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Backup Documents 01/25/2007 S BOARD OF COUNTY COMMISSIONERS SPECIAL-EAR MEETING BACK-UP DOCUMENTS January 25, 2007 ..."... "'''''"",,- """~ .' -..,... \, ... :i~=_ AGENDA January 25, 2007 9:00 a.m. BCC/EAR-Based GMP Amendments Special Meeting 3rd Floor Boardroom W. Harmon Turner Building Jim Coletta, Chairman, District 5 Tom Henning, Commissioner, Vice-Chairman District 3 Donna Fiala, Commissioner, District 1 Frank Halas, District 2 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED Page 1 January 25, 2007 LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Pledge of Allegiance 2. Public Hearing to Review and Adopt Proposed Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, based upon the Evaluation and Appraisal Report (EAR) Adopted in 2004, and to transmit these Amendments to the Florida Department of Community Affairs. · Replace Traffic Congestion Area · Cap Density in the CHHA at DU/A · Conversion of Commercial Zoning · Eliminate Proximity to Mixed Use Activity Center or Interchange Activity Center · Eliminate Residential In-fill · Eliminate Roadway Access Motion to remove these items from consideration - 4/1 (Commissioner Halas opposed) A. Capital Improvement Element Ordinance 2007-07 Adopted w/changes 5/0 B. Transportation Element Ordinance 2007-08 Adopted 5/0 C. Sanitary Sewer Sub-element Ordinance 2007-09 Adopted 5/0 D. Potable Water Sub-element Ordinance 2007-10 Adopted 5/0 E. Drainage Sub-element Ordinance 2007-11 Adopted 5/0 F. Waste Sub-element Ordinance 2007-12 Adopted 5/0 Page 2 January 25,2007 G. Natural Groundwater Aquifer Recharge Sub-element Ordinance 2007-13 Adopted 5/0 H. Housing Element Ordinance 2007-14 Adopted w/changes 5/0 I. Recreation and Open Space Element Ordinance 2007-15 Adopted 5/0 J. Conservation and Coastal Management Element Ordinance 2007-16 Adopted w/changes 5/0 K. Intergovernmental Coordination Element Ordinance 2007-17 Adopted 5/0 L. Future Land Use Element (Map and Map Series) Ordinance 2007-18 Adopted w/changes 5/0 M. Golden Gate Area Master Plan and Future Plan (Map and Map Series) Ordinance 2007-19 Adopted 5/0 N. Immokalee Area Master Plan and Future Plan (Map and Map Series) Ordinance 2007-20 Adopted 5/0 O. Marco Island Master Plan and Future Plan (Map and Map Series) Ordinance 2007-21 Adopted 5/0 P. Economic Element Ordinance 2007-22 Adopted 5/0 Motion to approve ARADA Sheet based on discussion and changes during this meeting Approved w/changes 5/0 Draft letter for the Chairman to sign regarding Impact Fees not being paid until the State has a Certificate of Occupancy Approved w/changes by consensus 3. Adjourn Page 3 January 25,2007 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 4 January 25, 2007 EXECUTIVE SUMMARY Public Hearing to Review and Adopt Proposed Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, based upon the Evaluation and Appraisal Report (EAR) Adopted in 2004, and to Transmit These Amendments to the Florida Department of Community Affairs. OBJECTIVE: For the Board of County Commissioners to review and adopt the EAR-based amendments to the Collier County Growth Management Plan and approve their transmittal to the Florida Department of Community Affairs. CONSIDERATIONS: Backeround Chapter 163, Part II, Florida Statutes, also known as the Local Government Comprehensive Planning Act, requires all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this process, the local government must monitor changing conditions and must use this information to guide periodic amendments to the local comprehensive plan a/k/a growth management plan (GMP). The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two-phase process. It begins with the preparation, by the local government, of an Evaluation & Appraisal Report (EAR). The EAR evaluates the effective implementation of the various Elements of the local government comprehensive plan since the previous EAR- based amendment process. It assesses the successes and failures of the various Goals, Objectives, Policies, and programs included within the local comprehensive plan, and it provides recommendations for necessary changes. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. The recommendations contained in the EAR become the basis of proposed amendments to the local government comprehensive plan, the second phase in the amendment process. Collier County's first EAR was adopted by the Board of County Commissioners on July 16, 1996. The subsequent EAR-based amendments were adopted on October 18, 1997. The second EAR, which reviewed the performance of Collier County's Growth Management Plan (GMP) from October 1997 to July 1,2003, was adopted on July 27,2004. The Florida Department of Community Affairs (DCA), which has oversight for comprehensive plans, amendments, and EARs for all local governments, found the 2004 EAR sufficient on November 15, 2004. The amendments that are the subject of this hearing are limited in scope primarily to those recommended in the EAR; all