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Resolution 2002-127 RESOLUTION 02-....liL A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO: THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99- 02 (DOAH CASE NO. 98-0324GM). THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA. Whereas, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and Whereas, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and Whereas, on December 24, 1997 the Department of Community Affairs (DCA) issued'its Notice and Statement of Intent to find the County's EAR-based amendments, and to find certain of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance as defined by Section 163.3184(1 )(b), Florida Statutes; and Whereas, following a hearing the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and Whereas, the Administration Commission on June 22, 1999 found the EAR-based amendments not in compliance and entered a Final Order directing Collier County to perform a 3 year Rural and Agricultural Assessment of the Growth Management Plan to identify measures to protect agricultural areas, direct incompatible land uses away from wetlands and upland habitat and assess the growth potential of the area; and Whereas, the Final Order provides that the County may conduct the Assessment in phases; and Whereas, the County has divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area; and Whereas, on August 3 and September 14,1999 the BCC created the Rural Fringe Area Oversight Committee (RFAC) to assist in the assessment of the area of the County commonly referred to as the Rural Fringe Area; and Whereas, the RFAC, with the collaboration of the public, and county planning and environmental staff have completed the Assessment for the Rural Fringe Area and have developed amendments to the County's Growth Management Plan; and Whereas, the Collier County Planning Commission has considered the proposed Rural Fringe Assessment Area Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said Rural Fringe Assessment Area Amendments to the Board of County Commissioners; and Whereas, upon receipt of Collier County's proposed Rural Fringe Assessment Area Amendments, the DCA will review the Rural Fringe Assessment Area Amendments as set forth in Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Rural Fringe Assessment Area Amendments and any maps related thereto attached hereto and incorporated by reference herein as composite Exhibit A for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of such Amendments prior to final adoption and State determination of compliance with the Final Order of the Administration Commission, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS Resolution adopted after motion, second and majority vote. Done this'*''x'J;;~i(,, day of //')~ ,2002 ATTEST:," BOARD OF COUNTY COMMISSIONERS DWIGH%'i::.'. ~;~,. l'~, Clerk COLLIER COUNTY. FLORIDA BY~~. ~~~~ BY: ~[~ as ~o~H~(~"s ' N. OOLETTA, Ohairman SApproveaJ~,~ a~rorm and legal sufficiency: Marjorieq~l. Student, Assistant County Attorney 2002 Resolution/Rural Fringe Area Assessment/June 22, 1999 Administration Commission's Final Order COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub-Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub-Element Symbol DATE AMENDED ORDINANCE NO. ** October 28, 1997 Ordinance No. 97-58 ** This is the EAR-based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. ~-~ * Indicates adopted portions Note: the support document will be updated as current information becomes available. Words str'..'ck through are deleted; words underlined are added 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, and all internal irrigation systems shall remain in private ownership and master metered by the County. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only.' in the Designated Urban Area, and in Receivinq and Neutral Lands within the Rural Frinqe Mixed Use District, all of which are depicted on ef the Future Land Use Map, .~l~mo,",t of thls PI3,",, and all of which are identified as within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element or within the Rural Transition Water and Sewer District Boundaries on Map PW-3 of the Potable Water Sub-element; in Sending Lands within the Rural Frinqe Mixed Use District when Density Blendinq is utilized, as provided for in the Density Rating System of the Future Land Use Element; 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: The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure 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 DER permits. Policy 1.5.3 Under criteria may be eli,qible for central sanitary sewer service from Collier County Utilities, or a private sector/independent district, within the Receivinq Areas identified on the Rural Transition Water and Sewer Map (PW-3) of the Potable Water Sub-element, subiect to availability. Qualif¥in.q criteria will be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Manaqement Elements of the Plan to obtain preservation standards established for environmentally sensitive lands in the Sendinq Areas of the Rural Frinqe Mixed Use District. Criteria for central sanitary sewer service eli.qibility may include, but are not limited to, plans for development which utilize creative plannin.q techniques such as clusterinq, density blendin.q, rural villa.qes, and TDRs from identified environmentally sensitive areas. Criteria for eliqibility may be amended and additional Sendinq and Receiving Lands may be desi.qnated in the future. SS - 6 Words Struck throu.3h are deleted; words underlined are added COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Symbol DATE AMENDED ORDINANCE NO. ** October 28, 1997 Ordinance No. 97-57 ** This is the EAR-based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. * Indicates adopted portions Note: the support document will be updated as current information becomes available. Words -* .... ~- *~' ..... ~' are deleted; words underlined are added ..... Policy 1.4.6: At such time as excess effluent is available, permit construction and connection of dual water systems to the County's effluent transmission system (i.e., separate potable water and treated wastewater effluent) in new subdivisions when the construction and or connection of a dual water system will not negatively impact the potable water systems regulatory compliance or operation. Policy 1.4.7: By January 1998 complete a study to determine the feasibility of using treated effluent to create a salinity barrier to reduce the potential for salt water intrusion in to the County current and future wellfields. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, and in Receiving and Neutral Lands within the Rural Frinqe Mixed Use District, all of which are depicted on ef the Future Land Use Map, F!cmc,qt cf thls Pla,",, and all of which are identified as within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element or within the Rural Transition Water and Sewer District Boundaries on Map PW-3 of the Potable Water Sub-element; in Sending Lands within the Rural Frinqe Mixed Use District when Density Blending is utilized, as provided for in the Density Rating System of the Future Land Use Element; 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: The County will discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Policy 1.5.3 Under criteria may be eligible for central potable water service from Collier County Utilities, or a private sector/independent district, within the Receivinq Areas identified on the Rural Transition Water and Sewer Map (PW-3) of the Potable Water Sub-element, subject to availability. Qualifying criteria will be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the Plan to obtain preservation standards established for environmentally sensitive lands in the Sendinq Areas of the Rural Frinqe Mixed Use District. 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 villa.qes, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sendinq and Receivinq Lands may be designated in the future. PW - 6 Words Struck thrcu.3h are deleted; words underlined are added I R~E I R~E I R~E - RURAL TRANSITION WATER & SEWER DISTRICT MAP PW-3 (this is a new map) PW-8 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. ** May 9, 2000 Ordinance No. 2000-25 *** May 9, 2000 Ordinance No. 2000-26 (I) May 9, 2000 Ordinance No. 2000-27 (11) May 9, 2000 Ordinance No. 2000-30 (111) May 9, 2000 Ordinance No. 2000-33 (IV) December 12, 2000 Ordinance No. 2000-87 **** March 13, 2001 Ordinance No. 2001-11 (V) March 13, 2001 Ordinance No. 2001-12 ** Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). *** Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal Management Element (Ord. No. 97-66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97-67); and re-adopts Policy 2.2.3 of the Golden Gate Area Master Plan. * Indicates adopted portions Note: The support document will be updated as current information becomes available. **** Scrivener's Ordinance correcting omissions on Flue Map (V) Plan Amendment CP-2000-3,4,5,7 & 11 by Ordinance No. 2001-12 on March 13, 2001 Words ~ .... ~' ~' ..... ~' ............. ~.~ are deleted; words underlined are added. 1 TABLE OF CONTENTS Page SUMMARY ~ I. OVERVIEW 3~_ A. PURPOSE 3~_ a. BASIS 3~_ C. UNDERLYING CONCEPTS 3-65_- Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attainment of High Quality Urban Design Improved Efficiency and Effectiveness in the Land Use Regulatory Process Protection of Private Property Rights D. SPECIAL ISSUES 7--9- 1../1 Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights E. FUTURE LAND USE MAP 81--1 II. *IMPLEMENTATION STRATEGY * GOALS, OBJECTIVES AND POLICIES ~n ~,,~-~ * FUTURE LAND USE DESIGNATION DESCRIPTION SECTION -1-7-4-1-21- s_9 Urban Designation Density Rating System Agricultural/Rural Designation Estates Designation Conservation Designation Overlays and Special Features * FUTURE LAND USE MAP SERIES 44 6._90 *Future Land Use Map *Mixed Use & Interchange Activity Centers *Properties Consistent by Policy (5.9, 5.10, 5.1 1) *Natural Resources - Wetlands (I)* Wellhead Protection Areas (IV)* Bayshore/Gateway Triangle Redevelopment Overlay Map -- Support Document: ............. =~ are deleted; words underlined are added. 2 Public Facilities Natural Resouroes - Waterwells, Cones of Influence River, Bays, Lakes, Floodplains, Harbors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) Soils III, SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) Words ~ .... ~- ~m ..... ~ ............. ~.. are deleted; words underlined are added. 3 SUMMARY The Future Land Use Element includes three major sections: Overview, Implementation Strategy, And Land Use Data and Analysis. The Overview simply provides an introduction as to the purpose, basis, underlying concepts and special issues addressed by the Element. The Implementation Strategy is where the Element is brought into effect. Included are the Goals, Objectives, Policies and Future Land Use Map. The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, Florida Administrative Code, minimum requirements for the Future Land Use Element. Words ~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 4 I. OVERVIEW A. PURPOSE The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for: protection and management of natural resources;public facilities~_L coastal and rural development~; and, housing and urban community character and design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose of the Future Land Use Element is to guide decision-making by Collier County on regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a strategy for provision of public facilities as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan, and with the strate.qies to protect and conserve natural resources as found in the Conservation and Coastal Mana.qement Element. B. BASIS This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strate.qy for the protection of natural resources and a.qri-business in Rural Frinqe Mixed Use District, and in Secondary Sendin.q Lands, by employin.q various requlations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of a.qri-business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and content of the Element. Finally, major contributions to this Element have been provided by the public through the following: · Collier County Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, · The Rural Frinqe Area Oversiqht and Eastern Lands Area Oversi.qht Committees; · The Environmental Advisory Council; · 'l'the Collier County Planning Commission, which is the local planning agency,;, and, Words ~ .... ~' ~-~ .....~ ............. ~.. are deleted; words underlined are added. 5 · Other groups and individuals, through both written and verbal input, at, or as a result of, hundreds of duly advertised public workshops and meetings. C. UNDERLYING CONCEPTS The land use strategy established by this Element is based on a series of concepts, which emerge from the foundation cited earlier. The policy direction and implementation mechanisms closely relate to these underlying concepts. Protection of Natural Resource Systems Collier County is situated in aw unique, sensitive and intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna, including many species that are Federally and/or State listed, warranting special protection; extensive and highly productive estuarine systems; and= many miles of sandy beach. In addition to their habitat value, :l:these natural resources perform functions ';;hlch that are vital to the health, safety and welfare of the human population of the County, and serve as a powerful magnet to attract and retain visitors and residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is management of natural resources on a system-wide basis. The Future iL. and Use Element is designed to protect and manage natural resource systems in several ways=.: · Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. · Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations (LDRs}, !and altcratlcn and construction development is guided to the portions of the property that is of lesser environmental quality, ,moro tolerant to ~m~4e~, thus, in effect, constituting an on-site transfer or clusterinq of development rights. Also, · A broader "off-site" Transfer of Development Rights (TDR) provision, set forth in this Element and primarily applicable to the Rural Fringe Mixed Use District '~,~"'~,~ D~wlcpm~nt .r"...~.....v.'"*~""",~ is a key component of the County's overall strategy to direct incompatible land and uses away from important natural resources, including large connected wetland systems and listed species and their habitat. · An Area of Critical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. · The County has designated several interim Natural Resource Protection Area (NRPA) overlays as permanent NRPAs, which are intended to maintain the connection between, and the preservation of, large connected wetland systems and critical habitat areas for listed species by allowing very limited land uses and through high native vegetation preservation standards and buffers from adiacent land uses. These permanent NRPA Words ............. ~., are deleted; words underlined are added. 6 overlay areas are primarily located within the Rural Fringe Mixed Use District where these large connected wetlands systems and habitat areas occur. · The County's Land Development Regulations provide standards for protection of groundwater, particularly in close vicinity to public water supply wells ~ b_y implementing policies set forth in the Natural Groundwater Aquifer Recharge Element. · Natural resources are also protected throuqh close spatial and temporal coordination of land development with the availability of adequate infrastructure (public or private facilities) to ensure optimized accommodation of human impacts, particularly in relation to water supply, sewage treatment, and management of solid waste. This coordination is accomplished through the provision of public facilities as detailed in the Capital Improvements and Public Facility Elements and throuqh the Level of Service Standards (LOS) found herein. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural discharge to estuaries. The watershed management plans will have implications for both water management and land use practices. I,-,,-,,-4 ,,I ....I ..... ~-,.,;~.1~ ~.~, ..... ;1~1,-,;I;~.,, ,-,.F ,~,4 ..... ~.~, ;,-,f,.,-~e-~. .... ', .... I,.',, ,l~l; ..... ;'"'~""~ facR!tlcc) to Coordination of Land Use and Public Facilities At the heart of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through L-evel-ef Scrv!co LOS Sstandards. The ~ LOS Sstandards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding; o':ol of So,":ico LOS Sstandards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvements and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the $standards serve to assure the availability of adequate facilities,_whether public or private. The Urban Service Area concept manifested in this Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are primarily concentrated for the provision of Words ~ .... :- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 7 roads, water supply, sewage treatment and water management. A!cc, Never-the-less, facilities and services such as parks, gcv:rnm:nt~,~,,~,, ~'' ,i,,~;,,,,o,u~, schools, ~,""'~,~ emergency and other essential services, and improvements to the existinq road network ..... ;'"'"';"' '"""*"'~ wlthln ' '-~'"" n,,,.i,,,,.,,,,,~ ^ .... are anticipated Qoutside of the Urban Designated Areas, primarily within the areas known as North Golden Gate Estates and the Rural Frinqe Mixed Use District. In the case of desiqnated Receivin.q Lands within the Rural Frin.qe Mixed Use District, in order to protect natural resources and private property rights, extension of central sewer and water is permitted in order to: support the TDR program; allow for maximum utilization of clusterin.q of allowable residential density; foster the development of rural villaqes; and, as an incentive to encouraqe the use of other innovative plannin.q techniques. '"'-",,' ...... ""*'-"'";*,, ,",o," ....... ~",'-,~*'-'~ '--"-*-~ .... * .... '~ ....... It is important that the Urban Designated Area not be so large that public facilities cannot be efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely limited with resultant lack of site selection options and competition leading to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. Management of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt-water inundation from tropical storms or hurricanes. It is extremely important that an acceptable balance between at-risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. This issue is addressed here and in the Conservation and Coastal Management Element through several measures. A Coastal Management Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal Management Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patterns of density. A Coastal High Hazard Area is identified in Conservation and Coastal Management Element and policies are provided. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Provision of Adequate and Affordable Housin.q An emerging issue in Collier County is the availability of adequate and affordable housing for Iow and moderate-income populations. The Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. Attainment of Hiqh Quality Urban Desi.qn Words -~ .... ~' ~-~' ..... ............. ~.. are deleted; words underlined are added. 8 The report of the Regional/Urban Design Team for the Naples area, dated April 1987, and subsequent recommendations of the R/UDAT Citizen Committee, provide another underlying concept. While the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources, thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use Element provides several additional measures. Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant overall traffic circulation) level and it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to adopt standards for road access has been accomplished through the Access Control Policy adopted by Resolution and the Access Management Plans for Mixed Use Activity Centers included in the Land Development Regulations. The Future Land Use Element includes improved Iocational criteria for commercial development. The Mixed Use Activity Centers are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element committed to the completion of such plans for two roadways initially and to extend the concept to other roads in the future. The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landscaping, signage, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to achieve that theme. The City of Naples and Collier County have cooperated on the first roads to be treated with this approach. The Streetscape Master Plan adopted by the Board of County Commissioners identifies appropriate landscaping treatments for the different corridors in the County. Collier County has also adopted Design Standards for all commercial development into the Land Development Code. These development standards include building design, parking lot orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards will provide for quality development that is responsive to the Community's character. Improved Efficiency and Effectiveness in the Land Use Requlatory Process Attention has been devoted to improving the land use regulatory process through straightforward requirements and procedures. This has led to the style and structure of this Plan; a reorganization of the development review process; and the compilation of all Land Development Regulations into a single, unified Land Development Code. Protection of Private Property Ri,qhts Important to every facet of this Element is maintenance of a careful balance between private property rights and the general public interest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; fair; based on the health, safety and welfare of the public; and that due process is provided. Of particular importance is the issue of vested rights, which is addressed later in this Overview. Words -~ .... ~- ~-~' ..... ~ ............. ~.. are deleted; words underlined are added. 9 D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planninq It is important that the time frames of land use planning and public facilities planning be coordinated. During the development of the Urban Area Buildout Study it became clear that an incongruity existed in that under the1989 Collier County Comprehensive Plan, enough land in the western coastal area was designated Urban for approximately 275,000 dwelling units (inclusive of the City of Naples) with a population of 458,000, with buildout occurring between 2019 and 2046, depending on the growth rate of the County. Of this, approximately 120,000 dwelling units were built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough land had been included for approximately 39,000 dwelling units with a build-out time horizon of 2105. These buildout time frames are contrasted by the time frames for public facility planning which are at 10 years for all facilities except roads where a 2020 financially feasible plan exists for the County. The 2020 plan is designed to accommodate approximately 246,500 dwelling units and a population of 393,100 (inclusive of the City of Naples). As previously discussed, Level of Service Standards for public facilities which are binding on land development are adopted for roads, water supply, sewage treatment, water management, parks and solid waste. Of these, the first are most closely tied to the development of a property - adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water management is regulatory - a level of on-site storm flood protection is required. In the case of water and sewer, the County has provided utility systems, which are substantial and expanding. Thus, the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: An internally inconsistent Plan; Failure to reserve adequate right-of-way at time of zoning; Condemnation of land after zoning or after development in order to obtain adequate right of way; - Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards; and Progressive lowering of Level of Service Standards. The Comprehensive Plan responds to the time frame discrepancy through immediate action and through process oriented commitments. First, the Traffic Circulation Element includes an Objective to coordinate with the Future Land Use Element and a policy to complete long range transportation planning. The Urban Area Buildout Study was prepared to assist in the development of a long range "vision" of the Coastal Urban Area with a specific focus on the infrastructure improvements needed to accommodate the Urban area's potential growth based on the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the urban area population while Phase II was an analysis of infrastructure needed to accommodate that population. Second, the Density Rating System has been adjusted to Words struck tkrough are deleted; words underlined are added. 