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Agenda 01/29/2008 Item #17B Agenda Item No. 17B January 29, 2008 Page 1 of 60 EXECUTIVE SUMMARY Recommendation to have the Board of County Commissioners review and adopt Remedial Amendments to the Capital Improvement Element of the Growth Management Plan, Ordinance 89-05, as amended, as set forth in a Compliance Agreement between the Department of Community Affairs and Collier County, including Petitioners-in-Intervention OBJECTIVE: For the Board of County Commissioners (BCC) to review and adopt Remedial Evaluation and Appraisai Report-based Amendments to the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) in accordance with a Partial Stipulated Settlement Agreement (Compliance Agreement) between the Florida Department of Community Affairs (DCA), Petitioners-in-Intervention Florida Wildlife Federation and Collier Audubon Society, and Collier County - and approve Its transmittal to the Department of Community Affairs, Included with this Executive Summary are copies of the materials to be transmitted to the DCA once they are adopted, and include: the Ordinance adopting these remedial amendments; its Exhibit "A" - the strike-through/underline CIE version [as an attachment to the Ordinance], and; the fully executed Partial Stipulated Settlement Agreement (Compliance Agreement). CONSIDERATIONS: Backaround The BCC adopted Evaluation and Appraisal Report (EAR)-based amendments to the GMP, including the CIE, on January 25,2007. The DCA rendered a Statement of Intent finding certain EAR-based CIE Comprehensive Plan Amendments Not in Compliance in May, 2007. Pursuant to consultation with DCA staff at a meeting held on August 8, 2007, Collier County's Comprehensive Planning Department staff collaborated with representatives from other County Divisions and Departments involved with planning for and providing capital facilities. After extensive consultation with applicable Divisions and Departments, further remedial changes or additions to the Capital Improvement Element were made based on the information provided by DCA staff at the August 8, 2007 meeting. At all times the best interests of Collier County and prior policy directives of the BCC were followed. On September 17, 2007, Collier County staff submitted to DCA, for internal review and consideration, proposed remedial CIE amendments. Appropriate data and analysis was - - 1 - Agenda Item No, 176 January 29, 2008 Page 2 of 60 provided in support of the Remedial Amendments, and included; extended footnotes listing the different revenue sources and acronyms used in the Schedule of Capital Improvements; itemized explanations of revenues committed to capital projects; historical or past revenue information sheets reported by the affected Divisions and Departments provided to demonstrate the reliability of future revenue projections, and; the relevant portions of grants, loans, contribution agreements and all other sources of "committed" revenues. A copy of the Supplement to the 7/28/06 ORC Report and Collier Countv Response document, dated April 23, 2007, was also provided to demonstrate the County's ability to achieve compliance and to be consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J-5, Florida Administrative Code. In its Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance, the DCA identified the issues of inconsistency [in the CIE, particularly] and provided direction to the County with respect to remedying these inconsistencies. These issues were thoroughly addressed in the Partial Stipulated Settlement Agreement (Compliance Agreement) approved by the BCC on December 11, 2007. Complete details about the Collier County EAR process to that point were presented to the BCC in the Executive Summary on that date. The amendments to the Capital Improvement Element resulting from the revisions discussed herein are characterized as remedial amendments and are exempt from the twice per year limitation on adoption of Comprehensive Plan Amendments as set forth in Rule 9J-11.006(1)(a)7. In Summary EAR-based GMP amendments to the CIE were originally adopted by Ordinance 2007- 07 on January 25, 2007. These amendments were also based on a DCA Objections, Recommendations and Comments (ORC) Report dated July 28, 2006. The DCA issued a Notice of Intent to find the CIE as adopted by Ordinance 2007-07 "Not in Compliance" with Chapter 163, Florida Statutes and Rule 9J-5, FloridaAdministrative Code. Virtually all of DCA's compliance issues originated in the Schedule of Capital Improvements tables - not in the content, or body, of the CIE document itself. As a result, only a minimum of remedial amendments are necessary to the text portions of Ordinance 2007-07, as follows: Extended footnotes were added at the direction of DCA explaining the acronyms used in the Schedule of Capital Improvements. No re-evaluation was necessary to the body of the Capital Improvement Element and no other substantive revisions have been made. -2- llgenda item No, 17B January 29, 2008 Page 3 of 60 Much of the supporting data and analysis previously provided to the DCA while working through this process is now used in the "In Compliance" version of the CIE, The extended footnotes listing the different revenue sources and acronyms used in the Schedule of Capital Improvements have been incorporated directly into the CIE (pp. 17- 18). The itemized explanations of revenues committed to capital projects have been listed as an Appendix to the CIE, The historical or past revenue information sheets reported by the individual Divisions or Departments provided to demonstrate the reliability of future revenue projections, along with the relevant portions of grants, loans, contribution agreements and all other sources of "committed" revenues, will once again be provided to DCA as support data and analysis, All of the remedial amendments to the CIE and the support data and anaiysis is consistent with the BCC's directive of maintaining a two-year Concurrency Management System and a five-year CIE, Under no circumstances has any amendment or support data and analysis been provided which would indicate that Collier County was in support of or considering a long-term concurrency management system, Conversely, extensive footnotes have been included in all support data and analysis tables for years 6-10 which state that the improvements in years 6-10 do not constitute a long-term concurrency management system and no project is subject to proportionate share. In accordance with Rule 9J-11,006(1 )(a)(7)(d), FAC" Collier County staff has provided proposed CIE amendments based upon the DCA's Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance, including support data not contained in the EAR, to the DCA. The BCC entered into this Compliance Agreement with DCA by their approval on December 11, 2007, The BCC, by the attached Ordinance, will adopt the Remedial Amendments to the CIE. FISCAL IMPACT: There are fiscal impacts to Collier County as a result of these proposed amendments to the CIE, A number of capital improvement projects were pushed into future years four and five of the Five-Year Schedule, when they were previously scheduled in years one, two or three. Some projects were removed from the Five-Year Schedule entirely, Please note there could be significant impacts if the January, 2008 referendum passes or the Legislature takes action that has a major affect on property taxes, impact fees or other fees that are heavily relied on by Collier County. GROWTH MANAGEMENT IMPACT: This is a hearing to adopt certain amendments to the CIE as Remedial Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, based upon the Compliance Agreement with DCA approved by the BCC on December 11, 2007 and executed by all parties by December 20,2007, - 3- Ag9nda Item No. 173 January 29, 2003 Page 4 of 60 Following execution of the Compliance Agreement by the Chairman of the BCC, and Petitioners-in-Intervention Fiorida Wildlife Federation and Collier Audubon Society, the DCA reviewed and signed the Compliance Agreement. Upon final execution by the DCA, County staff drafted Remedial Amendments to the CIE and hereby present them to the BCC, LEGAL CONSIDERATIONS: The Partial Stipulated Settlement Agreement was approved to sellle the Florida Department of Administrative Hearing (DOAH) case initiated by the DCA who found the CIE Not in Compliance, County staff and DCA representatives have developed CtE language as set forth in Exhibit A of the adopting Ordinance satisfying the DCA's concerns and as agreed upon in the Partial Stipulated Settlement Agreement. When these Remedial Amendments are adopted and found in compliance by the DCA, that part of the DOAH case will be dismissed, RECOMMENDATION: The remedial amendments to the Capital Improvement Element are provided as written in the Compliance Agreement, effectively addressing issues identified in the Statement of Intent and Partial Selllement to Resolve [the] Not-In-Compliance Finding (both attached) issued by the DCA. The Comprehensive Planning staff respectfully recommends that the Board of County Commissioners adopt the amended Capital Improvement Element as a Remedial Amendment to the Collier County Growth Management Plan, Prepared by: Corby Schmidt, Principal Planner Comprehensive Planning Department - 4- Item Number: Item Summary: Meeting Date: Page I of2 ,t.\genda :tem No. 178 January 29, 2008 Page 5 of 60 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B Recommendation to approve Remedial Amendments to the Capital Improvement Element of the Growth Management Plan, Ordinance 89-05, as amended, as set forth in the Compliance A.greement between the Department of Community Affairs and Collier County, including PetitIJners-in-lntervention, and to transmit these Amendments to the Florida Department of Community Affairs 1/29/200890000 AM Prepared By Corby Schmidt Community Development & Environmental Services Principal Planner Date Comprehensive Planning 1/15/200811 :49:59 AM Approved By Randal! J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 1/15/200612:09 PM Approved By Judy ?uig CommUEllty Development & Environmental Services Operations AI-:a!yst Community Development & Environmental S~rvlce5 Admin. Date 1116/200811:06 AM Approved By rV:arjorie M. Student-Stirling County Attorney Assistant C-:;unty Attorney Date Cour~y Attorney Office 1/16/20082:19 PM Approved By JOSSp~l K. Schmitt Community Development & Environmental Services Community Development & Environmental Ser.iices ,1.dminstrat:;r Date Community Development & Environmental Services Admin. 