Marco Island Master Plan is deleted. Now, that concludes this meeting. Before we adjourn I have a Page 229 March 30, 2006 statement to make to Mr. Cohen and Mr. Weeks. I want to thank both of you for the organization that you did to get this through the last five days. It was one of the best presentations. Staff acted very professionally, very responsive and I want everybody to know that you did an absolute excellent job on this. You worked us through it and I certainly do appreciate your efforts put out here today. So thank you very much. MR. WEEKS: Thank you. And, Commissioner, you collectively put in an extraordinary amount of time and we likewise appreciate it especially because we're -- we're getting paid, but you're not. We appreciate that. CHAIRMAN STRAIN: Well, we're all living here so I think we all got something coming out of this. COMMISSIONER MURRAY: For the love of it. CHAIRMAN STRAIN: And with that, the meeting will be adjourned. COMMISSIONER ADELSTEIN: Move to adjourn. CHAIRMAN STRAIN: Oh, move to adjourn. Who's got to do that, me or you? COMMISSIONER ADELSTEIN: You do it. CHAIRMAN STRAIN: Good. I move to adjourn the meeting. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Done. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:40 p.m. Page 230 March 30, 2006 COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC., BY CHERIE NOTTINGHAM AND CAROLYN J. FORD, RPR. Page 231 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COONTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS AST NAME-FIRST NAME-MIDDLE NAME 'S T~ r";'\.,J V\/\ 0.. f' \l_ (J it-ILlNG ADD~ESS " r ) "" -1 <) .- ~ 1\,-,4.... /\J~.\ HY, :\j ".) \.)La iA TE ON WHICH VOTE OCCURRED "/) -- 'I/i - C &~ .. .~ COUNTY {~C NAME OF BOARD. COUNCIl, COMMISSION, AUTHORITY, OR COMMIiTEE C. Cy C THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMIiTEE ON WHICH I SERVE IS A UNIT OF: . . . o CITY COUIIfTY 0 OTHER lOCAL AGENCY NAME OF POLITICAl SUBDMSION: C~O \ .'e/Vh_=- (c MY POSITION IS: o ElECTIVE APPOINTIVE WHO MUST FILE FORM 88 This fon'n Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, eouncit, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending In whether you hold an elective or appointive position. For this reason, please pay close attention-to the instrUctionsuon this form before .:ompleting the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION .112.3143, FLORIDA STATUTES.'- A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or apPQin~~dlocal officer also Is prohibited from KnowingIYVo!i,r1g~name~- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is ret~l.ined (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; 01 to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 oJ 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in tha capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a busines: enterprise with the officer as a partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the corporatiol are not listed on any national or regional s~ock exchange). ' . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which yo are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the mil utes of the meeting, who should Incorporate the form in the minutes. . . . . APPOINTED OFFICERS: Although youmust a.bstain from voting in the situations described above, you otherwise may participate In these matters. However, yc must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing' and whether mal byyou or at your direction. IF yOU INTEND TO MAKE ANY A:ITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL f TAKEN: . You must cO(Tlplete and file this form (before making any attempt to influence the decision) with the person responsible for recording t minutes of the meeting, who will incorporate the form in the mioutes. (Continued on other side) _..,...~ .' ~."""""~-""""_,-",,,,,,---'''''''''~'''"'''.'''''';-''''-~...,,- APPOINTED OFFICERS:(contimtedl . . A copy of the form1:nustbe.pr~~Jy::ro the other' members of the agency. -.. thdDrm~~~__<"~unge"thEfform is filed.. 1T~'~-._"_~,,, ~_ ~ 1"HEOECtSleNEXCEPT BY DISCUSSION AT Tt<<: ~~ING: .. lb.... ." 'F'L'~ . '1I.~tlHr "'~t'.tbemeasure befoteparticipati/'lg. .YOU-mef' N,""'l"~ and'fleJt WIIia;1!;i(faYS:~1ter1h&vote <lCCUts with the persOn'fespiJnslble fcir recording the minutes otfhe. ''''E'!IIiQs. ~~thefOlTn'iIiNfnihtites;A~ of the fottn must be provided ~t~to the other members of the ~.ntJ""otm must-beteaii ~.Ufle:ftmmeerU1g after the fOrm is filed. . '.j f ~fjSlJRE:OrlOCAL OFFICER'S lNTEfU:ST . t.. . ..I\\'~.z. i'- ~) i'l2-rt-) .''0 . . "'-- . '.r. ',~disclosethat on c~ - /:, ()) .,. c_occ .,1-9-_= -liI) A1R8BSu1!tcrame orlWill1::oneb!libiemy ~hic:h (cheek one) _ inured tC).my speQal~~u...ttlss; --_~d1D_ speCiatgain.or-1la<<'my"tnlsi:mss.associate, inaledlo".~~4f1c:ss~.n\y relative, ....-..~~.<<.GSSOf whomtlllnH!ftalfre4;'<< -X jnuedJD_~'I~"___ll l.rvv ~\- . i~ ~t . ~. 1~"0ly::) 0\'- l..-.o, )-'(\..:.cv~\' Qi) is thepareJ:ft~ion or subsidiary of. principal whiCh hasrelained me. ,(0) i'hea....IJfIlH -Jf4i\getll.V.' the"'ahateof my cOnf1ic'titJg interest in the measlire is as rolJows: . - , . by ,which ,-: ....tL..~ - . 9. '4..2 t-.p. ~i:3 c.\ :::-'>.i.:... "i\~V1..0 rh",-_ v\_.\ ') '-, ,;<-d, l) I'~ (\'\ f.:':, ,'j : ,J ,..\., ,). y ~."-..X- \1\ \ " <"", i , .~U\,r , . h.. ,.', \ \ ( .\. U (; (J._>....( \j", \'\~)',J (j L>--- y;.> ., \., ,. . '..' ~ I' l" '-"....... j \ -.:(_.1.:.._ \)),J \._\-1(.'\ .V-e. '.. <-,.~) ," t L>, Lv \;'-_1' ~ A c::: ~"-'\.. . ~-(i-t>~ OateRed \ .l' ( cu-L ( ?j.j~c___ SigntHure \ NOTICE: UNOeRPROVlStONS OF FlOAJOA STAlU~ sn:2.3n, A FAILUFtf! TO MAKe ANY ReaUlPU!OD'$t::U)$,UFUE OONSTrrUTES GROUNDS fOR AND MAV 8E "OMSHEO BY ONE OR MORE OF tHE FOLlow/N~: IMPSAOHMltNf. REMOVAl OR SUSPENSION FROM OmOH OR IiMPU3YMENT, DEMOTION, REDUCTION IN SAtAAV. ASPR/MAND, 'OA A CIVJL PEHALTYNOTToEXcreO$10~oOO.., ., , CE FORM as. REV.wa .! . pAGe 2 - COLLIER COUNTY GROWTH MANAGEMENT PLAN 2006 EAR - Based Amendments CCPC HEARING MARCH 30, 2006 BCC HEARING APRIL 18 & APRIL 26, 2006 Capital Improvement Element 3-23-06 PLE4Jb NOTE: STAFF HAJ ~ADDED COMlviEN7>iRY AND DJRbCTIOl\J /IN BRACKETS) TO THIS CCYCRBCO/VLJ\;lENDEL) [ ERJ'JON OF' Tf lI.~ ELEMENT THESE STAFF ENTRIES ARE NOT TO BE CON51DEREf) PARTS OF THE nOel IALENT ITSELF CAPITAL IMPROVEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: [Renumbered text, page 2] TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1.1 (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): [Revised text, page 2] Identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are is needed in order to achieve and maintain the standards. Policy 1.1.1: [Renumbered and revised text, page 2] The County shall establish standards for levels of service for two categories of public facilities, as follows: Category ,A... p E.ublic facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. The standards for levels of service of Category ,\ County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of Category ^ public facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. Category B public facilities are facilities for the County's library, jail, and emergency medical services. The standards for le';els of service of Category B public facilities shall apply to the Count)"s annual budget, but not apply to deyelopment orders issued by the County. Public facilities shall include land, structures, the initial furnishings and equipment (including ambulances, fire apparatus, and library collection materials), design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. Words underlined are added; words ctruok through are deleted. Words double~_e9 in red are added, and words double 9tr~E;ik ti;:trr;,lIolf!lA in red are deleted - both since 2-23-06 version. 1 Capital Improvement Element 3-23-06 Policy 1.1.2: [Renumbered and revised text, page 3] The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D) - 1. Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. B. A. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. The Board of County Commissioners will review all rezone requests, SRA designation applications, conditional use petitions. and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County-Wide density or intensity of permissible development with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall roadway system. The Board County Commission shall not approve any such rezone request, SRA designation, conditional use petition, or FLUE amendment. #ii# ~~.hicU significantly impacts either: (1) a deficient roadway segment; \'tF=t_1) the BEBn-~r..::Jlt-4'..l~ .[ec)flomic afJd- RU:,lfJ€',; Hc,c~\rl:h at lfi;:-t'Ri'.cr.;il-y-tJf 4-4()rjtktt=~;h f#f+;C: ~i~ f~ttc p~JfHtlati()n PtUI~~tJl1n"throll;;h the ti'.eJL::u, cf the tlfttttt:lIly upd:u*,~~ lmprc ',C m~nt Plan (tfiWll :.:tl.:::L.:n ',E:aLLU'_-1~Jttlbie ','. ~Llel'-.:~tHic~~~-WE__,~~..~-!' .U!0~, on :1 ~~lj19LnU;IY-+'I-J.U.m.; ~--=;1nd t!:t~~).(/ of the REBR-4i-gh r:Jn~:~ ~r:1'.'.th ;~~~4#F'+h2 ','ariH012 -'-4.}", lmk;; one-~th~: fcl!(t~~~ ,j I-:llt I lane OU:; I J' () ~'ntr. ;'- l2J..Jll\.'_~~~-~gb1~~\'Ln1lli~1 j alLQr:Lb.fLiCJL~JDutl ~JJ!.~.ji~~t~m~iJl !;c u I1Q.!Ir:r:~~2I~L!l~~iu~"~Kc_~-':_(J.hL.'I~c.~LIllt:~UuL~_L.'J:;-,Xt,:,=l)f~.f tC)L" i~La.LBj::13BJJJiglLJ;-,! Q~\; gro \ v t I t_X.iH Cj~)2-LlI(Ui1l11=PIJll~,L.'lh~j]j-JlWJl,.LglL _tb~~h\C:.J~.ilb".kLrJh~ltLlll!JgllL1!lJ.1I;.1J.c:g Ci!ni t 'lllLUDIk) \,CIILcrU ,j~J.-'ML.. ..VI 1. J,t. L.'.~lIJtiJl~J.~) II ~b.. J~lJliJl~_b ,t~i~,.ituslJl~ 1l9j~-...~lLlJJ(:' Q~I~U~_l1.Lgll=W U~.,:. .~ IJ2,\I,JlI):i.lLCjl(\El!.l,tt 11UUJ!.e::IS.,-U't~k..1QJ .flll...lliLbJi~~j':1_~ili1i~~~~\~~Dl Q(,2.l"tb Ie _\Yjl~Lil.mL~lli lat\_~ "'-'\\.J.:x..lilllI1l:"'_'l:.l!riJb 1 c c_'l>'.. 1.1 ale S~i2l.lL!..lLIIJ~....b,-'llJ.\Y E_____"_____..._....____n__m_________._n________..._ '_.__.._____.'. ___.' ._....__,_.._.___.._..___ _,,,___.... '__'._"__'.'__M _ __ _. _ _ ._. _.. ..__.._._______________________ ______ ,_ __ 1.11 f'ee__ i t ~I~l' ."~ ilJ.l.Ul1illJ~~~~l SI.\.JLC()J)'?~JH~=,Qj.~..tb~.....11f~1 t~d1.~lJ:ll.tI (tliErJ~.1'4".~1~Jd J..l1,~!J. ..JI1.<:: f3J;:~B.~bj~lu~!}~~,gU)\"_HL.rm~l2.kLP~Ilj!Li(l!.Lm1L~~J LV ns..1J)JV.llglLLlI~Jil8..lt'Jl...~~ijL"'=I,)lJ ~U: lLUliJJIJ.l.lJl..,IX.JJ)]1 iI~ .b~.i.':'L"".( I uti . .1-L1,\.:JJ lll~.~nJ-'.ulg,-'. )l.L t!.L'.:. .!)lt~dj il OJ.. (llJ.li .llUJl ..1~lJJ~ gt.ll~tb...Elt~.J.~!.d.fl.~ll}JJ..JllJ. '~~lJl~)JJ~lJJ l~~..~(!it~J.:,.J()J.lillJHhL~.)\i.lL~l_(l!1d. .~f.U.!it~l.rX~s'\,;Y~~J' facilities. for thL.'....unabkJ2.~ cwless Jlll~Jl.Ltlte b.~L,mJ1:w;:,c ilt;'J.llS ~'Jlllllllaflcull"l\' _______ __ ._._ 'On _ _. _.' ..__ ..."_......._ M '._.____.u._____ ..__.____.____'_ .. __._.___._.__..__.....___..___~_._...__.___.__~.__."._,_,. ._..--..__....._..___.__._.'___._n_ Q c cJJr.~.; (,\'7AFF (;FNh.RATFn NY IVk!f! f-Of( ('fARff'f(AII(}i\'! Words underlined are added; words otrLJok through are deleted. Words double 1,JL1d~l.!ill.~ in red are added, and words double strbJE;ik through in red are deleted - both since 2-23-06 version. 2 Capital Improvement Element 3-23-06 1. Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; 2, The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; 3. The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element. C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased County-Wide population greater than 3% of the wei!!hted population projections for parks, solid waste, ?:ater. ::e';:0r, and drainage facilities, greater than 3 tic, _of oeak oooulatiof! estimates _ and oroiections a~lainedlq S~ction B above forpotable water and sanitary sewer facilities, or as generating a volume of traffic equal to or greater than 3% of the adopted LOS standard service volume of an impacted roadway. {CCN QUESTIONED ill, FlGURF fF VAI1f) WHFN USfNC; Wt:/GH7'ED' POPUlATION F1GURFS CLAR/flED ;\CCORDINGlY BY INSFRTlNG MOREACCURA TE' Rf'FERENCES' TO THE DIFFERENT IDS S7ANDARDS{ D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to all limits limitations and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2, Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b, the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section Band D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such Words underlined are added; words struok t1ueblgh are deleted. Words double l~Xlg~.J:I!rl~j in red are added, and words double €ibl,lgl, tl'lml,lf!li;:t in red are deleted - both since 2-23-06 version. 3 Capital Improvement Element 3-23-06 public facilities shall be approved in the saIne manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. Policy 1.1.3: [Renumbered text, page 4] The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. Policy 1.1.4: [Renumbered and revised text, page 4] Public facility improvements \vithin a category are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service, C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of fhg ~N> Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: I. previously approved development orders permitting redevelopment, 2, previously approved development orders permitting new development, 3. new development orders permitting redevelopment, and 4. new development orders permitting new developments, D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. Policy 1.1.5: [Renumbered and revised text, pages 5 and 6] The standards for levels of service of public facilities shall be as follows: Category LA... Ptlhlie FlH:i1itie:; "\rtcriJ.! and 0u1l00tur rt)ar:~s, iElelu€llI1; .;tatc hi;;fi'(. a); Rut OR tfie Ih:m€la lRtra:;tatc Hi.~h':.a-y Sj':;t0111 (rIJIS) A.l Roadways: Words underlined are added; words struok through are deleted. Words double underlined in red are added, and words double atred, through in red are deleted - both since 2-23-06 version. 4 Capital Improvement Element 3-23-06 ~l. Arterials and collector roads: Level of Service as indicated below on the basis of peak hour, traffic volume: Level of Service "E" on the following designated roads: Reads :\irl3€lr-t PwIIiFl~ R@ad {$l€lI€lElA Gats Parkway C€lsdIEltt€l FmAI{ Road ($looGlI€)tt€l Fmnl{ ReaGl PiA€) Ri€l~o Road ~ :\irf:ilort Pb-IlliFl~ Road .^drport Ph,;IlIin@ R06l€~ Oa':is; ~Ot:l10Vmd (del€lc'ln Gate Paflf/:ey Li'.'in@8teF-l Road '/anderl9i1t ~€)agh Road Nem Pino Ri€l~€) Ree€l ,^.ir-port PwlliFl~ Ro@d Pine Rid@8 R€le€l C€lI€lsFl Gate Par-I{way YS=44. Colli€lr ~eWIEI':ef€;l U~ 11 PiA8 Ri€l@lo Road U~ 11 LJ~ 11 '3olden Gate Pmb,a; U~ 11 ~ G@I€leFl Gete Paflrsay ~aFlta ~af~are ~€lwl€l~:ar€l Gol€!eR Gats Paflr:Jay U~ 11 Logan ~oh,;lIi21':ard OldLJ~ 11 COI€!0A Gate Parh'.\'ay '/aAd8r~ilt 8aagh Rea€! .^.ifl3€lrt Pl;lllin@l R€la€l .'\ir-port Pt:llliF-l~ Road Re€lie R€lad Gl:,Jlf0hor8 Drive Roads .From To Airoort-Pu]]in~ Road_ US 41 Vanderbilt Beach Road Davis Boulevard US 4l Airoort-Pullin!! Road Golden Gate Parkway US 4l Santa Barbara Boulevard Goodlette-Frank Road US 4l Pine Rid!!e Road Livin!!ston Road Radio Road Irnrnokalee Road Pine Ridge Boad__....=..-----~- US 4l_.=~=...== Lq~BQ!:!I~yJ:!!li US 41 Collier Boulevard Lee COUf!ty y?:flQeJ."Q.ijtJ:3~~tLR~~~!~_~=c=~_QlJ1X~h9~_QbL\~~~...c.... .....~.jJ~.._41 ~2. Level of Service "D" peak hour on all other County and State (not (:1ft the FIU~:) arterial and collector roads not on the Florida Intrastate HigllWay Svstem o-;IHS). ~ B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Highway System (FillS), In Collier County. FDOT sets and maintains the LOS for I-75. The standards for I-75 are as follows: I-75 EXISTING RURAL AREA B EXISTING URBANIZED AREA C ~ C~ County Surface Water Management Systems: TRANSITIONING URBANIZED AREA C ~l. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10, Words underlined are added; words ctruok throblgh are deleted. Words double underlined in red are added, and words double strElel, ti;:tr@Elgh in red are deleted - both since 2-23-06 version. 5 Capital Improvement Element 3-23-06 ~2. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/W ater Management Sub-element of the Public Facilities Element. A4=D. County Potable Water Systems: -~1. County systems~ County Water District = 185 gallons per capita per day Goodland Water District = 185 gallons per capita per day ~2. City of Naples = 185 gallons per capita per day in the unincorporated service area Everglades City = 185 gallons per capita per day in the unincorporated service area ~3. Private potable water systems: Sewage flow design standards as identified in Policy '!-'-3.1 of the Potable Water Sub-element of this Growth Management Plan. M E. County Sanitary Sewer Systems: ~1. County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = +00 120 gallons per capita per day Southeast Sewer Service Area = 100 and 120 gallons per capita per day Northeast Sewer Service Area = 120 and 145 gallons per capita per day East Central Sewer Service Area = 120 gallons per capita per day ~2. City of Naples = 145 gallons per capita per day in the unincorporated service area ~3, Private sanitary sewer systems: Sewage flow design standards as identified in Policy '!-'-2.1 of the Sanitary Sewer Sub-element of this Growth Management Plan. M }-'. County Solid Waste Disposal Facilities: ~1. Two years of constructed lined cell capacity at the average disposal rate for the previous fiY0 (5) three (3) years ~2. Ten years of permittable capacity at the average disposal rate for the previous five ~ three (3) years. .A+.G.... County Parks and Recreation Facilities: A=k1. Regional Park land = 2.9412 acres per 1,000/pop. (weighted) ~2, Community Park land = 1.2882 acres per 1,000/pop. (weighted unincorporated) ~3. Recreation Facilities = $210.00 $270.00 capital investment per capita CategoFY B Public Facilities: Bl County Library Buildings: 0.33 square feet per capita B2 County Library Collection: 2.05 books per capita FY 10 Words underlined are added; words ctruok throllgh are deleted. Words double urlderli[~ in red are added, and words double :;:tFucl~ throlJgi:f in red are deleted - both since 2-23-06 version. 6 Capital Improvement Element 3-23-06 B3 County Jail: 0.0024 beds per capita (2.4 beds per 1000 population) B4 County Emergency Medical Service: .000068 EMS units per capita (lUnitI15,OOO Population) BS County General Goyernment Buildings: 1.9 square feet per (weighted) FIN}..NCI}..L FKA..8IBILITY OBJECTIVE 1.2 (FINANCIAL FEASIBILITY): [Renumbered and revised text, page 7] Provide public facilities. as described in Policy 1.1 abovt.:_,. in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: [Renumbered and revised text, page 7] The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law.,.-aftd which haye not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.1: [Renumbered and revised text, page 7] Tho estimated Capital expenditures for all needed public facilities shall not draw oxcoed conservatiye estimates of revenues from sources that are ayailable to the County pursuant to current law, and which have fret been rejected by referendum, if a referendum is required to enact a source of revenue, Policy 1.2.2: [Renumbered and revised text, page 7] Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and ma;' pay a portion of the cost of facilities needed by future development but only as a last funding alternative where impact fees are insufficient to pay for the costs of facilities attributed to future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy 1.2.3: [Renumbered text, page 7] Policy 1.2.4: [Renumbered and revised text, page 7] Public facilities financed by non-enterprise funds (Le., roads, surface water management, and parks and recreation), library, emergency medical service, and jail shall be financed from current Words underlined are added; words ctrusk through are deleted. Words double l!!:!9~~ in red are added, and words double 9tn;€lI; ti;:tr@",~i;:t in red are deleted - both since 2-23-06 version. 7 Capital Improvement Element 3-23-06 revenues and assets (pay as you go financing) and Revenue Bonds approved by the Board of County Commissioners, Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital Iimprovements or for excess capacity, Policy 1.2.5: [Renumbered text, page 7] Policy 1.2.6: [Renumbered and revised text, page 8] The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy -h l.5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. Policy 1.2.7: [Renumbered and revised text, page 8] The County shall continue to collect impact fees for Parks and Recreation, EMS and Library facilities requiring the same level of service standard as adopted in Policy -h 1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS and Library improvements necessitated by such development. Policy 1.2.8: [Renumbered text, page 8] Policy 1.2.9: [Renumbered text, page 8] PUBLIC EXPENDITURES: CO,\STf...L RICH Hf1ZARD AREA OBJECTIVE 1.3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA) [Renumbered and revised text, page 9] Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities.~lsdescrjbcdin Poli~y'): Lil12JJ-d"J;;.> needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the follo'.ving categories: maintenance of existing public facilities and beach renourishment, and may include beach, shore and waterway access. A J.. 1. Maintenance of existing public facilities; B. Beach, shore and watenvay access; c. Beach renourishment. Policy 1.3.1: The County shall continue to expend replacement and maintenance of public [Renumbered and revised text, page 9] funds within the coastal high hazard area for the facilities identified in the Conservation and Coastal Words underlined are added; words Gtruok through are deleted. Words double LJlJsj~EiI...n~_d in red are added, and words double 9trlJ~~k thrclJ€jr in red are deleted - both since 2-23-06 version. 8 Capital Improvement Element 3-23-06 Management Element including. but not limited to arterial and collector roads. sanitary sewer service systems. potable water supply systems. surface water management systems, solid waste collection and disposal systems. natural groundwater aquifer recharge areas. and parks and recreation facilities. Policy 1.3.2: [Renumbered and revised text, page 9] Within the coastal high hazard area. +lhe calculated needs for public facilities. as represented in the Annual Update and Inventory Report (AUIR) and the Five Year Schedule of Capital Improvements. will be based on the County's adopted level of service standards and projections of future growth allowed by the projections \yithin tho coastal high hazard area. The Future Land Use Element. limits RC',y residential development (thus obligations for infrastructure expenditures) to a maximum of four d':;elling units per gross acre within portions of the coastal high hazard area. Policy 1.3.3: [Renumbered and revised text, page 9] The County shall continue to ifts.Hfe support public that access to beaches, shores and waterways:. remain available to the pliblic and \.yill develop a program to expand the availability of such including funding options for acquisition PROVIDE NEEDED I~fPROVEMENTS OBJECTIVE M (PROVIDE NEEDED IMPROVEMENTS): [Renumbered and revised text, page 10] The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements,--- as described 10 Policy) .1 ab~ by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy M.l: [Renumbered text, page 10] Policy M.2: [Renumbered and revised text, page 10] All Category A public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. Policy M.3: [Renumbered and revised text, page 10] The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. Pr0jeets h'1r '.yhiefi aJ'1JJr0f1natl@R,~ ha';e ~eel'l ma€le if] the aflR:'lal !;JM€I;et ';;111 Rot 00 mmw;e€l onee the:,' ha';e 0een relie€lufHJI9 f(-H the i:::;ElafJee of a fiRal :,i(0 de';eloflmel9t r1aR, fiRal filar, €Jr I"lElil€liM; flerr19it. The Com'ltj' :;hall inelmle iR tfie 0af"lltaJ af"lflruf-Jriation:; of it; tiftftElaJ t<lu€l;et afl@itioRal flElblie beility f1rujerr:; tfiat euftform In Poliey' 1.1.2 (R.2) tine! Poliej 1.1.1 (e) afta (E). ICCP( QliESTlONED WHE7HER IHIS t.N!R} ('ONFUCn WillI Nt. ~~ UIRECT/UN!O PilSH CERTAIN TRANSPORTATION PROJECTS OU! IWn YEARS ('fARIFfED ACCOIWfNGfy/ Words underlined are added; words struQI< through are deleted. Words doublel!~U.~ in red are added, and words double 9trJ,u,l: tl9r€lGlf!li;:t in red are deleted - both since 2-23-06 version. 9 Capital Improvement Element 3-23-06 Policy lA.4: [Renumbered and revised text, page 10] The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of Category LA.. public facilities to meet the standards for levels of service for existing population and the proposed development. No final site development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will aehie',c r!.l~tj_~)L~~<::~~<J the standards in Policy -!-:-1.5 Category A Public Facilities, and meet or exceed the requirements for Concurrency Management as outlined in the policies within Objective -!-:-5 of this element are m.et. Policy lA.S: [Renumbered and revised text, page 10] Public facilities and services provided by Collier County with public funds in accordance with the 5-year Schedule of Capital Improvements in this Capital Improvements Element will be limited to Service Areas established within the boundaries designated on Figure PW - l, "Collier County Water District Boundaries", and Figure PW - 2, "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-l, "Collier County Sewer District Boundaries", and Figure SS-2, "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub-Element of the Public Facilities Element. /PL-1('FHOIJ)LR lLxr Pri(ll In winlJliol! (Ii these (iIY!P (//!/elldll/(JIlLI IIIe Wale I (/lId Wastell/ater Mastel Plan!.I) lVill he rel'Iled Ihis I//([\ resllll In Ihe neutio/l of IIU.!I'I' \/lhllreal, resulting ill the fleer! 1m I/WIC /I/(IPS ill lite (iM I' If so, tlze appropriate sub-elements wiLl he I7wchfied as well (/\ ji,<;ure references in this polic) / Road improvements will be provided as designated on the Schedule of Capital Improvements appearing in ~ this Capital Improvement Element. All other public facilities and service types will be provided on a County-Wide availability basis. Policy 4.6 {he ~ountv shall ells~lfe thaLp_ltlJJJ.\:o1~_lunlkd=.=.bJ:lll~ ar~)_ublrcl~ funded develoo111ent activities are carried out in a manner that derllQ!.l:iliill~,,_J2~~lj2Jactl.c,:e tu nIi..Qi..r!:!if..e_tht::J~!:Jifu-" QI'QJ2ertv. and fe-building _ cust froll!_ the ndfe~ts=Jrs~r!l~JlurriL:ane". n flo()din~ . natura! 'lD_Ll technological di~a"t~r events. BcstJlractice erfl)rJ~.._!pa'y lI1ClLld~,J.1ut <!!:~n~tJ)t-'lWlll~LUg. cl. Construction above the nood plain~ ~ Maintaining a [2rutective LOnerU! wildfire miti@.on: '-. Dl~l.htLiy..!l...Qr ull-sit_efJerrIlaneJlL~JJ.~.rators or ~elll.ROlarygencratur eme~el1l: \~_<'LS2!.!!!~L:_t!<:-HI Il()iIll~ l.L Beach and dune restoratIOn, re-nou'-L.sjllllt:.nLol ~ll!(:'rgell(;YJ~L\Jt(:'~t! \is'actlCJllS to Inu~ the _l~b..llit~~..fr:Q!~~~~.!ili..; 1;;.. Ernc~encv road re~rs;).miJ"" L Reoair and/or It])]acement ol.....Qll..t)lrcJy OWlleu docklIlg lacilrlres. J2i.!!1.1rrg areas. and sea ~.<:t11!i. {POUC> 4.0 i\lWFn fOf/OW/M; Rf-,Cf-,NI RfV/"10NS Iii ('CMI lOR (lAN' fN1FR/\/lll CO,VSISlfNC} P[IRPOSE)'I CONCURRENCY MANACE1\fENT Words underlined are added; words ctruok through are deleted. Words double lJJ:lQ~ in red are added, and words double 8tr~ck ti;:trgl,il'Jf1 in red are deleted - both since 2-23-06 version. 10 Capital Improvement Element 3-23-06 OBJECTIVE 1.5 (CONCURRENCY MANAGEMENT): [Renumbered and revised text, page 11] To ensure that public facilities~asdescribed in Poli<.;y' 1.1 <.!l:)ll V_Cc', and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent with ChalDtn 163, Part IT, Florida Statutes and Rule 9J-5,0055, Florida Administrative Code. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timdy construction of Category ,\ public facilities concurrent with, or prior to, the issuance of a finIal site_development plan, final plat or a building permit to achieve and maintain adopted level of service standards. Policy 1.5.1: [Renumbered l~ext, page 11] Policy 1.5.2: [Renumbered and revised text, page 11] The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if anyone ,of the following standards of the Concurrency Management System af@ !!? met: A. Compliance with anyone of the standards set forth in POll icy -J-.:.5.l A, Band C is met; or B. At the time the final site development plan, final plat or bui ldmg permit is issued, the necessary facilities and services are the subject of a bind'ing executed contract which provides for commencement of actual construction of \tht: required facilities within one year of the issuance of the final site developmer,lt ~11an, final plat or building permit; or C. The necessary facilities and services are guaranteed in an enforcl'~at lIe development agreement which requires the commencement of the actual com,truction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or building permit. An enforceable developmenlt agreement may include, but is not limited to, development agreements purst.lant to Section 163.3220, Florida Statutes, or an agreement or development order li.ssued pursuant to Chapter 380, Florida Statutes. Policy 1.5.3: [Renumbered and revised tex\t, page 12] The concurrency requirement of the Transportation Level of Service Standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or B. The necessary facilities and services are under construction or the contract for such facilities and services has been ~ ~<:i:i,,=_acct:Qled. __ and----"LLl!.Y_~'=:_~!!~'::t h;L- all ~-ties at the time a final site development plan, final plat or building permit is Words underlined are added; words struck through are deleted. Words double underlined in red are added, and words double str6lGI: thr@b1gh in red are deleted - both since 2-23-06 version, 11 Capital Improvement Element 3-23-06 issued; or {CCPC QUt'ST/ONt'D liSt OF 'fllF lERM "U...T {} roo ARC'HAf( Of? ST/U VAUD I'OLJA} CHANGf;!) ACCORDINGLY! C. The necessary facilities and services are ""nd~_~()J?!.!:.~ct.i1L:J,1~1_tJ~LC9,Q~tl~~[~g.gD in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR reflec!s the 1'.L01~~t~. seU~U:1l1 in the first vear uLthe AUIR_ at the tlRH:~- a flnaJ;112 tlc"elopc:ent plan,-ftttct+'phtt or 0Eiil€iift.; Flcrmit is isslied; or I(CI'( QUL'UlONFD WHFIfit.R 'fHlS ['.lVIRY C(}NfoI.l(T~ WffH VI-It 01 R LerrO;\! TO q PUSH' CFRIA IN {RA ,\,oSPOR/ A llO.V {'!?O! [.( I' (l(' I tWO riA!?" (IA!?/FlfD A(( 'O!? !) I;\!( ;[}I D. The necessary facilities and services are Hl tMe fir:t or "cc()lId==J~=#f k1D~J Cl!l1S11JL~'(H!D_()r J.1Ud~L contract pur~.lli!.ll..l\J.-_;J FDOT 5- Y ear Work Program ~ k-H12 a finaJ;ite dz\elo13l1'1eBI plan, fiRal13lal M ~mildin.; fleITfiit-i'-r~; or ICC(>( QUST/ON/I) IVflr7HER IH!" FiV7R}' (ONFUCfS WlIH iV/V n{R!-( nO\1 10 {'{"If (FHT\/\ m\;V\!'ORT'l1fO\ f'fWJF( T" 0(11 nvn If~R\ (1,1.fW'ffJ) \( 'CORnr,iI/(;/l/ E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requirements of Policies 5.3:1 through 5,&1 of the Transportation Elemenh~Ql F. The necessary facilities and services are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9~ of the Transportation Element, if applicable, or to construct the needed facilities. Policy 1.5.4: [Renumbered and revised text, page 12] The County shall continue to implement a Concurrency Management System, as identified in Division Sections ~ 6.02.02 and 10.02.07 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective -!-:-5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. Words underlined are added; words ctruok through are deleted, Words double b!JJJ:i@Ilill~d in red are added, and words double ~ in red are deleted - both since 2-23-06 version. 12 Capital Improvement Element 3-23-06 REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS [Revised text, page 13] The Schedule of Capital Improvements on the following pages will eliminate eXIstmg deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its estImate of Droiected cost during each of the next five fiscal years is shown in thousands of dollars (000). The month and year for actual commencement of construction and the month and year each project will be completed (in service) t"i ~~ indicated, Each project in Category '^L is consistent with the level of service standards as identified within this element and the appropriate individual element of this Growth Management Plan, Each project in Category B is consistent with the le'.'el of service standards as identified 'lIithin this element. Optional elements '.vere not developed for Category B facilities. Words underlined are added; words stn:l()k through are deleted. Words double underlined in red are added, and words double str~@I( thmblf!lR in red are deleted - both since 2-23-06 version. 13 Capital Improvement Element 3-23-06 PROGRAMS TO ENSURE IMPLEMENTATION [Renumbered and revised text, pages 28-3()' Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in ~ tl1!S Capital Improvement Element will be achieved or exceeded, 1. Development Order Review As part of the review of all applications for final site development plans, final plats, and building permits, the County will determine whether or not there will be sufficient capacity of Category ,A" public facilities,- as described in pol19' l-L'<:!Qov~.". to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders other than final site development plans, final plats, and building permits. for those having negative impacts on Category ,A.. public facilities other than final site development plans, final plats, building permits, the County will determine whether or not sufficient capacity of Category ",,\" public facilities are planned for construction concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. 2. Impact Fees Impact Fee Ordinances will require the same standard for the level of service as is required by Policy hl.5. 3. Annual Budget The annual budget will include in its capital appropriations all projects in the Schedule of Capital Improvements that are planned for expenditures during the next fiscal year. 4. Semi:annual Report The mandatory semi:annual report to the Florida Department of Community Affairs: concerning amendments to the comprehensive plan due to emergencies, developments of regional impact~ and selected small developments: will report on identify changes, if any, to adopted goals, objectives and policies in ~ tt!!S Capital Improvement Element. 5. Update of Capital Improvement Element The monitoring of~ and adjustment to~ ~. Uus Capital Improvement Element is an ongoing process necessitated by changing conditions to meet the changing conditions mu~;t be an ongoing process. Beginning ffi no later than August of each year, the element will be updated in conjunction with the County's budget process and the release of the official BEBR population estimates and projections, The update will include: .j:6. Revision of population projections; ~B. Updates of facility inventory; ~k. Update of unit costs; Words underlined are added; words ctruok through are deleted. Words double ~J:1.9~Ciin.gd in red are added, and words double gtrl;lsk trHSl;Ii'lh in red are deleted - both since 2-23-06 version. 14 Capital Improvement Element 3-23-06 412. Update of facilities requirements analysis to project 10 year needs (by fiscal year) in order to program projects to meet the service standards; ~E. Update of revenue forecasts in order to evaluate financial feasibility and the County's ability to finance capital improvements needed to meet the Service standards; ~f. Revise and develop capital improvement projects for the next five years. The first year's schedule of projects will be incorporated into the County's budget effective October 1 st; and, ;;;z,g. Update of the public school and health facilities analysis. 6. Concurrency Management System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended. The system consists of the following components: A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities. as described ill Polil,]!_lJ_~~~ compared to the standards for levels of service adopted in Policy -1-:- 1.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecasts the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done, These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. +he Notwithstanding any other provisions in ~ this Capital Improvement Element. the annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of Category ,\ public facilities for the purpose of issuing development orders during the 12 months following the approval of the AUIR, The AUIR will go into effect immediately upon approval by the Collier County Board of County Commissioners, (U'.(;A[, ('OMMf:Nf FXPFCIFO ON rHIS If)f:(\( B. Public facility capacity review, The County shall use the procedures specified in Implementation Programs 1 and 6 to enforce the requirements of Policies -1-:-5.1, -1-:-5.2 and -1-:-5,3 of this Element. C. Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. Words underlined are added; words strl:lok through are deleted. Words double ~!irlE:"9 in red are added, and words double 9trlol€l~ ti;:trebl3h in red are deleted - both since 2-23-06 version. 15 Capital Improvement Element 3-23-06 D. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: 1. Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-Wide public facilities are applied to development orders based on levels of service throughout the County, 2, Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. 3, Levels of service are compared to adopted standards on an annual basis, Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: a. annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service. 7. Second 5 yeaF Third Evaluation and Appraisal Report The required second 5 year third Evaluation and Appraisal Report (EAR) will address the implementation of the goals, objectives and policies of ~ till,) Capital Improvement Element. The monitoring procedures necessary to enable the completion of the ~ third evaluation include: A. 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All deficits are accumulated as a subtotal. The subtotal deficit is the source of additional revenue utilized by Collier County to fund the deficit in order to maintain the levels of service standards as referenced in the Capital Improvement Element. ROAD PROJECTS $823,244,000 Less Revenues: Gas Tax Revenue 107,032,000 Impact Fee Revenue, including Ave Maria 201,280,000 Carry Forward, including Bonds 298,016,000 GrantslReimbursements 34,405,000 General Fund 134,791,000 COA 47,720,000 $823,244,000 Balance $0 PARKS & RECREATION PROJECTS $227,765,231 Less Revenues: Impact Fee Revenue (bonds, cash & loans) 52,347,731 TDC Funds, including Vanderbilt Garage 6,017,500 Ad Valorem 29,200,000 SFWMD Dedication 128,000,000 Airport Dedication 1,400,000 County-owned Fairgrounds 10,800,000 $227,765,231 Balance $0 STORMW A TER & DRAINAGE PROJECTS $42,725,000 Less Revenues: Ad Valorem: $40,725,000 (FY06-10 from Stormwater Utility - @ 0.15 Mills per year - est.) Big Cypress BasinlSWFMD $2,000,000 $42,725,000 Balance $0 POTABLE WATER PROJECTS Impact FeeslRevenue Bonds * Balance $0 SEWER PROJECTS Less Revenues: Impact Fees/Revenue Bonds * Balance $0 SOLID WASTE PROJECTS $11 ,859 Less Revenues: User Fees $11,859 Balance $0 TOTAL PROJECTS TOTAL REVENUE SOURCES \.;( )'1 L rl1e' CUIT~rH ~lIHI pr()l'(i';..:clll]\cll!,q~ ,~hdbr \'dluc\ 1);1\1 11-';:11 d\'kril1Irh-il :[1 pl\-J,:'''::l-L.'VL'! dcl~ll1 III the '\"Her ilnd St~Wel i\:lw;t,:r Plan;;, O\cf lilt:: !a:-,! tn\!r t~,\r< Ilh tlrit'll) IIIIP;\.:j Ice, I f~:,lle'; ,md IL'rll:d lIdH lo;v.l han~ bC<:11 llllpkllh'pleti fl" hind ill(: ('\l';lnl~' (;q"f::!i lrllprjl' ('r~11.:~I'd Plan {\ fh\', i"IJ'-kr PI~j1i'I!\.1 Ji.""uIUI1[ ([11("';:h::r ,111.J I'''':~I k~' \! \1-1 It..':, ,11\ pi I,.';\.. 1111, IIIHk! d.:\di)I'llhT11 :11)(1 '.10 h,'iuhll<..heclldl 1\1)drd dppr()\'~lllll :q-lprO\llllatch IUI1t.:'.006 rlul 1\ Li--:ll:; 1'1:111 \1,lll h:: illlh f!lilli,'d t:\ flit: In\-'I"\s,~(lIIllP;jd I:t~c') !!c;cr F~:.111'(, ;,nd t,~'<tt:-rnill ,kbi In;oirJ Ihelc:tiH'\~ lh~~ Irl\ t~llf()r' dnll;~r \ri!ll(;lI 1 P]lq(.:\.-!~kn~'1 l..kLld \\ III hl ;\v<lILihk III IU!1L~ ~OO() III '1l1ll!/I', rlwrc;,lkr I hc\\.~ '1l\('III'JI'\ (I()ll;p \:dll\,,,.J! ~l PI{)I:~\...f."j"\'e! di".;l1! \\I!l he ('lLllql,)liHcd Illlillh\:. ('apWl! Imp, 1,,111 1,1 1,'11..:11I\,'!!1 I.>!' !lcwiJlgs hdlll( the \. (P{ (llld Ill\' HI .lud \', lit dt llll'!I';L1 plOlccl-levd lid:lIl \\ill b<.~ IIIIHkil 'f\\,_ f i: Ulh"ll(IIII',:IH ;l'I"11(IUI1 puhlil, liLt! ill, 1\-l;r,1(1 !'LIII Ill'. II ll!dlltk'-, "'1";'l.II')" EAR-CIP tables CCPC Filal 2-Z>-ll6: G: Comp. EAR Amendment Modflcations, CCPe Fin.1 NEW TABLE Transportation Element 3-23-06 PLEASE NOTE: STAFF HAS ADDflJ COMMENTARY AND DIRECTION {IN BRACKETS! TO THIS CCPC-RECOMMENDED VERSION OF THIS ELEMENT. THESE STAFF ENTRIES ARE NOT TO BE CONSIDERED PARTS OF THE DOCUMENT ITSELF. [ccpe QUESTIONED WHETHER mE TERMS, "ACCEPTABLE' AND "ADOPTED" ARE APPROPRIATEL Y USED WHEREVER THEY APPEAR BOTH TERMS WERE STUDIED AND REVISIONS WERE MADE ACCORDINGLYl [CCPC QUESTIONED WHETHER mE TERMS 'ENSURE" AND 'ENCOURAGE" ARE<, APPROPRIATELY USED WHEREVER THEY APPEAR BOTH 'TERMS WERE STUDIED AND REVISIONS WERE MADI~ ACCORDINGLY I 1. Land Use Issues [Revised text, page 6] The Transportation Element is closely related to the Future Land Use Element. It has long been the pattern that the development of land necessitates improvements and expansion to the transportation system. The two elements are so closely tied, in fact, that changes or shifts in the land use patterns can drastically impact the performance of the roadway system. It is for that reason that the County requires most land development proposals (e.g., DRI, rezone and provisional conditional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the recommending and approving authorities, As an alternative to this pattern of demand driving the transportation system improvements, the County has begun to explore ways to have the roadway system guide the patterns and densities of development. The County can determine the type of roadway system it wishes to maintain at the adopted level of service and then take steps to permit the type of land uses that will be consistent with that system. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the supply of the roadway system. The County has also recognized the importance of good site planning as it relates to a projec(s ingress and egress from the major roadway system. Inadequate control of access points, median openings and signalized intersections can accelerate the deterioration of the systems overall level of service just as fast as the increases in traffic volumes. The County has developed and adopted policies to control the number, location and type of access points to the road network. These policies are based on the Collier County Access Management Control Policy (Resolution No. 92-42) and follow-up Resolution No, 01-2461, and existing road and land use conditions. and are outlined in Section 4,04.02 ffi of the Land Development Code. ,^..n access management plan map exists for eaeh mixed use actiyity center. The purpose of the access management plans is to minimize the ad'lerse impacts to safety, capacity and operating conditions of the Words underlined are added; words otrllok through are deleted. Words double underlined in red are added; words double 8tn:!@I" tRm\'!f!lh in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 roadways, while proyiding adeql:1lxte access to those properties. }..ccess points on state controlled roads are subject to approval by the Florida Department of Traflsportation, ~~. Marco Island Airport Impacts I Corrected numbering error, page 7] D. IMPLENTATION STRATEGY [Revised text, page 9] As part of the Transportation Element, the County established minimum acceptable level of service standards on the existing highway system. For County facilities, the level of service standard to be maintained is "D" or "E" as measured on a peak hour basis. Several County and State facilities have been given a minimum LOS "E" standard. To maintain the adopted LOS on roadways, the County has implemented a concurrency management regulatory program that ties issuance of development orders to the demonstration of adequate capacity on all roadway segments that would be significantly impacted by new development. In summary this program maintains an inventory of the following for each arterial and collector roadway segment: . Actual traffic on each segment as determined through an annual traffic counting program. · The peak hour service capacity as determined by engineering analyses performed by the Transportation Division, and · Capacity that will be used by new development for which a Certificate of Adequate Public Facilities has been issued. In order to prevent sudden unanticipated LOS failures, the County will adopted, within one year or sooner, a "real time" "checkbook accounting" concurrency management process on February 1 L 2004, See the Adequate Public Facilities Ordinance Requirements (Division 3.15 Sections 6,02.00 and 10.02.07 of the Land Development Code) for details of this process. 1. Monitoring [Revised text, page 9] Division 3.15 Section 6.02.00 of the Land Development Code is also known as the Collier County Adequate Public Facilities Ordinance V.PFO) Requirements. It describes the annual count program done on County roads to determine their annual average daily traffic (AADT). It describes how the relationship between that AADT and the segment's adopted level of service (LOS) standard determines the road segment's level of service. The current levels of service at which road segments are operating are reported annually in the Annual Update and Inventory Report (AUIR). This report indicates which segments are operating at levels of service worse than their adopted standard LOS. It also contains predictions of when certain segments will reach levels of service that exceed their adopted standard LOS. Although traffic volumes are expressed as AADT, LOS calculations are done to ensure adequate levels of service. Peak season, peak hour traffic conditions are skewed in Collier County because of the heavy influx of seasonal residents and tourists. As such, it is deemed an inappropriate and unreasonable Words underlined are added; words struok through are deleted. Words double wlderlmed in red are 2 added; words double ctr~GI, thn3!,Jgh in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 imposition on taxpayers to provide a roadway system designed for the peak of the peak season. Therefore, the LOS calculations are based on traffic conditions experienced for 10 months of the year with the peak seasonal and tourist months of February and March omitted from the analysis, Introduction: [New text, page 10,11] The Transportation Element establishes policies for the movement of people. goods. and vehicles throughout unincorporated Collier County. Collier County seeks to provide a multimodal transportation system that is safe. cost- effective to construct and maintain. accessible to all residents and visitors. energy- efficient. and capable of serving both existing and future travel demand. The County's transportation system must be compatible with and support the goals. obiectives and policies of the Future Land Use Element and the other Elements of the Collier County Growth Management Plan (GMP). The Collier County Transportation Element meets the requirements of Chapter 163. Part II. Florida Statutes (FS), the "Local Government Comprehensive Planning and Land Development Act." and the Florida Department of Community Affairs Rule 91-5.019. Florida Administrative Code (FAC), The County has coordinated this Transportation Element with the Long Range Transportation Plan of the Collier County Metropolitan Planning Organization (MPO), As noted above. the Transportation Element addresses the movement of people and goods around Collier County. This Element is comprehensive and far-reaching. addressing the variety of transportation modes available to Collier County residents. It also addresses a variety of transportation issues. The Element includes Obiectives and Policies related to the following topic areas: . Maintaining the County's maior roadways at an acceptable Level of Service. · The commitment to making roadway improvements in accordance with a Five- Year Work Program. . The protection and acquisition of future rights-of-way (ROW), . Providing for the safe and convenient movement of pedestrians and non- motorized vehicles, . Coordinating the development of the transportation system with the Future Land Use Map (FLUM) of this GMP. · Coordinating the development of the transportation system with the transportation plans of neighboring iurisdictions, . Providing for safe and convenient access between adioining properties and €f1:;tIriM;_J~QcOL1@g!ru~, safe and convenient traffic circulation within and between future developments. . Establishing and maintaining a "Checkbook" Concurrency Management System. Words underlined are added; words strl:lok throl:lgh are deleted. Words double underlined in red are 3 added; words double €ltrY€lk tl9r€lYf!lR in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 · Developing and operating a Neighborhood Traffic Management Program. · Encouraging safe and efficient travel in rural areas of the County. · Maintaining County-owned airport properties and operations, · Encouraging the safe and efficient use of County transit services. GOAL 1: [Renumbered text, page 11] TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. OBJECTIVE 1: [Revised text, page 11] The County will maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the Aannual Update and Inventory Report {AUIR} or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. Policy 1.1: [Revised text, page 11] The County will annually adopt a Schedule of Capital Improvements.. covering a period fm IlQJ less than five (5) years, which shall include those projects needed to maintain the County's roadway network at the adopted Level of Service standard, Policy 1.2: [Revised text, page 11] The County shall annually appropriate the funds ffi for the ensuing fiscal year that are necessary to accommodate those phases of transportation improvement projects listed in the first year of the Five Year Schedule of Capital Improvements. Programming decisions are shall be based on the AUIR, and shall be annually incorporated in the Five Year Schedule of Capital Improvements, as contained in the Capital Improvement Element {CIE} of this Growth Management Plan. Policy 1.3: [Revised text, page 11, 12] County arterial and collector roads as well as State highways not on the Florida Intrastate Highway System (FIHS) shall be maintained at Level of Service "D" or better as addressed in para,;:raph Ci 1 t.lli; Imolementatioll Strategy of the Transportation Element except: I Corrected reference direction, page III Level of Service "E" or better shall be maintained on the following designated roadways, Roads From To Y.fl1lli~1'Qilj~1!fl:d~Q~~i Alr-QllI:! - ~l! lli~.KQ'LQu==..~...=...".11~..:1L.c. ,_ Words underlined are added; words ctruok through are deleted. Words double underlined in red are 4 added; words double 8tFW€lI: tRF€lWf!li;:t in red are deleted - both since 2-23-06 version. Transportation Element Davis Boulevard Golden Gate Parkway Goodlette- Frank Road !--~!1&s1Q~~~ Pine Ridg:e Road US 41 Vanderbilt Beach Road US 41 US 41 US 4l Radio Road 3-23-06 Airport-Pulling Road ,~______Santa Barbara Boulevard Pine Ridge Road __~__~___~_~~ Imp10kalee .Rillid US 4l Collier Boulevard Gulfshore Drive Golden Gate Park?:ay Log:an Boulevard Lee COllntv Old l.!S 11 US 4l /CCPC RE'QUESTED THIS TABLE BI.: A D[JPLlCAn..~ OF THE LOSS TABU: FOUND IN THt,' CIE REPLACED ACCOR{)fNc;rr/ Roads .Ajrp01t PMllin; R0a€l G€llehm Cate Par1:',':a:,' G00alette Frank Road G00alette Frank Roaa Pine Rid;e R0aa ~ .Ajr~Elrt PMlliR; Hoad .o\jr~0rt PMllin; Roaa Da':i:; R o l:iIe'.' ara C@laeR Cate Park?:a:, Li':iR;st@n H.oaa 'hmaerl"Jilt Reaefi R@aa ~ PiRe Ria;€ '/ aRaer~ilt ~ Roatl ,A.ir~01t Pl:illin; Roaa ~ Pine Riti;e Roaa M Colaen Cate Parl~\':ay ~ 4=l- Santa Rar~ara .Q€ll:ile':anf Colehm Cate Parl~v:a)' ~ 4=l= O'llaeR Cate Park,;:et) ~ ~ L0;an R0Mleyara C€lllier R0l:ile':ar€l Ola US ala US 11 4=l- ~ PiRe Rit:i;e Roaa ~ ~ ColaeR Gate Parkway CS 11 Gl:ilfshtlre Dri\'~ C0llier Rou!c':etra GoldeR Gate Petrk?:a) 'h:tn0erbilt Eeet€ft R€let€l .A.ir~ort PulliR;; Roaa ,A.ir~ort Pl:iUing Hoaa Radio Hoetd GMlLfiore Drive llUl, Lcvcl of Service "D" or better shall be maintaiaed on all other county and state arterial and collector roads. The Collier County Transportation Division shall determine the traffic volumes that correspond to the different LOS thresholds on county roads, The Transportation Division shall install, as funds permit, permanent traffic count stations to better identify traffic characteristics of county roads. Based on the traffic count data the Transportation Division shall develop a financially feasible Roads component for the Capital Improvement Program of the CIE. Policy 1.4: OBJECTIVE 2: [No change to text, page 12] [Revised text, page 12] The County wilt shall maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Policy 2.1: [Revised text, page 12] Words underlined are added; words Gtruok through are deleted, Words double underlined in red are 5 added; words double 9tr\,lgl~ tRr€l\,lf!lR in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 The County shall include in its Five Year Schedule of Capital Improvements t..vithin the Capital Improvement Element} those projects identified in the Five (5) Year Work Program that are necessary to maintain the adopted Level of Service on the roads identified on the Fi'/e (5) Year '}fork Program County roadways, Policy 2.2: [Revised text, page 12] The County shall annually appropriate the funds necessary to implement those pro )jects shown in the ffirst year.) of the Five Year Schedule of Capital Improvements. OBJECTIVE 3: [Revised text, page 12j The County shall provide for the protection and acquisition of existing and future righi~- of-ways based upon improvement proiects identified within the Five Year Work Program and/or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long: Range Transportation Plan, Policy 3.1: [Revised text, page 12] The County has implemented and maintains an advanced Right-of-Way Preservation and Acquisition Program. Policy 3.2: [Revised text, page 12] The County shall continue to includes funding specifically earmarked for use in the advanced Right-of-Way Acquisition Program in its annual Capital Improvement Element funding specifically earmarked for use in an advanced Right of \Vay ,^..cquisition Program. Studies shall be conducted periodically to identify the long.:range right-of way needs of the transportation system based on buildout. Following their, completion of these studies, the Transportation Administrator will present a program of funding that includes actions necessary to protect and acquire needed right-of-way. Policy 3.3: [Revised text, page 12] The County shall acquire ~ sufficient amount of right-of-way to facilitate art~rial.<!11Q COll~,=,--tOl~J~=,-ad~~Jl no less than a cross section of six (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, aftti ~ shoulder sufficient for pull offs~ and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build-out will be less than the standard, [CCPC QUESTIONED WHETHER THIS ENTRY LACKS AN ACCURATE REFERENCE TO CERTAIN TYPES OF ROADWAYS - REFERENCE INSERTED ACCORDINGLY] Policy 3.4: [Revised text, page 13] Words underlined are added; words ctruck throblgh are deleted. Words double underlined in red are 6 added; words double 9tnwl\ ti;:tf@!:;l!'!jh in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 Collier County shall acquire rights-of-way for transportation improvements in fee simple, unless otherwise determined appropriate by the BbG Board of County Commissioners based upon g recommendation e:f from the Transportation Administrator. OBJECTIVE 4: [Revised text, page 13] The County shall provide for the safe and convenient movement of pedestrians, aBtl motorized and non-motorized vehicles through the implementation of the Collier County Comprehensive Pathway~ Plan. Policy 4.1: [Revised text, page 13] The County shall, incorporate the Collier County Comprehensive Pathway~ Plan into this Transportation Element by reference and [the Collier MetroDolitan Plannin2: Omanization (MPO)] shall periodically update the Pathways Plan as needed, Policy ~.2: [R€~:i8etl text, page H] The O"llief C0UIlty T.raIlsfl€lrtati€ln S8f\'ie€s Di':i3i0Il shall flf0':is8 f€lf 8UflflOft 88r.:i@88, aIlS f€Semr€0S ';;ithiIl ill the C0Hi@r C0uRty Metr0fl0Iit[LR PlaRIliRg OfgaRizati0R iR 0fS€f t€l @@€lrsiRate imfllemeRt the Rieyele,PesestriaR Pr0,;ram flr0visi0Rs 0f the C€lllief C0tIRtV C0mfl.reheRsiye Patk;:ays Phm. [CCPC QUESTIONED WHETHER THIS ENTRY ACCURATELY IDENTIFIES THE APPROPRIATE AGENCY WHO IS RESPONSIBLE FOR IMPLEMENTING THE PATHWAYS PLAN - EDITED & NUNUMBERED BELOW ACCORDINGLy! Policy 4.3~: [Revised text, page 13] The County shall provide an interconnected and continuous bicycle and pedestrian system by making constructing the improvements identified on the ~ 2030 Pathway Facilities Map series as funds permit. [Ccpe DECIDED THIS ENTRY READS BEST IF THE ENDING PHRASE, "AS FUNDS PERMIT" STAYS IN CONTEXT- PREVIOUSLY REMOVED PHRASE RETURNED AND DATE CHANGED/ Policy 4.4J: [Renumbered, revised text, page 13] The County' s pathway~ construction program should shall be consistent with the Comprehensive Pathway~ Plan to the maximum extent feasible. The Patlr:.'ay~ ,\0.':is0f) C0mmittee shall, to the maximum e;~teIlt fea.;ible, plw:i0.e r€€0t19.1'fliRdatiow: em the eh@ie@ 0f ~ flmje€ts to be iRelu0.€a in the patlr.vay~ e0fi:;tnieti0R ]3m,;rafi1, [ma as v:ell 92 the 0rser ifi '::hieh the:,' :;ueh ]3r0 ieets are ~ €0fistr.Jeted, Policy 4.~: [Renumbered, revised text, page 13] Words underlined are added; words etrblGk through are deleted, Words double underlined in red are 7 added; words double 0tr~gl' tl'lf@(,I~i;:t in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 The County shall annually adopt a 5 Year Pathway~ Work Program. which establishes pathway priorities, including proiects to retrofit existing streets to accommodate bicycles and pedestrians. Policy 4.5~: [Renumbered, revised text, page 13] The County shall, to the greatest extent possible, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway~ Work Program, Policy 4.~: [Renumbered, revised text, page 13] The County shall provide for the safe movement of non-motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate eeHl bike lanes, sidewalks and pathways.. as deemed appropriate.. in new construction and reconstruction of roadways, Policy 4. 7~: [Renumbered text, page 13] The County shall incorporate bike lanes in roadway resurfacing projects as is physically possible and will not result in a safety or operational problem. Policy 4.~: [Renumbered, revised text, page 14] The County shall follow the most current bicycle and pedestrian facilities design and construction standards.. as developed by the Florida Department of Transportation.. 10 tHe €i~hjftt.. ',':HieH i:; ~hy:)ieallj' €tft€\ :;af-'€\j' ~O:;,;i0]e. jCCPC QUESTIONED WHETHER ENTRIES FOR THIS OBJECTIVE AND POLICIES 4,1 THROUGH 4,9 REFLECT THE MOST CURRENT "PA7HWAYS" LANGUAGE NEVIEWED AND REV/SED AS NECESSARy! OBJECTIVE 5: [Revised text, page 14] The County wtH shall coordinate the Transportation System development process with the Future Land Use Map. Policy 5.1: [Revised text, page 14] The County Commission wtH shall review all rezone requests with consideration of tfteH: such requests' impact on the overall County transportation system, and shall not approve any tffieI:i request that significantly impacts a roadway segment that is already currently operating and/or is projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are also approved, Traffic analyses to determine whether a request has significant project impact~ shall use the following to determine the study area: Words underlined are added; words stnJOk through are deleted. Words double underlined in red are 8 added; words double 9trl;l:::l~ tnroLJ~h in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 ISlAI'/' NOTES HERE 1HAT TlIIS POLICY WAS MODIFlED IN 2004. THERE APPEARS TO BE TEXT MISSING FROM LiNE ONE RE'VIEWED AND REVISED! a. For Gfl. links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5% of the adopted LOS standard service volume, Policy 5.2: [No change to text, page 14] Policy 5.3.=. [Revised text, page 14] In order to determine vestin!!. where desired. all The C0tlMt)' e0MEhletea u Traffie Im~a@l '.'@stiRg ,~ffirm.ati@fi Reyie';: ifi 2003 10 det0rft1in@~ f0f ~lafifiifi; 1'H:lrfJ0ses 0Rlj'~ ,,:hieh. ae..'elo~M12Mt:: m.aj' 02 ',0~;t2a f0r IWReElITeMc)'. This stEldy aiEl filM ~n:,)yiae a 1>Jo le;itf €!eterlHinittioIl. of ':2':;t0a :;t!itEl:;~ nor Eli€! it for flr0jeet:; '1::1:; Il......ade Lmd e'.'eM th0l:l;h the ifiitial rg'::z',': ifiElieatea ':e:;liM;;, thi~; fiRaifl."; €toe:: R0t pnr:ia@ a !@;itl ~re:;ElmfJtioR that I:l (lf0jeet i:; ',est0a. ,~ll previously approved projects must go through a vesting review pursuant to Subsection 3,15.7,2,6. 1O.02,07,B.6. of the Land Development Code. [cepc QUE:STlONt.V VvHE1HER TfilS ENIRY COULD BE MORE SUCClNel ENTRY SHOR7hNl-.O AS DIRECTED! Poliey S.4 [Deleted text, page 14] To optimize the CONaty'S transportation analysis, the County shall prepare an analysis of the transportation system within the urban area utilizing SYNCHRO or other current traffic analysis techniques and tools by January 2004. Policy 5.S4: [Renumbered, revised text, page 14.1] Pursuant to Rule 9J-5.0055(6)(a) 3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of theis Plan, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below;., =l=A. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by m.ore tkm 5% or mor~. of the capacity at the adopted LOS standard shall meet the transportation concurrency requirements specified in Capital Improvement Element, Policy -l-:5.3. Words underlined are added; words GtFl:Jok through are deleted. Words double underlined in red are 9 added; words double 9tfl;l€ll( tRf€ll;l~h in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 ~~. Any proposed development within the concurrency exception area that would reduce the LOS on FrnS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.6 are exempt from the transportation requirements of Capital Improvement Element, Policy -!:-5,3, /CCPC QUESTIONED WHETHf.'R THIS f.NTRY COVER,,; AU, POSSIBLt,' CALC'lfLATIONS' ENTRY AMENDED AS DIRECTED/ Policy 5.'5: [Renumbered, revised text, page 14.1, 14.2] Commercial developments within the South U.S. 4l TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Planning Division Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed \'lork vleek workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would be expected to reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would be expected to reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would be expected to reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification Words underlined are added; words strblok throblgh are deleted. Words double underlinecf in red are 10 added; words double Qtrugl~ thm~gh in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 from the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (shall be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties, d) Including affordable-workforc~ housing at 80% or less of median Income (minimum of 25% of the units) within the development. [CCPC QUESTIONED WHETHER THIS ENTRY NOW NEEDS ADDITIONAL REFERENCES TO "WORKFORCE" AND/OR "GAP" HOUSING, AND WHETHER THE PERCENTAGE REFERENCES ARE STILL ACCURATE - REVIEWED AND REVISED AS NECESSARY] e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. [CCPC QUESTIONED WHETHER OTHER CHANGES OR ADDITIONAL POLICY STATEMENTS ARE APPROPRIATE BY THE RECENT ADOPTION OF "AFFORDABLE-WORKFORCE" HOUSING - REVIEWED; WITH NO REVISION NECESSARY] An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements, Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 5.+6: [Renumbered, revised text, page 14.2] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads are is in place that provide multiple, viable alternative travel paths or modes for common trips, Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Words underlined are added; words Gtruok through are deleted, Words double underlined in red are 11 added; words double Gtr~€ll( tt;m~~~i;:t in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: ~A. Northwest TCMA - This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5), ~B. East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR-6). Policy 5.87: [Renumbered, revised text, page 14.3] Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Transportation Element, Policies 1.3 and 1.4 of this Element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy -h5.3 of the Capital Improvement Element of the Plan. Policy 5.98: [Renumbered, revised text, page 14.3] Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.&1 of this Element, a proportionate share payment shall be required as follows: a. Proportionate share payments shall be calculated using the formula established in Rule 9J-2,Q45(2)(h), Florida Administrative Code, The facility cost for a constrained roadway link shall be established using a typical lane mile cost.. as determined by the Collier County Transportation Administrator.. of adding lanes to a similar area/facility type as the constrained facility. b, Proportionate share payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non-automotive transportation alternatives.. which adds trip capacity within the impact fee district or adjoining impact fee district. c. Proportionate share payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and de shall not influence the concurrency determination process, Words underlined are added; words struok through are deleted. Words double underlined in red are 12 added; words double €jtfl5lsl~ tRr@l5I1jA in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 d. No impact will be de minimi,g if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. OBJECTIVE 6: [No change to text, page 14.3] Policy 6.1: [No change to text, page 15] Policy 6.2: [Revised text, page 15] The Transportation Element shall consider any and all applicable roadway plans of the City of Naples, City of Marco Island, Everglades City. Florida Department of Transportation, Southwest Florida Regional Planning Council, City of Bonita Springs and Lee County. Policy 6.3: [Revised text, page 15] The Transportation Element shall be consistent in its interface into the arterial/collector system within the City of Naples, Everglades City and the City of Marco Island. Policy 6.4: [No change to text, page 15] Policy 6.5: [No change to text, page 15] OBJECTIVE 7: [Revised text, page 15] The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as and shall encourage safe and convenient on-site traffic circulation through the development review process. Policy 7.1: [No change to text, page 15] Policy 7.2: [No change to text, page 15] Policy 7.3: [Revised text, page 15] The County shall implement, through its Zoning Ordinance, the provision of safe and convenient on site onsite traffic flow and the need for adequate parking for both motorized and non-motorized vehicles as a primary objective in the review .fef of Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications review process. Policy 7.4: [Revised text, page 16] Words underlined are added; words ctruol( threl:Jgh are deleted, Words double underlined in red are 13 added; words double str\,lllh tRf€l\,l~R in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 The County shall develop corridor management plans that take into consideration urban design and landscaping measures that will promote positive development along the major arterial entrances to the urban area. Such plans shall take into account the recommendations of the Community Character Plan, County-sponsored and the initiatives of Smart Growth initiatives, and the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs) as the Board of County Commissioners may aflflMally periodically appropriate funding for these plans, Policy 7.5.