10 -..- moderate maximum permissible densities in areas subject to long range congestion. Third, commercial development opportunities in the form of Mixed Use Activity Centers are provided to include a mixture of uses which has the potential to lessen the impact on the transportation system. Fourth, the Level of Service Standards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation Program has been established and implemented which reviewed and modified, where possible, zoning with a higher density or intensity than provided for in the 1989 Comprehensive Plan. The areas identified as subject to long range traffic congestion consist of the western coastal Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination was the 2015 Transportation Plan which forecasts future land use based on existing development, potential development and population projections. The land use forecasts are the basis for projected unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. The 2020 Financially Feasible Road Plan, as well as the Needs Assessment Plan, which represents buildout of the Urban Area, have not met with public acceptance. Therefore, the strategy discussed above is promoted, which include: extend time frame of transportation planning; moderate maximum permissible densities in areas subject to long range congestion; provide commercial development opportunities which serve to modify the overall traffic circulation pattern; and re-evaluate existing zoning. Level of Service Standards Standards for adequate service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, the major purpose for inclusion in this Element is to serve as a regulatory tool. Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual Certification of Adequate Capacity; Water Management - Project-Specific Regulatory Requirement; Sewage - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); and Roads - Project-Specific Capacity Test. Words -~ .... ~- ~-~ ..... ~' ............. ~.~ are deleted; words underlined are added. 11 ,-- It is recognized that difficulties may arise in situations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with State Roads running through the County; with independent and City of Naples water and sewer districts within the County; and conversely, with County Roads running through the City of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service Standard with the "funding" Level of Service Standard. However, if there is a failure by the service provider, adjustment to the regulatory effort may be forced. For example, if the State Department of Transportation allows a road to fall below its "funding" standard, (which is the same as the County's "regulatory" standard) and there is no commitment to accelerate funding and construction, four options are available: A moratorium may be imposed but may not be sustainable if there is no commitment to improve the road by a definite and reasonable time; The County may improve the road; The private sector may improve the road; or The regulatory Level of Service Standard may be lowered through a Comprehensive Plan amendment process. Vested Riqhts The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting development trends and resultant facility needs; with regard to transportation planning time frames and right-of-way needs; and with regard to approved but unbuilt commercial zoning (C-1-C-5 and PUD) in 1995 which found that of the approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43%, are developed. This Comprehensive Plan responds to the vested rights issue by establishing a program which reviewed all previously approved zoning. Within three years after Plan was adopted, all zoning was reviewed. If it is was determined to be inappropriate and is not vested, the zoning was adjusted to an appropriate classification. Annually thereafter, zoning will be re-evaluated on the fifth anniversary of its approval as identified in the Land Development Regulations. (See Appendix C of the Support Document for a complete discussion of the vested rights issue). E. FUTURE LAND USE MAP The Future Land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed-use categories are used to generally describe the character of allowed development. Within each of these categories, a range of uses arc is permitted based upon specific standards as described in the Designation Description Section of this Element. These uses include residential, commercial, industrial, agricultural, recreational, conservation, educational, community, and public facilities. The Future Land Use Map series includes additional map series: Future Land Use Map - Mixed Use Activity Centers and Interchange Activity Centers Future Land Use Map - Properties Consistent by Policy (5.9, 5.10, 5.11) Future Land Use Map - Natural Resources: Wetlands; The following Future Land Use Maps are located in the Support Document: Future Land Use Map - Public Facilities, which shows existing and planned public facilities; Words ~ .... ~' ~ ..... ~ ............. ~.. are deleted; words underlined are added. 12 Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays, Lakes, Floodplains, Harbors and Minerals (this map also shows those properties proposed for public acquisition by the State Department of Environmental Protection Conservation and Recreational Lands Program (CARL) and the South Florida Water Management District's Save Our Rivers Program); Future Land Use Map - Natural Resources: Soils. Words ~ .... ~- ~-~ ..... ~ ............. ~.. are deleted; words underlined are added. 13 II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE 1: Unless otherwise permitted in this Growth Management Plan, 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 Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 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. Traditional Neighborhood Design Subdistrict (11) 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict (V)10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict (V) 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict Policy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: Words ~ .... ~' ~ ..... ~' ............. ~., are deleted; words underlined are added. 14 A. AGRICULTURAL/RURAL- MIXED USE DISTRICT 1. Rural Commercial Subdistrict B. RURAL FRINGE MIXED USE DISTRICT B,C. RURAL- INDUSTRIAL DISTRICT CD. RURAL- SE'I-I'LEMENT AREA DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. ^ ..... ~ "'""~ ...... t'~ '" ...... '"' .... "~" North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Airport Noise Area Overlay (IV)_.E. Bayshore/Gateway Triangle Redevelopment Overlay OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capacity. Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. OBJECTIVE 3: Words ............. ~.. are deleted; words underlined are added. 15 .--.--- Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the following provisions: a. The 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. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in the Rural Frinqe Mixed Use District and lands desiqnated as Secondary Sendinq part through various Land Use Desi,qnations that restrict hiqher intensity land uses and require specific land development standards for the remaininq allowable land uses and throu,qh the adoption of permanent NRPA Overlays and integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code. This shall also be accomplished throu,qh re,qulations such as minimum open space and native ve,qetation preservation requirements, and/or throu,qh incentives that encoura,qe the use of creative land use -- planning techniques and innovative approaches to development in the County's A.qricultural/Rural Desi.qnated Area. c. Drainage and stormwater management shall be regulated by the implementation of the South Florida Water Management District Surface Water Management regulations. (I) 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. Regulate signage through the Sign Ordinance, which shall provide for frontage requirements for signs, shared signs for smaller properties, definitions and establishment of an amortization schedule for non-conforming signs. f. The safe and convenient on-site traffic flow and vehicle parking needs shall be addressed through the site design standards as well as site development plan requirements which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, landscaping and buffering criteria. Words ~ .... ~' ~-~' ..... ~ ............. ~.. are deleted; words underlined are added. 16 --- g. Ensure the availability of suitable land for utility facilities necessary to support proposed development by providing for a Public Use Zoning District for the location of public facilities and other Essential Services. h. The protection of historically significant properties shall be accomplished, in part, through the adoption of the Historic/Archaeological Preservation Regulations which include the creation of an Historic/Archaeological Preservation Board; provides for the identification of mapped areas of Historic/Archaeological probability; requires a survey and assessment of discovered sites; and provides a process for designation of sites, structures, buildings and properties. i. The mitigation of incompatible land uses with the area designated as the Naples Airport Noise Zone shall be accomplished through regulations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Map; recording the legal descriptions of the noise contours in the property records of the County and through an inter-local agreement to notify the Naples Airport Authority of all development proposals within 20,000 feet of the airport which exceed height standards established by the Federal Aviation Administration. j. No development orders shall be issued which are inconsistent with the Growth Management Plan, except for where a Compatibility Exception or Exemption has been granted or where a positive Determination of Vested Rights has been made pursuant to the Zoning Reevaluation Program. Policy 3.2: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91-102). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through streamlining procedures. OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban ,design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. Alt future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Policy 4.2: A detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housing, Urban Design, Land Development Regulations and other considerations. Major purposes of the Master Plan shall be coordination of land use and Words ~ .... ~' ~-~ ..... ~ ............. ~., are deleted; words underlined are added. 17 transportation planning, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the community's character. Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4.34: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. The Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. Policy 4._4,S: An Industrial Land Use Study has been developed and a summary incorporated into the support document of this Growth Management Plan. The study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and Iocational criteria. Upon completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. Policy 4._56: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plans is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized 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 Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. Words struck through are deleted; words underlined are added. 18 ~-- d. Lots, parcels, and subdivisions, which 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 that the above-mentioned standards (a. - c.) are complied with. Policy 4._6-7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.7_8: Maintain 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. (I) Policy 4._89 Prepare a Rural and Agricultural Area Assessment, or any phase thereof, and adopt plan amendments necessary to implement the findings and results of the Assessment, or any phase thereof, pursuant to the Final Order (AC-99-002) issued by the Administration 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 Areas on the Future Land Use Map are described in detail in the Agricultural/Rural Designation Description Section. (I) Policy 4._9-1-0 Public participation and input shall be a primary feature and goal of the planning and assessment effort. Representatives of state and regional agencies shall be invited to participate and assist in the assessment. The County shall ensure community input through each phase of the Assessment which may include workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Committee and the Collier County Planning Commission in each phase of the Assessment. OBJECTIVE 5: Words ~ .... ~' ~-~' .....~ ............. ~.. are deleted; words underlined are added. 19 In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protectinq private property ri.qhts, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. Policy 5.1: All rezonings 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-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased. Policy 5.2: All proposed development shall be reviewed for consistency with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners shall not be permitted. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by:confining urban intensity development to areas designated as Urban on the Future Land Use Map~;.~,""'~,. ~,~"' requiring that any changes to the Urban Designated Areas be --- contiguous to an existing Urban Area boundary,; and by encouragin.q the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Desi.qnated Area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91-102, adopted October 30, 1991, as amended. Policy 5,5: Encourage the use of e-~ land presently z-erm~ designated for urban intensity uses before desi.qnatin.q t~ '~ .... ' .... ...... ~. .... ,qt el-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 --'c,qcd lands desi.qnated for urban intensity uses, the Rural Settlement District (Oran.qetree PUD), and the Rural Frin.qe Mixed Use District before servicing cthcr new areas. Policy 5.6: Permit the use of clustered residential development hc'JCi,",.~, Planned Unit Development techniques, mixed-use development, rural villa.qes, new towns, satellite communities, transfer of development riqhts, agricultural and conservation easements and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and Words ~ .... ~- ~ ..... ~' ............. ~** are deleted; words underlined are added. 2o amend the zoning and subdivision regulations as necessary to allow and encouraqe such innovative land development techniques. Policy 5.7.' Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Policy 5.8: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991) and consistent with the Iocational 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: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re-evaluation Program described in Policy 3.1 K, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: Properties for which exemptions based on vested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re-evaluation Program established pursuant to Policy 3.1 K, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. 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. Policy 5.11: Properties 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 Properties rezoned under the former Industrial Under Criteria, or with the provision contained in the former Urban-Industrial District which allowed expansion of industrial uses adjacent to lands designated or zoned Industrial 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. Words ~ .... ~- Pm .... ............. ~h are deleted; words underlined are added. 21 (I) Policy 5.13 The following properties identified by Ordinance #98-82; 98-91; 98-94; 99-02; 99-11; 99-19; 99- 33; and 2000-20; located in Activity Centers #1,2, 6, 8, 11 & 18 were rezoned pursuant to the Activity Centers boundaries designated in the 1989 Comprehensive Plan, as amended. Those properties were rezoned during the interim period between 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 Use Element not "in compliance". Those properties, identified herein, which have modified the boundaries of the 1997 Activity Centers are deemed consistent with the Future Land Use Element. Words ~ .... ~- ~ ..... m ............. ~ are deleted; words underlined are added. 22 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: (IV) a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan contained in the Land Development Code); 4. Child care centers; (I) 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; 6. Safety service facilities; 7. Utility and communication facilities; 8. Earth mining, oil extraction, and related processing; 9. Agriculture; (V)10. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; Words ~ .... ~- ~ ..... ~' ............. ~.. are deleted; words underlined are added. 23 (b) The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses. 11. Support medical facilities such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominant use is medical related and located within ~,~ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. (II)(IV)(V)12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict and Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, and Interchange Activity Center Subdistrict, and Livingston/Pine Ridge Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use. 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (IV) 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as permitted in the Bayshore/Gateway Triangle Redevelopment Overlay. 16. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. Words ~ .... ~- ~-~ ..... ~' ............. ~.. are deleted; words underlined are added. 24 This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policy 11.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. Port of the Islands is a unique development, which is located within the Urban Designated Area, - but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. (IV) 2. Urban Coastal Frin,cle Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier-Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent Words ~ .... ~' ~ ..... ~' ............. ~ are deleted; words underlined are added. 25 environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the. Bayshore/Gateway Triangle Redevelopment Overlay. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts on Marco Island. 3. Urban Residential Frinqe Subdistrict 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 2.5 units per gross acre via the transfer of development rights from lands within one mile of the Urban Boundary, and designated as Rural Fringe Mixed Use District Sending. These residential land uses ~ ~"".v,,v..,,~ ..... .~ ,.,., ,~,.,v,'~" ...... ,~. ~, ,~'~ are not subject to the Density Rating System, but are subject to the following provisions: a. All rezones are encouraged to be in the form of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area. 4. PUD Neiqhborhood Villaqe Center Subdistrict The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage exceed 15 acres. The 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 shall be amended within one (1) year to provide standards and principles regulating access, location or integration within the PUD of the Village Center, allowed uses, and square footage and/or acreage thresholds. 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: Words struck through are deleted; words underlined are added. 26 a Business Parks shall be permitted to include up to 30% of the total acreage for non- industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. b Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Traffic Circulation Sub-Element. c Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses which serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. d When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e Business Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. h When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Traffic Circulation Sub- Element. i Business Parks are encouraged to utilize PUD zoning. j The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. 6. Office and In-fill Commercial Subdistrict The intent of this Subdistrict is to allow Iow 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 Iow traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below Words ~ .... ~' ~-~' ..... ~ ............. ~ are deleted; words underlined are added. 27 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-1 through C-5 zoning districts and commercial components of PUDs. a. The subject site abuts a road classified as an arterial or collector as identified on the five-year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub- Element. b. The site utilized for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; c. The site abuts commercial zoning: (i) On one side and non-commercial zoning on the other side; or, (ii) On both sides; d. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); e. Project uses are limited to office or Iow intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; f. The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; g. At time of development, the project will be served by central public water and sewer; and h. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. i. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand. j. The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the Urban-Mixed Use District is 250 acres. 7. Traditional Nei.qhborhood Design Subdistrict The purpose of this provision is to encourage the development of Traditional Neighborhood Design (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected residential neighborhood projects that are centered around a village green with a mix of commercial uses including retail, office and civic amenities that complement each other. Residential uses are often located above retail uses. A grid pattern is the basis for the transportation network. The main street component of the TND is appropriately integrated in the TND and sized in proportion to the scale of the project with a maximum of 15 acres of commercial permitted. Standards shall be developed in the Land Development Code which will regulate access, permitted uses, square footage and/or acreage thresholds, lot frontage dimensions, street widths, setbacks, and other standards that are integral to the TND concept. (11) 8. Oranqe Blossom Mixed-Use Subdistrict The intent of this district 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 North and South provide for large-scale commercial uses, while this Words -~ .... ~ ~-~' ..... ~' ............. ~ are deleted; words underlined are added. 28 ,-. 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 to those allowed in the C-1, C-2 and C-3 zoning districts except as noted below. The development of this subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. A unified planned development with a common architectural theme which has shared parking and cross access agreements will be developed. c. Retail uses will be capped at a maximum of 5,000 sq. ft. per acre for the total project. d. Office uses will be capped at a maximum of 7,000 sq. ft. per acre for the total project. e. Residential development will be subject to the density rating system. f. Maximum lot coverage for buildings is capped at 17.5% for the total project. g. No more than 25% of the total built square footage will be devoted to single story buildings. h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road and Orange Blossom Road will provide secondary accesses facing those streets. i. All four sides of each building must be finished in a common architectural theme. 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 subdistrict ~- completes an aggregate total of 40,000 square feet retail of office uses. k. Residential units may be located both on the North and South side of Orange Blossom Drive. I. Integration of residential and office or retail uses in the same building is encouraged. m. Pedestrian connections are encouraged to all perimeter properties where feasible and desired by adjoining property owners. n. No building footprint will exceed 5,000 square feet. Common stairs, breezeways or elevators may join individual buildings. o. No building shall exceed three stories with no allowance for under building parking. p. Drive-through establishments will be limited to banks with no more than 3 lanes architecturally integrated into the main building. q. No gasoline service stations will be permitted. r. All buildings will be connected with pedestrian features. s. Twenty foot wide landscape Type D buffers along Orange Blossom Drive and Airport-Pulling Road and a 20 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. Goodlette/Pine Ridqe Commercial Infill Subdistrict This subdistrict 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 uses Words struck through are deleted; words underlined are added. 