1/16/2008 i:13 PM Appl"Oved By David \^,Ieeks, AICP Community Development & Environmental Services Chief Planner Date Comprehensive Planning 1/17/200810:03 AM Approved By OMS Coordinator County Manager's Office OMS CoordinCitor Date Office of Management & Budget 1/17/20084:12 PM Approved By Susan Usher Senior ManagemeniJBudget Analyst Date f~I"",llr".\ ^ n"'.....,-l...,IC>d\ Cv....r..-f\OO rn.-.'''.....,O/~ ")()'lO 0;' 'l{\'ln()Q\ 1 7 o/.")nCI 11\111\ II ^ DVO/..'l() ^ f:C)..Tr, I/TJ!'lnnQ Page 2 of 2 Agenda Itern No. 17B .January 29, 2003 P3'J8 6 of 60 County Manager's Office Office of I'Jlanagement & Budget 1/17(20084:43 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/20120081 :56 PM f,lp./I."\ A opnnqT',.d\):'vn(wt\QO_ 'qnm~n!o/(\ 7njl) 0/(\1 ()!n()Q\ 170/-;" 7{),lll\AI\A ^ R VOl" j() A~J:'1\-a) I n,nnnR Agenda Item No, 17B January 29, 2008 Page 7 of 60 ORDINANCE NO, 08- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, BY ADOPTING A REMEDIAL AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT INCLUDING THE SCHEDULE OF CAPITAL IMPROVEMENTS WHICH IDENTIFIES FUNDING SOURCES TO DEMONSTRATE AND DETERMINE FINANCIAL FEASIBILITY OF THE SCHEDULE; AND BY PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, on July 27, 2004 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 January 25, 2007, through the adoption of Ordinance No, 07-07 Collier County adopted the EAR-Based amendments to Its Growth Management Plan; and WHEREAS, on May 2, 2007, the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find certain portions of the County's EAR-Based Amendments to the Capital Improvement Element, Ordinance No, 07-07, "not in compliance" as defined by Section 163,3184(1 )(b), Florida Statues; and WHEREAS, pursuant to Subsection 163,3184(16), Florida Statutes, the DCA and Collier County Board of County Commissioners entered into a Compliance Agreement on December 11, 2007 to resolve issues raised in the proceedings; and WHEREAS, to implement the Compliance Agreement remedial amendments to the Capital Improvement Element of the Growth Management Plan have been prepared for consideration by the Collier County Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action In the manner prescribed by law and did hold public hearings conceming the adoption of the Remedial Amendment, including the following; the Collier County Executive Summary; and other documents, testimony and information presented and made part of the record at the meeting of the Collier County Board of County Commissioners held on January 29, 2008; and WHERERAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: ADOPTION OF REMEDIAL AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN, The Board of County Commissioners hereby adopts the Remedial Amendment to the Capital Improvement Element of the Growth Management Plan in accordance with Words t'l:fllsl:threu.;lt are deletions; words underlined have been added Agenda Item No, 178 January 29, 2008 Page 8 of 60 Section 163.3184, Florida Statutes, The amendment is attached hereto as Exhibit "A" and is Incorporated by reference herein. SECTION TWO: SEVERABILITY, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion, SECTION THREE: EFFECTIVE DATE. The effective date of this Remedial Amendment to the CAPITAL IMPROVEMENT ELEMENT shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163,3184, Ftorlda Statutes, whichever occurs earlier, No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective, If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3" Floor, Tallahassee, Florida 32399-21 00. PASSED AND DULY ADOPTED by the Board of County Commissioners of Coliier County this 29th day of January. 2008, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~__ BY: ___n,___ TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: /)..~ '\ J ",)'.' -~._~.._--_._,.~- Marjorie Studf~nt.Stifl1ng Assistant County Attorney Words ~~ arc deletions; \'v'ords underlined have been added , Capital Improvement Element 08 Remedial Amendment to BCC Agenda Item No, 178 January 29, 2008 1-30-P7a~9 of 60 EXHIBIT "A" CAPITAL IMPROVEMENT ELEMENT GOALS, OB.JECTIVES AND POLICIES GOAL 1-: [Renumbered text, page 2] TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OB.JECTIVE hI (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): [Revised text, page 2] Identity and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and detennine what quantity of additional public facilities are ~ needed in order to achieve and maintain the standards, Policy hl.l: [Renumbered and revised text, page 2] The County shall establish standards for levels of service for tv/o cate;;ories of public facilities, as fo !lows: Category "\ P fublic facilities are facilities which appear in other elements of this comprehensive plan, including a1ierial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, a1ld parks and recreation facilities. The standards for levels of service of Cate;;Olj' ,^. County provided publie facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan, The standards for levels of service of Category A public facilities which are not County providcd shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. Categsry B public [acilities are facilities for the COHnty's library, jail, and emerbenc)' medical sCl"/iccs. Ti1e standards for levcls of "cr..icc of CatcGOlj' B public facilities sl1all apply to the County's annlolal budget, but not apply to de'/elupB-lent orders issHed by the County, Public facilities shall include land, structures, thc initial fUl11ishings and equipment (includinG aB-lbHlances, fire apparutHs, and library collection materials), design, pel11litting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office fUl11ishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders, Words underlined are added; words Elr,"ol< thre,"gh are deleted. I Capitallmprovemenl Element 08 Remedial Amendment to BeC Agenda item !\Jo. 178 January 29, 2008 1,3P'i!lg~-2~0 of 60 Policy 1.1.2: [Renumbered and revised text, page 2] The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D) - I. Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. A. The calculation will be used for existing demand in order to detennine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of proj ected demand will account for demand that is likely to occur from prcviously issued development orders as well as future growth. B. The Board of County Commissioners will shall review all rezone petitions requests, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide Cmmty 'Hide density or intensity of permissible development, with consideration of their impact on both the variable "D" in thc fonnula Q = (S x D) - I, and the overall roadway Countv transportation system. The Board County Commission shall not approve any such petition or application rCZOFle request, SRi\. desigFlation, conditioFlal elSe pctitioFl, or FLUE amcndnlGnt, tl.at which would directlv access a deficient roadwav set:ment or if it impacts an adiacent roadwav segment that is deficient. or which significantly impacts either: (1) a deficient roadway segment or adiacent roadwav segment; or (2) the seasonal population based upon the Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate DODulation proiections. for all public facilities BEBR (Bureau of Economic and Bujness Research at the Ufli','crsity of Florida) high range grow~h rate population projections through the fi','c years of the annually updated Capital Improyemcflt Plan, on a eOFl~iflHously rolling bajs, and then 95~;, of the BEBR high range gro\V~h rate ~hcrcaj1er, for the vatiable "D", unless one of the following three items listed below simultaneously occurs: ~} Specific mitigating stipulations arc approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; Lb} The adopted population standard uscd for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; if} The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by thc rezone, SRA dcsignation resolution, conditional use petition, or amcndment to the Future Land Use Element. Words underlined are added; words .tryel, throY~h are deleted, 2 Capital Improvement Element 08 Remedial Amendment to BCC '!"aenda Item I~o, 178 - January 29,2008 1,3\lWge.-2jl-1 of 60 C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased countywide COH"ty Wide population greater than J.% 2% of the population projections for parks, solid waste, potable water. sanitary sewer, and drainage facilities, or as generating a volume of traffic equal to or greater than J.% 2% ofthe adopted LOS standard service volume of an impacted roadway. D. There are three circumstances in which the standards for levels of service are not the exclusive dete1111inant of need for a public facility: I. Calculated needs for public facilities in coastal high hazard areas are subject to alllffiHts limitations and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2, Replacement of obsolete or WOl11 out facilities, and repair, remodeling and renovation, will be detemlined by the Board of County Commissioners upon the recommendation of the County Manager. 3, Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility ofthe same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b, the facility docs not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is detemlined to be needed as a result of any of the factors listed in Section Band D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. TIle terms, "weigflted" lHld "peak" used when ref-erring ta population figures are eJCplained iR the /\nnuaI Update a"d hr.-ental)' report (AUIR), Population definitions as used in this Capital Improvement Element and other elements are e;~plained provided below, Permanent Population is the population proiection figure based on Bureau of Economic and Business Research at the Universitv of Florida (BEBR) lHgh medium range growth rate llopulation proiections tllrough the first five year;; of the mHlually updated CepitallJ-11pro'.-ement Plan, OR a eORtinuously rolling basis, and then 95 perccRt arehe BEER high range growth rate papulatioFl projections thereafter. The pemmnent population proiection figure is then converted from April] to October I. which is the beginning of the fiscal vear for Collier Countv. Words underlined are added; words struok through are deleted. 