Elements of the Plan are affected. Though not necessarily recommended by specific reference in the EAR, general updating and word-smithing ("housecleaning") amendments are allowed as part of this amendment process; these include updating ordinance numbers, referencing the new (2004) Unified Land Development Code, revising/correcting government agency names, word-smithing, reformatting, rearranging the order of Districts/Subdistricts, etc. Also, based upon an expressed preference by DCA, the Annual Update and Inventory Report (AUIR)-related amendments have been incorporated into these EAR-based amendments rather than as separate amendments in a separate cycle. (Both EAR-related and AUIR-related GMP amendments are exempt from the statutory limitation of two adoptions per year.) These AUIR-related amendments affect the Capital Improvement, Transportation, and Intergovernmental Coordination Elements, and the Sanitary Sewer Sub- Element. Some EAR recommendations are very specific and some are more general; some have been linked to subsequent County actions, e.g. the Affordable Housing Workshop and GAP Housing Workshop, both held in 2005. As such, though not specifically recommended in the EAR, the BCC direction to staff at those workshops has been incorporated in these amendments where appropriate. Transmittal hearings on these amendments were held on March 6, 8, 9, 16 and 30, 2006 (CCPC), and on April 18 and May 16, 2006 (BCC). The requirement to transmit GMP amendments is a simple majority whereas the requirement to adopt is supermajority (minimum of four affirmative votes). The BCC might recall that several votes pertaining to the Density Rating System in the Future Land Use Element were by a 3/2 margin, as noted below. Simple majority votes at Transmittal Hearing: · Replace "Traffic Congestion Area" density reduction of -1 DU/ A with Coastal High Hazard Area (CHHA) density reduction of -1 DU/A. · Cap density in the CHHA at 4 DU/ A. · Reduce "Conversion of Commercial Zoning" density bonus from + 16 DU/ A to +8 DU/ A for areas outside the CHHA (within the CHHA this bonus would effectively only be 1 DU/A due to the 4 DU/A cap in the CHHA), and require that these bonus units comply with the Affordable-workforce Housing Density Bonus provision in Section 2.06.00 of the Land Development Code. · Eliminate "Proximity to Mixed Use Activity Center or Interchange Activity Center" a/k1a Residential Density Bands density bonus of +3 DU/ A. · Eliminate "Residential In-fill" density bonus of +3 DU/ A. · Eliminate "Roadway Access" density bonus of + 1 DU/ A Florida Department of Community Affairs ORC Report/Staff Response: After review of Transmitted GMP amendments, the Florida Department of Community Affairs (DCA) renders an Objections, Recommendations and Comments (ORC) Report. Only Objections can form the basis of a non-compliance determination, unless the adopted amendments vary significantly from those transmitted. In their July 28,2006 ORC Report, for the GMP amendments transmitted to DCA subsequent to the BCC's May 16 hearing, DCA offers 26 Objections. In some instances, the same Objection is listed more than once; that is, different Elements may have received an Objection based upon the same issue, e.g. population methodology. The ORC Report - with staff responses and CCPC-recommended proposed Element revisions inserted therein - is included in this Executive Summary packet; that document is titled "7/28/06 ORC Report and Collier County Response". Following that document are various data and analyses as referenced in that document. NOTE: In the ORC 2 Response document, where an Element is proposed to be revised in response to an Objection, the Transmitted version of the affected text is modified using double underline/double strike through format. To see the "clean" version of the entire Element (single underline/strike through format depicting the Element as proposed for adoption), see the Element located behind the tab bearing that Element name. With the exception of the two non-ORC Report related amendments noted below, the focus of this hearing is on the County responses - and Element revisions, where appropriate - to the ORC Report. Therefore, for purposes of this hearing, this ORC Response document is the key document in the Executive Summary packet. The ORC Report contained no Objections pertaining to the following Elements/Sub-Elements (though a minor revision is proposed for the Solid Waste Sub-Element): Solid Waste Sub- Element and Natural Groundwater Aquifer Recharge Sub-Element of the Public Facilities Element; Intergovernmental Coordination Element; Golden Gate Area Master Plan Element; Immokalee Area Master Plan Element; Economic Element; and, Marco Island Master Plan Element. Element Chanees Not Related to ORC Report Generally, it is preferable not to propose Element revisions at the Adoption hearings that are not in response to the ORC Report so as not to create a potential new statutory compliance issue. However, such amendments are allowed, though should be carefully considered. The proposed Element changes that follow are not in response to the ORC Report. 