29 -.- allowed in the Plan, the intent of the Goodlette/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance. The subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Access to the Goodlette/Pine Ridge Commercial Infill Subdistrict may feature a traffic signalized 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. Development intensity within this district 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. (V)10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict This Subdistrict is located on the north side of the intersection between the two (2) major roadways of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 33.45 acres of land. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring residential areas. The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring residents and assist in minimizing the road network required in this part of Collier County. This subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. Development intensity for this Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area. Rezonings are encouraged to be in the form of a PUD zoning district which must contain development standards to ensure that all commercial uses will be compatible with neighboring residential and institutional uses. In addition to retail uses and other uses permitted in the Plan, financial institutions, business services, and professional and medical offices shall be permitted. Retail uses shall be limited to a single-story. Financial services and offices 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 the Subdistrict shall be required to have common site, signage and building architectural elements. The property shall provide for potential interconnection with adjacent properties. Words ~ .... ~' ~-~" ..... ~' ............. ~. are deleted; words underlined are added. 3o --- MAP 5 A GOODLE'I-rE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT PINE RIDGE ROAD (C.R. 896) PINE RIDGE ROAD (C.R. 896) IIIIIII INDICATEB BOUNDARY OF:: GOODLETTE/PINE RIDGE COMMERCIAl_ INFILL SUBDISTRICT Words s~ .... ~- ~ ..... ~' ............ ~ are deleted; words underlined are added. 31 MAP 5B VANDERBILT BEACH / COLLIER BOULEVARD COMNIERC]AL SUBDISTRICT COLLIER COUNTY, FLORIDA Words -~ .... ~- ~ ..... ~ ............. ~.~ are deleted; words underlined are added. LEGEND 3~ (IV) DENSITY RATING SYSTEM This Density Rating System is only applicable to areas designated Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. This Density Rating System only applies to residential dwelling units. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the characteristics of the project. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zoninq If the project includes conversion of commercial zoning which is not located within an Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. 2. Proximity to Mixed Use Activity Center or Interchanqe Activity Center If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. 3. Affordable Housinq To encourage the provision of affordable housing 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 project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Words struck through are deleted; words underlined are added. 33 Housing projects must provide appropriate mitigation consistent with Policy 13.1.2 of the Conservation and Coastal Management Element. 4. Residential In-fill To encourage residential in-fill in urban areas with o__f existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is-l-0 20 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (f) There is no common ownership with any adjacent parcels; and (g) 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. (h) Of the maximum 3 additional units, up to one (1) dwelling unit per acre may be transferred by right from Receivinq Lands to infill parcels. Within one year, the County will adopt LDRs to implement this "by right" Rural-to-Urban transfer process. 5. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. 6. Transfer of Development Riqhts To encourage preservation/conservation of natural resources, density transfers are permitted as follows: (a) Within that portion of the Urban designated area subject to this Density Rating System_Ddensity may be increased above and beyond the density otherwise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended;~ (b) From Primary and Secondary Sendinq Lands in conjunction with qualified infill development; and, (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Frinqe, at a maximum density increase of one (1) unit per gross acre. In no case How~vor, '~'-"-'~*,, shall density not be transferred into the Coastal Ma~ High Hazard Area from outside the Coastal Managomont High Hazard Area. Lands lying seaward of the Coastal Managomcnt High Hazard Boundary, Words -~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 34 identified on the Future Land Use Map, are within the Coastal ~A ........ * Hi,qh Hazard Area. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Conqestion Area If the project is within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport- Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. c. Density Conditions: The following density condition applies to all properties subject to the Density Rating System. 1. Maximum Density 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) Section 2.2.24.10 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. d. Density Blendin,q: This provision is intended to encoura.qe unified plans of development and to preserve wetlands, wildlife habitatl and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Frinqe Mixed Use Districts. In the case of such properties, which were in existence and under unified control as of June 221 2002, the allowable ,qross density for such properties in a,q,qre,qate may be distributed throuqhout the proiect, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted. 1. Density Blending Conditions and Limitations for Properties Straddlinq the Urban Residential Sub-District and Rural Frinqe Mixed Use District Neutral and Receivin,q Lands: (a) The project must straddle the Urban Residential Sub-District and Rural Fringe Mixed Use District Neutral or Receivinq Lands; (b) The project in a.q,qre,qate is a minimum of 80 acres in size; (c) At least 25% of the proiect is located within the Urban Mixed Use District. The entire project is located within the Collier County Sewer and Water District Words ~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 35 Boundaries and will utilize central water and sewer to serve the proiect unless interim provisions for sewer and water are authorized by Collier County; (dl The project is currently zoned or will be rezoned to a PUD; (e) Density to be shifted to the Rural Fringe Mixed Use District from the Urban Residential Sub-District is to be located on impacted lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the hiqhest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or habitat with adjacent preservation and/or habitat areas; (fl The entire project shall meet the applicable preservation standards of the Rural Fringe Mixed Use District. These preservation requirements shall be calculated upon and apply to the total proiect area. 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub-District and Rural Frinqe Mixed Use District Sendin.q Lands: (al The project must straddle the Urban Residential Frinqe Sub-District and the Rural Frinqe Mixed Use District Sendinq Lands; (b) The project in a.q.qregate must be a minimum of 80 acres; (c) At least 25% of the project must be located within the Urban Residential Fringe Sub-District The project must extend central water and sewer (from the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; (d/ The Proiect is currently zoned or will be zoned PUD; --'- (e) The density to be shifted to the Sendinq Lands from the Urban Residential Fringe is to be located on impacted or disturbed lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas; (fl The Urban portion of the project shall comply with the native vegetation requirements identified in the Conservation and Coastal Manaqement Element (for Urban desiqnated lands/. For those lands within the proiect desiqnated as Sendinq, the native vegetation preservation requirement shall be 90% of the native ve.qetation, not to exceed 60% of the total project area designated as Sending. B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which Words ~ .... ~' ~ ..... ~ ............. ~., are deleted; words underlined are added. 36 comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. (II)(IV)(V) 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. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of the factors listed below. For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. The factors to consider during review of a rezone petition are as follows: Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the - Mixed Use Activity Center; Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; Adequacy of infrastructure capacity, particularly roads; Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; Natural or man-made constraints; Words ~*' .... ~- ~-~ ..... ~" ............. ~.. are deleted; words underlined are added. 37 - Rezoning criteria identified in the Land Development Code; - Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Code; Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. # 1 Immokalee Road and Airport Road # 6 Davis Boulevard and Santa Barbara Boulevard # 8 Airport Road and Golden Gate Parkway #11 Vanderbilt Beach Road and Airport Road #12 US 41 and Pine Ridge Road #13 Airport Road and Pine Ridge Road #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport Road #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Isles of Capri Road #20 US 41 and Wiggins Pass Road The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or developed property. Activity Center #6 is approximately 60% commercially zoned and/or developed. For purposes of these specifically designated Activity Centers, the entire Activity Center is eligible for up to 100%, or any combination thereof, of each of the following uses: commercial, residential, and/or community facilities. Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 #14 Goodlette-Frank Road and Golden Gate Parkway Words ~ .... ~- ~ ..... ~' ............. ~.. are deleted; words underlined are added. 38 In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may be permitted to modify the designated 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 during final site design; however, the approved amount of commercial development shall not be exceeded. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51% ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51% ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control; 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial permitted at Activity Centers # 3 and #7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center, the balance of the of the land uses shall be for residential and/or community facilities. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facilities. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and/or community facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network; and 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plan. Words -~ .... ~- ~-~ ..... ~' ............. ~.. are deleted; words underlined are added. 39 New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · The intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications in the Traffic Circulation Element. · The Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. Market justification is provided demonstrating need for a Mixed Use Activity Center at the proposed location. 2. Interchan,qe Activity Center Subdistrict Interchange Activity Centers have been designated on the Future Land Use Map at each of the three Interstate 75 interchanges and include numbers 4, 9 and 10. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 and #10 allow for a mixture of land uses - which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. (111) Subsequent to the development of the vision statement, new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity Words ~ .... 7. ~ ..... ~ ............. ~,, are deleted; words underlined are added. 4O of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during review of a rezone petition shall be in compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allowed, provided each such use is reviewed and found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, warehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and/or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property 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 with the following conditions. Site- specific development details will be reviewed during the Site Development Plan review process. - Landscaping, buffering and/or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; - Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; - Central water and sewage systems shall be required; - State Access Management Plans, as applicable; - No direct access to the Interstate right-of-way shall be permitted; - Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plans, or State Access Management Plans, as applicable; - 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; - The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; - A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. (V) 3. Livin.qston/Pine Ridqe Commercial Infill Subdistrict Words ~ .... ~- ~ ..... ............. ~h are deleted; words underlined are added. 41 This Subdistrict consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway and Pine Ridge Road, a minor arterial roadway. In addition to uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well- planned access points to improve current and future traffic flows in the area. 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 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 Subdistrict 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 areas zoned agricultural. 3. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. C. Urban - Industrial District The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban - Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; Words ~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 42 _ d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; j. Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; I. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a Subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. II. AGRICULTURAL/RURAL DESIGNATION (I) Rural & Agricultural Area Assessment The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued .A the Final Order (AC-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The Geographic Scope of the Assessment Area shall be as follows: Includes: All land designated Agricultural/Rural, except as noted below; Big Cypress Area of Critical State Concern (ACSC), except as noted below; Conservation lands outside the Urban Boundary, except as noted below, and; South Golden Gate Estates_. Excludes: All Urban designated areas;. Northern Golden Gate Estates;. The Settlement District. The Assessment has been completed for these areas: The Rural Fringe Mixed Use District, The area identified as Secondary Sendin.q Lands on the FLUM, which is within the ACSC; and, North Belle Mead, Belle Meade1 and CREW NRPAs. Words ~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 43 The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full and broad-based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: 1. Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions and mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. (I) Interim Development Provisions for the Agricultural/Rural Assessment Area Amendments based on the Assessment shall be completed by June 22, 2002 for the Rural Fringe Area, and by November 1,2002 for the balance of the Assessment Area. Residential and other uses in the Area for which completed applications for development approval, rezoning, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan as it existed on June 22, 1999. If the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the interim land use controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becoming effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof, are in effect the only land uses and development allowable in the area shall be those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agricultural/Rural District, except the following uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges. 2. Extension or new provision of central water and sewer service into the Area. 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housing directly related to support farming operations, or staff housing (12 du/ac) and other uses directly related to the management of publicly-owned land, or one single family dwelling unit per lot or parcel created prior to June 22, 1999. 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emergency power structures, fire and police stations, emergency medial stations. Words -~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 44 6. Transient residential such as hotels, motels, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and transfer sites for resource recovery. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. 15. Recreational Vehicle Parks These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment. (I) Interim Natural Resource Protection Areas (NRPAs) The following areas shall be generally mapped and identified as interim Natura! Prctcctlcn Areas (NRPAs-): Camp Keais Strand, G~, Okaloacoochee Slough, Bcllc .Mccdc and South Golden Gate Estates. These interim ,".'atur=l Rcsc'Jrcc Prctcct!cn ^re=c (NRPAs-} are designated on the Future Land Use Map: 1. Within these areas, only agriculture and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22,1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; 3. The general location shall be identified on a map as the interim NRPAs and shall be refined as_actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. (I) The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. The following uses and densities are generally permitted i~ under this subject to the Interim Development Provisions-:, where applicable - but may not be permitted in all Districts and Subdistricts, and may be subject to specific criteria, conditions, development standards; permitted densities may be greater, or lesser, than that stated below, in some Districts and Subdistricts. a. Agricultural uses such as farming, ranching, forestry, bee-keeping; Words ~ .... ~' '-~' ..... ............. ~ are deleted; words underlined are added. 45 A b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses, golf courses; e. Essential services as defined in the Land Development Code; f. Safety service facilities; g. Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. h. Communication and utility facilities, except for central water and sewer facilities as noted above; i. Migrant labor housing as provided in the Land Development Code; j. Earthmining, oil extraction and related processing; k. Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a A natural reservation; I. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farming, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use; m. Commercial uses as principal uses, ,.,I,~.~....,., ,,., ,~.,..,,~ ,D,~,~,' '~.....,,,,,,..,v,_~'~' ...~,~., ,~., ~' '~"~"I"* ~'~"'4,....w ~.v,, ..... crltcri=; n. Industrial uses; '""*~'~" (V) o. Travel trailer recreational vehicle parks, provided the following criteria are met: 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and 3. The use will be compatible with surrounding land uses. (I) A. Agricultural/Rural - Mixed Use District The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for Iow-density residential development, and other uses identified under the Agricultural/Rural Designation. These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. Words st .... ~- ~ ..... ........... ~.. are deleted; words underlined are added. 46 Residential uses are allowed as fc!!c'.":c listed below, subject to the Interim Development Provisions. Dwelling units may be transferred from that portion of this District desiqnated on the Future Land Use Map as Secondary Sendinq Lands to areas desiqnated as Receivinq Lands as provided for in the Rural Frinqe Mixed Use District, or into the Urban Area as provided by the Density Rating System. a. Low density residential dwelling units, at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record; b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; e. Farm labor housing in accordance with the Farm Labor Housing provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. g. 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 I 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 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 South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. (I) 1. Rural Commercial Subclistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met and subject to the Interim Development Provisions: a. The project, or that portion of a larger project, which is devoted to commercial development, is 2.5 acres or less in size; b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The project is buffered from adjacent properties. B. Rural Frincle Mixecl Use District The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi-rural, rapidly Words ............. ~. are deleted; words underlined are added. 47 developing, large-lot North Golden Gate Estates platted lands. Aqricultural land uses within the Rural Frinqe Mixed Use District do not represent a significant portion of the County's active aqricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part, to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Aqricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existinq natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the maior public rights-of-way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. 1. Transfer of Development Ri.qhts (TDR), and Sending and Receivin.q Desi.qnations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protectinq and conserving the most valuable environmental lands, including large connected wetland systems and siqnificant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferrinq such rights to other more suitable lands. Within the Rural Frinqe Mixed Use District and within desiqnated areas of the Aqricultural/Rural Mixed Use District, residential density may be transferred from lands designated as Sendinq Lands (Primary and Secondary) to lands desiqnated as Receiving Lands on the Future Land Use Map, subiect to the following: A) Receivinq Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as beinq most appropriate for development and to which residential development units may be transferred from areas designated as Sending Lands. Based on the evaluation of available data, these lands have a lesser deqree of environmental or listed species habitat value than areas desi.qnated as Sendinq and generally have been disturbed throuqh development, or previous or existinq agricultural operations. Various incentives are employed to direct development into Receiving Lands and away from Sending Lands, thereby maximizing native veqetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within Receiving Lands, the following standards shall apply, except for those modifications that are identified in the North Belle Meade Overlay: Words ~ .... ~- ~ ..... ~' ............. ~.. are deleted; words underlined are added. 48 1. Maximum Density: The base residential density allowable for desiqnated Receiving Lands is one (1) unit per five (51 gross acres (0.2 dwellinq units per acre/. The maximum density achievable in Receivinq Lands through the TDR process is one (1) dwelling unit per acre. This maximum density is exclusive of the Density Blending provisions and any density bonuses authorized in this Plan that may be applicable to designated Receivinq Lands. Dwelling Units may only be transferred into Receivinq Lands in whole unit increments (fractional transfers are prohibited). 2. Clustering: Where the transfer of development rights is employed to increase residential density within Receiving Lands, such residential development shall be clustered in accordance with the followinq provisions: a/Consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the proiect. Where County sewer or water services may not be available concurrent with development in Receivinq Lands, interim private water and sewer facilities may be approved. b) The maximum lot size allowable for a single-family detached dwellinq unit is one acre. cl The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the hiqhest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. 3. Minimum Project Size: The minimum proiect size required in order to receive transferred dwelling units is 40 contiguous acres. 