3 Capital Improvement Element 08 Remedial Amendment to BCC Agenda It9m No. 17B January 29, 2008 1-39W;j^-~2 of 60 J!eak Seasonal Population is the pennaaeat BEBR population figure (described above) converted to its October I figure. increased bv ~ 20% for all areas of the Countv cxcept Immekalee. to reflect the increase of seasonal part-time residents and visitors, based CHl 2000 V,S, Bareau ohHe Ceasas OecUflaflcy/Vacaflcy data, gaaoliHe sales data, retail sales data, and HoteVmotel occlijlaacy rates, aad iflcreased by 15,000 persoas for IH11Hokalee, to reflect tHe increase of agncultare related flart titRe resideats, Weighted !.','erage PopalatioR is ()7~/" of the fleffilaaeat populatioa fi;;Hre (described above), plHs 33% oftAe peak popUJatiOll figure (described abovc) to reflect a four (1) HlCllltl1 duration soasoRal illf1HJ~ of part time residcRls. Unincorporated Area 'Neighted ,\verage Seasonal Population is ()7~~ of the pcm1aRoBt seasonal population figure (described above) for unincomorated Collier Countv onlv. plus the 33~~ peak population fi;;ure (described above) CouRt)'\','ide, adiusted to represent how seasonal residents utilize certain park facilitics differentlv. Policy h1.3: [Renumbered text, page 4] The detennination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other govemmental entity providing public facilities within Collier County, Policy h1.4: [Renumbered and revised text, page 4] Public facility improvements ',','itI1in a category are to be considered in the following order or priority: A. Replacement of obsolete or wom out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service, B. New facilities that reduce or eliminate existing deficiencies in levels of service. C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual rcview of tl1e this Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to servc all applicants for dcvelopment orders, the capital improvements will be scheduled in the following priority order to serve: l, previously approved development orders pennitting redevelopment, 2, previously approvcd development orders pcnniUing new development, 3, new development orders pem1itting redevelopment, and 4, new development orders permitting new developments, D, Improvemcnts to existing facilities, and new facilities that significantly reduce the operating cost of providing a scrviee or facility. E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal ycars by either: Words underlined are added: words "try"l, through are deleted, 4 Capital Improvement Element 08 Remedial Amendmenllo Bee A,genda Item No, 178 January 29,2008 13il"8'>j",,213 of 60 I. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2, providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. Policy h1.5: [Renumbered and revised text, pages 5 and 6] The standards for levels of service of public facilities shall be as follows: Categery"'. Publie Facilities ",.lienal and eelleetor roads, iRelBdiRg state Hit;H'....ays Bot OR the Florida IBtrastate Higk,vay System FIHS) A..J- Roadways: A+.-I. Arterials and collector roads: Level of Service as indicated below on the basis of peak hour, traffic volume: Level of Service "E" on the following designated all six-lane roads~~ Reads Airport Pulliflt; Road GoldeH Gate Parkway Goodlette Frank Road Goodlctte FraRl: Road Pifle Ridge Road ~ "^.irpOli hllliflg Road ",.irport Pullint; Road Davis Bmllevard Golden Gate Parkway Liviflgston Road Vanderbilt Beach Road Reads ",.iroort PBlIin: Road Davis Boule';ard Goldefl Gate Parkway Goodlette Frank Road Livim:stofl Road Pinc Ricke Road US 11 Vanderbilt Beael, Road Ram Pine Ridge Road ",.irport PHlliBg Road PiBe Ridge Road Golden Gate Parl:way ~ Collier Boulevard ~ PiBe Ridge Road ~ ~ Golden Gate Park.....ay ~ Frem US 1] US 11 US 11 US 11 Radio Roa~ US l' Coliier BOHlevard Gulfr;hore Dri';e +<> Golden Gate Parb;ay SaHta Barbara Boulevard GoldeH Gate Parkway ~ LogaR BOHlevard Old US 11 Goldefl Gatc Parb';ay Vanderbilt Beach Road ",.irpOli PulliRg Road "^.ill1ort Pllliing Road Radio Road Glllf:;Hore Drive Te Vanderbilt Beaeh Road .^.irport PBlliB: Road SaBta Barbara BOHle':ard Pifle Ridl:e Road Irnmokalee Road Lo:an Boulevard Lee COHnty US 11 A+.-2. Level of Service "D" peak hour on all other County and State (Bot on tHe FIHS) mierial and collector roads not on the Florida Intrastate Highwav Svstem (FIHS), ~ B. State and Federal Roads: Words underlined are added; words .truck thre"~h are deleted, 5 Capital Improvement Element 08 Remedial Amendmenllo BeC Aaenda Item No. 173 o January 29, 2008 13P'Wge-2114 of 60 Collier County sets and adopts the LOS standards for state roads with tile exception of those on the Florida Intrastate Highway System (FIHS). In Collier County, FOOT sets and maintains the LOS for 1-75. The standards for 1-75 are as follows: 1-75 EXISTING RURAL AREA B EXISTING URBANIZED AREA C TRANSITIONING URBANIZED AREA C M C. County Surface Water Management Systems: AJ., 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. AJ.,2. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design stonn retum tJ-equency event) by the completed portions of the Water Management Master Plan as listed in the Orainage/Water Management Sub-element of the Public Facilities Element. A4 D. County Potable Water Systems: ~ 1, County systems~ County Water District = 185 gallons per capita per day Goodland Water District = 185 gallons per capita per day A+.-2, City of Naples ~ 185 gallons per capita per day in the unincorporated service area Everglades City = 185 gallons per capita per day in the unincorporated service area A+.-3. Private potable water systems: Sewage flow design standards as identified in Policy +"3,1 of the Potable Water Sub-element of this Growth Management Plan, M E. County Sanitary Sewer Systems: ~ 1, County systems: N0l1h Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day Southeast Sewer Service Area = 120 gallons per capita per day NOJ1heast Sewer Service Area = 170 gallons per caDita per day Eac;t Cefltra1 Sewer Sel"\'ice .'.rea 1"0 galloR:: per capita per day ~2, City ofNaplcs = 145 gallons per capita per day in the unincorporated service area ~3. Private sanitary sewer systems: Sewage flow design standards as identified in Policy +"2,1 of the Sanitary Sewer Sub-element of this Growth Management Plan, M F. County Solid Waste Disposal Facilities: Words underlined are added: words "truck thrgygh are deleted, 6 Capital Improvement Element 08 Remedial Amendment to BCC Agenda Item No, 178 January 29, 2008 1-3Mi'g4-21I5 of 60 M,1. Two years of constructed lined cell capacity at the average disposal rate for the previous fi':e (5) three (3) years M,2. Ten years of pem1ittable capacity at the average disposal rate for the previous fWe EB three (3) years. A+ G. County Parks and Recreation Facilities: A+cl. A+c2, A+c3, Regional Park land Community Park land Recreation Facilities = 2.9412 acres per 1,00011"01". (v:eigl1ted) = 1.2882 acres per 1,00011"01". t.\'ei;;hted unincorporated) - $210.00 $270.00 capital investment per capita Categery B Pulllie Facilities: BI County Library Buildinp: 0.33 sqHare fcet per capita R2 Cmmty Library Collection: 2.05 books per capita FY 10 B3 County Jail: 0,0021 beds per capita (2.1 beds per 1000 popHlation) B1 COlolllt)' Emer;;cnc)' Medical Ser:ice: .000068 EMS Hnils per capita (IUnit/15,000 Population) BS County General Go':emmcnt Buildings: 1,9 square feet per (',':ei;;hted) FINANCIf.L FK'.SIBILlTY OBJECTIVE h2 (FINANCIAL FEASIBILITY): [Renumbered and revised text, page 7] Provide public facilities. as described in Policv 1.1 above. in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental rcvenues receivcd based on cconomic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth, Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, spccial assessments and taxes, Policy h2.1: [Renumbered and revised text, page 7] The estimated capital expcnditures for all needed public facilitics shall not cxceed conservative estimates of revenucs from sources that are available to the County pursuant to cun'cnt law,..-illlG '""hieh ha':e not been rejectcd by referendum, if a referendum is rcquired to enact a source of re'. enue, Policy h2.I: [Renumbered and revised text, page 7] The estimated !;;apital expenditures for all needed public facilities shall not draw eJ:ceed consel":ative estimates of revenues from sources that are a':ailabls te tHe Count)' pursuaHt to CUlTsnt law, and which have net been rejected by referendum, if a referendum is required to enact a source of revenue, Words underlined are added; words ~trHGI, lhroHgh are deleted, 7 Capital Improvement Element 08 Remedial Amendment to BCC Agend3 item No. 178 Ja~uary 29, 2008 1'3P'Wg4-2~6 of 60 Policy h2.2: [Renumbered and revised text, page 71 Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replaccment of obsolcte or worn out facilities, and may pay a portion of the eost of facilities needed by future development but onlv as a last funding alternative where impact fees and other sources of revenue are insufficient to nav for the costs of facilities attributed to future develomnent. Both existing and future development may have paJi of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Poliey h2.3: (Renumbered text, page 7] Poliey h2.4: [Renumbered and revised text, page 7J Publie facilities financed by non-enterprise funds (i,e" roads, surface water management, and parks and recreation). Iibrar/, emergeHcy medical ser:ioe, aRd jail shall be financed from current revenues and assets (pay as )'0<1 [;0 fiHanciHg) and Revenue Bonds approved by the BOaJ'd of County Commissioners. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capitallimprovements or for excess capacity, Policy h2.5: (Renumbered text, page 7] Policy h2.6: (Renumbered and revised text, page 8] The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy hl,5 of this element in order to assess new development a pro rata share of the costs required to finance transp0l1ation improvements necessitated by such development. Policy h2.7: (Renumbered and revised text, page 8] The County shall continue to collect impact fees for Parks and Recreation, EMS afld Library facilities requiring the same lcvel of service standard as adopted in Policy hl,5 of this element in order to assess new development a pro rata share of the costs required to Jlnance Parks and Recreation, EMS afld Librar/ improvements necessitated by such development. Poliey h2.8: (Rennmbered text, page 81 Poliey h2.9: [Renumbered text, page 8] PVRLlC EXPENDlTVRES: COf.STAL HICllll,'.Z,\RD ,'.RE.