Objective vs_ Subjective Criteria for the Rivergrass Village Hearing
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Objective vs. Subjective Criteria for the Rivergrass Village Hearing
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Objective vs. Subjective Criteria for the Rivergrass Village Hearing
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Subject: Objective vs. Subjective Criteria for the Rivergrass Village Hearing
Thread-Topic: Objective vs. Subjective Criteria for the Rivergrass Village
Hearing
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KlatzkowJeff
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Objective vs. Subjective Criteria for the Rivergrass Village Hearing
Commissioners:
Please consider this a one-way communication,
I have been asked by Commissioner Taylor to distribute the attached to you.
The attachments have their genesis in a request from Commissioner Taylor that I identify which criteria to be considered during the Rivergrass Village Hearing would be considered
objective, and which criteria would be considered subjective. Objective criteria are either clearly meet or not. An example would be a requirement that a building’s frontage be set
back from the property line by ten feet. It either is, or it is not. Subjective criteria require consideration by the Board as to whether or not it has been met, based on the evidence
presented at the Hearing. Whether a project is compatible with the surrounding neighborhood in a rezoning petition would be a typical example of this.
The first attachment is a listing of all of the LDC criteria to be considered in tomorrow’s hearing, delineated as to whether it is subjective or objective. It was created by my
land use attorneys located at our Horseshoe Office working side-by-side with Growth Management staff.
The second attachment is a similar discussion with the relevant portion of the County’s Growth Management Plan (also a joint project between my staff and Growth Management staff).
It is a more difficult discussion in that the particulars of these policies are set forth in the LDC, so that you will see references to some of these policies as encompassing both
objective and subjective considerations.
As always, please feel free to call me with any questions.
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
________________________________
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity.
Instead, contact this office by telephone or in writing.
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Michael.Brownlee@colliercountyfl.gov
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KlatzkowJeff
KlatzkowJeff
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SaundersBurt
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sip:burtsaunders@colliergov.net
SolisAndy
EX
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Andy.Solis@colliercountyfl.gov
SolisAndy
sip:andysolis@colliergov.net
FialaDonna
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Donna.Fiala@colliercountyfl.gov
FialaDonna
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TaylorPenny
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Penny.Taylor@colliercountyfl.gov
TaylorPenny
sip:pennytaylor@colliergov.net
McDanielBill
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Bill.McDaniel@colliercountyfl.gov
McDanielBill
sip:billmcdaniel@colliergov.net
OchsLeo
EX
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Leo.Ochs@colliercountyfl.gov
OchsLeo
sip:leoochs@colliergov.net
CasalanguidaNick
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Nick.Casalanguida@colliercountyfl.gov
CasalanguidaNick
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AshtonHeidi
EX
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Heidi.Ashton@colliercountyfl.gov
AshtonHeidi
sip:heidiashton@colliergov.net
WeeksDavid
EX
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David.Weeks@colliercountyfl.gov
WeeksDavid
sip:davidweeks@colliergov.net
BellowsRay
EX
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BellowsRay
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SRA Criteria-subjective v. objective-version 2 1-24-20.pdf
Page 1 of 9 CRITERIA The following criteria is extracted from LDC Sections 4.08.01 through 4.08.07: 1. Compatibility with adjacent land uses. SUBJECTIVE 2. An SRA
must contain sufficient suitable land to accommodate the planned development. SUBJECTIVE 3. Residential, commercial, manufacturing/light industrial, group housing, and transient
housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a natural Resource Index value of greater than 1.2. OBJECTIVE 4.
Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited
on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel. OBJECTIVE 5. Lands or parcels that are greater than
one acre and have an Index Value greater than 1.2 shall be retained as open space and maintained in a predominantly natural vegetated state. OBJECTIVE 6. Open space shall
also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. Gross acreage includes only that area of development
within the SRA that requires the consumption of Stewardship Credits. OBJECTIVE 7. As an incentive to encourage open space, open space on lands within an SRA located outside
of the ACSC that exceeds the required thirty-five percent retained open space shall not be required to consume Stewardship Credits. OBJECTIVE 8. An SRA may be contiguous to
an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in LDC Section 4.08.07 J.6. An SRA may be contiguous to, or encompass a WRA. OBJECTIVE
9. The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate
the proposed development in accordance with accepted transportation planning standards. OBJECTIVE 10. Conformity of the proposed SRA with the goals, objectives, and
policies of the GMP. OBJECTIVE AND SUBJECTIVE 11. Suitability criteria described in Items 2 through 9 above [LDC Section 4.08.07 A.1.] and other standards of LDC Section 4.08.07.