4. Emergency Preparedness: a/ In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emerqency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. b) Applicants for new developments proposed for Receivinq Lands shall work with the Florida Division of Forestry, Collier County Emergency Management staff, and the Mana.qers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitiqation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. 5. Permitted Uses: Uses within Receivinq Lands are limited to the followinq: al Agricultural uses such as farming, ranching, forestry and bee-keeping; bi Sinqle-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. Words struck through are deleted; words underlined are added. 49 c) Multi-family residential structures shall be permitted under the Residential Clustering provisions of this plan subject to the development of appropriate development standards to ensure that the transitional semi-rural character of the Rural Fringe Mixed Use District is preserved. These development standards include, but are not limited to: building heights; design standards; and, buffers and setbacks. d) Rural Villages, subiect to the provisions set forth in II. B.3 of this element. e) Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with the Land Development Code. f) Group care facilities at a density in accordance with that permitted in the Land Development Code. g) Staff housinq in coniunction with safety service facilities and essential services, at a density in accordance with the Land Development Code. h) Farm labor housing in accordance with the Farm Labor Housinq provision in the Land Development Code. i) Sporting and Recreational camps as defined in, and at the density allowed by, the Land Development Code. i) Essential services as defined in the Land Development Code. k} Golf courses or drivinq ranges, subject to the following standards: (1) The minimum density shall be as follows: (a) For golf course projects utilizing Density Blending Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. (b) For golf course projects not utilizinq Density Blending Provisions, including freestanding golf courses: the minimum density shall be one (1) dwellinq unit per five (5) gross acres, and one additional dwelling unit per five (5) gross acres for the land area utilized as part of the golf course, includinq the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. The additional required density for such golf course development shall be achieved by acquiring TDRs from Sendinq Lands. (2) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Proqram. (3) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by .qolf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (4} To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the followinq management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adiust timing and amount of fertilization applications; (c) The use of an integrated pest manaqement program usinq both biological and chemical aqents to control various pests; Words ...... ~- ~-~' ..... ~ words underlined are added. ............. ~.~ are deleted; 50 (d) The coordination of pesticide applications with the timing and application of irriqation water; (el The use of the procedure contained in IFAS Circular 10111 Mana.qin.q Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality (5) To ensure water conservation, golf courses shall incorporate the following in their desi.qn and operation: (al Irrigation systems shall be desiqned to use weather station information and moisture-sensin.q systems to determine the optimum amount of irriqation water needed considerinq soil moisture and evapotranspiration rates. (bi As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies; · (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drouqht tolerant species. (6) Stormwater management ponds shall be desiqned to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased lenqth and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements (7) Site preservation and native veqetation retention requirements shall be the same as those set forth in the Rural Frinqe Mixed Use District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. I) Commercial development as permitted under the Rural Commercial Subdistrict of this element, or as part of an approved Rural Villaqe. Within one year of adoption of these amendments, the County will develop appropriate standards for commercial development within Rural Villages, with particular focus on desiqn, scale, and access provisions that will maintain the rural character or semi-rural character of the District. mi Research and Technoloqy Parks within an approved Rural Villaqe. Within one year of adoption of these amendments, the County will develop appropriate standards for Research and Technology Parks within Rural Villa.qes, with particular focus on desiqn, scale, and access provisions that will maintain the rural character or semi-rural character of the District. n) Zoo, aquarium, botanical garden, or other similar uses. o) Public and private schools, subject to the following criteria: Words st ........... ~h are deleted; words underlined are added. 51 · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subiect to all applicable State or Federal requlations. P/ Facilities for the collection, transfer, processinq and reduction of solid waste. q) Community facilities, such as1 places of worship, child care facilities, cemeteries, social and fraternal organizations. r) Sports instructional schools and camps. s/ Earth-mininq, oil and mineral extraction and related processing. t/ Asphalt and concrete batch-making plants. 6. Density Blending: Subiect to the provisions set forth in the density rating system. 7. Open Space and Native Vegetation Preservation Requirements: a/ Usable Open Space: Within Receivinq Lands projects greater than 40 acres in size shall provide a minimum of 70% usable open space. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parkin.q and Ioadin.q areas, shall not be counted towards required Usable Open Space. b) Native Veqetation Preservation: Native veqetation shall be preserved as set forth in the Conservation and Coastal Mana.qement Element Policy 6.7.1. B/ Neutral Lands: Neutral Lands have been identified for limited semi-rural residential development. Available data indicates that Neutral Lands have a hiqher ratio of native veqetation, and thus higher habitat values, than lands desi.qnated as Receivinq Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existinq native vegetation and habitat. A lower maximum gross density is prescribed for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses permitted within Receivinq Lands are not authorized in Neutral Lands. Within Neutral Lands, the following standards shall apply: 1. Maximum Density: 1 dwelling unit per 5 .qross acres (0.2 units per acrel. 2. Clusterinq: Clusterinq of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: a/ If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the proiect. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. b/ The maximum lot size is one acre. c/ The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the hiqhest quality native ve.qetation; connectivity to adjacent Words ~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 52 natural reservations or preservation areas on adiacent developments; and, creation, maintenance or enhancement of wildlife corridors. d} The minimum project size shall be at least 40 acres. 3. Permitted Uses: a) Agricultural uses such as farming, ranching, forestry and bee-keeping; b) Single-family residential dwelling units, including mobile homes where a Mobile Home Zoninq Overlay exists. c) Dormitories, duplexes and other staff housinq, as may be provided in conjunction with adiacent conservation uses, at a density in accordance with the Land Development Code. d) Group care facilities at a density in accordance with that permitted in the Land Development Code. e) Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code. f) Farm labor housinq in accordance with the Farm Labor Housing provision in the Land Development Code. g) Sporting and Recreational camps as defined in, and at the density allowed by, the Land Development Code. h) Essential services as defined in the Land Development Code. i) Golf courses or drivinq ranges, subject to the followinq standards: (1) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Siqnature Program. (2) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, .qolf courses shall comply with the Best Manaqement Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (3) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following manaqement practices: (a) The use of slow release nitroqen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irriqation water; (e) The use of the procedure contained in IFAS Circular 1011, Mana.qinq Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be desiqned to use weather station information and moisture-sensinq systems to determine the optimum amount of irrigation water needed considerinq soil moisture and evapotranspiration rates. Words struck through are deleted; words underlined are added. 53 _ (b) As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies; (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drouqht tolerant species. (5) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishinq shorelines that are sinuous in configuration in order to provide increased lenqth and diversity of the littoral zone. A Littoral shelf shall be established to provide a feedinq area for water dependent avian species. The combined lenqth of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements (6) Site preservation and native vegetation retention requirements shall be the same as those set forth in the Rural Frinqe Mixed Use District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one vear. j) Zoo, aquarium, botanical garden, or other similar uses. k) Public and private schools, subject to the followinq criteria: ..... · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal requlations. I) Facilities for the collection, transfer, processing and reduction of solid waste. m) Community facilities, such as, places of worship, child care facilities, cemeteries, social and fraternal organizations. n) Sports instructional schools and camps. 3. Native veqetation and preservation requirements: Native veqetation shall be preserved as set forth in the Conservation and Coastal Management Element Policy 6.7.1. C) Sending Lands: Sendinq Lands are those lands that have the hiqhest deqree of environmental value and sensitivity and generally include siqnificant wetlands, uplands, and habitat for listed species. Sendinq Lands are designated as either Primary or Secondary. 1. Primary Sending Lands are located entirely within the Rural Frinqe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, Primary Sending Lands are the principal target for preservation and conservation. Private Property owners of lands designated as Primary Sending Lands may transfer density to Receiving Lands within the Rural Fringe Mixed Use District, and to lands within the Urban Designated Area subject to limitations Words struck through are deleted; words underlined are added. 54 set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are designated Primary Sendinq Lands. 2. Secondary Sending Lands consist of 6,550_+ acres of land located adjacent to and predominantly south of US 41 EaStl and adjacent to and predominantly west of SR29, surrounding Everglades City and Chokoloskee Island, and depicted on Future Land Use Map. Designated Secondary Sending Lands also have hi.qh environmental value in that the data indicates that they are 99% tidal wetlands. However, Secondary Sending Lands are significantly removed from both the Urban designated and Rural Fringe Mixed Use District and therefore are not subject to siqnificant development pressure. Therefore, these Secondary Sending Lands are also targeted for preservation and conservation through incentives for private property owners, including but not limited to the Transfer of Development Rights, but at a lower transfer rate than Primary Sendinq Lands. Private Property owners of lands desiqnated as Secondary Sendinq Lands may transfer density from those lands to lands desiqnated as Receivinq Lands within the Rural Fringe Mixed Use District, and to lands within the Urban Desi.qnated Area subiect to limitations set forth in the Density Rating System. 3. Maximum Transfer Rate: Dwellinq Units may be transferred from Primary Sending Lands at a maximum rate of 0.2 dwellinq units per acre (1 dwelling unit per five acres). Dwellinq Units may be transferred from Secondary Sending Lands at a maximum rate of 0.1 dwelling units per acre (1 dwelling unit per 10 acres). Transfers may only occur in whole number increments (fractional transfers are prohibited). In the case of legal nonconforminq lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one dwelling unit may be transferred from said lot or parcel. To ensure appropriate compensation to land owners within Sendinq Lands, the Board of County Commissioners may adjust the maximum transfer rate. The basis of such adiustment shall be an analysis of property values within Sending Lands, and may include consideration of proximity of such properties to the urban area. 4. Limitations and Procedures: a) Transfers shall not be allowed from sending lands where a conservation easement or other similar development restriction prohibits residential development. b) The transfer of units shall be recorded in public records utilizinq a legal instrument determined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subject property after all, or a portion, of the residential density has been transferred from the property. c) Where residential density has been transferred from Sendinq Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. 5. Permitted Uses: Permitted uses within Primary and Secondary Sendinq Lands are limited to the following: a) Agricultural uses such as farming, ranching, forestry, bee-keeping. b) Detached single-family dwellinq units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwellinq unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, Words ...... ~- ~ ..... ~ words underlined are added ............. ~.. are deleted; . 55 --- which existed on or before June 221 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. c) Habitat preservation and conservation uses. d) Passive parks and other passive recreational uses. e) Sporting and Recreational Camps, as defined in, and at the density allowed by, the Land Development Code; f) Essential Services necessary to serve permitted uses identified in Section 5.a) through 5.e) such as the followinq: private wells and septic tanks; utility lines; sewage lift station and water pumping stations necessary to serve the Rural Transition Water and Sewer District; 6. Conditional Uses: a) The followinq uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services as defined in the Land Development Code. Within one year, Collier County will review the list of conditionally permitted essential services and will define those uses intended to be conditionally permitted in Sending designated lands. During this one-year period, no conditional .- uses for essential services within Sending designated lands shall be approved. (2} Public facilities, includin.q solid waste and resource recovery facilities, and public vehicle and equipment storaqe and repair facilities, shall be permitted within Section 25, Township 50S, Range 26E, on lands adjacent to the existing County landfill. (3) Oil and mineral extraction and related processing, excluding earth- mining. (4) Commercial uses accessory to permitted uses 5.a), 5.c) and 5.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b) In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subiect to the following additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required ElS as specified in Policy 6.7.6. of the Conservation and Coastal Management Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. 7. Where residential density is transferred from Primary or Secondary Sending Lands, allowable uses shall be limited to the following: a) Agricultural uses, including water manaqement facilities, to the extent and intensity that such operations exist at the date of any transfer of development -- rights. Words ~ .... ~- ~ ..... ~ ............. ~.. are deleted; words underlined are added. 56 --- b) Cattle grazing on unimproved pasture where no clearing is required; c). Detached single-family dwellinq units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwellinq unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d) One detached dwelling unit, includin.q mobile homes where the Mobile Home Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the purpose of this provision, a preexisting lot or parcel is one that was in existence on or before June 22, 1999 and is: 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3} a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. e) Habitat preservation and conservation uses. f) Passive parks and passive recreational uses. g) Essential services, as authorized in Sending Lands. h) Oil and mineral extraction and related processing, excludin.q earth mining, if a Conditional Use for such is approved.. 7. Native Vegetation shall be preserved as set forth in the Conservation and Coastal Management Element Policy 6.7.1. .-- 8. Adiustment to the Sending Land Boundaries. Under the followinq conditions, adiustments may be made to Sendinq Land boundaries: a) A property is 40 acres or less in size and is desiqnated Sending; b) The property is contiguous to Neutral or Receiving Lands; c) Site specific environmental data submitted by the property owner indicates that the subiect property does not contain characteristics warranting a Sending designation; d) An adiustment to the Sendinq land boundary requires an amendment to the Future Land Use Map. D) Additional TDFI Provisions: Within one year of adoption of this plan amendment, Collier County will amend its land development regulations to adopt a formal process for authorizing and trackinq the Transfer of Development Rights. This process will include, at a minimum: 1. The establishment of a simple, expeditious process whereby private property owners may, by right, "sell" residential dwellinq units from lands desiqnated as "Sending Lands". Said units may then be "transferred" by right to lands designated as "Receiving Lands". Once established, the TDR program shall be administratively reviewed and approved, requiring no further public hearing or Board approval if consistent with the provisions for administrative approval. 2. The establishment of a process for trackinq and recording all transfers of residential units in the public records of Collier County. This shall include the identification of the entity or department responsible for on-qoin.q administration of the TDR program. In addition, the County shall consider the feasibility of Words struck tkrough are deleted; words underlined are added. 57 estab shing a "TDR Bank," to be administered by the County or some other not- for-profit governmental or quasi-governmental public aqency established for this purpose. As part of these considerations, projections for an annual budqet for administration of the TDR program shall be developed which would include the projected costs and funding associated with initial purchase of residential development rights. 3. The establishment of a process to evaluate the TDR program and the degree to which it is being utilized, culminating in an annual report to the Board of County Commissioners on the Rural Fringe Mixed Use District TDR program. 4. The TDR process shall be the only mechanism to achieve increased density within Receivinq Lands, excluding the Density Blendinq provisions of this Plan, and any density bonuses authorized in the Rural Fringe Mixed Use District. 5. A 25-year prohibition on utilizing TDRs where a parcel has been cleared for agricultural purposes, effective June 22, 2002. 2. Buffers Adjacent to Major Public Riqhts-of-way: In order to maintain and enhance the rural character within the Rural Frinqe Mixed Use District, within one year of adoption of this amendment, Collier County will adopt land development regulations establishing bufferinq standards for developments adjacent to existing or proposed arterial and collector public roadways. These standards shall include, but are not limited to: applicability provisions, including establishinq a minimum project size below which these requirements shall not apply; the deqree to which water features, including water management lakes and canals, may be a part of this buffer; credits for existinq native vegetation that is to be retained; and, credits toward any open space and native vegetation preservation requirements. 3. Rural Villaqes: Rural Villages may be approved within the boundaries of the Rural Fringe Mixed Use District in order to: maximize the preservation of natural areas and wildlife habitat within the Rural Frinqe Mixed Use District; to reduce the need for residents of the District and surrounding lands to travel to the County's Urban area for work, recreation, shopping, and education; and, to enhance the provision of limited urban and rural levels of service throuqh economies of scale. Rural Villaqes shall include the following: a mixture of residential housing types; institutional uses; commercial uses; and, recreational uses, all of which shall be sufficient to serve the residents of the Village and the surroundinq lands. Rural Villaqes shall include several distinct neiqhborhoods, includin.q village centers. The Villaqe center shall be the primary location for commercial uses. In addition, the following criteria and conditions shall apply, except for those modifications that are identified in the North Belle Meade Overlay: A) Process for Approval: Within one year of the date of adoption of this amendment, the Collier County Land Development Code shall be amended to include provisions for the establishment of Rural Villaqes. These provisions will establish specific development regulations, standards, and land use mix requirements. Subsequent to the creation of these provisions, applications shall be submitted in the form of a Planned Unit Development (PUD) rezone and, where applicable, in coniunction with a Development of Reqional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supercede the DRI process. Words ~ .... ~- ~m ..... m ............. ~.. are deleted; words underlined are added. 58 BI Locational Restrictions: A Rural Village may not be located any closer than 3.0 miles from another Rural Village. CI Rural Villaqe Sizes and Density: 1. Rural Villaqes shall be a minimum of 300 acres and a maximum of 1,500 acres, except within Receivinq Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. The Rural Village size is exclusive of the required green belt area. Rural Villages shall include a Village Center and a minimum of two distinct neiqhborhoods. 2. The minimum and maximum gross density of a Rural Villaqe shall be 2.0 units per qross acre and 3.0 units per acre, respectively. The density calculation for a Rural Village may include the base residential density permitted for the green belt area, if such density is shifted to the Rural Villaqe area. 3. Density may be achieved as follows: a) The base density for the Agricultural/Rural Designation of 0.2 dwellinq units per acre (1.0 dwellinq units per five acresl for lands within the Rural Village, and the land area designated as a greenbelt surroundin.q the Rural Village, is granted by right for allocation within the desiqnated Rural Villa.qe. b/ The additional density necessary to achieve the minimum required density for a Rural Villaqe shall be achieved by an equal amount of TDRs and bonus units. That is, for each TDR acquired one bonus unit shall be granted. c) Additional density between the minimum and maximum amounts established herein may be achieved through TDRs or through a 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers. D/ Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, villaqe greens, and other open space within the Rural Villaqe, a greenbelt averaging 500 feet in width but not less than 300 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanent un-developable edge surroundinq the Rural Villaqe, thereby discouraging sprawl. Greenbelts may only be desi.qnated on Receiving Lands. The allowable residential density shall be shifted from the desiqnated Greenbelt to the Rural Villaqe. The .qreenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for wellfield or aquifer protection, Golf courses and existinq agriculture operations are permitted within the greenbelt, subject to the native vegetation preservation requirements specified below in paragraph 2. 2. Open Space and Native Vegetation Retention. a) Native Veqetation shall be preserved as set forth in the Conservation and Coastal Management Element Policy 6.7.1. bi Open Space: Within the Rural Village and required Greenbelt, in aggregate, a minimum of 70% of Open Space shall be provided. 