\. OBJECTIVE h3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA) [Renumbered and revised text, page 9] Words underlined are added; words ctruolc threuiJh are deleted, 8 Capital Improvement Element 08 Remedial Amendment to BCC Agenda Item 1'-10, 178 January 29,2008 1-3P'Qj";je-2lIi' of 60 Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities. as described in Policv 1,1 above. needed to suppOli new development to the extent pennitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: maintenance of existing public facilities and beach renounshment. and mav include beach, shore and waterwav access. :\. Maiflteflaflce of eKistiflg public facilities; B, Bcach, shore and waten','aj' access; C. Beach renounshment. Policy h3.1: [Renumbered and revised text, page 91 The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element including. but not limited to aJierial and collector roads. sanitarv sewer service svstems. potable water supplv svstems. surface water management svstems. solid waste collection and disposal svstems. natural groundwater aquifer recharge areas. and parks and recreation facilities, Policy h3.2: [Renumbered and revised text, page 9] Within the coastal high hazard area, +lhe calculated needs for public facilities, as represented in the Schedule of Capital Improvements, will be based on the Countv's adopted level of service standards and proieetions of future growth allowed bv the pmjectioHs within the eoac;tal high hazard area, The Future Land Use Element limits ne'.',' re,;ideBtial dcvelopl11eBt (thus obligatioH3 for iHfrastructure c)[pcndill<res) to a maximum of four d?,'clling ,mits por gross acm ',','ithin pOliions of the eoac;tall,igh hazard area, Policy h3.3: [Renumbered and revised text, page 9] The County shall continue to illiffife support public tflat access to beaches, shores and waterways~ remaifl a\'ailable to the public and will dc','clop a program to oJlpand tl,o availability of such ineludiRg flomdiH;; optiofls for aequisitioH Words underlined are added; words .truGk throu9h are deleted, 9 Capitallmprovemenl Element 08 Remedial Amendmenllo BCC /l,g2nda item :'Jo. 17B ~~anuary 29, 2008 1,3~-'I1i'ge,-2?6 of 60 PROYIDE NEEDED IMPROYEMENTS OBJECTIVE M (PROVIDE NEEDED IMPROVEMENTS): [Renumbered and revised text, page 10J The County shall coordinate its land use planning and dccisions with its plans for public facility capital improvcments. as described in Policv 1,1 above, by providing needed capital improvements for replacement of obsolcte or worn out facilities, eliminating existing deficiencies, and future development and redevelopmcnt caused by previously issued and new development orders. Policy M.1: (Renumbered text, page 10) Policy M.2: (Renumbered and revised text, page 10J All Category f. public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan, Policy M.3: (Renumbered and revised text, page 10] The County shall includc in the capital appropriations of its annual budget all the public facility projects listed in thc Schcdulc of Capital Improvemcnts for expenditures during the appropriate fiscal year. Projects f~)r which appropriations ha',e been made in the annual budgct will not be ren'loved once the)' ha,,'e been relied upon for the issuance of a final site deyelopment plan, final plat, or building pennit. The County shall include in thc capital appropriatioHS of its aJ:nual budget additional public facility projects that confonn to Polio;' I.I.~ (B.~) and Policy 1.l.1 (C) and (E). Policy M.4: [Reuumbered and revised text, page 10J The County shall determine, prior to thc issuance of linal site dcvelopment plans, final plats and building pennits whether or not there is sufficient capacity of Category .^. pubiic facilities to meet the standards for levels of service for existing population and the proposed devclopment. No final site development plan, final plat, or building permit shall be issucd unless the levels of scrvice for the resulting development will achieve meet or cxceed the standards in Policy +.-1.5 Category .^. Public Facilities, and meet or exceed the rcquirements for Concurrency Management as outlined in the policies within Objecti\C +.-5 of this element :nc met. Policy M.5: Public facilities and services provided by Collier County with public funds in accordance with the ~ Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundalies designated on Figure PW -1 and Figure PW-1.1 "Collier County Water District Boundaries". and Figure PW-2 and Figure PW- U "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-I and Figure SS-I,l, "Collier County Sewer Disbict Boundaries", and Figure SS-2 and Figure SS-2.1, "Existing and Future Sewer Service Areas", in the SanitalY Sewer Sub-Element of the Public Facilities Element. Road improvements will be provided as designated in the Schedule of Capital Improvements appealing in ilie this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis. Words underlined are added; words otr"cl< thrGY9Fi are deleted, 10 Capital Improvement Element 08 Remedial Amendment to BCe Agenda Item No. 178 January 29, 2008 13fPW;J4.-2~9 of 60 Policv 4.6 The County shall ensure that publicly funded buildings and publiclv funded development activities are camed out in a manner that demonstrates best practice to minimize the loss of life. property. and re-building cost from the effects from hum canes. flooding. natural and technological disaster events, Best practice efforts may include. but are not be limited to: a. Construction above the flood Dlain: b. Maintaining a protective zone for wildfire mitigation; c, Installation of on-site Dermanent generators or temporarv generator emergency connection points: d, Beach and dune restoration, re-nourishment. or emergency protective actions to minimize the loss of structures from future events: e. Emergencv road rCDairs; and. f. Repair and/or replacement of publicly owned docking facilitics. parking areas. and sca walls, CONCURRENCY M"'.NACEMENT OBJECTIVE t.5 (CONCURRENCY MANAGEMENT): [Renumbered and revised text, page 11] To ensure that public facilities. as described in Policy 1.1 above. and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be cOHsistent .....ith Chapter 163, Part 11, Florida StatHte:; and RIolle 9J 5.0055, Florida ,'\dffiiHistra~i':e Code. shall ensure that the necessarv public facilities and services to maintain the adoDtcd level of service standards are available when the impacts of develoDment occur, The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of Cafebory .^. public facilities concurrent with, or prior to, the issuance of a final site dcvelopment plan, final plat or a building penn it to achicve and maintain adopted level of service standards, Policy t.5.1 : IRenumbered text, page 11] Policy t.5.2: [Renumbered and revised text, page 11] The concurrency requirement for thc Parks and Recreation Lcvel of Service Standards of this Growth Managemcnt Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System are ~ met: A. Compliance with anyone of the standards sct forth in Policy -1-0-5,1 A, Band C is ll1et; or B. At the time the final site development plan, final plat or building pennit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, final plat or building permit; or Words underlined are added; words "truck thrGHgh are deleted. 11 Capital Improvement Element 08 Remedial Amendment to Bee /\aencJa Item !'~o, 17B " January 29, 2008 1-39-WfJ4:-~D of 60 C The necessary facilities and services are guarantecd in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or building permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163,3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, Policy h5.3: [Renumbered and revised text, page 12] The concurrency requirement of the Transportation Level of Service Standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building pel1nit is issued; or B. The necessary facilities and services are under construction or the contract for such facilities and services has been let awarded. accepted. and duly executed bv all parties at the time a final site development plan, or final plat or bHilding pennit is issued; or C The necessary facilities and services are under contract or under construction in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR reflects the proiects set forth in the first vear of said Schedule at the time a final site development plan, liRal plat or bHildiRg pel1nit is is:;Hed; or D, The necessary facilities and services are i1-1 the lirst or secoRd year of under construction or under contract Dursuant to a FDOT 5- Year Work Program at--the time a final sitc dc','clopmcnt plan, fiRal plat or buildiRg perFHit is issHcd; or E, The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requircments of Policies 5,?1 through 5,8-1 of the Transp0l1ation Elemcn(o: or F, The necessary facilities and services are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5,9-li of the TranspOliation Element, if applicable, or to construct the needed facilities. as identified in the Schedule of Capital Improvements. prior to the time a Celiiticate of Occupancy (CO,) is issued for the first structure, G. A Droportionate share agreement has been aDDroyed consistent with the adopted ordinance. Policy h5.4: [Renumbered and revised text, page 12) Words underlined are added; words str~GI( thre~3h are deleted, 12 Capital Improvement Element 08 Remedial Amendment to Bee Agenda 11em '"0, 17B January 29, 2008 13il'Qi'ge-~1 of 60 The County shall continue to implement a Concurrency Management System, as identified in Di'iiaioll Sections ~ 6,02,02 and 10.02,07 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective +,5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS [Revised text, page 13] The Schedule of Capital Improvements on the following pages will eliminate existing deficiencies, replace obsolete or wom out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its estimate of proiected cost during each of the next five fiscal years is shown in thousands of dollars (000), The manth and year for actnal commencement of construction and the fflallth and year each project will be completed (in service) is are indicated. Each project ill CategOlj' /, is consistent with the level of service standards as identified within this element and the appropriate individual clement of this Growth Management Plan, EacH project ill CategOlj' B is consiEJtent '.','ith the level of SCl"/icc standards as identified ',','ithill this elcfflcHt. Optional elcmcnts ViCrc not de'/eloped far CategOl)' B facilities. Collier Countv has adopted a two-veal' Concurrencv