OBJECTIVE AND SUBJECTIVE Page 2 of 9 12. SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land
uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands. OBJECTIVE based on GMP Policy 4.9 13. Assurance that applicant has acquired or will acquire sufficient
Stewardship Credits to implement SRA uses. OBJECTIVE 14. Impacts, including environmental and public infrastructure impacts. OBJECTIVE AND SUBJECTIVE DETAIL ON ITEM 11-COMPLIANCE
WITH SRA LDC CRITERIA: LDC 4.08.07: Encourage and facilitate uses that enable economic prosperity and diversification of the economic base. SUBJECTIVE Encourage development that
utilizes creative land use planning techniques and facilitates a compact form of development. SUBJECTIVE VILLAGES- LDC 4.08.07.C.2 (and GMP Policy 4.7.2) Villages are primarily
residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. [SUBJECTIVE] Villages shall be not less than
100 acres or more than 1,000 acres. [OBJECTIVE] Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the
community's support services and facilities. [SUBJECTIVE] Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway
system serving all residential neighborhoods. [SUBJECTIVE] Villages shall have parks or public green spaces within neighborhoods. [OBJECTIVE] Villages shall include neighborhood scaled
retail and office uses, in a ratio as provided in Section 4.08.07 J.1. [SUBJECTIVE AND OBJECTIVE] Villages are an appropriate location for a full range of schools. [SUBJECTIVE] To the
extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. [SUBJECTIVE] The Village form of rural land development
is permitted within the ACSC subject to the limitations of Section 4.08.07 A.2. SRA DOCUMENT 4.08.07.H. [OBJECTIVE as to most requirements in H. and OBJECTIVE AND SUBJECTIVE as to
“k…. Design standards shall be consistent with the Design Criteria contained in Section 4.08.07 J.” and “t. When determined necessary to adequately assess the compatibility of proposed
uses within the SRA to existing land uses, their relationship to agriculture uses, Page 3 of 9 open space , recreation facilities, or to assess requests for deviations from the Design
Criteria standards, the County Manager or designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements,
as appropriate”] DESIGN CRITERIA: 4.08.07.J.3 Table B - Village [The chart is primarily OBJECTIVE] Typical Characteristics Village Size (Gross Acres) 100—1,000 acres (Villages
within the ACSC are subject to location and size limitations per LDC section 4.08.07.A.2. and are subject to Chapter 28-25, FAC.) Residential Units (DUs) per gross acre base density
1—4 DUs per gross acre (Density can be increased beyond the base density through the affordable workforce housing density bonus or through the density blending provision, per RLSA
policy 4.7 in the FLUE of the GMP.) Required Uses Uses Allowed But Not Required Residential Housing Styles Diversity of single family and multi-family housing types, styles, lot
sizes [SUBJECTIVE] Maximum Floor Area Ratio or Intensity Retail & Office - .5 Group Housing - .45 Civic/Governmental/Institution - .6 Transient Lodging - 26 upa net Goods and
Services Village Center with Neighborhood Goods and Services in Village Centers: Minimum 25 SF gross building area per DU Water and Wastewater Centralized or decentralized community
treatment system Interim Well and Septic Recreation and Open Space Parks & Public Green Spaces w/n Neighborhoods (minimum 1% of gross acres) Active Recreation/Golf Courses Lakes
Open Space Minimum 35% of SRA Civic, Governmental and Institutional Services Moderate Range of Services - minimum 10 SF/DU Full Range of Schools Transportation Auto - interconnected
system of collector and local roads; required connection to collector or arterial[SUBJECTIVE] Equestrian Trails County Transit Access Page 4 of 9 Interconnected sidewalk and pathway
system [SUBJECTIVE] 3. Village Design Criteria. a. General criteria. i. Villages are comprised of residential neighborhoods and shall include a mixeduse village center to serve
as the focal point for the community's support services and facilities. [SUBJECTIVE] ii. Villages shall be designed in a compact, pedestrian-friendly form. [SUBJECTIVE] iii. Create
an interconnected street system designed to disperse and reduce the length of automobile trips. [SUBJECTIVE] iv. Offer a range of housing types and price levels to accommodate diverse
ages and incomes. [SUBJECTIVE] Accessory dwelling units shall not count towards the maximum allowed density. v. Be developed in a progressive rural to urban continuum with the greatest
density, intensity and diversity occurring within the village center, to the least density, intensity and diversity occurring within the Neighborhood Edge. [SUBJECTIVE] vi. The SRA
document shall demonstrate the urban to rural transition occurring at the Villages limits boundary provides sufficient transition to the adjoining use, such as active agriculture, pasture,
rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means. [SUBJECTIVE] vii. Shall allow signs typically permitted in support of residential
uses including for sale, for rent, model home and temporary constructions signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted
in residential areas or in conjunction with residential uses. [SUBJECTIVE] viii. To the extent that section 5.05.08 is applicable within the Urban designated area, SRA Architectural
Design Standards shall comply with the provisions of section 5.05.08, unless additional or different design standards that deviate from section 5.05.08, in whole or part, are submitted
to the County no later than when the first SRA Site Development Document is submitted for approval. [OBJECTIVE] ix. To the extent that section 4.06.00 is applicable within the Urban
designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of section 4.06.00, unless additional or different design and installation standards
that deviate from section 4.06.00, in whole or in part, are submitted to Page 5 of 9 the County no later than when the first SRA Site Development Document is submitted for approval.