3. An environmental impact statement for the Rural Village and surrounding greenbelt area shall be submitted an accordance with Policy 6.7.6 of the CCME. E/ Public Facilities and Services: Words ~ .... ~- ~-~ .....~ words underlined are added. ............. ~ are deleted; 59 1. An analysis shall be conducted and submitted in coniunction with the PUD rezone and/or DRI application evaluating the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. This evaluation shall identify proiected revenue sources for services and any capital improvements that may be necessary. At a minimum, the analysis shall consider the followinq: a) Stormwater/drainage facilities; b) Potable water provisions and facilities; c) Reuse or "Grey" water provisions for irrigation; d) Central sewer provisions and facilities; e) Park facilities; f) Law enforcement facilities; g) School facilities; h) Roads, transit, bicycle and pedestrian facilities and pathways; i) Solid Waste facilities. F) 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 Villaqe 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 Villaqe Center or neighborhood. Rural Villaqes shall incorporate a Villaqe Park and neiqhborhood parks. In addition, the following shall be addressed: 1. Rural Villaqe, Village Center and neiqhborhood design guidelines and development standards: A formal street layout, using primarily a grid desiqn and incorporating village greens, squares and civic uses as focal points. · Neighborhoods and the villaqe center will be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discouraqe high-speed traffic. · Consideration shall be given to the location of public transit and school bus stops. · Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. · The sitinq of both schools and housing units within the village shall consider the minimization of businq needs within the community. · Each Rural Village shall be served by a binary road system that is accessible by the public and shall not be gated. The road system within the villaqe shall be designed to meet County standards and shall be dedicated to the public. · A Rural Villaqe shall not be split by an arterial roadway. · Interconnection between the Rural Villaqe and adiacent developments shall be encouraqed. 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. Housing that is provided for lower income residents and for entry level and workforce buyers shall receive a credit of 0.5 units for each unit constructed. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determininq the rental and fee-simple Words ~ .... ~- ~ ..... ~' ............. ~.. are deleted; words underlined are added. 60 ~ market rates that will qualify for such a credit, and a system for tracking such credits. · A mixture of recreational uses, including parks and villaqe greens. · Civic, community, and other institutional uses. · A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellinqs qenerally occurring as development extends outward from the Village Centers. · A mixture of retail, office, and services uses. 3. Specific development standards, including but not limited to, maximum net densities; required yards; landscaping and bufferinq, and building heights. 4. If requested by the Collier County School Board durinq the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwellinq units within walkinq distance to the schools. Where a school site is requested and provided, a credit toward any applicable school impacts fees shall be provided based upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer. 4. Exemptions from the Rural Frincle Mixed Use District Development Standards - As provided for in the Final Order, the requirements of this District shall not apply to, affect or limit the continuation of existinq uses. Existing uses shall include those uses for which all required permits were issued, or uses for which completed applications were received by the County prior to June 22,1999. The continuation of existinq uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existinq uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Chanqes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. (I) I~C. Rural - Industrial District The Rural - Industrial District, which encompasses approximately 600 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subject to the Interim Development Provisions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed 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: Words ~ .... ~' ~-~' ..... ~' ............. ~., are deleted; words underlined are added. 61 -- a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. Other basic industrial uses as described in the Industrial Zoning District in the Land Development Code; g. Support commercial uses, such as child care centers and restaurants. (V),CD. Rural - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards. II1. ESTATES DESIGNATION The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from supportive services and facilities. Expansion of the area shall be discouraged. Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. V. CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays~ and wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County~ which are primarily owned,~,,"'"'"'"""',., ,~, ,,~,, by the public, although private in-holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the Words ............. ~.. are deleted; words underlined are added. 62 National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired by public entities or private land manaqement or conservation groups. (I) Natural resource protection strategies and Sstandards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are,..~, .... ,,,,,,~:'-'~ authorized in this Designation_., cubjcct tc th~ !ntcrim Dcwlcpm~nt Prcvlsicnc identified in thc ^gricultur=FRural n,.,....,..,. ~,~,-,,.,~,~, ,~.,v,, Dcccrlptlcn v~...,..,~""*~"'"",. a. Single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in-holdings within the Big Cypress National Preserve - each dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in-holdings within the Big Cypress National Preserve. b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with that permitted in the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; ...... r-:d_ Sporting and Recreational camps as defined in, and at the density allowed by, the Land Development Code. e. Habitat preservation and conservation uses h.f; Passive Rparks, epemepa~ and other passive recreational uses; by the State Board of Educ:tlon. ~. _q. Agriculture, except as limited by Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act); and, e. h Oil and mineral extraction and related processing excluding earth-mining. The following uses may be permitted as Conditional Uses: a) The following uses are conditionally permitted subject to approval throuqh a public hearing process: Words ............. =.. are deleted; words underlined are added. 63 (1) Essential services as defined in the Land Development Code. Within one year, Collier County will review the list of conditionally permitted essential services and will define those uses intended to be conditionally permitted in Sending designated lands. During this one-year period, no conditional uses for essential services within Sending desi.qnated lands shall be approved. (2) Staff housinq in coniunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; (3) Oil and mineral extraction and related processinq, excluding earth-mining; (4) Commercial uses accessory to permitted uses e, f and g above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b) In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subiect to the followinq additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required ElS as specified in Policy 6.7.6 of the Conservation and Coastal Management Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. b. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Words ~ .... ~' *'~ ..... ~ ............. ~.. are deleted; words underlined are added. 64 -- Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. d. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of .-- the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. Words ~ .... ~- ~ ..... ~' ............. ~,, are deleted; words underlined are added. 65 c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the lO0- year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". and ' ..... ;""'""~ .... ,,.~ ~.~;~h,.,--,..,h~. Th;~ ovorl3,., ~ ~f~; ........ i ........ +~,;~_.v ~ ~".v, B. No~h Belle Meade Overla~ Words -~ .... ~- ~m ..... m ............. ~.. are deleted; words underlined are added. 66 The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for in Receiving, Neutral, NRPA and non-NRPA Sending Lands. Development and preservation standards within this Overlay shall be as provided herein. A. IN GENERAL The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This area, designated as the North Belle Meade Overlay, comprises +24 sections of land + 15,552 acres dependin.q on the size of individual sections (see attached Future Land Use Map Exhibit A). The NBM Overlay area is unique to the Rural Frinqe area because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, includinq endangered species. Within the NBM Overlay area are also areas that have been previously impacted by canal construction and past clearinq and agricultural practices which have altered the natural hydroperiod. The challenqe for the NBM Overlay area is to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBM Overlay area. Accordingly a more detailed and specific plan for the NBM Overlay is set forth herein. Unless otherwise specifically stated, no other Goals, Objectives and Policies of the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element in the Growth Mana.qement Plan or implementing LDRs, including specifically but not limited to wetlands and wildlife protection, shall be applicable to the ~ NBM Overlay Receiving Lands other than this NBM Overlay Plan and its implementing LDRs. On Receivinq Lands any development shall comply with the non-environmental administrative review procedures of Collier County for site development plans and plattin.q. Within the NBM Overlay are four distinct areas that require separate treatment based on existinq conditions within this area. These areas include the Natural Resource Protection Area (NRPA), the Receivin.q and the Sending Areas for the transfer of development rights, and a Neutral area, which is neither a Sending nor a Receiving Area comprisin.q a section and a portion thereof of land or + 731 acres as depicted on Exhibit "A". It is the intent to perform the physical planning of the NBM Sendinq Lands within twelve (12) months after the effective date for Red Cockaded Woodpeckers, Greenways and Wildlife Crossings. Planninq Considerations 1. Wildlife Crossinq and Wildlife Corridor * The County should support construction of a wildlife crossinq under 1-75 connectin.q the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuqe to the east. 2. Transportation *An existin.q access road (presently providing access to County water wells) alon,q the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extending to the south Words ~ .... ~' ~-~" ..... ~' ............. ~.. are deleted; words underlined are added. 67 to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21,28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mininq activities with a connection through Sections 32 and 31 to Landfill Road. * Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. *The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern 1~ of the western 1/4 of Sections 22 and 27 which would consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or .qreenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road, any new roads and improvements to existing roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses through the Sending Area shall be desiqned with aquatic species crossings and small terrestrial animal crossings. The implementing Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. 3. Greenway *A NBM Greenway shall be created within the NRPA or sending lands following natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. 4. Red Cockaded Woodpeckers (RCW} *RCW nestinq and fora.qin.q habitat shall be mapped and protected from land use activities within Sending Lands Only. Although RCW nestinq and foraqing habitat shall be mapped within all Sendinq areas within the NBM Overlay, this shall be accomplished by a study specific to Section 24 conducted by Collier County within one year of the effective date of the NBM Overlay. Within Section 24, the Sending designation may be adjusted based upon the findinqs of the updated RCW nesting and foraqin.q habitat study. B. NRPA The NBM NRPA includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's Isee Exhibit "A"). This consideration combined with the fragmented ownership pattern and the state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. Plannin.q Considerations 1. Consolidation * The County should amend the Land Development Code to encouraqe further consolidation of small parcels. 2. Public Acquisition * The County and the property owners should suPport acquisition of privately owned land in the NBM NRPA area as a mechanism for protection. 3. Sending Area * The NBM NRPA shall be designated as a sendinq area for the Transfer of Development Riqhts (TDR). 4. TDRs *Owners of lands located in the NBM NRPA may transfer their development rights to Sections 21 and 28 and the west 1/4 of section 22 and 27, and/or other suitable locations within the Rural Frinqe Area at a ratio of 1 unit per 5 acres from Sending Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is qreater. C. RECEIVING AREAS Within the NBM Overlay, Receiving Areas are identified for clusterinq of residential dwellinq units, central water and sewer service, and for the transfer of development rights and comprise ± 3,368 acres in the northern and northwestern portions of the NBM Overlay. The Receiving Areas are generally located in the northern portion of NBM Overlay and are generally contiguous to Golden Gate Estates. Two sections are directly to the south of the APAC Earth Mining Operation. The Receivinq Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearinq and disturbance to the land. Within the Receivinq Area of the NBM Overlay, are located Sections 21,28 and the west ~,4 of Sections 22 and 27, which have been largely assembled under one property ownership. These lands are located south of the existing APAC earth mininq operation and have been largely impacted by agricultural operations. The location of Sections 21 and 28 is iust to the south and west of Wilson Boulevard located in the southern portion of north Golden Gate Estates. Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21,28 and the western halves of Sections 22 and 27 contain locally scarce Florida Department of Transportation grade rock for road construction, these uses are encouraqed to remain and expand on Sections 21 and 28 and on the western quarters of Sections 22 and 27. No conditional use approvals shall be required for earth mining or an asphalt plant within Sections 21, 28 and the western quarters of Sections 22 and 27, however, the County's existing excavation and explosive re.qulations shall apply. The extension of Wilson Boulevard to the south with an ultimate connection to the vicinity of Interstate 75, will serve to alleviate traffic congestion on Golden Gate Boulevard and serve as an alternate evacuation route for Golden Gate Estates. Sufficient area for right-of-way is available at the present time for the extension of this roadway. Additional right-of-way area may be required outside of Sections 21 and 28. Because of the proximity of Sections 21 and 28 and west 1/4 of section 22 and 27 to Golden Gate Estates, as well as other locations in the NBM Overlay Receiving Area, they are a logical locations for the development of a Rural Villaqe or Neighborhood Villaqe Center with a mix of uses which may include clusterinq of residential uses and civic and institutional uses, including limited retail uses at an intersection to be established with Wilson Boulevard. Words struck through are deleted; words underlined are added. 69 Planninq Considerations 1. North Belle Meade Rural Villaqe The standards for the Rural Villaqes/Commercial in the NBM Overlay Receiving Area shall be qenerally the same as provided for in the Rural Fringe Mixed Use District, however, because of the NBM Receivinq Area's location adjacent to Estates, the NBM NRPA, and other Sendinq lands, it does not have access to existing commercial uses, which should be encouraqed on NBM Receivinq Lands. The followinq exceptions shall apply: * The minimum gross density shall be 1.5 dwellin.q units per .qross acre and a maximum of 3 units per .qross acre. * A minimum of .5 dwellin.q units per gross acre shall be acquired through the transfer of development rights. Sidewalks shall be required on both sides of the streets in the NBM Rural Villaqe * Greenbelts shall not be required for any NBM Receiving Lands includinq any Rural Village. * Schools should be located within the NBM Rural Villaqe whenever possible in order to minimize businq of students an~l to collocate schools with public facilities and civic structures such as parks, libraries, community centers, public squares, .qreens and civic areas. Elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adiacent to the Rural Villaqe Center, provided such local streets provide adequate access as needed by the School Board. D. SENDING AREAS Within the NBM Overlay are + 5,178 acres of land that are identified as Sendinq Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sendinq Areas consist of the NRPA lands and +5 and 3,4 sections west of the NRPA (See Exhibit "A"). The sendin.q areas are locations where residential development is discouraqed. Endanqered and threatened species are located within the Sendinq Areas, including colonies of Red Cockaded Woodpeckers (see Exhibit "A"). Therefore, the protection of endangered and threatened species includinq the protection of habitat are primary plannin.q considerations in this area. Planninq Considerations 1. TDRs *Stronqly encourage the transfer of development rights from the NBM Sendinq Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. 2. Mitiqation Credit * Lands located in the NRPA and the adjoining buffer areas, which will be dedicated to a public or private entity for conservation use may also be credited towards meeting any governmental mitiqation requirements and on a one to one acreaqe basis towards meeting the onsite vegetation preservation requirements of NBM Receivinq Lands. 3. Habitat Protection * The Goals, Objectives and Policies of the Conservation and Coastal Manaqement Element for wildlife habitat protection shall apply to NBM Sendinq Lands. Words ~ .... ~' '-~' ..... ~ ............. ~.. are deleted; words underlined are added. 70 4. Public Acquisition *The County should support the public acquisition of Sendinq areas in the NBM Overlay, particularly in locations where endan.qered or threatened species are located. 13. C. Natural Resource Protection Area Overlay The purpose of the Natural Resource Protection Area (NRPA) Overlay desi,qnation is to protect endan.qered or potentially endan.qered species and to identify lar.qe connected intact and relatively unfra.qmented habitats, which may be important for these listed species. NRPAs may include major wetland systems and re.qional flow-ways. These lands .qenerally should be the focus of any federal, state, County or private acquisition efforts. NRPAs are located in the followinq areas: 1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); 2. CREW (Corkscrew Re.qional Ecosystem Watershed); 3. North Belle Meade; 4. Belle Meade; 5. South Golden Gate Estates (interim); 6. Okaloacoochee Slouqh (interim); and 7. Camp Keais (interim). NRPAs located in the Rural Frinqe Mixed Use District, or on nearby or adjacent Conservation Desi.qnated Lands are identified as Primary Sendin,q Lands. Private property owners within these NRPAs may transfer residential development ri.qhts from these important environmentally r-- sensitive lands. C. D. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. (IV) O-E. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on March 14, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while Words struck tkrcugk are deleted; words underlined are added. Page 71 providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses plus hotel/motel use. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 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 to be 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 will apply to residential and mixed-use development along the Bayshore Drive corridor, 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. Words struck through are deleted; words underlined are added. Page 7 2 ~ 6. The Bayshore Drive Zoning Overlay will be developed and adopted into the Land Development Code in the present or next available amendment cycle. Expansion of existing commercial zoning boundaries along Bayshore Drive within the Bayshore Drive Mixed Use Zoning Overlay District will not be allowed until the zoning overlay is in place. Non-commercially zoned properties within the Bayshore Drive Mixed Use Zoning Overlay District may be eligible for in-fill, Iow-intensity commercial development provided they meet the criteria listed below: a. If one parcel in the proposed project abuts commercial zoning on one side, the commercial zoning may be applied for the entire project site. The following requirements must be met: joint access and/or vehicular interconnection; pedestrian interconnection; and the entire project site must comply with Division 2.8 of the Land Development Code, as may be modified by the Bayshore Drive Mixed Use Zoning Overlay. b. The depth of a parcel for which commercial zoning is sought may exceed the depth of the abutting commercially zoned property. Adequate buffers must be provided between the commercial uses and non-commercial uses and non-commercial zoning. c. The project must be compatible with existing land uses and permitted future land uses on surrounding properties. 7. Parcels currently within the boundaries of Mixed Use Activity Center #16 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. 8. 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, 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. 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. Words struck tkrcu~k are deleted; words underlined are added. Page 7 3 e. For purposes of this Overlay, each 14 feet of building height shall be considered one story. 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. 10. For properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. For properties within the Coastal High Hazard Area (CHHA), only the affordable housing density bonus, as provided in the Density Rating System, 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. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses as provided in #4 and #5 above for that portion of the Overlay lying within the CHHA, except that 156 dwelling units with direct access to US-41 East shall not be counted towards this 388 dwelling unit limitation. These 388 dwelling units correspond with the number of dwelling units to be rezoned from the botanical gardens sites, as provided for below, resulting in a shift of dwelling units within the CHHA. There is no such density bonus limitation for that portion of the Overlay lying outside of the CHHA. 12. The Botanical Garden, Inc. properties located in Section 23,Township 50 South and Range 25 East 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. Within one year of the effective date of this amendment establishing the Bayshore/Gateway Triangle Redevelopment Overlay, the properties to be developed with a botanical garden or other non-residential use, will be rezoned from the present 388 residential zoning districts to a non-residential zoning district(s). No portion of the dwelling unit density bonuses within the CHHA can be utilized until a corresponding number of dwelling units has been rezoned from_the botanical gardens site(s), as provided for above. Words ~ .... ~' ~ ..... ~ ............. ~.. are deleted; words underlined are added. Page 74 FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map (I) Wellhead Protection Areas (IV) Bayshore/Gateway Triangle Redevelopment Overlay Map Words struc]: ~ ..... ~ . ...... ~.. are deleted; words underlined are added Page 75 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Symbol Date Amended Ordinance No. ** May 9, 2000 Ordinance No. 2000-25 *** May 9, 2000 Ordinance No. 2000-26 (I) May 9, 2000 Ordinance No. 2000-27 ** Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). *** Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal Management Element (Ord. No. 97-66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97-67); and re- adopts Policy 2.2.3 of the Golden Gate Area Master Plan. ****Ordinance No. 99-82, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, pursuant to the Final Order dated June 22, 1999, in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). This Ordinance was found "in compliance" by DCA, that determination was Challenged, an Administrative Law Judge issued a Recommended Order that sided with DCA, and DCA issued a Final Order finding the Ordinance "in compliance." * Indicates adopted portions Note: the support document will be updated as current information becomes available. Words struck through are deleted; words underlined are added Transmittal Document (3-4-02) Collier County Growth Management Plan Conservation and Coastal Management Element GOAL1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES. OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1.1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.4: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. Policy 1.1.7: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 1 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element development review process. Implementation shall occur on an annual basis as standards and criteria are developed. Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. Policy 1,2.2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by established water-shed and sub-basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2,5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC-99-002 dated June 22, 1999, complete the phased delineation, data gathering, management guidelines and implementation of the NRPA program as part of the required Collier County Rural and Agricultural Assessment. The purpose of NRPAs will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission, the predecessor agency of the Florida Fish and Wildlife Conservation Commission) and their habitats. **** Pursuant to the Administration Commission Final Order, the County has mapped and identified the Camp Keais Strand, CREW Lands, Okaloachoochee Slough, Belle Meade and South Golden Gate Estates as NRPA's, with the express understanding that during the Rural and Agricultural Assessment (Assessment) required by the Final Order, the goal of assisting in the Underline and S~ket~=~s reflect proposed changes to the current Growth Management Plan. Page- 2 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element protection of endangered species and their habitat will be further addressed and that. appropriate protection measures will be incorporated into comprehensive plan amendments to be adopted at the conclusion of the Assessment. In the interim, and during the Assessment, a development moratorium as set forth in the Final Order and in Ordinance 99-77 will be in place until comprehensive plan amendments are adopted. The County has determined that the development moratorium, the NRPA boundaries approved November 23, 1999, and the additional restrictions that apply within the existing Area of Critical State Concern provide sufficient protection for these resources on an interim basis until adoption of the final comprehensive program to protect these resources. In selecting the final comprehensive program the County, as part of the Assessment, will evaluate the NRPA program and its criteria and implementation as well as other programs which may better provide adequate protection to the resources. Policy 1.3.1: **** The program will, subject to completion of the Assessment and adoption of the comprehensive plan amendments, include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map. Pursuant to the Final Order, the general areas of Camp Keais Strand, CREW Lands Okaloachoochee Slough, Belle Meade and South Golden Gate Estates have been mapped and identified as NRPAs on the Future Land Use Map. These areas shall be further refined as the Assessment is implemented as a collaborative and community- based effort. **** All available data shall be further considered and refined during the Assessment to determine the final boundaries of these NRPAs. As part of the Assessment, the County shall evaluate the merits of including additional areas into these boundaries including, but not limited to, the area of Northern Belle Meade, the area known as the "Stovepipe" to the north, northwest and northeast of the Okaloachoochee Slough and the area southwest of the Okaloachoochee Slough to the southeastern portion of the Camp Keais Strand which is south of Oil Well Road (OR 858). Durinq the Assessment for the Rural Fr nqe area, the County has determined that CREW Trust lands, the Belle Meade, and a portion of the Northern Belle Meade shall be identified as NRPAs. The_.~.~_pecific bou.___ndaries have been identified as NRPAs on the Futuro Land Use Ma ' ' ~ , These addit4eRal status of the other interim NRPAs and study areas ars shown on the Future Land Use Map will be addressed at the completion of the Assessment. Within there remaining study areas, the following shall be the primary focus of addition study: ...... g ~g ........... I~ .............. I" .......................... /~% ~,,,! ,ehs ~vt,',,,',+ f,,'~ ~,l~:,..,h i~stod .................. (C) .... : ....... ~ .',.+,-, +h ....... ,4 ......+,,,.*), +,-. ,',t~O~ ~'~';+"+ "" ;+ .,.I..+-..- +.-. *~'O (d) .... ~ ...... "*' '";*;""fcr 'c"*'''''*i''''' ''~ ......... ~ .............. ~ ............. and impro.;omontc for !!st"d cpsc:es ~'"~'~*"+ through ""*>'"" to ~""" ,,4. +kS =ddltlcn ''~ ' ,,,,4 ........ +.. [,.+,.....+..+.. Underline and Str!kcthrc'--'.~hs reflect proposed changes to the current Growth Management Plan. Page- 3 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element **** Stovepipe Study Area (a) examine the level of existing and permitted agricultural improvements and impacts on listed species and their habitat; (b) examine whether the existing Area of Critical State Concern program affords sufficient protection to listed species and their habitat; (c) examine the possibility of acquisition of these properties by State or Federal programs, including partial acquisition programs, an example of which would be conservation easements; (d) examine whether use of transfer of development rights would be appropriate in this area and, if so, whether there should be any restrictions on their use; (e) examine and analyze the Florida panther's use of agricultural lands and whether such agricultural lands constitute critical habitat for the species; and (f) examine and analyze whether any lands should be restored. **** Oil Well Road (CR 858) Study Area (a) examine the extent to which existing agricultural and mining operations, improvements and facilities have impacted listed species and their habitat; (b) examine documented movement of the Florida panther in the area; (c) examine and analyze the Florida panther's utilization of agricultural lands and whether such agricultural lands constitute critical habitat for the species; (d) examine whether use of transfer of development rights would be appropriate in this area and, if so, whether there should be any restrictions on their use; and (e) determine whether the east/west wildlife corridor provided by the Florida Panther National Wildlife Refuge and the Big Cypress National Preserve provides sufficient connectivity to protect the species. **** In addition to the moratorium referenced above, the County shall give notice to the Florida Department of Community Affairs of all applications to develop or otherwise impact the above special study areas. b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses for the CREW, North Belle Meade, and Belle Meade NRPAs are those contained in the Future Land Use Element. Vegetation preservation and other development standards for the NRPAs in the Rural Frinqe Mixed Use District are found in other CCME policies; d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options -.. should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Underline and ~ reflect proposed changes to the current Growth Management Plan. Page - 4 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. **** The County recognizes that the NRPA program is not the only mechanism to protect significant environmental resources and that the NRPAs being established at this time are of an interim nature in conjunction with the development moratorium required by the Final Order. As a consequence, the designation of an area as a NRPA or as part of a special study area is not intended to affect property valuation on specific parcels. It is anticipated that the Assessment will address all of the issues identified above and that the resulting comprehensive plan amendments will provide resource protection measures best suited to meet the goals and objectives of this comprehensive plan. Policy 1.3.2: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.3: Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. Underline and ,S~,~Rm~]h~ reflect proposed changes to the current Growth Management Plan. Page- 5 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element GOAL 2: THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems.. Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land-disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non-structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect 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; and 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 and proposed new works. Underline and St~k-e~=~ reflect proposed changes to the current Growth Management Plan. Page- 6 - Colfier County Transmittal Document ($-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 2.1.5: As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2.1.6: Promote intergovernmental cooperation between Collier County and the municipalities of Naples and Everglades City for consistent watershed management planning. Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands are encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy 2.2.5: By December 31, 1998, identify stormwater management systems that are not meeting State water quality treatment standards. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 7 - Collier County Transmittal Document (3-4-02) Growth Management Plan Consen/ation and Coastal Management Element Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3.3: In an attempt to increase ground water levels 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 watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: Continue to implement and refine a water quality and sediment monitoring program for the estuarine system Policy 2.3.5: Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement includes the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run-off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3,6: Restrict development activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: By June 30, 1998, complete a draft agreement with the Florida Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The agreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: At a minimum the County shall notify Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of Environmental Protection staff to participate in the development of future coastal and watershed management plans. Underline and Str!kcthrc'--'ghs reflect proposed changes to the current Growth Management Plan. Page- 8 - Collier County Transmittal Document ($-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 2.4.3: The County will request the cooperation of the Department of Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Policy 2.5.1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 9 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element ~ GOAL3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL (I) OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards by January 2002 and shall be maintained thereafter. (I) Policy 3.1.1: Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W-2 is the land area between the W-1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield). c) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W-3 boundary line and the 100 percent ground ...... water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones. b) Future solid waste transfer stations: prohibited in W-l, W-2, W-3. c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes: prohibited in W-l, W-2, W-3. d) Future non-residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W-l, W-2, W-3. e) Future domestic wastewater treatment plants: prohibited in W-1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W-1 and W-2, conditional use required in W-3 and W-4. i) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W-1 subject to complying with construction standards and provision of an automatic dosing device and a Iow-pressure lateral distribution. 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 meet all construction and operating standards contained in 64E-10, F.A.C. as Underline and Strik=thrcugh= reflect proposed changes to the current Growth Management Plan. Page - 10 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coasta/ Management Element ~ the rule existed on August 31, 1999 and shall implement a ground water monitoring plan. 3. Conditional uses shall be granted only in extraordinary circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. (I) OBJECTIVE 3.2: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. (I) Policy 3.2.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. (I) Policy 3,2.2: Implement the South Florida Water Management District's well construction standards in the Collier County Well Construction Ordinance that will provide for inspections and penalties if well drillers do not follow these standards. (I) Policy 3.2.3: A committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff will continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. (I) Policy 3.2.4: The County will inform well contractors and drillers and the public on the necessity for proper well construction and hold. workshops for well drillers on proper techniques for well construction in Collier County. (I) Policy 3.2.5: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. (I) OBJECTIVE 3.3: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) (I) Policy 3.3.1: Maintain and refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. (I) Policy 3.3.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". Underline and St~J,~fl~r~)u~J~ reflect proposed changes to the current Growth Management Plan. Page - 11 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element (I) Policy 3.3.3: Continue to identity and delineate existing land uses that possess the greatest potential for wellfield contamination. (I) Policy 3.3.4: Continue to establish and apply technically and legally defensible criteria for determining and mapping zones of protection. (I) Former OBJECTIVE 3.3 and Policies 3.3.1, 3.3.2, 3.3.3, 3.3.4 [deleted] OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.4.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. Underline and Std?.cthrc'.'ghs reflect proposed changes to the current Growth Management Plan. Page - 12 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element --' GOAL4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. OBJECTIVE 4.2: The County will promote conservation of its water supply and by April 1, 1998, develop a comprehensive conservation strategy, whi(~h will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Policy 4.2.6: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Underline and ,~4~<~,h,~eu~ reflect proposed changes to the current Growth Management Plan. Page - 13 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5.1.4: 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 5.1.5: Monitoring shall be required to determine compliance .with State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy 5.2.1: The Program will define reclamation standards for the protection and restoration of wildlife habitat. OBJECTIVE 5.3: On biennial basis, beginning in October, 1998, review and refine estimates of types and quantities of existing minable mineral resources in Collier County, based in information collected during previous biennium. Policy 5.3.1: Work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. Underline and S~ reflect proposed changes to the current Growth Management Plan. Page - 14 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element OBJECTIVE 5.4: The County shall maintain its program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. Policy 5.4.1: Rely on the USDA Natural Resources Conservation Service to provide the County with appropriate soil conservation guidelines for agriculture. Underline and Std~cthrc'-'ghs reflect proposed changes to the current Growth Management Plan. Page - 15 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. Objective 6.1: By June 1, 1998, identify, define, and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection consistent with policies 6.4.6 and 6.4.7 through negotiations between County Staff and development interests as part of the public hearing process. These negotiations are based on provisions in the Collier County Land Development Code No. 91-102. This Objective and its Policies shall apply to all lands within Collier County except the Rural Fringe Mixed Use District and Secondary Sendinq Lands, as designated on the FLUM. Policy 6.1.1: By June 1, 1998, inventory, define, and prepare development standards and prepare criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3: By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of this process. Policy 6.1.5: The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6.1.7: Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this Element will apply. Underline and Str!~cthrcu~,hs reflect proposed changes to the current Growth Management Plan. Page - 16 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 6.1.8: Incentives should be created which would allow development to continue, but at the same time would also insure that some of the most ecologically sensitive habitat and vegetative communities are retained. Policy 6.1.9: In the event that the County adopts an open space recreational system, consideration should be given to incorporating the linkage and protection objectives of the retained habitat. OBJECTIVE 6.2: There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands, which are addressed in Objective 6.3. This Objective and its Policies shall apply to all lands within Collier County except the Rural Frin.qe Mixed Use District and Secondary Sending Lands, as desi.qnated on the FLUM. Policy 6.2.1: Until such time that Natural Resource Protection programs/plans (Objectives 1.3, 2.5 and 11.6) and development standards for habitat areas (Objective 6.1) are adopted, the following policies shall serve as interim criteria for incorporation into all development orders. Policy 6.2.2: All wetlands are designated as environmentally sensitive areas. Policy 6.2.3: Altered or disturbed wetlands are considered to be not viable, not naturally functioning, degraded wetland ecosystems. Policy 6.2.4: The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy 6.2.5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2.6: Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02 (17), Florida Administrative Code, "Submerged Marine Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6.6. Policy 6.2.7: Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. Underline and Str!~cthrc'--'ghs reflect proposed changes to the current Growth Management Plan. Page - 17 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 6.2.8: All mitigation for development in Coastal area wetlands should occur in the Coastal area. Policy 6.2.9: Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Protection. Policy 6.2.10: Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2.12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2.13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. OBJECTIVE 6.3: A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DER and the COE permitting process and approved by the County. This Objective and its Policies shall at~lv to all lands within Collier County except the Rural FrinRe Mixed Use District and Secondary SendinR Lands, as desiqnated on the FLUM. Policy 6.3.1: The transitional zone wetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Florida Department of Environmental Regulation. Underline and ~t~iket, h,'~ reflect proposed changes to the current Growth Management Plan. Page - 18 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 6.3.2: Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland areas, or preservation, enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6.3.3: Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. A conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. Policy 6.3.4: Wetlands shall be delineated according to Section 373.019 Florida Statutes and Section 373.421 Florida Statutes. OBJECTIVE 6.4: A portion of each viable, naturally functioning non-wetland native habitat type shall be preserved or retained as appropriate. This Objective and its Policies shall at~lv to all lands within Collier County except the Rural Frinqe Mixed Use District and Secondary Sendin,,q Lands~ as desiqnated on the FLUM. Policy 6.4.1: Continue to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be preserved. Policy 6.4.3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6.4.4: Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.5: Developments greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in all applicable objectives and policies of this Conservation and Coastal Management Element. Underline and Str!~ethrc'-'ghs reflect proposed changes to the current Growth Management Plan. Page - 19 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 6.4.6: All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space, which are planted with native species, shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4.7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However, this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels, which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4.8: Agriculture shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for at least ten years. For any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. OBJECTIVE 6.5: The County shall continue to incorporate native vegetation into landscape designs in order to promote the preservation of native plant communities and encourage water conservation through native vegetation. This Ob/ective and its Policies shaft apply to all lands within Collier County except the Rural Fringe Mixed Use District and Secondary Sending Lands, as designated on the FLUM. Policy 6.5.1: Priorities for incorporating non-invasive native vegetation into landscape design shall be as follows: a) The first choice is to keep and enhance existing native habitats on site and intact for incorporation into the landscape design. b) If this is not practicable, then consideration should be given to transplanting existing species to another location on site. c) If this is not practicable, then attempt to use native species to recreate lost native habitat. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 20 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element d) If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote "xeriscape" principles. Policy 6.5.2: Landscape Ordinances will continue to identify specific plant coverage and assemblage requirements. OBJECTIVE 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat. This Objective and its Policies shall apply to all lands within Collier County except the Rural Fringe Mixed Use District and Secondary Sendinq Lands, as designated on th~ FLUM. Policy 6.6.1: Annually identify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged marine habitats that are deemed important. Policy 6.6.2: Continue to regulate boat traffic and other uses and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. Policy 6.6.3: Where applicable, guidelines of the Department of Environmental Protection for Outstanding Florida Waters and Aquatic preserves shall be considered to review land development projects in and near sea grass beds. OBJECTIVE 6.7 The County shall protect native veqetative communities within the Rural Frinqe Mixed Use District and Secondary Sendin.q Lands, as desiqnated on the FLUM. throu.qh the application ol minimum preservation requirements. The followin,q policies provide criteria to make this obiective measurable. This Objective and its policies shall apply only to those land~ within the Rural Fringe Mixed Use District and Secondary Sending Lands, as designate~l on the FL UM. Policy 6.7.1: For the County's Rural Frinqe Mixed Use District, native vegetation shall be preserved on site throuqh the application of the followinq preservation and ve.qetation retention standards and criteria · Preservation and Native Vegetation Retention Standards: a. Receving Lands: A minimum of 40% of the native ve.qetation 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. c. Non-NRPA Sendin,q Lands: Underline and ~ reflect proposed changes to the current Growth Management Plan. Page - 21 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Calculated at the higher value of 80% of the native vegetation present, or 80% of the total site area; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or 90% of the total site area. e. Provisions a. throuqh d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.8. f. In order to ensure reasonable use and to protect the private property riqhts of owners of smaller parcels of land within lands designated Rural Fr nge Mixed Use District on the Future Land Use Map, nc uding 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, the native veqetation c earing allowance shall be allowed, at a minimum 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 lenqth. For lots and parcels greater than 5 acres but less than l u acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum cearing allowance where other provisions of this Plan allow for greater c earing amounts. These c earing limitations shall not prohibit the c earing of brush or under-story veqetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receivinq 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 canopy1 under-story and ground cover, emphasizing the largest contiguous area possible. (3) Areas that fulfill the native veqetation retention standards and criteria of this policy shall be set aside as preserve areas. All onsite or offsite preserve areas shall be protected by a permanent conservation easement to prohibit further development, consistent with the requirements of this policy. (4) Selection of the preserve areas shall reflect the fol owing criteria in descending order of priority: a. Onsite wetlands shall be preserved pursuant to Policy 6.8.5 of this element; b. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife throuqh the site. This criterion shall be consistent with the requirements of Policy 7.4.1 of this element. Parcels containing gopher tortoises shall protect the argest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1. Any upland habitat that serves as a buffer to a wetland area. 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and Underline and Str!~:thrc'--'~,hs reflect proposed changes to the current Growth Management Plan. Page- 22 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element 6. All other upland habitats. (5) Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impacl. the minimum required native vegetation. (6) A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire manaqement, and maintenance o[ permitted facilities. (7) Off-site preservation shall be allowed to provide flexibility in the project design. a. Within Recevin.q 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 desiqnated 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 contro I n.q. 1. Off-site preservation areas shall be contiguous to designated Sendin.q Lands and shall be allowed at a ratio of 3:1. c. Off-site preservation shall not be allowed in NRPA Sendinq Lands. (8) Density Bonus Incentives shall be granted to encouraqe preservation amounts greater than that required in this policy. This bonus shall be allowed only after the project density _. reaches the maximum allowable density usinq TDRs. Density bonuses shall be limited to no more than 10% of the allowed density, nc udin.q any additional units allowed pursuant to the TDR pro.qram or units allowed for Rural V Ila.qes. 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) Existinq 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 adionin,q off-site preservation areas or wildlife corridors; (12) This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more that the portion of the site required to be preserved. Policy 6,7.2 Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Applicants for development permits shall submit and implement plans for invasive exotic plant removal and on.q-term control. (2) Maintenance plans shall describe specific techniques to prevent re-invasion by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation in the Land Development Code and update it as necessary. Underline and Strikethrc'.:gh: reflect proposed changes to the current Growth Management Plan. Page- 23 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 6.7.3 Agriculture shall be exempt from the above preservation requirements contained in Policy 6.7.1 of this element provided that any new clearing of land for agriculture shall not be converted tu non-agricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6.7.1 of this element shall be applied to the site at the time of the conversion. The percentage of native veqetation preserved shall be calculated on the amount ol veqetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larqer plant materials so as to more quickly re- create the lost mature vegetation. Policy 6,7.4 Exemptions from the Rural Fringe Mixed Use District Development Standards - As provided for in the Final Order, the requirements of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued, or uses for which completed applications were received by the County prior to June 22,1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existinq uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Chanqes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres}, the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. Policy 6.7.5 The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. This shall be accomplished by: (1) Providing incentives for retaining existing native vegetation in landscaped areas; (2) Establishinq minimum native vegetation requirements for new landscaping; and, (3) Wet detention ponds within the Rural Fringe Mixed Use District, shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Policy 6.7.6 An Environmental Impact Statement (ELS) is required, to provide a method to obiectively evaluate the impact of a proposed development, site alteration1 or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoninq 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 degrade1 the environmental quality and resources of the particular project or development site, the general area and the greater community. An ElS shall be required for: Underline and ~ reflect proposed changes to, the current Growth Management Plan. Page- 24 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element 1. Any site with an ST or ACSC-ST overlay, or within the boundaries of Sendinq Lands or NRPAs. 2. All sites seaward of the Coastal High HaT, rd Area boundary that are 2.5 or more acres. 3. All sites landward of the Coastal Hiqh Hazard Area boundary that are ten or more acre~. 4. Any other development or site alteration, which in the opinion of the development services director, would have substantial impact upon environmental quality. The ElS requirement does not apply to a single family or duplex use on a single lot or parcel. The ElS requirement may be waived subject to the fo owing: 1. Agricultural uses as defined in 9J-5.003(2), including aquaculture for native species. 2. After inspection by County staff and filing of a written report, any land or parcel of land has been so altered as to have irreparable damage to the ecological, drainage, or groundwater recharqe functions; or that the development of the site will improve or correct the existing ecological functions or not require any major alteration of the ex sting landforms, drainage, or flora and fauna elements of the property. For the purpose of this policy, major alteration shall mean greater than 10% of the site. 3. Exemptions shall not apply to any parcel with an ST or ACSC-ST overlay, or within the boundaries of Sending Lands or NRPAs except for single family homes or as otherwise allowed by the ST or ACSC-ST criteria. OBJECTIVE 6.8: The County shall protect and conserve wetlands and the natural functions of wetlands within the Rural Fringe Mixed Use District and Secondary Sending Lands, as designated on the FLUM. The fol owing policies provide criteria to make this obiective measurable. This Objective and its policies shall apply to only those lands within the Rural Frinqe Mixed Use District and Secondary Sendin.q Lands, as desiqnated on the FLUM. Policy 6.8.1 As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subiect to Policy 6.8.2 of this element, at the time of project permitting to determine the exact location of iurisdictional wetland boundaries. Policy 6.8.2 Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of jurisdictional wetland boundaries are further described by the delineation methodoloqy in Section 373.421 Florida Statutes. Policy 6.8.3 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from larqe connected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes1 conditions and locations within Collier County. 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 Underline and ~ reflect proposed changes to the current Growth Management Plan. Page - 25 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element uses. Collier County shall direct incompatible land uses away from these larqe landscape scale wetland systems by the fo lowing mechanisms: (1) Conservation Des(qnation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundary of the land designated as Conservation on the Future Land Use Map. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservatiof~ Designation (Reference FLUE Land Use Designation Section IV.I will accommodate limited residential development and future non-residential development. These limitations suppo[I. Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) B~q 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 requlations contained in the ACSC Overlay District on the Future Land Use Map provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay specifies that site alterations shall be limited to 10% of the total site. A large percentage of the land contained within the ACSC is also within the Conservation Designation and thus is subiect to the land use limitations of that Land Use Designation. (Land Use Designation Section V.) (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map. These areas identify high funct onin.q wetland systems in the County and represent an additional 12%___ of County wetlands that are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. (Reference the FLUE Land Use Desiqnation Section II (I) for the specific land use restrictions.) Allowable land uses for the NRPAs that are located in the Rural Fringe Mixed Use District are also subject to native vegetation and preservation standards of 90%. (Reference CCME Policy 6. 7.1) (4) Rural Frin,qe Mixed Use District Sending Lands Best available data indicates that 16,000+ acres of wetlands are contained within designated Sending Lands consttuting 70%_+ of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive-based Transfer of Development Rights Program that allows land owners within these Sendinq Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District Receiving Lands. Incompatible land uses are also directed away from Sending Lands by restr ct n.q allowable uses. (Reference FLUE Rural Frinqe Mixed Use District.) Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90%. (Reference CCMI:: Policy 6. 7.1) Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District1 and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area, the County finds that the wetland systems in Underline and ,gt~ik, et~J;~ reflect proposed changes to the current Growth Management Plan. Page - 26 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA overlays, and Rural Fringe Sending Lands. On a project-specific basis, wetlands and wetland functions shall be protected through the follow n,q mechanisms: (1) Federal and State jurisdictional agency review and wetland permittin.q; (2) Vegetation preservation policies supportinq CCME Obiective 6.7; (3) Wetland protection policies supporting CCME Obiective 6.8; and (4) Cluster n.q provisions specified in the FLUE (Reference FLUE Rural Frinqe Mixed Use District.). Policy 6.8.4: Past development has altered Collier County wetlands causing wetland systems to lose some degree of functionality, especially within the Urban Designated Area, North Golden Gate Estates, Rural-Settlement Area District and the Rural Fringe Mixed Use District Receivin,q Lands. In order to assess the values and functions of wetlands at the time of project review, -applicants shall rate functionality of wetlands usinq the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publicatio~ Re.q-001, dated September 1997, and updated August 1999, until such time as the District adopts the proposed Unified Wetland Mitigation Assessment Method, described in draft forn~ and identified as F.A.C. Chapter 62-345-Uniform Wetland Mitigation Assessment Method. Thu applicant shall submit to county staff, agency accepted WRAP scores. County staff shall review this functionality assessment as part of the County's ElS provisions and shall use the results to direct incompatible land uses away from the highest functioninq wetlands according to the requirements found in Policies 6.8.5, 6.8.6 and 6.8.7 of this element. Policy 6.8.5: Collier County shall direct land uses away from higher functonin.q wetlands by mitin.q direct impacts within wetlands based upon the veqetation requirements of Policy 6.7.1 of this element. the wetland functionality assessment described in Policy 6.8.4 of this element, and the final permitting requirements of the South Florida Water Management District. A direct impact i~ hereby defined as the dredging or fillinq of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.7.1 of this element to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserveu as part of this vegetation requirement accordinq to the fo ow n.q criteria: a. The acreage requirements of Policy 6.7.1 of this element shall be met by preserving wetlands with the highest wetland functionality scores. Wetlands havinq functionality assessment scores of at least 0.65 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.7.1 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a functionality assessment score greater than 0.65 shall be required to be retained exceeding the acreaqe required by Policy 6.7.1 of this element. b. Wetlands utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site. c. Wetland flowways through the proiect shall be maintained. d. Upland veqetative communities may be utilized to meet the vegetative preservation requirements of Policy 6.7.1 of this element when the wetland functional assessment score is less than 0.65. Underline and ,~4k~,hce~4~ reflect proposed changes to the current Growth Management Plan. Page - 27 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element (2) All direct impacts shall be mitigated for pursuant to the requirements of Policy 6.8.7.of this element. (3) Single family residences shall follow the requirements contained within Policy 6.8.10 of this element. Policy 6.8.6 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 adiacent to a natural water body, and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer may be used in coniunction with a vegetative buffer that would reduce the ve.qetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to thu following standards: (1) The buffer shall be measured landward from the approved jurisdictional line. (2) The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. (3) The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. (4) The followinq land uses are considered to be compatible with wetland functions and are allowed within the buffer: a. Passive recreational areas, boardwalks and recreational shelters; b. Pervious nature trails; c. Water management structures; d. Mitigation areas; e. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. (5) A structural buffer may consist of a stem-wall, berm, or veqetative hedge with suitable fencing, Policy 6.8,7 Mitiqation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. (1) Mitigation Requirements: a. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providinq an equal amount of storage or conveyance capacity on site and within or adiacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland veqetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. d. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with (a) through (c) of this policy. If agency permits have not provided mitigation consistent with this policy, Collier' County will require mitigation exceeding that of the jurisdictional agencies. e. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Policy Underline and Str~a~hr~a~ reflect proposed changes to the current Growth Management Plan. Page- 28 - Co/lier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element 6.8.10 of this element. (2) Miti,qation Incentives: a. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and ve,qetatio,~ retention requirements. Density bonuses shall be limited to no more than 10% of thu allowed density. b. Preferred miti.qation activities that would qualify for these incentives include, but are not limited, to the following: 1. Addinq wetland habitat to or restorin.q wetland functions within Rural Frin.qe Mixed Use District Sending Lands, 2. Creatinq, enhancing or restoring wadin.q bird habitat to be located near wood stork, and/or other wadinq bird colonies. c. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific criteria in the LDC to implement this incentive program, and to identify other mitigation priorities. Policy 6.8.8 Wetland preservation, buffer areas, and miti.qation areas shall be dedicated as conservation and common areas in the form of deed restrictions or throu.qh conservation easements and shall be platted; 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 Plan, Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.8.6(4) ol this element and shall not include any other activities that are detrimental to drainage, flood -- controll water conservation, erosion control or fish and wildlife habitat conservation and preservation. Policy 6.8.9 The wetland functional assessment as described in Policy 6.8.4 shall be part of the County's ElS requirements. The ElS will identify any proposed impacts to wetlands, proposed m ti,qation strateqies and all buffer n,q requirements. Policy 6.8.10 Collier County shall rely upon federal and state wetland permittin.q for sin.qle-family residences which are not part of an approved development proiect. These sin.qle-family residences shall be exempt from the wetland functionality assessment requirements of Policy 6.8.4 of thi~ element. Policy 6.8.11 The County shall provide for adequate staff to implement these provisions. OBJECTIVE 6.:~9 The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.~9~1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect Underline and ~ reflect proposed changes to the current Growth Management Plan. Page - 29 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.-79~2: Continue to meet with the appropriate counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.79..~.3: 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. OBJECTIVE 6.8.10: The County shall protect natural reservations from the impact of surrounding development. For the purpose of this Objective and its related policies: natural reservations shall include only Natural Resource Protection Areas (NRPAs) and designated Conservation Lands on the Futuru Land Use Map; and, development shall include all proiects except for permitting and construction of sinqle-family dwelling units situated on individual lots or parcels. This Obiectiw and its Policies shall apply only to the Rural Fringe Mixed Use District and Secondary Sending Lands, as designated on the FLUM. Policy 6.810.1: All requests for land development within !OOO foot of contiguous to natural reservations shall be reviewed as part of the County's development review process, tc ~ ...... nc ,Jnacccpt~bl9 Policy 6.81...~0.2: The following criteria "'""*"~""'": ....~i..~h,.. cbjccti:'CC ""'~ ""~"";'~° ^' ,r.;.. :, .... * shall apply to development contiguous to ncar natural reservations in order to reduce negative impacts to the natural reservations: (1/ The required open space shall be used to provide a buffer between the proiect and the natural reservation. Open space allowed between the proiect's non-open space uses and the boundary of the natural reservation shall include those areas of natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. Existing agricultural operations shall be allowed within the open space requirements with additional agricultural clearin.q allowed subject to best management practices, consistent with the provisions of the Right to Farm Act. a. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: (1) preservation areas; (2) golf course roughs maintained in a natural state; (3) stormwater management areas; (4). pervious nature trails and hiking trails limited to use by nonmotorized vehicles. Underline and Strikcthro'--'ghs reflect proposed changes to the current Growth Management Plan. Page - 30 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element b. The uses in para.qraph a above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, ncludin.q playqrounds, tennis courts, .qolf courses (excudin.q roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or ope,, space uses that are impervious in nature. In no case however shall these moru intensive open space uses be located closer than 300 feet to the boundary of the natural reservation. c. In addition, where woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wadinq bird roosts are found in the adjacent natural reservation, the open spaces identified in sub-sections 1.a.(1) throuqh (3) are considered acceptable for placement within a buffer as specified below: (1) Woodstork (Mycteria americana) rookeries, bald ea.qle (Haliaeetus leucocephalus) nests - 1,500 feet; (2) Wading bird roost - 300 feet; (3) These buffer distances shall only apply to the identified entity within the natural reservations. (4) These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be 'deemed consistent with the Growth Manaqement Plan. d. Exist n.q native veqetation that is located conti.quous to the natural reservation shall be preserved as part of the preservation requirements specified in Policy 6.7.1 of this element. e. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species throu.qh the project to the natural reservation. The County shall consider the recommendations from the USFWS and the FFWCC in the delineation of the corridors. Appropriate accommodations include: (1) Use of fences, walls or other obstructions to encoura.qe wildlife to use natural corridors or to separate wildlife corridors from areas of human activity, (2)Location of roads away from identified corridors; (3) Use of appropriate roadway crossings and si.qna.qe where it is unavoidable for roadways to cross wildlife trails; (4)Any other techniques recommended by the USFWS and the FFWCC. f. Outside of this open space buffer, other permitted uses shall be located in such a manner as to place the most intensive land uses the furthest distance from the natural reservation. q. The County shall consider the recommendations by the USFWS and the FFWCC when considering the placement of open space next to natural reservations and setback distances from listed species as noted above. Any such changes shall be deemed consistent with the Growth Manaqement Plan. (2) The wildlife protection criteria of Policy 7.4.1 shall also apply. (3) Stormwater mana.qement systems d schar.qin.q directly to the natural reservation shall meet the Outstanding Florida Water criteria of one-half inch of dry retention or retention pretreatment as specified in Section 5.2.2(b), of the SFWMD's Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, August 2000. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surroundinq land and project Underline and Strik:thrc'--'ghs reflect proposed changes to the current Growth Management Plan. Page - 31 - Transmittal Document (3-4-02) Collier County Growth Management Plan Conservation and Coastal Management Element control elevations and water tables. In order to meet these requirements, projects shall be desiqned in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review. Underline and ,~,~tAre~ reflect proposed changes to the current Growth Management Plan. Page- 32 - Transmittal Document (3-4-02) Collier County Growth Management Plan Conservation and Coastal Management Element GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1 The County shall continue to improve marine fisheries productivity by building additional artificial reefs. Policy 7.1.