Management Svstem, Figures provided for veal's three. four and five of this Schedule of CaDi tal Improvements are not Dart of the Concurrencv Management Svstem but are subiect to DroDortionate share, Figures provided for vears six through ten of the Schedule of Capital Improvements are estimates of revenues versus proiect costs but do not constitute a long term concurrencv svstem, [Schedule of Capital Improvements - See Insert] [Revised tables, pages ]4-27] PROGRAMS TO ENSURE IMPLEMENTATION [Renumbered and revised text, pages 28-30] Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in the this Capitallmprovcment Element will be achieved or exceeded. I. Development Order Review As pmi of the review of all applications for final site development plans, final plats, and building pem1its, the County will detennine whether or not there will be sufficient capacity of CategOlj' A public facilities. as described in Policv 1.1 above, to meet the standards for levels of service for Words underlined are added; words "trye" through are deleted, 13 Capital Improvement Element 08 Remedial Amendment to Bee Aaenda Item No, 17 B - January 29, 2003 1,3il'\li'ge-4!l2 of 60 the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders other than final site development plans. final plats. and building permits. for those having negative impacts on Category /\ public facilities otHer tHan final site de...elopment j3lafls, final plats, btlilding j3ennits, the County will deternline whether or not sufficient capacity of CategOl)' "A" public facilities are planned for construction concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. 2. Impact Fces Impact Fee Ordinances will require the same standard for the level of service as is required by Policy h 1.5. 3. Annual Budget The annual budget will include in its capital appropriations all projects in the Schedule of Capital Improvements that are planned for expenditures during the next fiscal ycar. 4. Semi;;annual Report The mandatory semi:annual rcpOli to the Florida Depatiment of Community Affairs: concerning amendments to the comprehensive plan due to emergencies, developments of regional impact, and selected small developments: will report on identify changes, if any, to adopted goals, objectives and policies in HIe this Capital Improvement Element. 5. Update of Capital Improvement Element The monitoring of, and adjustment to, HIe this Capital Improvement Element is an ongoing Drocess ncccssitated bv changing conditions to lHeet the cHanging conditions must be an ongoing proccss, Beginning ill no later than i\"gHst December of each ycar, the element will be updated in conjunction with the County's budget proccss and the release of the official BEBR population estimates and projections. The update will include: +A, Revision of population projcctions; 2,~, Updates of facility inventory; ~. Update of unit costs; 40, Update of facilities requirements analysis to project 10 year needs (by fiscal year) in order to program projects to meet the service standards; !>.E.. Updatc of revenue forecasts in order to evaluate financial feasibility and the County's ability to finance capital improvements needed to meet the Service standards; 4.E. Revise and develop capital improvement projects for the next five years. The first year's schedule of projects will be incorporated into the County's budget effective October I "; and, +G. Update of the public school and hcalth facilities analysis. Words underlined are added; words strYGI( thrgygh are deleted, 14 Capitallmprovemenl Element 08 Remedial Amendment to BCe Agenda Item No, 178 January 29, 2008 1-3P'@ger~3 of 60 6. Concurrency Management System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended, The system consists of the following components: A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities. as described in Policv 1.1 above. compared to the standards for levels of service adopted in Policy hl.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecasts the capacity of existing and planned public facilities for each of the five succeeding fiscal years, For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done, These forecasts are based on the most recently updated Schedule of Capital Improvemcnts in this Capital Improvement Element. +fie Notwithstanding anv other Drovisions in tfle this CaDital ImDrovement Element. the annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of Category A public facilities for the purpose of issuing development orders during the 12 months following the approval of the AUIR. The AUlR will gO into effect immediatelv UDon aDDroval bv the Collier Countv Board of Countv Commissioners. B. Public facility capacity review. The County shall use the proccdures specified in Implementation Programs 1 and 6 to enforce the rcquirements of Policies h5,1, h5.2 and h5.3 of this Element. C. Review of changes in planned capacity of public facilities, The County shall review each amendment to this Capital Improvement Element in paJiicular any changes in standards for Icvels of servicc and changes in the Schedule of Capital Improvements in order to enforce thc policies of this Element. D, Concurrency Management Implemcntation Stratcgies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: 1. Standards for levels of service are applied within appropriate geographical areas of the County, StaJ1dards for County-wide public facilities are applied to development orders based on levels of service throughout the County. 2, Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. 3, Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: Words underlined are added; words str~el, thrg~gR are deleted, t5 Capital Improvement Element 08 Remedial Amendmenllo BCC ~,oenda item No. 178 - January 29, 2003 131l'Qi'0~~4 of 60 a, annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b, annual monitoring covers seasonal variations in levels of service. 7. Sees"!! S year Third Evaluation and Appraisal Report The required secoRd 5 year third Evaluation and Appraisal Report (EAR) will address the implementation of the goals, objectives and policies of tfle this Capital Improvement Element. The monitoring procedures necessary to enable the completion of the ~ third evaluation include: A Review of annual reports of the Concurrency Management System. as set fOlih in paragraph Section 6 above; B. Review of semi~annual reports to DCA concerning amendments to the Comprehensive Plan, as set forth in paragraph Section 4 above; and C. Review of annual updates of this Capital Improvement Element, including updated suppOliing documents, Footnotes to the Schedule of Capital Improvements [Revised text, pages 28-29, immediately following the Schedule of Capital Improvements] These footnotes provide brief explanations of revenue sources and their acronvms found in the Schedule of Capital Improvements. and where to find related supporting data and analvsis. L Note: Impact Fee (IF) revenues are proiectcd from actual historical revenue and current permitting activitv and forecasts. Refer to Appendix "I". Certain impact fees are referenced with direct connection to facilitv tvpe. such as Water Impact Fees (WIF) or Words underlined are added: words "truek thrO"0h are deleted, t6 Capital Improvement Element 08 Remedial Amendment to Bee ,~genda Item No. 176 January 29, 2008 1-3il"8'g&-<!l5 of 60 Sewer Impact Fees (SIF) and may be termed System Deve]opment fees, Water and sewer impact fees are also proiected based on population projections prepared bv the Comprehensive Planning Department. 2. Note: Grant and Reimbursement (GR) revenues are based on proiect-specific funding agreements with tbe State of Florida. South F]orida Water Management District or other agencv, Refer to Armendix "1". l. Note: Deve]oper Contribution Agreement (DC) or advanced reimbursement revenues are based on a project-specific agreement with an active developer doing business in Collier Countv. 4. Note: Certificate of Adequacv (COA) revenues are projected from historical revenue information. .i. Note: Gas Tax (GA) revenues are proiected from historical revenue information, Refer to Appendix "I". 6, Note: Ave Maria (A V) revenues are based on a proicct-specific Developer Contribution Agrcement (DCA) wjth Ave Maria Deve]opment, LLP. Refer tn Appendix "I". 7. Note: Carry Forward (CF) revenues are based on a combination of encumbered and unencumbered funds from lJrior vears that wiil continue to roll until they are spent. lh Note: Transfer (TR) revenue is money coming in from anotber fund. and is proiected from historical infonnation, Refcr tn Appendix "I", 9. Notc: General Fund (GF) revcnucs are proiected from historical revenue infol111ation, Refer to Appendix "I". ]0. Note: Revenue Reserve (RR) revenues are based on a percentage of total new revenue, Refer tn Appcndix "I". 1L Note: Revenue Bond Financing (8) or Bond Proceeds (revenue) are usually received as a lumlJ sum but occasionally can be received in installments. and are not based on historical revenues. In some instances. this item is actuallv shown as an expense for bond debt service pavmcnts. and in other instances. this item shows bond revenuc proceeds, Revenue bond coven(lllL\' and commercial DaDer documentation are voluminous and do not aVDear in SUlJDort documents. The lJertinent inf()rmathJn is hOlH!Ver provided in the Consultin'! En'!inecrin'! and Financial Feasibilitv Rcport, datcd October 25, 2006, and appears ill Appcndix "I", ]2. Note: Capital Account (CA) revenues are proiected based on the capita] proiects spending needs. Rc(er tn Appendix "I". Certain capita] accounts are rcferenced with direct connection to facilitv tvpe. such as Water Capita] Accounts (WCA) and Sewer Capital Accounts (SCA), Words underlined are added: words struck through are deleted, 17 Capital Improvement Element 08 Remedial Amendment to BCC Agenda Item t'-lo. 178 January 29, 2008 1,3Il'Qi'ge,.4!l5 of 50 rr Note: User Fee (OF) revenues are proiected from historical revenue information. Refer to Armendlx "I", Certain user fees are referenced with direct connection to the user under contract. such as Waste Management Fees (WMF). l1, Note: Communitv Redevelopment Area (CRA) or Municipal Service Taxing Unit revenues are proiectcd from historical rcvenue information, 15, Note: State Revolving Fund Loan (SRF) revenues are received in installments during the course of a proiect. Refer to ADDendlx "I", 16, Note: Commercial Paper (LOC) or local linancial institution loan revenue is short-tenn borrowing usuallv meant for funding ]}roiects underwav until such time another funding source is received. Commercial naner documentation and revenue hand covenants are voluminous and do 110t aDnear ill S1ll7!)