[OBJECTIVE] ******************* d. Context Zones. i General. a) Villages shall be designed to include a minimum of two Context Zones: Village Center and Neighborhood General. [OBJECTIVE]
b) Each Zone shall blend into the other without the requirements of buffers. [OBJECTIVE] c) Villages may include the Context Zone of Neighborhood Edge. [OBJECTIVE] d) Villages may
include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the Context Zones. [OBJECTIVE] e) The SRA Master Plan shall
designate the location of each Context Zone and each Special District. The village center shall be designated in one location. Neighborhood General, Neighborhood Edge and Special District
may be designated in multiple locations. [OBJECTIVE] f) Context Zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for
the establishment of the urban to rural continuum. [SUBJECTIVE] ii. Village center a) The allowable uses within a village center are commercial, retail, office, civic, institutional,
essential services, parks, residential and schools and accessory uses. [OBJECTIVE] b) Uses may occur in shared use buildings or single use buildings. [OBJECTIVE] c) The floor area
ratio of any use shall not exceed 2 for the total building area within each block, shall not exceed 0.5 for retail and office uses per block shall not exceed 0.6 for civic uses per
block. [OBJECTIVE] d) Transient Lodging - 26 dwelling units per village center gross acre [OBJECTIVE] e) Maximum building height - 5 Stories, excluding roofs and architectural features.
[OBJECTIVE] Page 6 of 9 f) Minimum lot area: 1,000 SF [OBJECTIVE] g) Block Perimeter: 2,500 Ft. max [OBJECTIVE] h) Front setbacks - 0 to 10 feet from the right-of-way line [OBJECTIVE]
i) Side setbacks - 0 feet [OBJECTIVE] j) Rear setbacks - 0 feet [OBJECTIVE] k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance
of 9 feet above the sidewalk and 15 feet above the street. [OBJECTIVE] l) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot
clear pedestrian way between the outdoor dining and the streetscape planting area. [OBJECTIVE] m) The design of civic or institutional buildings shall not be subject to the specific
standards of this subsection which regulate building height, building placement, building use, parking, and signage but, instead, shall be subject so specific design standards that
address the perspective of these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA development Document and
approved by the BCC. [SUBJECTIVE] n) Buildings within the village center shall be made compatible through similar massing, volume, frontage, scale and architectural features. [SUBJECTIVE]
o) Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall include sidewalks on both sides of the street , parallel to the rightof-way , and
a 5 Ft. streetscape area between the back of curb and the sidewalk . streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings.
[OBJECTIVE] p) General parking criteria i) On- street parking spaces within the limits of the front property line, as projected into the right-of-way, shall count towards the required
number of parking spaces. [OBJECTIVE] ii) The majority of parking spaces shall be provided off- street in the rear of buildings, or along the side (secondary streets). Parking is prohibited
in front of buildings. [OBJECTIVE] iii) Parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape
Page 7 of 9 islands shall be 10 spaces. Landscape islands shall have a minimum of one canopy tree. [SUBJECTIVE AND OBJECTIVE] iv) Parking lots shall be accessed from alleys, service
lanes or secondary streets [OBJECTIVE]. q) The majority of parking spaces shall be provided off- street in the rear of buildings, or along the side (secondary streets), organized
into a series of small bays delineated by landscape islands of varied sized. [SUBJECTIVE] A maximum spacing between landscape islands shall be 10 spaces. [OBJECTIVE] Landscape islands
and tree diamonds shall have a minimum of one tree. [OBJECTIVE] Parking is prohibited in front of buildings, except within the right-of-way. [OBJECTIVE] Parking lots shall be accessed
from alleys , service lanes or secondary streets. [OBJECTIVE] Parking structures fronting on a primary street shall include ground floor retail. [OBJECTIVE] Parking structures fronting
on a secondary street shall have a minimum 10 Ft. wide, densely landscaped area at grade, including one tree per 250 square feet of landscaped area or twenty-five (25) lineal feet on-center.