=. [Revised text, page 16] The County shall develop Corridor Access Management Plans, Such plans shall be designed to make median modifications and other operational improvements, including removal of traffic signals, necessary to recapture lost capacity and enhance safety. The development of such plans shall consider the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs). as may be appropriate. Policv 7.6: [New text, page 16] The County shall use community impact assessment techniques in evaluating proiects in the transportation planning process. These, technigues include the use at the Effict~nt Transoortation Decision Maklllg proc~ss (EQTMl through the LOI~. ~~Plan to 9ddress envilJlllmenlal jllli.L,20ili-:..cc.1!.l1!J.ruL~~~as well as corridor li.Pccific all@lvsis through the Proiect DevelopIlltl1L al!(LJ:::uvironmenJal__~!udi~~_4[~d CO~l'id~H___studies: _ In adgi I iQll...._ guri.illi.=th~~_~ie~gn.~J)LJ[flJ1'illorta Ii 0 n pro~cts there are _ n u mero u s de~ and soecial meetings to take _ into_accollnt the" socio-cultural elements of the community including character issues _ such as aesthetics,-- avoidiflE or nli!.igating Jar t:Jlvironmentill imp~noise and commurD.!Y disnwti211i<o,sues.. (CCPC QUFSI/ONFf) ~VIiFIHFR IN/.\ teN IN} BE:JI LR INFORlvlS 7lfE Rl:ADt.R If SOM!:: LISTING OF THESE TECflNIQUFS' ~VERl: 10 f?r INCLUDEn Hf.'RF AND/OR I?EIFRFNG 70 OTHER EXISTING [)OCl/,~1ENTS RFVIFHifn A\f) RF\/SfJ)( OBJECTIVE 8: [No change to text, page 16] Policy 8.1.=. [Revised text, page 16] Each year, the county will use short=term projections of previous years' traffic volume growth to estimate the year in which LOS deficiencies wf.H. are likely to occur on Ceounty roads. This information will be used to prepare the annual update of the Ceounty's schedule of Capital Improvements in a manner that ensures the maintenance of concurrency on County road facilities. Policy 8.2.=. [Revised text, page 16] Words underlined are added; words GtnJOk through are deleted. Words double underlined in red are 14 added; words double strbl€ll, thr€lblgh in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 Pursuant to Chapter 163.3180 F.S., and in accordance with the Collier County Adequate Public Facilities Ordinance (Land Development Code DiyisioR 3.15 Sections 6.02.00 and 10.02.07), development proposals shall be required to submit traffic impact analyses. OBJECTIVE 9: [Revised text, page 16] The County shall encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, which are not classified as arterials or collectors through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP). In developing strategies and measures to eftSMrC encourage such conditions. the NTMP shall consider the impact of such strategies and measures on the adiacent arterial and collector systems (from a level-of-service and operational standpoint). Policy 9.1.=. [Revised text, page 16] The County shall incorporate the Neighborhood Traffic Management Program into this Transportation Element by reference and shall update Program provisions as needed. Policy 9.2.=. [Revised text, page 16] Tho County shaH proyide for support serVIces, resources and staff to coordinate the Program. The purpose of the Neighborhood Traffic Management Program (NTMP) shall be to establish procedures and techniques that promote neighborhood livability bv mitigatiu.g the negative imoacts of traffic on residential neighborhoods.€IeYelofl strate;ie~; ~ma ffi.eaSMres €Iesi;ftecl to clisemua:::e traffie fnnl1 usift::: l€leal streets 10 tnc/€! \;Jety:een t'/.0 al~_erial (lr e011eetor roaclv,'ays. The strategies and measures utilized by the NTMP may include. but shall not necessarily be limited to: !CC'P( QUESTlONED WHETHER TH/.) ENTRY ENCOURAGES OR ALLOWS FOR FULLY CLOSED COMMUNl7JES, WHEN HilS IMPLlCAfJON IS NOT INJENDED PLEASE REVIEW fHt. PROPOSED LANGUAGE WRffTEN TO CONVEY AND RFINFORCE AN INTENTIONAL BAIANCl. BETWEEN THE TWO f)ES'/GN CHARACTERISTICS! (a) Educational programs that seek to remind speeding drivers of the negative effects of their actions. Such programs may use brochures or neighborhood newsletters to spread this message. Newsletters may also contain information on speeding fines (particularly in school zones). pedestrian and bicycle safety tips. and information on average speeds in the neighborhood, (b) Enforcement measures. which may involve the temporary establishment of a more intensive police presence and a ;reater ~tter allocation of patrol time devoted to enforcing the :;fJeed lim.it tr(lff!~~ in a particular neighborhood. Words underlined are added; words struck through are deleted. Words double underlined in red are 15 added; words double 9trl;lElI, HH€J~!!lA in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 (c) The use of engineering techniques (also known as traffic calming €leyiee:;) to slow traffic on certain streets and/or to divert through-traffic away from certain neighborhoods, The use of such techniques shall consider their potential impacts to emergency vehicles, bicyclists and pedestrians. Policy 9.3:, [Revised text, page 16] The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The Collier County Transportation Division shall develop guidelines, which identify the conditions that would require the interconnection of two neighboring developments, and shall also develop standards and criteria for the safe interconnection of such local streets. Policy 9.4:, [Revised text, page 16] The County shall define on a project.:by.:project basis, the acceptable amount of rerouted traffic as a result of a traffic management project.:. Policy 9.5:, [Revised text, page 17] The County shall encoura2:e QrQ.kctswhich. provide local resident~estri.illL. bicvcli~t '!!!~.!I1Q!Ql~l, movement betv,een and anlon~ develoDments on neighQQI'J:lg<2<:tstre~~ jjl a deliberate,balance with it~ efforts to route ~~ll:through traffic away from neighborhoods and to the majBf roa(hvays arterials and collectors designated in theis Transportation Element of the Collier County Growth Management Plan. /CCFC QUf:')llONFf) WHt.THLR IHIS ENl RY Ih\'INlFN110NAUY t,NC(J{;RAGES 01< A.LUJWS FOR AIL TRAfFIC TO BE ROt! rEf) OUt, ONlO MUE/?IALS fIND COILFCTO!<), LACKING II ('LEAR EfI.'lPHASIS ON'THROUGfl' IRA/IIC PLEAS! REVIEW IHE PROPOSED IAN(][/AGt WRITTEN TO CONVEV ANn I<F1NFOfW/' AN INTFN1l0NAl BALArvCF BFTWEEN IHF TWO EFFOR7S/ Policy 9.6:, [Revised text, page 17] The County shall review impacts on emergency vehicle access or response time to neighborhoods, both before and after implementation of traffic calming measures. If emergency vehicle access or response times into a neighborhood have been adversely impacted by the traffic calming measures, the County shall work with the relevant emergency responders to reduce or eliminate such adverse impacts while still maintaining traffic calming measures. Policy 9.7:, [Revised text, page 17] Roadways identified as collector or arterial facilities are not eligible for participation in the NTMP. Policy 9.8:, [Revised text, page 17] Words underlined are added; words Gtruol< through are deleted. Words double und")r1In_ed in red are 16 added; words double strlolE=Jk ti;:trslol1ijh in red are deleted - both since 2-23-06 version. Transportation Element 3.23.06 The County shall consider a variety of traffic calming devices to achieve the NTMP' 8~ objectives for a project. Such traffic calming devices shall be planned and designed in conformance with sound engineering and planning practices. Primary funding for such plans ~ may come from the local funding initiatives such as MSTUs or MS:rBUs for the area that is to benefit from the traffic calming, {CCPC QUESTIONED WHETHER THIS ENTRY LlMIIS OUR FUNDING ALTERNATIVES NFASF REVlf,'W AND REVISE AS NECESSARY/ Policy 9.9;. [Revised text, page 17] To implement the NTMP, certain procedures shall be followed in processing neighborhood traffic management requests in accordance with applicable codes and related policies and within the limits of available resources, At a minimum, the procedures shall provide for: - ~submittal of project proposals; - gevaluation of proposals by staff; - Ceitizen participation in plan development and evaluation; - Mmethods of temporarily testing traffic management plans when needed; -Ceommunication of any test results and specific findings to area residents and affected neighborhood organizations before installation of permanent traffic calming devices; and - Aappropriate County Commission review. OBJECTIVE 10;. [Revised text, page 17] The County shall encourage safe and efficient mobility for the rural public. Policy 10.1;. [Revised text, page 17] The County shall tl0':elOl'l a [lrobram to examine the maintenance and operational needs of the rural roadway system. Thi:; pro;raRl ';:iIL dddrel.,l.,U:lg the mobility needs of the rural resident~ to include the availability of roads for rural-to-urban travel, t~~~j.ll~ rural area. and as ';.ell a:; for fturrie!iRe ~12~~rg~!l<;.Y evacuation purposes. {CCN CONS/fJE:RED 'f'HIS POLICY TO BE TOO VAGUE-, Rt'F/:RENC'l:'S TO S'OME TYPF Of' "PROGRAM" ARE REMOVED A,)' DfRECTED, AND IANGUAGf, IS ADDED TO ADDRESS' MOR[ TRIPlIR,4 VEL PURPOSE'S IN TilE FVOIYING IANDSCAPf:'S' or TIff f:ST4'f't,S AND RURAl. PLANNING AREAS PLEAS!: RI:'VIl:W AND (,OM/vff,'NT{ Policy 10.2;. [Revised text, page 17] The County disadvantaged (CTC). shall continue to improve transit services for the transportation in the rural areas through the Community Transportation Coordinator Peliey 1O.~.:. [HnbeEl teJ~t, page:) 1 :-., 1 S I Words underlined are added; words €trwGk through are deleted. Words double underlined in red are added; words double 9tr~€iI, tt,mm!iJi;:t in red are deleted - both since 2-23-06 version. 17 Transportation Element 3-23-06 The CamHj' :Julll il'leorfJorate hereiN ~y refereNee tHe Corri€!0r ~.1aNa;emeRt PlaR for the Tamiami Trail ~eeRie Hi;;k:.'a)', ?,'hieh f0rme€! flart of tke a~~lieati0N feu ~€enie Hi;;hv.aj' desi';Nati0N autHorized 8)' the R0ard 0f C0t1Rt)' C0mmis::i0Rer:; ON Nw.'eN10er 3, ~ Icepe' QUl:SFIONtU WHtJHt,R IH!)' FlI/IR~ IS RELt.Vt"NI Ell/FRY REt'vIOVED AS /JIREC'TEDI OBJECTIVE 11,;, [Revised text, page 18] The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities, consistent with the approved Airport Master Plan for each Airport. Policy 11.1,;, [Revised text, page 18] The County shall herein incorporate by reference the Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport Master Plans. Policy 11.2,;, [Revised text, page 18] The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans, Policy 11.3: [New text, page 18] The Collier County Metropolitan Planning Organization (MPO) has assisted Everglades City in obtaining Federal funds to enable the City to maintain and operate the Everglades Air Park. Given the assistance provided to Everglades City by the MPO, the Collier County Board of County Commissioners shall coordinate with the Everglades City Council to ensure a safe and orderly transfer of the Everglades Airpark and all related facilities to Everglades City. Such transfer shall be in a manner that does not compromise the safety of the Airpark and the future facility plans authorized by the Everglades Airpark Master Plan, ICCPC QUl:ST/ONFIJ IVHEIHE/\ IHIS FN/H.Y f/\/I/:H.S IvlORt. Iff/IN IVTENDF!) RtJ;ARDlNC; WHO WIU ACT! fAUY CONTROl IHf, fAUI.! IY RFVfF.WFf) !('('()Rf)fNC;IY/ OBJECTIVE 12: [No change to text, page 18] Policy 12.1: [Revised text, page 18] The Collier County Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist the local community transportation coordinator in the implementation of the most efficient and effective level of service possible for the transportation disadvantaged. The Transportation Disadvantaged Program shall be implemented through the County's regular bus system. Words underlined are added; words ctruok through are deleted. Words double underlined in red are 18 added; words double €:tn;gl~ t~rgfdgh in red are deleted - both since 2-23-06 version. Transportation Element 3-23-06 Policy 12.2: [No change to text, page 18] Policy 12.3.;, [Revised text, page 18] Collier County shall be the managing authority of the Collier Area Transit (CAT) system. Policy 12.4: [Revised text, page 18] The County shall, in recognition that the potential for public transit service between Bonita Springs~ in Lee County~ and Naples, in Collier County. exists, consider any intergovernmental efforts, which are necessary to bring about such service. Policy 12.5.;, [Revised text, page 18] The County shall continue to partICIpate in the MPO planning process through implementation of an interlocal agreement with the City of Naples~ tffi6: the City of Marco Island, and Everglades City and ffi a Joint Participation Agreement with the FDOT. Policy 12.6: [Revised text, page 18] The County will shall participate in the MPO planning process as a voting presence on the MPO Board and the Technical Advisory Committee (T AC). Policy 12.7: [No change to text, page 18] Policy 12.8: [Re-entered previously deleted text, page 19] Any adopted transit development plan shall include an acceptable level of service standard for transit facilities. Policy 12.9: [Returned re-numbering to original order, revised text, page 19] The County shall include capital expenditures for any adopted transit development plan in the Capital Improvement Element. Policy 12.10: [Returned re-numbering to original order, revised text, page 19] The County shall incorporate herein by reference the most recent Public Transportation Development Plan and Public Transit Operating Development Plan adopted by the Board of County Commissioners. EAR-TE CCPC Final 3-22.06 G: Comp, EAR Amendment Modifications, CCPC Final 3-22-06 Words underlined are added; words struok through are deleted. Words double underlined in red are 19 added; words double strlolsk ti;:tr@\;l1!lR in red are deleted - both since 2-23-06 version. Sanitary Sewer Sub-Element 3-23-06 I. INTRODUCTION [New text, page SS-24] The purpose of the Sanitary Sewer Sub-Element is to provide for the health and safety of the residents of Collier County by ensuring adequate wastewater collection and treatment facilities that are cost-effective and environmentally sound. Such facilities may be provided through the Collier County Water-Sewer District, private utilities, other public utilities that operate within portions of the unincorporated County, or (in certain areas) private septic systems. In addition to collection and treatment of residential and commercial wastewater. the Sanitary Sewer Sub-Element also contains provisions regulating the reuse of treated effluent for irrigation purposes. Regardless of the service provider, or the manner in which service is provided to the customer, the provisions of the Sanitary Sewer Sub-Element shall be designed to ensure a safe, consistent and quality level of service for all customers. Goal, Objectives and Policies Sanitary Sewer Sub-Element GOAL I: [Number Removed, page SS-25] OBJECTIVE 1...1-: [Renumbered, page SS-25] Policy 1.1...1-: [Renumbered, page SS-25] Policy 1.1.2: [Renumbered, revised text, page SS-25, SS-26] Consistent with the ~ growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map (Figure SS-l); the Existing and Future Sewer Service Areas map, which includes the Rural Transition Water and Sewer District (Figure SS-2). the Ihlral Traft:~lti~m '-Vater afta Se'::er DLtnet P.1ira:~0l map (Fig;lue P'-\' 2.1 ift the Pota~le Water Sli~ elemeNt); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County, at its discretion, may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay (RLSA); Tov;ns, Villages, Hamlets, and Compact Rural Developments v/ithin the Rural Lands Stewardship ,A.rea Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stevlurdship ,'\rca Overlay RLSA. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship "A.rea Overlay RLSA: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities, and; Towns, Villages and those Compact Rural Developments greater than one hundred (l00) acres in size are required to be served by central sewer facilities, and, Compact Rural Developments that are one hundred (100) acres or less in size may be required to be served by central sewer facilities, depending upon the permitted uses Words underlined are added; words struok through are deleted. Words double underlined in red are added; words double 8trElE)I~ througfl in red are deleted - both since 2-23-06 version. 1 Sanitary Sewer Sub-Element 3-23-06 within the Compact Rural Developmeut. These facilities may be provided by the priYute sector, an independent ,:;aste\.vater authority, or some other non County utility provider. The private sector, Collier County, an independent wastewater authority, or some other non-County utility provider may provide these facilities, For the purposes of this policy and policies 1.+4, -!--:5. 1, and -h5.3 of this Sub-Element, within the Rural Lands Stewardship ,'\rea Overlay RLSA, the term ~central sewer facilities: includes- decentralized community treatment systems; and, innovative alternative wastewater treatment systems such as decentralized community treatment systems, shall not be prohibited by this policy provided that they meet all applicable regulatory criteria of Chapter 64E-6 F.A.c. A decentralized community wastewater treatment system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with upplicablc regulations Chapter 64E-6 F.A.c. System facilities located on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy -h2.1 of this Sub-Element. Policy 1.1-.3: [Renumbered, revised text, page SS-26] By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County ':fill establish and implement a program requiring that private sector sanitary sev;er service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and service criteria, including level of scrvice provided, consistcnt '-'lith the goals, objectives and policies of this Plan, for the expansion and/or replacement of their facilities to correct existing deficiencies and provide for future growth ,:;ithin their respecti'le service areas. ,'\lso, County Ordinance 80 112 requires any ne\.v de';clopment connecting to private STP submit capacity availability information v;ith building permit applications. The Collier County Water and Wastewater Authority (Authority), established by County Ordinance Number 96-6, regulates the operations of private sector wastewater treatment utilities that provide sanitary sewer services to portions of unincorporated Collier County. All such private sector sanitary sewer service providers are required to meet the County's adopted wastewater treatment Level Of Service (LOS). All private sector sanitary sewer service providers shall file an annual statement with the Authority that provides current operating information including, but not limited to: a statement of current policies and service criteria, the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for wastewater treatment. The annual report shall also document any necessary or proiected facility expansion and/or replacement proiects that are required to correct observed deficiencies, Words underlined are added; words struck through are deleted. Words double underlined in red are added; words double 8tfl,wk thr@[,j~h in red are deleted - both since 2-23-06 version. 2 Sanitary Sewer Sub-Element 3-23-06 Policv 1.4: [New text, page SS-26] Collier County Ordinance Number 80-112 requires new development proiects that propose to connect to private sector sanitary sewer service utilities to provide a letter of adequate capacity to the Collier County Building Review and Permitting Department at the time of application for a building permit. Policy I.M ~: [Renumbered, revised text page SS-26] Collier County shall PQermit development of package sewage treatment plant systems in areas identified in Policy 1.1-:2, on an interim basis until County service is available. The County shall A~llow individual septic systems within the County only when connection to an existing central system is not withIn. 200 line~IL feel.. ot the closest J2!.ODert~e. readily ~H::)tH~;~:,:;i13le to ren€l.er :;erviee. and note that In portions of the County where septic systems are allowed, at such time as and future County or other central sewer service becomes available within 200 lineal feet of the DrODert y-line, said septic systems will be required to connect to the County rogional appropriate central sanitary sewer system. Within the Rural Lands Stewardship Overlay, consistent with E.~olicy 1.1-:2: septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred (100) acres or less in size depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until central service is available, Poliey 1.1.5: [Deleted text, page SS-26] Continue enforcement of ordinances requiring connection of existing and no',v dovolopment to contral sanitary sewer systems \.yhen they become available, Connections to a central system shall be mado pursuant to Collier County Ordinance 88 4. Policy 1.1.6: [Renumbered, revised text, page SS-26] The County ~~hall give Master ~E.lanning and budgetary emphasispriority to regional sanitary sewer system projects-,- which will provide the means for phase out and connection of existing package sewage treatment plants and areas\\!here seDtic tank use of R:;h @OFl.eentratH.lR.J of ::eptle lal'lL v:here S:'10R famlitic.. may reasonably be expected to adversely affect public health and safety or the environment, or fail to meet the performance standards for such facilities in Chapter 64E-6, F.A.c. Policy 1.1.7: [Renumbered, revised text, page SS-27] Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service will ~billl be Words underlined are added; words struok through are deleted, Words double underlined in red are added; words double struck throCJgh in red are deleted - both since 2-23-06 version, 3 Sanitary Sewer Sub-Element 3-23-06 connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance Number Ol-57, adopted October 23, 2001, and District construction and operating policies. OBJECTIVE 1.2: [Renumbered, revised text, page SS-27] By the time mandated for the adoption of land development regulations pursuant to Chapter 163,3202, F.S., including any amendments thereto, implement procedures to ensure that at the time a No development order is shall be issued, by Collier County without demonstration that sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.2.1: [Renumbered, revised text, page SS-27, SS-28, SS-29] The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY SERVICE AREA LEVEL OF SERVICE STANDARD Collier County Facilities North Sewer Service Area South Sewer Service Area Southeast Sewer Service Area Northeast Sewer Service Area East Central Sewer Service Area Marco Island Sewer District Unincorporated Service ,'\rca fMarco Shoresj City of Naples Facilities Unincorporated Service Area Everglades City Facilities Unincorporated Service Area 145 gpcd -l-OO 120 gpcd 100 & 120 gpcd 120 & 145 gpcd 120 gpcd 100 gpcd 145 gpcd 100 gpcd Independent DistrictslPriYate Sector Systems Orangetree Utilities Immokalee Water and Sewer District Florida Governmental Utility Authority 100 gpcd 100 gpcd 100 gpcd Private Sector Systems * Words underlined are added; words struck through are deleted. Words double underlined in red are added; words double 61trblElk tblrObl\3A in red are deleted - both since 2-23-06 version. 4 Sanitary Sewer Sub-Element 3-23-06 2: The standards hereby adopted are.. the follmving sewage flow design standards in (Source: Chapter lOD 6 64E-6008, Florida Administrative Codef~unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF E8T,",.BLI8HMENT C,A..LLON8 PER D,\ Y (CPD) CommereiaI 1Ajrports a. Per passenger b, ,'\dd per employee Barber and Beauty shops (per chair) Bov,rling ,'\lleys (toilet '.vastes only per laHef Country Club a. Eper resident member b. Eper member present c. Eper employee Dentist Offices a. Eper '.yet chair b. Epor non v/Ot chair Doctors Offices (per doctor) Factories, exclusive of industrial \Yastcs (gallons per person pcr shift) a. ~no shov/ers provided b. ~sho'vVors provided Food Service Operations u. Qordinary restaurant (per seat) b. 21_hour restaurant (per scat) ~ W -tOO -tOO -tOO ~ W 200 W ~ w ~ W B Words underlined are added; words struok through are deleted. Words double underlined in red are added; words double fJtrw;;k thr8e1gh in red are deleted - both since 2-23-06 version. 5 Sanitary Sewer Sub-Element 3-23-06 TYPE OF EST,\BLISHMENT C,.....LLONS PER DAY (GPD) c. ~single service articles only (per person) ~ d. !!bar and cocktail lounge (per person) W e. .Qdrive in restaurant (per car ~;pace) 50 f. ~carry out only 1. rpor 100 square foet of floor space 50 2. ~add per employee ~ Hotels and Motels a, Regular (per room) WG b. Resort hotels, camps, cottages (per ~ person) c. ..1add for establishments v:ith self service 4GG laundry facilities (per machine) Office Building (por worker) ~ Service Stations (per bay) .soo Shopping Contcrs 'llithout food or laundry g:+ (per square foot of floor space) Stadiums, Race Tracks, Ball Parks (per ~ seatf Stores ('.vithout food service) a. rprivate toilets, for employees only (per ~ employee) b. rpublic toilets (per squaro foot of floor M spaeet Theaters a, Indoor, auditoriums (per seat) ~ b. Outdoor, drive ins (per spaco) M Trailerl110bile Home Park (per trailer ~ spaeet Travcl TrailorlRecreational Vehicle Park a, Trayel trailer (oyornight), without '.vater 50 and scv,'er hook up (per trailer space) b, ..1add for '.vater and se',ver hook up (per WG trailer space) S',vimming and bathing facilities (per M person) Institutional Churches (per soat) ~ Hospitals (per bed) ~ Nursing, rest homes (per person) WG Parks, ~ public picnic facilitios a. Y{v:ith toilets only (per person) ~ Words underlined are added; words struck through are deleted, Words double underlined in red are added; words double €)tn,I€I~ thret4!'jh in red are deleted - both since 2-23-06 version. 6 Sanitary Sewer Sub-Element 3-23-06 TYPE OF ESTABLISHMENT Ct..LLONS PER DAY (CPD) b, Y{with bathhouse, showers and toilets W (per person) Public institutions other than schools and +00 hospitals (per person) Schools (per student) a, .Qday type ~ b. ~add for shovlers ~ c, ~add for cafeteria ~ d. ~add for day school workers ~ e, !!boarding type ~ '.VorklConstruction camps semi permanent ~ (per \vorker) Resideatial Residences a. Single family (per bedroom) .gg b. ~apartment (per bedroom) .gg c. Mobile home not in a trailer park (per .gg bedroom) d. Othor (per occupant) ~ Footaotes: 1. For food seryice operations, kitchen wastewater flows shall normally be calculated as sixty six percent (66%) of the total establishment wastewater flo'.;'1. 2, Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average se'.vage volume expected from restroom facilities. Policy 1.2.2: [Renumbered, page SS-29] Policy 1.2.3: [Renumbered, page SS-29] Policy 1.2.4: [Renumbered, revised text, page SS-30] The County shall Af!nnually review historical sanitary sewer demand records and adjust these LOS standards. as referenced in Policy 2,1, if so indicated by said annual review. OBJECTIVE 1.3: [Renumbered, revised text, page SS-30] The County wtU 81aIl continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and sept age. and wtU ~l:Edj also ensure that such practices are followed by private utilities regulated by the County. Words underlined are added; words struok through are deleted. Words double \:!!l~...r:!lE!.~d in red are added; words double struok throUg~l in red are deleted - both since 2-23-06 version. 7 Sanitary Sewer Sub-Element 3-23-06 Policy 1.3.1: [Renumbered, revised text, page SS-30] The County shall Include maintain sludge de-watering and stabilization facilities ","ith all for use by County wastewater treatment pl-aHts operations to produce sludge de-watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. The County shall ensure that private wastewater utilities regulated by the County follow s~(ch,:;irnilar practices. OBJECTIVE 1.4: [Renumbered, page SS-30] Policy 1.4.1: [Renumbered, revised text, page SS-30] The County shall Nrregotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where SL~CJL_~!~.ill:~L.l:'t]J!!.~.!H ::~ml<: i1 is available from existing and future wastewater plants. Policy 1.4.2: [Renumbered, revised text, page SS-30] The County shall runtlllue tlL~onnect existing and future publicly owned lands that an:: suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians~ when economically feasible fiR@! lR aeeoniaRee ';,'ith tke @!ireetitm iil9S pol1Cj of thl:': 8uard of ClJtlRl:, Cu[cmi:;:[UnCL, Policy 1.4.3: [Renumbered, revised text, page SS-30] The County shall continue to ~onnect existing and future privately owned land;:.. ~ suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks, when economically feasible liFl0. in aeeonicmee ':.itf.i. tMe @!ireeti0fi afitJ p0lie:,' Df the goartl of C()unt:~' Ccmuni,;:;iemer::. Policy 1.4.4: [Renumbered, revised text, page SS-30] At such time HnH as a source of treated effluent "vill be becomes available, the County shall permit the construction and connection of dual water systems (i.e., separate potable water and treated wastewater effluent networks) to the Ceounty's treated effluent irrigation system (i.e., separate potable '.vater and treated wastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy 1.4.5: [Renumbered, revised text, page SS-30] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, Words underlined are added; words struok through are deleted, Words double lJ!:lci~.rJlIl_~cj in red are added; words double ctrucl'. through in red are deleted - both since 2-23-06 version. 8 Sanitary Sewer Sub-Element 3-23-06 and all internal irrigation systems shall remam III private ownership and be master metered by the County. Policv 4.6 [New text] The Countv shall oromote the use of xeriscaoe techniques (drought resistant landscaoing) to minimize Datable water use for landscaoe irrigation. as described in Section 4.06.01 A.l.h of the Collier Countv Land Development Code. and ~omote and enforce the Water Irrigation Ordinance for Collier COu!!~y"-Qrd.Ln(lnce 02- 1 7. adQQ!:ed ~riL5L-_~QD~,__tg reduce potable w_ater use for irri&:ttion: Policy 1.4.'1: [Renumbered, revised text, page SS-30] The County will shall seek to expand the availability of irrigation water from supplemental watef sources through connection of connected such sources to the County's reclaimed water system. OBJECTIVE 1.5: [Renumbered, revised text, page SS-31] The County will shall discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies, Policy 1.5.1: [Renumbered, revised text, page SS-31] The County shall I)Qiscourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Boundaries on Figure SS-l of the Sanitary Sewer Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS-2 of the Sanitary Sewer Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: [Renumbered, revised text, page SS-31] The County will shall discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval Words underlined are added; words E:truok through are deleted, Words double~~rtL~d in red are added; words double ctruGI~ through in red are deleted - both since 2-23-06 version. 9 Sanitary Sewer Sub-Element 3-23-06 process in order to ffis.Hre ensure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all gg& FDEP permits. Policy 1.5.3: [Renumbered, revised text, page SS-31] As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.-h2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development fs. are permitted to connect to these collection lines, Under criteria, properties may be eligible for central sanitary sewer service from Collier County Utilities, or a private sector utility or findependent district, within the Receiving Areas identified in the Rural Transition Water and Sewer District, depicted on the Existing and Future Sewer Service Areas map (Figure SS-2) of the Sanitary Sewer Sub-element, subject to availability. Qualifying criteria will shall be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for central sanitary sewer service eligibility may include, but are not limited to, plans for development which utilize creative planning techniques such as clustering, density blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future, Central Sanitary Sewer collection lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. EAR-SS S-E CCPC Final 3-23-06 G: Camp, EAR Amendment Modifications, CCPC Final kvl-dw3-23-06 Words underlined are added; words ctruok through are deleted. Words double underlined in red are added; words double Eltr<i€h tRro(,J~h in red are deleted - both since 2-23-06 version. 10 Potable Water Sub-Element 3-23-06 I. INTRODUCTION [New Language, page PW-22] The purpose of the Potable Water Sub-Element is to provide for the health and safety of the residents of Collier County by ensuring adequate potable water supply and distribution facilities that are cost-effective and environmentally sound, Such facilities may be provided through the Collier County Water-Sewer District. private utilities, other public utilities that operate within portions of the unincorporated County, or (in certain areas) private supply wells. In addition to the supply and distribution of potable water for residential and commercial purposes, the Potable Water Sub-Element also contains provisions related to establishment of new potable water sources, water conservation, and irrigation, Goal, Objectives and Policies Potable Water Sub-Element GOAL I: [Number Removed, page PW -23] OBJECTIVE 1.l: [Renumbered, revised text, page PW -23] The County shall locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources <tad the aCOlnsition of l<md neces~ for such develooment shall be based upon the information, guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated annually), the Collier County Water-Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. Policy 1.1.l: [Renumbered, revised text, page PW -23] The County shall Gf.ontinue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. Policy 1.1.2: [Renumbered, revised text, page PW -23] The County shall Gf.ontinue to implement a program for the protection of existing and potential potable water supply sources. Policy 1.1.3: [Renumbered, revised text, page PW -23] The County shall continue to !identify sufficient quantities of water sources to meet the County's estimated growth-related needs. Potential water sources could include any and/or all of those potential sources identified within the County's Ten-Year Water Supply Facilities Work Plan, the Collier County Water-Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. Words underlined are added; words struok through are deleted, Words double underlined in red are added; words double 8truGk through in red are deleted - both since 2-23-06 version. 1 Potable Water Sub-Element 3-23-06 Policy 1.4: [New text, page 23] The County w#4 shall coordinate with the South Florida Water Management District and other regulatory agencies in implementing effective linkages between growth management and water planning, Policy 1.5: [New text, page 23] The County w#4 shall coordinate with the South Florida Water Management District in the development of the Water Master Plan Update. which is the primary planning document for the Collier County Water-Sewer District. Policy 1.6: [New text, page 23] The County w#4 shall coordinate with the South Florida Water Management District to produce future plans for water supply as described within the Water Master Plan Updates that ensure the County's ability to maintain its stated Level of Service standard, Policy 1.7: [New text, page 23] The County w#4 shall reference the water supply guidelines of the most current version of the South Florida Water Management District's Lower West Coast Water Supply Plan in developing any future required Water Supply Facilities Work Plan. OBJECTIVE 1.2: [Renumbered, revised text, page PW -23] The County will shall implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will shall be expanded as necessary to provide for future growth, as provided for in the following policies. Policy 1.2.1: [Renumbered, revised text, page PW -23] The Collier County Water-Sewer District shall Gfontinue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and the Collier County Water-Sewer Watef Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: [Renumbered, revised text, page PW -23, PW -24] Consistent with the ~ growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map Words underlined are added; words ctruok through are deleted. Words double underlined in red are added; words double struck through in red are deleted - both since 2-23-06 version. 2 Potable Water Sub-Element 3-23-06 (Figure PW-l); the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; ';:itkin tke RMra] Tnm:;iti(jfi \\later ana Se';:er Distriet Mira:;o] IllafJ (I\;E1fe PW 2.1); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (l00) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility provided. For the purposes of this policy and policies h2.4, h5. 1 ,and h5.3, within the Rural Lands Stewardship Area Overlay, the term ~central potable water facilities: includes decentralized community treatment systems-;--tH1€l,. Innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy 1.2.3: [Renumbered, revised text, page PW -24] By the time mandated for tho adoption of land development regulations pursuant to Chapter 163.3202, F.8., including any amendments thereto, require to the extent of tho County's aHthority private sector potable \-vater service utilities, establish and file 'l/ith the County a statement of their policy and criteria, consistent '.vith the goals, objectives and policies of this Plan for the expansion, replacement, and/or repair of their facilities to correct existing deficiencies and provide for future growth within their respective service areas-: The Collier County Water and Wastewater Authority (Authority). established by County Ordinance Number 96-6, regulates the operations of private sector potable water treatment utilities that provide potable water supply services to portions of unincorporated Collier County. All such private sector potable water supply service providers are required to meet the County's adopted potable water treatment Level Of Service (LOS). All private sector potable water supply service providers shall file an annual statement with the Authority that provides current operating information regarding the private sector service provider, including, but not limited to: a statement of current policies and service criteria, the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for potable water treatment. The annual report shall also document any necessary or proiected facility expansion and/or replacement projects that are required to correct observed deficiencies. Words underlined are added; words 6truok through are deleted. Words double underlined in red are added; words double f;:trlJol'.: throlJgh in red are deleted - both since 2-23-06 version. 3 Potable Water Sub-Element 3-23-06 Policy 1.2.4: [Renumbered, revised text, pages PW -24, PW -25] Collier County shall I!Qermit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Irnmokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW-1); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; within the Rural Transition Water and Sewer District - Mirasol map (Figure PW-2.1); in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within an area to receive County Viator service the Collier County Water-Sewer District, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW -Ion an interim basis until a centralized potable water supply system is available; findividual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available}; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW -1, and outside of Towns, Villages and those Compact Rural Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay - all areas where potable water supply systems are not anticipated. However, individual potable water supply wells mayor may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available, Policy 1.2.5: [Renumbered, revised text, page PW -25] The County shall Gfontinue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Words underlined are added; words E:truok through are deleted. Words double underlined in red are added; words double otru€il~ thmbJ@h in red are deleted - both since 2-23-06 version. 4 Potable Water Sub-Element 3-23-06 Connections to a central system shall be made pursuant to Collier County Ordinance 01- 73, adopted December 11,2001. Policy 1.2.6: [Renumbered, revised text, page PW-25] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 01-57, adopted October 23, 200l, or its latest revision, and District construction and operating policies. OBJECTIVE 1.3: [Renumbered, revised text, page PW -25] By the time mandated for the adoption of land development regulations E.rursuant to Chapter 163.3202, F.S" including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.3.1: [Renumbered, revised text, pages PW-25, PW-26, PW-27, PW-28] The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Revie'vV of water usago data indicates the LOS standard for finished water should remain at 185 gpcd. Review of the historical ratio of residential to non-residential demand indicated that approximately 17% of the total water usage is non-residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. LEVEL OF SERVICE FACILITY CAPACITY FACILITY/SERVICE AREA COLLIER COUNTY F f...CILITIES Collier County WaterLaH-El Sewer District Goodland Water District Marco Island Water District Unincorporated Service Area {Marco Shorest CITY OF NAPLES FACILITIES Unincorporated Service Area EVERGLADES CITY FACILITIES Unincorporated Service Area LEVEL OF SERVICE STANDARD 185 gpcd 185 gpcd 185 gpcd 185gpcd 185 gpcd Words underlined are added; words struck through are deleted. Words double underlined in red are added; words double 8trl,lGI{ tRrs\,J!'jA in red are deleted - both since 2-23-06 version. 5 Potable Water Sub-Element 3-23-06 INDEPENDENT DISTRICTSIPRIVATE SECTOR SYSTEMS Orangetree Utilities Immokalee Water and Sewer District Florida Governmental Utilities Authority 100gpcd 100gpcd 100gpcd The standard hereby adopted is the follo'.ving '\vaste'llater" flo'.v design standards, unless other.vise apprm'ed by the Board of COImty Commissioners to address economic, social and construction method variatiofls bet\veen indi'/idual systems. (Source: Chapter lOD 6, Florida ,^.dministrati'lc Code) TYPE OF ESTABLISHMENT CALLONS PER D,\ Y (CPD) Commereial ,^jrports a. Eper passenger ~ b, ~add per employee :2:G Barber and Beauty Shops (per chair) -l-OO Bo\v ling ,'\lleys (toilet '.vastes only per lane) -l-OO Country Club a. Eper resident member -l-OO b. Eper member present ~ c. Eper employee :2:G Dentist Offices a. Eper '.vet chair ~ b. Eper non \vet chair :3G Doctors Offices (per doctor) ~ Factories, exclusive of industrial wastes (gallons per person per shift) a. ~no sho'.vers provided :2:G b. ~showers provided ~ Food Service Operations a. Ordinary Restaurant (per seat) :3G b. 24 hour Restaurant (per seat) B c. Single Service articles only (per person) ~ d. Bar and Cocktail Lounge (per person) W e. Drive in Restaurant (per car space) :3G f. Carry Out only i. Eper 100 square feet of floor space :3G ii. ~add per employee :2:G g. Institutions (per meal) ~ Hotels and Motels a. Regular (per room) ~ b. Resort Hotels, Camps, Cottages (per person) B Words underlined are added; words ctruck through are deleted. Words double underlined in red are added; words double strElsl~ through in red are deleted - both since 2-23-06 version. 6 Potable Water Sub-Element 3-23-06 c. ~add for establishments with sel~ service laundry facilities (per machine) Office Building (per employee per 8 hour shift) Service Stations (per '.vater closet and per urinal) Shopping Centers v;ithout food or laundry (per square foot of floor space) Stadiums, Race Tracks, Ball Parks (per seat) Stores per square foot of floor space Sv;imming and Bathing Facilities, public (per person) Theaters a. !indoor, '^1uditoriums (per seat) b, Outdoor, Driye ins (per space) TrailcrlMobile Home Park (per trailer space) Tra'/el Trailer/Recreational Vehicle Park a. Trayel Trailer (overnight), without '.vater and se'ller hookup (per trailer space) b, Travel Trailer (overnight), '.vith wator and se'.ver hook ups (per trailer space). INSTITUTIONf-AL Churches (per seat) Hospitals (per bed) (does not include kitchen noastenoater flo"'s) "11 vv yy Nursing, Rest Homes (per bed) (docs not incl\:lde kitchen wastewater flov;s) Parks, Public Picnic a. ~v/ith toilets only (per person) b. ~with bathhouse, showers and toilcts (per person) Public Institutions other than Schools & Hospitals (per person) Schools (per student) a. Qday type b. b:.add for sho'.vers c. b:.add for cafeteria d. ~[ldd for day school '.Yorkers e, Rboarding type Work/Construction Camps Semi pcrmanent (per worker) RESIDENTIA.L Residences a. Single or IlRlltiple family (per dwelling unit) 1 bedroom and 600 square feet or less heated or cooled area bedrooms 400 w ~ M ~ M -l4 ~ -l4 W9 B +00 J W +00 ~ -l4 +00 ~ ~ ~ ~ B ~ ~ Words underlined are added; words struok through are deleted. Words double underlined in red are added; words double €ltrl;l@I{ thn;lboJgh in red are deleted - both since 2-23-06 version. 7 Potable Water Sub-Element 3-23-06 ~and 601 1000 square feet heated or cooled area 3 bedrooms and 1001 2000 square feet heated or cooled area 1 or more bedrooms and more than 2000 square feet heated or cooled area b. Other (per occupant) JOG ~ 600 B FOOTNOTES: 1. For food service operations, kitchen ',vastev;ater flo ',v s shall normally be calculated as sixty six percent (66%) of the total establishment \vastev/ater flo'.v. 2, Systems serving high volume establishments, such as fast food restaurants and service stations located noar interstate type highways, require special sizing considerations due to above average se'.vage volumo expected from restroom facilities. Policy 1.3.2: [Renumbered, revised text, page PW -28] In order to ensure that these Level of Service Standards contained in Policy 3.1 are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.3.3: [Renumbered, revised text, page PW -28] These Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 1.3.4: [Renumbered, revised text, page PW -28] The County will aAnnually review historical potable water demand records and adjust these Level of Service Standards contained in Policy 3.1 if so indicated by sffid--the annual reVIew. OBJECTIVE l.4: [Renumbered, revised text, page PW -28] The County will shall continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Words underlined are added; words etrucl< through are deleted, Words double underlined in red are added; words double 8trld€ll, tF-imugh in red are deleted - both since 2-23-06 version. 8 Potable Water Sub-Element 3-23-06 Policy 1.4.1: [Renumbered, revised text, page PW-28] The County shall Nnegotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where such treated effluent same is available from existing and future wastewater treatment plants. Policy 1.4.2: [Renumbered, revised text, page PW -28] The County shall ~ontinue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible, Policy 1.4.3: [Renumbered, revised text, page PW -28] The County shall ~ontinue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks when economically feasible. Policy 1.4.4: [Renumbered, revised text, page PW -28] Tke Cmul.t)' sRall P~nnfl€lte tke lLe of xerl:,ea~e teekni~u€:; (ann~,;kt resi,;tnnt lafiac;@!iF1iff';) to F'lli ffimize fletab Ie ';;ater tl:c fer laffa:;eapil9.'; irri;:;atlO R, a:, de~;€ri!ge€l IR Di';i:;iel9. 2.1 S€etI0RI.O~.O I .\.I.R, 0f the Collier Count;' Lana De';elo~19.12fit Code. At such time as a source of lreated effluent becomes available. the County shall oermit the construction and connecti~)Jl of dual wa~stem~ seDarate Datable water and treated wastewater effluent networks) to the County's treated effluent irri!!ation svstem in new subdivisions, .QroVid(~d that said connec:lion callS~s 110 advers~ im.2act to the D()Vlbl~ water,system. Policy 1.4.5: [Renumbered, revised text, page PW -29] The CmHity skall Pi3r0fi1ote aRd effferee the '.~.'ater Irn;:;ation OraiRlulee f0r CollIer COlHHj', OrainaRe€ D>JttmlJer 02 I:, aao~te€l .'\f3ril (), 2002, to realwe flotafll€ ';:ater tee i€w irri,;ati 0R. Where Community Deyelaoment Districth. 01 other sllnilar soeclal n dIstricts are established ta Drovide a tool for develcmers to finance infrastructure or other-purp.2:-;~.:>. wholly or partially within the Collier County- Watel:-Sewer District. and wheresus,h districts make orovisions for.lrri!!ation Vie} ,dual 5Yslems_JJli1i~ing effluentand/or .Q.1h~I irr.i.gg,tion sources. said systems shallbe connected tOJhe r~ional system when availaQJ~-, and all internal irrigation ~stems shall remain in private awnersl!.i.Qand be,l!!fls..t~} metered by the Count]. Policy 1.4.6: [Renumbered, revised text, page PW -29] /\t :,ugfi tiff10 a,) e;;g0:;:; effhlewt i,; 11" ailal~[e, tfie C01ll9.t)' shall penml 0off:Jnu:tioR c:nd ecnmeetioR of dual ';:ater :;y, :(12111.; tel (fie Co unt/; €frltteRt tnm~;Fni,;::ioFl ;;tem (1.c.. Words underlined are added; words strunk through are deleted. Words double underlined in red are added; words double otruok through in red are deleted - both since 2-23-06 version. 9 Potable Water Sub-Element 3-23-06 seIHifate fl0~a8le ',':ater and treated ?:3ste?:liWr effluent) in Re?: :;tl8di'.'ision~; v:lien tlie eOIEtrtletion ~md or CORReetir)fJ of a dual 'SaWr :;j':;tztFI ':;ill not ne;ati':dj' imfJaet tlie flota81e ',':liter sy.~tem~:; re;tllatory eomflli~ulee or 0fleratirHl. 1;:he Countvsha!l.2!:S:)Inote the use 91 ~~ris~'!2~ techni<..J..l:l~licirought resistant landscaDin!2:) to mi nimized2oQJ~h~~\lltL~!:"!k~j:o r, I andss;a~jq)1@Ji911,,:tsJksgjQ~cijn Se!: ti on_ i 06~Ql &11101' the Collier County Lmd DeveloDment Code.and oromote and enforce the Water Irrigation Ordinance for Collier County ~ _.Qrs:tiI1ance__02- I 7, adQPted Amil 9. 2002. to reduce Datable water lIse for irIig~UorL Policy 4.7 The Count\- shall seek to expand l~lll1~ili1.r 01 irqE:..<:ttlOn water from suoolemental sources through connection of such sources to the ~O~~'l!Y\ l:eclaimed water 5.Y'iLem Poliey 1.4.7 Deleted [Deleted text, page PW -29] OBJECTIVE 1.5: [Renumbered, revised text, page PW -29] The County ~ shaH discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies, Policy 1.5.1: [Renumbered, revised text, page PW -29] The County wt!-J. ~.!!alJ discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW-l of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: [Renumbered, revised text, page PW -29] The County ~ ?hal1 discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to ensure maximum utilization of the existing and planned public facilities, No Words underlined are added; words struol< through are deleted. Words double underlined. in red are added; words double ctru€Jl~ through in red are deleted - both since 2-23-06 version. 10 Potable Water Sub-Element 3-23-06 existing private sector or potable wate.r treatment systems will shall be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all FDEP permits. Policy 1.5.3: [Renumbered, revised text, page PW -30] As provided for in the Rural Lands Stewardship Area Overlay, and in Policies -1-:-2.2 and -1-:-2.4 of this Sub-Element, central potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; in such instance no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is- are permitted to connect to these distribution lines. Policy 1.5.4: [Renumbered, revised text, page PW -30] [Adopted as Policy 1.5.3 (now 5.3) but re-numbered since the above Policy 1.5.3 (now 5.3) became effective first.] Under criteria, projects may be eligible for central potable water service from Collier County Utilities, or a private sector/independent district, within the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW -2) of the this Potable Water Sub-element, subject to availability. Qualifying criteria will shall be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Ai=ea5 Lands of the Rural Fringe Mixed Use District (RFMUD), Criteria for potable water service eligibility may include, but are not limited to, plans for development,. which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights {TDRsl from identified cn'lironmentally sensitive areas RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands ffiaJ' are permitted to connect to the distribution lines. EAR-PW S-E cCPC Final 3-23-06 G: Camp, EAR Amendment Modifications, CCPC Final kvl 3-23-06 Words underlined are added; words struck through are deleted. Words double underlined in red are added; words double stn,ll5l{ thr€lEl@Jh in red are deleted - both since 2-23-06 version. 11 Drainage Sub-Element 3-23-06 I. INTRODUCTION [New Language, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County. there are two (2) primary service providers with regard to the provision of stormwater management services. The County's ~t€lmJ:;;atgr MaHaggHigRt ~g@ti€lH (~art €If tR@ R€las :MaiHt€HaHee De~artHieAt) TransDortation Services Division maintains drainage systems associated with County and State Roadways as well as. TkiD :;)'steHl @f snliAaps ...;a:,':; is referr@s to a:; the Secondary Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water Management District (SFWMDt maintains the larger. regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However. management of stormwater is concerned not only with flood prevention (a quantity issue). but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue), Such pollutants can include oils, greases. heavy metals. pesticides. fertilizers and other substances. which can have a deleterious impact on the County's natural systems and, above all, its groundwater quality. Note that. in this respect. there is overlap in the intended purpose between the Drainage and Natural Groundwater Aquifer Recharge Sub- elements: both seek to protect aquifer recharge areas. However. the emphasis of the Drainage Sub-element is on surface water protection. whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub-element is on groundwater protection. The term "stormwater management" refers to a set of comprehensive strategies for dealing with both stormwater quantity and stormwater quality issues. The primary component of these strategies is the need to ensure that the volume. rate. timing and pollutant load of stormwater runoff after development is similar to that which occurred prior to development. To accomplish this task, stormwater management entities employ a combination of structural and non-structural techniques, Non-structural techniques emphasize preservation or restoration of natural drainage features to promote infiltration. filtering and slowing of runoff. Structural techniques include the variety of man made channels and control structures maintained within the primary and secondary drainage systems. The objective of stormwater management is to develop a combination of techniques. which provides for adequate pollutant removal and flood protection in the most economical manner. One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design, Subsequent development upstream must then utilize stormwater management techniques and systems. which will maintain predevelopment runoff conditions so that the capacity of the downstream portion of the watershed is not exceeded. In this respect. there is an overlap between the intended purpose of the Words underlined are added; words e:truok through are deleted. Words double underlined in red are added; words double otn,jgl, thfQl,J~h in red are deleted - both since 2-23-06 version. 1 Drainage Sub-Element 3-23-06 Drainage Sub-element and Goal 2 of the Conservation & Coastal Management Element, including the Watershed Management Plans discussed under Obiective 2,1 of the CCME. Goal, Objectives and Policies Drainage Sub-Element GOAL 1: [Renumbered, revised text, page 1] COLLIER COUNTY SHALL PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: SYSTEMS) (CAPITAL FACILITY PLANNING FOR DRAINAGE [Renumbered, revised text, page 1] The County shall utilize Via the Annual Update and Inventory Report on Public Facilities (ADIR) process, aflfiually to update the Drainage Atlas Maps and Channel/Structure Inventory components of the adopted Water Management Master Plan and to verify the existing watershed basin boundaries within Collier County, The County will also -Vyerify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards.:. This information shall be used to fef inclusion of needed programming of operational funds in the Annual County Budget and to identify necessary capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy 1.1.1: [Renumbered, revised text, page 1] THe COtHitj' sHall 0oRtil1l:lallj' MmoRitor a€loflle€l e~j:;til1; ';;~i1er m~tl1li;e111e!'lt flmee€ll:lres that are il1 fllaee to e!'l:;ure tHat eJ<i,;til1; !'lattlral :;)'::te111::, e~~i:JtiR; ae';el0fJfil€l1L, al1€l propo:;ed de';elofJ!'llC!'lts y.-ill reeei \'e 0el1efieial eOl1:;i€lerutiol1 from il1 fJH:Jflo:;ed ';;aler ffl[ma;em,el1t flroeedtlre:; an€l flrojeeL FtHure tlflaate:; aRa re\'i:;io!'l.: to ?;aler mal1a;~:mlel1t flwee€lures SHall refleet fieees:;ar)' eHan;;ea eORaitil)fl:; efiafi;e:; ifi tHe fie';; te€Hfii~tle:; a:; idefitified tl=trou;1=t Immitorifi; aeti';iticd' The County shall update and revise stonnwater management maintenance orocedures and capital oroiects based Qn, continual __ facilitie~ -12erformance monitoring activities. Consideration wilJ be 2iven to natural systems as identified in Policy 2.1.4 of the Conservation and Coastal l"vlana2ement Element. existin2 develooments and orooosed develooments. Policy 1.1.2: [Renumbered, revised text, page 1] County drainage system capital facility planning shall be designed Outline how to implement procedures and projects in a manner to ensure that adequate stormwaler Words underlined are added; words struok through are deleted. Words double underlined in 2 red are added; words double 8tr14€Jlt thro14gh in red are deleted - both since 2-23-06 version. Drainage Sub-Element 3-23-06 management facility capacity is available at the time a development permit is issued, or that such adequate water management faeility capacity is a'lailable or will be available when needed to serve the development. Policy 1.1.3: [Renumbered, revised text, page 1] The County shall ~ontinue to develop public drainage facilities, which Ie maintain the groundwater table as a source of recharge for the County's potable water aquifers~ aftEl meet the provide a source of irrigation water aee4s for agricultural. horticultural and golf course and commercial operations and provide water to native vegetation. Policy 1.1.4: [Renumbered, revised text, page 1] Contilll:le OR going efforts to eyahlate the feasibility of restoring surface water flow iato historical flow '.vays and utilizing them to help cORtrol discharge illtO the estuaries. The County shall continue to evaluate structural and non-structural measures for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Selected measures will be implemented through the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan. Policy 1.1.5: [Renumbered, revised text, pages 1, 2] Three (3) detailed basin studies are planned within the 5j'ear plaRning time frame as follows: Ofte ,~.' at€rsl=tga HaftagJ~ffleftt Plaft is eMrnmtly uftaerv:aj' afta s€ll=teaulea fur e0fflfllgti€lft a,! f011w.':s: RasiR C€lra0ft River E;~hmsi0R Belle Mea(:}e Iftlfi10kalee ~t8FtiRC: Date FY 9~,1(): FY ()8,1()() MaJ'. "991 FY 2000/200l COlllpletioR Date FY ()S/()() FY 2000/2991 .^.:flril. 200€J FY 2002/2993 .^Aaiti0ftal Watershed Management Plans will be undertaken as set forth in CCME Objective 2,1 of the Conservation and Coastal Management Element. ,A~S the studies are After each plan is completed, the results will be made available to the property owners located within the basin~ boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation of the studies: plan's recommendations. Paliey 1.1.(j [Deleted text, page 2] Words underlined are added; words ctruok through are deleted, Words double underlined in 3 red are added; words double 8trbJ€lk thr0bJ~h in red are deleted - both since 2-23-06 version. Drainage Sub-Element 3-23-06 Initiate sub basin studies on the Secondary Drainage System and portions of the basin 'Nithin the Urban Area. The status of se'/eral of the critical sub basin studies is as follows: Basin Startin2 Date Lei)' MainlBrallchfManor NIA Harvey FY 95/96 US 11 Outfall Swales NIA Implementation of these projects is currently uRdef','lay. Completion Date ~ FY 96/97 +9&6 OBJECTIVE 1.2: [Renumbered, revised text, page 2] The County shall Mmaintain adopted drainage level of service standards for basins and sub-basins identified in the Water Management Master Plan, Maintenance of the drainage level of service (LOS) identified for each basin will be implemented through the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of this Growth Management Plan. Policy 1.2.1: [Renumbered, revised text, pages 2, 3] The following levels of service for drainage are hereby adopted for the purpose of issuing development permits.:. ;. Upon completion of each associated Watershed Management Plan, the level of service will be modified, if warranted. A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinance Numbers 74-50.. afld-90-1O and 2001-27, and Land Development Code Ordinance Number 91 102 2004-41, as amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin Cypress Canal Basin Harvey Canal Basin 1-75 Canal Basin Green Canal Basin Airport Road Canal South Basin Corkscrew Canal Basin Orange Tree Canal Basin 951 Canal Central Basin D D D D C D D D C Words underlined are added; words Gtruok through are deleted. Words double underlined in 4 red are added; words double 8trEl15I{ tRr€lEl~f.1 in red are deleted - both since 2-23-06 version. Drainage Sub-Element 3-23-06 DISTRICT NO.6 SYSTEM - Rock Creek Basin C-4 Canal Basin Lely Main Canal Basin Lely Canal Branch Basin Lely Manor Canal Basin Haldeman Creek Basin Winter Park Outlet Basin COCOHA TCHEE RIVER SYSTEM Cocohatchee River Basin Pine Ridge Canal Basin Palm River Canal Basin COCOHATCHEE RIVER SYSTEM (eoBtiBHed) West Branch Cocohatchee River Basin East Branch Cocohatchee River Basin Airport Road Canal North Basin 951 Canal North Basin GORDON RIVER EXTENSION Gordon River Extension Basin Goodlette-Frank Road Ditch Basin HENDERSON CREEK BASIN Henderson Creek Basin F AKA-UNION SYSTEM Faka-Union Canal Basin Miller Canal Basin Merritt Canal Basin Prairie Canal Basin SOUTHERN COASTAL BASIN US-41 Outfall Swale No, 1 Basin US-41 Outfall Swale No.2 Basin Seminole Park Outlet Basin BARRON RIVER SYSTEM Okaloacoochee Slough Basin Barron River Canal North Basin Urban Immokalee Basin MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D C D D D D D D C D C D D D D D D D D C C D D C D C C D Policy t.2.