()rt documents. 771e nertinent information is however "rlJvlded In the COlISul/lnz Enzlneerlnz and Financial Feaslhllltv ReDort, dated Oe/oher 25, 2000, and appears In Appendix "1", lL Note: Rate Revenue (REV) revenues are based on historical revenue infonnation combined with the ]}roiection of volume change and revenue requirement ]}roiections, Refer /0 Almendlx "1", Remedial Amendment to BCC cs-dw/1-14-08 G:IComprehensivelEAR Amendment Modifications\January 08 Remedial Amendment MalerialslRemedial CIE Amendment to BCC 1-8-08.doc Words underlined are added; words etrue" through are deleted. 18 o:lCOO t;.....OlD Cl- IO , C- .<....~N ;:: >. 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Sltt L"an~ SRf'7 SKFL.,an1 SRn-SRFLoall~ SRn-SRF].oan~ SRFIII-SRFLoanW SEFI[ SI(I'["",,]I SRFI1 SRI'u"n]2 SRF]:1 SI(FI,,,m]) SRFI ~ SRI' Loan 14 SeA \\,,,slc,,""ICTCJP,wl/\ccounl REV l(oltR,'wnlJe l:s~TFc,," SOLIJ) WASTE Rn-'en<Je<;; Less ['pt'ndilurcs l'ARh$ Rt\-',,",""'" Lt'SsExpendlturcs' I"~)act Ftc"S (;r.mts GCI\eralFulld STOR)',I WATER Revcnut"" Le;sE'p''''lilures e;1( - Gral\lSi Rei";-'~""'\U:'ll-\ CF-CarryForward CRA - C"ll1m~nit)' Redevelopmenl Areal MlI!lIc'pal S",v,,,,, '1 axing Unil (;F,CeclecaIF",.1 IUJ'AI.l'llo.lFCTS $1,~.l2A03.063 C:lAdLib sXpressllnputlAgenda,BCCAGENDA.42604 CIE-23 ,.6..:'8ilda Item r'~o. 178 ~ January 29, 2008 Page 38 of 60 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, And FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, Intervenors, vs. DOAH Case No. 07-2317 COLLIER COUNTY, Respondent, And BUCKLEY ENTERPRISES, HIDEOUT GOLF CLUB, LTD., JOHN 1. COWAN and JANE ANN COWAN, TRUSTEES, Intervenors. PARTI\(. STfPlL\TED SETTLE.\IENT ,\CREE:'II!':\!T THIS STiPULATED SETTLEMENT AGREEMENT is entered into by and between Petitioners the State of Florida, Department of Community AITairs, Petitioners,in-Intervention Florida Wildlife Federation and Collier County Audubon Society, and Respondent Collier County;;: a partial settlement of the claims raised in the above-styled proceeding, completely resolving the issues raised by Ordinance 07-07. /-,' " , -..~" .-:> ~ .~ ) ., ,") r)r"' ';;; ~~~,. ------! '-..= /" -- ~,~ ,. )'::.0- ~-., __\(_1 -,-r; C) --i ';~~"2 ::1: :-~rl! 1 I) ........ ;~_l ,--, C..l ,^,oenda Item 1"0. 178 ~ January 29, 2008 Page 39 of 60 RECITALS WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land plmming agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Collier County (Local Government) is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Local Government adoptcd Comprehensive Plan Amendment 07,lER (Amendment) on January 25, 2007; and WHEREAS, the Amendment updated the County's Capital Improvements Element (CIE) Five- Year Schedule adopted by Ordinance 07-07; and WHEREAS, the Department issued its Statement ofIntent on May I, 2007, and published its Notice of Intent regarding the Amendment on May 2,2007; and WHEREAS, as set forth in tbe Statement of Intent, the Departmertt contends tbat the Amendment is not "in compliance" for a number of reasons; and WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the above, styled fonnal administrative proceeding challenging the Amendment; and WHEREAS. the Local Government disputes the allegations of the Statement of Intent regarding the Amendment; and WHEREAS, the parties wish to avcid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein; and , Aoe.nda item I'~o. 173 .~ January 29,2008 Pag'3 40 of 60 WHEREAS, the Local Government has providing supporting data and analysis for the remedial changcs to the Capital Improvements Element (CIE) Five,Ycar Schedule; and \VHEREAS, the parties wish to resolve this portion of the pendmg proceeding under the terms set forth herein, and agree it is in their respcctive and the parties' mutual best interests to do so; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinbelow set forth, and in consideration of the beneiits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS I. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a, Act The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Pmi II, Chapter 163, Florida Statutes. b. A!n"eement: This Stipulated Settlement Agreement. c. <:;olllorchensive Plan Amendment or Plan Amendment: Comprehensive plan amendment 07,IER adopted by the Local Govemment on January 25, 2007, as Ordinance 07-07. d, DOAH: The Florida Division of Administrative Hearings. e. In cDmpliance or into compliance: The meaning set forth in Section ] 63.3184( 1 )(b), Florida Statutes, f. NDtice: The notice of intent issued by the Department to which was attached its statemcnt of intent to find the plan amendment n0l in compliance. .1 ,~g8nda !tern r~o. 17B January 29, 2008 Page 41 of 60 g. Petition: The petition for administrative hearing and relief filed by the Department in this case. h. Remcdial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the Amendment into compliance. 1. Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local govemment must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this Agreement or be otherwise acceptable to the Dcpartment. J. Statement ofIntent: The statement of intent to find the Plan Amendment not in compliance issued by the Department in this case, k. Support Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice and Statement of Intent to find the Amendment not in compliance, and filed the Petition in this ease to that effect. Subsequent to the filing of the Petition the parties conferred and agreed (0 resolve in part the issues in the Petition, l';'otice and Statement of Intent through this Agreement. It is the intent of -I f\genGa Item No, 173 January 29,2008 Page 42 of CO this Agreement to resolve fully all issues between the parties in this proceeding as pertaining to Ordinance 07-07, 4. Cumulative Notice ofIntent. If the Local Government completes the Remedial Actions required by this Agreement, the Department will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the Amendment that is the subject of this proceeding. The Department will file the cumulative Notice of Intent with DOAH. 5. Dec"r;Pti"n qfPrmj,j.\s!ns not iJl COfT)piiance ,Ulll ~el11cdial Actions;",Lc~al_Eff,-'g of A greement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the provisions not in compliance. Exhibit B contains Remedial Actions need cd for compliance with respect to Ordinance 07,07 updating the Five-Year Schedule of Capital Improvements. Exhibits A and B are incorporated in this Agreement by this reference, This Agreement constitutes a stipulation that if the Remedial Actions are accomplishcd, the Amendment will be in compliance. 6 Rcmedial Actions to be Considered for Adoption, The Local Govenmlent agrees to consider for adoption by fomlal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 7 AdoDtion or Approval of Remedial Plan Amendmcnts. Within 60 days after execution of this Agreement by the parties, the Local Govemment shall consider tar adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption healing. Within 10 working days aiter adoption of the Remedial Plan Amendment, the Local Government shalllransmit 3 copies of the amcndment to the Departmcnt as provided in Rule 9J-11.011(5), Florida Administrative Code. The Local Government also shall submit one copy to the regional planning agency and to any other unit of ~ Agenda 11em ~~o. 173- January 29, 2008 Page 43 of 60 local or state govemment that has filcd a written request with the governing body for a copy of the Remedial Plan Amendment. The Remedial Plan Amendment shall be transmitted (0 the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specille portions and pages. 8. Acknowled2111ent. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163,3184, F101ida Statutes, for the adopted amendments in accordance with this Agreement. a. In Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a Cumulative Notice of Intent addressing both the Amendment and the Remedial Plan /unendment as being in compliance, The Department shall file this Cumulative Notice with DOA.H and shall move to have this proceeding dismissed, b. Not in Compliance: Ifthe Remcdial Actions do not satisfy this Agreement, tbe Department shall issue a Notice of/ntent to find the Plan Amendment not in compliance and shall fOf'lvard tbe notice to DOAH for consolidation with the pending proceeding, 10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. (, 11'2;11 No. 17B J3nu3ry 29, 2003 ?('j9'3 44 of 60 I]. Purpose of this Agreement: Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Amendment. The acceptance of proposals for purposes of this Agreement is pal1 of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and docs not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 12. Approval bv Governing Bodv. This Agreement has bcen approved by the Local Goverrunent's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.31 84(16)(c), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in the Local Government's charter or other regulations, 13. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistcnt with this agreement, the statute or regulation shall take precedence. 14. Other Persons Unaffected, Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agre'~ment is not intended to benefit any third party. 15. Attorncy Fees and Costs. Each party shall beM its own costs, including attorney fees, incurred in cOllnection with the above,captioned case and this Agrccment. 16, Effective Date, This Agreement shall become effective immediately upon execution by the Department and the Local Government. " Ag2nda Item No. 178 January 29, 2008 Page 45 of 60 17, Filing and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, this administrative proceeding shall be stayed by the Administrative Law Judge in accordance with Section 163.3184( 16)(b), Florida Statutes. 18, Retention of Right to Final Hearinl!;. Both parties hereby retain the right to have a final hearing in this procecding in the event of a breach of this Agreement, and nothing in this Agreement shall be dcemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing ifit becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action, 19. Construction of Agreement. All parties to this Agreement arc deemcd to have participated in its drafting, In the event of any ambiguity in the tern1S of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in qucstion. 