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy 7.1.2: The County will coordinate its activities with the Florida Department of Environmental Protection, the Marine Extension Office and other appropriate agencies. OBJECTIVE 7.2 Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through the mechanisms and criteria contained within this element, the County's objective is to control the number of manatee deaths due to boat related incidents to no more than this seven- year average. Policy 7.2.1: Characterize and map designated critical manatee critical habitats and evaluate areas of greatest potential threats. Policy 7.2.2: Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of manatees is from boats. Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5). Policy 7.2.4: The County will continue to work with appropriate State and Federal agencies to identify areas where propeller driven boats will be prohibited. OBJECTIVE 7.3: By January 1, 1992, the County shall develop and implement programs for protecting fisheries and other animal wildlife. This Obiective and its Policies~ excludin,q Policy 7.3.9~ shall,, apply to all lands within Collier County except the Rural Frin.qe Mixed Use District and Secondary Sendin,q Lands, as desiqnated on the FLUM,. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 33 - Transmittal Document (3-4-02) Collier County Growth Management Plan Conservation and Coastal Management Element Policy 7.3.1: By accrediting Natural Resource staff as code enforcement officers, the County shall continue to enforce its existing Sea Turtle Protection Ordinance which provides standards for shielding outdoor lighting, protecting nests from surrounding construction activities, and relocating nests. Policy 7.3.2: Continue to update the guide for homeowners and builders, which explains the need for protecting sea turtles and how this can be accomplished. Policy 7.3.3: The County will continue to prepare management guidelines to be incorporated as stipulations for land development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Florida Panther, wood stork habitat and for other species of special status. Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of Technical Assistance to Local Government, and U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. Policy 7.3.5: The County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts, which will require relocation of burrows. The suitability of alternate sites should be evaluated as to: a. physical suitability of the site, b. long-term protection, c. conflicts with other management objectives for the land, and d. costs of relocation. Policy 7.3.6: A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission shall be required for developments greater than 10 acres as part of the County's ElS review process. Policy 7.3.7: The County shall notify the Florida Game and Fresh Water Fish Commission of the existence of any species with special status that may be discovered as a result of the species survey required in Policy 7.3.6. Policy 7.3.8: The County will continue to periodically review and revise its existing codes providing for appropriate prohibitions and restrictions on the commercial possession, use, and harvesting of undesirable exotic species. Underline and Str!~gthrcughs reflect proposed changes to the current Growth Management Plan. Page- 34 - Transmittal Document (3-4-02) Collier County Growth Management Plan Conservation and Coastal Management Element Policy 7.3.9: The County will support the efforts of the U.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the known habitat for the County's Florida Panther as ?.rc~s cf Fn,;~rcnmcnt:! Ccnccrn" Sendinq Lands and Natural Resource Protection Areas on the County Future Land Use Map. OBJECTIVE 7.4. The County shall direct incompatible land uses away from listed animal species and their habitats within the Rural Fringe Mixed Use District and Secondary Sendinq Lands, a~ designated on the FLUM. The following policies provide criteria to make this obiectivu measurable. This Obiective and its Policies shall apply only to the Rural Frincle Mixe~ Use District and Secondary Sendin.q Lands, as desiqnated on the FLUM.;. Policy 7.4,!,, Incompatible land uses are directed away from listed species and their habitats by the following mechanisms: (1) Conservation Desi.qnation on the Future Land Use Map The overall purpose of the Conservation Des.qnation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have hiqh wildlife value. Tho allowed land uses specified in the FLUE's Conservation Desi.qnation will accommodato limited residential development and future non-residential development. These limitation~ help direct many incompatible land uses away from listed species and their habitat~ contained in this Future Land Use Designation. (Reference FLUE: Future Land Usu Desiqnation, Description Section.) (2) BiCl Cypress Area of Critical State Concern Overlay (ACSC) The land development regulations contained in the ACSC Overlay district provide standards that facilitate the .qoal of directinq incompatible land uses away from listed species and thei,' habitats. (Reference FLUE: Future Land Use Designation, Description Section.) (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats (Reference CCME: Obiective 1.3). These areas describe ar.qe, intact and relatively unfra.qmented habitats important for many listed species. Allowable land uses withies. NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements.) Tho NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. (4) Sending Lands (Transfer of Development Rights): Sending Lands are those lands that have a hiqh degree of environmental value and sensitivity and generally include wetlands, uplands, and habitat for listed species. Due to their hgh environmental value, Sendinq Lands are targeted for preservation and conservation either through acquisition or through incentives for private property owners. Privately owned lands within the Rural Frn.qe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are considered to be Sending Lands. AIIowablu land uses within Sending Lands are specified in the FLUE: Future Land Use Designation, Description Section, B. Rural Fringe Mixed Use District. These limitations help direct many incompatible land uses away from listed species and their habitats. (5) All other policies suoportin.q Objective 7.4 of this element. Underline and SVik~bm~s reflect proposed changes to the current Growth Management Plan. Page- 35 - Co/tier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 7.4.2 Non-a.qriculiural development, excluding individual single family residences, shall be directed away from listed species and their habitats by comp yin.q with the folowing guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existinq on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirement~ of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS o1' the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all proiects where the wildlife survey indicated listed species aro utilizinq the site, or the site is capable of supporting wildlife. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (al Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Developments shall be clustered to discoura.qe impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fenc n.q, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings and siqna.qe shall be used where roads must cros~ wildlife corridors 1. The followng references shall be used, as appropriate, to prepare the required management plans; a. South Florida Multi-Species Recovery Plan, USFWS, 1999. b. Habitat Management Guidelines for the Bald Eaqle in the Southeast Reqion, USFWS, 1987. c. Ecoloqy and Habitat Protection Needs of Gopher Tortoise (Gopherus r)olyphemus) Populations found on Lands Slated for Larqe Scale,Development i,, Florida, Technical Report No. 41 Florida Game and Fresh Water Fisl~ Commission, 1987. d. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 2. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subject to the provisions of Policy 7.4.2(3) of this element. 3. When listed species are directly observed on site or indicated by evidence, such as denn n.q, foraging or other indications, priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requiremenl. contained in Policy 6.7.1 this element. The County shall also consider the recommendations of other a.qenciesl subject to the provisions of Policy 7.4.2(3). (b) For parcels containinq gopher tortoises (Gopherus polyphemusl, priority shall be given to protectinq the largest most contiquous gopher tortoise habitat with the greatesl. number of active burrows, and for provding a connection to off site adjacent qophe, tortoise preserves. (c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Ware,' Fish Commission, 1991. The required mana.qement plan shall also provide for a Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 36 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element maintenance program and specify an appropriate fire or 'mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub veqetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subiect to the provisions of Policy 7.4.2(3) of this element. (d) For the bald eagle (Haliaeetus leucocephalus), the required habitat manaqement plans shall establish protective zones around the ea.qle nest restrictin.q certain activities. Th~ , plans shall also address restr ctin.q certain types of activities durin.q the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of Policy 7.4.2(3) of this element. (el For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts thai. remain. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of Policy 7.4.2(3) of thi~ element. (fl In areas where the Florida black bear (Ursus americanu$ floridanus) may be present, the management plans shall require that .qarba.qe be placed in bear-proof containers, al one or more central locations. The mana.qement plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. (q~ For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discoura.qe the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor co,i) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn1 these areas shall be buffered from the most intense land uses of the project bv usin.q Iow intensity land uses (e.g., parks, passive recreational areas, .qolf courses). Golf courses within the Rural Fringe Mixed Use District shall be desi.qned and mana.qed usinq standards found in that district. The manaqement plans shall identify appropriate liqhtinq controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire-adapted preserved ve.qetative communities and provide browse for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of Policy 7.4.2(3) of this element. (hi The Manaqement Plans shall contain a monitorinq program for developments greater than 10 acres. (3) The County may consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from thu US Fish and Wildlife Service in issuing development orders on property containinq listed species It is recoqnized that these a.qency recommendations, on a case by case basis, may chan.qe the requirements contained within these wildlife protection policies and any such chan.qe shall be deemed consistent with the Growth Manaqement Plan. (4) All developments shall comply with all applicable federal and state permitting requirements dealing with listed species protection. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 37 - Transmittal Document (3-4-02) Collier County Growth Management Plan Conservation and Coastal Management Element ~ GOAL8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and State air quality standards. Policy 8.1.1: The County will rely on the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Policy 8,1.3: The local fire departments, Florida Department of Environmental Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8,1.5: By January 1, 2000, the County shall investigate the need for a more comprehensive local air quality monitoring program. Underline and ~,~keth,~s reflect proposed changes to the current Growth Management Plan. Page - 38 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1: The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established underTitle III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Policy 9.2.1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page - 39 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conse~ation and Coastal Management Element Policy 9.2.2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to hold its hazardous waste collection day at least once per year. Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. (I) OBJECTIVE 9.4: The County shall continue to implement its_local storage tank compliance program. Policy 9.4.1: The County shall implement provisions of the contract with the Department of Environmental Protection under the Super Act provisions in order to avoid any duplication of effort. (I) Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. (I) Policy 9.4.3: Unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62-761, F.A.C., as it existed on August 31, 1999. (I) OBJECTIVE 9.5 and Policy 9.5.1 [deleted] Underline and S~ reflect proposed changes to the current Growth Management Plan. Page- 40 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element GOAL 10: THE COUNTY SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. Policy 10.1.1: Priorities for water-dependent uses shall be: a. Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industries or utilities. Policy 10.1.2: No deep water ports shall be allowed. Policy 10.1.3: Priorities for water-related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy 10.1.4: The following priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative 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, f. viable, unaltered freshwater wetlands, g. viable, unaltered marine wetlands. Policy 10.1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) Underline and E,.t~ket~u=~h~ reflect proposed changes to the current Growth Management Plan. Page - 41 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 10.1,6: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump-out facilities; b. Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water. c. Marina facilities must be accessible to all public services essential to ensure their safe operation. d. Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 10.1.7: Marinas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy 10.1.8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate the economic need and feasibility for such development. Policy 10.1.9: These policies shall serve as criteria for the review of proposed development in "ST" designated lands. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project. Underline and ~<.e~h,~e~,~s reflect proposed changes to the current Growth Management Plan. Page - 42 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural s~ate and their natural function shall be protected, maintained and enhanced. Policy 10,3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval -- or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as .functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construction Control 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 Underline and ,~tc4ket4~s~C~s reflect proposed changes to the current Growth Management Plan. Page - 43 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10,3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related to coastal barrier systems. OBJECTIVE 10.4: Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 44 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy 10.4.3: Prohibit activities which would result in man induCed shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10,4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10,4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 10,4,8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. Underline and S,~kethreugh~ reflect proposed changes to the current Growth Management Plan. Page- 45 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 10.4.10: Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10,4.12: 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, b. Where appropriate, repaired structures will be redesigned Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10,5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5,4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Underline and Str!~thrc'--'Ghs reflect proposed changes to the current Growth Management Plan. Page - 46 - Collier County Transmittal Document (3-4-02) Growth Management P/an Conse~ation and Coastal Management Element Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself'. Policy 10.5.7: Pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy 10.5.8: Prohibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 10,5.9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.5,10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize -- interference with the natural beach dynamics and function. Policy 10.5.11: The County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. (I) OBJECTIVE 10.6: The County shall conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. (I) Policy 10.6.1: 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: 1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres: a. Wiggins Pass Unit FL-65P, b. Clam Pass Unit FI-64P, c. Keywaydin Island Unit P-16, d. Tigertail Unit FI-63-P, e. Cape Romano Unit P-15. 2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed pristine habitats (Reference Policy 10.1.4). Underline and ~ke~,eu~s reflect proposed changes to the current Growth Management Plan. Page- 47 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element 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 NVGD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. (I) Policy 10.6.2: The requirements of Policy 10.6.1 identifies the guidelines and performance standards for the undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine NRPA (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. (I) Policy 10.6.3: For shoreline development projects where an ElS is required, an analysis shall demonstrate that the project will remain fully functional for its intended use after a six-inch rise in sea level. (I) Policy 10.6.3: Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any -- offshore oil and gas exploration and drilling projects in this sensitive area. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 48 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element GOAL 11: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Policy 11.1.1: Continue in effect regulations regarding development and other land alteration activities that ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy 11.1.2: There shall be no loss of historic or archaeological resources on County-owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall be identified and shown on the site plans; b. The County shall establish waivers for non-safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; c. As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development-regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy 11.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. Underline and Std~:thrcughs reflect proposed changes to the current Growth Management Plan. Page - 49 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element GOAL 12: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. (I) OBJECTIVE 12.1: The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Policy 12.1.1: A comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. This information shall be made readily available to all hotel/motel guests. (I) Policy 12.1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy 12.1.3: The County shall continue to identify shelter space that complies with Red Cross standards for 45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of 20 square feet per person. Policy 12.1.4: The County shall continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on-site or provide funding to enhance existing public shelters off-site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June-November time frame. On-site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the current National Oceanic and Atmospheric Administration'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 with adequate emergency electrical power and potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first-aid equipment. A telephone and battery-operated telephone is also required within the shelter. Underline and S~,,e~h+eu~J~6 reflect proposed changes to the current Growth Management Plan. Page - 50 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Policy 12.1.5: The directors of the Transportation and Emergency Management Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table 1 of the Appendix. Policy 12.1.6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation routes. Policy 12.1.7: The County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. (I) Policy 12.1.8: Upon approval of the "Local Hazard Mitigation Strategy" by the Department of Community Affairs Collier County will begin implementation of the Local Mitigation Projects as listed in the Plan. (I) Policy 12.1.9: Construct all new Public Safety facilities to be floodproofed and designed to meet 160 mph wind load requirements. (I) Policy 12.1.10: 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 be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). (I) Policy 12.1.11: The County will continue to work with the Board of Regents, State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). (I) Policy 12.1.12: The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants and from funds identified in the annual Shelter Deficit Studies. (I) Policy 12.1.13: 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. Underline and ,~r4k, ethceu~ reflect proposed changes to the current Growth Management Plan. Page - 51 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element (I) Policy 12.1.14: The County will consider establishing one-way evacuation routes on County maintained roads for storm events that have the potential for inundating Iow-lying populated areas. The County will coordinate with FDOT to consider one-waying State maintained roads that are primary evacuation routes for vulnerable populations. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP). Policy 12.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. (I) Policy 12.2.5: The County shall consider the coastal high-hazard area as that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Policy 12.2.6: The County shall require that all new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. Policy 12.2.7: The County shall continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12.2.8: Underline and Stri~cthrc'--'~hs reflect proposed changes to the current Growth Management Plan. Page- 52 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Policy 12.3.1: The Comprehensive Emergency Management Plan shall comply with the policies under this objective, and shall contain step-by-step details for post disaster recovery. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re-entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: The recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. Policy 12.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officials to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 12,3,5: Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Policy 12.3,6: Structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Policy 12.3.7: The County shall develop and adopt a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process' shall consider these options in light of factors such as cost to construct, cost to Underline and ~;u,.,~ ..... ~,- St ........... ~... reflect proposed changes to the current Growth Management Plan. Page- 53 - Collier County Transmittal Document (3-4-02) Growth Management Plan Conservation and Coastal Management Element maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 12.3.8: Within 30 days of a hurricane resulting in disaster the County shall identify non-public structures in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post-disaster recovery. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy 12.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 12.4.3: The County, in cooperation with the Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 54 - Collier County Growth Management Plan Transmittal Document (3-4-02) Conservation and Coastal Management Element GOAL 13: THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Policy 13.1.1: There will be no unnecessary duplication of existing Regional, State, or Federal permitting programs. Policy 13.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It fulfills an important need not presently adequately met by existing Regional, State, or Federal regulation. b. The regulation can be effectively and efficiently administered by authorized increases to County staff. c. The cost to the County of implementing the regulation shall have been identified and considered. Underline and ~ reflect proposed changes to the current Growth Management Plan. Page- 55 -