~~: [Renumbered, revised text, page 4] The County's Enlarge the scope of the Water Management Master Plan te shall include recommendations for changing Levels of Service together with an analysis of capital requirements. OBJECTIVE 1.3: [Renumbered, revised text, page 4] Words underlined are added; words struolo( through are deleted, Words double underlined in 5 red are added; words double Gtrbl€lk thrsl-,j~h in red are deleted - both since 2-23-06 version. Drainage Sub-Element 3-23-06 Beginning '.'lith fiscal year 1996 97, a five year schedule of capital improvement needs for ',vater management facilities v/ill be maintained and updated annually in conformance '.'lith the reviev,' process for the Capital Impro';ement Element of this plan. The County shall maintain and annually update a five-year schedule of capital improvements for water management facilities in conformance with the annual review process described within the Capital ImprovementElement of the Growth Management Plan, Policy 1.3.1: [Renumbered, revised text, page 4] The County shall f)gevelop and maintain procedures to annually update water management facility demand and capacity information, Policy 1.3.2: [Renumbered, revised text, page 4] The County shall J2Qrepare periodic annual summaries of capacity and demand information for each water management facility and service area. Policy 1.3.3: [Renumbered, revised text, page 4] Collier County shall evaluate and rank Wwater management capital improvement projects ""ill be evaluated and ranked according to in accordance with the priorities stated in the Capital Improvement Element of this plan. Policy 1.3.4: [Renumbered, revised text, page 4] County improvements to existing Major emphasis shall be gi'/on to improving existing drainage facilities shall give maior emphasis to the maintenance of those facilities located within in and around the urban and estates designated areas (on the adopted Future Land Use Map), exclusive of Southern Golden Gate Estates to maintain their use. OBJECTIVE M: [Renumbered, revised text, page 4] The County shall Beginning with fiscal year 1996 97, develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with for those projects 'Nhich have been outlined the annual work program referenced in the adopted Water Management Master Plan and any future individual basin studies. Policy M.I: [Renumbered text, page 4] Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan, These projects shall be undertaken in coordination with the Big Cypress Basin/South Florida Water Management District 5 Year Plan. Words underlined are added; words struck through are deleted. Words double underlined in 6 red are added; words double otnwk tt1reb,lgh in red are deleted - both since 2-23-06 version. Dr. ainage Sub-Element 3-23-06 Politey M.2: [Renumbered, revised text, page 4] CollieJ County shall ~orrect eXIstmg deficiencies and provide for future water manM'~ment facility needs through the formulation and implementation of an annual work programs, In order to implement the annual work program, the County shall ~ncoUlrage the use of innovative funding sources mechanisms including, but not limited to HtH-.tnltion of special taxing or assessment districts. Policy .l-A,.3: [Renumbered, revised text, page 4] De'/elop apl:1blic awareness program to inform the governmentaJ leadership and general pl:1blic of the need to utilize total watershed management concepts \vithin the existing drainage sYJ)tems and the environmental enhancements that will result from their implementati'efr. The Count" ~,hall develop and maintain a stormwater management public awareness program, which will include, but not necessarily be limited to, a Collier County Stormwater Management website. The primary purpose of this program shall be to provide information regarding the County's stormwater management programs to the general public including, but not limited to. the environmental enhancements that will result from the use of total water management concepts within the existing drainage network. OBJECTIVE 1.5: [Renumbered, revised text, page 5] The County shall ~ontinue to regulate land use and development ffi in a manner that protect~ the functions of natural drainage features and natural groundwater aquifer recharge areas.:. Implementation of this Obiective will be consistent with the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element .of the Growth Management Plan, through and with relevant provisions contained within the adopted Land Development Code (Ordinance 91 102 Number 2004-41 as amended), Policy 1.5.1: [Renumbered, revised text, page 5] Collier County shall ~ periodically review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas, Policy 1.5.2: [Renumbered, revised text, page 5] Based upon the periodic review described in Policy 5.1. the County shall 9gevelop any appropriate new ordinances and regulations that are necessary to ensure protection of the functions of natural drainage fieatures and natural groundwater aquifer recharge areas. Words underlined are added; words t~truok through are deleted. Words double underlined in 7 red are added; words double &trelsl~ '[- "'~ in red are deleted - both since 2-23-06 version. Drainage Sub-Element 3-23-06 OBJECTIVE 1.6: [Renumbered, revised text, page 5] The County shall protect the functions of natural drainage features shall be protected through the application of standards that address the quality and quantity of discharge from stormwater management systems. Implementation of this Objective will be consistent with the Watershed Management Planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. This objective is made measurable through the following policies: Policy 1.6.1,;, [Renumbered, revised text, page 5] Projects shall be designed and operated so that off-site discharges will meet State water quality standards, as set forth in Chapter 17 302 62-302.300, F.A.C., as it existed eft ,'\ugust 31, 1999 at the date of project approval. Policy 1.6.2,;, [Renumbered, revised text, page 5] Collier County's Rretention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, Section 5.2, as it existed on ,'\ugust 31, 1999 at the time of project approval. Policy 1.6.3,;, [Renumbered, revised text, pages 5, 6] Collier County shall compute Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin d, Lely Canal Basin ~. Harvey Basin L Wi!!!!ins Pass Basin g. All other areas 0.04 cfs/acre 0.06 cfs/acre 0.04 cfs/acre 0,06 cfs/acre 0.055 d's/acre 0.13 d's/acre 0.15 cfs/acre Ia special cases, !The County may exempt projects may be exempted by the COUflty from these allowable off-site discharge rates if pro'/iding any of the following applies: 1. The project is exempt from allowable off-site discharge limitations pursuant to Section 40E-400.315, FAC. 2, The project is part of an existing SFWMD permit>. which allows discharge rates different than those listed above, Words underlined are added; words Gtruok through are deleted. Words double underlined in 8 red are added; words double 8trbJGI~ thr€lbJgh in red are deleted - both since 2-23-06 version. Drainage Sub-Element 3-23-06 3. It can be documented that the ~roject currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study prepared by a registered professional engineer, which utilizes the applicable criteria in the "SFWMD Basis of Review for Environmental Resource Permit Applications", The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site:specific information: a. Topography b, Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrographffi f. Depression storage capacity g. Receiving water hydro graph. and h, Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off-site discharge rate shall be de'leloped. EAR-Drainage S-E CCPC Final 3-22-06 G: Compo EAR Amendment Modifications, ccpe Final KVL .dw 3-22-06 Words underlined are added; words ctruok through are deleted. Words double underlined in 9 red are added; words double Gtrlcl€lh tArslcl@lR in red are deleted - both since 2-23-06 version. Solid Waste Sub-Element eepe Final 3-23-06 3-23-06 I. INTRODUCTION [New Language, page 1] The Solid Waste Sub-Element establishes a policy framework for Collier County's current solid waste management facilities and provides general direction for the further development of the County's solid waste management system in the future, The purpose of the Solid Waste Sub-Element is to assure the provision of cost effective and environmentally safe disposal of solid waste for the present and anticipated future residents of Collier County. The proper collection, processing, and disposal of solid waste is important to the health, safety and welfare of all Collier County residents. Improper disposal of solid and/or hazardous waste can contaminate drinking water or expose residents to environmental and public health risks. In addition to the safe and environmentally sound collection, processing and disposal of residential and commercial solid waste, the Solid Waste Sub-Element also contains provisions related to: monitoring for potential environmental impact pursuant to State and Federal rules and regulations and the associated permit conditions; the collection and disposal of hazardous materials; the County's recycling programs; and, solid waste recovery programs. Goal, Objectives and Policies Solid Waste Sub-Element GOAL 1: [Number Removed, page 1] PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOS,^~LMANAGEMENT IN A MANNER TO ASSURE THEIR PUBLIC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. OBJECTIVE 1~: (COLLECTION) [Renumbered, revised text, page 1] Collier County shall continue to +he maintonaflcc maintain ef a safe, dependable and efficient solid waste collection system. Present facilities meeting the current Level of Service includes two (2) franchise collection areas and three transfer stations Recycling Centers, as follows: a, Unincorporated County service area; b, Immokalee service area; c. Three (3) transfer stations Recycling Centers; 1. Naples Transfer Station Recycling Center 2. Marco Transfer Station Recycling Center 3, Carnestown Transfer Station Recycling Center Words underlined are added; words Gtruok through are deleted. Words double underlined in red are added; words double 8tnole!t thr€ll;j~A in red are deleted - both since 2-23-06 version. Solid Waste Sub-Element CCPC Final 3-23-06 3-23-06 Policy 1.1d: [Renumbered, revised text, page 1] The County shall Gfontinue to maintain and regulate commercial and tax-bill based residential collection costs to ensure efficient and dependable service affordable to all users. Policy 1.1.2: [Renumbered, revised text, page 1] The County shall Maintain retain its mandatory collection ordinance Number 90-30 as amended and the mandatory commercial recycling ordinance as amended. Policy 1.1.3: [Renumbered, revised text, page 1] The County shall ~ontinue to evaluate economic transfer and disposal systems including transfer stations the use of full-service recycling centers. Policy 1.1.4: [Renumbered, revised text, page 1] The County shall ensure ,'\ssure public awareness and participation in solid waste collection management issues by requiring that all such issues tB be addressed in advertised public meetings (!Xld0!p.l:.lbllf~~\l91'hshcw~. OBJECTIVE 1.2: (DISPOSAL) [Renumbered, revised text, page 1] The County shall ~ontinue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and shall continue to investigate improved methods and implement practices that meet this objective. Policy 1.2.1: [Renumbered, revised text, page 1] The County shall continue to Mmonitor groundwater wells- as required by the regulatory permit conditions for operation of the landfill and continue to closely evaluate the test data, DQeyelop remedial actions if conditions are not satisfactory in compliance with State and Federal rules and regulations. Policy 1.2.2: [Renumbered, revised text, page 2] The County shall continue to Implement and maintain leachate and gas management systems at County landfills as needed in order to comply with permit conditions. Words underlined are added; words &truol< through are deleted. Words double ~rlined in 2 red are added; words double &lHJel( througl=l in red are deleted - both since 2-23-06 version. Solid Waste Sub-Element CCPC Final 3-23-06 3-23-06 Policy 1.2.3: [Renumbered, revised text, page 2] The County shall continue to P12ursue State and Federal grants for, and participation in.. feasibility projects 00 for the development and investigation of improved techniques for landfill operations and ethef alternative methods e.f for solid waste disposal. Policy 1.2.4: [Renumbered, revised text, page 2] Maintain the l8fld inventory reql:lired for future l8fldfills to meet the recommended Leyel of Service standards. Bv fiscal year 2010. t~e County shall acquire and/or retain the requifea land inventory required for future solid waste operations, based upon selection of, including but not limited to, one or more of the following options. by fi~;cal year 2010: 1, Increase the permissible elevation of the Naples Landfill so as to gain additional airspace capacity. 2, Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal). 3. Secure and utilize capacity at a landfill or landfills outside of Collier County, 4, Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. Policy 1.2.5: [Renumbered, revised text, page 2] The Level of Service for Solid Waste Sub-Element shall be: a. Tons of solid waste per capita per year, used to determine landfill disposal capacity, is based on the average of the last ~ three complete fiscal years actual lined cell tonnage activity, b. Two (2) years of constructed lined landfill cell capacity at the disposal rate calculated per -l-:-2.5.a. c. Ten (10) years of permittable landfill capacity at the disposal rate calculated per -l-:-2.5,a, Policy 1.2.6: [Renumbered, revised text, page 2] The County shall annually l:)Qefine the cost of continued landfilling solid waste collections and disposal within the County over the next 5, 10 and 20 year time periods taking into consideration all operating and capital costs, Words underlined are added; words Gtruok through are deleted. Words double ur"1Q~Qgg in 3 red are added; words double otrt.!€k throlol@h in red are deleted - both since 2-23-06 version. Solid Waste Sub-Element ccpe Final 3-23-06 3-23-06 Policy 1.2.7: [Renumbered, revised text, page 2] The County shall Assure promote public awareness Qf, and participation in~ solid waste disposal issues by requiring all issues to be addressed in advertised public meetings ansi/ 0 ldl111)Jl(L~Lk" llill!~'i, Policy 1.2.8: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household hazardous wastes, Additionally. the Department shall continue to hold its hazardous waste collection day at least eftee twice per year targeting residential households but also allowing small businesses to participate to :;CH'Fle e;~tel'lt. OBJECTIVE l.3: (RECYCLE AND RECOVERY) [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and update the Integrated Solid Waste Management Strategic Plan Solid 'Naste Master Plan as directed by the Board of County Commissioners. Policy 1.3.1: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintain!!lg and enhanceing the current county Tt/ide countywide single family through fourplcx residential etH~::ige recycling program~. b. Maintaini!!g and enhancemg the current county-wide multi-family residential recycling program ~, Maintaining and enhanceing the current county-wide commercial business recycling program~ to encourage and assist commercial business recycling activities county \vide. ~. Continue Maintaining and enhanceing the curb-side separation of material into recyclable categories to be received at the material recovery facilities landfill ffite recyclable categories. Policy 1.3.2: [Renumbered, revised text, page 3] Continue investigation of cost saving methods for landfills: Words underlined are added; words ctruok through are deleted. Words double ~~~ed in 4 red are added; words double :::truck throug~ in red are deleted - both since 2-23-06 version. Solid Waste Sub-Element CCPC Final 3-23-06 3-23-06 a. Landfill miFling to recover and recycle cover material. LaFldfill mining provides a method of clean up of unlined laFldfills and for recycliFlg existing acreage for Flew landfills. b. Inyestigate methane gas recovery and use. The County shall continue investigation and implementation of cost-saving measures for County disposal operations, iHehuiin..:: "Hit Hot limite€i h'l, tke eun-eHt metkaHe ;as e011eeti0H f1r€l;rmn. Currently, a methane gas collection program is in operation, The County shall evaluate other measures, includif!g landfill mininQ. as new technologies and practices emerge. Policy 1.3.3: [Renumbered, revised text, page 3] The County shall ,'\ssure promote public awareness Qf" and participation in.. solid waste €iisflosal recycle and recovery issues by requiring all issues to be addressed in advertised public meetings and/or public workshoQ? EAR-Solid Waste S-E CCPC Final 3-23-06 G: Comp, EAR Amendment Modifications, CCPC Final kvl 3-23-06 Words underlined are added; words struok through are deleted. Words double ~IU~ in 5 red are added; words double 8trtJol~ th~ in red are deleted - both since 2-23-06 version. Natural Groundwater & Aquifer Recharge Sub-Element 3-23-06 I. INTRODUCTION [New Language, page 1] The Natural Groundwater Aquifer Recharge Sub-Element establishes the manner in which Collier County will identify and protect the natural groundwater aquifers that serve as the primary sources of drinking water for County residents and visitors. This Sub- Element relates only to those aquifer recharge areas located in unincorporated Collier County that serve as potable water wellfields. The Implementation Section of this Sub-Element contains a single Goal. divided into five (5) Objectives. Beneath each Objective are the specific County implementing policies, The water supply protection Objectives in this Sub-Element include: . Mapping and delineation of natural aquifer recharge areas; . Protection of groundwater quality; . Groundwater quality monitoring; . Public education with regard to groundwater protection issues: and. . Protection of critical recharge areas and groundwater resources. Goal, Objectives and Policies Natural Groundwater Aquifer Recharge Sub-Element GOAL 1: [Number Removed, page 1] THE COUNTY SHALL IDENTIFY AND PROTECT NA TURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE 1.1: (MAPPING AND DELINEATION OF RECHARGE AREAS) [Renumbered, revised text, page 1] The County shall continue to On a biannual basis, beginning in October 1998, review 00c a 0i~uulMal basis. every two veal's. and revise fas necessarYt, existing map delineations of recharge areas County potable water wellfields that are most sensitive to contamination from nearby land development and other surface activities, The biaRRuul biennial review and any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated Gnathropogenic anthropogenic contaminant data aggregated during since the previous biennium revision. Policy 1.1.1: The County shall Continue to fl0ri0)cli0all)' revise and update its 3-dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. Words underlined are added; words struok through are deleted. Words double underlined in red are added; words double €itr6lol, throEl!!)h in red are deleted - both since 2-23-06 version. Natural Groundwater & Aquifer Recharge Sub-Element 3-23-06 Policy 1.1.2: [Renumbered, revised text, page 1] Continue to identify areas aRd re'lise pre'/ious ideRtifications of areas that are especially vulnerable to contamination because of laRd use, drainage, geomorphic, soil, hydrogeological, and other conditions, such as the preseRcelabsence of confining units. The County shall identify those County potable water wellfields. or portions of wellfields. which are susceptible to contamination. caused by adjacent or nearby land uses. drainage patterns. geomorphic conditions. soil properties. and/or hydrogeologic factors. including the presence or absence of confining units, This information shall be revised and updated ~i.G!l.t. '!.S_ll~l:~>Scll:Y.:. Policy 1.1.3: [Renumbered, revised text, page 1] The County shall maintain and ~€ri0€lltHillj' update data on Identify existing land uses and land use activities that possess the greatest potential for ground water contamination. 8ee Policy 1,5.1. Policy 1.1.4: [Renumbered, revised text, page 1] The County shall maintain and r€ri@eheally Ygpdate its maps of criteria for determining and mapping sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. Policy 1.1.5: [Renumbered, revised text, page 1] This Sub-Element shall incorporate by reference Af!nnual recharge amounts for the Surficial tffiEi 'l!.~(I Lower Tamiami A@quifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers. are those as described in the Sf\VMD's South Florida Water Management District's official publications dated April. 2000 (and scheduled to be published in 2006), Publication "\IRE tt327. _I\..iQr1uin-LRechJ!!:fc (Infiltration/leakuge) throu2:hout the ~()USJl Floridu Wutcr~.1uJ]a~ent Di~;lrict. Jlll\/.\U2:11~;t. 1995 (~.1QP I und MUD 2} OBJECTIVE 1.2: (PROTECTION OF GROUNDWATER QUALITY) [Renumbered, revised text, page 1] Ground water quality shall meet all applicable Federal and State water quality standards. Policy 1.2.11. [Renumbered, revised text, page 1] The County shall prohibit I}Qischarges to sinkholes or other karst related features that have direct hydrologic connection~ to the Surficial or Intermediate Aquifer Systems shall be prohibited. Policy 1.2.21. [Renumbered, revised text, page 2] Words underlined are added; words struok through are deleted. Words double ~.rlL~~,Q in 2 red are added; words double ct"ucl~ through in red are deleted - both since 2-23-06 version. Natural Groundwater & Aquifer Recharge Sub-Element 3-23-06 Non-agricultural developments requiriftg an BRP Environmental Resources E.j3ermit from the South Florida Water Management District (SFWMD} shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for Review, as it existed on October 31, 1999, dated January 2004 and as regular! y updated. Ground water recharge shall also be protected through the application of the retention/detention requirements and allowable off-site discharge rates for non- agricultural developments specified in Policies h6.2 and h6.3 in the Drainage Sub- Element. Policy 1.2.3,;, [Renumbered, revised text, page 2] The County 's'~tandards for protecting the quality of ground water recharge te within the public water supply Y/ellfields wellhead protection areas identified in the Future Land Use Element (FLUE} shall be are tho same as those provided in Policy 3.1. 1 of the Conservation and Coastal Management Element. Poliey 1.2.4 [Deleted text, page 2] The Collier County Rural and /'..gricultural ,''..rea ,'\ssessment shall consider the ground '.vater recharge characteristics in the County's rural area including the information contained in 8F\VMD publication ')IRE #327. Policy t.2.M: [Renumbered, revised text, page 2] Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. OBJECTIVE 1.3: (GROUNDWATER QUALITY MONITORING) [Renumbered, revised text, page 2] The County shall bfontinue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyzeQ concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Policy 1.3.1: [Renumbered, revised text, page 2] The County shall bfontinue Hie its existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program, Policy 1.3.2: [Renumbered, revised text, page 2] The County shall bfoordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Words underlined are added; words E:truok through are deleted, Words double underlined in 3 red are added; words double strblsk tl9rEli<J~h in red are deleted - both since 2-23-06 version. Natural Groundwater & Aquifer Recharge Sub-Element 3-23-06 Policy 1.3.3: [Renumbered, revised text, page 2] The County will annually Ai!ssess the its groundwater quality monitoring data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction, Policy 1.3.4: [Renumbered, revised text, page 2] The County shall continually Ggather and H-Se evaluate appropriate data ffi for the purpose of refineing and improveing the data base groundwater quality monitoring database used in the County's 3-dimensional ground water model. Policy 1.3.5: [Renumbered, revised text, page 3] HJ' 1 Oet0fler 1 f)l}: Collier County shall continue to conduct establish a water resources planning group eompo::ecd of \yj.rl1 appropriate County, City of Naples, and SFWMD staff to provide ;ui€laMee for ground water resource development, utilization, and conservation. OBJECTIVE: 1.4: (PUBLIC EDUCATION WITH REGARD TO GROUNDW A TER PROTECTION ISSUES) [Renumbered, revised text, page 3] The County shall Gfontinue current activities of providing the public with educational materials concerning ground water protection issues in Collier County.:. ~ These may include. but shall not be limited to. the preparation of annual technical publications of ground water quality data collected, an informational website for groundwater quality issues. general information publications, establishment of a speakers' bureau presentlttions, K-12 classroom presentations, and in-service teacher workshops and semmars. Policy 1.4.1: [Renumbered, revised text, page 3] The County shall continue to Ai!dvise the public on the appropriate disposal methods for hazardous wastes. for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task. the County may utilize the public educational measures listed within Obiective 4 of this Sub-Element. or any other measures, which may be appropriate. Policy 1.4.2: [Renumbered, revised text, page 3] The County shall continue to P12.rovide information in a manner that can be understood by the general public eft regarding Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination, In performing this task. the County may utilize the public educational measures listed within Obiective 4 of this Sub-Element, or any other measures, which may be appropriate. Words underlined are added; words struok through are deleted. Words double 1ill..d..eLl~g in 4 red are added; words double ctruel, through in red are deleted - both since 2-23-06 version. Natural Groundwater & Aquifer Recharge Sub-Element 3-23-06 OBJECTIVE: 1.5: (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER RESOURCES) [Renumbered, revised text, page 3] The County will shall implement eKistifi; plans to preserve critical ground water recharge areas and ground water resources, and on a biennial schedule, beginning in October 1988, will (Jeri0€ligally review, evaluate, and revise (if warranted) those plans and actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Policy 1.5.1: [Renumbered, revised text, page 3] The County shall QQevelop, and continually update, technical criteria for determining those recharge areas, which areas are critical to the County's longterm long-term ground water needs, Policy 1.5.2: [Renumbered, revised text, page 3] The County shall continue to !identify tfle critical recharge areas and appropriate protective mechanisms. Policy 1.5.3: [Renumbered, revised text, page 3] The County shall continue to !identify costs, funding mechanisms and private property rights issues associated with the protection of critical recharge areas, Policy 1.5.4: [Renumbered, revised text, page 3] By 1 October 1997, The County shall continue to operate the implement Collier County's a local petroleum storage tank eleaIHlfl inspection program, especially in identified wellfield protection zones, operating within available State funding. Policy 1.5.5: [Renumbered, revised text, page 3] By 1 October, 1997, increase household and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste collection, Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household and small business hazardous wastes. Additionally, the County shall continue to hold its hazardous waste collection day at least twice per year targeting residential households but also allowing small businesses to participate to some extent. CO,A...L 2, aDd OBJECTIVE 2.1, aDd Polieies 2.1.1 2.1.4 [deleted] [Deleted text, page 3] EAR-NGWAR S-E cCPC Final 3-22-06 G: Comp, Ear Amendment Modifications KVL 3-22-06 Words underlined are added; words &truok through are deleted. Words double underlined in 5 red are added; words double otrugl: tJ::1rough in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 .-.., INTRODUCTION [Added text, page 2] The goal of the Housing Element of the Collier County Growth Management Plan is "to create an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County." With the exception of housing opportunities provided to citizens of very modest means, the provision and maintenance of housing is traditionally a function of the private market. The development of private housing in Collier County is driven by an expensive housing stock: effectively excluding low-income and working class families from the housing market. Thus, there is a need for the County to find ways to encourage the provision of affordable-workforce housing for these families. In Collier County, encoura2:ement of the provision of affordable-workforce housing is the responsibility of the Collier County Operations#!. Support and Housing Department. The purpose of the Department's grants and affordable-workforce housing programs is to increase the supply of affordable-workforce housing countywide, through management of the County's Affordable Housing Trust Fund. The trust fund has enabled the County to implement the following programs: . Impact fee deferrals, . Housing rehabilitation and emergency repair, . Down payment / closing cost assistance, . Land acquisition with new construction, . Demolition with new construction, . Special needs housing and pre-approved building plans, · Meeting ~ community needs by facilitating the creation of affordable-workforce housing opportunities: the improvement of communities: and the sustainability of neighborhoods. In iffl[llefflefitin.; suek [lf0.;ram.:;, Collier Cmmt)' Ha:; 10mg maiRtaiRea an €l~.ieeti';g €lf ereatlnt; 500 Rev: affsrdtlhle lI'sJ'.'dSl'f:J8 Hm!sin.; LU~its eaek :,'ea1'. H0';:e':ef, tHe 599 unit [leI' year taft;et y:a:; e:;ta~lisHea man)' years a;0, before the Cmmt)' haa felja~le Heeds assessment €lata on 7,'hi€h to ~a:;e tHe 0~jeeti':e. The Jfl0,;t aeeurate ana t:lflt0aate huusing €lata a':ailalslle trmH the Slate thr0t:l;;h tke Vni'.'ersity of Fl0riGLl ?:;kiml3er.; CeRter (200) e0nfirm:; that C011ier COURt:, i.; m~it.: :;h0rt 0f fJr€l':iain.; tlffsl'..dahle k0t:l:;iR; to all of the et:lIT€Rt Cmu:t)' re:;iaeRl:; in Ree€l @f :;MeM fum:;iR;;. TM re:;i€l€fit; are eo:;t 0urscFlea ~ma :;]'leR€liR; n:ore tkaR thirt:,' fJere€nt of their ;;nL:.; mOfithl:,' iReOm€ on kow;in;; e~~flen:;e:;. Tke €lgfieit i:; €li':ide€l bet';:een rOa;;HI:, €Hte tkird rental MR€l t';:0 thin!:; 0?:Fler oeeuflied hou:;il'l;;. Fmtkerm0re, thi.; fi,;ure (ml:,' repre:;eRt; tho:~e resldiR'; ift Collier COURt)': it €loe:; not tab.~ iRto aeeOlmt the iR€li ','iduaL '::ho ma:/ '.':orl~ in tke OllRt:, l3ut are uRable to aff{'Jr€l h(m:;iR'; aRa eommute from nei,;kborint; emmtie:;. Collier County will continue to address its affordable-workforce housing deficit by working collaboratively with non-profit groups, governmental agencies, and public/private coalitions to coordinate activities and effectively leverage the resources available to the entire County. Ih~ rHost current data available from the University of Florida Slljmb~~~~t:r}leL_~..QIl~ci~~_(Llfl assessing~he Co_unty'5 affordable~workforce h()usLn.,giIefis:ll-" Words underlined are added; words struok through are deleted, Words double underlined in red are 1 added; words double 8truok throblgh in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 Goal, Objectives and Policies Housing Element GOAL 1: [Revised text, page 3] TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: [Revised text, page 3] The number of new affordable-workforce housing units shall increase by ~ 1,000 units each year in an effort to continue to meet the housing needs of all current and future very-low, low and moderate income residents of the County, including those households with special needs such as rural and farmworker housing in rural Collier County. ~ollier County shall oursue an interlocal a!2:reement with Naoles. Marco Island. and Eyer!2:lades City to reauire that each City provide som~ortion of th~se J:lousi.!!RJ:lQits or the)'il1ancia! eguiyalenL JOINT CITY Of' NAPLES/COUNTY POLICIES Policy 1.1: [Revised text, page 3] Collier County shall :Y!!tilize intergovernmental agreements between the County and the City of Naples !l\:'i;fi@orift; mUI1leij3ahtie; to coordinate SHIP, CDBG, and other State, Federal and private funds to improve coordination and efficiency in the provision of housing delivery assistance. Policy 1.2: [Revised text, page 3] Collier County and the City oj Naples It; mume~htI\:'s will work together to accomplish the community wide goal of ereatiR;sL.!Q2ortil1l? a sufficient supply of market rate and below market rate housing. This effort will may include the consolidationHg of Ihe Cily of NaDles andill~ County all loeal--housing programs and activities, including, but not limited to, s.~tate and Pfederally funded programs such as SHIP and CDBG, in an effort to provide greater efficiency. Policy 1.3: [Revised text, page 3] The City of b'~~ and Collier County ;!m! it:: nuujJ(:ipalitie~, will explore the development of a fair share affordable-workfOl'ce housing ordinance that will require commercial and residential developments to address the lack of affordable-workforce housing. The local jurisdiction will evaluate a broad range of options including the development of an affordable~~~_~ housing impact fee, the requirements that a percentage of units developed will be "set aside" for below market rate housing, provide for the transfer of development rights, an option whereby land could be donated to a nonprofit entity and/or placed in a land bank, or other alternatives that will assist in mitigating the rising need for affordable-workforct; housing as the population Increases. Words underlined are added; words struok through are deleted. Words double underlined in red are 2 added; words double 8trucl,: throloJgh in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 Policy 1.4: [Revised text, page 3] Collier County shall seek to distribute A!ffordable-workforce housing will be distributed equitably throughout the County using strategies which may include, but are not limited to, density bonus agreements, and impact fee v/ai'/ers or deferrals. In addition, affordable~ workforce housing will be located where adequate infrastructure and services are available. CITY OF NAPLES POLICIES None COUNTY POLICIES None *Poliey 1.5: [Deleted text, page 3] Reyievl the feasibility of incorporating the Collier COImty HOHsing }..uthority and the Collier CouRty Housing and Urban Improyement office activities into one agency to provide greater coordinatioR and efficiency in housing deli'/ery services. OBJECTIVE 2: [Revised text, page 4] By 2000, create a non profit housing development corporation, formed with a cross section of representatives from business, government, housing adyocates, and the community at large, which will assist the City and County in achicying a new goal of 500 dwelling units per year for very low, low and moderate income residents of Collier County. The Collier County Board of County Commissioners aided in the establishment of the Collier County Housing Development Corporation in 2003. The mission of the Housing Development Corporation is to serve as a non-profit agency. with an executive board made up of representatives from business. government. housing advocates. and the community at large. which shall assist Collier County and its municipalities in achieving a new goal of 1,000 dwelling units per year for very-low, low and moderate income residents of Collier County. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 2.1: [Revised text, page 4] Through nOll-Drofit hOllSil~ develoDmenL_tae Collier CCHHl.t:,' IlotLin; D0..'d@fJFlKfit Gcorporations. the County shall seek to !increase the supply of housing for all segments of the community, including very low, low and moderate income residents and those with special needs including farmworker~ housing, through the use of existing programs such as low income housing tax credits, density bonuses and impact fee wai'/ers or deferrals, Policy 2.2: [Revised text, page 4] Solicit input from the Chamber of Commerce, Economic Deyelopmont Council, Collier Building Industry Association (CBL'\), Naples Area Board of Realtors, Naples ,^..rea ,^..partment Words underlined are added; words struok through are deleted, Words double ~!.L'l~. in red are 3 added; words double otrucl( through in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 ,^..ssociation, Collier County Banking Partnership, the ,^..ffordable Housing Commission, and the Collier County Housing ,'\uthority to identify potential nonprofit board representation and members, and to deyelop a mission statement for the non profit housing agency. The non profit housing de'/elopment Corporation 'llill partner vlith other entities to apply for State and Federal housing funds available to non profit corporations. This effort \vill result in the deyelopment of a more comprehensiye housing delivery system that ensures the deyelopment of housing for all residents of Collier County through a partnership ',vith private de'.'elopers, non profits, local goyernments and other interested parties, '1'l1e CdJicr COURt'. 1l0LLlI9.': I;e':elof1rncnt C@rpunHiL'l:1. PartnershlJ2~_shall be encouraged P~~\~~:L~1ner ':.ith private developers, non-profit entities, local governments and other interested parties to ensure the development of housing that meets the needs of the County's very-low, low and moderate income residents. Policy 2.3: [Revised text, page 4] +he Collier County and the=~City 01 NaDles staff will continue to provide community organizations with brochures and up-dates on various housing programs, grant opportunities, technical assistance and other information that will promote affordable-workfor~housing opportunities for very low, low and moderate income residents. Policy 2.4: [Revised text, page 4] By 1999, the Collier County and the City 01 NaQks-will shall continue to review existing codes and ordinances and amend them as needed to allow for flexible and innovative residential design that encourages mixed use developments- tt:fHl with a variety of housing designs, styles, and price ranges. Policy 2.5: [Revised text, page 4] By 1998, the Collier County and the City ().-LNaJ?l~s-will shall continue to review the its existing permit processing systems in an effort to reduce the processing time and cost of housing, and especially for affordable-workforce_housing aIIlL\..;Dmill~!_~ctl:~,jQ~11ttl~\' <:treas..-llJ"LLLc=\,:.glL,!lt; :;_tI~e_(lJll1if1~..sL to identify areas that can be streamlined, Policy 2.6: [Revised text, page 4] Collier County shall continue to P,Qrovide ongoing technical support and assistance to private developers and non-profit housing organizations in their efforts to secure State or Federal funding. Policy 2.7: [Revised text, page 4] Collier County shall Iincrease the utilization of existing impact fee ordinances to facilitate the development of affordable-workforce housing through the provisions of waivers and/or deferrals. Words underlined are added; words struck through are deleted. Words double llnderlined in red are 4 added; words double otruok through in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 CITY OF NAPLES POLICIES None *Policy 2.8: [No changes to text, page 5] COUNTY POLICIES .!I!.policy 2.989: [ReBum.IJered, rRevised text, page 5] The County shall fleri€Hiieall)' ~eview the County's Affordable-workforce Housing Density Bonus Ordinance every two years and revise the Ordinance, as necessary~ to reflect changing community needs and market conditions. The -purpose of the Affordable-workforce Housing Density Bonus Ordinance shall be to ~ncourage the blending of affordable-workforce housing density bonus units into market rate developments ~l~ well as to. SLlPPort develoQrnents exclusively providinS!" affordable-workforce hOllsinS!"and reviev; the feasibility of approving density bonus at an administrative level. .!I!.policy 2.14HO: [Revised text, page 5] Thro\:lgh the adoption of local incentives, such as density bonus agreements and impact fee waiyer/deferrals, public and private sponsors ?/ill be encouraged to pro'iide adequate housing for rural residents and farmworker families, The Collier County Operations Support and Housing Department shall continue to operate affordable-workfOl'ce housing programs. in cooperation with public and private sponsors. to provide safe. affordable-workforce housing to residents of the County's urban designated areas ~~nd rural areasf€si~h~RtS. afta Mirm.'::mhr faft1ilies. Programs operated by the Department will continue to include. but are not limited to: . Impact fee deferrals . Housing rehabilitation and emergency repairs . Down payment and closing cost assistance .!I!.policy 2.11!: [Revised text, page 5] The Collier County Housing and Urban ImproTiement Operations Support and Housing Department will continue to coordinate with independent vlater and sev;er districts local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place, aft4 consistent with the County's Concurrency Management System. .!I!.policy 2.1~~: [Revised text, page 5] The County will continue to adopt and implement policies which address site locations provide for the proper siting and implementation of farm worker housing, including, but not limited to. strategies such as density bonus agreements, impact fee waivers or deferrals, and the provision of adequate infrastructure and services. Words underlined are added; words struok through are deleted. Words double underlinecj in red are 5 added; words double strololgl, thrololgh in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 OBJECTIVE 3: [Revised text, page 5] By 2000, Collier County shall continue to support and adequately fund increase the number of housing programs and amount of funding ayailable to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including, but not limited to, strategies such as ggown P12aymentl~losing ~ost Af!ssistance, &rehabilitation and ~mergency &repair, -9gemolition with Nnew ~onstruction, and limpact Ffee '.Vaivem or ggeferrals. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 3.1: [Revised text, page 5] Collier County shall continue to seek out and :Ygtilize federal, ~tate and local resources for housing rehabilitation programs that repair and maintain the existing housing stock. The County shall also continue to support local municipal and non-profit efforts to identify and secure funding for housing rehabilitation programs. Apply for additional funding such as, but not limited to, HOME, and Florida Fix as funds become available. Policy 3.2: [Revised text, page 5] Local governments '.vill seek out and apply for additional funding to help provide more affordable housing and Collier County will support applications from for profit and not-for-profit organizations whe that apply for ~tate and federal funding for the purpose of constructing and/or rehabilitating affordable-workforce housing for residents earnin2 80% or less of median household income, Policy 3.3: [Revised text, page 6] Collier County shall continue to :Ygtilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low, low and moderate income residents. By leveraging Federal, State and local dollars, increase by five percent (5%) per year the number of loans made by area lending institutions to very 10';;, 10';1 and moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance. CITY POLICIES *Policy 3.48 [Renumbered text, page 6] *Poliey 3.9:Policv 3.95: [Renumbered. revised text, page 6] By 1998, tIhe City 01 NaDle~ will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existing residential character of the area. Words underlined are added; words struok through are deleted. Words double underlined in red are 6 added; words double struel, through in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 -.-, *Poliey 3.1Q: *Policv 3.W6: [Renumbered. revised text, page 6] By 1998, tIhe City of N~es will study and make recommendations to amend the Code of Ordinances to limit "megahouses" address impacts of larger homes on smaller lots within the City of Naoles. Ihese changes will be reviewed to determine their effectiveness. *Palie)' 3.11: *Policv 3.7: [Renumbered, revised text, page 6] :8y 1999, ~Ihe City of Naoles. will imolemenl their re';ie';; the fleeS for a housing maintenance code 10 address the conservation of housing stock and the preservation and protection of residential neighborhoods COUNTY POLICIES Policy 3.~~: [Renumbered, revised text, page 6] Collier County will continue to maintain its apply for Community Development Block Grant (CDBG) urban entitlement county status with through the U.S. Department of Housing and Urban Development.. which will continue to result in an annual allocation of federal funding available to assist very-low, low and moderate income households. OBJECTIVE 4 [Revised text, page 6] By 2000, the Collier County and the City of Naoles. will peri0dieally conduct a comprehensive housing survey. everv three veal'S or sooner. te for the purpose of identifying substandard dwelling units ':;ithifl eeftaiR tar:eteS area.;. Through continued enforcement of each jurisdictions County housing codes, and the provision of housing rehabilitation or replacement programs, the number of substandard units (associated with a lack of plumbing and/or kitchen facilities} throughout the County shall be reduced by 5% per year through rehabilitation or demolition. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 4.1: [Revised text, page 6] By 2001, Utilize HSe the ~~recent ~~ comprehensive housing inventory to develop and implement new programs to reduce substandard housing in the tur:-eted area;. Reduction of the number of substandard units will be accomplished bv employing existing methods such as, but not limited to, housing code inspections, rehabilitation programs, and demolition of substandard units and their replacement with new construction and develop ne\v programs as needed. Policy 4.2: [Revised text, page 7] Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet the housing code or, which cannot economically be rehabilitated, Policy 4.3: [Revised text, page 7] Words underlined are added; words struck through are deleted. Words double underlined in red are 7 added; words double str1ol9k through in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 Perio€liealb Rfeview and amend the exisling relocation policy of the City oft'lJlple~ and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4.4: [Revised text, page 7] In the event of a natural disaster or goyernment intervention, replacement housing shall comply with all applicable Lederal, ~tate and local codes and shall consider factors such as. but not limited to. commercial accessibility, public facilities, places of employment, and housing mcome. Policy 4.5: [Revised text, page 7] All 9Qwelling units will be maintained in a safe and sanitary condition, including adequate light, ventilation, sanitation and other provisions. as required by the County and the City at NaDles minimum housing codes. This task will be accomplished through housing code inspections and code enforcement actions, and housing rehabilitation programs supported through H-Siftg ~tate, federal, local and/or private resources. CITY OF NAP~ES POLICIES None COUNTY POLICIES None Paliey 4.6: [Deleted text, page 7] By June 1, 2001, Collier County '",ill conduct an inventory to determine the number of non conforming and sub standard mobile home housing units in the Immokalee Urban ,''..rea and develop an incentive plan to upgrade these units through the follo'.';ing acti'/ities: 1, }..ssign a team of staff membcrs from thc follo'l/ing dopartments to implement thc program: Code Enforccment, Building Rcvie",,', Planning and HOHsing and Urban Improvement. 2. Coordinate '.'lith other agencies that monitor and inspect mobile home parks, 3. Create and incorporate into the Collier County Land Development Code, flexiblc developmcnt standards that will be based on minimum life and safety standards. 4. Proyide economic incentives to encourage thc replaccment of sub standard units. Poliey 4.7: [Deleted text, page 7] 'Nithin one year of inyentory completion, the County shall complete a revic'N of the residential density caps established in thc Immokalee Area Master Plan to determine if and where it may bc appropriate to increase such caps to encourage the development of new affordable housing units for farmworkers, very 10'.'1 and lo\'; income individuals, Words underlined are added; words f>trucl{ through are deleted, Words double ~I~ in red are 8 added; words double ctr"'GI~ through in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 OBJECTIVE 5: [Revised text, page 8] Collier County and the City of Naples will annually monitor all identified historically significant structures homes to determine that if these structures are being conserved, maintained, and/or rehabilitated, JOINT CITY/COUNTY POLICIES Policy 5.1: [Revised text, page 8] Ensure the coordination of the Housing Element policies with the Futuro Land Use policios relovant to historic preser/ation, All residential structures that are listed on the National Register of Historic Places, or as contributing structures within the Old Naples National Register Historic District, or which structures that are designated as locally significant historic resources~ will be encouraged to maintain their historic value through the provision of technical assistance. Policy 5.2: [Revised text, page 8] By 1999, the Collier County and the_City ofN~1es will fleri0€li€all:,' review the their~ land development regulations, building code, FEMA regulations, and other requirements ~verv five ~, and amend these as necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures, CITY POLICIES *Policy 5.3 [No changes to text, page 8] *Policy 5.4: [Revised text, page 8] By 2000~, Collier County and the City of Naoles coordinate '.,<,ith Future Land Use policies and will study potential incentives to encourage the conservation, maintenance and rehabilitation of historic structuros homes and will make recommendations to the City Council and to the Board of County Commissioners as to which incentives should be adopted, COUNTY POLICIES .!I;.Policy 5.5: [Revised text, page 8] The conservation and rehabilitation of housing~ which is of historic significance~ shall be accomplished by working with private sector groups and private developers to develop incentive- based programs. *Poliey S.(): [Deleted text, page 8] The Land Deyelopment Code that regulatos the rehabilitation, demolition or relocation of historically significant housing '.,<,ill be emended as Heeded. .!I;.Policy 5.+!: [Renumbered, revised text, page 8] Words underlined are added; words ~truok through are deleted. Words double underlined in red are added; words double otruGI~ through in red are deleted - both since 2-23-06 version. 9 HousingElement 3-23-06 Eyery five years, the Historical Housing Construction Survey will be updated to ensure further identification of historically significant housing, The Collier County Probability maps will be updated as each nev; historic structure or residence is listed on the National Register or is locally nominated. By 2008, the Board of County Commissioners shall commission a new Historical Survey for all of unincorporated Collier County, The Survey shall review the current status of all previously identified historical structures and sites within the unincorporated County and shall make recommendations as to which of these sites or structures should be nominated to the National Register, The Survey shall also review and make similar recommendations regarding any previously unidentified historic structures or sites. .?I:.policy 5.81: [Renumbered, revised text, page 8] By.J.999. 2009, the Historical/Archaeological Preservation Ordinance shall be updated to include any ne\v historically significant housing the results of the Historical Survey and to include any relevant changes in State or Federal regulations concerning historically properties. OBJECTIVE 6: [Revised text, page 9] By 1999, the County and City will ensure that local land development regulations are in compliance '.'lith State and Federal regulations regarding group homes and foster care facilities locations, Collier County ~~ monitor changes t~)_state and 1ederal re~uIations2-ertaHll.M logrOLl.Qcare facilities. and. as necessarv, aRt! peri(Jttie~ll~; amend its Land Development Code to ensure comvliance.tnat the C0de remain.: in eompliallee .,'. ith_~ aRd Fderal re2lL~tion.; ana .jti~L: eriteria re:art!ill; ;n:Jufl h0H1€S alla f0ster eare faeilitie::. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 6.1: [Revised text, page 9] Provide non-profit group h01112 and [o:ter care t~!fi1.rlJ:'organizations with information on tederal, ).tate and local housing resources that will assist them in the provision of special needs housing. On an annual basis, or as needed, provide technical assistance and support as organizations apply for funding assistance. Policy 6.2: [Revised text, page 9] III €on.i:.m.etioR ',';ith Rei;hlJorIn; JUrI dictions. Collier County shall Rfeview the County and the C'ily of NavIes IHul1ieipal Fair Housing ordinances and procedures with regard to group homes. ~.md foster care facilities and shall seek to consolidate local fair housing implementation in order to pro"fidemote consistency and coordination in the siting of such facilities between the jurisdictions. Policy 6.3: [Revised text, page 9] Words underlined are added; words struok through are deleted. Words double underlined in red are 10 added; words double otruo[~ through in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 By 1999, Rreview the_existing County and City of Naoles land development regulations and building codes. and amend as necessary, to ensure compliance with State and Federal regulations,.-afl€! amend as necessary, to provide for group homes and foster care facilities licensed by the State of Florida. Policy 6.4: [Revised text, page 9] Collier County ~mav allow Ggroup IU3nl€:; ana f€lster care facilities will be allov;ed in residentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and will be consistent with Chapter 419, Florida,:, Statutes. CITY OF NAPLES. POLICIES None COUNTY POLICIES None OBJECTIVE 7: [Revised text, page 9] Although mobile home developments ~ currently exist within the coastal areas of Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, aft;' no new rezone to permit mobile home development ~ will be restricted to allowed within areas outside of the urban coastal fringe Coastal High Hazard Area. as depicted on the countywide Future Land Use Map. JOINT CITY OF NAPLES/COUNTY POLICIES None CITY OF NAPLES POLICIES *Policy 7.1: [No changes to text, page 9] *Policy 7.2: [No changes to text, page 10] COUNTY POLICIES .!l;.Policy 7.3: [Revised text, page 10] The County has numerous sites where mobile homes are a permitted use and these sites will continue to be available for mobile home development~. However, due to the low lying elevations, susceptibility to flooding, storm surges and high winds from hurricanes and tropical storms, and that mobile homes are particularly vulnerable to damage, no additional sites will be zoned for mobile home development within coastal Collier County. the Coastal High Hazard Area, as depicted on the countywide Future Land Use Map, Words underlined are added; words ctruok through are deleted, Words double ljnderlined in red are 11 added; words double strwQk throwgh in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 OBJECTIVE 8: [Revised text, page 10] The number of nev; and rehabilitated units shall increase by 50 units per year to address those households \vith special needs such as rural and farmvlork-er housing in rural Collier County. Collier County shall continue to utilize SHIP. CDBG. or other funding sources and. in partnership with Federal. State and non-profit housing agencies. will seek to provide a minimum of 50 rehabilitated or new residential units per year for very low. low and moderate income residents of the Immokalee Urban Area. Rural Fringe Mixed Use District. and within the Rural Lands Stewardship Area. Families benefiting from such housing will include. but not be limited to, farmworkers and other populations with special housing needs. Poliey 8.1: [Deleted text, page 10] The County will coordinate with the USDl\. and other State and Federal ,'\gencies to pro'/ide technical and financial assistance, impact fee v;ai';ers and deferrals and increased density, consistent with Immokalee ,'\rea Master Plan, for a 300 bed facility to proyide hO\:lSing for unaccompanied agribusiness workers. Policv 8.1: [New text, page 10] Collier County shall continue to pursue the policy of requiring all non-conforming or sub- standard residences of any type within the Immokalee Urban Area to be either rehabilitated to current housing code standards or demolished. Policv 8.2: [New text, page 10] By 2008. Collier County shall complete a review of the residential density caps established within the Immokalee Area Master Plan Element of this Growth Management Plan. Based upon this review. the County shall determine if and where it may be appropriate to increase such caps. so as to encourage the development of new affordable-workforce housing units for farmworkers, very low. low and moderate income residents. Policy 8.~J: [Renumbered, revised text, page 10] During 2004. +lhe County will prepare completed a housing assessment survey of single family, multi-family, and mobile home units and mobile tlO!ll~ parks in the Immokalee Urban Area, in order to determine the number of units that do not meet the County's current health.. afHl safety and minimum housing codes~ and the minimum housing code and The County shall target affordable-workforce housing and code enforcement programs to correct the obsl:;T:ed conditions. Policy 8.~: [Renumbered, revised text, page 10] Funding for rehabilitation of both owner and rental units within the Immokalee Urban and Rural Lands Stewardship Areas will be provided through USDA funding, afHl State SHIP funding.. Words underlined are added; words struck through are deleted. Words double underlined in red are 12 added; words double 8trwol~ throwgh in red are deleted - both since 2-23-06 version. HousingElement 3-23-06 CDBG funding, or other appropriate funding sources, and leveraged with additional funding sources to the maximum degree possible. Policy 8.4~: [Renumbered, revised text, page 10] Proposed F'farmworker housing sites will be evaluated and selected on the basis of health, safety and welfare concerns and to ensure that housing for this group is located in close proximity to such things as employment locations, transportation opportunities, shopping opportunities, and health care facilities. Pttliey 8.5i: IUeflun:lbered, l'€ybedDeleted text, page I () 1 CJllier Cmmt)' ':,'ill eOMtiR1Je to RlaL0 a ','ailab Ie [0 farrR';:0r1~ers dl 01" (he C0tlRty'S fiLt tinlf ~H:HE.gtJt1yer fJr€l;ram~, iMelu€lin; SHIP, CDBG. afHI pr0;rams utiliziR; other State, Fe€ieral, aM PEixi':ate fMR€Ll to Farnr::CJrLer:; Sueh pw..:nufis j,wll tJg mJuk a':aila@!e thmu;h a m:..dti hR;ual marketiM; aNJn:Jaeh. ?:llleR ',,,ill be €0or€iiIHHed ....'itR 10eal ot1(reaeh :;erviee:;. The Count) ::mtieipate.; that 50 1012 famw.orLer; per j'ear '::ill become homeO?:neL by throt1:;h ifilplemcntin; ~tieipa(i011 ift tRe~;i :;flieial outreaeR fi.!:.d.Jiul~__homebu.,'er ~llo;rarn:: to CT:€CllILl(::C R0R1eO?,R€LRifl ift too faffw::orkcr community': Policy 8.61;: [Renumbered, ..Revised text, page 11] -Wl=lefl Collier County is a'.varded entitlement comml:m.ity status, will continue to utilize CDBG funds V/ill be used to provide additional farm worker-housing opportunities, In addition to housing units that currently qualify for assistance under SHIP program guidelines, special consideration of CDBG funds will be aimed at units that current SHIP program guidelines prohibit from assistance (i,e,.. mobile home units). Farmworkers will also be encouraged.. through the use of multi-lingual outreach programs. to take advantage of any other CDBG, SHIP, Local, State, Federal, and private programs for which they may qualify through multi lingual outreach programs to the farm'.vorker community. EAR-HE CCPC Final 3-22-06 G: Camp. EAR Amendment Modifications, CCPC Final Words underlined are added; words ctruok through are deleted, Words double .lJ...QQ?J:!i.nsQ in red are 13 added; words double &trucl~ through in red are deleted - both since 2-23-06 version. Recreation & Open Space Element 3-23-06 PLEASE NOTE: STAFF HAS ADDED COMMENTARY AND DIRECTION [IN BRACKETS} TO THIS CCPC-RECOMMENDED VERSION OF THIS ELEMENT. THESE STAFF ENTRIES ARE NOT TO BE CONSIDERED PARTS OF THE DOCUMENT ITSELF. INTRODUCTION: [New text, page 1] Chapter 163.3177(6)(e). Florida Statutes. requires each local government comprehensive plan to have "A recreation and open space element indicating a comprehensive system of public and private sites for recreation. including. but not limited to. natural reservations. parks and playgrounds. parkways. beaches and public access to beaches. open spaces. and other recreational facilities." However. Chapter 91-5.014. Florida Administrative Code. which formerly contained the Florida Department of Community Affairs' "Minimum Standards" for review of local Recreation and Open Space Elements. has been deleted. Thus. while the Recreation and Open Space Element remains a requirement for local comprehensive plans in the State of Florida. the format and contents of such an Element may be tailored to local needs. provided that the intent of the Statute is met. This Recreation and Open Space Element was recently updated. as recommended by the Community Character/ Smart Growth Advisory Committee. by Ordinance No. 2003-67. adopted on December 16. 2003. to further implement the Collier County Community Character Plan and "Smart Growth" principles. The Recreation and Open Space Element is divided into three sections. each of which is guided by a specific goal. These three sections are: . The general provision of parks. recreation facilities and open space areas for the use and enjoyment of Collier County residents and visitors. . The development of a countywide neighborhood park system. . The development of a countywide regional and community park system. Within Collier County government. the responsibility for overseeing the implementation of the above goals is assigned to the Collier County Parks and Recreation Department. which is part of the Public Services Division. Goal, Objectives and Policies Recreation & Open Space Element GOAL 1: [No change to text, page 1] Objective 1.1: [No change to text, page 1] Words underlined are added; words atruol{ through are deleted. Words double underlined in red are 1 added; words double Gtflol@lt tt;trgb;lgR in red are deleted - both since 2-23-06 version. Recreation & Open Space Element 3-23-06 Policy 1.1.1: [Revised text, page 1] Collier County hereby adopts +!he following level of service standards for facilities and land owned by the County or available to the general public are adopted: ST}..ND,A..RD OF SERVICE LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land/l..OOO population (weighted unincorporated) B. 2.9412 acres of regional park land/}..OOO population (weighted) C. Recreation facilities-:- = Facilities in place.. which have a value (as (X) defined) of at least $179.00 $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County.. as set forth in 'rable ,,\ the Annual UDdate and InventoryB.~.i2J.:Llj-HJI.f{J" applying the values to the number of each facility type, adding up all values and dividing the total by the County population (\yeight~d). 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in:. place facility value. Policies 1.1.2 through 1.1.4: [No change to text, page 1] Policies 1.1.5 and 1.1.6: [No change to text, page 2] OBJECTIVE 1.2: [No change to text, page 2] Policy 1.2.1: [No change to text, page 2] Policy 1.2.2: [Revised text, page 2] Continue to rezone all County m.vned recreation sites and open space under appropriate recreation zoning. The proper Collier County Zoning District for all County-owned parks and recreational sites shall continue to be P. Public Use. or the equivalent zoning designation within a Planned Unit Development. Words underlined are added; words ctruok throl;lgh are deleted. Words double underlined in red are 2 added; words double ctrClel, thr€llJ\"jh in red are deleted - both since 2-23-06 version. Recreation & Open Space Element 3-23-06 OBJECTIVE 1.3: [No change to text, page 2] Policy 1.3.1: [Revised text, page 2] AJ4 public developed County-owned or managed parks and recreation facilities shall have automobile, bicycle and/or pedestrian access f-aeilitiec;, where the location is appropriate and where such access is economically feasible. Policy 1.3.2: [Revised text, page 2] Collier County shall ~ontinue to ensure that access to beaches, shores and waterways remain~ available to the public.:. Further the County aft4 will develop a program to assess the availability of land for the creation of St:teft new access points. and a method to fund f.t.:.s. the necessary land acquisition. OBJECTIVE 1.4: [No change to text, page 2] Policy 1.4.1: [Revised text, page 2] Maintain and im:prove the existing system \vhich eacomages developers to proyide recreation sites and/or facilities which are coasistent with park aad recreation guidelines. Through the land development review process. Collier County shall continue to encourage developers to provide recreation sites and/or facilities within residential or mixed use Planned Unit Developments (PUDs). Pf0yi:j0N 01' land felr sl:Iek sitg:; ::kaU1ge eONsi:;teNt '::itk ike Leyel 01' 8er:iee (L08) 8tLmdafd:; ideNtified '::itfiiN tfie C0MNtj ':; Capital Impr0';l?NH~Nt ElemeNt. Cate:;orj' ,A., park:: &N€l reereatioJ9 faeilitie:;. Policy 1.4.2: [Revised text, page 2] Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such facilities and activities within. or adjacent to. Collier County. Said governmental entities shall include. but not necessarily be limited to: U.S. Departrnent of Commerce.The National Oceanic and Atmospheric Administration U.S. Department of the Interior. The National Park Service The Florida Department of Environmental Protection. Division of Recreation and Parks The Florida Department of Agriculture and Consumer Services. Division of Forestry Lee County. Florida Hendry County. Florida Broward County. Florida Dade County. Florida Monroe County. Florida Words underlined are added; words struok thr<ll:lgh are deleted. Words double underlined in red are 3 added; words double stFIol€l!, tRr€lb;l~19 in red are deleted - both since 2-23-06 version. Recreation & Open Space Element 3-23-06 The South Florida Water Management District. Big Cypress Basin Board The Collier County School Board The City of Naples. Florida The City of Marco Island. Florida Everglades City. Florida The City of Bonita Springs. Florida OBJECTIVE 1.5: [Revised text, page 3] Continue to operate existing program for enforcing existing future de','eloper commitments for recreation facilities and open space. Through the PUD monitoring process. Collier County shall continue to enforce developer commitments for the provision of parks. recreation facilities and open space. Policy 1.5.1: [Revised text, page 3] Continue to in'/entory ne\y developer recreational facilities commitments as approved. This inventory 'Nill be updated on an annual basis. Collier County shall maintain 00 a curren_! inventory of recreational facility commitments made by developers through the development review process. Tkis ifi'o'ent0rj' ,/,'ill be ufJaat:::@ 0fi ~fi tlfil'J.l:;lal ba:;i.~. Policy 1.5.2: [Revised text, page 3] Collier County shall ~nforce developer commitments of developers for recreational facilities and open spaces- through appropriate actions of County agencies. OBJECTIVE 1.6: [No change to text, page 3] Policy 1.6.1: [No change to text, page 3] GOAL 2: [Revised text, page 3] THE COUNTY SHALL DEVELOP PROMOTE A NEIGHBORHOOD PARK ~TEM TO PROYIDE LS.\RLE OPE~; SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COlINTY Objedive OBJECTIVE 2.1;. [Revised text, page 3] By the year 2010, the County Parks and Recreation Department will ~,elDp :1 :'Jei;;MI30rHDod PJrl; Plan trJ identify general areas where neighborhoods might request sites for future neighborhood parks. Policy 2.1.1;. [Revised text, page 3] Words underlined are added; words Eltruol< through are deleted. Words double underlined in red are 4 added; words double str,;el, tRr€l,;[ijA in red are deleted - both since 2-23-06 version. Recreation & Open Space Element 3-23-06 The Parks and Recreation Department will aeyel0fJ a ~Jeigh00rh00a fJarl~ Phm afi€! identify those sites or general areas for neighborhood parks Ofi a Nei.;hl''l0rh00a Park master Phm. This Phm ?:ill be €h~':eI0fle€! bj' the year 20 I 0 with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy 2.1.2.=. [Revised text, page 3] The County shall amend the Land Development Code to include a new definition of usable open space that will provide for an open space area to be used as a neighborhood park for the recreational needs of the surrounding area. The County shall amend the Land Development Code to require the developer of a residential PUD. or a PUD having a residential component. to provide afi 0fl\?fi :;flaee area ~ a suitable fer n.;e a:; a neighborhood park~ afia that as determined on a case-by-case basis. which is. as required by Policy 5.4 in the Future Land Use Element. compatible with the surrounding development. Policy 2.1.3.=. [Revised text, page 4] New neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED). where these Drinciples are appropriate and economically feasible. Neighborhood parks may also be co-located with churches, schools, or other recreational facilities. . v:here aflflr0flriate afia g€@fi0mieallj' fea:;ible. Policy 2.1.4.=. [Revised text, page 4] Policy 2.1.5.=. [Revised text, page 4] The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. , '::here appropriate afia ee01101Ttieall:,' kasilclle. GOAL 3: [No change to text, page 4] Ohjeetive OBJECTIVE 3.1.=. [Revised text, page 4] Policy 3.1.1.=. [Revised text, page 4] Policy 3.1.2.=. [Revised text, page 4] The Parks and Recreation Department will be responsible for the design and construction of the all new community and regional parks. Words underlined are added; words strl;lClI{ through are deleted. Words double underlined in red are 5 added; words double stflolGlt tnrsb;lgn in red are deleted - both since 2-23-06 version. Recreation & Open Space Element 3-23-06 Policy 3.1.3:, [Revised text, page 4] The County shall continue to partner with the Collier County Public Schools to co-locate parks in conjunction with new school sites as they such sites are identified and developed and/or to provide County recreational programs at Collier County Public Schools' facilities. Policy 3.1.4:, [Revised text, page 5] The County shall continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for the establishment of community and regional parks, Policy 3.1.5:, [Revised text, page 5] The County shall investigate the utilization of tax credits or other incentives fef to encourage property owners ',"AU !lHG ?.'i,fJ to dedicate land to the County to meet the recreational needs of community and regional parks. Policy 3.1.6 [lI n -deleted previously deleted text, page 5/ The County shall encoura2.e the development 01 pedestri_an oathw~and bike lanes from the surrounding: resiQential C(:.lIT1l1lunitie?_ to Dark sites._ Policy 3.1.+6: [Revised text, page 5] By the year 2010, the Parks and Recreation Department and the Transportation Operati0fi,; Defl~rtfilefit ServH:espivlslOll will investigate the utilization of the existing canal and power line easements to create a greenway system tllrou;ftot1l witj1in the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, AgriculturalIRural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). , '::ftere ~fJfJrofJriate and uunomjeall', fe~Libk: EAR-ROSE CCPC Final 3-23-06 G: Camp, EAR Amendment Modifications, CCPC Final 3-23-06 Words underlined are added; words ctruok through are deleted. Words double underlined in red are 6 added; words double strugl( thr@u~h in red are deleted - both since 2-23-06 version. Conservation and Coastal Management Element 3-23-06 I. INTRODUCTION [New text, page 1] Subsection 163.3177 (5)(d). Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans. an Element. dealing with "the conservation. use. and protection of natural resources in the area. including: air. water. water recharge areas. wetlands. water wells. estuarine marshes. soils. beaches. shores. floodplains. rivers. bays. lakes. harbors. forests. fisheries and wildlife. marine habitat. minerals. and other natural and en vironmental resources." In 2002. the State Legislature made a change to Subsection 163.3177 (6) (d). F.S.. which requires local Conservation Elements to consider the applicable Water Management District water supply plans or water management plans. More specifically. the Conservation Element must "assess their current. as well as projected. water needs and sources for at least a lO-year period." In addition to the Conservation Element. Subsection 163.3177 (5)(g). Florida Statutes. also requires certain designated local governments (including Collier County) to have an element of the local comprehensive plan dealing with coastal management. This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" 1. Maintenance. restoration. and enhancement of the overall quality of the coastal zone environment. including. but not limited to. its amenities and aesthetic values. 2. Continued existence of viable populations of all species of wildlife and marine life. 3. The orderly and balanced utilization and preservation. consistent with sound conservation principles. of all living and nonliving coastal zone resources. 4. A voidance of irreversible and irretrievable loss of coastal zone resources. 5. Ecological planning principles and assumptions to be used in the determination of suitability and extent of permitted development. 6. Proposed management and regulatory techniques. 7. Limitation of public expenditures that subsidize development III high-hazard coastal areas. 8. Protection of human life against the effects of natural disasters. Words underlined are added; words struok through are deleted. Words double underlined in red are I added; words double strb;l@l__ tRr€lb;l~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 9. The orderly development. maintenance. and use of ports identified in s. 403.021(9) to facilitate deepwater commercial navigation and other related activities. 10. Preservation, including sensitive adaptive use of historic and archaeological resources. The statute further relates the functions of the Conservation and Coastal Elements so that. in effect. local governments in designated coastal areas. such as Collier County. are required to prepare a Conservation and Coastal Management Element. which fulfills the requirements for both Elements. Accordingly. Collier County's Conservation and Coastal Management Element is divided into thirteen (13) separate goal areas. These may be summarized as follows: I. Protection of natural resources: 2. Protection of surface and estuarine water resources: 3. Protection of groundwater resources: 4. Protection of freshwater resources: 5. Protection of mineral and soil resources: 6. Protection of native vegetation and wildlife habitat: 7. Protection of fisheries and wildlife: 8. Maintenance of existing air quality: 9. Management of hazardous materials and hazardous wastes: 10. Protection of coastal resources: 11. Protection of historic resources: 12. Hurricane evacuation and sheltering: and 13. Avoiding duplication of regulations. Goals, Objectives and Policies Conservation & Coastal Management Element GOAL 1 [No change to text, page 1] OBJECTIVE 1.1: [Revised text, page 1] By i^~Ugust 1, 1991, the Collier County will complete the development and implemcntation continue to develop and implement ef a comprehensive environmental management and conservation program. which that will ensure that the natural resources, including State and Federally listed ]'31aHt afia animal species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in thc current "Official Lists of Endangered and Potentially Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh "later Fish Commission. Words underlined are added; words ctruok through are deleted. Words double underlined in red are 2 added; words double ebb;l€llt tRr€lb;l~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 J'."---~ Policy 1.1.1: [Revised text, page 1] By.i\ugl:lst 1, 1989, appoint, and establish operational procedures for a technical advisory committee to adyise and assist the County in the acti';ities in',olved in the de';elopment and implementation of the County En',ironmental Reso1:lfces Management Program. Collier County has established and maintains an Environmental Advisory Council (BACt which advises and assists theaooroonate_ COllntYJ:!gencies COURt:,' Ew:inJRmeRtal Eer':i€e~ DeflartmeRt, the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) in implementing the County's environmental resources management programs. Policy 1.1.2: [Revised text, page 1] By the time mandated for the adoption of land deyelopment regulations pursuant to Chapter 163.3202, F.8., includiag any amendments thereto l\Ugust 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental r'Csources protection and management staadaids. Collier County has incorporated the goals. obiectives and policies of this Conservation and Coastal Management Element into the Collier County Land Development Code as the County's standards for environmental resources protection and management.Xhe Lan9 QeveloDI11ent (~ode shall be revised. to reflect the adQ2.l!2n of new and/or revI~~<:I natural reso~lrces mana[!ement and environmental orotection standard~ and criteri.a: Policy 1.1.3: [Revised text, page 1] By January 1, 1990, the County will have in place an appropriately administerod and professionally staffed governmental unit capable of developing, administering, and providing long term direction for the Collier County Environmcntal Resources Management Program. Collier County shall continue to support established environmental oolicies..J2J: rnaintaining rlw ('('Jlli:r COUR[tlD~.lli!RrnzRtal Ser"icqJ2~f_~Rt. a% an appropriately administered and professionally staffed governmental unit capable of developing. administering. and providing long-term direction for the protection and management of the County's environmental resources. PtJlicy 1.1.4: [nHb~d ~~ text, page 1] Collier Ctllmty ~ e@RtifHle@ belLum ad0€luate illli1 effe€tiv€ €0onhRutI0R 0el';:€€R tlg Ew:inmmentaI Ser':ice.; De~artl1lent Re.;0uH:€,.; Mana;::€rftel1t Pro;ram :1illI ~. ;.li~- ~ Qf ~ ;0". erRR1eRtal €Rtitie.; inY01';0d in l:mEl 11:;0 aRB/or 0w,'ironmentaI aeti';itie. :ma re;ulati0fls. Words underlined are added; words GtruGk throl;lgh are deleted. Words double underlined in red are 3 added; words double Gtr.n,l, tRn3l;l~R in red are deleted - both since 2-24-06 & 3-07-06 versions, Conservation and Coastal Management Element 3-23-06 Policy 1.1.~~: [Revised text, pr ~ .'\ void unnecessary duplication of effort and The appropriate Collier County ~!1~) Ew:inmmemtal ~er~jees De~artm€fit shall continue 0oonii!Hlti0Fl. afia cooperation with private natural resource conservation and management organizations, as well as Regional, State, and Federal environmental agencies and organizations. and will Wwork with other local governments to identify and manage shared natural resources. Policy 1.1.~t.: [Revised text, page 1 'Nhen de'/eloping the Collier County shall ~;tIr.(:' (0 maintain a conservation program, which attempt~ to equitably balance the relationship between the benefits derived from. and the costs incurred by such a program to both the public and private sectors. I)oliey 1.1.7: [Uedsed teid, IJage II Contiaue ','lith the phased preparation and adoption of all natl:1ral resources maflagement and en'/ironm.ental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on at} annual basis as standards and criteria are developed. CollIer C011fit/ ~~ fiat~ral reS0~r€€:; fflaml;i<mlefit afiE! €w:if0fimtmlal ~f0leeti0fi stafiE!aras ~mE! eriteria shall 0e iffl~lemefited thro~;k a["lFJn~~riHt€ :~eeti€lfiS 01' the C011ier ~l.:z Lemd Dewlof3FN2Fl.t Cof:le. The Lafid D€':d0~mefi: C€Hie :;hall be FJeri0€1ieall:: r€':ise€L a:; fIla:. ~e nere.,ary. to r€fleet the a€l0Fti0fi 01' fie':: ami/or n~'.i;ed Fl.ataral rSb,011H:'€; Hlafia..:efflenl and €w.in:1fifilefital FJH:lt2€tic:lfl stafiE!aras afiE! eriteria, VaHey 1.1.8: [Deleted text, page 2] Contifll:lc with the phased pfeparation afld adoption of all natural resources management and eflviroflmeatal protection stafldards and criteria needed for use in the Collier County land ooyelopment re'/iew process. Implementation shall occur on an annual basis as standards and criteria are developed. Policy 1.1.~: [Renumbered text, page 2] Objective 1.2: [No change to text, page 2] Policy 1.2.1: [No change to text, page 2] Policy 1.2.2: [No change to text, page 2] Policy 1.2.3: [No change to text, page 2] Policy 1.2.4: [No change to text, page 2] Policy 1.2.5: [Revised text, page 3] Words underlined are added; words ~trl:lok through are deleted. Words double ur]derlln%l in red are 4 added; words double 8trb;lgl~ thmlJgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 The system 'Nill be maintained by the County staff and updated on a cooperatiY0 basis by qualified public and private organizations. Collier County's computerized environmental resources data storage. analysis and graphics system shall share information and resources with other Federal. State. Regional. local and private environmental management agencies and organizations CLflg the generalJ2.~blic. The County shall cooperate with these other entities when updating its system in order that the benefits of the updated system may be shared with all appropriate agencies and organizations. Objective 1.3: [No change to text, page 3] Policy 1.3.1: [Revised text, page 3] DVote: The A.ssessment h<<s been eompleted, <<nd GAfP <<mendments ad8J1ted, f-8r the entire A.ssessment <<I'M; this ineluded establishing .VRPA.s on the Fuhtr-e Lend Use Alap. Ther-e are no longer any interim NRPA.s or <<ny study aFefls. The GAfP amendments ad8J1ted j8r the A.ssessment ar-ea <<Fe now in eff-eet; accordingly, the Pinal Order issNed on June 22, 1999 by the A.Rministrstion Commission, which inelNded a p<<rtial m01'8.torium for the A.ssessment a1'e<<, is no longer in cff-ect.] [No further changes to this policy.] Policy 1.3.2: [No change to text, page 4] Policy 1.3.3: [No change to text, page 4] Policy 1.3.4: [N 0 change to text, page 4] Policy 1.3.5: [No change to text, page 4] GOAL 2 [No change to text, page 5] Objective 2.1: [Revised text, page 5] By January +, ~ 2008. the County shall complete the prioritization and begin the process of prepareing Watershed Management Plans. which thaf 'Nill addrcss contain appropriate mechanisms to protect the County's estuarine and wetland systems. Ih~ procey, shall_<::.()n~isL.JJi1ll_illL~'{;Jlualion of (1J~~a~clQl ~jlj~ll=\Y,~~~:J;shi:d )vlanagen1elll Plans are nol necessary based on ClpTenl OI~ watershed l1}anagement Dlanning efforts, (2) an assessment of a v ailable data and information thal can be used in the develoDment of Wa~L'i.hed Man~Illent Plans. and (3) bucigetauthorizatiol1 to starl the first Watersh~g Management Plan _ bv J~_nllarv 2008. A funding schedule shall be established to ensure that all Watershed Management Plans will be completed by ~201 O. In selecting the order of Plan completion. the County shall give priority to watersheds where the Words underlined are added; words otruok tRrough are deleted. Words double underlined in red are 5 added; words double E;trbl@l: thr@lolgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 development growth potential is greatest and will impact the greatest amount of wetland and listed species habitats. The schedule and priorities shall also be coordinated with the Federal and State agency plans that address Total Maximum Daily Loads (TMDLs). Policy 2.1.1: [No change to text, page 5] Policy 2.1.2: [No change to text, page 5] Policy 2.1.3: [No change to text, page 5] Policy 2.1.4: [Revised text, page 5] All Watershed Management Plans should shall address the following concepts: a. Appropriate wetlands and as:;0eiatea uplands serVIng as a buffer to wetlands are conserved; b. Drainage systems do not umteeefltal=lly Itffeet degrade wetland and estuary ecosystems; c. Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt-water intrusion are lessened; e. The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; aft4 f. The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and h. Non-structural rather than structural methods of surface water management should be considered first in andy-proposed new works~ 1. Wetland and estuarine habitat ':cllue:;J'unctlons are conserved and/or enhanced; and 1. Wetland and estuarine ecosystems will be conserved and/or enhanced using a variety of innovative tools. including landowner incentives. public acquisition. conservation easements. and/or transferable development rights. Policy 2.1.5: [Revised text, page 6] i\S appropriate, integrato environmental resources data collection, planning, and management activities ',,"ith the wator management basin studies described in othor parts of this Plan. Upon establishment of the various Watershed Management Plans for Collier County. all environmental data collection. environmental management and environmental planning activities conducted by Collier County shall be conducted using a basin-by-basin approach. Words underlined are added; words ctruok through are deleted. Words double underlined in red are 6 added; words double l'jtrugl~ thr@Clgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Polh:y 2.1.6: [Ih:",'iseo Deleted text, page 6] C011i0r OJlUlt',' SHall e0fitifi1l0 to P~nHn()te ifiter;;O'.'@rnft10fital e00F~erati()fi bet',';eefi C0nin Omnt)' lifia ~ tHe fl1Mfiieif'lalitie:; of .t~~l~~/I,.Jaf'll0:; lifia E;';ergla€le:: City for eOfl:j:,t0nt wat0r::Hea fluma.;ement fllannin.;. Policy 2.1.~*: [No change to Renumbered text, page 6] Policy 2.1.7,& [New text, page 6] Collier County shall take the lead and promote intergovernmental coordination between the County and other governmental agencies involved with watershed planning. including. but not necessarily limited to. the municipalities of Marco Island. Naples and Evendades Citv. the Florida Department of Environmental Protection. the South Florida Water Management District. the Florida Fish and Wildlife Conservation Commission. the U.S. Fish and Wildlife Service. afi€l the U.S. Army Corps of Engineers and _ other !!overnmental a!!encies. The County will fi0t fieees:;aril:, take the lead and oversee the m prepar~ation eaeH @fie of the necessary watershed management plans. ~ and will rely upon the work performed or data collected by other agencies. to the extent that these agencies have data and/or experience. which may be useful within the watershed basin planning and management process. Objective 2.2: [No change to text, page 6] Policy 2.2.1: [Revised text, page 6] Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER Florida Department of Environmental Protection (FDEP) regulations and are not in violation of other Goals, Objectives and Policies of this Element. Policy 2.2.2: [N 0 change to text, page 6] Policy 2.2.3: [No change to text, page 6] Policy 2.2.4: [No change to text, page 6] Policy 2.2.5: [Revised text, page 6] By December 31, 1998, identify stormwater maaagement systems that are not meeting State water quality treatment standards. By December 31. 2008. Collier County shall have ifiItiatd identified a process to identify stormwater management systems that are not meeting State water quality treatment standards. In developing and implementing such a process. the County shall seek Words underlined are added; words struok through are deleted. Words double ~~EJQ in red are 7 added; words double Qtrb;l€l, tJ;;trg\j~J;;t in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 guidance and assistance from the South Florida Water Management District (SFWMD) and FDEP. See DW notes Objective 2.3: [No change to text, page 6] Policy 2.3.1: [No change to text, page 6] Policy 2.3.2: [No change to text, page 7] Policy 2.3.3: [Revised text, page 7] In an attempt to increase ground water leyels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the v/utershed above the control structure V/hich v./ould amount to 50% or more of the cost of a ne'N structure shall be designed to retain as much water as appropriate. All watershed basin modification activities shall include appropriate detention and retention criteria. consistent with the rules and regulations of the South Florida Water Management District. Big Cypress Basin Board and Collier County. as may be applicable. Policy 2.3.4: [No change to text, page 7] Policy 2.3.5: [No change to text, page 7] Policy 2.3.6: [Revised text, page 7] The County will only allow Restrict development activities where which will not 5'I:leh ee\:Hd adversely impact coastal water resources. This is implemented through the following mechanisms: a. Require all-'!PolicabJe Federal and State permits addressing water quality to be submitted to Collier County before Collier County issues a Pinal Development Order. b. Exs:lLl~iing_c_~~lL~~lgrlllb~cj!i)!~~f1hny project impacting 5 acres or more of wetlands must provide a pre and post development water quality analysis to demonstrate no increase in nutrient. biochemical oxygen demand. total suspended solids. lead. zinc and copper loading in the post development scenario. c. By January 2008. the County shall undertake an assessment of the current model used to evaluate pre and post development pollutant loadings referenced in (b) of this Policy. At a minimum. the purpose of this assessment will be to verify the accuracy of the model and to provide data evaluating storm water management structure design. In reviewing the accuracy of the model. the County will include an evaluation of the reduction of lake depths with time and the corresponding loss of retention volume. the impact of lake stratification. and the need for aeration. The assessment will also include the sampling of runoff from undisturbed sites Words underlined are added; words fltruok through are deleted. Words doubleunderl_ined in red are 8 added; words double 0tflJcl~ thr€llJ\"jh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 and from permitted stormwater outfalls for the parameters listed in Para2:raoh (b) of this Policy and f€lr la':.'fi €an~ pesticides. The results of the assessment and recommendations regarding the pollutant loading analysis, revisions to current model methodology. potential regulatory restrictions. and further monitoring shall be presented to the Board of County Commissioners lill:Jurth~r<,Un:TtL()D; Objective 2.4: [Revised text, page 7] By June 30, 199&, complete a draft agrecment with the Florida Department of En'/ironmefltal Protcction regarding coordinated and cooperative planning, managemcnt and monitoring programs for Rookery Bay and Capc Romano Ten Thousand Islands '^1quatic Preserves and their v/atersheds. The agreement shall identify the process for notifying FDEP of developmcnt projects within the watersheds of these presef'/e areas. Collier County shall continue taking a coordinated and cooperative approach with the Florida Department of Environmental Protection (FDEP) regarding environmental planning. management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. As part of this process. the County shall continue to notify FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: [No change to text, page 7] Policy 2.4.2: [No change to text, page 7] Policy 2.4.3: [No change to text, page 7] Objective 2.5: [No change to text, page 8] Policy 2.5.1: [No change to text, page 8] Policy 2.5.2: [No change to text, page 8] Policy 2.5.3: [No change to text, page 8] GOAL 3 [N 0 change to text, page 9] Objective 3.1: [Revised text, page 9] Ground water quality shall meet all applicable Federal and State watcr quality standards by January 2002 and shall be maintaincd thereafter. Collier County will continue to implement numerous proactive programs designed to protect the County's ground water quality from man-made pollution sources. However. due to natural conditions impacting the water quality found in Collier County. some federal and state water quality comlitiorL _standards may not be achievable. Therefore. Words underlined are added; words ctmok thr-ough are deleted. Words double underlined in red are 9 added; words double Gtrb;l€lk tRr@b;I~!;l in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Collier County will continue to take all necessary actions to maintain the highest attainable level of ground water quality within its aquifer systems. FurtHer, tHe Cmmt" v.'ill aflfllj' F€aeral afia State ?:ater qMalitj' stafi€lanis as a meafiS tw/:ar€l aeHie',jfi; tHi.; objeeti':e. Policy 3.1.1: [Revised text, pages 9, 10] There are changes to sub-paragraph 2.j) of this policy, only. All other portions of policy are unchanged. j) On-site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W-l, W-2. and W-3 shall continue to meet all construction and operating standards contained in Chapter 64E-1O, F.AC. as the rule existed on .i\Ugust 31, 1999 and shall implement a ground water monitoring plan. Objective 3.2: [No change to text, page 10] Policy 3.2.1: [No change to text, page 10] Policy 3.2.2: [No change to text, page 10] P-eliey 3.2.3: [Deleted text, page 10] "^' committee of v/ell contractors and drillers, County staff, Health Department staff, and South Florida 'N ater Management District staff 'vVill continue to eyaluate the need for well construction standurds that arc more specific to Collier County and reflect Collier County conditions. Policy ~ 3.2.3: [Revised, renumbered text, page 10] The County 'Nill inform well contractors and drillers and the public on the necessity for proper 'l,'ell construction and hold ',vorkshops for 'lIeU drillers on proper techniques for well construction in Collier County. Collier County shall continue to provide informational materials and hold informational workshops (for well contractors. well drillers and the general public) concerning the importance of following proper well drilling and construction techniques in Collier County. Policy ~ 3.2.4: [Renumbered text, page 10] Objective 3.3: [No change to text, page 10] Policy 3.3.1: [No change to text, page 10] Words underlined are added; words struok through are deleted. Words double underlined in red are 10 added; words double GtrClel( thr@lJgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 3.3.2: [Revised text, page 10] Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitivo lands". Collier County shall use its three-dimensional computer model to calculate the actual afia/or ~0teRtial "cones of depression" around the County's existing 0r ~lafifiea potable water wellfields. After at least 15 days Dublication of the maDS of the oroDosed "zones of protection" for each such wellfield before each heari.!!g by the EAC. Planning Commission and the Boat:d of County Commission. t~he County shall then amend the appropriate elements of this Growth Management Plan to show such "cones of depression" as "zones of protection" within the Countywide Future Land Use Map Series. Policy 3.3.3: [No change to text, page 10] Poliey 3.3.4: [Deleted text, page 11] Continue to establish and apply technically and legally defensible criteria for determining and mapping zones of protection. [Deleted text, page 11] Former OBJECTIVE 3.3 aBd P.alieies 3.3.1, 3.3.2, 3.3.3, 3.3.4 [deleted] Objective 3.4: [No change to text, page 11] Policy 3.4.1: [No change to text, page 11] Policy 3.4.2: [No change to text, page 11] Policy 3.4.3: [Revised text, page 11] Groundwater quality monitoring data shall be Aflssessed the datu annually to determine whether monitoring and evaluation activities and County Ordinances require expansion, modification or reduction. The data will also be assessed for the purpose of determining whether County groundwater protection ordinances should be amended. Policy 3.4.4: [No change to text, page 11] GOAL 4 [No change to text, page 12] Objective 4.1: [No change to text, page 12] Policy 4.1.1: [No change to text, page 12] Words underlined are added; words struok through are deleted. Words double underlined in red are 11 added; words double etrlolelt tl9reb;lgt::t in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 4.1.2: [No change to text, page 12] Policy 4.1.3: [No change to text, page 12] Objective 4.2: [Revised text, page 12] The Collier County Water-Sewer District and the Collier County Water and Wastewater Authority will continue to promote conservation of its Collier County's potable water supply and by .^..pril 1, 1998, develop will continue to develop. implement and refine a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: [No change to text, page 12] Policy 4.2.2: [Revised text, page 12] The County shall Nnegotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where such treated effluent same is available from existing and future wastewater treatment plants. Policy 4.2.3: [No change to text, page 12] Policy 4.2.4: [No change to text, page 12] Policy 4.2.5: [No change to text, page 12] Policy 4.2.(j: [Deleted text, page 12] E','uluate and make recommendations, v;here appropriate, for plumbing fixtures and landscapes that are designed for water conseryation purposes. GOALS [No change to text, page 13] Objective 5.1: [No change to text, page 13] Policy 5.1.1: [Revised text, page 13] The County shall all 0 v,' mineral extraction operations as provided in the zoning code. The Future Land Use Element (FLUE) and the Golden Gate Area Master Plan (GGAMP) Element of this Growth Management Plan (GMP) delineate future land use designations. districts and/or subdistricts wherein mineral extraction operations are :emT~1l1<,' allowed. either by right. or through a conditional use permit. ~.1iJleral e:~traetioR aeti':ities ar? :ener~dl<,' R~;Ulll;':.ed ':.ithin thLl!!l1nubj~~rbaR ,\rea. ~:,; aeIitH:~atcd '::itRiR th~ 1l't1tltoblee :'.rea p,1~~J~.LJ?t.~R_JL'i.~1I~JJ;J~~!lU__~f thi:; PIaR. The Collier County Land Words underlined are added; words struok through are deleted. Words double underline,\! in red are 12 added; words double otrb;lgh thr€llJgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Development Code (LDC) ~ Wi:!J' allow mineral extraction activities in appropriate zoning districts. consistent with the provisions and limitations contained within this Plan. Poliey S.1.2: [Deleted text, page 13] .'\ "1:ater tt.;~ !'llafi ffHLt ~e !'lr€tJarea ~.,' tke atJtJlieafit aHa aO!'lr0':e€l b', tke Cmmtv \\'ater ~,1afia:em€fit De~artmefit ~et@re fie?: H1iH€ral 0-.EJeratioHs are tJermittea_: Policy 5.1.~~: [Renumbered text, page 13] Policy &M 5.1.3: [Renumbered, page 13] Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1.) Policy ~ 5.1.4: [Renumbered, revised text, page 13] Collier County shall r0Mtinel:t' monitor Ihe_status ot all establishec.l state water quality monitoring orogranlS for mineral extraction activities, 1'(:-)1' eOlllt~~.lfie2 ?:itk j:Jermit retIuir€H10fits ifiel:.lain;. [;Jut fi0t limiteEl to. Monitoring shall be required to determine €I5HlFJliafiee ';,jtl1 State v:ater qMalitj' ,;tar:aan:l::. unle:;:; a ys.riallee. i. :.:raftteEl b',' the State us Dart I:if tke I'J01'mit al''ll'lf0Y!tl. The~ults of the P!dllli1:lliLmonitoring oroQ:ram shall be cooie9 to Collier Countv.}.lillifi,; s.eti':itie,; ,;kall :;toFJ if ~ '::ater tItlality :;t!HH:lanL an~ '.-iolated it.; a re.,ldt of the minin; ofJl;m:tlon mineral e;~t1'm~tiun tieti.. ities.~!l: e;~traetion ~:t.'ti',-iti.:s ~;kall re,;Uft1e eml:,' tlj:J0n a~f1r0~riate re:;oluti0Jl 0r miti::atj0n of tk~ State "1:ater CJ.tlality ':i@latiofi.=In the event)h(1t a mininiUlJ2~JJililln is in vi91'!!is:~~,:,ate_.r qualitv oarameters established~theQermiL Collier COUll!yshall have the righLto _orcl~r a su~ension of tIle mininE activiti_cs un!!! ~lle Welter '-LL~_':Ilitv violatign is resolved. Folie',' ~.1.~: I >le'.., text, Jlage 12\ If a fl€titi011er 1'151' a mineral eJ~traeti(m pernut L retJ.uired to ha',e federal. State. SmlHl Flori@a 'Nnter Mima;emefit Distriet afia/Or 0tker ;overnft1efital a;efiej' flermits. Collier COafitj' skall not i:;:;ue a Cmuitj' flermit f0r ::t1ek aetiyitie:; until S:'I€B timz Cl:; thzJlJU.W.Qll~.r !lClS n.'eei',nl all @tk€r rztJ.uired pl:'nniL: (StaR C. tD acldre:;;) Objective 5.2: [No change to text, page 13] Policy 5.2.1: [Revised text, page 13] The Program '.vill define reclamation standards for the protection and restoration of wildlife habitat. Reclamation standards for mineral extraction activities shall be as required by the 1986 State of Florida Resource Extraction Reclamation Act. and as referenced in Section 22- 112. of the Collier County Code of Laws and Ordinances. as amen~l~d.. Words underlined are added; words &trllok through are deleted. Words double underlined in red are 13 added; words double Gtri>l€ll, tt;tf@H3R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Objective 5.3: [Revised text, page 13] The Collier County Engineering Services Department shall periodically On biennial basis, beginning in October, 1998, re'lievl and refine estimates of assess the types.. aft4 quantities and location of existing minable mineral resources in Collier County, based in information collected during previous biennium. Policy 5.3.1: [Revised text, page 13] The Collier County Engineering Services Department shall Wwork with the Florida Department of Environmental Protection.. aftd the Florida Geological Survey and local mining industry officials to inventory and evaluate assess the existing mineral reserves in Collier County. The inventory and assessment will incorporate use of a GIS-based database of all areas within the County that are permitted. either by right. or through a conditional use permit. to conduct 0itrtk filInill~.Jlll11~Lalexuactlon operations as well as the volume of fill that is permitted to be removed for each such active zurth minIn~ Qflerati@fi milJeral extraction. Objective 5.4: [No change to text, page 14] Policy 5.4.1: [No change to text, page 14] GOAL 6 [No change to text, page 15] Objective 6.1: [Revised text, page 15] The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study /\.rea, for which policies are required to be adopted by November 1, ~ that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay. Policy 6.1.1: [Revise text, pages 15, 16] For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual lsts Sf parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to Words underlined are added; words ctruok through are deleted. Words double undBrUned in red are 14 added; words double (';trlJ€1l~ thr€ll:~ in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 policies supporting Objective 2.1 of this Element. The standards and criteria provided for in this policy may change for the area gO'.rerned by the Golden Gate .\rea Master Plan, which is currently under restudy. by Plan amendment. Native VeQ'etation Retention Renuirements Coastal High Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres. 10% Residential and Mixed Equal to or greater Equal to or greater than 5 acres Use Development than 2.5 acres 25% and less than 20 acres, 15% Equal to or greater than 20 ac. 25% Stand Alone Golf Course 35% 35% Commercial.. aft4 Less than 5 acres. 10% Less than 5 acres, 10% Industrial and other Development Equal to or greater Equal to or I than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) project site. project site. The following standards and criteria shall apply to the native vegetation retention requirements referenced above: (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for Words underlined are added; words ctrLJok through are deleted. Words double underlined in red are added; words double Eitrb;l@l~ t!;;lr@"'!il!;;l in red are deleted - both since 2-24-06 & 3-07-06 versions. 15 Conservation and Coastal Management Element 3-23-06 determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All-eOn-site ef and off-site preserve areas shall be identified as separate tracts and protected by a permanent conservation eascmcnt mechanism to prohibit further development, consistent with the requirements of this policy. The type of oermanent conservation mechanism. including conservation easements. required for a specific development may vary based on preserve area size. type of development approval. and other factors. as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preservation preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland Aareas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this ~lement. b. Xeric Scrub. Dune and Strand. Hardwood Hammocks. fe. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM. unless permitted for impact prescrved pursuant to Policy 6.2.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997. as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62-345. F.A.C. fie. Upland habitat shall bc part of the prcscrvation rcquiremcnt when wetlands alonc do not constitute all of thc requirement. Upland habitats ha'/e the following dcscending order of priority: -h Any upland habitat that serves as a buffer to a wetland area as identified in Para~raDh (4)c. above. 2. Listed plant and animal species habitats, 3. Xcric Scrub, 4. Dunc and Strand, Hard',vood Hammocks, ~ ~. Dry Prairie, Pine Flatwoods. and L 6. All other upland native habitats. d. Exceptions to these priorities are notcd in (7) bolo'l,. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. such as pervious nature trails or board'Nalks are allov,ed '.vithin preserve arcas, as long as any clcaring required to facilitate these uses does not impact the minimum required vegetation. Criteria identifying what constitutes a loss of function shall be set forth in the land development regulations and will address various types of construction that are Words underlined are added; words struok through are deleted. Words double underlined in red are 16 added; words double strb;l€ll: tRr@l.l~h in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. b. Receipt of treated stormwater discharge where such use. including conveyance, treatment and discharge structures. benefits a0es Hot result ifi !Hi)' aaverse impact eft the naturally occurring. native vegetation. as determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter 17-302. F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable). and maintenance of permitted facilities. If applicable. a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (i). S late and federal rnana!2.emenl RJans consistent with the re~irements of the LDC_ will be acceDt~d, (7) Exceptions, by meaflS of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preseryation area and the proposed acti'lity. Criteria for allo'.'1ing these exceptions include: (a) 'Nhere site eleyations or conditions requires placement of fill thereby harming or reducing the sur/iyability of the native '/egetation in its existing locations; (b) \Vhere the existing yegetation required by this policy is located where proposed site improvements are to be located and such improvements can not be relocated as to protect the existing native vegetation; (c) \Vhere native preservation requiroments are not accommodated, the landscapo plan shall re create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re create the lost nature vegetation. f8-lLParcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement. (9~) Preserv~ffii.eH areas shall be interconnected within the site and to adjoining 01'1'- site preservation areas or wildlife corridors. (-lG2) Should the amount of wetland vegetation exceed the mInImUm vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks. and landscape buffers, to allow for increased areas of preserved wetland vegetation. Words underlined are added; words otruok through are deleted. Words double underlined in red are 17 added; words double Gtrb;l@k tRr€l\;l~h in red are deleted - both since 2-24-06 & 3-07-06 versions. ConseNation and Coastal Management Element 3-23-06 Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (10) Within one year of the effective date of these amendments, the County shall adopt land development regulations that allow for all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment. land donation.,Ol,orher aODrQPnate, n!~Jhod,of comoensation. as ~ietermined in the land develoJ2!llent re!!ulations. to an acceDtable land acauisition orogram. to tfle Con:~T,ati(1F1 Collier Lana ,^,,€'E[t>li.;itiofi Pro:ram Qr. if t~e C0fiser:uti0fi Collier Pro::nllnn~) ]cm:er e:;LJ:;, to Lll1otJI~L-.~lill~Llgl:ill-~j;i1iC)lLnf()";Ulln for t~e ~rdHLe 0f l!m€i ifi C€lllier C0~lFItj' ~:~mI~Jl!ilJh~ ?,'itH tHe e0fi:~er';ati0fi 01=1.ieeti':e; et tHe C0n;;er:::ati()~, C::011i~LPr~~!}IDh.,sMsieet to t~e flr0':isi0fis 0f Para;raflH II of thi'i ~. The land development regulations shall provide criteria to determine when this alternative will be allowed. The criteria will be based upon the following proVIsIOns: a. The amount. type and quality of the native vegetation on site; b. The presence of conservation lands adioining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; and d. The type of land use proposed. such as, but not limited to., affordable housil}g, tabfi; t~e flr€')',lSi@fi ofatlorsal:'lle H@Msifi::: ifit0 a€e0Ufit. ~nd, develQpmf.mJ.:~.,g,kJJaLi()r!c,,__sh-,'!lL~jl!<:lude a__metho~ologv to establtstl,the rnoneUlrv value. lan~. d()natiuIl,~ll',_otherJ:!.[J.QrQnriat~lnethodQr conlQens~t!Q!l. f€w Ba', HIgfit to tHe C.msel",a:u:3f'l ('oilier Pr@:::r-li!'f'j. UJ) WHere flre:er':atlQlL.QtJJ2g,_1!f!!!~l...:,:,,~on retefitiofi req~liren=Lefit i:; fi0t reqMir€0 to ~e sati:~f.i.~Q!!.2i!~~L!s2J~~O of thi:; P0Iie::. t~e n:E[MilTfi~efit ::k:1I-be uti;fi",j "":: prcr:idin; a p:r,mzfit.!iLtll~)l~~i0fi C011ier Lafis :~~j!.illD Pro:-rarn. nr. if tHe C~'1.r~\j;~~~Ui~):-rafi1 FlO 10ft.:n ej;i::t;. to a~[(1thef fJul=1liely f:.lfised larui ~Hsf:jlli.jti0!Lllru:-rmn f~lr t~e flMrefla:',e of lafi€! ifi C011izr Co~~ eOffifJatil<lk '::ith tHe ef:1fi:er':ation o\;1jezti':e:: 01' tHe C0fi.~er',uti~m Collier Pw:::r:ml: ~~r itfti none \<' ar of 11-:", dleeti ',2 jute () l' thesl:" aM~eMdment:;. the C0Mfit.,' :;ftall a€loIl! J?.lld de',elupment re"::lIl:lliun~!.I1l~m]zmellt (hi; a]llirwti',e. THe lan~i ge':eloflIHent re:::ulaticm.:; :11[111 ioe]tlde a l1l",t19o_Qill.~~~~..x-,--H~0JiJL~__lnQljgtlG ':.'.~QfJ;:Ll1. n :,-me n t to I ft2 r_;':'~C:H1Q1:!~QIJK!:.I'~ll]" (~ll) Although the primary intent of this Policy is to retain and protect existing native vegetation. there are situations where the application of the retention requirements of this Policy is not possible. In these cases. creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. Within one year of the effective date of these amendments. the County shall adopt land development regulations to determine the circumstances for when creation or restoration is allowed and to specify criteria for creation and restoration. (gI2) m a€lc!itIOILh2,J~,E[l):,];J..Q.J.L:...1.;J l'ara:,:wflh,,l,JJ\2l....llili1J j j) of tftL ]lohe,'. the The County may grant it_'::.~;!jililC_-:d~y_wtil)D to the native vegetation retention Words underlined are added; words ctruck through are deleted. Words double underlined in red are 18 added; words double iiJtrb;lQI~ threlJ\"jh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 requirements of this Policy.~XC~PLJI1e~. Native Ve2:etation Ret~!ltion Reauirements Table. andJ2rovisions, in. p.ara2:rC:il'.hs 1. 2. 3. 6. and 7. Within one year of the effective date of these amendments. the County shall adopt land development regulations to set forth the process for obtaining a \'ariafiee ~L~I}, amI for ~t~..;. tfle eriteria HfJOfi ';~'flieh a '..ariaftee ma:,' be :nmte€!. The regulations shall allow for the granting of a "ariafiees deviation by the aODropriate review J2llilIlt Boar€! 0f Z€lftift; ,\fJfJeaL (BZ.\) after a public hearing and for ':ariaMees the granting of a deviation tflat Ina:f' EJe ;rafitea administratively. Ih~ County shall consider tbe amourlt and tvoe of nati ve ve!!etation and the Dresence of listed soecies in detenninin!! whether the !!ramin!! of a variance deviation requires a oublic hearin!!. or m~e li@nted administrativ~.. Criteria for ;rafitifi; a \'ariafie8 shall ifielu€le: a. .\fi a:~:;es;mefit 01' tfie afi10Elfit. tYfle afi€! eJlIalit:, of tfie fiati'..e ':e;etati0fi 0fi site: l'J. THe flre:;efiee (If lUetl :~fleeie;; e. T~l'fJe of Ian€! u:;e; afid. d. Vethq-al afi€! State flennit re€luiremefits. a. C011fitj'. F€€'ieraI 0r State manaate:~ reqMirift; tHat speeifie :;it€ imfJrw.emefits be ma€!e 0fi or to eertain arza.: 01' HH~ fJf0fJ0sea de'.el0fJfilefit resultifi; iN afi ifial'Jilitj to ftleet tHe req:'lirelTl€fib of tHis P0lie:,'. The County may 2Tant a deviation if: a. County. Federal or State ~es require that site imorovements be located in. areas which result in an inability to meet theJ2[9visions of this Policy, Q1' b. On or off-site environmental conditions are such that the aoolication of one or more oroyisions of this 'pl~li9:: is nOL.Qossible or resulJ. in a Of'eserve area of lesser aualitY.J2l c. The strict adherence of these provIsions willnot allow for theimolementatiQn of other Plan oolicies that encoura!!e beneficial land lIses. Policy 6.1.2: [Revise text, pages 17, 18, 19] For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. ,except that, for Section 24, Township 49 South, Range 26 East, located in the North BeUc Meade Overlay, a minimum of 70% of the nati'v'e vegetation present, not to exceed 70% of the total site area, shall be preserved. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; Words underlined are added; words ctruok through are deleted. Words double underlined in red are 19 added; words double strOl@k thr@lJgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999. for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit. whichever is greater, exclusive of any clearing necessary to provide for a 15- foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present. not to exceed 25% of the site. (1) For the purpose of this policy. "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melalueca or other invasive exotic plant species. The vegetation retention requirements specified in this policy are calculated on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-story and ground cover, emphasizing the largest contiguous area possible. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3)Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. A-ll-eOn-site €M' and off-site preserve areas shall be identified as separate tracts and protected by a permanent conservation cascment mechanism to prohibit further development, consistent with the requirements of this policy. The type of conservation mechanism, including conservation easements. required for a specific development may vary based on preserve area size. type of development approval. and other factors. as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as the preserve areas shall reflect the following criteria in descending order of priority: a. Onsite v/etlands shall be preserved pursuant to Policy 6.2.5 of this element; f\;1:r.-Wetland or upland Af\;reas known to be utilized by plafit 0f animal listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the Words underlined are added; words Gtruok through are deleted. Words double underlined in red are 20 added; words double ~tn,jglt ti:'lr€l~~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. PMcels containing gopher tortoises shall protect the IMgest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. b. Xeric Scrub. Dune and Strand. Hardwood Hammocks. c.b.:. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element; e. Upland habitat shall be part of the preservation reqairement v/hen \vetlands alone do not cORstitute all of the requirement. Upland habitats ha','e the follovling descending order of priority: Q. -l. Any upland habitat that serves as a buffer to a wetland area, as identified in (4)c. above. 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, e. ~. Dry Prairie, Pine Flatwoods, and t. e.: All other upland native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. such as pervious nature trails or boardwalks are allowed \vithin preserve Meas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. Criteria identifying what constitutes a loss of function shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. b. Receipt of treated storm water discharge where such use. including conveyance. treatment and discharge structures. dQe:; fiot result in any ad','eLe impaet 0fi tke benefits the naturally occurring. native vegetation. as determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter 17-302. F.A.c. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for all preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable). and maintenance of permitted facilities. If applicable. a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (i). ~i!!)(j federal. nl(_lrl(lgern_eI_lJjJJ~l!lL<.:.9l.l;iistentccwith the relllnrelnents _(jt tQ~ !:=[)~~yill~~~_c~~~. (7) Off-site preservation shall be allowed to provide flexibility in the project design. Words underlined are added; words EtrLJok through are deleted. Words double underlined in red are 21 added; words double Gtri>l€ll: tl9mbl~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 a. Within Receiving and Neutral Lands, off-site preservation shall be allowed for up to 50% of the vegetation retention requirement. 1. Off-site preservation areas shall be allowed at a ratio of 1: 1 if such off-site preservation is located within designated Sending Lands or at a ratio of 1.5: 1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Within non-NRPA Sending Lands, off-site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. 1. Off-site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3: 1. c. Off-site preservation shall not be allowed in NRP A Sending Lands. (8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. (9) On-site preservation areas shall also conform to the Open Space requirements as specified in the Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. (10) Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; (11) Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors; (12) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. Policy 6.1.3: [No change to text, page 19] Policy 6.1.4: [Revised text, page 19] [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J Prohibited invasive exotic vegetation shall be removed from all new developments. (1) .^..pplicants Petitioners for d::::..,:::]uprm::lt ptrmiL sltcplauor pLais. shall submit and implement plans for invasive exotic plant removal and long-term control. Words underlined are added; words struok through are deleted. Words double underlined in red are 22 added; words double etFl,lgl, tlo1rfiJugh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 (2) The petltIOners for development permits shall prepare and submit native vegetation Mmaintenance plans.. which shaH describe specific techniques to prevent re-invasion of the development site by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation species within the Collier County Land Development Code and will update it such list as necessary. Policy 6.1.5: [No change to text, page 19] Policy 6.1.6: [Revised text, page 19] ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 - The requirements of fI3:i.s Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall include be defined as: those uses for which all required permits were issued prior to June 19, 2002; or.. projects for which a Conditional UH-se or Rezone petition has been was approved by the County prior to June 19, 2002; or, land use petitions for which a completed application Has been was submitted prior to June 19. 2002, The continuation of existing uses shall include expansions of those uses if such expansions are consistent with.. or clearly ancillary to.. the existing uses. (No change to second paragraph of above Policy.) Policy 6.1.7: [No change to text, page 20] Policy 6.1.8: [Revised text, page 20] ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] An Environmental Impact Statement (EIS). or submittal of aooropriate environmental data as soecified in the Countv's Jand develoDment re!!ulations. is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. )]le ~d{lInJv:s land develoillllent re!!UlatlOns shall establish the criteria for detenninin~ the~ oLQ!:gJ2osed develQl2lllent ~liri~ i::IS. including the size and nature,of the proposed d~velQl2nl~m~,c_nl~.,l~Q!!~LJJlt; orclDosed develooment in !:\:,lation to existing=~!lVlrODXl~!!.mLcJ.lar~(J~rl~li~~c~t~e_~l~_~l~~~=S2j site alterations. and other pertinent illf'Clrrnation. ~~^.fi EIS :;l~all be reqttircd Llr: Words underlined are added; words struok throblgh are deleted. Words double underline.d. in red are 23 added; words double stfl;l€ll, H1r€lbJ~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 1. .'\R)' site ".'ita aR ~;T or ,"~C8C ~T overlay. 0[ ?.'itfiiR tae 00llfidarie:: of 8efHfifl'; LaRd:: €H i'JRP,'\'s.. ;t-;- :\11 ~;ite:: ::ea?.'ar€l of tae Coastal Hi.;fi Ila~~ard ""-rea bmm€lary taat are 2.5 or mUfe ~ :+:- :\11 :,lte.; lan0.',\'arrd -of tne Coa.Jal Ili,;h Ila;'.ard :\rea bmmdary taat are teR t~ (lQl€lr mere aerrg::: 3. ""-R:,' siH~ that is I:R0','.'R to be utilized 0Y flhmt 0r aRima! listed sfJeele:; 0r '.'.'etlaRtL ~lli H l' U fleti0l1ttl it.,' seore of :::rzater ta[lfi 0.ti5 '}.rR\P 0r 0.7 l!H:\H 'I. ,".R) other 0.<:'. el0flmeRt or :;itc alteration, ':.'hieh i19 th0 @f1iRio19 of tAc de':elqm10nt :;el....lee.. €lireetor, '::oMI0. Aa'.e :,u0:,tantial ir:lfl~H?t Elflon ew:ir0RRler:tal quality. LThe EIS rel:\l3iremeFlt doe.; not appl:/ to a ::in;le fan!!l)' (]f €I11flle); u:;e un a ..iR.;le ItH or fJareel. Enem.fltieJfi:; stutll R0t llflf1I:, tLl Clfl', f9are€l \':itk aR ST or .\C8e S1' e':eda:,', 01 '1:itfiift the tJollJ1daric; of Sendi~LaR0I:; 0r i':RP""~:; or as otaer".i:€ a11o?:e0. ElY the ST 0r /\CSe S1' criteria. ~1'fi€ EIS r€quinml€Rt fllaj' be ....al',at :;uflJect to the follo'::in;: I. ,\;rieuJtmal u:;e:; a:; deft1ged 119 fu!.1.g. (}.1 5.003('). ~, iR€'ludiR; aE[uael3ltme felt Rati',,€, ::fleeies. 2. ,-^.Jter iR:-:f1eetion ,91' 8flpr0priate €lata afta iHf0rm:ltioH bj' (~0URty :Jaff &fia filiJ:l; of. a "'.TitteR l'l:Jf3ort, aR)' Ilm€l 0r flared 0f laR€llli.QLha:: ~een ::n aI1ef€~ It:: to ha',,€ IlTzflara~ t~ dama;e to tke 2~01 0 ;ieal. draiRa;e, or ;rml19€iy/ater reehar;e hIRetIOR.:; or tkat the €Ie'. elopmeF'lt of tfi€' :;ite "sill il~flro'..e 0r eorreet the e;~i~:tifl; ez@Il:3;ieal fEll9.etic)fi:: ~ix~ or not reqMire CRY m.ajor alteratwn l~f tlle e);i:;tiR'; laR@feJrlfl:;. draiFla;e, Of flow an€l fauRa element~; t~f tfie flro~ertj'. Fm th~ ~~rflo,e of t[l1; flolieJ, major alteratlOIl .;kall ffi~an .;n~ah,H': than JO(,< of tlie :;lte, ~.~~.L;;ernfltwIL,hClII 19.0 ( appt; tu an',' pareel ?:ith aR ~;T or '''LeSe ~T uyeda). or ?:itkn; t[;qe Ijoundari2:, of ~:2nd111; Lanci: or ':111>,'\'; ce~flt tor ;m,;le fafni/y keme or as otker?:i::e allcn:elf 0') the ~:T :)r \CSC ~:T eriteri:L Policy 6.1.9: [No change to text, page 21] Objective 6.2: [Revised text, page 21] 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. These policies shall apply to all of Collier County exccpt for the Eastern Lands Study "'\rea. for which policies are required to bo adopted by No','ombcr 1, 2002. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Obiective 2.1 of this Element Policy 6.2.1: [No change to text, page 21] Policy 6.2.2: [No change to text, page 21] Policy 6.2.3: [Revised text, page 21, 22, 23] Words underlined are added; words struok through are deleted. Words double underlmec! in red are 24 added; words double strb;lgl~ tRr€lugh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. This wetland preservation and conservation process shall be coordinated with the Watershed Management Plan process. as referenced in Obiective 2.1 of this Element. However, !+he process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large interconnected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the County's Urban boundary. as delineated on the Countywide Future Land Use Map (FLUM). within the Future Land Use Element (FLUE). Many of these wetlands fall within public lands or lands targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRP A or Sending designations within the Rural Fringe Mixed Use District. Protection measures for wetlands and wetland systems located within the Eastern Lands portion of the County's Rural and i'\gricultural Assessment (depicted on the PLUM.) '.vill be adopted prior to November 1, 2002 northeastern portion of Collier County. excluding the community of Immokalee. are contained in the Rural Lands Stewardship Area Overlay (RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection measures for wetlands and wetland systems located Wwithin the Urban and Estates designated areas of the County, the County will rely on shall be based upon the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, #Hs the permitting agency's mitigation requirements shall be deemed to preserve and protect wetlands and their functions~~-,l(c:~L for. wetlands _ t_hat~_ are part ~gJo__a_ W at~~~[ Mana!!tmenl Plan preserve area. The County shall dire.c:t imoact'i.. aw~.JrQJ1L~~!<-:tl wethlnds:_"\L(). e:i0tie i?)2ariR~:; ear:R0t be t~riMe.!fJal meaR; 0f R1iti.;ati0R. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems by through implementation of the following protection and conservation mechanisms: (1) Conservation Designation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundary boundaries of the land designated as Conservation Designation as depicted on the Countywide Future Land Use Map. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non- Words underlined are added; words ctruok throl:Jgh are deleted. Words double underlined in red are 25 added; words double strb;lg!( t19r@b;l3R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 residential development. -These limitations support Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) Big Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map.. provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V.) specifies specify that site alterations shall be limited to 10% of the total site. ,\ large percentage The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (Lwui Usc Dcsignation. Scction F. (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map. and as discussed in FLUE Land Use Designation. Section V.c. These areas identify include high functioning wetland systems in the County and. although portions of the NRP A Overlay include lands within the Conservation Designation. represent an additional approximately 12%~ of the County's wetlands.. #iat which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRP A designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses .fef within NRP As are also subject to native vegetation retention and preservation standards of 90%. (Ref-crcncc thc NRP,A. O'v'erlay in the FLUE.) (4) Rural Fringe Mixed Use Mixed Use District Sending Lands Best available data indicates that 16,000.:t acres of wetlands are contained within designated Sending Lands and that such wetlands constitute constituting approximately 70%~ of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive-based Transfer of Development Rights (TOR) Program that allows land owners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use ~istrict (and limited Urban) Receiving Lands. A complete description of the TDR Program is contained in FLUE. Land Use Designation. Section ILB. Incompatible land uses are also directed away from Sending Lands by restricting through restrictions on allowable uses. (Refercnce FLUE Rural Fringe Mixcd Usc District.) Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90%. as required by Policy 6.7.1 of this Element. (Refercncc CCUE Policy 6.7.1.) Words underlined are added; words ctruok through are deleted. Words double underlined in red are 26 added; words double st~Iol@lt HH@b;I~\;1 in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 (5) Flowway Stewardship Areas tre-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J Flowway Stewardship Areas have been designated Wwithin the Rural Lands Stewardship Area Overlay (RLSA), as designated depicted on the Future Land Use Map. and are shown on the Rural Lands Study Area Natural Resource Index Map Series. Flowway Stewardship Areas (FSAs) are primarily for the most part privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the primary principal wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs by through the creation and transfer of Stewardship Credits,... It also contains provisions that eliminate elimination of incompatible uses from the FSAs and. which establish establishment of protection measures. (6) Watershed Management Plans Collier County will establish watershed management plans throughout the County. but with particular emphasis on the Urban and Estates designated areas. These watershed management plans shall be established in accordance with Obiective 2.1 of this Element and will include the preservation or. where feasible. creation of landscape-scale wetland conservation areas to act as habitat. natural water quality treatment and water quantity retention/detention areas. The County shall direct incompatible land uses away from such large-scale wetlands. Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area and wetlands that are part of an established watershed management plan, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRP A Oeverlays, and Rural Fringe Sending Lands. On a project-specific basis, wetlands and wetland functions shall be protected through the following mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting; (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 6.2; (4) Clustering provisions specified in the Rural Fringe Mixed Use District of the FLUE (Reference FLUE Rural Fringe Mixed Use District.). (5) The protection of wetlands that are part of an established watershed management plan. as per Obiective 2.1 of this Element. Policy 6.2.4: [Revised text, page 23] Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency Words underlined are added; words struok through are deleted. Words double underlined in red are 27 added; words double strl;l@lt ft;H€lb;l~1;1 in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 ~.except for wetlands that are part of a Watershed Man~!TIefltPl~reser~_~~ac'c_l}l_t: County shan direct~cts aw'!yJ:rom~lll.:l!~~tlg.[1_ds.;\Jso. eJwtie e1eari!!f €aRR0tl3_eth~ l?riRei~al m€laRs _@f mitiEatic)fi. . This policy shall be implemented as follows: (1) Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area7~exceDt for wetlands that are -I'an of a\Vatershcd Mana!!ement Plan oreserve area. [he Coll!l!Y shall direct imDacts _away. frQ!D_~ wetI,mds. /'.ls(j. e::otif::J_ekarjR.;.eanIHJtbg the~riRe~al meal'!: of fi1iti::atic1ft: (2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of single-family residences.. which are not part of an approved development or are not platted. unless the residences are within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Obiective 2.1 of this Element. in which case the appropriate iurisdictional permit is required prior to the issuance of a final local development order permitting site improvements. (3) Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRP As); lands targeted for a acquisition by a public or private conservation entity such as CREV/lands; f*tblie or private mitigation banks; wetlands that are part of an approved watershed management plan. as per Obiective 2.1 of this Element; and other areas appropriate for mitigation. such as flow ways and areas containing habitat for pl~mt 01' animal listed species. (4) Within the Immokalee Urban Designated Area, there exists high quality wetland system~ connected to the Lake Trafford/Camp Keais Strand system. These wetlands require greater protection measures than wetlands located in other portions of the Urban Designated Area. and therefore the wetland protection standards set forth in Policy 6.2.5 shall apply in this area. As part of the County's Evaluation and ,-\ppraisal Report (E/\R), the County shall identify this area and map its boundaries on the Futurc Land Use Map. This area has been identified and is shown on the Future Land Use Map for the Immokalee Area Master Plan. Policy 6.2.5: [Revised text, page 23] (Note: This revision applies only to the first paragraph of the subject policy.) Within the Rural Fringe Mixed Use District. and that portion of the Lake Trafford/Camp Keais Strand Svstem which is contained within the Immokalee Urban Desil!1lated 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 below in paragraph (2) below, and the final permitting requirements of the Words underlined are added; words ctruol< through are deleted. Words double underlined in red are 28 added; words double strloJ€il, thr€lClgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 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: Policy 6.2.6: [Revised text, page 25] [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] Within the Urban Designation and the Rural Fringe Mixed Use District, freguired} wetland preservation areas, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants. as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. Policy 6.2.7: [Revised text, pages 25, 26] Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency",exceol tor wetlands thal are. oart 01 a Walershed MaI1a~emenl Plan oreserve area. .The COLlnty_ shall direct impacts aw~__ from such wetlands. Also. exolic <,:Iearing cannol be ~he princirLillmeans of rnitig-'!l!Q!}. This policy shall be implemented as follows: (1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction unless the pWQQsed residence~ ~ ~ within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. in which case the appropriate iurisdictional permit is required prior to the issuance of a building permit. The County shall also notify the applicable federal and state agencies of single-family building permits- applications in these areas. (3) Within North Golden Gate Estates and the Rural Settlement Area. Collier County shall incorporate certain preserved and/or created wetlands and associated uplands into the County's approved watershed management plans. as per Obiective 2.1 of this Element. The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single-family building permits within or adjacent to such wetlands. subject to appropriate mitigation requirements. which preserve the Words underlined are added; words etrlJok throllgh are deleted. Words double underlined in red are 29 added; words double strb;l€ilt tF-1r€lb;l~h in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 functionality of the wetland within the applicable watershed management plan. For ?-.2IQQo_sed residence% which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Obiective 2.1 of this Element. the appropriate iurisdictional permit is required prior to the issuance of a ~C2~lli) building permit. (1~) 'Nithin one (1) year of the adoption of these amendments, Collier County shall continue to work with federal and state agencies to identify properties that have a high probabilities probability of wetlands and.lor fllaRt or animal listed species occurrence. The identification process will be based on Hhydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if it the process is sufficiently accurate to require federal and state wetland approvals prior to issuing the issuance of a building permit within these areas. The County shall use this information on wetland and/or listed species occurrence to inform property owners of the potential existence of wetlands and/or listed species on their property. Policy 6.2.8: [No change to text, page 26] Policy 6.2.9: [No change to text, page 26] OBJECTIVE 6.3: [No change to text, page 26] Policy 6.3.1: [No change to text, page 26] Policy 6.3.2: [No change to text, page 26] Policy 6.3.3: [No change to text, page 26] OBJECTIVE 6.4: [N 0 change to text, page 26] Policy 6.4.1: [No change to text, page 26] Policy 6.4.2: [Revised text, page 26] Collier County shall ~ontinue to meet coordinate with the appropriate adiacent Ceo unties at a specified frequency to disCl;lss upcoming when reviewing proposed land development projects that would have an impact on ecological communities in 00tfl one or more of the adiacent Counties. Policy 6.4.3: [Revised text, page 27] The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. Words underlined are added; words strlJok throlJgh are deleted. Words double underlined in red are 30 added; words double otrlJ€ll\ thmCJgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Collier County shall continue to coordinate with adiacent governmental jurisdictions when making management decisions regarding ecological communities shared by Collier County and one or more adiacent iurisdictions. SMeh e00rEiifiatI0fi shall ensure d~Q f0ll0'::ifi:::: (1) The C€ltlRty'.; ew:ir0fimefital Illafia;efilefit fJ0lieie:; re;arEiifi; the shared ee010;ieal e0mmMfiity are e€lfisistefit ?:ith tho:~e 0f the fiei:;M~€lrin; iuris€lieti€lfi. ('1) SEleh ew:inmm.entlll l11afia;emefit fJ0lieie.~ are in e0R1fJlimiee 'l.'ith State ana Feaeral re;MLticm~; re;araifi; listed sfJeeie:;. OBJECTIVE 6.5: [No change to text, page 27] Policy 6.5.1: [No change to text, page 27] Policy 6.5.2: [No change to text, pages 27, 28] Policy 6.5.3: [No change to text, page 28] GOAL 7 [No change to text, page 29] OBJECTIVE 7.1: [Revised text, page 29] The County shall direct incompatible land uses away from listed fllafit afia animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for v,'hich policies are required to be adopted by Noyember 1, ~ The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered. threatened. or species of special concern status. l1~;td fllaRt :;fJeeie:: ~:re tfil:Le .:fl€eie:; that are ae:;i;mtted €11l1tm;;erea. tfire<:ttenea. ~ma C0I11llH?1-eii'tlly eJ:fJI0ited, b:,' the Floritia D€flartment cd "\::rieultme ana Ct~IL'.Il11er Sef".'ie€s in a€€0r€lafiee y;itfi Chapter SB '10.:. F:....C. an€.tl'G ~lL f-eaeral a;:j?fieie:; fl'<l\o;1li:;hed ifi 50 CflU). Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered. threatened. or species of special concern. in accordance with Rules 68A- 27.003. 68A-27.004. and 68A-27.005. F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Policy 7.1.1: [No change to text, pages 29, 30] Policy 7.1.2: [No change to text, pages 30, 31, 32] Policy 7.1.3: [No change to text, page 32] Policy 7.1.4: [No change to text, page 32] Policy 7.1.5: [No change to text, page 32] Words underlined are added; words struck through are deleted. Words double underlin.ad in red are 31 added; words double €llrE",I, tl=irl3U~A in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 7.1.6: [New text, page 32] Pf0yisi0fiS shall 0e made for the reJ0€atlOfi 01' li,;ted plafit Sfl€eie:; to 0fi site preser':es 0f to a suitaBle off site 10eatiofi. Pre:;er",'e ffiLma;emeflt plan:; SMail flw':i€le for aflflf0l3fiate meehafiisms to efiSU!~~ ::ur:i':abilit". of the li,;ted 131ant :;fleeies.__Th~..C::ourlt.Ji~L"@U evaluate the need for the Drotection of listed o~ and within one (1) veal' of the effective .date of this amendment a~Dlland development reQ:ulations addr:e.ssil}g t1.1e I2wtection of listeQJ2lants. OBJECTIVE 7.2: [No change to text, page 32] Policy 7.2.1: [No change to text, page 32] Policy 7.2.2: [No change to text, page 32] Policy 7.2.3: [No change to text, page 32] OBJECTIVE 7.3: [Revised text, page 32] Analysis of Hhistorical data from 1996-1999 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 5% of the hatchlings from all teffil nests in the County. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. Policy 7.3.1: [No change to text, page 33] Policy 7.3.2: [No change to text, page 33] Policy 7.3.3: [No change to text, page 33] OBJECTIVE 7.4: [No change to text, page 33] Policy 7.4.1: [No change to text, page 33] Policy 7.4.2: [No change to text, page 33] GOAL 8 [No change to text, page 34] OBJECTIVE 8.1: [No change to text, page 34] Policy 8.1.1: [No change to text, page 34] Policy 8.1.2: [Revised text, page 34] The fire departments and the County will receive complaints concerning air pollution problems and refer them such complaints to the Florida Department of Environmental Words underlined are added; words strl;lok throl;lgh are deleted. Words double ~nderlined in red are 32 added; words double €itrb;lgl~ tf:1r€lu\"jh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Regulation Protection, the Florida Division of Forestry, or the local fire departments as appropriate. FaHey 8.1.3: [Deleted text, page 34] The local fire departments, Florida Departmeat of Environmental Protection, and the Florida Diyision of Forestry v/ill investigate and act on complaints that are called in or referred to them. Policy 8.h4 8.1.3: [Renumbered, revised text, page 34] ..\utomobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either '/larn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on ne',v subdivisions and major County roadways and improvements. Collier County shall act to reduce air pollution from automobile ermSSlOns through continuation of the following procedures: 1. The Collier County Sheriff's Office will continue to ~ enforce vehicle:; ?,'ith ';lsi[;Jh:_ exhaust emissions standards ~mcl is:~Me ':,'arfiin:s 0r tights to thg 0flerat€lL €If sEle!-j ';2hie!cs. reqtlirin: that the ';ehigle.~ be reflairecl, 2. As part of its development review process. Collier County will require the construction of sidewalks. bicycle lanes or bicycle paths in all new subdivisions. 3. The County will construct sidewalks. bicycle lanes or bicycle paths in conjunction with County-funded transportation improvements. Policy ~ 8.1.4: [Renumbered, revised text, page 34] By January 1, 2000, the Collier County shall investigate the need for a more continue to develop and maintain a comprehensive leeal county-wide air quality monitoring program. GOAL 9 [No change to text, page 35] OBJECTIVE 9.1: [No change to text, page 35] Policy 9.1.1: [Revised text, page 35] The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Federal Title III, the Superfund Amendments and Reauthorization Act (SARA). Policy 9.1.2: [Revised text, page 35] Words underlined are added; words GtrLJok thr9blgh are deleted. Words double underlined in red are 33 added; words double 8tn.H,k tRr€lElfijl'l in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 The plan shall identify a community coordinator. facility coordinators. and other Federal, State and local agency contacts (especially for the Gity Cities of Naples. Marco Island and Everglades City) including the responsibilities and duties of each agency. Policy 9.1.3: [No change to text, page 35] Policy 9.1.4: [No change to text, page 35] Policy 9.1.5: [No change to text, page 35] Policy 9.1.6: [No change to text, page 35] Policy 9.1.7: [No change to text, page 35] OBJECTIVE 9.2: [No change to text, page 35] Policy 9.2.1: [No change to text, page 35] Policy 9.2.2: [No change to text, page 36] Policy 9.2.3: [New text, page 36] The Collier County Pollution Control and Prevention Department shall work with the Florida Department of Environmental Protection (FDEP) to establish a new cooperative agreement between the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federal. state and local hazardous waste management regulations. OBJECTIVE 9.3: [No change to text, page 36] Policy 9.3.1: [No change to text, page 36] OBJECTIVE 9.4: [No change to text, page 36] Policy 9.4.1: [Revised text, page 36] The County shall implement provisions of the contract with the Florida Department of Environmental Protection under the Federal Title III. the Superfund Amendments and Reauthorization Act (SARA) provisions in order to avoid any duplication of effort. Policy 9.4.2: [No change to text, page 36] Policy 9.4.3: [Revised text, page 36] Unless otherNise provided for in CCME Policy 3.1.1, storage tank systcms shall adhere to containmcnt provisions required in 62 761, F.,'\.c., as it existed on August 31,1999. Words underlined are added; words ctruok through are deleted. Words double underlined in red are 34 added; words double strb;l@l: tR~€lb;l~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 All storage tank systems in Collier County shall adhere to the provisions of Section 62- 761 or 62-762. Florida Administrative Code (F.A.c.) as applicable. Unless otherwise provided for within Section 62-761, F.A.C.. individual storage tank systems shall adhere to the provisions of Section 62-761. F.A.C.. in effect at the time of approval of the storage tank system. OBJECTIVE 9.5 8Rd Paliey 9.5.1 [deleted] [Deleted text, page 36] GOAL 10 [No change to text, page 37] OBJECTIVE 10.1: [No change to text, page 37] Policy 10.1.1: [Revised text, page 37] Priorities for water-dependent and water-related uses shall be: a. Public recreational facilities over private recreational facilities; ab. Public Boat Ramps; ~. Marinas 1. Ceommercial (public) marinas over private marinas; 2. Dry over wet storage; 6g. Commercial fishing facilities; ~. Other non-polluting water-dependent industries or utilities-:-~ 1'. Marine supply/repair facilities; g. Residential development. Policy 10.1.2: [No change to text, page 37] Poliey 10.1.3: [Deleted text, page 37] Priorities for ..vater related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy l{h.h4. 10.1.3: [Renumbered, revised text, page 37] Words underlined are added; words ctruck through are deleted. Words double underlined in red are 35 added; words double strb;lGlt tRr@b;I~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 In order to minimize the destruction or disturbance of native vegetative communities, +!he following priority ranking of shoreline development and the resultant destruction or disturbance of natiye '/egetatiye communities for water dependent/water related land uses shall apply: a. areas presently developed,.;. b. disturbed uplands,.;. c. disturbed freshwater wetlands,.;. d. disturbed marine wetlands,.;. e. viable, unaltered uplands,.;. 1'. viable, unaltered freshwater wetlands,,;, g. viable, unaltered marine wetlands. Pelky 10.1.5: [Deleted text, page 37] In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Refereace Policy 7.2.3.) Policy l()...t..6 10.1.4: [Renumbered text, page 38] Policy l().d...110.1.5: [Renumbered, revised text, page 38] Marinas and all other water-dependent and water-related uses shall conform to ethef all applicable policies regulations regarding development in marine wetlands. Marinas and water-dependent/water-related uses that propose to destroy wetlands shall provide for use by the general public use. Policy w...t-.8 10.1.6: [Renumbered, revised text, page 38] All new marinas. water-dependent and water-related uses that propose to destroy viable.. naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to demonstrate the public benefit economic need and financial feasibility fef of the proposed St:teft development. Policy t()d...910.1.7: [Renumbered, revised text, page 38] Obiective 10.1 and its accompanying +he&e policies ,~ll"tJI~__LJ2~ shall serve as criteria for the review of proposed development within the "Special Treatment" {"ST"} Zoning Overlay District. designated lands. Jhe pt11l'lc,;e 0f tfie "~T" a',uk:',' Di:;triet Rculatiol'l L to a..,ur.: tfie pre::ec.atlOll L1Ld nlalllJeli~LQL~jQ_IiL~!lH!Um!Ll:':lli.!!J.rrtl rcsomu:; &fld to eneoura;e tfle j'lre:er.:.ttiofi of ttLLJlltr!~~_.f~~~~!:iQ~s ':.'itfliB__C~' CO:ll'lt/S filUttwl .,:,.:(<:'[1L. ':.fiile at tfle :~um<:, tim~rmittifl~0se t)pe:~ 0f Ele':elOj'lmefit. e c m.p at i 13 Ie','. j th the :;c re S 0 ure e:; al1~L JlllnlE!L:0~(l:':Dl,,-.?":":_-"-~_;;.1~lJ;;__lJl:::L_llig_~.J.!~t CO:lflty C0fflfl.lissi0fiers after fl:10lie heaIi~;. OBJECTIVE 10.2: [No change to text, page 38] Words underlined are added; words ctruol{ through are deleted. Words double underlined in red are 36 added; words double €Jt,[,Jgl, tl9rfw!'j19 in red are deleted - both since 2--24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 10.2.1: [No change to text, page 38] Policy 10.2.2: [No change to text, page 38] Policy 10.2.3: [Revised text, page 39] .\ credit to......ards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Developments that provide public access to beaches. shores and/or waterways ~ may be eligible for credit toward any recreation and open space impact fee adopted by the Collier County Board of County Commissioners. Policy 10.2.4: [No change to text, page 39] Policy 10.2.5: [No change to text, page 39] Policy 10.2.6: [No change to text, page 39] OBJECTIVE 10.3: [No change to text, page 39] Policy 10.3.1: [No change to text, page 39] Policy 10.3.2: [No change to text, page 39] Policy 10.3.3: [No change to text, page 39] Policy 10.3.4: [Revised text, page 39] Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that '"",ill not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Public expenditures within Collier County's undeveloped coastal barrier system shall be limited to acquisition for purposes of public safety. education. restoration. and removal of exotic vegetation. recreational use. and/or research facilities. Such uses will be allowed only if the establishment of such use would not substantially alter the natural characteristics and natural functions of the undeveloped coastal barrier system. Policy 10.3.5: [No change to text, page 39] Policy 10.3.6: [Revised text, page 39] Words underlined are added; words struol{ through are deleted. Words double underlined in red are 37 added; words double EltfMSi( tAr€lb;l~Fi in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Prohibit construction of structures seaward of the Coastal Construction Control Setback Line on undeveloped coastal barriers. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7: [No change to text, page 40] Policy 10.3.8: [Revised text, page 40] Development density on undeveloped coastal barrier systems shall not exceed the lowest deasity provided in the Fut1:lre Land Use ElemeRt. Tke aefi:;it:,' €lf re.;iaefitial agY,'el€J):'lmefit ~l'€':iu\;l~l) unde', ,d(1):'led e(l~ctul burner dafia:: .;kall fi0t zileeea a aefi.;it:: of f{)tlr (1) tll9iL [ler t:ere on01J dwelliI1li unil~'....fLve L~~l.~re~..()r CiS Cllrea(t;~.ilU()~Ve:~cif()I.~.:i~I1E.sh~ 1.t=g(lL!1onconforr:niI1gl?arc~Js _ QI IQt~ or record. Policy 10.3.9: [No change to text, page 40] Policy 10.3.10: [No change to text, page 40] Policy 10.3.11: [No change to text, page 40] Policy 10.3.12: [Revised text, page 40] Re€luif€ Encoura~e the use oj the "Planned Unll DevelopmenL' LPUDJJ2fovIsrons of the Z:Q nin~'di nan~e._. [0 r []~w devt:.!..9.P men l.lli~J~9~~v~LoJ2!D~Q!.j)X92~)se~L-UL.tllb~s.~_~~} areas identified. as _ CoastaL Barrier -S.YS.LGJD"-=\\:'jtJIJh~_~:",ceRti(HlQL_()!1_t:_~Lnlil~..f.'!.1l2ilv ;jJ\'.~EDlUJJ1 i t 0 11g.S i l}gleR..':trce L Potiey 10.3.13 [Deleted text, page 40] These policies shall be implemcnted through the existing "ST" zoning procedures. Policy 10.3.14 10.3.13: [Renumbered, revised text, page 40] Substantial alteration of the natural grade on undeveloped coastal barriers.. By through filling or excavation shall be prohibited except as part of an approved dune and/or beach restoration program, or as part of a DER approyed v.astewater treatment system or as part of an approved public development plan for one or more of the uses allowed by Policy 10.3.4. above. Policy 10.3.1S 10.3.14: [Renumbered text, page 40] Policy 10.3.15: [New text, page 40] Words underlined are added; words struok through are deleted. Words double underll~ in red are 38 added; words double gt~lolgl: tl9r,wgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 All new development proposed on lJ_ndevc=l()2~Q coastal barrier systems shall be reviewed through the County's existing "Special Treatment" ("ST") zoning overlay district. Obiective 10.3 and its accompanying policies shall serve as criteria for such review. ~ ~MI~0se of the "~T" 0':erlaj' €fistriet regulatiofis L to aS~;Llre the ~reser.,'ati(Jfi an~ maifitefianee 01' ew:inmmefital ~m0. eultMral resourees afig to 0fie0Mra;e the ~reser\'ation Elf thg ifitrieatz ee01€J::ieal relati0fishi~s '::itfiifi C01lier C€lUMtj":; fiaUral s\'stem~;, 'l;hile at the same tim0 ~ermittifi; tho:~e ty~e:; €Jf ge\'el€J~Mlefit. eom~atiBle ';.ith these resouree" afig fiat:'lral ~;=,'stgms. as g0terfi1ifiea ~y the B0ar€\ (If C€JUfit)' C0mmis,j€ln@rs after flu01ie ~f!;,. OBJECTIVE 10.4: [No change to text, page 40] Policy 10.4.1: [No change to text, page 41] Policy 10.4.2: [No change to text, page 41] Policy 10.4.3: [Revised text, page 41] Collier County shall P,Qrohibit activities.. which would result in man:.induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific!coastal engineering literature/studies that have established benchmarks for natural rates of beach erOSIOn. Policy 10.4.4: [No change to text, page 41] Policy 10.4.5: [No change to text, page 41] Policy 10.4.6: [No change to text, page 41] Policy 10.4.7: [Revised text, page 41] Collier County shall P,Qrohibit construction seaward of the Coastal Construction Control Setback Line except where the same such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985.. er where said such prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. Policy 10.4.8: [Revised text, page 41] Collier County shall allow ~onstruction seaward of the Coastal Construction Control Setback Line ':Iill be allo'Jled for public access and protection and activities related to restoration of beach resources. Such ~onstruction seaward of the Coastal Construction Control Line,,---shall not interfere with sea turtle nesting, will utilize H[3pwflriat? native Words underlined are added; words struck throblgh are deleted. Words double underlined in red are 39 added; words double €;tr\;;l81\ tRr€lb;l@19 in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and.. where appropriate.. will restore the historical dunes and ''vill '1egetate with aflf1r€lIHiate native vegetation. Policy 10.4.9: [Revised text, page 41] Collier County shall prohibit 's'~eawall construction on properties fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship instances where erosion poses an imminent threat to existing buildings. Policy 10.4.10: [Revised text, page 41] The County shall prohibit ~yehicle~ traffic or traffic on the beaches and primary dunes shall be prohibited except for the following: .L Emergency vehicles responding to incidents. 2. Vehicles associated with and approved environmental maintenance, environmental monitoring. or conservation purposes... ;L Vehicles limited to set-up and removal of equipment of permitted events. m coni unction with permanent concession facilities. or r0eItifi.e permitted uses of commercial hotels. 4. Beach raking or beach cleaning. 5. Vehicles needed for beach nourishment or inlet maintenance 6. Vehicles necessary for construction that cannot otherwise access a site from an upland area. The County shall enforce this requirement \vith the eXIstmg Vehicle on the Beach Ordinance. Vehicles shall be operated in a manner that does not negatively impact the beach or dune environment. Additional protective regulations shall apply during sea turtle nesting season. Policy 10.4.11: [No change to text, page 42] Policy 10.4.12: [Revised text, page 42] In permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, riprap. b. Where appropriate, repaired structures will be redesigned and/or relocated landward to align with adiacent structures. Policy 10.4.13: [No change to text, page 42] OBJECTIVE 10.5: [No change to text, page 42] Words underlined are added; words struok through are deleted. Words double underlined in red are 40 added; words double ctrOlel, tf;jmOlgh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 10.5.1: [No change to text, page 42] Policy 10.5.2: [No change to text, page 42] Policy 10.5.3: [No change to text, page 42] Policy 10.5.4: [Revised text, page 42] Prohibit construction of any structure seaward of the Coastal Construction Setback Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: [Revised text, page 42] The County shall l2.Frohibit motorize vehicles on the beaches and dunes except for emergency, environmental monitoring and environmental maintenance purposes. +he County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.5.6: [No change to text, page 42] Policy 10.5.7: [No change to text, page 42] Policy 10.5.8: [No change to text, page 43] Policy 10.5.9: [Revised text, page 43] Prohibit construction seaward of the Coastal Construction Control Setback Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.5.10: [No change to text, page 43] Policy 10.5.11: [Revised text, page 43] The County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Setback Line. Words underlined are added; words struck through are deleted. Words double underlined in red are 41 added; words double strb;l@h tR~@~!!lR in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 10.5.12: [No change to text, page 43] OBJECTIVE 10.6: [No change to text, page 43] Policy 10.6.1: [Revised text, page 43] In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5, development within the County's coastal zone shall also meet the following criteria: I. Densities on the following undeveloped coastal barriers shall not exceed I unit per 5 acres; a. Wiggins Pass Unit FL-65P, b. Clam Pass Unit FL-64P, c. Keywaydin Island Unit P-16. d. Tigertail Unit FL 63 P, eg. Cape Romano Unit P-15. 2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed pristine habitats (Reference Policy 10.1.4). 3. Beachfront developments shall restore dune vegetation. 4. Projects on coastal barriers shall be landscaped with native Southern Floridian speCIes. 5. Boathouses. boat shelters and dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds except where a continuous bed of seagrass exists off of the shore of the property, in which case facility heights shall be at least 3.5 feet NGVD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. 6. The requirements of this policy identify the guidelines and performance standards for undeveloped coastal barriers and estuarine areas that are contained within the County's coastal barrier and estuarine area Natural Resource Protection Area (NRP A - reference CCME Policy 1.3.1). These guidelines and standards therefore satisfy the requirements of CCME Policy 1.3.1. Poliey 10.6.2: [Deleted text, page 44] The requirements of Policy 10.6.1 identifies the guidelinos and performance standards for the undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarino NRPL^1 (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. Words underlined are added; words ctruok through are deleted. Words double underlined in red are 42 added; words double stfl;l€ll~ tt;tr€ll;l~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy ~ 10.6.2: [Renumbered text, page 44] Policy 10.6.3: [No change to text, page 44] GOAL 11 [No change to text, page 45] OBJECTIVE 11.1: [No change to text, page 45] Policy 11.1.1: [No change to text, page 45] Policy 11.1.2: [No change to text, page 45] Policy 11.1.3: [No change to text, page 45] GOAL 12 [No change to text, page 46] OBJECTIVE 12.1: [Revised text, page 46] The County will attemot to maintain the I ')l)4 ~ hurricane evacuation cl~,!!".(glce time for a Category 3 stefffi hurricane event at a maximum 01';6& .lli hours as defined by ~ith~l the +9% 2001 Southwest Florida Regional Planning Council's Hurricane Evacuation Study Update ~ma :dll. fl~aElee tllat time frame I=ly !(}'\f) ~JJ. to 27.2 ill 110Mc. ,\.~tIYltIe.; ~ :;~lfJFH:-Jrt tRL Ol=ljeeLi.. e '1,111 inelmie-tlfl ,;lIe :;fielLenn; for ~ mOBile home ae" elf:Jl'Hl1cnL, ifiereusea sRelter :;flaee, ana malfitenanee of eqmtl or lo,,','er 0efi.;ltle; 0f .il! the Ce:te;orj-t e':ael1atiofi Z0fie, ~L aefined in the I ')')6 ~.iLQJ ~:ollth';, €~;t Florida Hc;;ional Plafium.; C@lufieil~ lIElrrie1l.M.e ['.M.€I1M.l:0rl StEla)' Ufldate. or sImilar future studIeS authorized and coordinated bv the Collier C9unlYEmerzency .. Manazement DeoarLmenLand. aooroyed by the Collier CounlY-Board of County Conunissioners. . An evacuation clearance tin~ shall be defined as haYing residents and visitors in an armrooriate refuze away from storm surze Jlrioxto the arrivaLpl..m~!ained JJ:Q.pical StQrmJorce,.~~i.e.. winds .eg!lal to o! zreater than 39 moh. To further these objectives. fOl~ future mobile home developments located outside of the storm ~e zone_,-.\:;ffprts shall ipclude on-site shelterinz or retro~ fittin~ of an adiacenltt~ili.14'.=~111~J=ollier_Countv _1;_f!l~~~m~ManagemenL [)~partnJ~.!.!.! sh all seek 00 DO rt u n.i1~iLim;reas e s lie It e rJii..c i lit ies. a !l:SL a~"()c;1~1~~I).;~~P'!f i! i.~~._ll.!lcl~ul.le (fu:IT.tj_Q.!.LQ.Lt.l:!~_.EL 0. 1"i del Qixisjg}lJJJ Enle~I1fYJ\.lLaD(tg~rn~rl L Policy 12.1.1: [Revised text, page 46] .:\ comprehonsive a'.vareness program will be developed and publicized prior to may 30tft of each year. E'Iacuation zones and routings shall be printed in each local newspaper. This information shall be made reudily available to all hotel/motel guests. Words underlined are added; words E:truok throl;lgh are deleted. Words double underlined in red are 43 added; words double 8tn,1€lk tRr€l~~R in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Collier County will develop and maintain AS! comprehensive public awareness program ':Iill be developed and.:. The program will be publicized prior to May 30th of each year. Evacuation zones. public shelters and routings evacuation routes shall be printed in each local newspaper. displayed on the Collier County Emergency Management website. and the availability of this information will be discussed on local television newscasts. This information shall also be made readily available to all hotel/motel guests. Policy 12.1.2: [No change to text, page 46] Policy 12.1.3: [Revised text, page 46] The County shall continue to identify and maintain shelter space n~at @0m~1ies ',-:ita Red en]:::; :;tan€lan.L for 15.000 clL90Q persons by +99& 2006 and 60,000 45.QOJ) by WOO, 2010. Shelter space capacity will be determined at the rate of 20 square feet per person Policy 12.1.4: [Revised text, page 46] The County shall continue to maintain hurricane refuge requirements and standards fef hurricane shelters for all new mobile home parks or rnobikJ1w..m; subdivisions. or existing mobile home parks or mobil~ ho~ subdivisions in the process of expanding.. which are contain 26 units or larger in size more. Such mobile hL)me parks or mobile home subdivisions shall be required to provide emergency shelter refuge space on-site.. or to provide funding to enhance one or more existing public shelters off-site. The BQuilding. which provides the on-site refuge space (if this option is chosen), will be of such a size as to ~ provide refuge to park or subdivision residents at the rate of 20 5tt square It feet per resident person. For the purposes of this policy. Resident size 'vVill be estimated by averaging park population during the June November time frame. the size of the on-site refuge structure shall be determined by estimating the park or subdivision population during the June-November time frame. based upon methodologies utilized by the Collier County Emergency Management Department. On site shelters shall be elevated to a minimum height equal to or above the 'vvorst case Category 3 hurricane flooding le';el utilizing the current National Oceanic and .^..tmospheric .^~dministration' s storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as "essential facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed ','lith adequate emergency electrical power and potable v;ater supplies; shall pro';ide adequate glass protection by shutters or boards; and shall proyide for adequate ventilation, sanitary facilities and first aid equipment. l\ telephone and battery operated telephone is also required within the shelter. Policy 12.1.5: [New text, page 46] On-site refuges within mobile home parks or mob1le.hc)Ine subdivisions shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level. based upon the most current National Oceanic and Atmospheric Administration's Words underlined are added; words ctruok through are deleted. Words double underlined in red are 44 added; words double 9tru€Jlc U'If@\,jgl9 in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 storm surge model. known as Sea. Lake, and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and structures designated as "essential facilities" in the latest Florida 8t~mdani Building Code. Tabl~ 1205; shall guide the design and construction of the required refuges. Refuges shall be constructed with adeqtHtt2 emergency electrical power and potable water supplies; shall provide ade'1uate glass protection by shutters or other approved material/device; and shall provide for ad2€1Elat~ ventilation. sanitary facilities and first aid equipment. A telephone. automatic external defibrillator (AED) and battery-operated radio are also required within the shelter. Policy ~ 12.1.6: [Renumbered, revised text, page 46] The Dtlirectors of the Transportation Planning and Emergency Management Departments will review, at least annually, evacuation route road improvement needs to asffi:H'e ensure that necessary improvements are incorporated reflected within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table 1 of the ,'\ppendix Table A. the Five- Year Schedule of Capital Improvements. as contained within the Capital Improvement Element of this Growth Management Plan. Policy ~ 12.1.7: [Renumbered, revised text, page 47] The County shall update the hurricane evacuation portion of the Collier County Peacetime Emergency Comprehensive Emergency Management Plan prior to June 1 sl of each year by integrating all appropriate regional and State emergency plans in the identification of emergency evacuation routes. Policy ~ 12.1.8: [Renumbered text, page 47] Policy 12.1.812.1.9: [Renumbered, revised text, page 47] Collier County shall annually update its approved Hazard Mitigation Plan. formerly known as the "Local Hazard Mitigation Strategy" through the identification of new or ongoing local hazard mitigation projects and appropriate funding sources for such projects. Policy ~ 12.1.10: [Renumbered, revised text, page 47] Construct Aall new Public Safety facilities in Collier County will te be floodt'lfoofearesistanl and designed to meet MG 155 mph wind load requirements and choulti shall have provisions for back-up generator power. Policy 12.1.10 12.1.11: [Renumbered, revised text, page 47] The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area are te-be designed and constructed to meet the Public Shelter Design Criteria. as contained in "State Requirements for Educational Facilities" (-l-99+ 1999), Section 5.1(15). Words underlined are added; words ctrl;lok through are deleted. Words double underlined in red are 45 added; words double stfowl, t~f@b;l3i'1 in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 12.1.1112.1.12: [Renumbered, revised text, page 47] The County will continue to work with the Board of Regents, of the State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area are te-be designed and constructed to meet the Public Shelter Design Criteria. as contained in "State Requirements for Educational Facilities" (-1-9911999), Section 5.4( 15) and the Florida Building Code. Policy 12.1.12 12.1.13: [Renumbered, revised text, page 47] The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants. Hazard Mitigation and & Pre-disaster Mitigation Grant Programs funding. and from funds identified in the State's annual S~helter 9geficit S~tudies. Policv 12.1.14: [New text, page 47] Prior to adoption of the 2007 Annual Update and Inventory Report (A. U .I.R.). Collier County shall evaluate whether to include hurricane shelters in the 5-year schedule of Capital Improvements. as a Cate;or:i .'\ Pul=Jlie I'aeilitj', Policy 12.1.13 12.1.15: [Renumbered, revised text, page 47] All new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities." 1999). Additionally this area shall be capable of suitable ventilation or air conditioning provided by back -up generator for a period of no less than 48 hours. Policy 12.1.14 12.1.16: [Renumbered, revised text, page 47] The County will consider establishing one ';Iay evacuation routes on County maintained roads for storm events that have the potential for inundating low lying populated areas. The County will coordinate with the Florida Department of Transportation FDOT te consider on its plans to one-wayiftg evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. Policy 12.1.17 [New Text, pages 47] Collier County is conducting a Hurricane Evacuation Study. If warranted by the results of that study. further restriction0 on development InaYuillJk~~~~~~ill be proposed. Words underlined are added; words struok through are deleted. Words double underlined in red are 46 added; words double strui5l, ti1r€lel~h in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 OBJECTIVE 12.2: [Revised text, pages 47,48] The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public sha-lllimit its expenditures involving beach and dune restoration and renourishment, road repair publicly owned semvalls, docking and parking areas. .^..ll future unimproved requests for development in the coastal high hazard areas will be denied. rhe Count v shalI ensure tha~~!f1J(,ILll.!ili:.~U2!:illiliQg~!.~J2.!:I!211cl v funded d_~)[llen[ activities are carried out in a rnanl}er that demonstrates_ beSlQIactice to minimize the loss of life. orooertv. and re-buildinS! costJrorn the affects from JllllTicanes. flooding. natural and technological_ disaster events: Best oracti(:e eff()rts lnay_ include. ~ut are not limited to:_ a. Cqnstruction above the flood plain. b. maintaining a orotective zone tor wildfire mg~n; Co installation of on-site oennane!:!L.-~erators or telTlooraruenerator elnen~enc-y QJ~..tiillLQillnt~ d. ~~~l!!l~oratlOn. re-noLlnshment~em~rgencLorotec_tiv~ actIOlls .tQ !l~~JQ~s of sti~n!!:~:~J!:QI!!llili1_~_~~~m?; c. ~~~road reoairs; f. reoair and or rE:Qlacernent _of Dllbl!clyO\yn~d doc~jng facilitl(~s. J2ii!'kin,[ilreas-, and ~_~_<ill~~1_(:. Policy 12.2.1: [Revised text, page 48] The Hazard Mitigation section .\nnex of the Collier County peacetime Comprehensive Emergency Management Plan fFBPf (CEMP) shall continue to be reviewed and updated every three W four ill years beginning in -l-9&& 2005 Tke Diredor;l1all abJ ifi€OrpOrarc hazarA miti.:;ati[Hl r~flort.; from other a':;€fifie; ifito tt:€ ~tle Peacetime Emergency Plan. This periodic update of the CEMP shall include a review and update (as may be necessary) of the County's hurricane evacuation and sheltering procedures. Policy 12.2.2: [Revised text, page 48] Within the coastal high hazard area, !+he calculated needs for public facilities.......jlli represented in the Annual Update and Inventory Report (AU .l.R.) and Five- Year Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth allowed by the projections within the coastal high hazard area. The Future Land Use Element.:. limits new residential deyelopment, (thus obligation to infrastructure expenditures) to u maximum of four d',velling units per gross acre. within the coastal high hazard area. In addition, existing zoning not vested shall be rc evaluated within three years and may change to a density level consistent v/ith the Future Land Use Element. Policy 12.2.3: [No change to text, page 48] Words underlined are added; words EJtrl;lol< through are deleted. Words double underlined in red are 47 added; words double strlelfSl, t19r€lb;lf'lh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 Policy 12.2.4: [Revised text, page 48] The County shall maintain requirements for structural wind resistance as stated in the 2001latestapproved edition of the Southern FlOtIlla Standard Building Code. Policy 12.2.5: [Revised text, page 48] The County shall consider the Ceo as tal Haigh Haazard Aft-rea as that a geographic~L area lying within the Category 1 sJorm slIr~t; i','a~"tlatilm zone as Q!'~sentl v defined in the 200 1 Southwest Florida Regional Planning Council~ Hurricane Evacuation Study.. 9.1 slIbseuuent1.y authorIzed slorm sur~e Qr._e-,acllatH)nJ.:llan!lin~ stll(i1e~ coordmaled bv the Collier COllill.b Emerg~ncv .~t\lanagement.J2~p<trtI!le[lt.....i.lmLiU?P'!gy_ed bYJh~~13_Q<tr~L_oJ' Calmly" Commissioners, Lflcbte. Policy 12.2.6: [No change to text, page 48] Policy 12.2.7: [Revised text, page 48] The County shall continue to assess all unimpro';ed undeveloped property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12.2.8: [No change to text, page 48] OBJECTIVE 12.3: [No change to text, page 48] Policy 12.3.1: [No change to text, page 48] Policy 12.3.2: [No change to text, pages 48, 49] Policy 12.3.3: [Revised text, page 49] The Recovery Task Force recovery task force shall include local law enforcement authorities the Sheriff of Collier County, the Community Development and Environmental Services Division Administrator, the Comprehensive Planning afH:i Director. the Zoning and Land Development Review Director, the Emergency Management Director and other members as directed by the Board of County Commissioners (BCC). The Board BGG should also 11}~I!'<::')!lC:!.lli.I~ R[epresentatives from municipalities within Collier County that have received rccei';ing damage from the storm should also be to become members of the Rrecovery Itask Eforce. Policy 12.3.4: [Revised text, page 49] The reco'lery task force shall reYlC'.v and decide upon emergency building permits, coordinate v..ith State and Federal officials to prepare disaster assistance applications, analyze and rccommefld to tho County Commission hazard mitigation options including Words underlined are added; words struok through are deleted. Words double underlined in red are 48 added; words double stnoiCl: H1f€llJCjh in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. The Collier County Recovery Task Force shall have the following responsibilities ~ be identified in the Code of Laws and Ordinances. I. Ser'.'e as afi aa':is0ry €0Humttee t€l the C€llffitj' ~,lanag:~H' tel f€ne\',' all fllafil9.ifi; a:;::0eiatea v:ith the IT€w:er:,' afiG ree019.:ltniet10Il flf0ee:::; as ae:~eri0ea ifi the C011ier C0llfit:,' OJm.flrehefi.j':e Em.er~efiej' Resfl0fise Plan afia ass0eiated fllafi:; aealifi; .,,:ith imfllel9."~efitati0fi 0f fl0::t ai.~a::ter morat0ria afit:l tJttilt:! ba€d~ fl01ieies. ,) Sel":e as Hw fl0St aisaster ad':isor)' €€lmm.ittee to aehise the C0l'1fit)' mtlfia;er afia E€larEl 0f COMfit)' C019.1I9.1fssiofiers Ofi re€€lmmefiaea regel', erj' flri0rit:,' afia ;elals afia to e00faifiate afia flrioritize the ree0":er:,' afid reecm:;trl'1etion flr0ees,; ';:ith the eOfi:~truetion inalLtr\'. 3. Ifiitiate reeOn~l9."lefi8ati0fis for the ~maetHlefit. refleal 01' e:~tefislOfi 0f emgr;efi.D 0rt:limmee:: afiEl reS€llMti0fi:; for eC)fisit:lerati0fi. 1. Ree0mmefia the imfl0sition 01' afi:,' bMiJaifi; ffl0ratoria that ma:,' ~e ';;arrafitg8 a:; a resl'1lt elf thg di:;a::ter. 5. Re':ie':; the natme 15f aama;es. itkfitif:,' !.m8 e';aluate aHerfiate flr0;rarn 15~ieeti', es for repairs afia ree0fistmeti0fi. afid fufl9.1ulate ree0mmefiaati0fi:: to ;uide e0m.mMfiity n:€0','ery. ~. De':el0fl :Jrate;y [UHf eotlrt:lifiate lfllplerRefitatiofi 1'01' teHlfl0rarj' h0u:;in:.:: effort:: it ree0m.m.2fided b:, the U.S. Deflartm.efit 01' Il0m.ehtfid SeeMfitj' Federal Et11er:::efie',: P.1ana:::el9."lent "'\:.::efic';., Policy 12.3.5: [No change to text, page 49] Policy 12.3.6: [No change to text, page 49] Policy 12.3.7: [Revised text, page 49] The County shall has developllih aft4 adopted and maintains a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, te for the purpose of evaluateing options for damaged public facilities including abandonment (demolition), repair in place, relocations, and reconstruction with structural modifications. +ffis. proccss shall The process described within the Ordinance consider~ these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 12.3.8: [No change to text, page 49] Words underlined are added; words strl;lol< through are deleted. Words double underlined in red are 49 added; words double gtrb;lg!( t~f@"'!jl~ in red are deleted - both since 2-24-06 & 3-07-06 versions. Conservation and Coastal Management Element 3-23-06 OBJECTIVE 12.4: [Revised text, page 49] The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency. such as a hurricane or other large-scale disaster. the County Emergency Management Department shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include. but not necessarily be limited to. respirators. oxygen tanks. first aid equipment. disaster cots and blankets. and defibrillators. Policy 12.4.1: [No change to text, page 49] Policy 12.4.2: [No change to text, page 50] Policy 12.4.3: [No change to text, page 50] GOAL 13 [No change to text, page 51] OBJECTIVE 13.1: [No change to text, page 51] Policy 13.1.1: [No change to text, page 51] Policy 13.1.2: [No change to text, page 51] Policy 13.1.3: [Revised text, page 51] Prior to adopting any new regulations to implement this Element. the following guidelines shall be met: a. It The regulation fulfills an important need that is not presently adequately met addressed by existing Regional, State, or Federal regulation~. b. The regulation can be effectively and efficiently administered by existing County staff or by an authorized increases to expansion of County staff. c. The cost to the County of implementing the regulation shall haye has been identified and considered. EAR-CCME ccpe Final 3-23-06 G, Comp, EAR Amendment Modifications, CCPC Final dw3-23-06 Words underlined are added; words ctruok through are deleted. Words double underlined in red are 50 added; words double 8tnHllt tRr@b;I~19 in red are deleted - both since 2-24-06 & 3-07-06 versions. Intergovernmental Coordination Element 3-23.06 -', As of January 2005. there are three (3) muni(jpalities within Collier County. These are: . Cit:,' 01' E':erglades (Everglades City~ . City of Marco Island . City of Naples Also as of January 2005. Collier County ..;hared bo'..rders with the following iurisdictions: . City of Bonita Springs (in Lee County) . Lee County . Hendry County . Broward County . Miami-Dade County . Monroe County In addition to Federal and State agencies. [he following gpvernmental entities have iurisdiction over all. or portions. of Collier County. The District School Board of Collier County Seminole Tribe of Florida Collier County Water-Sewer District Immokalee Water and Sewer District Florida Governmental Utility Authority Port of The Islands Community Improvement District Collier County Sheriff's Office Big Corkscrew Fire and Rescue District East Naples Fire Cqntrol and Rescue District C)ef:lnrtmefit Golden Gate Fire and Rescue District Immokalee Fire Control District Isles of Capri Fire and Rescue District North Naples Fire Control District Ochopee Fire Control District South Florida Water Management District/Big Cypress Basin Board Southwest Florida Regional Planning Council Cow Slough Water Control District Collier Soil and Water Conservation District Naples/Collier. County Metropolitan Planning Organization Various Community Development Districts Various Municipal Service Taxing Units (MSTIll Words underlined are added; words struok throl;lgh are deloted. Words double underlinec in red are added; 2 words double stflolgh tRr€lb;l~19 in red are deleted - both sincf~ 2-23-06 version. Future Land Use Element 3-24-06 ,-", Goal, Ohjedives and Policies Future Land Use Element (FLUE) GOAL: [No change to text, page 11] OBJECTIVE 1: [No change to text, page 11] Policy 1.1: [Revised text, page 11] A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette!Pinc Ridge Commercial Infill Subdistrict W9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict ++10. Henderson Creek Mixed-Use Subdistrict Hll. Research and Technology Park Subdistrict H12. Buckley Mixed-Use Subdistrict -l4U. Commercial Mixed Use Subdistrict ~14. Davis Boulevard/County Barn Road Mixed-Use Subdistrict 15. LivingstonlRadio Road Commercial Infill Subdistrict 16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. LivingstonlPine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. LiyingstonJRadio Road Commercial Infill Sl.:lbdistrict W2.. Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict 11. Vanderbilt .Beach Road Neighborhood Commercial Subdistrict 10. GoodlettelPine Ridge Commercial Infill Subdistrict Policy 1.2: [No change to text, page 12] Policy 1.3: [No change to text, page 12] Words underlined are added; words struok through are deleted. Words double underlined in 1 red are added; words double stn1lsh tRr8101~R in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Policy 1.4: [No change to text, page 12] Policy 1.5: [No change to text, page 12] OBJECTIVE 2: [No change to text, page 12] Policy 2.1: [No change to text, page 12] Policy 2.2: [No change to text, page 12] Policy 2.3: [No change to text, page 12.1] Policy 2.4: [Revised text, page 12.1] *** *** *** *** *** *** *** *** *** *** *** *** Deyelopments within the South U.S. TCK^.. that obtain an exception from cORclirrency requirements for transportation, pursuant to the certification process described in Transportation Element, Policy 5.6, afld that inchlde affordable housing (as per Section 2.7.7 of the Collier County Lafld Deyelopment Code, as amended) as part of their plan of deyelopment shall not be subject to the Traffic Congestion Deasity Reduction as cofltained in the Density Rating System of this Element. De'lelopments v/ithiR the Northwest afld East Central TC~V\:s that meet the req\:lirements of FLUE Polieies 6.1 throligh 6.5, and Transportation Policies 5.7 and 5.8, and that include affordable hOlising (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of deyelopment shall not be subject to the Traffic Congestion Density Reduction, as contained in the Density Rating System of this Element. *** *** *** *** *** *** *** *** *** *** *** *** Policy 2.5: [No change to text, page 12.1] Policv 2.6 [New textl Traffic imoacts generated bv new develooment are regulated throue:h the imolementation of a 'checkbook' transportation concurrency manae:ement system. .w!J.ich incoIQorates two Transoortation Concurrency Management Areas CrCMAs) and a TransOOl.tation Concurrency Bxceotion Area (TCBA )..New develomnents within the TCMAs and the LeBA that commit to certain idcntifi~d traffif' m~Uli1~ment strat.~ies ma'y~~~ TCMAsl tJle traffic imoact mitie:a~ion mea.?l}reS that would otherwise be '!QIJlied to such clcvelopm~t:!!~ OBJECTIVE 3: [Revised text, page 13] Words underlined are added; words struok through are deleted. Words double underlinE:'ld in 2 red are added; words double Eitrl:d€k thrGl:d@h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes (F.S.}, in order to ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, im[ll€mefit tHe Cmmtj" s trafis[l0ftatiem €0l'l€Mrfel'l€)' mana;;€m€fit s:,'stem. and to provide for management of growth in an efficient and effective manner. Policy 3.1: [Revised text, pages 13, 14] Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process", aft4 These include the following prOVISIOns: a. The LDC contains Collier County Subdivision Code shall provide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. b. The LDC contains provisions that PQrotect environmentally sensitive lands and provide for the retention of open space. This shall be has been accomplished~ through the implementation of various zoning districts and zoning overlays that restrict higher intensity land uses in the Rural Fringe Mixed Use District through yarious LlHld Use Designations that restrict higher illteRsity land uses and. which require specific land development standards for the remaining allowable land uses;. aft4 through the adoption of permanent Natural Resource Protection Area iNRP A} Overlays;. aft4 integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Laad De'/elopment Code LDC, and.. in part.. through implementation of the Rural Lands Stewardship Overlay. This sftaH has also been accomplished through the implementation of regulations such as minimum open space requirements. aft4 native vegetation preservation requirements, and/or through the creation of incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Designated Area. c. Drainage and stormwater management practices shall be regulated governed by the implementation of the South Florida Water Management District Surface Water Management regulations. d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. e. Signage regulations in the LDC Regulate signage through the Sign Ordinance, '.'Ihich shall provide for include frontage requirements for signs, require shared Words underlined are added; words struok through are deleted. Words double underlined in 3 red are added; words double stn.J€llt through in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 signs for smaller properties, contain definitions.. and establishment of include an amortization schedule for non-conforming signs. f. The safe and convenient flow of on-site traffic flew. as well as the design of vehicle parking areas needs shall be are addressed through the site design standards as well as and site development plan requirements of the LDC. which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, and landscaping and buffering criteria. ;... Traffie im~aet~; ;efierat@8 S'; He';; 8€';e10~m.efit are re;ldat€8 tkr0U;ft tke im.f11em.eAtati0fi 0f a 'eke€U~€l0k' trafis~€lrtati0fi e€lH@Mrr€fiey m.afia;€m.efit system., ';;kiek ifie0ffJ€)rates t';;€) Tnm~;~€lrtati0fi CemeMrrefi€j' Hafia;em.efit .'\.n~as (TC~, 1. \.:) ami n Traw:f10rtatic]M C0n€tlrreftey E:leefltiofi ,\.rea (TCE.A.). PIe':; €ie';elofJfi12fiC ':,'itftifi the TC~.f.\.; and the TCE.'. that €0fi1mit to eertaifi idefitifie8 trame mafia;em.@fit strate;ies €H!lfi redtl€e (the TCM,A.s) €lr e0m.f11etelj' elimifiate (TCLA,) the tfaffie imflaet fi1iti;ati€lfi measures tkat v;0ldd 0tfter?'ise S€ a~flli€d to SlIeft 8eYeI0~m.efits. ~. The LDC ~nsure~ the availability of suitable land for utility facilities. and other essential services necessary to support proposed development.. by providing feHt Public Use Zoning District for the location of public facilities and other essential services in the Public Use Zoning District. and in other zoning districts via the Essential Services regulations. m. The LDC provides for the protection of historically significant properties shall be accomplished, in part, through regulations that: provide for the adoption of the Historic'!,\rchaeological Preservation Regulations V/hich include the creation of an Historic/Archaeological Preservation Board; provides for the identification of mapped areas of Hhistoric/A.wchaeological probability; requires completion of a survey and assessment of discovered sites; and.. provides a process for designation of sites, structures, buildings and properties as historically and/or archaeologically significant. n. The mitigation of incompatible land uses within the area designated as the Naples LA..irport Noise Zone Airport Noise Area on the Future Land Use Map shall be accomplished through~ implementation of regulations whieh that require sound- proofing for all new residential structures built within the 65 LDN Contour as identified on the Future Land Use Map; recording of the legal descriptions of the noise contours boundary in the property records of the County~ and.. through an the inter-local agreement with the Naples Airport Authority that requires toe the County to notify the Naples LA..irport Authority of all development proposals located within 20,000 feet of the airport whieh that exceed height standards established by the Federal Aviation Administration. ~. Collier County shall not Ne issue development orders shall be issued which that are inconsistent with the provisions of this Growth Management Plan. Some Words underlined are added; words struok through are deleted. Words double underlined in 4 red are added; words double 8truok thr€lld!3h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 projects and properties may be-iIiconsistent with densities and land use intensities established in the Future Land Use Designation Description Section of this Element, but these projects and properties are have been found to be consistent with this Plaft Element via consistency with one or more of Policies 5.9 through 5.13. Policy 3.2: [Revised text, page 14] The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91 102 04-41. as amended). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff into a single organizational unit and through streamlining procedures of the review process. OBJECTIVE 4: [No change to text, page 14] Policy 4.1: [Revised text, page 14] A detailed Master Plan for the Golden Gate Estates Area has been developed and was incorporated into this Growth Management Plan in February 1991. Subsequent major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. and in 2002 and 2004 principally based upon recommendations of the Golden Gate Area Master Plan Restudy Committee. The Golden Gate Area Master Plan encompasses Golden Gate Estates subdivision. Golden Gate City. and the Rural Settlement Area formerly known as North Golden Gate. The Master Plan addresses Nn.atural Rresources, Ffuture :bland U!!se, preservation of the Estates' rural character. Water Management, transportation improvements. other PQublic Ffacilities.. and the provision of emergency services other considerations. Policy 4.2: [Revised text, page 15] A detailed Master Plan for the Immokalee Urban designated area has been developed and was incorporated into this Growth Management Plan in February, 1991. Major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. The Immokalee Area Master Plan addresses Natural Resources conservation, Ffuture :bland U!!se, population. recreation. transportation Public Facilities, Hhousing, Urban Design, and the local economy Land Development Regulations and other considerations. Major purposes of the Master Plan shall be are coordination of land use~ and transportation planning, redevelopment or renewal of blighted areas.. and elimination of land uses inconsistent 'lIith the community's character the promotion of economic development. Policy 4.3: [Revised text, page 15] A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Marco Island Master Plan addresseQ5 PQopulation, PQublic Ffacilities, Ffuture :bland U!!se. Ugrban 9Qesign, :bland Words underlined are added; words struok through are deleted. Words double underlined in 5 red are added; words double 19tr(,JBh tRr€ilOlSA in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 9Qevelopment &:regulations.. and other considerations. However. all . lands that were encompassed by the Master Plan are now within the City of Marco Island and are subiect to its comprehensive plan and land development regulations. Accordingly. the Marco Island Master Plan has been deleted from the Collier County Growth Management Plan. Policy 4.4: [Revised text, page 15] Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. These Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the follovt'ing road corridors: Goodlette- Frank Road south of Pine Ridge Road, and for Golden Gate Parkway from US 41 to Santa Barbara Boulevard. The Corridor Management (zoning) Overlay has been adopted into the LDe; it imposes additional development standards and limitations upon properties located along these two road segments. Future Corridor Management Plans may be prepared iointly with the Citv of Naples as directed by the Board of County Commissioners. The geaJ.s. obiectives for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport-Pulling Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport-Pulling Road. Policy 4.5: [Revised text, page 15] An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The ~5tudy includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. gpoo Subsequent to completion of the Economic Plaft Element of this Growth Management Plan. adopted in December 2003. staff shall prepare an update to the Industrial Land Use Study a study 'lIill be undertaken to identify the need for additional Industrially designated land v;ithin the Coastal Urban ,^..rea. Policy 4.6: [Revised text, pages 15, 16] Access Management Plan proVISIOns have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map have been developed and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: Words underlined are added; words struok through are deleted. Words double underlined in 6 red are added; words double etrl,l€lt tAr€ll,l~R in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 a. The number of ingress and egress points shall be minimized and in;;f€8s afia ~ shall be combined ifit0 single a€€€ss floifitS ,!nd at signalized l€leati0fi~ to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution #01- 247, adopted June 26.2001). c. Access points and turning movements shall be located and designed to minimize interference with the operation of existing and olanned interchanges and intersections. d. Developers of blots, parcels. and subdivisions, ';;hicb. are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure compliance with that the above-mentioned standards (a. - c.) are complied with. Policy 4.7: [Revised text, page 16] The Board of County Commissioners may consider whether to adopt &redevelopment p.l2.lans for existing commercial and residential areas may be considered by the Board of COImty Commissioners. +hese Such plans may consider include alternative land use~ f*aBs. modifications to development standards, and incentives that may be necessary to encourage redevelopment. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on March 14. 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East. Davis Boulevard and Airport-Pulling Road. For properties that hU'le been reviewed under the Zoning Reevah:lation Program, changes to the deBsity and intensity of use permitted may be considered, in order to oncourage redevelopm.ent in these areas. Some of the Other specific areas that may be considered by the Board of County Commissioners for redevelopment include.. but are not necessarily limited to: a. Pine Ridge Road, between U.S, 41 North and Goodlette-Frank Road; b. Bayshore Driye between U.S. ~ 1 East and Thomasson Drive; c. U.S. 41 East betweea Davis Boulevard and .^..irport Pulling Road; d. Davis BOI:1levard between U.S. ~ 1 East and .^..irport Pulling Road; e12. u.s. 41 North in Naples Park; and. f. c.R. 951 bet'.veen Groen Bouleyard and Golden Gate Parkway; and gf. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. Policy 4.8: [Revised text, page 16] EfiHH:lrage re€0;;filt10fi 01' ia€fitifiaBle e0lHummItles ':.'itkifi C@llier CeHmty. C0ufit)' flresefitati0fi 01' ee0fi0mie afia aeIl=l0;;raflh:e €lata skull be 13a,;ea 0fi tke t';:el':e Plafifiifig:. C€lfi1l=l1Mfiities ene0fflflassin; tke unifie€lrfloratea are[: 0f Collier C0tmtj'. afia eOfflm0fil)' Words underlined are added; words struok throl::Jgh are deleted. Words double underlined in 7 red are added; words double f3trlJ€Jk tRrGlel!3R in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 r00€JgJiiz€€l Reig;R8€JfR€l€J€lS. .'\ls0. mMaintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the five years of the annually updated Capital Improvement Plan (thn'J'..t:::h tefi ::ears for l'lf1ta810 ',':ater ~tfi€l ~;afiitary :;0'::0r fa0ilitie ), on a continuously rolling basis, weillhted population projections shall be calculated for alLQublic facilities exc~tJ2Qlable \\later and sanitary sewer using BEBR's high range growth rate; thereafter, projections shall be calculated based upon 95% of the BEBR high range growth rate. For ootable water and ~anitarY sewer facilities. the Deak DODulation shalJ be calulated. based ~on tl}e BEBR high range growth rate oODulation oroiections through the first ten vears. on a continuously rolliQg basis: thereafter. oroiections shall be calculated based uQQn th~rage of the mediL[m and high range growth rate DooulationjJlgje<;tions, Policy 4.9: [Revised text, page 16] Prepare Pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22. 1999, a Rural and Agricultural Area Assessment was prepared between 1999 and 2002. , or any phase thereof, aad adopt plan amendments necessary to implement the Based upon the findings and results of the Assessment, amendments to this comprehensive plan were adopted in 2002. including establishment of the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. or any phase thereof, pursuant to the Final Order (.:\C 99 002) issued by the L'\dministration Commission on June 22, 1999. The geographic scope of the assessment area, public participation procedures, interim development provisions, and the designation of Natural Resource Protection L'\reas on the Future Land Use Map are described is detail in the L'\griculturul/Rural Designation Description Section. Policy 4.10: [Revised text, page 17] Public participation and input was shall be a primary feature and goal of the Rural and Agricultural Assessment. planning and assessment effort. Representatives of state and regional agencies shall be inyited to participated in. and assisted in.. the aAssessment. The County shall eflsure During the three-year Assessment and subsequent comprehensive plan amendment process. community input through each phase of the L'\ssessment which may include was provided through workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Council Committee and the Collier County Planning Commission in each phase of the L'\ssessmcnt. OBJECTIVE 5: [No change to text, page 17] Words underlined are added; words struck through are deleted. Words double underlined in 8 red are added; words double Gtr!,l€Jk thr€l!,lf:1h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Policy 5.1: [Revised text, page 17] i\ll rezonin2:s must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re evalliation Program 8:fe consistent ','lith the Grov/th Management Plan and desigaated on the F1.itme Land Use Map series as Properties Consistent by Policy. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element. as provided for in Policies 5.9 through 5.14. the following provisions apply: a. For such commercially-zoned properties. ~~oning changes will be allowed permitted to these properties, and to other properties deemed coasistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. and provided the amount overall intensity of commercial land use allowed by the existing zoning district. except as allowed by Policy 5.11. is not exceeded in the new zoning district., The foregoing notwithstanding. such commercial properties may be approved for the addition of residential uses. in accordance with the Commercial Mixed Use Subdistrict. though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element. b. For such industrially-zoned properties. zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial. or commercial. zoning district as the existing zoning district. and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. , c. For such residentially-zoned properties. zoning changes will be allowed provided the authorized permitted number of dwelling units, in the new zoning district does not exceed that authorized by the existing zoning district. and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district. , except as allovled by Policy 5.11, are not increased. However, for these properties appro'led for commercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such that the overall intensity of development allo'lled by the ne':l zoning district is not increased. Further, though an increase in overall intensity may result, for these properties approved for cOlllIIlercial uses, residential units may be added as pro'/ided for in the Commerdal Mixed Use Subdistrict. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.14. said property may be combined and developed with other property. whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and nl~xed use developments only. the accumulated density between these properties may be distributed throughout the Words underlined are added; words e:truok through are deleted. Words double underlined in red are added; words double strEl€lI{ thr€lEl@R in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 9 Future Land Use Element 3-24-06 proiect. as provided for in the Density Rating System ()rJhe_<='Ornrn~rci(lI~_d Use Subdistrict. as aJ2Plica!21<:.:. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts. ew;iwfimefital impaets. afi€1 eomp8.tiElilitj' e0M.si€1eratiofis as allowed by the existing zoning district and the proposed zoning district. Policy 5.2: [Revised text, page 17] All applications and petitions for proposed development shall be consistent with this Growth Mana2:ement Plan. as determined by reviev:ea for e0M.:;istefiey '::ith the COM.lpreh0fi:;iY0 this Gn"J';:th Mafia;em0fit Phm~ afi€1 th0.;e f€nm€1 to EJ0 ifieofij:;tmt ',Yith the 111t Plafi Elj' the Board of County Commissioners :;liall fiot ~0 aflflf0ye€1 flermitte€L Policy 5.3: [No change to text, page 17] Policy 5.4: [Revised text, page 17] New developments shall be compatible with, and complementary to, the surrounding land uses, '::here the !afiallse aflflr0':al flH'lee,;S to i.Hltlicmze :;lIeh fie',': €10':el0flmefit. as set forth in subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91 10204-41, adopted June 22. 2004 and October 30, 1991 effective October 18.2004, as amended), ifielu€k; €0H1fHltibility eriteriu. Policy 5.5: [Revised text, page 18] Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (Orangetree PUD formerly known as North Golden Gate), and the Rural Fringe Mixed Use District.. before servIcmg new areas. Policy 5.6: [No change to text, page 18] Policy 5.7: [Revised text, page 18] Encoura:.:c rcco:.:nition of idcntifiable commumtics within thc urbanizcd arcus of western Collicr County. Prcsentation of cconomic and dcmo2:raohic data shall be based on Pbnnin~ Commanitic:; ;md common!}'r~zed ncifhJ29rhoods, lfi the UrEJafi, .^..:rieedturaI/RumL and C0fi.:el",'aliun De.] :::fiatlofi", ,,:ithifi all Distriets afi€1 Sul3€1istriet:; that a1l0?, .;ifi.:1e family re;i€1efitial €Ie':eI0fHMeRt. a :::~est h0yse I:; allw:,'ed as afi aeee:;:;0r:. tLe ifi ul'e0r€liHlee v:ith Seeti0fi 5.03.03 0f the Lafia D0':el€lf1mefit Code (Or€1ifiafice rJ0, 0111. ad0l'ltea June :22. :2001 an€1 effeeti':e 00t0b0r 18. :2001), as amefiae€L eJ~e0f1t that the ~:tiest house may Ele lea:;ea Of refite€t "^.dditiofi!dly. the flrifieiflal Words underlined are added; words struok through are deleted. Words double underlined in 10 red are added; words double 8trt-J€lt tf:1r0ugh in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 a\':ellifi; Hi a:,' ~e leasea or reHtea a:; '::ell. .A~ g;llest .R011Se s.Rall fi@t Be 0€lfisiaere€f a €f'::@lliHg: llftit f€lf f1111'p€ls@s €If ealelllatifig: allw::aElle €fefisitj'. Policy 5.8: [Revised text, page 18] Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be allowed permitted within the Urban l}Qesignated Af!rea. and may be allowed in other future land use designations. subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04-41 91 102, adopted June 22. 2004 and effective October 18. 2004 30, 1991) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.9: [Revised text, page 18] Former Policy 3.1k. of the Future Land Use Element provided for the establishment of a Zoning Reevaluation Program to evaluate properties whose zoning did not conform with the Future Land Use Designation Description Section of the Future Land Use Element. This Program was implemented through the Zoning Reevaluation Ordinance No. 90-23. Where such properties were determined. through implementation of that Ordinance. to be "improved property". as defined in that Ordinance. the zoning on said properties Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re evaluation Program described in former Policy 3.1K aBd implemented throl:lgh the Zoning Reeyaluation Ordinance No. 9023. shall be deemed consistent with the Future Land Use Element and those properties have been identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: [Revised text, page 18] The zoning on P]2ropertyies for which an exemptions has been granted based on vested rights, dedications, or compatibility determinations, and the zoning on propertyies for which a compatibility exceptions ft.a\.<e has been granted, both as provided for in the Zoning Re-evaluation Program established pursuant to former Policy 3.1K and implemented through the Zoning Reevaluation Ordinance No. 90-23, and as identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. Such property These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Additionally. the Copeland. Plantation Island and Chokoloskee Urban areas were exempted from the Zoning Re-evaluation Ordinance. Existing zoning on properties within these communities shall also be considered consistent with the Future Land Use Element. Words underlined are added; words struck through are deleted. Words double underlined in red are added; words double 8tr14@lt thr€JEl!3h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 11 Future Land Use Element 3-24-06 Policy 5.11: [Revised text, page 19] Properties whose zoning has been determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.12: [Revised text, page 18] The zoning on p.Qroperties rezoned under the former Industrial Under Criteria provision, or pursuant to with the former provision contained in the former Urban-Industrial District that wlHeh allowed expansion of industrial uses adjacent to abutting lands designated or zoned Industrial. both provision as adopted in Ordinance 89-05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.13: [Revised text, page 19] The follov;ing properties identified by in Ordinance # Numbers 98-82;-.. 98-91;-.. 98-94;-.. 99-02;-.. 99-11;-.. 99-19;-.. 