20. Entire Agreement. This is thc entire agreement between the parties and no verbal or w'fitten assurance or promise is effective or binding unless included in this document. 21. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of govemmcntal discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Originals. This Agrecment may be executed in any number of oliginals, all of which evidence one agrecment, and only one of which need be produced for any pW'JJose. 23. Captions. The captions iliscrted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. 8 AaeiKJa item i'Jo. 173 ~ January 29, 2008 Page 46 of 60 In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS By: "CiA, ""'I i/ /, --', '7;.' j' I k)" J- J L_,. (/:,ecLL,1 "Ii">,,, 'CharJc,; Gallthier, /I.lCP, Director Division of Community Planning .. [' ,( Appf-ol'ed as to form and legality: I 'I i ., " /1"-" ,',-,./ ( [I \,,1 , " \,' --- ~~:2"IILi}~~;;~,__ L~Tlel1~1 NoiT Assistant General Counsel , ') I ,;' ," _-A~:..~l___-j_~ ( Dale' _\)<20 -() r Date STATE OF FLORIDA COUNTY OF LEON The foregoing instmment was acknowledged before me this , ,'. 7 / ) ;/ l i'~ "', ,,', '- ",r~,. , '" ' /./1,. /( '- .l..LL~'~'.~'L'"~' who IS ~ " ,/ ~ :rl.L .,7L' d;)y (If , 2007, by kn~me or who has produced who di~ake an oath. as identification and / J" / / .' ( \ ': "). ,) . -,~<....'<~ {I" ./',. - ------"">I"'~---_. \::!r,~ry Public .-,,~:'>-'!~......, I ,,"i~;,rl~," _.n~-MiAlm SNlf1ES Iq..~~ \,) ""'CO ~,!MieIIONID;;i-'i;l", ~~:l l\t<"t ,~fi'Hrt1P.G:m;f~T'J(I'1"RJ10 , ~ ~t..',t;,~ ~'I'~;vJ.!lfylll\tJl'i,~t;fl!l_t'" 'w" DOAH Case No. 07,2317GM q COLLIER COUNTY ATTEST: DWIGHT E. BROCK, Clerk ~ '. Chw ~L.t-t:~O-c. . :;~l1W~l D~tc Approved as 10 fonn and legal sufficiency: , '. .~ ,-,~, ,.','! ^ ,,'~>,_/^-::..,:,:D:~'l-'~'. ~" U.l::..::::;i' . "" -- _~--/'" MarjorilM. Studenl,Stirling AS:.ifilailt COlll11y Anorney I{ ".trO~O.7-- [)~,[c DOAH Case No. 07.2317GM )\,genda Item ~~o. 178 January 29, 2008 ?age 47 of 60 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /} ~' /-/:;, . . / _.f~. ~I JA1\lES COLETTA. CHAIRIvlAN .[2. - t 3_:CL Date I 10 f\genda Item No, 178 January 29, 2008 Page 48 of 60 FLORIDA WILDLIFE FEDERATION Approved as to form <md legality: ..i' i/,- ,;. .;!,' ',I :i.__~'" " ~~ancy 0'nnc Payton ) , ,/:"C: , c l '-'r I,' , " ._L"_~fu !{,G:to,:> L-I~/ fhoma'i Rcc,". Esquire ? By: " 1/..- .It L'cGJ... acknowledged before mc this ~ day of , , 2007, by '),!- j)lkyt;., I ,I: ;/ [i !.LfR-,-_L{iJ~.J " W,~il) i s" ,p~r::~~~~~~~'ll~ ~" !'-I'~ ~l,...-e""'"",,"J'''''''-- kno\\TI to me or who has produced as identification and -."-----... who didJdid 110t take an oath. , f, . " "..,r I' ,I,., ",1, " ! 1 " ,,. I I _, /1 ,,' I 'i ,", -' ,,1 '" .", ~"" I ,I t ".l,:~ _m._----;.....:_.__,~."._, '~, -'r"'--~-----'-'--'--:"'-"~ ;, J\i{ll:u~\r~ lrubij( 1 ' . ~t..l"'I.'..,,;c"'" \\'1";\;-,' \. . .-~: 11 ::, S -;- \J~ , I,',~"; ',' ,I", {i;;f':~f\",~.., ; ".:::~~,;.,/ I;:':~';~' c',"r. -'Cm,j'<'., ';;'i_~_',"- , 1 i' ~ ~ i.\ _'!S('f': " .t,. DOAH Ca,>e No, 07-2317GM 11 1 Agenda Ilem No, 178 ,January 29, 2008 Page 49 of 60 COLLIER COUNTY AUDUBON SOCIETY Approved as to form and legality: By: ..-T '~, "... '-" / \ ';'1/' ,) ,.,.,,<_C<:::"1 B'radley Comdlc) /) /" ,.:::::/?:./ / , }-'"-' ~;;.' "'I.-.".._,~ ,~,~~ ..".e'''. i' C,_.-"" ") '.;!"/, ' -L" ,,~"l 02..,,, l.{/ Thomas Reese. Esquire /:'./I'I/.7 Date / . Ie- /11 ~7 Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this .l.=t.- day of i)ec er'Y\bef , 2007, by R ('(Ad Ie" ('1'1 'C n... 1I I , who is personally known to me or who has produced C \ {L!, as identit'ication and who did/did not take an oath, CJ" -lie .... PJ,c.f-'[lw~~::"i,J;f;:; ""'~~~'~;;;'" ;' 'IHyD'fii" . ';;,t;i~O ':,! rk-il:I~;' .'-'.,:,'~..",}.. <:0" '"b: ',-""_,,, 1",~'>1,'nll' i"-('- ~J.\" ;; M"Corn(J\'~~':1f1 ~'i".,t,J _"lJ ~J ~.~ "?..~":,, I" " l't.:.,'''l[(~. ~ ~, {I ...~' ,..'!jtf'I;I;!;\l)'I::l ,.I.) \,"'- ':-Y\,-.-.-~ ""'," ....-, , ,,",, ,.". j N'l3(, ,,",:.~.'" -"'''',- ;.'if....~~ "t1'''''-'''l'! rrlln,'~l.. tL..IU;W ~' . "',f,;i':,;;~~'~ ,,:I !'--" " ;1".-.,("-. Nota..-y Public DOAH Case No, 07-2317GM 12 . . . 05123/2007 12:00 8509222579 May 232007 11:53 DCA GEI~ER,AL COUHSEL Agenda Hem t~o. 178 JanB~~29P~6~~ Page 50 of 60 81 ATE OF FLORlDA DEP ARTMENT OF COMMliNITY AFFAIRS IlN RE; COLLIER COlJ:l.JTY II COMPREHENSrvE PLAN AMENDMENT I 07.IERAMENDING FUTURE LAND USE rOCket No. 07,ER.NOI-IIOI-(A)-(N) ELEMENT MAP AND TEXT, THE CAPITAL IMPROVEMENTS ELEMENT. S1 AUMENT OF INT!;l"iT TO FJ}.;O !:.OMPREHENSIVE PLAN AMEN"DME0<TS NOT iN COMPLlAl'iCE Tne Florida Department of CommW'lity Affairs (Department), pursuant 10 Rule 9J- 11.012(6), Florida Administrative Code, hereby issues this Statement of Intent to flnd the Collier County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle Meade and the associated lext amendments to tne Future Land Use Element adopted by Ordinance Number 07-18, on January 25,2007 not "in compliance". and also finds the Capital Improvements Element, adopted by Ordinance Number 07-07, on January 25, 2007, not "itl compliance" based upon the Objections, Re<:onunendations and Comments Report issued by the Department on July 28,2006, which is hereby incorporated by reference, The Department finds thai the Amendments are not "in compliance" as defined in Section 163,3 184(1)(b), Florida. Sra/llles, because they are not consistent with Chapter 163, Part II, Florida Statl/tes, the State Comprehensive Plan (Chapler 187, Florida Statutes), and Rule9J,5. Florida Administrative Code. for the following reasons: I. ((J!\'iliTEXCY WITH CHAPTt;:,(l. 163 FLORIDA..SIFlJ,:IiOS, ,\NJ2.R..l.,,:Lt; 9),5. FLORiD,." ADMJ)'iISTR-.>,TIVE CODE ,\. ,INCO:>lSISTE;,\T PIWVIS(O:'i~ e5/23/20e7 12:00 8509222679 May 23 2007 DCA GENERAL COL~SEL 11 :53 Agenda item No, 17B Jan.u'PI~6i!', WA2 Page:01 01 aU .. 1. Ordinanc~ No. 07-18; Future land U~e [Iemenl nDd :'\Jno Series Amendment: The inconsistent provisions of the Future Land Use Element and Map series pertain to changes 10 1\'orth Belle yleade Overla)' as follows: Natural Resource Protection: The Future Land Use ~lap as it pertains to Section 24, and the te.,t changes on page 45 of the strike through and underline version oflhe plan as it pertains to Section 24 are not in compliance because: 1. It is internally inconsistent with the pro....isions ofBl.d, on page 44 or the strikethrough and underline version, pertaining to Red Cockaded Woodperkers (ReW) because the best available data indicate that Section 24 contains RCW habitat and therefore should be designated as Sending lands consistent witlI the definition of Sending Lands in the County's comprehensive plan. According to the wi Comprehensive plan Sending Lands "are those lands that have the highest degree of environmental value and sen~itivity and generally include signi (kant wetlands, uplands, and habitat for listed 3peeies". , The Future Land Use Map as it pertains to the Section 24 is also inconsistent with Rule 9J-5.0l3(2)(b)4 whieh requires the County to conserve, appropriately use and protect wildlife habitat. This is because the best available data indicate that ReW habitat is present on Section 24 and as such the property should be designated as Sending Lands. 3. Furthermore, these amendments arc not "in compliance" because they fail to respond appropriately to the best available data regarding environmental characteristics of Section 24. Rule 9J-5.005(2)(a) FAC. requires the comprehensi.'e plan, as well as plan amendments to be based upon relevant and ~ppropriate data and analyses. , - . . . 05/23/2007 12:00 11ay 23 2007 DCA GENERAL COUNSEL 11 ::,4 i\g"nda Item Ho, 173 Jal1u'Pt{e'E:9, ?fI9~ 2 Page :J2 of 00 8509222579 [Chapter IG3.3177(6)(a), (d), & (8)., Florida Statutes (F.S.); 91-5.005(2) and (5), 91- 5.006(3)(b)4., (3)(c)I., & 6.; 91.5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida Administrative Code (F AC)]. 2. Ordinance #: 07.07; CllDitallmllro~'ement$ Element Chanees: The inconsistent provisions 0 f the Amendment under this subject heading are as follows: 1. The Schedule of Capital Improvements covers four years instead of five years as required. This is inconsistent with the requirement that local governments adopt and maintain as part of their comprehensive plan a Five- Year Schedule of Capital Improvements. 2. The funding sources for the identified improvements are not stated per year of improvement. Instead, it is stated for all the projects listed on the schedule for each type of capital facility. For example, in the case ofroads, revenues will come from gas tax, impact fees, bond, carry forward, grants, developer contribution (i.e., A \'e Maria), general fund. and trlll1sfern. As a result, it is not possible to detennine if the project is funded by committed or planned sources in order to demonstrate the financial feasibility of the schedule. State law requires that projects be funded with com.:nitted sources of funds for years I through 3. and with committed and or planned sources in the 4'h and S" years. 3. The projected revenues for each of the identified sources are not provided; as a result, it is not possible to demonstrate and determine the financial feasibility of the schedule, i.e., \0 detcnnine that the County will indeed generate the funds from those sources to pay for the improvements. [Chapter 163.3164(32), 163,3177(2) & (3)(a), 163.3 I 77(6)(a), (c), (8), & (10)(0), f'.S., and 9J,5.005(2)(a), (c), & (e), 9J.5.006(2)(a), 9J,5.011(l)(b), (1)(1), (2)(h)!. & 2., & (2)(c)I, and 91.5.016(1), (2), (3)(b}l, 3, 4, 5, (3)(c}6, & g, and (4), and 9J-5.019(4)(c)1., F.A.C] 3 OS/23/2007 12: 00 8509222579 11ay 23 2007 DCA GENERAL COUNSEL 11 :54 Agenda Item 1"0, 178 Janu<j5/;lr-if-'l, ~ 2 Page-53 orM .. B. Recommended remedialllctions: The above im:onsistencies may be remedied by taking the followi ng actions: !. Ordi03nce :"10. 07-18; Future Lalld l'se Element and MllPSeries Amendmenl: Re,'ise the :-.lQrlh Belle Meade Future Land Use Overlay Map to change the land use designation for Section 24 from Neutral Lands to Sending Lands in order to be consistent wilh the Sending Lands provisions of the Plan, as well as with amended Section of the plan pertaining to Red-Cockaded Woodpeckers (RCW), (page 44) of the revised Future Land Use Element (strikethrough and underline version). At the same time, the County should delete the additional requirements and limitations imposed on development in Section 24 (page 45) oflhe revised Future Land Use Element (strikethrough and ~ underline version) and treat the Sectkm 24 Sending Land the same way as other Sending Lands in North Belle Meade. 