[OBJECTIVE] The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. [SUBJECTIVE] Parking shall be determined
utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. [SUBJECTIVE] The analysis shall demonstrate the number of parking
spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require
the spaces at the same time. [SUBJECTIVE] r) Landscaping minimums within the village center shall be met by providing landscaping within parking lots as described, and by providing
a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width. In these areas, sidewalk protection such as root barriers, continuous three pits, and/or structural
soils shall be provided. Trees shall be planted forty (40) feet on-center. The street tree pattern may be interrupted by architectural elements such as arcades and columns. [OBJECTIVE]
s) Signage standards within the village center shall comply with those provided in the Town Center. [OBJECTIVE] iii. Neighborhood General. Design standards for the Neighborhood General
within a Village shall be the same as defined within a Town. [OBJECTIVE] iv. Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the
same as defined within a Town. [OBJECTIVE] v. Special District (optional). The Special District is intended to provide for uses and development standards not otherwise provided for
within the Context Zones. Uses Page 8 of 9 and development standards shall be defined in detail within the SRA development application for review by Collier County staff. [SUBJECTIVE]
4.08.07.J.6 6. Design Criteria Common to SRAs. a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved as open space and maintained
in a predominantly naturally vegetated state. [OBJECTIVE] b. A minimum of thirty-five (35) percent of the SRA land designated as Town or Village shall be kept in open space. [OBJECTIVE]
c. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the hydroperiods of adjacent FSA, HSA, WRA or Conservation Land and will not
adversely affect the water use rights of either adjacent developments or adjacent agricultural operations and will comply with the SFWMD Basis of Review. [SUBJECTIVE] Detention and
control elevations shall be established to protect natural areas and be consistent with surrounding land and project control elevations and water tables. [SUBJECTIVE] d. Where an SRA
adjoins an FSA, HSA, WRA or existing public or private conservation land delineated on the RLSA Overlay Map, best management and planning practices shall be applied to minimize adverse
impacts to such lands. Best management practices shall include the following: [SUBJECTIVE] i. The perimeter of each SRA shall be designed to provide a transition from higher density
and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character
of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/ open space placement may be used for this purpose. [SUBJECTIVE] ii. Open
space within or contiguous to an SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the
RLSA Overlay Map. open space contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes,
golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural
or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet
wide and shall preclude golf course fairways and other turf areas within the first 300 feet. [OBJECTIVE] Page 9 of 9 e. Where a WRA is incorporated into the stormwater system of an
SRA, the provisions of Section 4.08.04 A.4.b. apply. [OBJECTIVE] f. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into account to
allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. [SUBJECTIVE] OTHER PROVISIONS: Natural Resource Index Assessment.
4.08.07.D.3 [OBJECTIVE] Master Plan 4.08.07.G. [OBJECTIVE as to requirements in G. and OBJECTIVE AND SUBJECTIVE as to “SRA complies with all applicable GMP policies and the RLSA District”
Deviations [SUBJECTIVE] 4.08.07.H.2.l “the Development Document, including any amendments, may request deviations from the LDC. The Development Document application shall identify
all proposed deviations and include justification and any proposed alternatives. See LDC section 4.08.07 J.8 for the deviation requirements and criteria. “ SRA Public Facilities Impact
Assessment Report. 4.08.07.K [SUBJECTIVE] SRA Economic Assessment Report 4.08.07.L [SUBJECTIVE] Stewardship Credit Use and Reconciliation application [OBJECTIVE]
.pdf
SRACri~1.pdf
SRA Criteria-subjective v. objective-version 2 1-24-20.pdf
EnUs
FLUE pgs 129-136.pdf
.pdf
FLUEpg~1.pdf
FLUE pgs 129-136.pdf
EnUs