99-33;-.. and, 2000-20;-.. were previously located in Activity Centers # No.1, 2, 6, 8, 11 & and 18. and were rezoned pursuant to those previous the Activity Centers- boundaries designated in the 1989 Comprehensive Plan, as amended. Ordinance No. 2000-27. adopted May 9.2000. modified those Activity Center boundaries to exclude those +hese properties.:. '.vere rezoned during the interim period bet',veen the adoption of the future Land Use Element in October, 1997 which was not effective due to the notice of intent finding the Future Land U S8 Element not "in compliance". DC'\.' s issuance of a Final Order, on July 22, 2003, brought tho Element into compliance. The zoning on +!hose properties. idofltified herein, \vhieh have modified the boundaries of the 1997 L\ctivity Centers are shall be deemed consistent with the Future Land Use Element. Policv 5.14: [New Policy] The zoning on properties that were rezoned pursuant to the former density bonus for Proximity to Mixed Use Activity Center or Interchange Activity Center (also known as residential density bands). or Residential Infill. or Roadway Access. shall be deemed consistent with the Future Land Use Element. The zoning on properties located within the Coastal High Hazard Area that were rezoned to a density in excess of four dwelling units per acre. pursuant to a former density bonus provision or via former Policy 5.1. shall be deemed consistent with the Future Land Use Element. Policy Srl4 5.15: 19.2] [Renumber, pages 19, 19.1 and OBJECTIVE 6: [No change to text, page 19.2] Words underlined are added; words Gtruok through are deleted. Words double underlined in 12 red are added; words double l;ItrEli5k thr@E1~n in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Policy 6.1: [No change to text, page 19.2] Policy 6.2: [No change to text, pages 19.2, 19.3] Policy 6.3: [Revised text, page 19.3] In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent abutting commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent abutting commercial properties. Policy 6.4: [No change to text, page 19.3] Policy 6.5: [No change to text, page 19.3] OBJECTIVE 7: [No change to text, page 19.3] Policy 7.1: [No change to text, page 19.4] Policy 7.2: [No change to text, page 19.4] Policy 7.3: [No change to text, page 19.4] Policy 7.4: [No change to text, page 19.4] Policy 7.5: [Revised text, page 19.4] The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or adjacent to abutting commercial development. This policy shall be implemented through provisions in specific subdistricts in this Growth Mamt2:ement Plan. Policy 7.6: [No change to text, page 19.4] Policy 7.7: [No change to text, page 19.4] Words underlined are added; words struck through are deleted. Words double underlined in 13 red are added; words double ~trlJsl, tl1rGHolgl1 in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 FUTURE LAND USE DESIGNATIQN DESCRIPTION SECTION No change to text, page 20] I. URBAN DESIGNATION [Revised text, pages 20, 21] Urban :9Qesignated A~reas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban :9Qesignated Aweas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Awea will accommodate residential uses and a variety of non-residential uses. The Urban :9Qesignated Awea, which includes Immokalee. Copeland. Plantation Island. Chokoloskee. Port of the Islands. and Goodland Marco Island, in addition to the greater Naples area. represents less than 10% of Collier County's land area. The boundaries of the Urban :9Qesignated Aweas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt. development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban :9Qesignated A~reas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts. fffiEl Subdistricts and Overlays that follow. except as allowed by certain policies under Obiective 5. b. Non-residential uses including: *** *** *** *** *** *** *** *** *** *** *** *** 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR-SP-93-01), May 1995}; *** *** *** *** *** *** *** *** *** *** *** *** 5. Community facilities such as churches.. group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; *** *** *** *** *** *** *** *** *** *** *** *** 11. Support medical facilities:. such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies:. provided the dominant use is medical related and the site is located within lA mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and Words underlined are added; words struok through are deleted. Words double underlined in 14 red are added; words double t;ltrblsk thr@bl~!;:J in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 urgent care treatment for al1.types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are is concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, GoodlcttofPine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Davis Boulevard/County Barn Road Mixed-Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict. Vanderbilt Beach Road Neighborhood Commercial Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, GoodlettelPine Ridge Commercial Infill Subdistrict. Vanderbilt Beach Road Neighborhood Commercial Subdistrict~ ,..aft€l in the Bayshore/Gateway Triangle Redevelopment Overlay; and. as allowed by certain FLUE policies. *** *** *** *** *** *** *** *** *** *** *** *** 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban M.ixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 15. Hotels/motels as may be allowed in various Subdistricts and Overlays. and by certain FLUE Policies. at a density consistent with the most recent Land De'ielopment Code by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee 1\rea, Golden Gate Area and M.arco Island Mastcr Plans, and as permitted in the BayshorelGateway Triangle Redevelopment Overlay. *** *** *** *** *** *** *** *** *** *** *** *** A. Urban - Mixed Use District: in 3rd paragraph, page 22] [Revised text, remove hyphen in title and 3 rd paragraph Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions Words underlined are added; words struok through are deleted. Words double underlined in 15 red are added; words double strl,lBI< tRr€ll;l~A in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict: [Revised text, page 22.1] The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable-workforce housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section ~ 2.06.00 of the Land Development Code, or its successor ordinance. except as provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided in c. below, but are subject to the following conditions: *** *** *** *** *** *** *** *** *** *** *** *** c. Properties eligible for the Affordable-workforce Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section ~ 2.06.00 of the Land Development Code, except that, Section 2.7.7.3 2.06.03 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable-wOI'kforce Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. *** *** *** *** *** *** *** *** *** *** *** *** 2. Urban Coastal Fringe Subdistrict: [Revised text, page 23] The purpose of this Subdistrict is to provide transitional densities between the Conservation 9gesignated Aw-ea (primarily located to the south of the Subdistrict) and the remainder of the Urban 9gesignated A~rea (primarily located to the north of the Subdistrict). R The Subdistrict comprises those Urban includes that area~ south of US 41.. between generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands. but excludes Section 13. Township 51 South. Range 26 East. Collier Seminole State Park, inel1:lding Marco Island and comprises approximately 18,000 11.354 acres and lj.%. 10% of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation 9gesignated A~rea, residential densities within the Subdistrict shall be limited to not exceed a maximum of 4 dwelling units per acre, except as allowed ffi .by Words underlined are added; words struok through are deleted. Words double underlined in 16 red are added; words double ctrucl( thro~ in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 certain FLUE Policies under Obiectiv~5the Density Rating System to exceed 4 units per acre through provision of '^Lffordable Housing and Transf~r of Development Rights, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. The Murco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts encompassed by the Marco Island Master Plan but outsido the incorporated area of Marco Island. 3. Urban Residential Fringe Subdistrict: [No change to text, pages 23, 23.1, and 23.2] 4. PUD Neighborhood Village Center Subdistrict: [Revised text, page 23.2] The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a Planned Unit Development (PUDl zoning district. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small scale retail, offices, and service facilities exceed 15 acres. These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code has been shall be amended '.vithin one (1) year to provide standards and principles regulating access, location and ef integration of the Village Center within the PUD of the Village Center. allowed uses, floor area ratio. and square footage and/or acreage thresholds. 5. Business Park Subdistrict: [No change to text, pages 24, 25] 6. Office and In-fill Commercial Subdistrict: revised text, pages 25, 25.1] [Remove hyphen from title, The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-l through C-5 zoning districts and commercial components of PUDs. *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words e;truok through are deleted. Words double underlined in 17 red are added; words double etrblsk tlilrQbI~h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case:by:case basis. *** *** *** *** *** *** *** *** *** *** *** *** 1. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban-Mixed Use District or in the Urban-Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. *** *** *** *** *** *** *** *** *** *** *** *** q. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban-Mixed Use District is 250 acres. 7. Residential Mixed Use Neighborhood Subdistrict: 25.1, 25.2] [Revised text, pages *** *** *** *** *** *** *** *** *** *** *** *** k. The project shall provide street, pedestrian pathway and bike lane interconnections with adjacent abutting properties, where possible and practicable. *** *** *** *** *** *** *** *** *** *** *** *** m. The commercial component of the project shall be internally located with no direct access to adjacent abutting external roadways, or the commercial component shall have frontage on a road classified as an arterial or collector in the Transportation Element. *** *** *** *** *** *** *** *** *** *** *** *** o. For projects located along an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent abutting arterial or collector roadway. 8. Orange Blossom Mixed-Use Subdistrict: [Remove hyphen from title, revised text, page 26] The intent of this Subdistrict is to allow for limited small-scale retail, office and residential uses while requiring that the project result in a true mixed-use development. The Activity Centers to the Ngorth and S.~outh provide for large-scale commercial uses, while this S,subdistrict will promote small:.scale mixed-use development with a pedestrian orientation to serve the homes" both existing and future.. in the immediate area. This Subdistrict is intended to be a prototype for future mixed-use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small- scale commercial services. Commercial uses.. for the purpose of this section.. are limited Words underlined are added; words struck through are deleted. Words double underlined in 18 red are added; words double 8tr~€lI~ tRr€l[,l~A in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 to those uses allowed in the C-l, C-2 ftIld C-3 zoning districts in the Land Development Code in effect as of the date of adoption of this Subdistrict (May 9. 2000). except as noted below. The development of this .s.subdistrict will be governed by the following criteria: *** *** *** *** *** *** *** *** *** *** *** *** b. A unified planned development with a common architectural theme.. which has shared parking and cross access agreements, will be developed. *** *** *** *** *** *** *** *** *** *** *** *** h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport-Pulling Road and Orange Blossom Reaa Drive will provide secondary accesses facing those streets. *** *** *** *** *** *** *** *** *** *** *** *** J. A residential component equal to at least 25% of the allowable maximum base density under the density rating system must be constructed before the .s.subdistrict completes an aggregate total of 40,000 square feet of retail ef or office uses. k. Residential units may be located both on the Nnorth and .s.~outh side~ of Orange Blossom Drive. *** *** *** *** *** *** *** *** *** *** *** *** o. No building shall exceed three ill stories in height; with no allo'Nance for any under building parking provided shall count towards this height limit. p. Drive-through establishments. which must be architecturally integrated into the main building. will be limited to banks with no more than 3 lanes architecturally integrated into the main building. *** *** *** *** *** *** *** *** *** *** *** *** s. Twenty:.foot wide landscape Type D buffers along Orange Blossom Drive and Airport-Pulling Road and a ;!G twenty-foot wide Type C buffer along all other perimeter property lines will be required. t. Parking areas will be screened from Airport-Pulling Road and Orange Blossom Drive.:. , u. The Office and Infill Commercial Subdistrict provision is not applicable to any properties adjacent to this Subdistrict. 9. CaadlettelPiBe Ridge Cammereial IBfill Sabdistrid:[Relocated text, page 27] This subdistrict consists of 31 acres and is located at the northeast quadrant of tV/O major arterial roadways, Pine Ridge Road and Goodlette Frank Road. In addition to uses allowed in the Plan, the inteat of the GoodlettelPine Ridge Commerciul Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas \vithin a convenient travel distance. The subdistrict is intended to be compatible '.yith the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis v,'ill be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. ~^..ccess to the GoodlettelPine Ridge Commercial Infill Subdistrict may feature a traffic signalized access point on Goodlette Frank Road, which may provide for access to the Words underlined are added; words €truok thr.ough are deleted. Words double underlined in 19 red are added; words double EitnHsh tRr€li!lQIx1 in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 aeighboring Piae Ridge Middle School. Other site access locations ':;ill be designed consisteB:t with the Collier County access ffiaRagemeat criteria. De'/elopm:ent intensity within the district will be limited to single story retail commercial uses, while professional or medical related offices, including financial institutions, may ocel:1r in three story lmildiags. ,^.. maximum of 275,000 sql:18i'e feet of gross leasable area for retail commercial and office and finaacia1 iastitution developmeRt may occur v/ithin this subdistrict. Retail commercial uses shall be limited to a maxilIRlm of 125,000 square feet of gross leasable area on the south I,' 23 acres. No individl:1al retail tenant may ex.ceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida '.Vater MaRagement District, the .87 I,' acre wetland aroa located on the northeastern portion of the site will be preserved. t4,2. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict: [Renumbered text, revised text, pages 27, 28] *** *** *** *** *** *** *** *** *** *** *** *** Retail uses shall be limited to single-story. financial services and offices shall be limited to three stories. A combination of these uses in a single building financial services and/or offices over retail uses - shall be limited to three stories. Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each project or yet to be established PUD District shall be required to have common site, signage and building architectural elements. Each project or PUD District shall provide for both pedestrian and vehicular interconnections with adjacent abutting properties. HI0. Henderson Creek Mixed-Use Subdistrict: [Renumbered, remove hyphen from title, revised text, pages 28, 29] The Henderson Creek Mixed-Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail.. East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; , the regional commercial uses are intended to serve the South Naples, and Royal Fakapalm Planning Communities. and the Marco Island areas. Conversely. the +he primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples, and Royal Fakapalm Planning Communities. and the Marco Island areas. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. For purposes of this Subdistrict, the term "regional commercial" is defined as: Retail uses typically dominated by large anchors, including discount department stores, off-price stores, warehouse clubs, and the like, some of which offer a large selection in a particular Words underlined are added; words Gtruok through are deleted. Words double underlined in 20 red are added; words double struok ti::1rough in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 merchandise category. Regional retail uses also typically utilize square footages ranging from 20,000 to over 100,000 square feet. Regional commercial uses generally have a primary trade area of 5 to 10 radial miles, with a typical store separation of 5 radial miles for any individual regional commercial business. Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict are as follows: .:Is. a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and U.S. 41. These access points shall be connected by a loop road that is open to the public. A loop road that is open to the public shall connect these access points. · b. Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. . c. The unified plan of development within the Subdistrict shall include provisions for vehicular and pedestrian interconnection to properties to the north. . d. Commercial components of this Subdistrict shall front on Collier Boulevard. . e. Commercial uses are limited to a maximum of 40 acres and 325,000 square feet of gross leasable floor area. · L. The maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District. . &. At least one regional commercial use is required to occupy a minimum of 100,000 square feet of gross leasable floor area. Each remaining regional commercial use must occupy a minimum of 20,000 square feet of gross leasable floor area. . h. Non-regional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, and personal service uses. · L. Non-regional commercial uses are limited to a maximum of 10% of the total allowed commercial square footage (32,500 square feet). · 1 A maximum of four out-parcels are allowed, all of which must abut Collier Boulevard. All out-parcels shall provide internal vehicular access. All out-parcels are limited to nonregional commercial uses. No out-parcel shall exceed five acres. . k. Commercial development shall be restricted to one-story buildings with a maximum height of 35 feet. · 1. Residential development shall be limited to a maximum of 360 dwelling units, subject to the Density Rating System. However, a minimum of 200 affordable; workforce housing units shall be provided. · m. Residential dwellings shall be limited to a maximum height of two habitable stories. · n. Both commercial and residential development shall be designed in a common architectural theme. · o. Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. · 12:. The type of landscape buffers within this Subdistrict shall be no less than that required in mixed:.use activity centers. Words underlined are added; words struck through are deleted. Words double QQQ~ in 21 red are added; words double otrblglt thr€lbl~h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Yll. Research and Technology Park Subdistrict: text, pages 29, 30, 31] [Renumbered text, revised The Research and Technology Park Subdistrict ... ... and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for affordable-workforce housing, except as provided in paragraph j below. Similarly, ... ... demonstrate compliance with this requirement. *** *** *** *** *** *** *** *** *** *** *** *** 1. When located in a District other than the Urban Industrial District, the Research and Technology Park must be abutting adjaceflt to, and have direct principal access to.. a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. J. Research and Technology Parks shall only be allowed not be located on land abutting residentially zoned property, unless if the Park provides affordable- workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to affordable-workforce housin~ aft4 all.. or a portion.. of the affordable-workforce housing is encouraged to be located proximate to affiH such abutting adjacent land where feasible. k. Whenever affordahle-workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. 1. Whenever affordable-workforce housing (aff(oJnlsble lHHtsiftg) is provided, it is allowed at a density consistent with the Density Rating System, but shall be provided for those earning less than or equal to 100% of the median household income for Collier County. *** *** *** *** *** *** *** *** *** *** *** *** ~12. Buckley Mixed Use Subdistrict: [Renumbered text, pages 31, 31.1] 13. LivinestonlRadio Road Commercial Infill Subdistrict: [Renumbered, relocated, revised text, after page 31.1] This Subdistrict consists of + 5.0 acres located at the northwest corner of the intersection of Livingston Road and Radio Road. This Subdistrict allows for those permitted and conditional uses set forth in the Commercial Intermediate Zoning District (C-3) of the Collier County Land Development Code. in effect as of the effective date of adoption of this Subdistrict. (adopted October Words underlined are added; words struak through are deleted. Words double underlined in 22 red are added; words double l>trlowh thmul'Ih in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 26.2004 by Ordinance No. 2004-71).-The following conditional uses. as set forth in the C-3 district in the Land Development Code. shall not be allowed: 1. Amusements and recreation services (Groups 7911. 7922 community theaters only. 7933. 7993. 7999 boat rental. miniature golf course. bicycle and moped rental. rental of beach chairs and accessories only.) 2. Homeless shelters. as defined by the Land Development Code. as amended. 3. Social Services (Groups 8322-8399). 4. Soup kitchens. as defined by the Land Development Code. as amended. To encourage mixed-use projects. this Subdistrict also permits residential development. when located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre. The gross acreage of the project is used in calculating residential density. The purpose of this Subdistrict is to provide services. including retail uses. to surrounding residential areas within a convenient travel distance to the subject property. These uses are not an entitlement. nor is the maximum density for residential uses in a mixed-use building. Such uses. and residential density. will be further evaluated at the time of the rezoning application to insure appropriateness in relation to surrounding properties. The maximum development intensity allowed is 50.000 square feet of building area for commercial uses with a maximum height of three (3) stories. not to exceed 35 feet. However. for mixed-use buildings - those containing residential uses over commercial uses - the maximum height is four (4) stories. not to exceed 45 feet. Access to the property within the Subdistrict may be permitted from Radio Road. Market A venue and Livingston Road. Any access to Livingston Road shall be limited to right-in. right-out access. Further. access shall be consistent with the Collier County Access Management Policy in effect at the time of either rezoning or SDP application. whichever policy is the more restrictive. 14. Commercial Mixed Use Subdistrict: [Revised text, page 31.1] The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a human pedestrian-scale, pedestrian oriented, and interconnected with adjacent abutting projects - whether commercial or residential. This subdistrict is allowed in the Urban Mixed Use District subject to the standards and criteria set forth under the Commercial Mixcd Use Subdistrict in tHe Urban Commercial District. Within one year of the effective date of regulation establishing this Subdistrict. the Land Development Code shall be amended. as necessary. to implement the provisions of this Subdistrict. Words underlined are added; words struck through are deleted. Words double underlined in 23 red are added; words double Qt~l;Iel( tRF€ll;l~t1 in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Proiects utilizing this Subdistrict shall comply with the following standards and criteria: 1. This Subdistrict is applicable to the C-I through C-3 zoning districts. and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C-l through C-3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subiect property. 3. Residential density is calculated based upon the gross commercial proiect acreage. For property in the Urban Residential Fringe Subdistrict. density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict. but within the Coastal High Hazard Area. density shall be limited to four dwelling units per acre. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area. density shall be limited to sixteen dwelling units per acre. 4. In the case of residential uses located within a building attached to a commercial building. or in the case of a freestanding residential building. building square footage and acreage devoted to residential uses shall not exceed seventy percent (70%) of the gross building square footage and acreage of the proiect. 5. Street. pedestrian pathway and bike lane interconnections with adiacent abutting properties. where possible and practicable. are encouraged. 15. Davis Boulevard/County Barn Road Mixed Use Subdistrict pages 31.1, 31.2, 31.3] [Revised text, *** *** *** *** *** *** *** *** *** *** *** *** 11. A minimum of 91 residential units shall be developed in the Subdistrict (this reflects the Density Rating System's base density of four dwelling units per acre, applied to the total site acreage). For the project's total density - whether it is the minimum of 91 dwelling units, or a greater amount as allowed by the Density Rating System density bonus provisions and approved via rezoning - a minimum of ten percent (10%) must be affordable-workforce housing units proVIded for those earnin[! less than or equal to 80o/c of the median household income for Collier County and another minimum of ten percent (10%) must be affordable-workforce housing units orovIded for those earnin[! [!reater than 80%. but no [!reater than 100(k. of th~ median householclincome for Collier County. B. DENSITY RATING SYSTEM: [Revised text, page 36, 37, 37.1, 38] This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban-Mixed Use District~ , and. on a very limited basis. Words underlined are added; words struok throl:Jgh are deleted. Words double underlined in 24 red are added; words double ctruok through in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Agricultural/Rural. as identified on the Future Land Use Map, and those properties specifically identified within the Urban Residential Fringe S1:lbdistrict, which are eligible to apply for an Affordable Housing Density Bonus and ex.clusive of It is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan, and the Golden Gate Area Master Plan, and Marco Island Master Plan; these two Elements have their own density provisions. and, /\gricl:tlturallRural, as proyided for in the Rural Lands Stewardship ,'\rea Overlay for the i\~ffordable Housing Density Bonus only. The Density Rating System is applicable to that portion of the Urban Coastal Fringe S1:lbdistrict Mixed Use District located seaward of the Coastal High Hazard Area (CHHA) Boundary only to the extent that the residential density cap of 4 dwelling units per acre is not exceeded.. except for the deasity bonus provisions for ,A~ffordable Housing and Transfer of Deyelopment Rights, and except as proyided for in the Bayshore/Gateway Triangle Rede'/elopment Overlay. ER€eflt as sfleeifieall j' flrw;i€le€l 0010'.';. tIhe final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). Defisity aekie':e8 s:,' ri;ht skall fi0t \;Je €0m.f;;Jifieg ';:itk €Iew~ity ael1ie':e8 HU0U:;k tke n'Z€Jfie flu0lie kearifi;; flr0ees:;. 1. The Densitv Ratine Svstem is aDDlied in the folio wine manner: a. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre may be i% permitted allowed, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of: the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict; and, mixed residential and commercial uses as provided for in the C-l through C-3 zoning districts in the Collier County Land Development Code, YW €tlfi8itic]fial tL;€~; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. b. Within the Urban Residential Fringe Subdistrict. the Density Rating System is applicable for the Affordable-workforce Housine Densitv Bonus only. as specifically provided for in that Subdistrict. e. Witkifi the H.:'lral frifi:.:g Hi;~e€l U:;e Odriet. Reeei'.'iM; Lands. t19€ Defi:;ity Ratifi; Sj'stem. i,: aflfllieasle f0f the f...fwrliabl€ w€lrhwy€€ HeusiJl~ DeMsitr ReMUS ofily. as speeifieally flr@':igeg f0r '::ithifi a Rural '/illage. €ie. Within the Rural Lands Stewardship Area Overlay (RLSA). the Density Rating System is applicable for the Affordable-workforce Housine Density Bonus only. as specifically provided for in the RLSA for Stewardship Receiving Areas. Words underlined are added; words struck through are deleted. Words double underlined in 25 red are added; words double 8trbol€l~ tnfe~~R in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 @d. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings or accessory structures that are not intended and/or not designed for permanent occupancy, and is not applicable to accessory dwellings or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, servants quarters, mother-in-Iaw's quarters, cabanas, guest suites, and the like. k. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: & 12 Policy 5.1 of the Future Land Use Element;. .:. & ~ The Urban-Mixed Use District for the "vested" Port of the Islands development; .:. &}2 The Buckley Mixed Use Subdistrict~.:. & ~ The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 6) Livingston/Radio Road Commercial Infill Subdistrict 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict ;. Witkifi tkc a~fJli@a~lg fJi9rtiofi 01' the Urbafi r,1iJ[@d LIs@ Distriet. a:~ idefitifi@d ifi the first fJara;nlfJk Mfider tkis seeti€lfi (B. D€fisitj' Ratifi; Sj'stem). ~lH furtk@r e~[elM€lifi: tke Llrl<l~m Residefitial Frifig:e Sul<l€listri@t afi€l all fJr0fJerties l€leat@a v:itkifi tke C0a:~tal Hi~k Hazara /\reu, allfJrofJerties z0fiea /.. R:Olfal :\::rieMltural, afirei/or E. Estate:~. afid/0r RSF 1. 2. 3, Residefitial Sifi;le Fal'nil','. f0r ?:kiek aft afffJl"tlable in~l"hffJl"ee h811sine: fJmjeet i:; fJr0fJosecl ifi aeeonlanee '1:itk Seetion '1.0€i.00 01' tke Lafia De':elllflmefit O'lde (Or€linafiee 91 11. a:; amefide€!. a€l0flted JUfie 2'1,"001 an€l ef1'eeti',e October 18.2001). skall tole fJermitte€l tke 13a'~e defisit" 0f f0m (1) 0?:ellift; Mfiits per :r0,~S <l€re b:,' ri;ht: tRut is. a reZOfie fJMblie keurifi~ :JHlll fiot 13e re9.:'lired. Sl:tek a fJf0ieet filMst e0mfJris€! a mifiifi1Mln of tefi aeres. Defisit:( aekicve€'l \:Jy ri;;fit skall fiot l<le €!€lIfi13ifie€l "!:itfi €lefisity aefiie':e€'l tfiHm:fi the reZ€lfi€! flu13lie kearifi; pr0eess, A~. Density Bonuses: [No change to text, page 36] li!. Conversion of Commercial Zoning Bonus: [Revised text, page 37] If ~ ~ project includes the conversion of commercial zoning that has been found to be "Consistent Bv Policy" through the Collier Coun!L.zoning Re-evaluation Program (Ordinance No. 90-23), then i:; fH'lt e0fi:jstefit "{':ilk afi)' S'J0€'1istriet alltw:ifi'; eomrnereial El:;e:~. a bonus of up to 16 dwelling units ~er acre may be added for every \lll~ (11 acre of commercial zoning that wlli€ft is converted !.Q residential zonJ!:!g~ exceot !hat oro~rties within the Coastal High Hazard Area cannot exc:eed the cap of four d_welling uDi!.u2eL~lCre. These dwelling units may Words underlined are added; words struok thr:ough are deleted. Words double underlined in 26 red are added; words double ctruck throloJ@h in red are deleted - both since 2-23-06 version, *** *** *** *** *** *** *** *** *** *** I nd icates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 be distributed over the entire project. The project must be compatible with surrounding land uses. 2. PFoximity to "Uxed Use Aetivity CeRteF OF IBteFeksBge ;\etivit}' CeBteFI [Deleted text, page 37] If the project is within one mile of a .Mixed Use .A..ctivity Ceater or Interchaage ;\"ctivity Ceater and located within a residootial deasitybaad, 3 residential units per gross aere may be added. The deasity baed around a Mixed Use .A..ctivity Center or Interchange .\ctiyity Center shall be measured by the radial distance froHl the ceater of the intersection arOl:l8d which the Mixed Use .A"ctivity Center or Inter~hange .\ctivity Center is situated. If 50% or more of a project is '.Yithin the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the FHtUfe Land Use Map and shall not apply within the Estates Designation or for properties withia the Traffic Congestion ;\rea. ~h. Affordable-workforce Housing Bonus. Bv Public Hearine: page 37] [Revised text, To encourage the provIsIOn of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section ~ 2.06.00 of the Land Development Code, Ordinance #91 102 04-41, as amended. adopted June 22, 2004 and effective October ~ .lli, -l-99+ 2004). In the Urban Coastal Friage Subdistrict Coastal High Hazard Area, projects utilizing the Affordable-workforce Housing Densitv Bonus projects must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. and such Droiects cannot exceed the Coastal Hif!h Hazard Area cao of four dwellinf! units Del' acre. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable-workforce, Housing Density Bonus may be utilized within the Agricultural/Rural designation, as ~rlr;iae€!. 1'01' ifi the Rtlral Prin;;e Hi;~ecl U~;e Distri€t. Re€ei';ifi:: Lafia~; De,;ibfiati0fi. for a Rural '.'illa;e. ~tficl as provided for in the Rural Lands Stewardship Area Overlay, ~ subject to the aforementioned Section 2.06.00 ~ of the Land Development Code. c. }'Afferd.alJle iyorhfol'ce Heusine: Bonus. By ltie:kt [nc',r text, page 371 T€l €fie€H.H"a;e tR€ ~r€l';isi€l.R 011' afwrd.abl@ ',i'8rl,wrc@ keusine: ...;itRin tkat ~€lrti0fi of tRe lJdHtfi Mine€!. 1)s0 Di:;triet €le:;eril'Je€l ifi 8eeti0fi E .1.b" &l'J0','0, flrofl0rties z0fiea .^.. R:.mll .'\;rieulttlral. &fi€l/01r E. Estates, &fi€l/0r RSF 1. 2. 3. 1. 5, €i. Recjclzfitial Sifi;le Fam.ilj' clfid}or RMF 6. n.e:;idential Mtllti Fam.ily. f{)r ?;hieh an Words underlined are added; words t::truok throbJgh are deleted. Words double underlined in 27 red are added; words double 8tru€lt t/;IroEJ@h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 affordable ',i'orhforc@ ftousiRe: flf€lie@t is flF€lfl€lsea in a€@€lfaafi0€ ...:itk the aefifiiti€lfi:; afi€l r0€luiremefits 01' tke Afrordabl@ ',\'orl(ror€@ Hou8inl?: Density Bonus Or€lifiafiee (~e€ti0n 2.Q€l.QQ 01' the Lan€l Dewl0flmefit C@€le. OrdiHafi€€ 04 41. as am€H€le€l. a€l0flted JUH@ 22. 2004 aHa eff€eti','e Oet013er H~, 2004). a maximum 01' f0Uf ('1) re:;idefitial ufiits fJer ;ross aere skall be adde@ to tke base ~!tLQf 1 a?;ellifif. tmits fler alae. Tkeref0re. tke ma:limum. €lefisitj' that maj' se aekieye€l sy ri;kt skall fi0t eJ[@@e€l eigkt (8) €l'::ellifi; ufiit:s fler ael'e. Suek a flmie@t "lust @@mflri:;e a mifiimum 0f t@fi a@f€s. DeH::it:,' aekieye€l BY ri;ht :skall fi0t se e0msified ".'irk €lefLity aekie':e€l tkf0u;k tke feZ0fie flu0lie kearifi; flr0ee;s. 4. ResideRtial In fill: [Deleted text, pages 37, 37.1] To encourage residential in fill in urban areas of existiflg development outside of the Coastal High Hazard ;'\.rea, a maximum of 3 Fesidential dwelling uflits per gross acre may be added if the following criteria are met: (a) Tho project is 20 acres or less ifl size; (b) ..\t time of development, the project will be served by central public '''/ater and sewer; (c) The project is compatible viith surrouading land uses; (d) The property in question has no common site deyelopment plan with adjacent property; (e) There is no common ownership with any adjacem paroels. (0 The parcel in question 'lias not created to take advafltage of the in fill residential density bonl:ls and was created prior to the adoption of this provision in the Gro'lith Management Plafl on Janl:lary 10, 1989. (g) Of the maximum 3 additional l:lnits, one (1) dV/elling unit per acre shall be transferred from Sending Laflds. (h) Projects qualifyiag under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Laflds. 5. Roadway..A...eeess: [Deleted text, page 37.1] If the project has diFcct access to 2 or more arterial or collector roads as identified in the Traffic Circl:llation Element, 1 resideatial dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the deyeloper commits to construct a portion of the roadvlay (as determined by the County Traasportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway ..^..ccess bonus is not applicable to properties located within the Traffic Congestion Afetr. ~. Transfer of Development Rights Bonus: [Renumbered, revised text, page 38] To encourage preservation/conservation of natural resources, density transfers are permitted as follows: Words underlined are added; words Gtruok through are deleted. Words double underlined in 28 red are added; words double otnj€)k through in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 (a) From Urban desillnated areas into \Vitkifi that portion of the Urban designated area subject to this Density Rating System, atmsity may 00 ifi0r0asea above afia heY€lfia tke aefisity 0tkef'::ise allw;:ea 0)' tke Defisit:,' Ratifi'; Sy:;tefil~ afij' Urhafi aesi;fi8:tea area. in accordance with the Transfer of Development Rights (TDR) ~yision contained in Section 2.2.24.11 2.03.07 of the Land Development Code... adopted by Ordinance No. #91 102 04-41, as amended, on June 22. 2004 and effective October M} .lli, .f.99.l- 2004.,;, as am€fia€€l For oroiects utilizinll this TDR orocess. density may be increased above and beyond the density otherwise allowed by the Density Ratinll SYstem. exceot that orooerties within the Coastal Hi2:h Hazard Area cannot exceed the cao of four dwellin2: units oer acre.,\, (b) From Sending Lands in conjunction with qualified infill development (e.!2.) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre. In no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal High Hazard Area. Lands lying seaward of the Coastal High Hazard Bmmdary, ideatified OR the FMture Land Use Map, are within the Coastal High Hazard Area. 1!!. Transportation Concurrency Management Area (TCMA) Bonus: [Renumbered text, Revised title, page 38] ~~. Density Reduction: [No changes to text, page 38] la. Coastal Hie:h Hazard Area Reduction Trftffie C9ftgesti9H f..rea: [Revised text, pages 38, 38.1] If the project lies is within the Traffic Coagestion }..rea Coastal High Hazard Area, an area identified as subject to long range traffic cORgestion, 1 dwelling unit per gross acre would be subtracted from the eligible base density of four dwelling units per acre. The Traffic Congestion BOl:lRdary is sho':l8 OR the Future Land Use Map and consists of the '.'/estern coastal Urban Designated Area seW/lard of a boundary marked by }...irport Pulliag Road (including an extension north to the Lee County boundary), Da'/is Bouleyard, County Barn Road, and Rattlesaake Hammock Road consistent "lith the Mixed Use ,A...cti'/ity Center's residential deasity band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion l\rea shall be considered part of the Traffic Congestioa Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Futhermore, the density reduction shall not apply to de:.:elopments located within the South U.S. 41 TCK\ (as identified within Transportation Element, Map TR 4, and Transportation Element, Polieies 5.5 and 5.6, and FLUE Words underlined are added; words struok through are deleted. Words double underlined in 29 red are added; words double fJtru€Jk thr€lblgh in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Policy 2.4) that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6, and that include affordable housing (as per Section 2.7.7 of the Collier County Land DevelopmeFlt Code, as am6aded) as part of the plan of development. This reduction shall likewise not be applied to developments 'Nithin the Northwest and East Central TC.Ml\.S that meet the requirements of FLUE Policies 6.1 through 6.5, afld Transportation Element, Policies 5.7 and 5.8, and that include ,\ffordable Housing (as per Section 2.7.7 of tho Collier COURty Lafld Deyelopment Code, as amended) as part of the plan of de';elopmeat. ~. Density Conditions: [No changes to text, page 38.1] l!!. Maximum Density - General: [Revised text, page 38.1] The maximum allowed permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Drovision contained in Section 2.2.21.10 2.03.07 of the Land Development Code adopted by Ordinance No. #91 102 04- 41, as amended. on June 22. 2004 and effective October ;G .lli, 199-1- 2004, @"'i /tflleR8eg. .However. Ql~:ties within the Coastal Hi~h Hazard Area cannot exceed the ca120f four dwelling lInitsJ2~!' acre. b. Maximum Densitv - Coastal Hieh Hazard Area: [New text, page 38.1] Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) of this Growth Management Plan defines the Coastal High Hazard Area (CHHA). The CHHA boundary is depicted on the Future Land Use Map: all lands lying seaward of that boundary are within the CHHA. The maximum density allowed within the CHHA is 4 dwelling units per gross acre. except as provided for in Policy 5.1. and except for the "vested" Port of the Islands development. Further. new rezones to permit mobile home development parks aad s1:1bdivisions shall not be allowed within the CHHA. El~. Density Blending: [No changes to text, pages 39, 40] BC. Urban Commercial District: [No changes to text, page 40] 1. Mixed Use Activity Center Subdistrict: [Revised text, pages 41, 41.1, 42-44] Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989. there were 21 Activity Centers. There are now 19 .Mixed Use Activity Centers. listed below. which comprise approximately 3,000 acres~ ., this includes including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers... #19 and 21.. have been deleted as they Words underlined are added; words e:truok through are deleted. Words double underlined in 30 red are added; words double otruslt thrGlJgh in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 are now within the incorporated City' of Marco Island and replaced by the land use designations identified in the Marco Islaad Master Plan and Future Land Use Map. # Ilmmokalee Road and Airport-Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 1-75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake-Hammock Road and Collier Boulevard # 8 Airport-Pulling Road and Golden Gate Parkway # 91-75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #10 1-75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport-Pulling Road #12 US 41 and Pine Ridge Road #13 Airport-Pulling Road and Pine Ridge Road #14 Goodlette-Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport-Pulling Road #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character. Further. they are generally intended to be developed at a human-scale. to be pedestrian-oriented. and to be interconnected with adjacent abutting projects - whether commercial or residential. Street. pedestrian pathway and bike lane interconnections with adjacent abutting properties. where possible and practicable. are encouraged.,\dditionally, some commercial de'ielopment is allo'.ved outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange ,^..ctivity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed Use Subdistrict, GoodlettelPine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boule'iard Commercial Subdistrict, Li','ingstonJPine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston RoadlEatonv..ood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Buddey Mixed Use Subdistrict and the Bayshore/Gateway Triangle Redevelopment O'ierlay and by Policies 5.9,5.10, and 5.11 of the Future Land Use Element. Mixed Use ,^.:ctivity Centers are intonded to be mixed use in character. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses. residential uses. institutional uses. hotel/motel uses at a maximum density of 26 units per acre ef intensity consistent with the Land DC'ielopment Code. community facilities. and other land uses as generally allowed in the Urban designation. The actual mix of the various Words underlined are added; words struok through are deleted. Words double underlined in 31 red are added; words double gtrelsk thr@Iol!j!A in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 land uses 'l/hich may include the full array of commercial uses, residefltial uses, institutional uses, hotel/motel uses at a density coasistent with the Land Development Code shall be determined during the rezoning process based on consideration of the factors listed below. Except as restricted below under the provision for Master Planned Activity Centers. all Mixed Use Activity Centers may be developed with any of the land uses allowed within this Subdistrict. For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area or Urbafl Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area. the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict. eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center. the density accumulated from the Activity Center portion of the project This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use .i\ctivity Center. Mixed-use developments - whether consIstmg of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activitv Centers. Such mixed use projects are int-ended to be developed at a human scale. pedestrian oriented, and interconnected with adjacent projects whether commercial or residential. Street, pedestrian path'.vay aad bike laFle interconnections 'liith adjacent properties, where possible and practicable, are encouraged. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center. and the portion within an Activity Center is developed as mixed use. the density accumulated from the Activity Center portion of the project skall fi0t mCLY be distributed to that oortion of the orolect !pcated outside of the Activity Center. In order to oronlQte compact and walkable mixed lIse proiects. where the density from a mixed use oroiec! is distributed outside the Activi1Y Cent~r l2~)Undarv. [hI: mixed LIse cOlnponent of the project within the Activitv Center must ifiy1ucle a minimum of thirty percent (30%) of the Activitv Center-accumulated densitv._ and the dwelling units distributed outside the Activitv Center must be located within one third (1/3) of a mile of the Activitv CenteI: boundarv. Words underlined are added; words struok through are deleted. Words double underlineq in 32 red are added; words double &tnwlt through in red are deleted - both since 2-23-06 version. *** *** *** *** *'** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 The factors to consider during review of a rezone petition for a proiect. or portion thereof. within an Activity Center. are as follows: a. Rezones within Mixed Use .^..ctivity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center-;-.:. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses-;-.:. d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles-;-.:. e. Adequacy of infrastructure capacity, particularly roads-;-.:. L Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties-;-.:. &. Natural or man-made constraints-;-.:. h. Rezoning criteria identified in the Land Development Code-;-.:. 1. Conformance with Access Management Plan provisions for Mixed Use Activity Centers. as contained in the Land Development Code-;-.:. 1:. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections-;-.:. k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent abutting projects-;-.:. 1.:. Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual. fixed boundaries and cannot be adjusted without a Words underlined are added; words struok through are deleted. Words double underlined in red are added; words double stFloI€l1< tlilrCillol!!lA in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** **'It *** *** *** *** *** ***** *** 33 Future Land Use Element 3-24-06 comprehensive plan amendment. except as provided below for Master Planned Activity Centers of Mixed Use .^~ctiyity Centers listed below by .^..ctivity Center and location are specifically defined on the maps aad shall be considered to delineate the boundaries for those Mixed Use /\ctivity Centers. # 1 Imrnokalee Road and .\irport Road # 6 Da'/is BOI:llevard and Santa Barbara Bouleyard # 8 L^..irport Road and Golden Gate Park'.vay #11 Vanderbilt Beach Road and L^..irport Road #12 US 41 and Pine Ridge Road #13 L^..irport Road and Piae Ridge Road # 15 Golden Gate Parkway and Coronado Boulevard #16 US 11 and L\irport Road #17 US 11 and Rattlesnake Hammock Road #18 US <11 and Isles of Capri Road #20 US <11 and Wiggins Pass Road The mix of uses in all of these specifically desigaated. except for #6 at Davis Boulevard and Santa Barbara Boulevard, !!ill! range from 80 to 100% commercially zoned and/or developed property. L^..ctivity Center #6 is approRimately 60% commercially zoned and/or developed. For purposes of these specifically designated /..ctivity Centers. the entire i\ctivity Center is eligible for up to 100%, or any combination thereof, of each of the following uscs: commercial, residential and/or community facilities. Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as f! Master Planned Mixed Use Activity Centers. A Master Planned Mixed Use Activity Centers-are is one these which btwe has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. as provided below. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 Collier Boulevard #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus mix and location of uses permitted within a designated Mixed Use Activity Center.:. and may be permitted to modify the designated configuration. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below duriag final site design; Words underlined are added; words Gtruok through are deleted. Words double underlined in 34 red are added; words double str(,lgl, ti;;Jrg(,l~1;] in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Hhowever, the approved acreage within amoHflt of commercial development the reconfigured Activity Center shall not Be exceedetl that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51 % of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51 % ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51 % ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control;".:. 2. The permitted allowable land uses for a Master Planned Mixed Use Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. to the extent of the unified control. The maximum amount of commercial uses illh2_\\Ied ~rmitted at Activity Center # 3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be li~nited to ~ fm ~0f tHe non-commercial uses as allowed in Mixed Use Activity Centers residential and/or community facility uses. The maximum amount of commercial uses iJUSJ\v_ej permitt0c1 at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be 1illlit~d tQ ~ for ~lIlY of tHe non-commercial uses as allowed in Mixed Use Activity Centers residential and/or community facility HSeS. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, ~ercJaI development shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities - this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but Words underlined are added; words E:tnJOk through are deleted. Words double underlined in 35 red are added; words double 8trtolok throY~h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers. Activity Center #14 (Goodlette-Frank Road and Golden Gate Parkway) shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be limited to ~ f0r !tfi)' 0f tOO non-commercial uses as allowed in Mixed Use Activity Centers. residential and/or community facility uses. '^1ctivity Centers it2 and it5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two .'\ctiyity Centers, the entire .'\ctiYity Center is eligible for up to 100%.. or any combination thereof, of tho following uses: commercial, residential and/or community facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Yse Activity Center shall be compatible with and related to existing site I<features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network;--afta.:. 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian. bicycle and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · +!he intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications contained in the Transportation Traffic Circulation Element. · +!he Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. · Mmarket justification is provided demonstrating the need for a Mixed Use Activity Center at the proposed location. 2. Interchange Activity Center Subdistrict: [Revised text, pages 44, 45] Interchange Activity Centers have been designated on the Future Land Use Map at eaeh ef-the three of the County's four Interstate 75 interchanges and include numbers 4, 9 and Words underlined are added; words ctruok through are deleted. Words double underlined in 36 red are added; words double s#uclt throuW1 in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** I ndicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 10; there is no Activity Center at the"'l1ew I-75/Golden Gate Parkway interchange. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 (1-75 at Immokalee Road) and #10 (1-75 at Pine Ridge Road) allow for a the same mixture of land uses as allowed in the Mixed Use Activity Centers; additionally. which may include 100% or any combiFlation thereof, of each of the follo\ying uses: the full array of commercial uses, residential and non residential uses, institutional uses, hotel/motel uses at an density consistent '/lith the Land Development Code,.;. and Business Parks; aFld industrial uses.. as identified below. are allowed in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 (1-75 at Collier Boulevard) shall be is subject to the requirement of the development of an Interchange Master Plan (IMP). which was~ IMP is intended to create an enhanced "gatcway" to Naples. The IMP process shall be initiated by the property o'.vners and/or their representati'les by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for j\ctivity Center "It 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. and to the implementing provisions adopted into the Land Development Code. j\ll rezones thereafter shall meet the intent of the vision statement. Subsequent to the developmeFlt of the vision statement, All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include all land uses allowed in the Mixed Use Activity Centers; additionally. the full array of commercial uses; residential and non residential uses; institutional uses; Business Park; and/or hotel/motel uses at a density consistent ',vith the Land Deyelopment ~ industrial uses shall be allowed in the northeast, south'.vest and southeast quadrants of 1-75 and Collier Boulevard. and in the southwest quadrant of Collier and Davis Boulevards. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The above allowed uses notwithstanding. entire Interchange f...etivity Cent-er is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced abo'le, except commercial zoning the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during revie';l of a rezone petition shall be compliance ','lith the vision statement and those included for the Mixed Use 11m Activity Center. The actual mix of uses shall be Words underlined are added; words otruok through are deleted. Words double underlined in 37 red are added; words double otrlolsh tRr8W~R in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. and based on the adopted IMP. For residential-only development, if a project is located within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and not '.vithin the Estates Designation, up to 16 residential units per gross acre may be allowed permitted. If such a project is located within the boundaries of an Interchange Activity Center which is within the Urban Residential Fringe Subdistrict. eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center. the density accumulated from the Activity Center portion of the project This density may be distributed throughout the project, including any portion located outside of the boundary of the L\ctivity Center. Mixed-use developments - whether consisting of residential units located above commercial uses. in an attached building. or in a freestanding building - are allowed and encouraged within Interchange Activity Centers. Such mixed-use projects are intended to be developed at a human-scale. pedestrian-oriented. and interconnected with adjacent projects - whether commercial or residential. Street. pedestrian pathway and bike lane interconnections with adiacent properties. where possible and practicable. are encouraged. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict. the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict. eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center. and the portion within an Activity Center is developed as mixed use. the density accumulated from the Activity Center portion of the project shall not be distributed outside of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses - those that serve regional markets and derive specific benefit when located in the Interchange Activity Centers:. shall be allowed in the Activity Center quadrants previously identified. These uses shall be limited to: manufacturing. warehousing. storage. and distribution. , pro'/ided During the rezone process. each such use shall be is- reviewed to determine if it will and found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, '.varehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, rcsidefltial and/or institutional land uses allowed in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent Words underlined are added; words struok through are deleted. Words double underlined in 38 red are added; words double Gtr",gl~ tRrebl~1xl in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 with the following conditions. Site:.specific development details will benreviewed during the Site Development Plan review process. a. Landscaping, buffering and/or berming shall be installed along the Interstate; b. Fencing shall be wooden or masonry; f..:. Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; d. Central water and sewage systems shall be required; e. Ingress and egress shall be consistent with State Access Management Plans, as applicable; L. No direct access to the Interstate right-of-way shall be permitted; &. Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plan provisions, or State Access Management Plans, as applicable; h. Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; 1.:. The developer shall be responsible to provide all necessary traffic improvements to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; and. 1. A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. 3. LivingstonlPine Ridge Commercial Infill Subdistrict: [Revised text, page 46] *** *** *** *** *** *** *** *** *** *** *** a. Southeast Quadrant If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjacent abutting properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to abutting areas zoned agricultural. b. Northwest Quadrant Words underlined are added; words struck through are deleted. Words double underlined in 39 red are added; words double ~tfI,l81( tArsbl€JR in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 The feasibility of interconnecti8ns to the adjacent abutting properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. *** *** *** *** *** *** *** *** *** *** *** 4. Business Park Subdistrict: [No change to text, page 46] 5. Research and Technology Park Subdistrict: [No change to text, page 46] 6. Livingston RoadlEatonwood Lane Commercial Infill Subdistrict: [No change to text, page 48] 7. Livingston Road Commercial Infill Subdistrict: [No change to text, page 48] 8. Commercial Mixed Use Subdistrict: 48,48.1] [Relocated text, Revised text, pages The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a human- scale, pedestrian-oriented, and interconnected with adjacent abutting projects - whether commercial or residential. 'Nithin one year of the effective date of this Subdistrict, the Land Development Code shall be amended, as necessary, to implement de'.'eloping pursuant to the regulation governing this Subdistrict. This Subdistrict is allowed in the Urban Commercial District subiect to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban Mixed Use District. Projects utilizing this Subdistrict shall comply with the follo',Ving standards and criteria: 1. This Subdistrict is applicable to the C I through C 3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C 1 through C 3 zoning districts. 2. Commercial uses and de'v'elopment standards shall be in accordance with the commercial zoning district on the subject property. 3. Residential density is calculated based upon the gross commercial project acreage. For property in the Urban Residential Fringe Subdistrict, density shall be as limited by that Subdistrict. For property not ,;,'ithin the Urban Residential Fringe Subdistrict but within the Coastal High Hazard ,<,\rea, density shall be limited to four dwelling units per acre. For property not \vithin the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard ,\rea, density shall be limited to sixteen d'.velling units per acre. Words underlined are added; words struok through are deleted. Words double underlined in 40 red are added; words double 8trlol€lk thrQloI~h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 4. In the case of residential l:1ses }orated within a building attached to a commercial building or in the case of a freestanding residential building, building square feet and acreage devoted to residential uses shall not exceed seyenty percent (70%) of the gross building square footage and acreage of the project. 5. Street, pedestrian patlr:lay and bike lane interconnections with adjacent properties, ':lhere possible and practicable, are encouraged. 9. Livingston RoadN eterans Subdistrict: Memorial Boulevard Commercial Infill [No changes to text, page 48.1] 19. LiviBgstanlRadia Road Cam.mereial IBfill Sabdistriet: [Relocated text, pages 48.1, 48.2] This Subdistrict consists of .1 5.0 acres located at the northwest comer of the intersection of Livingston Road and Radio Road. This Subdistrict allows for those permitted and conditional uses set forth in Commercial Intermediate Zoning District (C 3) of the Collier County Land De'lelopment Code, Ordinance 91 102, in effect as of the effecti'le date of adoption of this Subdistrict. (1\dopted October 26, 2001 by Ordinance No. 2001 71) Ho',vever, the following conditional uses shall not be permitted: 1. /\.musements and recreation services (Groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf coursc, bicycle and moped rental, rental of beach chairs and accessories only.) 2. Homeless shelters, as defined by the Land De'lelopment Code. 3. Social Services (8322 83990) 1. Soup kitchens, as defined by the Land Development Code. To encourage mixed use projects, this Subdistrict also permits residential development, \vhen located in a mixed use building (residential uses O'leT commercial uses). Such residential de'lelopment is alloYled at a maximum density of 16 d'.velling units per acre; the gross acreage of the project is used in calculating residential density. The purpose of this Subdistrict is to pro'lide services, including retail uses, to surrounding residential areas within a conyenicnt travel distance to the subject propcrty. These uses are not an entitlement, nor is the maximum density for residential uses in a mixed use building. Such uses, and residential density, v,ill be further evaluated at the time of rezoning approyal to insure appropriateness in relation to surrounding properties. The maximum dcvclopment intensity allov/ed is 50,000 square feet of building area for commcrcial uses with a maximum height of three (3) stories, not to exceed 35 feet. Words underlined are added; words struok through are deleted. Words double underlined in 41 red are added; words double Eltrl1rJeh tArel1rJ~1iJ in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Howe'ler, for mixed use buildings fuose containiRg r-esidential uses oyer commercial uses the maximum height is four (1) st{)ries, not to exceed 45 feet. .'\ccess to the property withiR the Subdistrict may be permitted from Radio Road, Market A'y'enue and Liyingston Road. .'\ny access to Livingston Road shall be limited to right in, right out access. Further, access shall be consistent with the Collier County .^"cccss Management Policy iR effect at the time of either rezoning or SDP applicatioR, whicheyer policy is the more restricti'y'c. 10 n. Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Renumber, revise text - 5th paragraph, pages 48.2, 48.3] *** *** *** *** *** *** *** *** *** *** *** d. Parcel 2 *** *** *** *** *** *** *** *** *** *** At the time of rezoning of Parcel 2, the developer shall provide restrictions and standards to insure that uses and hours of operation are compatible with surrounding land uses. Permitted uses such as assisted living facilities, independent living facilities for persons over the age of 55, continuing care retirement communities. and nursing homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the eastern property line, adjacent to abutting the Wilshire Lakes PUD, at a minimum width of thirty (30) feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan for that portion of the property fronting Vanderbilt Beach Road as well as that portion along the eastern property line, adjacent to abutting the Wilshire Lakes PUD. 11. Goodlette/Pine Ride:e Commercial Infill Subdistrict: text, after page 41] [Relocated, revised This S~ubdistrict consists of 31 acres and is located at the northeast quadrant of two major arterial roadways. Pine Ridge Road and Goodlette-Frank Road. In addition to lIses ~nerall v allowed in the Urban desi!?nation PlaH->- :J4he intent of the GoodlettelPine Ridge Commercial Infill Subdistrict is to provide shopping. personal services and employment for the surroundin~ residential areas within a convenient travel distance. The S~ubdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore. emphasis will be placed on common buildin~ architecture. signage. landscape design and site accessibility for pedestrians and bicyclists. as well as motor vehicles. Access to the GoodlettelPine Ridge Commercial Infill Subdistrict may feature a signalized traffic access point on Goodlette-Frank Road. which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Words underlined are added; words struck through are deleted. Words double underlined in 42 red are added; words double otruck thmlAgh in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Development intensity within the Subdistrict will be limited to single-story retail commercial uses. while professional or medical related offices, including financial institutions. may occur in three-story buildings. A maximum of 275.000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this Subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/- 23 acres. No individual retail tenant may exceed 65.000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District. the .87 +/- acre wetland area located on the northeastern portion of the site will be preserved. -GD. Urban - Industrial District: [Remove hyphen from title, no changes to text, page 51] 1. Business Park Subdistrict: [No change to text, page 51] 2. Research and Technology Park Subdistrict: [No change to text, page 51] II. AGRICULTURALIRURAL DESIGNATION: [No change to text, page 52] A. AgriculturallRural - Mixed Use District: [Remove hyphen from title, Relocate text of sub-paragraph g., pages 53, 54] *** *** *** *** *** *** *** *** *** *** *** *** g. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, TO':lllship 51 South, Range 27 East added to Fiddler's Creek DRI together ':lith part of Section 29, To',vnship 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no flew units are added to the 6,000 previously approyed units, which rcsults in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that S01:lth Florida Water Management District jurisdictional v/etlands impacted by the DRI in said Sections do not exceed 10 aere&:- 1. *** Rural Commercial Subdistrict: *** *** *** *** *** [Revised text - paragraph e., page 54] *** *** *** *** *** *** e. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Transportation Element; and B. Rural Fringe Mixed Use District: [No changes to text, page 54] 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: [No changes to text, page 55] A) Receiving Lands: *** *** *** *** *** *** *** *** [Revised text, page 58] *** *** *** *** Words underlined are added; words struck through are deleted. Words double underlined in 43 red are added; words double strl,lsh tlilr€lbl!i!jA in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 5. Allowable Uses: u) Travel trailer recreational vehicle parks, provided the following criteria are met: 1) The subject site is adjacent to abutting an existing travel trailer recreational vehicle park site; and, 2) The subject site is no greater than 100% the size of the existing adjacent abutting park site. B) Neutral Lands: *** *** *** *** [Relocated text, new subparagraph s), pages 59, 60] *** *** *** *** *** *** *** *** s) Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South. Range 27 East added to Fiddler's Creek DRI together with part of Section 29. Township 51 South, Range 27 East. at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units. which results in a gross density of 1.6 units per acre for the Fiddler's Creek DR!; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DR!; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. C) Sending Lands: [No changes to text, pages 62, 63, 64] D) Additional TDR Provisions: {Revised text, first paragraph, page 65] 'Nithin one year of adoption of this plan amEmdment, Collier County will amend has amended its land development regulations to adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process will include~ , at a minimum the following provisions: 2. Buffers Adjacent to Major Public Rights-of-way: [No changes to text, page 65] 3. Rural Villages: [Revised text, pages 66,67,68,69] C) Rural Village Sizes and Density: *** *** *** *** *** *** *** *** *** *** *** *** 3. Density shall be achieved as follows: c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following, either individually or in combination: 1) Additional TDR Credits. 2) TDR Bonus Credits. 3) A 0.5 unit bonus for each unit that is providedfor lower income residents and for entry level and workforce buyers beyond that required in paragraph G)2.. below. 4) A density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native vegetation Words underlined are added; words struck through are deleted. Words double underlined in 44 red are added; words double 19tr"'GI~ threl,l!i!j1'1 in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 *** preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. 5) A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2.5(6)b.:. of the CCME. *** *** *** *** *** *** *** *** *** *** *** G) As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the following shall be addressed: 1. Rural Village, Village Center and neighborhood design guidelines and development standards. *** *** *** *** *** *** *** *** *** *** *** · Interconnection between the Rural Village and adjacent abutting developments shall be encouraged. 2. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: · A mixture of housing types, including single-family attached and detached, as well as multi-family. A minimum of 0.2 units per acre shall be affordable-workforce housine orovided for those earnina less than or eaual to 100% of the median household income for Collier County. of which at least 0.1 units {Jer acre shall be affordable-workforce housine orovided for those earning less than or eaual to 80% of the median household income for Collier CounG'.,. Proiects orovidinQ affordable-workforce hHousing bevond the reauired minimum number that is tJr€lvided f~r Iw.rer in€€Ime relllidents and wr entry le','el and v:€Irhforee bUj'HS shall receive a credit of 0.5 units for each unit constructed beyond the required minimum number. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determining the rental and fee-simple market rates that will qualify for such a credit, and a system for tracking such credits. 4. Exemptions from the Rural Fringe Mixed Use District Development Standards: [No changes to text, pages 69,70] c. Rural - Industrial District: [Remove hyphen from title, revise text, page 70] The Rural - Industrial District, which encompasses approximately 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subject to the Interim Development Pro';isions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are Words underlined are added; words struck through are deleted. Words double underlined in 45 red are added; words double 8trlol@l~ throbl~h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Transportation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: D. Rural - Settlement Area District: [Remove hyphen from title, revise text, page 70] This District consists of Sections 13, 14,23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is encompassed by the commonly known as Orangetree PUD and Orange Blossom Ranch PUD. Refer to the Golden Gate Area Master Plan for allowable permitted uses and standards. III. ESTATES DESIGNATION: [No changes to text, page 71] IV. CONSERVATION DESIGNATION: [No changes to text, pages 71, 72] V. OVERLAYS AND SPECIAL FEATURES: [No changes to heading, page 73] A. Area of Critical State Concern Overlay: [Revised text, pages 73, 74, 75] The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, AgriculturallRural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). The ACSC regulations notwithstanding. there is an existing Development Agreement between Port of the Islands. Inc. and the State of Florida Department of Community Affairs. approved in July 1985, which regulates land uses in the Port of the Islands Urban area; and, there is an Agreement between the Board of County Commissioners and the Florida Department of Community Affairs. approved in April 2005, pertaining to development in Plantation Island. Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Words underlined are added; words struok through are deleted. Words double underlined in 46 red are added; words double strl,lsh tlilr@"'QR in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: B. North Belle Meade Overlay: 77,78,79,80] [No changes to text, pages 75, 76, Planning Considerations d. Red Cockaded Woodpeckers (RCW) *RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands sbaH be mapped aRd protected from land use activities \vithin SEmdiflg Lands, and Section 24 desigflated Ne1:ltral Lands. .^..ltbough RCW Resting and foraging habitat shall be mapped within all Seflding areas within the NBM Overlay, tbis shall be accomplished by a study specific to Section 24 oOflducted by Collier County within one year of the effecti';e date of the NBM O';erlay. Within Section 2~, the Nel.:ltraJ designatioR may be adjusted based upon the fiRdings of the updated RCW Resting and fDFaging habitat stl.:ldy. C. Natural Resource Protection Area Overlay: [No changes to text, pages 80, 81] D. Rural Lands Stewardship Area Overlay: [Revised text, as noted below] Policy 1.15 [Revised text, page 85] Land becomes designated as an SRA upon the adoption of a resolution by the Collier County Board of County Commissioners (BCC) approving the petition by the property owner seeking such designation. Any change in the residential density or non-residential intensity of land use on a parcel of land located within a SRA shall be specified in the resolution reflecting the total number of transferable Credits assigned to the parcel of land. Density and intensity within the RLSA or within an SRA shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the Affordable-workforce Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. Policy 4.7 [Revised text, page 93] There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and 01-5.006(5)(1). The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the Words underlined are added; words struck through are deleted. Words double underlined in 47 red are added; words double 8tn~sl{ through in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 affordable-workforce housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. In Towns and Villages. a minimum of 0.2 units per acre of the base residential density shall be affordable- workforce housinl! orovided for those earn in!:! less than or equal to 100% of the median household income for Collier County. of which at least 0.1 units per acre shall be affordable-workforce housinl! orovided for those earnin!:! less than or equal to 80% of the median household income for Collier County. Policy 4.7.1 [Revised text, page 94] Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. A minimum of 0.2 units per acre of the base residential density shall be affordable-workforce housinl! orovided for those earning less than or equal to lOor+ of the median household income for Collier County. of which at least 0.1 units per acre shall be affordable-workforce housinl! provided for those earninQ: less than or eaual to 80c;;) Q[Jb~II1~,-!!t12Q_lJ~iLi!l~e for Collier County. Towns have urban level services and infrastructure wffieh that support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjac0flt to abutting each other to allow for the sharing of recreational facilities. Design criteria for Towns shall be included in the LDC Stewardship District. Towns shall not be located within the ACSC. Policy 4.7.2 [Revised text, page 94] Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. A minimum of 0.2 units per acre of the base residential density shall be affordable-workforce housinl! provided JO}" th()se earnif!gIessthan or eaua110 IO~)% of themedian J10usehqld income Words underlined are added; words struck through are deleted. Words double underlined in 48 red are added; words double struGI( through in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 for Collier Countv. of which at least 0.1 units per acre shall be affordable-workforce housiml orovided for those earnin~ less than or equal to 80% of the median household income for Collier County:.. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to abutting each other to allow for the sharing of recreational facilities. Design criteria for Villages shall be included in the LDC Stewardship District. Policy 4.16 [Revised text, pages 97 -98] A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the form of SRA development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure necessary to serve the SRA at build-out must be demonstrated during the SRA designation process. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding one hundred (1001 acres in size. and may be required in CRDs that are one hundred (100) acres or less in size. depending upon the permitted uses approved within the CRD. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, the Immokalee Water Sewer Service District, Collier County, or other governmental entity. Innovative alternative water and wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until services from a centralized/decentralized community system are available. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. Policy 4.18 [Revised text, page 98] The SRA will be planned and designed to be fiscally neutral or positive to Collier County at the horizon year based on a costlbenefit fiscal impact analysis model acceptable to or as may be adopted by the County. The BCC may grant exceptions to this policy to accommodate affordable-workforce housing, as it deems appropriate. Techniques that may promote fiscal neutrality such as Community Development Districts, and other Words underlined are added; words strl:lGk through are deleted. Words double underlined in 49 red are added; words double 8truol~ tRf8"'!3h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 special districts, shall be encouraged:- At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools. Development phasing, developer contributions and mitigation, and other public/private partnerships shall address any potential adverse impacts to adopted levels of service standards. Policy 5.6[Revised text, page 102, 103, 104] *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 3.e. The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50-foot vegetated upland buffer adjacent to abutting a natural water body, and for other wetlands a minimum 25-foot vegetated upland buffer adjaccnt to abutting to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to abutting wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 3.f.ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to abutting the impacted wetland. E. Airport Noise Area Overlay: [No changes to text, page 105] F. Bayshore/Gateway Triangle Redevelopment Overlay: 105 - 108] *** *** *** *** *** *** *** *** *** [Revise text, pages *** *** *** 4. Properties with access to US-41 East are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #~ 9, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay. adopted February 28, 2006 (Ordinance No. 2006- ) te----l3e approved by the Board of County Commissioners at a later time. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties with access to Bayshore Drive, as identified in the Bayshore Drive Mixed Use Zoning Overlay District, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the property must meet the specific development standards that 'Jlill apply to Words underlined are added; words struck through are deleted. Words double underlined in 50 red are added; words double str"'€lk tA~el,l~h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 residefltial and mixed use development along the Eayshore Drive corridor, and proiect must be integrated into a mixed-use development with access to existing neighborhoods and adioining commercial properties and must comply with the standards identified in Paragraph #~9, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 6. The Eayshore Drive ZOfling Overlay 'Hill be de'ieloped aad adopted into the Lafld Deyelopment Code ifl the preseflt or next available amendment cycle. Expaflsion of existing commercial zoning bOl:lfldaries along Bayshore Dri'ie within the Eayshore Drive Mixed Use Zoning Overlay District will not be allowed until the zoniflg overlay is in place. Non commercially zoned properties within the Bayshore Driye Mixed Use Zoning Overlay District may be eligible for in fill, low intensity commercial development pro'lided they meet the criteria listed below. a. If one par-cel in the proposed project abl:lts commercial zoning on one side, the commercial zOfling may be applied for the entire project site. The following requirements must be met: joint access and/or yehinllar interconnection; pcdestrian interconnection; and the entire project site must comply ':lith Division 2.8 of the Land Developmeflt Code, as may be modified by the Eayshore Drive Mixed Use ZOfling Overlay. b. The depth of a par-cel for 'which commercial zoning is sought may exceed the depth of the abuttiflg commercially zOfled property. i\deql:late bl:lffers must be provided between the commercial uses and nOfl commercial uses and non commercial zoning. c. The project must be compatible '.'lith existing lafld uses and permitted future land uses on surrounding properties. +~. For pParcels currently within the boundaries of Mixed Use Activity Center #16.. land uses will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. &1. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 9~. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and #5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following standards: a. Buildings containing only commercial uses are limited to a maximum height of three stories. b. Buildings containing only residential uses are limited to a maximum height of three stories except such buildings are allowed a maximum height of four stories if said residential buildings are located in close proximity to US-41. Words underlined are added; words struck through are deleted. Words double underlined in 51 red are added; words double &tf"'8k tlilrEll,l!ilA in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 c. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels/motels will be limited to a maximum height of four stories. e. For purposes of this Overlay, each building story may be up to 14 feet of building in height shall be considered one story for the first floor only. f. For mixed-use buildings, commercial uses are permitted on the first two stories only. g. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. h. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a -g. W2.. For all properties outside of the Coastal High Hazard ,'\rea, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However. I<for properties within the Coastal High Hazard Area (CHHA), only the affordable housing said density bonuses,.--as- pro'iided in the Density Ratiflg System, shall be limited to one dwelling unit per acre is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. -1-!-1O. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above.1 for that portion of the Overlay lying within the CHHA only. , except that 156 dwelliFlg units with direct access to US 11 East shall not be counted towards this 388 dwelling unit limitation. These This 388 dwelling units density bonus pool correspond~ with the number of dwelling units previously entitled to to be rezoned from the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. , as provided for below, resulting in a shift of d':;elling units within the CHH,'\. There is no such density bonus limitation for that portion of the Overlay lyiflg outside of the CHH,^~. -l-2-11. The Botanical Garden, Inc. properties located in Section 23, Township 50 South.1 afl:d Range 25 East.1 and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 13. Vlithin one year of the effective date of this amondment establishing the Bayshore/Gatev;ay Triangle Redevelopment Ovorlay, the properties to be developed '.vith a botanical garden or other non residential use, '.vill be rezoned from the present 388 residential zoning districts to a non residential zoning district(s). No portion of the dv.elling unit density bonl:lses '.vithifl the CHH,'\ can be utilized ufltil a corresponding number of dwelling units has been rezoned from the botanical gardens site(s), as provided for above. G. Urban-Rural Fringe Transition Zone Overlay: [No changes to text, pages 108 - 110] Words underlined are added; words Gtrucl< through are deleted. Words double underlined in 52 red are added; words double Eitr"'sl~ tAfEll,l!i!jA in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** I ndicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 H. Coastal Hie:h Hazard Area: - [New text, page 110] Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is depicted on the Future Land Use Map: all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development parks and subdivisions shall not be allowed within the CHHA. The Density Rating System limits density within the CHHA to a maximum of 4 dwelling units per gross acre. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA. ATTACHMENTS [New text, page 110] There are three Attachments to the Future Land Use Element. all pertaining to the Rural Lands Stewardship Area (RLSA) Overlay. as follows: 1. Attachment A. Collier County Rural Lands Stewardship Overlay. Stewardship Credit Worksheet. 2. Attachment B. Collier County Rural Lands Stewardship Overlay. Land Use Matrix. 3. Attachment C. Collier County RLSA Overlay. Stewardship Receiving Area Characteristics. FUTURE LAND USE MAP SERIES [Revise text, and re-Iocate maps within FLUE text, page 111 and throughout FLUE document] Add the names of all maps presently located throughout the FLUE text, modify the order on this map list, and re-Iocate all FLUM maps presently interspersed throughout the text to follow the text so that the complete FLUM series is located together at the end of the FLUE document. Future Land Use Map Mixed Use & Interchange Activity Centers Maps Properties Consistent by Policy (5.9, 5.10, 5.11) Maps Collier Countv Natural Resourees Wetlands Map Collier County Wellhead Protection Areas Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Map Existing Sites for Future Public Educational Plants and Ancillary Plants Map Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve - Conservation Designation Map Words underlined are added; words struck through are deleted. Words double underlined in 53 red are added; words double etFl,lsh tRF@l,l~R in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 Lely Mitigation Park - Conservation Designation Map Urban - Rural Frine:e Transition Zone Overlay Map Orane:e Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Davis Boulevard/County Barn Road Mixed Use Subdistrict GoodlettelPine Ridsze Commercial Inflll Subdistrict Henderson Creek Mixed-Use Subdistrict Bucklev Mixed-Use Subdistrict LivinszstonlPine Ridsze Commercial Infill Subdistrict Vanderbilt Beach Road Neiszhborhood Commercial Subdistrict Livinszston RoadlEatonwood Lane Commercial Infill Subdistrict Livinszston Road Commercial Infill Subdistrict MAP/ATTACHMENT CHANGES: 1. Countywide Future Land Use Map: a) Remove/delete Residential Density Bands from all Activity Centers - to correlate with changes to Density Rating System. b) Remove/delete Traffic Congestion Boundary - to correlate with changes to Density Rating System. c) Change Key Marco (Horr's Island) from Urban Coastal Fringe Subdistrict to Incorporated Areas (gold color) - to reflect its annexation into City of Marco Island. Similarly, change the surrounding islands within the city limits of Marco Island to gold color. d) Change the property at southeast corner of US-41 East and Sandpiper Street (Sandpiper Village PUD aIkIa Ruffina) from Urban Coastal Fringe Subdistrict to Incorporated Areas - to reflect its annexation into the City of Naples. e) Change color of Rural Industrial Subdistrict to dark gray - to distinguish from the lighter gray denoting Urban Industrial. n Chan~e Section 24. T49S. R26E from Neutral Lands to SendinQ Lands based UDon results of the red-cockaded woodoecker nestinQ and foraQing ll~'ilil_~Ly that \V_a~l1ired b-y the Overlay:. g) Add missing link of Livingston Road between Vanderbilt Beach Road and Immokalee Road. h) Delete "Naples-" in the label "Naples-Immokalee Road". i) New order of Subdistricts within Urban Mixed Use District: 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 1. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict Words underlined are added; words struck through are deleted. Words double underlined in 54 red are added; words double struclt through in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 8. Orange Blossom Mixed Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Davis Boulevard/County Barn Road Mixed Use Subdistrict 15. LivingstonlRadio Road Commercial Infm Subdistrict 16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict. j) New order of Subdistricts within Urban Commercial District: 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. LivingstonlPine Ridge Commercial Infm Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston RoadlEatonwood Lane Commercial Infm Subdistrict 7. Livingston Road Commercial Infm Subdistrict 8. Commercial Mixed Use Subdistrict 9. Livingston RoadlVeteran's Memorial Boulevard Commercial Infill Subdistrict 10. GoodlettelPine Ridge Commercial Infill Subdistrict. e) Add "Lands" to "Neutral" in map laeel legend so as to read "Neutral Lands". f) Modify FLUM Note as follows: (3) The ,'\reas of Enyironmental Concern Overla-y is a general representation of wetlands. t4)ill The Conservation Designation is subject to change as areas are acquired and may include out-parcels. The Future La-fld Use Map Series identifies areas proposed for public acql:lisition. ~8:l The Future Land Use Map Series includes numerous maps in addition to this countywide Future Land Use Map; these are listed at the end of the Future Land Use Element text the following: Mixed Use I Interchange ,^..ctiYity Centers; Properties Consistent By Policy and Collier County Wetlands. te1ill Refer to the Golden Gate Area Master Plan, and the Immokalee Area Master Plan and the Marco Island Master Plan for Future Land Use Maps of those communities. 2. Map FLUE-13 (Zoning Consistent by Policy): a) Revise to exclude properties within City of Marco Island. b) Correct San Marco Road from "S.R. 951" to C.R. 92". 3. North Belle Meade Overlay Map: Words underlined are added; words struck through are deleted. Words double underlined in 55 red are added; words double strl,lsl~ thro"'gh in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element 3-24-06 a) Change Section 24, T49S, R26E from Neutral Lands to Sending Lands based upon results of the red-cockaded woodpecker nesting and foraging habitat study that was required by the Overlay. b) Revise the legend to correct the spelling of "Receiving", and to add "Sending" to "NRP A" so as to read "NRP A Sending". 4. Bayshore/Gateway Triangle Redevelopment Overlay Map a) Revise the boundary to exclude the property at southeast corner of US-41 East and Sandpiper Street (Sandpiper Village PUD aIkIa Ruffina) as it has been annexed into the City of Naples. 5. Stewardshio Overlay Map a) Add aooroved Stewardshio Receiyin~ Area (Aye Maria Town). 6. Attachment C, Collier County RLSA Overlay, Stewardship Receiving Area Characteristics a) Revise to require provision of affordable and workforce housing in Towns and Villages. EAR-FLUE cCPC FinaI3.24-QS G: Comp, EAR Amendment Modifications, CCPC Final dw3.24-QS Words underlined are added; words struck through are deleted. Words double underlined in 56 red are added; words double Gtruol'C thmbJ@h in red are deleted - both since 2-23-06 version. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** T 48 S T 41 S ~ z .. ~ ~i .S~ > ~ i: ., ~ : h . p~ i ~i ~ , I!l ;:: i~ ~ ~"il ~ ~i~! ~ ~i ~ I ~ i ; ~ I ; ~: ~ :~ ~I ~I 'i ~ ! i 5 8 ~~ n ~ ~ i ~i ~~ !H! ~ O~DOnO! l~m.1 ~ I . ... .. i! " L ~ ~ " p" "" ~" " n ~ ! i~ ~ n~ ~ ~ " n i~ ~~ U ~m ~ ~ I~ · i ;~ ~i ~ im . ~ '" ~~ 11 .~ c. '" .0 ~ ~11 ~. ~~ ~o i ~g ~o . ,< Ii "Ij q .~. " ~~. ""1- ~n h ~dLU td ... ~~ .D~ DO i ! ~ ! ~ L ... ~ I' " .. @" ~ ~~ ~ ~ ,I ~ ~ ~i ! g !I ~ oi ~~ i HI ~ ~ ! I o! I O.!i2l ... ... .. N ... .. t? ~ i ~ ! ~ ~ ~ i = ;i ~ ~ it i ~ · ~ ~R ~ ~ ~ z!i~; = Cl ::> ~ ~ !!i;00~ i~ " ""~ ~ ~ to ~~" ~ !" i ; h ~ ; ~ ~ i; ~i ~ ~: i "g~ "~ ! i ~"~. ~~ ~i ~,~ ~ B ~ ,~~~11 !~: iU~~! i : ! ~!~~d l8' :~i~~~; ~ ~ i~~~ii ~n ~nL~ ~ a s ~im~ .~~ .Dl.~.~El.. ;:; .. c:> ... .. ... N .. co N .. 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'0 o ~I " o .~ ~ '" ~ ~ . o e '~ 01 g vi ~ ~ g ~ Hj~ c_ - g ~ ~ cjr--: <(.. ~.~ ~i N ~ Q5 [ a. ~- 8 :~ = ~ !.~ ~"O . e .2 ~'" ;.~ e ~ me - ~ 0'" N ~ ii o 0 ~~ ~ . e ~ Q ~ . - 0 ~ ,~;JJ ~ ~ ~'~ ~.~ 5l iii~~ -g 018: ~ e ~ . c iii (/) (/) 0 :::I Q) ~.~ ~:.~ ~ B ~I~ ~ ~ ~l~ g :g ~i ~ I ~ ~'j ~~]~~ "*<(4:~ o Gl a> Q>-iii ~ ~ ~~ ~ nUl ~~~~2 ~~ ~ ~ ~ u....c....o 9~~~~ ...... u 0 0) ll;I f; ~E.~ Q5 i 8 ~ -g ._ 'j -g :E g 5 l ~- .~ j ~ -3e..o8E ~~ ~ ~.~ : ~.~ ~ .~ ~!!! Q).c <( o>o~; t- ~ ~ i . ~ "0 . "0 o i:: * 0; "0 ~ ~ j . " ~ ~ ." o i:: ! " ~ ^ . " ~ o i ~ ~ ~ ~ Golden Gate Area Master Plan 3-23-06 Goal, Objectives and Policies Golden Gate Area Master Plan Element GOAL 1: [No change to text, page 5] OBJECTIVE 1.1: [No change to text, page 5] Policy 1.1.1: [Revised text, page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: +.A. URBAN - MIXED USE DISTRICT fr.- .L. Urban Residential Subdistrict fl:. 2. High Density Residential Subdistrict .1. Downtown Center Commercial Subdistrict ~. B. URBAN - COMMERCIAL DISTRICT fr.- .L. fl:. 2. c. d. e. f.. .1. ~ 4. h. t; 5. Activity Center Subdistrict Golden Gate Urban Commercial Infill Subdistrict Commercial Uader Criteria S\:lbdistrict Interchange j\ctivity Center Subdistrict Pine Ridge Road Mixed Use S\:lbdistrict Santa Barbara Commercial Subdistrict Golden Gate Parkway Professional Office Commercial Subdistrict DOVllltOWfl Center Commercial Subdistrict Collier Boulevard Commercial Subdistrict Policy 1.1.2: [Revised text, page 5] The ESTATES Future Land Use Designation shall include!! Future Land Use Districts and Subdistricts for: A. ESTATES - MIXED USE DISTRICT a-:.L. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict B. ESTATES - COMMERCIAL DISTRICT 411. Interchange Activity Center Subdistrict ~2. Pine Ridge Road Mixed Use Subdistrict 3J Randall Boulevard Commercial Subdistrict Words underlined are added; words 6truck through are deleted. Words double underlined in 1 red are added; words double 8truok through in red are deleted - both since 2-23-06 version. ,I, ****** ** **** *** ******** *+,**********.- ,..+**** * I ndicates break in text**'**Oc****+' ** ************,*'* -J-******** I< * ******** * *1< * k* *" Golden Gate Area Master Plan 3-23-06 4J Commercial Western Estates Infill Subdistrict +1.5. Golden Gate Estates Commercial Infill Subdistrict 2) Neighborhood Center S1:lbdistrict 5) Conditional Uses Subdistrict 6) Southern Golden Gate Estates Natural Reso1:lrce Protection .^..rea Overlay Policy 1.1.3: [Revised text, page 5.1] The AGRICULTURALIRURAL Future Land Use Designation shall include the following Future Land Use District: A. RURAL SETTLEMENT AREA DISTRICT Policy 1.1.4: [New text, page 7] Overlays and Special Features shall include: A. Southern Golden Gate Estates Natural Resource Protection Overlay Policy 1.1.4 ~: [Renumbered, revised text, page 7] Conditional Use requests within Golden Gate Estates shall adhere to the guidelines outlined in the Conditional Uses Subdistrict Description Section. Policy I.I.S 6: [Renumbered, revised text, page 7] To obtain Conditional Use approval. a super majority vote (minimum of 4 votes) requests shall be approved by the Board of Zoning Appeals County Commissioners shall be required by a S1:lper Majority ( 1/5 vote). Policy 1.1.6 Z: [Renumbered, page 7] Policy 1.1.+ ~: [Renumbered, revised text, page 7] The sites containing eXIstmg public educational plants and ancillary plants, ant the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary, within the GGAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.-14.12 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sectional 163.3177 (6) (h) and 163.31777, Florida Statutes, on May 15,2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.-14 li Words underlined are added; words strl:.lck through are deleted. Words double underlined in 2 red are added; words double otru€Jh. through in red are deleted - both since 2-23-06 version. -j *" k 1<*" *-~ ','- **r*/< *: * 11;'''.' ic* * I.- ** *,,;\- ><*~: '" *., "1<.'1<:* -J< "",'k. k" * 1 n d icates break in text*" A *** * * * "';, *-). * A k ,d" x* *** *,,* * * ******* * ***1<** ,d, 1<* 'H<**...... Golden Gate Area Master Plan 3-23-06 OBJECTIVE 1.2: [No change to text, page 7] Policy 1.2.1: [No change to text, page 7] Policy 1.2.2: [No change to text, page 7] Policy 1.2.3: [Revised text, page 7] Consistent with Florida Chapter 89-169. Florida Administrative Code. Law #89 169, the Florida Cities Water Compaay Governmental Utilities Authority or its successor shall provide updated water and sewer service data to the Collier County Utilities Di'iision Water & and Wastewater Authority on an annual basis. Policy 1.2.4: [Revised text, page 8] Due to the continued use of individual septic systems and private wells within a densely platted urban area, the Florida Cities v,'ater Company Governmental Utilities Authority, or its successor. is encouraged to expand their sewer and water service area to include all of that area known as Golden Gate City at the earliest possible time. OBJECTIVE 1.3: [Revised text, page 8] The County shall continue to protect and preserve the valuable natural resources within the Golden Gate ~ area in accordance with the Objectives and Policies contained within Goals 6 and 7 of the Collier County Conservation and Coastal Management Element. Policy 1.3.1: [Revised text, page 8] The Plaflfling Collier County Environmental Services En'/ironmental Reyiew staff Department shall coordinate its planning and permitting activities within the Golden Gate Area with all other applicable environmental planning. permitting and regulatory agencies units of local govemmeflts involved iR land l:lse activities, permittiag, and regulating to ensure that all Federal, State and local flatl:lral resource protection reg1:1lations are being enforced. OBJECTIVE 1.4: [Revised text, page 8] Through the enforcement of the Land Development Code and the housing and building codes. Collier County shall continue to P.12rovide a living environment within the Golden Gate Area, which is aesthetically acceptable and enhances the quality of life. Policy 1.4.1: [No change to text, page 8] GOAL 2: [No change to text, page 8] Words underlined are added; words struck through are deleted. Words double underlined in 3 red are added; words double 19trw.l~ t!;;trough in red are deleted - both since 2-23-06 version. k***'*** * *****-.1;**** ********** ** * **** 1<* *** * ~-**I ndicates break in textk*** "'* *j..-*-A-* ** t** ************ ** ********** *** i<* * * "'* ** I. A Golden Gate Area Master Plan 3-23-06 OBJECTIVE 2.1: [Revised text, page 8] Immediately upon the adoption of Objective ~ublic infrastructure improvements will be shall be handled guided by the following policies. Policies 2.1.1 through 2.1.4: [No change to text, page 8] OBJECTIVE 2.2: [No change to text, page 9] Policy 2.2.1: [No change to text, page 9] Policy 2.2.J~: [Renumbered, revised text, page 9] Immediately upon adoption of this policy, Collier County shall continue to implement a system for reviewing applications for development in SGGE, which will include the following two step procedure~: Step I: PFe RfJplieatioR PFoeedHFe: A. Notice to the DEP's Bureau of Land Acquisition of the application within 5 days of receipt;..:. B. Notice to the applicant of DEP's acqUISItion program, the lack of public infrastructure and the proposed restoration program for SGGE the area;..:. C. Within the notice of DEP's acquisition program, the applicant shall be encouraged to contact DEP's Bureau of Land Acquisition to determine and negotiate whether DEP intends to purchase the applicant's property at fair market value~.:. D. Prior to the processing of an application for development approval, (Step II) the applicant shall provide to the County proof of coordination with DEP. Upon execution of a contract for sale, the pre-application shall be placed in abeyance pending completion of the purchase by DEP7.:. Step II: LA...pplieRtioR Review PFoeeElHFe: E. The County shall review the environmental impacts of the application in order to minimize said impact~.:. F. The County shall apply Section 2.2.24.3.2 4.02.14, Development Standards and Regulations for ACSC-ST of the County's Unified Land Development Code or Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern", whichever is stricter-;--aft4;.:. Words underlined are added; words struck through are deleted. Words double underlined in 4 red are added; words double otruol~ through in red are deleted - both since 2-23-06 version. )..--1", k .'1-I<-}- ,-~'*k" *1<--** ** -k*** *' i<** ** '",k ~ k-lr~' ** 1< ,",I *~' -0; *1 ndlcates break in text**"'* hI *'"-~' .10. J.. ".***** <<** k kf: ~.** k**"****-*******,,*I<Ie)'1<*to., I. Golden Gate Area Master Plan 3-23-06 G. The County shall provide a maximum review and processing time of 180 days from the date of commencement of the pre--application procedure~ before any development permits are issued. GOAL 3: [No change to text, page 9] OBJECTIVE 3.1: [Revised text, page 10] The placement and designation of Neighborhood Centers within Golden Gate Estates shall meet the locational and rural design criteria, to be established as part of the Phase II Golden Gate Area Master Plan Restudy Amendmeflts, to be transmitted duriflg the 2003 Plafl. ,'\mefldfl10flt Cycle contained within the Estates Designation. Estates-Mixed Use District. Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element. of the Collier County Growth Management Plan. Policy 3.1.1: [Revised text, page 10] Neighborhood Centers within Golden Gate Estates shall be subject to the locational and rural design criteria established within the Estates Designation, Estates - Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element, of the Collier County Growth Management Plan. GOAL 4: [No change to text, page 10] OBJECTIVE 4.1: [Revised text, page 10] Development and redevelopment within Golden Gate City shall focus on the provision of residential and commercial land uses that meets- the needs of the surrounding area. Policies 4.1.1 through 4.1.3: [No change to text, page 10] GOAL 5, 6 and 7 and related policies: [No change to text, pages 11 - 15] BoLAND USE DESIGNATION DESCRIPTION SECTION [Remove numbering, no change to text, page 16] 1. URBAN DESIGNATION: URBAN MIXED USE DISTRICT AND URBAN COMMERCIAL DISTRICT [No change to text, page 16] fhA. Urban-Mixed Use District: [Re-Iettered, no change to text, page 17] It. Urban Residential Subdistrict: [Modify number, page 17] Words underlined are added; words struck through are deleted. Words double underlined in 5 red are added; words double otrtdol~ throl:Jgh in red are deleted - both since 2-23-06 version. ******************** *1<* * ***** ***** *-I<;k k**** ** I ndicates break in text'..**** **-~ **"*- /0. *"* 1--k"** 1<*"'...* * I< k **1<:* ***** ~- A-** I< *** *.Ir:*-** I\: *, ** * Golden Gate Area Master Plan 3-23-06 DENSITY RATING SYSTEM: [Revised text, pages 17 - 18] a) BASE DENSITY - Four (4) residential units per gross acre is the eligible density. though not an entitlement". e;(0e~t a:; :;et fortI'! hdl)'.'; for RDiJrtlable H'fJl\'..ffJru ,'wusing \vhich may be adjusted depending upon the characteristics of the project. In no case shall the maximum permitted density exceed 16 residential dwelling l:lllits per gross acre. 0) 'Niiain iae Ud~lm ~,1ix€d U~;e Ddri@t, all ~f0~ertie:; ::Ofled RJ];:: 1, 2, 3. Re:;ide!itial Ein;le Familj', for '.';hieh aH ttfliJrd.ahle H'fJ.~.,'if{;f!e8 ftfJu::ing ~f@jeet L pr0fleL€d aHd liflflfO';ed, iH aee0rdaH@e ..,,'ita SeetioH 2.0~.00 0f tae LUHEl De';€10pn~€nt C0de (OrdiHaHee 0'1 '11, a:; aHle!ided, adOflh:'ld JeHle 22, 200'1 alia eff-eeti';e Oeto0er 18, 2Q011, :;hall 130 permitted tae ~a:;e de!isitj' of f€wr (1) €I';;elli!i; "miL; fJer ';1'0;; aere ~) ri;fit; tRat i:;. a reZO!ie fltil3lie fiearin; :;fiall [wt l3e n~l1~ire€l. Stief] a rrojeet 1l1u;t eOrHfJri::e a m:r:anLun of teR llen'L. De19:;ity lleaie','e€ll3y ri;at shall Hot 0e eOIHBiHecl '.'.ltf] aen,;rtj aeain ea thl'0u;R the reZOR€ j'ltll3lie keari!i; flroee:;::. h~) DENSITY BONUSES - Densitv bonuses are discretlOnarv. not entitlements. and are deoendent uoon meeting. the criteria for each bonus orovision and coml?atibjlit v w~th.. surrounding orooenies. as well as the rezone criteria in tb,e Land DeveloQn1t;nt Code. The following densities per gross acre may be added to the base density~ .;. Il0',';e'.'er. tin no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. 1. Conversion of Commercial Zonine Bonus [Revised text, page 17] · 16 dwelling units - ltf #le @ project includes the. conversion of commercial zoning wffieh that has been found to be "Consistent By Policy" through the Collier County Zoning Re-evaluation Program (Ordinance No. 90-23), then is not located '.vithin an .^~ctivity Center or which is not consistent with adopted siting criteria for commercial land usc, a bonus of up to 16 ~hl,~ re:;i€le!itial units Q.er acre may be added for everyone ill acre of commercial zoning wffieh that is converted to residential zoning. These dwelling re.;rdentwl units may be distributed over the entire project. +he project must be compatible with surrounding land uses. H. Proximity to .-\etivity CeBter . 1ft dwelliBg BBits 3 ElwelliBg BBits 'Nithin an }~ctivity Center Within 1 mile of ;\ctivity Center . liiii. Affordable-workforce Housing Bonus, R',' Pu.blie Hearine as defined by the ;\ffordable Housing Density Bonus Ordinance (tt90 89 adopted November 22, 1990) [Revised text, page 17] Words underlined are added; words struck through are deleted. Words double underlined in 6 red are added; words double 8truck through in red are deleted - both since 2-23-06 version. ~ ** ~-****;, **'**** *** k** Jr*...** ". * **--A- ~-j,- ~- * * k***'* ~kl ndicates break in text!>.k * ; ~ 1<" A,I.- 1<...- I<!<- I< I< ** "'*** * * * ******* !do:-* ************Id. ** I< * Golden Gate Area Master Plan 3-23-06 . To encourage the provIsIOn of affordable-workforce housing within certain Districts and Subdistricts within the Urban Designated Area. a maximum of up to 8 residential units per gross acre may be added to the base density if the proiect meets the definitions and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code. Ordinance No. 04-41. as amended. adopted June 22. 2004 and effective October 18.2004 ). ill.: A.ff8rdttklB H'8rkffJIV!B H.sU8illf( RODDs. Rv Richt . TEl efH'J0luag:€) tke ~f@T,'i:;i0M 0f aff8MttMe H'8I'kfsNB lumgiJff( \'.'itkiM tHe UrBaM HiJ~ea Vse Ddri€t. ~f0~efties ZElMea RSF L :2. 3, 1. 5. €i. Re~;iaeMtial SiM;l€) Family aMa/Elf RMF €i. Resit'ieMtial MMlti Family. 10f ,'.'HieH aM ttff-3rtliikk H'fJrkf8ree Jr8NZil1f( flf€lieet is J3fO}'H::lSea iM aee0ft'iaM€e ?:itk H'l€ @efiniti0Ms aM@ re€!'Jifements 0f tHe .1.ff-sF,;1akle H'8Y.'lfsree H8Usillf( ])B1l8itv B8:W8 Oi'@iMaMee (SeetiElM 2.Q€i.OQ 0f tke LaMa Devel0fHfl€Mt Celae, OF@iMaM€e 01 11, as ameMae@, a~h)~te@ JMMe 22. 200'1 liM@ eUeetive O€tElser Ig, 2001). a maximum 0f }0Uf (1) resi€hmtialllMits per ;[0:;s Itere skall be addea tel tke l"la:;e aeM::it',' of 1 a?:elliMg: HMits J3er aere. THefef0l'€, tke maJcimMm @€msitj' tkat ma:,' Be a@hie':ea l"ly ri;ht ~;kall f10t €;~eeea ei;ht (8) a?;elliM; ~H'lits J3ef aei'€). SMek a ~r0ieet mM~;t e0filJ3ri:;e a miMimum. of ten aere:;. DeMsit), aekie..'ea BY ri;ht shall Melt Be eelmEJiMe€l ',';ith €leMsity ueHie';ea tk[0l1;h the reZOMe, fl:'lbli€ heltfiM; J3l'0eess. iv. ResideRtiallR fill if the project is 10 acres or less in size; located 'llithin an area with central public wat-er and sewer service; compatible with surrounding land l:lses; has no common site de'lelopment plan ':lith adjoining property; no common ownership with any adjacent parcels; and the parcel in question ",;as not created to take advantage of the in fill residential density. . 3, dwelliRg uRits .. Roadway .\eeess Density credits based on future road\>vays viill be a..../arded if the dC'ieloper commits to construct a POrtiOfl of the roadway (as determined by the County Transportation Services Di'lisiofl) or the road is sched1:lled for completion during the first five years of the Capital Improvement Schedule. . Add 1 dwelliRg uRit if direct access to tViO or more arterial or collector roads as identified iR the Traffic Circulation Element. Words underlined are added; words Gtruck through are deleted. Words double underlined in 7 red are added; words double 8trlolok throblgh in red are deleted - both since 2-23-06 version. ***************** I<: *** *-k****k** * k*** k*~******1 ndicates break in text'*********** -I.- ** ********* **.,.-****** *.~-* ** ***-****,*'**I<'k -.\-Id-A Golden Gate Area Master Plan 3-23-06 c) There are Density Bands located around Acti';ity Centers. The density band around an }.l.ctivity Center shall be measured by the radial distance from the center of the intersection around which the }..ctivity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the entire project. Density bands do not apply ':lithin the Estates Designation. 2t:. High Density Residential Subdistrict [Modify number, page 18] 3). C9Rlmereial URder CriteFia Subdistriet: [Delete text, page 21] \Vithin the Urban Mixed Use District certain in fill commercial de'/elopmeflt may be permitted. This shall only apply in areas already substantially zoned or developed for such uses. For afl)' project utilizing this Sl:lbdistrict, the folloy;ing criteria shall be met: · The subject parcel is bounded on both sides by improved commercial property or commercial zoning consistent vlith the Golden Gate .^..rea Master Plan; or, · The subject parcel is bounded on both sides by commercial property granted an cxemption or compatibility exception as provided for in the Zoning Re evall:lation Ordinance; aRd · The subject parcel is no more than 200 feet wide, unless otherwise approved by the Board of County Corrnnissioners. · Uses that meet the intent of the C 1fT Commercial Professional and General Office Zoning District shall be bounded on one side by commercial zoning. 4~. Downtown Center Commercial Subdistrict: [Relocated, revised text, from page 29] The primary purpose of the Downtown Center Commercial Subdistrict (see Map 17) is to encourage redevelopment along Golden Gate Parkway in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas, such as outdoor dining areas and pocket parks that do not impede the flow of traffic along Golden Gate Parkway. Also. emphasis shall be placed on the construction of mixed-use buildings. Residential dwelling: units constructed in this Subdistrict are intended to promote resident-business ownership for employees ',vho Ylork within Golden Gate City or Golden Gate Estates, retirees, and seasonal residents. The provisions of this Subdistrict are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that are compatible with residential development within and outside of the Subdistrict. Words underlined are added; words struck through are deleted. Words double underlined in 8 red are added; words double 8trucl~ through in red are deleted - both since 2-23-06 version. Ie *"* I< '.* '" ****** **** **** *' ~ ** *,...... * '* Ide..-* -k*.* * ,,-** *-* I nd icates break in text ~-.'< *' I<: I< ~ *( * -1<" ,. ** * * * * I< I< 1o" I< * I< * ** -<: *" ***** * ** ** ** Ie: I< jc~ *,,' ~- "", Golden Gate Area Master Plan 3-23-06 The Subdistrict allows the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this Subdistrict are low intensity retail. office. personal services. institutional. and residential. Non-residential development is intended to serve the needs of residents within the Subdistrict. surrounding neighborhoods. and passersby. To reduce potential conflicts that may result from residential. commercial and institutional uses in close proximity to one another. existing. non-owner-occupied residential units with frontage on Golden Gate Parkway shall cease to exist no later than seven (7) years after the effective date of the adoption of this Subdistrict. This regulation does not require the removal of residential units located on Golden Gate Parkway that are converted to uses permitted in this Subdistrict within one additional year: nor does this Subdistrict require the removal of residential units located elsewhere in this Subdistrict. A. All development or redevelopment within the boundaries of the Downtown Center Commercial Subdistrict shall include: 1. Provisions for bicycle and pedestrian travel. 2. An emphasis on building aesthetics. 3. Emphasis on the orderly circulation of vehicular. bicycle and pedestrian traffic. 4. Provision for broad sidewalks or pathways. 5. Enhanced streetscaping. 6. Project interconnections. where possible and feasible. 7. Quality designs for building fa<;ades. including lighting. uniform signage and landscaping. B. Permitted uses within this Subdistrict shall include only the following. except as may be restricted in an implementing zoning overlay district. and except as may be prohibited in Paragraph D. below: 1. Those uses permitted by right within the C-l, C-2 and C-3 Zoning Districts. as outlined in the Collier County Land Development Code (LDC) in effect on the date of adoption of this Subdistrict in the GGAMP: and. 2. Residential uses permitted by right in the existing residential zoning districts in this Subdistrict. 3. Those permitted uses that may be allowed in an implementing zoning overlay district. C. Conditional uses allowed by this Subdistrict shall include only: 1. Those conditional uses allowed within the C-l, C-2 and C-3 Zoning Districts. as outlined in the LDC in effect on the date of adoption of this Subdistrict in the GGAMP: Words underlined are added; words struck through are deleted. Words double underlined in 9 red are added; words double Qtnl€ll~ through in red are deleted - both since 2-23-06 version. ******* *'10:**** ** *** ***k* k'*********** * -1<-** **~, ** Indicates break in text*********'" ** ** I< ****** *** ****** **-1--** **'1<* *****-A- *** * I< k* ~ Golden Gate Area Master Plan 3-23-06 2. Those conditional uses allowed. by the LDC in effect on the date of adoption of this Subdistrict in the GGAMP. within existing residential Zoning Districts in this Subdistrict; 3. Those conditional uses that may be allowed in an implementing zoning overlay district: and. 4. Outdoor dining areas not directly abutting the Golden Gate Parkway right- of-way. D. Prohibited uses in this Subdistrict are as follows: 1. Automatic food and drink vending machines located exterior to a building. 2. Any commercial use employing drive-up, drive-in or drive-through delivery of goods or services. 3. Enameling. painting or plating as a primary use. However. these uses are permitted if secondary to an artist's or craft studio. 4. Single-room occupancy hotels. prisons. detention facilities. halfway houses. soup kitchens or homeless shelters. 5. Uses as may be prohibited in an implementing zoning overlay district. E. For multi-story buildings: 1. Retail. personal service. and institutional uses are allowed on the first floor; 2. All uses allowed bv this Subdistrict. except restaurants and cocktail lounges. are allowed on the second floor; and. 3. Only residential uses are allowed on the third floor. F. All development and redevelopment on property abutting Golden Gate Parkway shall have a zero (0) feet front yard setback requirement. G. Parking regulations shall be as follows: 1. A minimum of three (3) public parking spaces for each 1.000 square feet of commercial floor area. 2. A minimum of 1 Y2 parking spaces for each residential unit. 3. No parking is allowed in the front yard lllllots__abutlir!g GQlci~Lili!~ E~~ 4. There shall be no parking requirement for outdoor restaurant seating areas. 5. Shared parking is required. where possible and feasible. B. Urban Commercial Districts [Revised, relocated text, from page 18-31] H. Mixed Use Activitv Center Subdistrict [Revised text, page 18] Words underlined are added; words struck through are deleted. Words double underlined in 10 red are added; words double s#uel, through in red are deleted - both since 2-23-06 version. ;, '*ic*- .k." *'* *.**... I<: 1<:'** k ~ "..,** ~ )d. '* ktJo '* ......; k;. 10 j.,;': ~ ir ". *1 ndicates break in text":* '"'* >:".- !'1<kr* -j.." <;jd. ',,-k* k.,.--I.*k*****",,**><* ** ,,-rd:1< ** *A*" *"'. A loA Golden Gate Area Master Plan 3-23-06 The Activity Center designated on the Future Land Use Map is intended to accommodate commercial zoning within the Urban Designated Area. Activity Centers are intended to be mixed-use (commercial, residential, institutional) in character. The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The size and configuration of the Activity Center is outlined on Map 4. The standard for intensity of commercial uses allowed within each Activity Center is that the full array of commercial uses allowed in the C-l through C-5 Zoning Districts as identified in the Land Development Code (Ordinance No. 04-41. adoDted June 22. 2004 and effective October 18. 2004 Lmay be allo'.ved. Hotels and motels that locate within an Activity Center will be allowed to develop at a density consistent with the Land Development Code ZOfling Ordinance. ,^.JI new residential zoning shall be consistent with the Deflsity Rating System. Residential density for residential projects located within the boundaries of the Mixed Use Activity Center shall be allowed to develop at a density of up to 16 residential units per gross acre. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. +2.). Golden Gate Urban Commercial Infill Subdistrict [No change to text, page 21] 3) Cammereial UDder Criteria Subdistriet [Deleted text, page 21] 'Nithin the Urban Mixed Use District certaifl in fill commercial development may be permitted. This shall only apply in areas already sHbstantially zoned or developed for such l:lses. The follo'.ving standards, \','hich limit the intensity of l:lses, must be met: a) The sHbject parcel must: . Must be bOl:lflded on both sides by improved commercial property or commercial zoning consistent with the Golden Gate A.rea Master Plan; or, . Ml:lst be bounded on both sides by commercial property granted an exemption or compatibility exception as provided for in the Zofliflg Re evaluation Ordinance; . Should not exceed 200 feet ifl width, although the width may be greater at the discretion of the Board of County Commissioners. Uses that meet the intent of the C lIT Commercial ProfessionallTraflsitional District are only reql:lired to be bouflded Ofl one side by improved commercial property or consistent commercial zoning or commercial property granted an exemption or compatibility exception as provided in the Zoning Re evaluation Ordinance. Words underlined are added; words struck through are deleted. Words double underlined in 11 red are added; words double GtnH;k thrsl;l@lh in red are deleted - both since 2-23-06 version. k** ********** ***k * I< '" *********** *** I< *'"* ****** I nd icates break in text* **** * ** ** k *** ***** *** ************************* *'il: '" * I< I< Golden Gate Area Master Plan 3-23-06 4) IBteFekaBge }-aetivity CeBteF SululistFiet [Relocated to Estates Designation, Estates - Mixed Use District, Residential Estates Subdistrict, page 23] On the fringes of the Golden Gate }..rea Master Plan boundaries, there are several parcels that ar-e located within the Interehangc ,A..cti'/ity Center # 10 at I 75 and Pine Ridge Road as detailed ifl the COUflty '.vide Future Land Use Element (FLUE). Parcels withifl this :\ctivity Center are subject to the County wide FLUE and not this Master Plafl. See Map 6 for a detailed map of this }..ctiyity Center. 5) Piae Ridge Road Mixed Use SHIJElistFiet [Relocated to Estates Designation, Estates - Mixed Use District, Estates - Commercial Subdistrict, page 23] ,A..djacent to Interchange .\ctivity Center #10 on the '.vest side of I 75 and on the north side of Pine Ridge Road is a property comprising 16.23 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use Subdistrict and consists of Tracts 1, 12, 13 and 28 of Golden Gate Estates, Uflit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The intent of the Pifle Ridge Road Mixed Use Subdistrict is to proyide for a mix of both retail and office uses to provide for shopping, and personal services for the surrouflding residefltia-l areas '....ithin a con','enient travel distance, and to pro','ide commercial services in an acceptable manRer along a collector roadway, Livingston Road. '.Yell planned access points ':lill be used to improye current and future traffic flo'.vs in the area. \Vithin this Subdistrict no more than 35,000 square feet of office related uses on j).2 acres are permitted withifl the eastern portion of this property ',vhich includes a portion of Tract 28 and a portion of Tract 13. ,\ maximum of 80,000 square feet of gross leaseable retail or office area, as allo'.ved in the Commercial Intermediate District (C 3) of the Collier County Lafld De'lelopment Code as of the effective date of the adoptiofl of this Subdistrict [Ordinance No. 03 01, adopted January 16, 2003], are permitted withifl the western 10.52 acres of this property. The C 3 uses are not an entitlement. Such uses v,'ill be further evaluated at the time of rezoning approyal to insure appropriateness in relationship to surrounding properties. Building heights shall be limited to 35 feet. ,,\ rezone to such permitted principal l:lses shall bc eflcouraged to be submitted as a Planned Uflit Deyelopment for the western 10.52 acres of the subject property, with special attention to be proyided for shared access. '.Vater management, uniform landscaping, signage, screening and buffering will be provided at the time of rezoning to ensure compatibility with nearby residential areas, and subject to the follo'.ving additional criteria: . There shall be no access onto Livingston \Voods Lane. · There shall be a minimum setback area along the north property line of 75 feet. · Driveway access, parldng and water management facilities may be allowed within the 75' setback area along the north property line but none of these uses shall be located closer than 30 feet to the north property lifle. Words underlined are added; words struck through are deleted. Words double underlined in 12 red are added; words double otrlJok throlJgh in red are deleted - both since 2-23-06 version. ~.******1r*********** **"'*;. ***~*-tr,k ie-k" +. *.. ...Jo:-"'* * **1 ndicates break in text" "".--,.,-**" ,k" *"''' *"'*1<** ** "Ie" *** "'" 1<...* *********** ~ ***** *,..-*"* Golden Gate Area Master Plan 3-23-06 . No freestaflding automobile parking lots, homeless shelters or soup kitchens shall be permitt-ed. . The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as '.vetlaflds and no development may occur within this area. . \Vithin the \vestern 10.52 acres, a loop road/easement ,,;ill be constructed through the property to provide access from Piae Ridge Road to Li'lingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this S1.:lbdistrict. lt3t. Santa Barbara Commercial Subdistrict [Renumbered, text, page 25] +4.). Golden Gate Parkwav Professional Office Commercial Subdistrict [Renumbered, page 27] 8) D9wRoowR CeRter C9fRfRereial Suhdistriet [Relocated to Urban Designation, Urban Mixed Use District, pages 29 - 31] The primary p1.:lrpose of the Downtown Center Commercial Subdistrict (see Map 17) is to encourage redevelopment along Golden Gate Parkway in order to improve the physical appearance of the area and create a viable downtown district for the resiooflts of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian oriented areas, such as outdoor dining areas and pocket parks, ':Ihich do not impede the flow of traffic along Goldefl Gatc Parkv/ay. ,,'>-lso, emphasis shall be placed on the construction of mixed use buildings. Residential dwelling units constructed in this Subdistrict are intended for employees v..ho work within Golden Gate City or Golden Gate Estates, retirees, and seasoaal residents. The provisioflS of this Subdistrict are intended to cnsure harmonious development of commercial aad mixed use buildiflgs at a pedestrian scale that are compatible with residential development within afld outside of the Subdistrict. The Subdistrict allo'.vs the aggregation of properties in order to promote flexibility ifl site design. The types of uses permitted within this Subdistrict are 10':1 intensity retail, office, personal services, institl:ltioflal, and residential. Non residential de'lelopment is ifltended to serye the needs of residents within the Subdistrict, surrounding neighborhoods, and passersby. To reduce potential conflicts that may result from residential, commerdal and institutional uses in close proximity to one another, existing, non owner occupied residential units located along Goldcn Gate Parkway shall cease to exist no later than se'/efl (7) years after the effectiyc date of the adoption of this Subdistrict. This regulatiofl does not require the removal of residential units located Ofl Goldefl Gate Parkway that are converted to l:lses permitted in this Subdistrict within one additional year; nor docs this Subdistrict require the removal of residentiall:lflits located elsewherc in this Subdistrict. "Within one year of the effective date of this Subdistrict, the Land Development Code shall be amended to establish a zoning overlay contaifling regulations to implement this Sl:lbdistrict: Words underlined are added; words struck through are deleted. Words double underlined in 13 red are added; words double 8truek threElgh in red are deleted - both since 2-23-06 version. ******** ********** Ir* k** I< *-1.** k *** ********* I< **1 ndicates break in text* **** * k'*** ********* **-*************** ** ** *** * **** * k* *-)< Golden Gate Area Master Plan 3-23-06 A .I.. 1. ..\II development or rede'/elopment '.vithin the boundaries of the Downtovlll Center Commercial Subdistrict shall include: B. 1. Provisions for bicycle and pedestrian travel. 2. LA~n emphasis on building aesthetics. 3. Emphasis 01'1 the orderly circl:llation of vehicular, bicycle and pedestrian traffic . 4. Provision for broad sidewalks or pathways. 5. Enhanced streetscaping. 6. Project interconnections, where possible and feasible. 7. Quality designs for building facades, incll:1ding ligflting, uniform signage and landscaping. Perm:itted l:lses within this Subdistrict shall include only the following, except as may be restricted in an implementing zOfling overlay district, and except as may be prohibited in paragraph D, bolo':/: 1. Those uses permitted by right within the C 1, C 2 and C 3 zoning districts, as outlined in the Collier County Land De'lolopment Code (LDC); and, 2. Residential uses permitted by right in the existing residefltial zoning districts in this Subdistrict. 3. Those permitted uses that may be allov:ed in an implementing zoning o','erlay district. C. Conditional uses allowed by this Subdistrict shall include only: 1. Those conditional uses allowed ':lithin the C 1, C 2 and C 3 zonlflg districts, as outlined in the LDC; 2. Those conditional uses allowed within existing residential zoning districts in this Subdistrict; 3. Those cOflditional l:1ses that may be allo'.ved in an implementing zoniflg overlay district; and, 4. Outdoor dining areas not directly abutting the Golden Gate Parkway right of v,'ay. D. Prohibited uses in this Subdistrict are as follO'.vs: 1. i\utomatic food and driflk vending machines located exterior to a bl:lildiflg. 2. /\ny commercial use employing drive up, dri'/e in or drive through delivery of goods or services. 3. Enameliflg, painting or plating as a primary use. HO':lever, these uses arc permitted if secondary to an artist's or craft studio. Words underlined are added; words struck through are deleted. Words double underlined in 14 red are added; words double otrbJ@l~ through in red are deleted - both since 2-23-06 version. ;r"d:*, ****** ,,**** 10:** -1<.*-1<** .-*"'* ~..- *",,,- /.- **-y.. jr*-~;\"", * 1<:1 ndicates t)reak I n text! *" *- ~ *' "*" ~"I<"'ex /; **;., *-" * *,' *- ** -~ *,,* ***** *****-"Io;J.-J."******** 'd. Golden Gate Area Master Plan 3-23-06 4. Single room occupancy hotels, prisOlis, detention facilities, halfway houses, soup kitchens or homeless shelters. 5. Uses as may be prohibited in an implementing zoning overlay district. E. For multi story buildings: 1. Only retail, personal service, and institutional uses are allo'l,'ed on the first fIeert 2. .i\.ll uses allowed by this Subdistrict, except restoorants and cocktail lounges, are allowed on the second floor; and, 3. aBly residential uses are allowed Ofl the third floor. F. .^.JI deyelopment and redevelopmeflt Ofl property abutting Golden Gate Parkway shall have a zero (0) feet front yard setback requirement. G. Parking regulations shall be as follows: 1. .Ai minimum of three (3) public parking spaces for each 1,000 sql:lare feet of commercial floor area. 2. A miBilIH:lm of 1 % parkiflg spaces for each residential unit. 3. No parking is allowed in the front yard. 1. There shall be no parking requirement for outdoor restauraflt seating areas. 5. Shared parking is required, v.'here possible and feasible. H. Outdoor resta1:lrant seatiflg shall be permitted to eBcroach upon a p\:lblic sidewalk pro'/ided that a minimum 5 feet clearance remains between the seating area and the streetward edge of the sidev,alk. 95-+. Collier Boulevard Commercial Subdistrict [Renumbered, page 31] 2. ESTATES DESIGNATION [Revised text, page 32] This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres. or one unit per legal non-conforming lot of record. exclusive of g:uesthouses. Intensifying residential density shall not be permitted. Multiple family dwelling units, duplexes. and other structures containing two or more principal dwellings. are prohibited in all Districts and Subdistricts in this Designation. V.Titliift all Distriets I'm@. SM8€iistriets that a1l0':: residential €i0':eI0flm€llt, a guest li@Mse is allWl:ea a:; aft a0€e:;S0rj' use ill ae00raaftee ?:ith Seetioft 5.03.03 Elf tRe Lan€! De. eIEl~m€nt CEl€!€ (Or€!il'ianee I>J@. @1ll, a€!o~t€€! !MI'i€ 2''', 2001 an€! e1'feeti'. IS Oetoller 1 E, 2@(1), a:; amen€!e€!, e::ee~t that the ;;Meut REm:)e ma:, be leased @r n:Hl.te€!. A€!diti@nall), the ~rineiflal €I':. ellifit; ma:, 13€ leases 01' refite€l as '::ell. Ufl€ler n@ eireUfilotaflee :jilall tilL rental all@':.an€e l3e €0n3tnw€l tEl al[w:, tb: fUltfter ::M13€1i':i;iElfi f'lf pr€lfl€rty belt,:. tfte mininmm 10t ::izc €lf '"\.25 a€n:.:. Words underlined are added; words struck through are deleted. Words double underlined in 15 red are added; words double 8truQI~ thr€ll:lgh in red are deleted - both since 2-23-06 version. *** ** ""* ;,-*********'**** * ********* *********** ** I ndicates break in text************** '" * *** ************** **-k*********** *"1< 1<1: * A Golden Gate Area Master Plan 3-23-06 a.A. Estates-Mixed Use District [No change to text, page 32] 1:t. Residential Estates Subdistrict [Revised text, page 32] Single-family residential development may be is allowed within the Estates Mixed Use District this Subdistrict at a maximum density of one unit per ~ 2.25 gross acres, or one unit per HRless the lot is eOBsidered a legal non-conforming lot of record. exclusive of guesthouses. 2J Neil!hborhood Center Subdistrict [Renumbered, relocated text, from page 32] · Immokalee Road and Everglades Boulevard Center [Revised and relocated text from page 33] The Hnmoka1ee Road and Eyerglades Bouleyard Ceflter is located in the S\V and SE quadraflts of the intersection (see Map 13ll) and the parcels lie east and sOl:lth of the Fire Station. The portion of the Center lying sOl:lth of the Fire Station is approximately 5.15 acres in size and cOflsists of the entirety of Tract 128, Unit 17. The southeast quadrant of the Centcr, lying cast of the Fire Station (east side of Everglades Boulevard), is approximately 4.05 acres in size and consists of Tracts 113 (1.05 acres) and 16, (5.15 acres) Unit 46. The Immokalee Road and Everglades Boulevard Center is located in the southwest and the southeast quadrants of the intersection. This Center consists of three Tracts: Tract 128. Unit 47, is 5.15 j;, acres and is located within the southwest quadrant of the Center, south of the fire station; and. Tracts 113 and 16. Unit 46. are 4.05 +acres and 5.15 j;; acres respectively. and are within the southeast quadrant of the Center, east of the fire station. c) Criteda for land uses at the (~enters are as follows: [Revised text, page 341 *******************************~:*********;~***;~************************** (9th bullet) · Projects shall provide a 25-foot wide landscape buffer abutting the external right- of-way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on centeL and a double row hedge at least 24 inches in height at time of planting and altaimng a rlllIllmUm of three feet height within one year. A minimum of 5017r, of the 25-toot WIde butler area shall be comprised of a meanderIng bed of shrubs and ground covers other than grass. Existing native trees musl he retained within thIS 25-1'001 wide buffer area to aid in achieving this buffer requIrement; othel eXll.,ting natIve vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in thi s bu ffer af@# ~~.the area isjf left in g natmaJ state and the water E1Jd11illnLdetention benefits the retained native ve~etation. ~ oo€i €iQrainage conveyance through the buffer area sha\] be allowed if necessary fOl_stormwater to reach an external ou(fall~ ,J,'lJoyided.thi:-, (.:unve~ Q~l~fi_L~.J.1~ retained. native yegeta~iull. Words underlined are added; words struok through are deleted. Words double underlined in 16 red are added; words double stWQI, through in red are deleted - both since 2-23-06 version. k*****...-****-I<*:/I.:A' ** * k:/l. *-" * ;.-"'* :A '" * id,.. ****.. 'i<* *** ** Indicates break in text*"~'~' ."~'''^ 'k ~ 1< -;.;~' ** ~ *-1< ;.;':/t.- **:/t.