2. Ordinance No. 07-01: Caoital Improvements Element CbaD!!es: I. Revise the Five -Year Schedule of Capital Improvements to cover five years as required. 2. Indicate the funding sources for each improvement included on the schedule for every year listed for that improvement. If the funds are corning from multiple sources, indicale the percentage of the funds for that project that will come from each stated funding source. If a project is to be funded by State. County, or private contributions, the schedule should indicate that, and ;n addition show the percentage that will come from each contributor. For priv'aie contributions, the agreement between the county and the private contributor that guarantees the funds should be referenced in the schedule and included as an attachment. For the first three years the funds must come from committed ,t OS/23/2007 12: 00 8589222679 11ay ::'3 2007 DCA GHIERAL COUHSEL 11: :,4 f\genca Hem t~o. 178 JanuEP6i@, ~1a.2 Page 54 of 60 . sources while for the remaining two. years it could come !Tom co.mmitted and or planned funding so.urces. You could llse abbreviatio.ns to. deno.te the funding sources and provide, as a foatnote. the meaning o.f each abbre,'iatian. J. Pravide data and analysis projecting the revenues and expenditures of the County for each Qfthe sources that will be used to. fund the capital imprQvements listed on the schedule and cQvering the duratian of the schedule. The projectiQns should include a briefhislorical perspeetive Qfthe Co.unty's ability to. raise money fram each so.urce and based on that provide a projection of funds faf the future. The analysi! should shQW that there are sufficient funds, after the expenditures are removed, to pay for the capital impravements listed an the schedule. . [I. CQNSISTENCY WITH THE SI A IE COMPREHENSIVE PLAN A. Inconsistent provisions. The Amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Sectian [87.201, Florida Statutes, including the fallawing pravisians: 1. Natural S~'stems llnd Recreatilln Lands GQaI (9)(a), PQlicy(b)l., 3.,4., regarding the protection ofwildlife and wildlife habitats, with respect to Ordinance No. 07-18; and 2. Land Use Goal (l5)(a), Palicy(b)2., regarding the develQpment of a system af incentives and disincentives which encourages a separatian af urban and rural land uses while protecting, among other things, wildlife habitats, with respect to Ordinance No. 07-18; and 3. Public Facilities Goal (17)(a), Po.licies (b)6. & 9. regarding the provision of public facilities, with l'l:Spect to. Ordinance No.. 07-07. B. Recommended remedial aClion. These inconsistencies m.y be remedied by revising . the Amendment lIS described earlier in this statement of intenl. 5 OS/23/2007 12: 00 8589222579 May 23 2007 11 : 54 DCA GENERAL CO~,SEL Agenda Item No, 178 JanLp'AGE9. ?/;I,o,!:2 Page 55 of'6"u . CONCLUSIONS I. The Amendment is not consistent ....ith the State Comprehensh'e Plan. 2, The Amendment is not consistent with Chapter 91-5, Fh;rida Adminlstrazive Cr;Jde, 3. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida StaZutes. 4. The Amendment is not "in compliance," as defined in Section 163.3184(1)(b) Florida Statutes. 5. In order to bring the CCfmprehensive Plan amendment into compliance:, the County may complete the reeonunended remedial actions describcd above or adopt other remedial actions W that eliminate the inconsistencies. ~- Executed this L day of May 2007, at Tallahassee, Florida. ) k.~ ) , (J' / l <,/i. I ,/'l~/l C\ /, ' ".cl ..., ..-,' ,I /1 (( -;.~-.r./ I '- r;;..:;::L"~'l.~__ Mike McDaniel, Chief, Comprehensive Planning Division a[Community Planning Department ofCammunity Affairs 2555 Shumard Oak Boulevard J Tallahassee, Florida 32399-2100 5 . . . r'\8enda 118m !'~o, i 78 ~ January 29,2008 Page 56 of 60 EXHIBIT B COLLIER COUNTY Partial Settlement to Resolve Not-In-Compliance Finding for: Amendment 07-1ER Docket No. 07-ER-NOI-ll01-(A)-(N) Settlement Condition: Collier County has agreed to undertake the following remedial actions as partial settlement to resolve the Not,ln,Compliance finding for ,\mcndment 07,1 ER (Docket No, 07-ER-NOI-ll01-(A)-(N) wirh respect to changes to the Capitallmprovcment Elemenr adopted by Ordinance 0lumher 07.07, on January 25, 2007. Remedia11\ction to he 1 indertaken b, the Count": .\s a remedial action, the COll11ty shall adopt the attached revised Schedule or Capiul Improvements into its comprehensive plan in order to resolve the '(\.'ot-In-Col11pliance issues a::.,sociatcd '\l71th Ordinance Nutnber 07-07, adopted on January 25, 2007. The attachment to this Exhibit B, which was previously labeled by the County as Exhibit.\ to their response to the 'Department's Statement of Intent,. includes a t~yiscd Schedule of Ca.-piml Imprm'cments 2006 to 2011.* The adopted remcdial amendment, when transmitted to DCA, shall include a cor)' of the supporting u3ta and analysIs, ""(Cadi!!!' Cottn(y COJliprdlt1!sit!(, Ph..-mr,,:g J/4rJlo/t~: rcw L'/ar{j!"u/iofJ, !hiJ .)thedujc (1 C:.rpi:al Im/JfD/'mJents J1JL1tlS thein' COJ{!I()'.(isctllj{!(/!'J 200(;.07 /hm1fgh 20/0-11, mid is alflsi.rlcnt ]1'i/11 Ib(')'('ar.r "I"hmpfl (Jbor!-1'.) Agenda Item 1'40.173 January 29, 2003 Page 57 of 60 . Attaclunent to Exhibit B Collier County Amendmenr 07-1ER Docket No. 07-ER-NOI-ll01-(A)-(N) Settlement Agreement: \trJ -) . . . Collier Count" SOl Response Ag'2nc:a Item ~jo, 17B January 29, 2003 h'lflllft ~I\\ of 60 Exlubit A is the revi,<.:d version of the 5, Year Schedule of Capita! Improvements in its entirety, and IS entitled~ "Re1nedial Capital Impro\'c1nent Element AmendmentsH. .. .....,; 1 Collier Coontv SOl Re,:ponse Agenda Item No. 178 January 29, 2008 E'<e,jjii t5.!l. of 60 Footnotes These footnotes appear as a ,inglc listing immediately following the RemedIal Capital Improvement Element l\mendments / 5- Year Schedule of Capital Improvements tables. Each footnote is provided to hriefly explain rC\'l'oue sources and their acronyms found in the tables, and where to find related supporting data & analp", 1. ='Jote: Imp;lct Fee (IF) revenues are projec1cd Fronl actual historical revenue and current pcnrutIlng ;JCt1yity and forecasts. See atladjfJ/I'}t!.f to E......,'/Jib,1 "B ': Cc.:rta.in lll1pact fees atc referenced \\-'lth direct connccdon to facility type, such:1.s \,/ater Irnp:iCtFccs (\X/IF) or Sewer Impact Fees (SIP) and may be tenned System Developme11l fees. \Varer and sewer impact fees arc also projected based on popularion projections prepared by the Comprcht:nsive Planning Dep:utlnent, ., Note: Gram and Reimbursement (GR) r<,\'enul'S are based on project specific funding agreements with rhe State of Florida. Soutb 1"I(JI~(la \V3ter Manar>;ement District or other agency. Jet' Ll/!art)/Jh'nl.r !f! Eo...-bib'-! "'B", 3, Note: Developer ContJibution Agre.ement (DC) or adyanced reunburserncnt f{.'yenues are hascd 011 :::I proiec[~specific ;Jgrccmcnt with an active developer doing bu~iness in Collier County. 4. Note-: Certificare of -"--\dequaey (COA) revenues afe projecred from hist01'1C:lI re\'enue inf()t1nation. S. )Jote: Gas Tax (GA) rC'i'l'nUes ;lre projecred [rotn histurical H.'VCDue information. Tee at/()thWnl{ to F.\."hibi/ '73 ". (1. NClle: Ave l\hrt3 (A "l revenues are ba~:ed on a pruj(:cr-spccific De.veloper Contribution Agreement (DCA) \"lrh Aye 1\laria De,'elopment, LLLP. Jer' att,hlmHlit to 6_~d!1-lnt "B". 7 Note: Carry j'"onv.aru (CF) rC'Tnucs are baseJ 00 a c0111binatiun of enculllbercd and unencu1l1bered funJs from prior years thJ.t will conI inul.: to !oll until they are spent. ii. Now: Transfer (TR) reyem.1C is lnoney cory-jog in from another fund, anu is projccteJ frOlTI historical inforulatiun. Jee altarl/JJjl'l1/ !o E:x/rib}! .13 I,: 9. ~()tc: General Fund (GF) l"CVl,:nUes :lre projected fron1 ht,toricat n:H;nuc infotn1ation, Sl'I' at/,JrhJJlmtJ /0 E.\/ubit '-'B ", 1 0, .I\: ore: Re'~enue Rc~cr...e (RR) re'oenues are based on a pLfccntJgc of totalnc\v rcyenue, .fee ~1t:{/c/;Jl)l'Illlo L.>."bibit 1']3 ". f 1. Nnte; Rcn:nuc Bond Fll1ancing (B) ()r Bond Proceeds. (revenue) are usuaHy received a:-; a lump sum but occasionally call be received in installments. :lnd :lre not b"seu un historical rcnmu-es" In some l11stancC's. this iten1 is actually sho'\vn as an expense for bond debt service paytnents, and In other instances, tlllS Hem shows bond revenue proceeds, Rn'CI!Uf bond tOl,lf.:!rall!J ,md (oml/Jt:nzal paper dOttllnol!ation are f!()!umiml/ts and do not appear elf attaf..'bmcllts to Exhihit "13 .'. The j1tJ1inrnt iJ:/~17Jh;/io!! :".1 bOlJ/i'l'tT proNded ill tbt' C(m.!Hllin~ EJlC'inccriflf and rllhuh7al FCluibtlitv Bq"?orl, dated Odohcr 2 'i) 200fi. ;1!u! ';Pp(:at:r {If all afla,dJ1!h'Il( /0 E:\:hib'l 'oR". Collier Countv SOl Response ,~g~ilda !tern t~o. 173 January 29, 2003 ERll!l>i6!\of 60 . 12, Note: Copital Account (CA) revenues arc projected based on the copital projccts spending needs, Jee attachmmt 10 E.,:bibit '73 ", Certain capital accounts ore referenced with direct connection to facility type, such as Woter Capital Accounts (WeA) and Sewer Capital Accounts (SCA). 13. Note: User Fcc (UF) revenues are projected from histonc31 revenue informacion. See attad,Wlcnt to D...../;ibit 'P>". Certain user fees are referenced with direct connectiun to the user under contract, such as \'(,'aste -rv-ranagelnent Fees (\X/~fF), 14. Note: Community Redevelopment Area (eRA) or Municipal Sel'Vice Taxing Cnit revcnues are projected from historical revenue infonnatlon. 15. Note: Stare Revolving Fund Loan (SRF) revenues are received in installments during the course of a project. S cr attachmentJ to E:\:hibit "13". 16. 'Jote: Commercial Paper (LOC) or local flllancial institution loan revenue is short,tem, borrowing usually meant fur funding projects undcnvay until such time another funding source is received, COJ7JfJ!{'raal paper dOi.-'lI1mntafjon and l1'lJenlle bond ('(t!Jenanfs are tJOlllm1J101Lf !tnd do not appear as atradlllJcnls 10 L:_'\:bibit "R)~ The pe,tinml ilTform-atiot! i.f bouJ{'1xr prow.dcd if! the C--:on.lldting f~'Z(rim:e;in~ and f-'inamiai FeaJibilif}' 1\1.'D011, dated Octo/Jfr 25. 2006! and app{:ars as an atlach1tlC1lt tn Exblbil "B ". . 17. Note: Rate Revenue (REV) revenues are based on hlstor:ical revenue infonnarion cOlubined with [he projcccion of volmne change and revenue requirement projections. See alt(1(bmtllt to Exhibit ''E'', .