-... ***I>:*1<****-k***** *****;1<"",*-10:*:<, Golden Gate Area Master Plan 3-23-06 ************************************************************************ (Text located under 19th bullet) [Revised text, page 35] a. Water directed to this manal!ement area shall orovide a benefit to the native velletation beinl! preserved. Additional water directedJo this area shall not increase the annual hYdro period unless i~oven that such would be benefit the existinl! vel!etation. _There :;hall Js<Je R0 a~':erse imfJaeL; to the Rati':e ye.;etati0R l'JeiR; retaiRea. Tke aaaiti8Ral '::ater aifeetea to this area shall R€H iRerea:;e n~e aRRMal hyaf0 fJeri€la MRle:;:; it i:; fJrw,'eR tkat :JM@k ';:€lMla ka':@ R€l aa':erse imJ'laet to tfl@ ~mistiR; ye;etati0R. ~3. Conditional Uses Subdistrict [Renumbered, relocated text, from page 41] B. Estates - Commercial District [New text, page 43] 4t1. Interchane:e Activitv Center Subdistrict [Renumbered, relocated text, from page 23] On the fringes of the Golden Gate Area Master Plan boundaries. there are several parcels that are located within the Interchange Activity Center # 10 at 1-75 and Pine Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County-wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. ~2. Pine Ride:e Road Mixed Use Subdistrict [Renumbered, revised, relocated text, from page 23] This Subdistrict is adiacent to the northwest quadrant of Interchange Activity Center #10. west of the Naples Gateway PUD. and comprises 16.23 acres. It consists of Tracts 1. 12. 13 and 28 of Golden Gate Estates. Unit 35. as recorded in Plat Book 7. Page 85. of the Public Records of Collier County. The intent of the Pine Ridge Road Mixed Use Subdistrict is to allow for a mix of both retail and office uses to provide for shopping and personal services for the surrounding residential areas within a convenient travel distance and to provide commercial services appropriately located along a collector roadway. Livingston Road. Well-planned access points will be used to improve current and future traffic flows in the area. Within this Subdistrict no more than 35.000 square feet of office-related uses on +3.2 acres are permitted within the eastern portion of this property. which includes a portion of Tract 28 and a portion of Tract 13. A maximum of 80.000 square feet of gross leaseable retail or office area. as allowed in the Commercial Intermediate District (C-3) of the Collier County Land Development Code in effect as of the effective date of the adoption of this Subdistrict rOrdinance No. 03-01. adopted January 16. 20031. are permitted within the western 10.52 acres of this property. The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning application to insure appropriateness in relationship to surrounding properties. Words underlined are added; words struck through are deleted. Words double underlined in 17 red are added; words double 0truok thrsl,l@h in red are deleted - both since 2-23-06 version. ******** * *** ******* td*******-/c * **************1 ndicates break in text****** ********* ***********~.. *** ***** * ********* **j,'* **** Golden Gate Area Master Plan 3-23-06 A rezoning of the western 10.52 acres is encouraged to be in the form of a Planned Unit Development. Regulations for water management. uniform landscaping. signage. screening and buffering will be included in the rezoning ordinance to ensure compatibility with nearby residential areas. and shall be subject to the following additional criteria: · There shall be no access onto Livingston Woods Lane. . Shared access shall be encouraged . Building heights shall not exceed 35 feet. · There shall be a minimum setback area uf 7Sfeetalong the northern property line. · Driveway access. parking. and water management facilities may be allowed within the 75 ~ fo~)tsetback area along the northern property line, but none of these uses shall be located closer than 30 feet to this line. · No freestanding automobile parking lots. homeless shelters or soup kitchens shall be permitted. · Within tlbe eastern oortion of Tract 28->-,2.2;;t acres, more or less. 0f Traet 28 shall be preserved as wetlands and no development shall occur within this area. · Within the western 10.52 acres. a loop road/eiL€IlHmt shall be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this Subdistrict. 4.Sj Randall Boulevard Commercial Subdistrict [Renumbered, page 38] 5.61 Commercial Western Estates Infill Subdistrict [Renumbered, revised text, page 40 44] The purpose of the Suhdistnct is to allow ('or limited commercial and/or medical office uses, In recognil1on of the subject property's unsuitahility for single-family residentIal development Limited commercial and/or medical uses at this location will abu assist in reducing the distance and the numher or vehicular trips generated within the general area through trip capture The standards contained in this Suhdistrict are designed to ensure that uses within the Suhdistrict will he compatible with nearby reSidential development. A loop road shall he required through the property to connect Vanderhilt Beach Road WIth Collier Boulevard will also serve to lessen vehiclilm trips through the Intersecti(ln ******:~~~:~:~*;~***:~:~:~*:~:~*~~~~~~~::.r\-'r. "..".~,..:~~:~~~:~::i~:~:~:~:~:~:~:*:~:*~~**:l~~::~:*;!::~:~* ~:~~:~~~ c) Development Standards :~~:******:~:~:~:i::~:~:~:!::~:~:~:!:*:~;l::~:!: :i:~!'~- >- -:- '~~ .:- .:~ -;- .:~ ~: ..." ',","-',", ,i~ ~;~ ~:: * ~~ * * * * * * * * * :;:: * * * * * * * * * ;;: ::~ ;;:: :;" There shall he a sethack of seventy-five (75) feet in width abutting Estates zoned property V.r~ere Wheg feasihle, existing native vegetation shall be retained within this setback area. Water retention/detention areas shall he allowed in this setback ffi'@# provided that the area is lef1 in (I natur{ll state and the water reterltion/ detenti ol1~~benefi t~. )J!~...=J~Jl1ill.~-d..1l-illi ve~~getati orL=,afld QQrai nage conveyance through the sethack area shall he allowed. a:; 1~02e:;:;ar)', in order iJ Words underlined are added; words Gtruck through are deleted. Words double underlined in 18 red are added; words double ctruok through in red are deleted - both since 2-23-06 version. *: **' ** -I: *-..:* * ",,* '* * 'de '* **~-, ,- '* * * ~* * *** ** k * * ** t * * ** I ndicates break in text'" * 1<:*-A*: *-A *-..:* *** * "'* Irk * * k* Ir ** ** ** ** *** **-1: **** ******* * * *, Golden Gate Area Master Plan 3-23-06 necessary for stormwater to reach an external outfall. provided this conve~ benefits the retained na!ive ve~ation, ~ Golden Gate Estates Commercial Infill Subdistrict [Renumbered text, page 44] 3. Agricultural/Rural Designation R1:lFal SettlemeRt .-\Fea DistFiet [Revised text, page 47] Rural Settlement Area District This area consists of Sections 13, 14,23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 2ih day of January, 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested." This area is now kflown as comprised of the Orange Tree PUD and Orange Blossom Ranch PUD. and the types of uses permitted in this District include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status. The geographic expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. 4. Overlays and Special Features [New heading, page 47] Southern Golden Gate Estates Natural Resource Protection Overlav [Relocated text from page 43] MAP AMENDMENTS FOR GOLDEN GATE AREA MASTER PLAN ELEMENT Words underlined are added; words struok through are deleted. Words double underlined in 19 red are added; words double ctrugl~ through in red are deleted - both since 2-23-06 version. * ****** id, ***** k* I<: * '* * ** *** **** ***** * ** **** * * *1 ndicates break in text********** A************* *'***1<.* **************1;*** * ** k-A- Golden Gate Area Master Plan 3-23-06 Map 1 - GOLDEN GATE AREA MASTER PLAN STUDY AREAS [Relocate Map to end of document after text, page 3] Map 2 - GOLDEN GATE AREA FUTURE LAND USE MAP - Reformat the Map Legend consistent with the countywide FLUM, to include: Designations for Urban, Estates, and AgriculturallRural; Districts for Mixed Use and Commercial within the Urban and Estates Designations; a single District for the Agricultural/Rural Designation; and, Subdistricts within each Mixed Use and Commercial District; and add a new heading/category for "Overlays and Special Features"; aOO remove/delete "Residential Density Band" to correlate with changes to the Density Rating System; and, Delete "Naples" in the label "Naples - Immokalee Road". [Relocate Map to end of document after text page 6] Map 3 - HIGH DENSITY RESIDENTIAL SUBDISTRICT/1989 BOUNDARIES OF ACTIVITY CENTER [Relocate Map to end of document after text, page 19] Re-numbered Map 4 - DOWNTOWN CENTER COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 21] Re-numbered Map 5 - URBAN MIXED USE ACTIVITY CENTER/GOLDEN GATE PARKWAY AND CORONADO PARKWAY [Relocate Map to end of document after text, page 26] Re-numbered Map 6 - GOLDEN GA TE URBAN COMMERCIAL INFILL SUBDISTRICT AND GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT [Relocate Map to end of document after text, page 25] Re-numbered Map 7 - SANTA BARBARA COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 28] Re-numbered Map 8 GOLDEN GATE PROFESSIONAL OFFICE COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 30] Re-numbered Map 9 - COLLIER BOULEVARD COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 32] Re-numbered Map 10 - PINE RIDGE ROAD (C.R. 896) - INTERCHANGE ACTIVITY CENTER AND PINE RIDGE ROAD MIXED USE SUBDISTRICT [Relocate Map to end of document after text, page 34] Re-numbered Map 11 - GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS [Relocate Map to end of document after text, page 36] Words underlined are added; words struck through are deleted. Words double underlined in 20 red are added; words double otruGI, thrQugh in red are deleted - both since 2-23-06 version. * "'** \:*"-"i'*" ****" ,,""****,,--.:*"* *'1< * J 1<- *****t,.-**'... 1<-:*1 ndicates break in text'~'*"'*Jo.k**;'-;l.t Ie * ** 1<' "" *** ,l:--~ *** I< ** **",***.,.-1<' *********** It",,~ Golden Gate Area Master Plan 3-23-06 Re-numbered Map 12 - WILSON BOULEV ARD/GOLDEN GATE BOULEVARD CENTER [Relocate Map to end of document after text, page 38] Re-numbered Map 13 - COLLIER BOULEVARD (C.R. 951)/PlNE RIDGE ROAD CENTER [Relocate Map to end of document after text, page 39] Re-numbered Map 14 - EVERGLADES BOULEV ARD/GOLDEN GA TE BOULEVARD CENTER [Relocate Map to end of document after text, page 40] Re-numbered Map 15 - IMMOKALEE ROAD (C.R. 846)/EVERGLADES BOULEVARD CENTER [Relocate Map to end of document after text, page 41] Re-numbered Map 16 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 40] Re-numbered Map 17 - COMMERCIAL WESTERN EST A TES INFILL SUBDISTRICT [Relocate Map to end of document after text, page 45] Re-numbered Map 18 - GOLDEN GATE PARKWAY INTERCHANGE CONDITIONAL USES AREA [Relocate Map to end of document after text, page 48] Re-numbered Map 20 - RURAL SETTLEMENT AREA DISTRICT/ORANGE TREE PUD [Relocate Map to end of document after text, page 52] EAR-GGAMP CCPC Final 3-22-06 G: Camp, EAR Amendment Modifications, CCPC Final mm-dw 3-22-06 Words underlined are added; words struck through are deleted. Words double underlined in 21 red are added; words double struok through in red are deleted - both since 2-23-06 version. -.:*****"*-;. "'** *** **** ***** * *** 1<** **** **"" *** *** *1 ndicates break in text"'***** ****-1<* * I< ******1;-"1<******** ~ ************ ** :'r***** 1<"1< \)~~.f1 LEGEND ESTATES DESIGNATION AGlRICUL TURAL!RURAL DESIGNATION URBAN DESIGN" nON IIIlXBt IJII DC'TIlIeT DftESlIlt:NT1ALtsTATESsuBOIsmcT COI/DIllOtlAl USES SlIIDISn:tlCr o NflIlHIOltNOOOCf:NlUISU8OIS1ftICr C~RCIoU. DlITRilCT E IN~CH~;:~nl~TY~~%~I~U8(lI$t'RICT LAWDUS[[LD,lENTINTJjEGl,fI".) .PlNERlOGERl)"'O\,lI~IOU5rSlJIOtsIlUCT . '''''NOAU BOUlEVARO ,;O...IolERC1AL SIJ~S1Jl:ICT [] =~~S~1f"N [sr"ns o ~~SI.Ii'oiiJ~rtm COIolI,lEIlOAl MlXID U8E OII'TlUCT DUIl'IM4RESlDENT1ALS08OlSTR'cr HlCHllOlSlTYfltSIODH1AlSl.lBDISTRlCT I.Z:)OOYotilOVlN!%NTDl COl.l~EJlCl"'L5U8CISTllICT RlIR"tSETTU:IolDH AREA DISTRICT GOLDEN FUTURE LAND GATE AREA USE MAP rJ:J to- '<f' Eo- OVERLA VI AND SPECIAL FEATURES ~SOl.rnl(ItNCCUl&lGATEESTAT[SN"T\lRAL ~IlESOtIR(EPJlO)lEC1lON"'REJ.OIlUa.AV COMMEftCW. lltIYRlCT .I.lIXEDUSEACl1\11T'f'CEH'JP:SU801STIl'lCT . ~~~~~~~'rN C~I,l[IlCIAL 51 ~~ c~;~~~~W~Y9Oi'~ONAl CjCOWERlICUlEVAIIllCOloO...ERCl...lSUIOIS1RJCT '!HIS "'AP C-'NHOT liE IPH'EIIIPIIE"IEO 'MTlIQUT1'ttE GOfU.S. OB..E:.CT1~ POIJClES "liD lAtlO USE DESlQHAlION O€SCltlPT1ON SECTION OF 1l1E GOlDEN GATE AllEol. l,lillSmr P\.MI. rJ:J OC! '<f' Eo- Q .. < > '" ... :0 g IMMOKALEE ROAD RANDALL BOULEVARD z ~ ;< ~ ". o:i > -' "' GOLDEN GATE BOULEVARD rJ:J a> '<f' Eo- Q '" < > '" 2 g Q '" < > '" -' :0 o "' Q < o '" " Z :; ... ;:> p., ? '" o p., '" <: &l Q ., ... '" .. '" > '" i Q 8.R. 84 ., ... Z ., DA VI8 BOULEVARD en 8.R.84 rJ:J o .0 Q .. < > '" -' ;:> ~ o '" "' '" .. rj '" ::; -' o u Eo- GOLDEN GATE FUTURE LAND USE MAP AOOPTEO fEBRUARY, \991 AMENDED - MAY 19, 1992 At.lENOED MAY 25. 1993 AMENDED - .AlLY 21, 1993 At.lENOEO APRIL 12, 1994 AMENDED - ~ARCH 14, 1995 AMENDED - OCTOBER 27, 1997 AMENDED - APRIL '.I. 1998 rJ:J .... .0 Eo- AII4EHDEO - SEPTHABER 8. 1998 AMENDED - FEBRUARY 23. 1999 AMENDED - MAY 9. 2000 AI.lENDED - MARCH 13, 2001 Al,lENDEO - MAY 14, 2002 Al.4ENOED - SEPTEMBER 10, 2003 ORa. NO. 2003-44 AI.iENOEO - OCTOBER 26, 2004 PRO. NO. 2004-]1 AI.lEHOEO - JANUARY 25, 2005 ORO. NO. 2005-3 (.) SCALE ~I I I f 1 o , ML 2 MI. .3 MI. 4 Ml. 5 ML PREPARED 8'1: GIS/CAD MAPPING SEcnON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGfLU-2006-1.DWG DATE: 2/2006 R 26 E R 27 E R 28 E Immokalee Area Master Plan 3-23-06 III. IMPLEMENTATION STRATEGY [revised text. paee 11 This section is 'Nhere places the plan is placed into effect. Implementation strategies include the Goals, Objectives, and Policies, and the Land Use Designation Description Section. A. GOALS, OBJECTIVES AND POLICIES Goal I: [deleted text, page 1] POPULi'... TION COAL 1: TO JMAINT.\IN A HICH QUi'...LITY OF POPULATION ESTIM.A...TES THAT EMPLOY .\N APPROPRI.\TE MIX OF CENSUS METHODOLOCIES CONSISTENT 'VITH FLORID,A... ST.\TE PLi'...NNINC REQUlREl\fENTS .\ND THE UNIQUE NEEDS OF THE IMl\iOK\LEE COl\fMUNITY. Objeetive 1.1: [deleted text, page 1] Provide accurate annual estimates of the housing units and the population residing in the Immokalee community. Poliey 1.1.1: [deleted text, page 1] Employ timely Immokalee population estimates in cstablishing and maintaining adequate housing and Level Of Service (LOS) Standards to ensure the community is adequately served by the Immokalee urban area's sanitary SeYler, solid waste collection, sub surface drainage, and potable v:ater systems; roads; and recreational facilities. PaHey 1.1.2: [deleted text, page 1] Provide for an uncomplicated and efficient process of gathering and monitoring the population rclated information generatcd by the independent Immokalee '.XI atcr and Se'vvcr and Firc districts; the Collier County Public Schools; State of Florida entities including, but not limitcd to, the departments of /\griculture, Community :\ffairs, Health and Rehabilitative Services, and Labor and Employment Security; and Federal entities including but not limited to the Public Health Service and the U.S. Postal Service. Goal II: [revised text, page 2] Li'...ND USE GOAL II 1: TO GUIDE LAND USE SO AS TO ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY, ENVIRONMENTAl:, QU.\LITY", AND SMALL-TOWN CHARACTER, n;.s STABLE NEIGHBORHOODS, ANDn;.s STATUS AS ~AN URBAN HUB FOR THE SURROUNDING AGRICULTURAL REGION", Words underlined are added; words E:truok through are deleted. Words double underlined in red are 1 added; words double atn,l€ll, tRr@I,l!:lR in red are deleted - both since 2-24-06 version. * * * *** * * ** *** * * **... * **** ** *** *...... ** * * ** * * * * * * ** *... Indicates brea kin text * ** * * * * ** * ** * ** * **... ** * ** ** * * *** * * * * * *** *... ** * ** * ** * Immokalee Area Master Plan 3-23-06 TOURISM INDUSTRY. AND THE IMMOKALEE AIRPORT'S DESIGNATION AS A PORT-OF-ENTRY. Objeetive II OBJECTIVE 1.1: [revised text, page 2] Unless otherwise permitted in this Master Plan for Immokalee, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Subdistricts shall be binding on all Development Orders effective with the adoption of the Master Plan for Immokalee. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; maintain and develop cohesive neighborhood units; promote a sound economy; and discourage undesirable growth and development patterns. Standards and permitted uses for each Immokalee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. (This objecti'/e shall supersede Objective 1 in the County'.vide Future Land Use Element of the Gro'.vth Management Plan.) Policy II. Lt.!: [revised text, page 2] The Immokalee Master Plan URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT i\. Residcntial Designation 1. Low Residential Subdf)istrict 2. Mixed Residential Subdf)istrict 3. High Residential Subdf)istrict 4. Neighborhood Center Subdistrict 5. Commerce Center - Mixed Use Subdistrict 4.Q. PYI}lanned Unit Development Commercial Subdf)istrict 7. Recreational Tourist Subdistrict B. URBAN - COMMERCIAL DISTRICT B. Commercial Designation 1. Commercial Subdf)istrict - S.R. 29 and Jefferson Ave. 2. Neighborhood Center District 3. Commercc Centcr Mixcd Use District 4. Rccrcational Tourist District Co URBAN - INDUSTRIAL DISTRICT C. Industrial Designation I. Industrial Subdf)istrict 2. Commerce Center - Industrial Subdf)istrict 3. Business Park Subdf)istrict Words underlined are added; words €truok through are deleted. Words double underlined in red are 2 added; words double gtrl;l€il( tl9f@I;I~19 in red are deleted - both since 2-24-06 version. ******* ************************ *** * *********** * I ndicates break in text****** ****** ********* **** ** ************* * ***** **** Immokalee Area Master Plan 3-23-06 Policy 1.1.2: Overlays and Special Features include: D. Overlays and Special Features 1. Urban Infill and Redevelopment Area Standards and permitted uses for each Immokaleo Master Plan Future Land Use District and Subdistrict are identified in the DesignatioR and Description Section. (This Policy shall supersede Policies 1.1 and 1.3 in the County ':/ido Future Land Use Element of the Gro?/th Managemeflt Plan. In addition, the Imrnokalee Master Plan Future Land Use Map shall be used iflstead of the County v/ide Future Land Use Map.) Policy 1I.1.1.~J: [revised text, page 3] Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance in the Land Development Code~doDted bv OrdInance No_, Q:!:1l-,-i.i~ amended._ol1 JUl1~ 22, 2QQ4_(!!.1.~tt;Xt~f.ti\l_~_Q<':!Q.~~r_Jlh 2DQ4. as an!~ndt;d.. Policy II. 1.1.~: [policy renumbered, page 3] Policy II. 1.1.4~: [policy renumbered, page 3] Policy II. 1.1.~: [policy renumbered, page 3] Paliey 11.1.': [deleted text, page 3] By 1998, the Comprehensive Planning Section \vill revie'N existing land uses and zoning patterns within the South Immokalee Redevelopment District and preparc a zoning overlay that '.,-,ill address incompatibility of land uses and inappropriate land development standards that '.vill act as an incentive to encourage nc'.v construction and rehabilitation in the area. Policy 11.1.1.7: [revised text, page 3] The sites containing eXlstmg public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the lAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE, Policy 5.1~4 and Intergovernmental Coordination Element, Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE, Policy 5.1~4. Words underlined are added; words stru0k throl.:Jgn are deleted. Words double ulli:i~nlLn~s:l in red are 3 added; words double str61€I, throClgh in red are deleted - both since 2-24-06 version. ******* '* **** ********* **** '* ******** ************* I nd icates break in text ** **** ***** ***** ***** ****** * * ** ****** *** ** * *** * *** Immokalee Area Master Plan 3-23-06 Land Use Designation Description Section: [text relocated, page 4] [This Section has been relocated to follow the Goals, Objectives and Policies Section. ] Olljeetive II. OBJECTIVE 1.2: [revised, relocated text, from page 12 to page 4] By 2005, Reinstate the former Main Street Program under a new name to provide a means for improveing the physical appearance of the commercial building stock by 10% ffi. along: the Main Street corridor. '.vithin the Program area from First Street to Westclox Street. Policy 11.1.2.1: [revised, relocated text, from page 12 to page 4] The Immokalee Master Plan and Visioning Committee. in coordination with the Community Redevelopment Agency Advj~<:Jry _ COIlll11itlee. shall work with a consultant to develop a plan that focuses on the development and/or redevelopment of commercial structures and businesses along Main Street. Beginniflg in 1997, the Buildiflg Irnmokalee Together Project in conjunction with the Main Street Project shall provide a comprehensive approach to the redevelopment of South Immokalee. Items to be addresscd include: compatibility traffic impacts parking buffDriflg setbacks architectural character slgnagc re use/redevelopment incentives pedestrian circulation economic incentives Policy 11.1.2.2: [revised, relocated text, from page 12 to page 4] Collier County staff. in cooperation with various lmmokalee community groups, ~. mavseek partnership opportunities with the local Community Redevelopment Agency Advisorv (9111ll}ittt:e. Front Porch, Weed and Seed and other ~Alternative funding sources v,ill be investigated by 1998 in order to promote and/or expedite the development or redevelopment of commercial businesses and structures within the Main Street Program area. implementation of the Building Immokalee Togethcr Project and the Main Street Program. Objeetive II. OBJECTIVE 1.3: [revised, relocated text, from page 13 to page 4] Encourage innovative approaches in urban and project design wfl.ieh that enhance both the environment and the visual appeal of Immokalee. Policy 11.1.3.1: [revised, relocated text, from page 13 to page 4] Words underlined are added; words E:trwok throwgh are deleted. Words double underlined in red are 4 added; words double &tflJ@l~ li;1r@lJ1:jh in red are deleted - both since 2-24-06 version. **.. **** ******.. ***.. ***** ****** *** ** * *** * ** * ** ** * I n d icates break in text * ***** ** *** **.. ** ** *** ** ******* *.. * ************ ** **.. Immokalee Area Master Plan 3-23-06 Collier County staff will continue to work with the Immokalee community By September 1998, the Public "'Norks Diyision and the Community Development and Environmental Services Di'/ision shall seek to identify alternative funding sources to aft€l-implement a programming for, streetscape, linked open-space and pedestrian and bicycle amenities that are compatible with an overall redevelopment strategy. the Immokalee Main Street program and Redeyelopment Plan. Palie)' 11.3.2: [deleted text, page 13] When a proposed project clearly demonstrates beflefit to low to moderate income citizens by promotiflg affordable housing or enhances the local economy by creating employment opportunities, the Board of County Commissioflers may direct, as necessary, amendments to the Immokalee Master Plan or Land Development Code to provide for the proposed project. OlJjeetive II. OBJECTIVE 1.4: [revised, relocated text, from page 14 to page 5] Provide land use designations, criteria and zoning wfti.eh. that recognizes the needs of tlnH significant portion of Immokalee's population which is primarily pedestrian~ in nature. Policy 11.1.4.1: [revised, relocated text, from page 14 to page 5] Comprehensive Planning staff will continue to coordinate with the Transportation Division regarding its existing and future plans for sidewalks. pathways and other forms of alternative transportation for the Immokalee community. Implementation of the Comprehensive BikewaylPedestrian Plan '.vill be consistent '.'lith the goals of the Building Immokalee Together Project and the Main Street Project. These tv:o projects should be considered 'lIhcn funding priorities are revie'l:ed to assure a concentrated approach to rede':elopment. Policy 1.4.2: [new text, page 5] Collier County staff. III cooperation with the local Immokalee Community Redevelopment Agency Advisory Committee. shall consult with the Collier County Pathways Advisory Committee regarding enhancing and improving the existing pathway and sidewalk facilities. Policv 1.4.3: [new text, page 5] Collier County shall encourage pedestrian-friendly design for future projects located within the Immokalee Urban Area. OlJjeetive II. OBJECTIVE 1.5: [revised, relocated text, from page 15 to page 5] The Collier County Board of County Commissioners Rrecogniz~~ffi.g the increasing need for farm labor, to support the County's agricultural industry an~f ffi 1Jl~Q~ Opercrtion:; Supflort ami I IoudB.;. DepartnH~flt, ill L'ollrerutilm ':.ith loeal u...:ribu:;ifle:::;, ~ enco~lnlgi:_!?_.JL1~)~ovisior1 elLbire an adeqaate number of decent, safe, healthful, and affordable housing units ?H' fl','uibbL: for farm workers in Immokalee~, The sites for C01lier Co Lmt',' Ruu:;in; provision for farm !aI2orhQ!:Isil}g '(.()rl~er.;. as identified in Section 5.05.03 oJ the Collier County Land Development Code. SeftioFl ::.05.03, wfti.eh. complies Words underlined are added; words ctruck through are deleted. Words double underlined in red are 5 added; words double Qtn,@I( t!;;tr@Olgh in red are deleted - both since 2-24-06 version. ** *** *** ***** *** *********** ******* ******** **** * In d ica tes break in text***** * *************** *** ** ***** * ***** * ** *** * ** * ** * Immokalee Area Master Plan 3-23-06 with sS.ection lOD-25 of the Florida:' Administrative Code (F.A.c.). and the Housing Code of Collier County shall be designated so as to keep pace v/ith the population. Policy 11.1.5.1: [revised, relocated text, from page 15 to page 5] New development for housing for seasonal, temporary or migrant workers shall be permitted in any land use designation provided that such housing is they are permitted under Section lOD-25, F.A.c.. and does not conflict with the existing zoning districts or the Immokalee Area Future Land Use Mmap. Policy II. 1.5.2: [revised, relocated text, from page 15 to page 5] Transient housing for farm laborers as identified as "Transient Housing" or "Migrant Labor Camps", as defined by Section lOD-25. ef F.A.c., may eaR also be developed in areas designated for commercial land use!i on the Immokalee Aarea Future Land Use Map. if they Such housing must conform to meet the requirements delineated in of the G-4 General Commercial Zoning District (C-4) of the Collier County Land Development Code. as amended. regarding development standards, parking, landscaping and buffering requirements .f!lliLto the extcnt such housing is are also permitted under Section lOD 25. of F.,^..C. Goal III: [revised, relocated text, from page 16 to page 6] HOUSINC GOAL III~: CREATE AN ENVIRONMENT WITHIN WHICH ALL WORKING, DISABLED AND RETIRED RESIDENTS, AND THEIR IMMEDIATE RESIDENT FAMILIES, WILL HAVE A REASONABLE OPPORTUNITY TO PROCURE SAFE, HKA...LTHFUL SANITARY, AND AFF'ORDABLE HOUSING CONSISTENT WITH THE DESIRED DEVELOPMENT CHARACTER OF THE AREA AS IDENTIFIED IN THE IMMOKALEE AREA MASTER PLAN. Objective 1Ibl2.1: [revised, relocated text, from page 16 to page 6] Collier County shall promote the conservation and rehabilitation of housing in Immokalee neighborhoods. Policy 111.1.1 2.1.1: [revised, relocated text, from page 16 to page 6] Expansion of urban facilities and services ~;hould shall enhance and 6f maintain the viability of existing urban residential areas. Needed public infrastructure improvements in these areas should shall receive priority in the Capital Improvement Element. Words underlined are added; words ctruck through are deleted. Words double underlined in red are 6 added; words double I;)trelrslt tRr€lel~R in red are deleted - both since 2-24-06 version. ******* ****** *********** **** ************** ***** I ndicates break in text** **** ********** ************** * ********* ****** **** Immokalee Area Master Plan 3-23-06 Policy 111.1.22.1.2: [revised, relocated text, from page 16 to page 6] Collier County shall Aassist in upgrading existing neighborhoods through active code enforcement, refiHn'~ing ~J @!ibRtin;; infJElenee::, and concentrating providing capital improvements, in such neighborhoods. Policy 2.1.3: [new text, page 6] Collier County shall Bensure that government services and facilities needed to support housing are provided concurrent with development and meet the demands of the Immokalee Community. Objective ~ 2.2: [revised, relocated text, from page 17 to page 7] Collier County wi4l has collected and willus~ the data resulting from the Immokalee Housing Initiative Program Survey respond to the housing needs identified to identify the current housing stock in order to address the affordable-workforce housing needs of the area. in the housing study of Irnmokalee by county initiatives which '.vill reduce the cost of housing development for lo\',' and very 10':1 income households. Policy 2.2.1: [new text, page 7] The County Operations Support and Housing Department will analyze the data collected from the Immokalee Housing Initiative Program Survey and establish a process for revitalizing Immokalee's neighborhoods. Policy 111.2.1 2.2.2: [revised, relocated text, from page 17 to page 7] The County shall continue to pursue research 4ffie initiatives such as land banking of foreclosed upon land foreclosed due to County held liens, land grants from County and other public holdings, and as '.vell us tax incentives for private owners who commit to developillgfHeitt.fef affordable-worktorc~ housing for yery 10'.'. 119€0I91e, a-Flt:l- !cWo' ineome. mui t1tl9.er 'I,'orkin;; ela:;:; rami I ic:,. Objective III.J 2.3: [revised, relocated text, from page 18 to page 7] By January 2005, -l99& tThe County will have in place a pilot plan of continue to explore and provide innovative programs and regulatory reforms te that reduce the costs of development and maintenance of safe~~!lLi healthful sanitary~ affordable~~ housing for ~ ae:4 ';0[')' JoY.', al9d otlger ',YOrbFl;; el:1:;:; n~e()me hOEl,<;eR01a:; ifl Immokalee reSIdents. Poliey 111.3.1: [deleted text, page 18] By December 1997, the Community Development and Environmental Services Division v,'ill develop two pre approved housing plans and their specifications for use by lo'.v income families and non profit developers. The project ':,ill explore the development of 1,2,3, and 1 bedroom housing, expandable housing and duplex prototypcs. Policy 111.3.2 2.3.1: [revised, relocated text, from page 18 to page 7] On November 18. 2003. the Board of County Commissioners approved $1.85 million in economic and housing incentives. These incentives shall continue to provide for fee payment assistance. a-121J}RS,~rLY=W:(c=,"1L1J)uJ!J~s. impact fee deferrals, and mfra:ltructure Words underlined are added; words struck through are deleted. Words double J.lllilQrlined in red are 7 added; words double 8tn.€I~ thr€ugh in red are deleted - both since 2-24-06 version. ******* * * * * * * ***** ***** **** *** **** * ******* ***** I n d icates b rea kin text *** *** ****** *** * ** *** *** *** ***** * * *** "'k** ** ** * * *** * Immokalee Area Master Plan 3-23-06 imflro':emeflts 1'01' af1'0r€ia01e_~'2.,'~~..Ji€l1:l8iflg for re::icleflts eamlfl; gg<;~ 01' le5:; of mecliafl R€lElseH01cl ifleome, and ~ economic development. These nevI programs may assist in the development of safe, sanitary and affordable housing. By September 1998, the County i\ttorney's Office will research those steps under la'.'.' to provide deferral for at least t'.vo years the ad Valorem taxes and special assessments for nevi' apartments built for and rested to very low and 10':1 income h01:lseholds. Policy 111.3.3 2.3.2: [revised, relocated text, from page 18 to page 7] The County Operations Support and Housing Department Housing and Urban Improvement Department of the Community Development and En';ironmental Serlices Division will continue to promote public/private partnerships that address the availability of affordable-workforce housing by te improvinge existing processes and implementing new processes a process of te networking the resources among the private developers~ aHd contractors~ especially among appropriate County officials, and these Immokalee residents in the market for seeking affordable housing. so as to create a full public/private partnership to address housing starts the afford ability and u'/ailability of housing Policy 111.3.4 2.3.3: [revised, relocated text, from page 18 to page 7] The Code Enforcement Department will prioritize the enforcement of codes related to substandard housing that constitutes are a serious threat to the public~s health, safety and welfare.:. aHd when needed will enforce r~licies on demolition of such structures will be enforced and the Code Enforcement Board will bc used to levy appropriate fines. Policy 111.3.5 2.3.4: [revised, relocated text, from page 18 to page 7] The Community Development and Environmental Services Division will research and develop strategies to replace and/or provide affordable::;\vorkforce housing through non: profit providers throughout the Immokalee Community Redevelopment Area. in and around the South Immokalee area that is compatible with the Redevelopment Plan. Objective 11I.4 2.4: [revised, relocated text, from page 19 to page 8] There shall be an annual effort to coordinate with federal, state, local, and private agencies to seek funding to meet the housing needs as identified in the Housing Element of the Comprehensive Growth Management Plan and to assure consistency with federal, state, and local regulations in regards to concerning migrant taOO labor camps. Policy 111.4.1 2.4.1: [revised, relocated text, from page 19 to page 8] The County Operations Support and Housing Department County's Housing and Urban Improvement Department of the Community Development and Environmental Services Division will meet with representatives of the Rural Economic Development Administration to improve the County's ability to attract mere government grants and loans to develop iJJfordable-workforce housing for ':erj lo.... ~uui L)':. itll:mn:e lifld other ':.~llbn; eLL,'; h~)tLCl-:clfL. Words underlined are added; words ctruok through are deleted. Words double underlined in red are 8 added; words double GtnJCI~ through in red are deleted - both since 2-24-06 version. *********************************************** I ndicates break in text****** ********************* ****** ******* ****** **** Immokalee Area Master Plan 3-23-06 Policy 111.4.2 2.4.2: [revised, relocated text, from page 19 to page 8] By September -l99& 2007, the Community Development and Environmental Services Division will review the State of Florida's Environmental Health and Housing Code requirements for those units licensed as migrant labor camps. If warranted based upon that review. the Division will initiate appropriate and make modifications as determined appropriate to the Collier County Housing Code based on the revie'.v. Policy 111.4.3 2.4.3: [revised, relocated text, from page 19 to page 8] The County Manager.. or his designee.. III cqQPeration with the Florida Deoartrnenl_ 01 Healt_h.. shall be responsible for collaborating to make an annual report to the Board of County Commissioners on identified "living quarters for ~ f()l[LOr more seasonal, temporary or migrant farm workers" as defined in Chapter lOD-25. F.A.e. and prepared by HRS. The report shall include recommendations on improvements needed to ensure County code and F.A.e. compliance and suggested amendments to County codes which are restricting codes that may restrict needed rehabilitation and new developments. Policy 111.4.4 2.4.4: [revised, relocated text, from page 19 to page 8] Continue to cooperate collaborate with all private groups seeking to furnish shelters for the homeless, and/or abused women and children in Immokalee. Goal IV: [revised, relocated text, from page 20 to page 9] CONSERV.A.. TION GOAL IV J: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF ITS NATURAL RESOURCES AS DICT.'\TED REQUIRED IN THE GROWTH MANAGEMENT PLAN. Objective I\ld 3.1: [revised, relocated text, from page 20 to page 9] The County shall continue to protect and preserve natural resources within, and adjacent te, the Immokalee Urban Designated Area and on adjacent lands within the Rural Lands Stewardship Area Overlay in accordancc \yith the Growth Management Plan. Policy IV.1.13.1.1: [revised, relocated text, from page 20 to page 9] The Immokalee Area Master Plan shall be updated as appropriate to reflect the recommendations resulting from the programmatic commitments of the Conservation and Coastal Management Element of the Growth Management Plan. Words underlined are added; words struok through are deleted. Words double underlined in red are 9 added; words double strElsl( thr€lElgh in red are deleted - both since 2-24-06 version. ******* * '* ** ** ********** ************** '* ***** **** I n d icates break in text******** ** ** ******* ******** ** *** '* ******* * *** ** ** * * Immokalee Area Master Plan 3-23-06 Policy 3.1.2: [new text, page 9] Collier County shall ensure that government services and facilities related to the conservation and management of natural resources are made available to the Immokalee Community. Goal V: [revised, relocated text, from page 21] RECREA TION GOAL :v:~: IN A COST EFFICIENT MANNER. PROVIDE AMPLE: HIGH QUALITY AND DIVERSE RECREATIONAL OPPORTUNITIES FOR THE IMMOKALEE COMMUNITY TYPICALLY PROVIDED BY THE PUBLIC IN fA COM1\fUNITY THE SIZE OF IMMOK\LEE, FOR fALL I1\f1\10K\LEE CITIZENS IN A COST EFFICIENT M,,\NNER. Objective V.l4.1: [revised, relocated text, from page 21] Collier County shall implement a parks and recreation program for Immokalee that is equivalent to Collier County standards, taking into consideration plans that reflect citizens' recreational preferences and offer recreational opportunities ffi for all age groups. Policy:v.t-d- 4.1.1: [revised, relocated text, from page 21] By September" 1998, Collier County's Public Services Division shall complete and publish for public comment, and adopt a 5 year plan and budget for parks and recroation that would meet tho needs and charactoristics of the total population (seasonal and permanent) of Immokalee. In accordance with Obiective~'). l am(J.~.h and subsequent policies. of the Recreation and Open Space Element. the County Parks and Recreation Department shall. by 2010, develop a :'lei;;h~()rl;;\I:~()G Part Plaft :1ftd a Community and Regional Park Plan. The plan and budget will be based upon such things as a survey of the preferences and priorities of Immokalee's seasonal and permanent population. The survey should include: a. Questions concerning community-wide and neighborhood park recreation issues. b. Differentiates by neighborhood the estimates of the population's priorities among alternative combinations of types of parks and recreation sites, facilities, equipment, and services. c. Be conducted during peak permanent and seasonal population periods. Policy ~ 4.1.2: [revised, relocated text, from page 21] The County Public Services Division ~cLIEIY locate Pfuture parks ,::ill be encouraged to locate within tfle designated Neighborhood Centers-;- and within other areas that serve the needs of the community. but ,::ill not be limited to these areas. This may be Words underlined are added; words etruok through are deleted. Words double ullcjerliQed in red are 10 added; words double 8trel:::l~ tAniH,j0h in red are deleted - both since 2-24-06 version. *** **** ****** * ** *** * * ** ***** *** * ** * *** *** * ** * * * I n d icates b rea kin text * *** ** ** *** ** *** *** * * * *** ** * ** * * ** **** ** ** * ** * * ** * Immokalee Area Master Plan 3-23-06 accomplished through funding meth(;)(]'s, including.. but not limited to, the County~ purchase of land, private sector land donations, or through an interlocal agreement between Collier County and the Collier County School Board. Policy 4.1.3: [new text, page 10] Collier County shall ensure that government services and facilities related to parks and recreation are provided concurrent with the impacts of development. Goal VI: [revised, relocated text, from page 22] TRANSPORTATION COAL li: THE FUTURE LAND USE PLA.. TTERN SHALL BE SUPPORTED BY f... NET"70RK OF ROf..DS, PEDESTRIAN WA YS, f..ND BlKEWL\ YS THA T ML\INTAINS IMl\tOKALEE'S SMALL TOWN CHLA..RLA..CTER, YET L\CHIEVES EFFICIENT LA..ND SAFE TRA..FFIC MOVEMENT. GOAL 5: FUTURE GROWTH AND DEVELOPMENT SHALL BE SUPPORTED BY A NETWORK OF ROADS. SIDEWALKS. AND BlKEPATHS THAT ARE EFFICIENT AND SAFE. AND ENHANCE AND PRESERVE IMMOKALEE'S SMALL TOWN CHARACTER Objective Wol5.1: [renumbered, relocated text, from page 22] The County shall provide for the safe and convenient movement of pedestrians, motorized and non-motorized vehicles. Peliey VI.1.1: [deleted text, page 22] The County's Metropolitan Planning Organization Section of the ComllRlnity Development and Environmental Services Division shall complete a transportation study for the Irnmokalee Urban Designated L^..rea by September 1999. Once completed and accepted by the Board of County Commissioners, the Immokalee Master Plan shall be amended to incorporate the transportation study. The study will review existing roadv/ay conditions, identify deficiencies and make recommendations considering all of the following: a. Consider all recommendations in the Collier County 5 Year Bicycle '.Yays Plan; b. Giye highest priority to completion of the grid network ':"ith consideration of those segments identified in the Transportation section of the Support Document; c. Identify all right of ..my on a thoroughfare rights of way protection map; and d. Establish a loop road. Policy '/1.1.25.1.1: [revised, relocated text, from page 22] Words underlined are added; words ctrucl< through are deleted. Words double underlined in red are 11 added; words double stn;j@I, t/;:\r@\;{~R in red are deleted - both since 2-24-06 version. ******** ******************************* ********1 n d icates break in text**************************** ********************** Immokalee Area Master Plan 3-23-06 The Traffic Circulation Map in the- Transportation Element will graphically depict Immokalee's future roadway network, and identify specific roadway improvements needed to implement the Immokalee Area Master Plan~ Future Land Use Map and will be updated as new information is available. These improvements will be prioritized and placed into the Capital Improvement Element after further transportation analysis is completed. Policy "1.1.3 5.1.2: [revised, relocated text, from page 22] The Collier County 5: Year Bicycle 'Nays Pathways Plan, prepared by the Metropolitan Planning Organization with the assistance of the Pathway Advisory Committee, shall give priority to linking existing and future residential neighborhoods to each other, designated neighborhood centers, commercial, employment and public service areas. This plan will reflect the unique needs of the Immokalee community and also take into consideration the need for pedestrian walkways in Immokalee. Policy "1.1.4 5.1.3: [revised, relocated text, from page 22] Existing and future bikc\yays bikepaths for the Immokalee community shall be graphically depicted on the Traffic Circulation Map of the Immokalec Mastcr Plan, and shall become part of within the Collier County 5: Year Bicycle ',Vays Pathways Plan. Policv 5.1.4: [new text, page 22] The County Transportation and the Community Development and Environmental Services Divisions shall ensure that sidewalks and bikepaths constmcted by or for the County are provided concurrent with the impacts of development and meet the demands of the Immokalee Community. Goal VIII: [revised, relocated text, from page 23 to page 12] ECONOl\HC GOAL VIII ~: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY AS DETAILED IN THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN Objective VIlLI 6.1: [revised, relocated text, from page 23 to page 12] The County shall promote economic development opportunities throughout the Immokalee Urban Area. Prepare a plan for cconomic development for thc Immokalee Are&.- Policy "111.1.16.1.1: [revised, relocated text, from page 23] The County. in cooperation with the Immokalee Chamber of Commerce. the Collier County Airport Authority. and the Economic Development Council, shall continue to promote economic opportunities at the Immokalee Regional Airport and the surrounding commercial and industrial areas. By 1997, the Community Development and Environmental Services Division shall prepare a county wide economic plan that '.vill Words underlined are added; words ctruck through are deleted. Words double underlined in red are 12 added; words double stnHll: tl9~€Hj~'" in red are deleted - both since 2-24-06 version. * *** *** *********** ***** *** ******* **************1 n d icates break in text****** ****** ********* *********** * ** *** ************ Immokalee Area Master Plan 3-23-06 include an i\ction Plan with recommendations and incentives to enhance and di'/ersify the local economy. Policy VIII.1.2: [deleted text, page 23] The Community Development and Environmental Services Division and the i\irport i\uthority shall promote the development of the Irnmokalee .^drport and surrounding commercial and industrial arcus as set forth in the lmmokaleo '^1irport Master Plan. Polic)' VIII.1.3: Deyelop and initiate a program in designation. [deleted text, page 23] 1997 to promote the inccntives of Enterprise Zone Policy VIII.1.4 6.1.2: [renumbered, relocated text, from page 23] The Community Development and Environmental Services Division will coordinate with the Collier County Sheriff's Department on investigating and pursuing any funding opportunities available under the Safe Neighborhood Act to assist with enhancing the Immokalee community. Crime Prevention Through Environmental Design (CPTED) principles shall be encouraged in all development standards. Policy '/111.1.5 6.1.3: [revised, relocated text, from page 23] Collier County staff in cooperation with the Economic Development Council and other Immokalee community agencies shall ~oordinate with the Collier County School Board to ensure that the employment skills and training needed are available for the types of industries located in the lmmokalee Community. Policy 6.1.4: [new text, page 23] Ensure that economic policies. programs and incentives pursued by Collier County within the Immokalee Urban Area are managed so as to provide a benefit to the community. LAND USE DESIGNA TION DESCRIPTION SECTION [relocated, no text changes, from page 4] A. Urban - Mixed Use District [new text] The purpose of this District is to provide for residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain recreation/tourist and commercial uses are also allowed subiect to criteria. Residen.tial Design.ation [deleted text, from page 4] This designation is intended to accommodate a variety of residentiulland uses including single family, duplcK, multi family, and mobile homes, v.'hich docs not preclude seasonal, temporary and migrant farm\\'orkor housing. 1. Low Residential SubWistrict r revised title and text. relocated text. from pa2e 41 Words underlined are added; words ctruck through are deleted. Words double underlined in red are 13 added; words double stfw€ll, tl;!r€llol!3f;! in red are deleted - both since 2-24-06 version. * *** **... *** ** * ** * ** * *...... ** *** *** **** * ** ** * ** * * *** I n d icat es b rea kin text **... **... **... ** * ** * * ** * **...... * *...... ** * **... * ** * **... * * *** * ** * * Immokalee Area Master Plan 3-23-06 The purpose of this designatiQn is to provide a Subdistrict for a low density residential district development. **************************************************************** 2. Mixed Residential SubDdistrict r revised title. relocated text. from pa2e 41 3. Hi2h Residential SubDdistrict r revised title and text. relocated text. from pa2e 41 The purpose of this designation is to provide fef a Subdistrict ef for high density residential development. ***************************************************************** 4. Nei2hborhood Center SubDdistrict r revised title. relocated text. from pa2e 61 5. Commerce Center Mixed Use SubDdistrict r revised title. relocated text. from pa2e 71 6. Planned Unit Commercial SubDdistrict r revised title. relocated text. from pa2e 81 7. Recreational Tourist SubDdistrict r revised title. relocated text. from pa2e 81 The purpose of this Subdgistrict is to provide centers for recreational and tourism activity that utilizes- the natural environment as the main attraction. The centers should contain low intensity uses that attract both tourists and residents while preserving the environmental features of the area. Uses permitted allowed within this Subdistrict include: passive parks,~ nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities (including: hotel/motel, rental cabins, bed & and breakfast establishments, and campsites,1 restaurants; recreational vehicles- parks; sporting and recreational camps; low-intensity retail uses; single family homes; agriculture; and these essential services as defined in the Land Development Code. Residential development is permitted at a density of less than or equal to four (4) dwclling residential units per gross acre, or less. Transient lodging is permitted at a maximum density of cight (8) ten (10) units per acre. Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The minimum acreage requirement for a PUD within this Subdgistrict shall be two (2) contiguous acres. Nonresidential Uses [relocated text, from page 4] Densitv Ratin2 System [new text] The Density Rating System is only applicable to areas designated Urban. Mixed Use District. as identified on the Immokalee Future Land Use Map. The Density Rating Words underlined are added; words ctruck through are deleted. Words double underlined in red are 14 added; words double strl,lgl: tfqr€ll,l~h in red are deleted - both since 2-24-06 version. ************** ****** *** ** * ** * ****** ****** ******1 nd icates break in text** * ***** *** ***** *** ************ * *** *** ******** **** Immokalee Area Master Plan 3-23-06 System is applicable to the Low Residential Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded. except for the density bonus provisions for Agffordable-::w~)fkforce l4bousing. Except as provided below. the final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone). Density achieved by right shall not be combined with density achieved through the rezone public hearing process. 1. The Densitv Ratio!! Svstem is applied in the followin!! manner: [new text] a. Within the applicable Urban designated areas. a base density of 4 residential dwelling units per gross acre is allowed. though not an entitlement. The base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for the project. the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage used for the calculation of density is exclusive of commercial portions of the project. except mixed residential and commercial uses as provided for in the C-l through C-3 zoning district in the Collier County Land Development Code. \'ia emHEtional W5%: and. portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. b. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwelling or accessory structures that are not intended and/or not deigned for permanent occupancy. and is not applicable to accessory dwelling or accessory structures intended for rental or other commercial use: such as accessory dwelling and structures include guest houses. guest suites. and the like. c. All new residential zoning located within the Mixed Use District shall be consistent with the Density Rating System. except as provided in Policy 5.1 of the Future Land Use Element. d. Within the applicable areas of the Mixed Use District. all properties zoned A. Rural Agricultural. and/or E. Estates. and/or RSF-1. 2. 3. Residential Single Family. for which an affordable workforce housing project is proposed and approved. in accordance with Section 2.06.00 of the Land Development Code (Ordinance 04-41. as amended, adopted June 22. 2004 and effective October 18. 2004). shall be permitted the base density of four (4) dwelling units per gross acre by right: that is. a rezone public hearing shall not be required. Such a proiect must comprise a minimum of ten acres. Density achieved by right shall not be combined with density achieved through the rezone public hearing process. Words underlined are added; words struok through are deleted. Words double underlined in red are 15 added; words double €itn"gl, tRrgf,j@11 in red are deleted - both since 2-24-06 version. ***** **** * *** *** ** ** *** ****** *** * * * *** *** **** ** I n d icates break in text********* ** * ********* * * ** ** ** * * * ** ** * ** * ****** * * * * Immokalee Area Master Plan 3-23-06 ~fJ€eial Prtrrisi8ftS [relocated text, from page 4] 2. !. Density Bonuses [relocated text, from page 4] a. Proximity to Neighborhood Center and Commerce 4,5] [deleted text, pages If 50% or more of a project is withifl a Neighborhood Center or the Commerce Ccnter Mixed Use District, thefl the maximum deflsity allov..ed vlithin the Neighborhood Centcr or Commercc Center Mixed Use District of tv..elve (12) units per acre can be averaged in with the density of the portiofl of the project outside of the Neighborhood Center for the entire project; hov..e'..er, appropriate buffering to adjacent lower ifltensity uses must be achie'..ed. D!!. Affordable-workforce Housim! Bonus. Bv Public Hearin2 [revised, relocated text, from page 5] To encourage the PQ.rovision of Ai;lffordable-workforce Ubousing within certain Subdistricts in the Urban Designated Area, as defined in the Housing Element wettltl aM a maximum of up to eight (8) d\velling residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable~workrorce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04.41. as amended. adopted June 22. 2004 and effective October 19. 2004). abovc the maximum density of the gilidistrict, ; however, no density may exceed sixteen (16) units per aere: This bonus may be applied to an entire project or portions of a project provided that the project is located within the Neighborhood Center (NC) Subdistrict, Commerce Center::Mixed Use (CC-MU) Subdistrict and all or any residential subdistricts. b. Affordable-workfol"Ce Housim! Bonus. Bv Ri2ht [new text] To encourage the provision of affordable-w()rkforce housing within that portion of the Urban Mixed Use District. properties zoned A, Rural Agricultural. and/or E. Estates. and/or RSF-l, 2. 3. 4. 5. 6. Residential Single Family and/or RMF-6, Residential Multi-Family. for which an affordable~~vorkf()rce housing project is proposed in accordance with the definitions and requirements of the Affordable, workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04-41. as amended. adopted June 22. 2004 and effective October 18. 2004). a maximum of four (4) residential units per gross acre shall be added to the base density of 4 dwelling units per acre. Therefore. the maximum density that may be achieved by right shall not exceed eight (8) dwelling units per acre. Such a project must comprise a minimum of ten acres. Density achieved bv right shall not be combined with density achieved through the rezone public hearing process. c. Residential Infill [deleted text, page 5] Words underlined are added; words ctruck through are deleted. Words doublel!.Qderl!f15'c:f in red are 16 added; words double otruQI, thrEll4~h in red are deleted - both since 2-24-06 version. * ****** ***** *** **** * * * * ** * * ** ** * * * ******** *** ** I nd icates break in text * ** * * * * *** * ****** *** * *** ** * * ** * * * ***** ** * * * * * * * * * * Immokalee Area Master Plan 3-23-06 To encourage residential in fill, three (3) residential d\velling units per gross acre may be added if the following criteria are met: the project is ten (10) acres or less in size; at the time of development, the project will be served by central public water and se'.ver; at least one abutting property is developed; the project is compatible \vith surrounding land uses; the property in question has no common site development plafl .....ith adjacent property; there is no common ownership "vith any adjacent parcels; and the parcel in question was not created to take advantage of the in fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. d. Roadway ........eeess [deleted text, page 5] If the projcct has direct access to two (2) or more arterial or collector roads or if there is project commitment for provision of interconnection of roads '.vith existing or future adjaccnt projects, one (1) rcsidential dwelling unit per gross acre may be addcd above the maximum density of the district. 3. . Maximum Densitv The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area. except when utilizing the Transfer of Development Rights (TDR) Chapter 2.03.07 of the Land Development Code. adopted by Ord. No. 91-102. as amended. ~ 4. Density and Intensity Blending [relocated text, from page 5.1] B. Urban - Commercial District Cemmereial DesigBatioR [revised, relocated text, from page 5.1] The purpose of this designation District is intcnded to accommodate a variety of commercial land uses... including neighborhood oriented commercial uses, commerce center uses, general highway commercial uses and commercial development within Planned Unit Developments (PUDs). Migrant blab or Gfamps are also permitted within the this Commercial designations. 1. Commercial SubDQistrict - S.R. 29 and Jefferson Ave. [revised, relocated text, from page 5.1] The purpose of this designation Subdistrict is to provide for retail, and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public~ Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts... as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. Words underlined are added; words strucl< through are deleted. Words double underlined in red are 17 added; words double strl;lElI( tRrEll;l~R in red are deleted - both since 2-24-06 version. ******* * ************************************ *** I ndicates break in text**************** ***** ************************* **** Immokalee Area Master Plan 3-23-06 A. The development criteria as eskililished contained in Section ~ 2.03.07.G.l of the Collier County Land Development Code must be met for future development within the Commercial Subdl}istrict along SR-29.l. as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N. B. The development criteria as established contained in Section ~ 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial Subdl}istrict along Jefferson Avenue as identified on Zoning Map 6933S. 2. NeigkhoFllOod Ceater District [reloeated text, fFOm page tJ to page 14] 3. CommeFee Ceater l\l1xed Use Distriet [reloeated text, from page 7 to page 15] 4. Plaaaed Uait Developmeat Commereial Distriet [reloeated text, from page 8 to page ItJ] Non-commercial Uses [relocated text, from page 8] 5. ReereatioaallToHrist Distriet page 1 tJ] [revised, reloeated text, from page 8 to The purpose of this District is to provide centers for recreational and tourism activity that utilizes the natural ell','ironment as the main attraction. The centers should contain 10\'; intensity uses that attract Qmh tourists and residents while preserving the en'lironmental features of the area. Uses permitted ~in this district include: passive parks,~ nature preserves; '.vildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities {including: hotel/motel, rental cabins, bed & breakfast establishments, ill!Q campsites,1 restaurants; recreational yehicles parks; sporting and recreational camps; 10'.'.' intensity retail ~; single family homes; agriculture; and thosc esscntial services as defined in thc Land Deyelopment Code. Residential development is permittcd at a density of less than or equal to four (4) d'v'.'elling units per gross acrc, or less. Transicnt lodging is pcrmitted at a maximum density of eight (8) ten (10) units per acrc. Rezoncs arc encouraged to bc in the form of a Planned Unit Developmcnt (PUD). Thc minimum acreage requirement for a PUD ~ this District shall bc t\yO (2) contiguous acrcs. Iadllstrial Designatioa: [revised, relocated text, from page 9] This designation is intended to accommodate a variety of industrial land uses such as Industrial, Commerce Center Industrial, and Business Parks. c. Urban - Industrial District Words underlined are added; words struok through are deleted. Words double underlined in red are 18 added; words double strlou.l, tt9f@!,l~h in red are deleted - both since 2-24-06 version. ****************** ***************** ******* *** ** I ndicates break in text***** * **** * **************** ****** **** ********* **** Immokalee Area Master Plan 3-23-06 1. Industrial SubdDistrict [revised, relocated text, from page 9] The purpose of this designation Subdistrict is to provide for industrial type uses~ including~ airports; these uses related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage, computer and data processing, business services;, limited commercial uses, such as child care centers, aHd restaurants and other basic industrial commercial, uses... but not including except retail uses, as described in the Land Development Code for the Industrial and Business Park Zoning Districts; and, vehicle racing, subject to conditional use approval. Accessory uses and structures customarily associated with the uses permitted allowed in this Subdistrict, includ~ffig. but are not limited to, offices, and retail sales~, campgrounds accessory to vehicle racing; and, campgrounds accessory to special events at the airport, such as air shows and structures 't..hich are customarily accessory and clearly incidental and subordinate to pcrmitted principal uses and structures are also permitted. 2. Commerce Center - Industrial SubdDistrict [revised, relocated text, from page 9] The purpose of this designation Subdistrict is to create a major Activity Center that serves the entire Immokalee Urban Designated Area and surrounding agricultural area~. The Commerce Center-Industrial SubGgistrict shall function as afl major employment center and shall encourage for industrial and commercial uses as described in the Land Development Code for the Commercial (C-] through C-5), Industrial and Business Park Zoning Districts. This Subf)district includes the Immokalee Farmers Market and related facilities. The Subf)district also permits Hhigher intensity commercial uses~ including packing houses, industrial fabrication operation~ and warehouses shall be permitted within this District. Accessory uses and structures customarily associated with the uses permitted allowed in this Subdistrict, includ~ffig, but not limited to, offices, and retail sales, and structures 'vvhich arc customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permittcd allowed. 3. Business Park SubdDistrict [revised title, relocated text, from page 9] Non-Industrial Uses [revised, relocated text, from page 10] Essential services as defined in the Land Development Code are allowed within the Industrial Designation. In addition to those industrial uses permittcd 'vvithin the Industrial Designation, uses such as those essential services as defined in the Land Deyelopment Code are permitted. Overlays and Special Features [revised, relocated text, from page 10] Words underlined are added; words Etruok through are deleted. Words double underlined in red are 19 added; words double Gtrlil€lk tf;;!relil~1;J in red are deleted - both since 2-24-06 version. ** * *** * * '* * ** * * * * * * ** * * * * * * *** *** ** * * *** *** * * ** *1 nd ica tes b rea kin text * * * * * * ***** * ** ** ** *** * ** * * 'fir * ** * * * * * ** '* ** * ** * * * *** * Immokalee Area Master Plan 3-23-06 1. Urban Infill and Redevelopment Area The Urban Infill and Redevelopment Area is consistent with criteria outlined in Section 163.2514(2) (a)-(e), Florida Statutes. The intent of this delineation is to comprehensively address the urban problems within the area consistent with the goals of this plan. This designation is informational and has no regulatory effect MAP CHANGES: Immokalee Area Future Land Use Map: a) Reformat map and legend consistent with the countywide FLUM as follows: Remove/delete map labels, except for major roadways; remove/delete densities and Districts' abbreviations from map legend; remove/delete Districts and replace with Subdistricts; categorize Subdistricts into three groups - Mixed Use, Commercial, or Industrial; and, add a new heading "Overlays and Special Features" on the map legend. b) As reouired bv Policy 6.2.4 (41 of the CCME, add a man lel!end notation "wetlands connected to Lake Trafford/Camn Keais Strand svstem" and corresDondim! identification of the wetland area on the map. EAR-lAMP CCPC Final 3-22-06 G: Comp, EAR Amendment Modifications, CCPC Final mm-dw/3-22-D6 Words underlined are added; words struck through are deleted. Words double underlined in red are 20 added; words double GtruGI: tRr@ugh in red are deleted - both since 2-24-06 version. *** * ** * * * *** * ** *** ** *** ** ** * * * * *** * *** * ** ** * * ** I n d ica tes break in text * * *... * * * *** * ** *** * ** * * ** *** * * * * * * * * ** ** **** **** * * ** IU o m IX IU II) N \-"'" \\ IX ~\ 4:\ ~\ --------.------- .__.._---,._~_.__.- - ~ ~ :' I , ~ Q ;1.1 ~ ' .~I ~~ I;;~~I. ~ IW1ilH I~ II il 'I h i ~ ~ il ~ .., ~ ~ ,!.I .... i II'JI liIa ~ > g" I" ; ~ ll! ~ll ~ a m! ! ~ ~ iJ: 'i > "" Ii ~ a ..~ ' ..'~ I~ I h~ il i · ~ ~ l!~ t l~ ~~ i~~ ;1 II I ~ i~ I ~~. '..~. ! ~.~~ !iil _ D Z! ~ ;;~ ISJ D D - 0 , ! , 7., ~ / llte '''.:J /^\ /, \ ---I r----'\ \ ./ l~__-- z 0 in 5 is ~ w 0 5 ~ ~ ~ :l; ~ ~ ~ " >- / .:; :l; I "- 0 ! ~ 0", t> z " ~~ 0< 00 o~ ~ Ii II ~ ~ ;;;- ~ - ~ i i !F ~ Nil I ~ ~ g ~-: z , , , , 'i I ; ; ~ HI ~ I ~ I 5 9., .L 5 "., .L a. ~ .c :i D~~-' w In ::>> DL-.,,_-__.--1L C Z IU c( en ..J N IX W a:: ::>> I- ::>> u. w W ..J .c ~ 0 :i :i Economic Element 3-23-06 Policy l.-3.12: [Renumbered text, page 3] Policy 3.13: [New text, page 3] Collier County will continue to support programs designed to ensure the availability of the infrastructure needed for advanced telecommunications and high technology. Policy 3.14: [New text, page 3] Collier County has adopted aHa SHall maiHtaiH a comprehensive program of economic incentives that are designed to attract new businesses and develop the local workforce for such businesses. These incentives include: a. An impact fee payment assistance program for either new or expanding targeted industries: b. A job creation investment program for the relocation or expansion of targeted industries: c. A property tax stimulus program providing payments to offset the costs associated with the relocation and/or expansion of targeted industries: and, d. An advanced broadband infrastructure investment program, which provides payments to businesses that are either installing or expanding broadband communications systems. Policy 3.15: [New text, page 3] Collier County has adopted and shall maintain an impact fee deferral program for owner- occupied, single-family homes constructed within the Immokalee Enterprise Zone. The purpose of this program is to encourage the retention of a permanent resident population of homeowners within the Immokalee Community. Policy 1.3.HI6: [Renumbered text, page 3] OBJECTIVE M: (Nonprofit and Civic Oreanizations and Local GroupslProerams) [Renumbered text, new text, page 3] Policy M.l: [Renumbered text, page 3] Policy M.2: [Renumbered text, page 3] Policy M.3: [Renumbered text, page 3] OBJECTIVE 1.5: (Expansion and Development of Educational Facilities and Proerams) [Renumbered text, new text, page 3] Policy 1.5.1: [Renumbered text, page 3] Policy 1.5.2: [Renumbered text, page 3] Words underlined are added; words struck through are deleted. Words double underlined in 3 red are added; words double 8truol~ through in red are deleted - both since 2-23-06 version.