1.CCME. InPolicy6.1.1(4)f., staff inadvertently failed to strikethrough the word "upland" in the version of the text that was Transmitted to DCA. A correlating change was correctly made in Policy 6.1.2( 4)f. Policy 6. 1. 1 (4)f.: All other lipltmd native habitats. 2. CCME. Transportation Services Division staff proposes to add subparagraph "f." under proposed Policy 6.1.1 (9); this pertains to off-site mitigation for the loss of native vegetation as result of right-of-way acquisition for road construction. Subparagraph "(9)" and the sentence following "f." are shown for context - the addition at issue is "f." Additionally, since the CCPC hearing, staff has proposed a further change to "f.", as noted below. Policy 6.1.1 (9): (9) Within one year of the effective date of these amendments. the County shall adopt land development regulations that allow for a orocess wherebv a orooertv owner mav submit a oetition reauestinQ: that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment. land donation that contains native veQ:etative communities eaual to or of a hiQ:her orioritv as described in Policv 6.1.1 (4) than the land beinQ: imoacted. or other appropriate method of compensation to an acceptable land acquisition program. as required by the land development regulations. The monetarv oavment shall be used to ourchase and manaQ:e native veQ:etative communities off-site. The land development regulations 3 shall provide criteria to determine when this alternative will be allowed. The criteria will be based upon the following provisions: *** *** *** *** *** *** *** *** *** *** *** CCPC version: f. RiQ:ht-of-wav acauisitions where there is no native veQ:etation on site which can be used to mitigate the loss and there is no land on site which could be restored to accommodate the loss of native veQ:etation. Staff version, post CCPC hearing: f. RiQ:ht-of-wav acauisitions for all oumoses necessarv for roadwav construction. The land development regulations shall include a methodology to establish the monetary value. land donation. or other appropriate method of compensation to ensure that native veQ:etative communities not oreserved on-site will be ore served and aoorooriatelv manaQ:ed off-site. Words underlined are added; words struck through are deleted - Transmittal. Words double underlined are added; words 8€lloll!llQ strlolBh tRr€llol!3R are deleted - Adoption. FISCAL IMPACT: There are fiscal impacts to Collier County as a result of some of these amendments to the Growth Management Plan. Some GMP amendments will require the establishment of implementing provisions in the Collier County Land Development Code (LDC). It is anticipated these LDC amendments will be drafted by staff. An additional staff member may be necessary to assist in the preparation of the large amount of LDC amendments needed to implement these EAR-based GMP amendments. Also, notably, the requirement to prepare watershed management plans will have significant fiscal impacts. However, this is not a new GMP requirement, rather a change in timing for their preparation. GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for amendments to the Collier County Growth Management Plan based upon the 2004 EAR. The Florida Department of Community Affairs (DCA) will have 45 days to review the adopted Plan amendments for compliance with Chapter 163, F.S. and Rule 9J-5 F.A.C., and to file a "Notice of Intent" to find the amendments "in compliance" or not "in compliance." If determined to be "in compliance", and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. LEGAL CONSIDERATIONS: If adopted by the Board of County Commissioners, the amendments would then be forwarded to the Department of Community Affairs and appropriate State Agencies for final review and determination of compliance with Florida Statutes. If found to be "in compliance" with Florida 4 Statutes, and not challenged within the allotted 21 day timeframe, the amendments would then become effective and made part of the Collier County Growth Management Plan. RECOMMENDATION: Environmental Advisory Committee (EAC): The EAC held Adoption hearings on select portions of these Growth Management Plan amendments (primarily, the Conservation and Coastal Management Element) on October 4 and November 11, 2006. The EAC endorsed their adoption, though not always unanimously. However, in some instances, the EAC's recommended version of the amendments was not endorsed by the CCPC; in particular, the Future Land Use designation of Section 24, Township 49 South, Range 26 East, in the North Belle Meade Overlay, as discussed further below. Collier County Plannine Commission (CCPC): The Collier County Planning Commission held their required Adoption public hearing on October 11, November 2 and 16, and December 15, 2006; and, January 4, 2007. The CCPC recommendations are reflected in the Ordinance Exhibits and in the ORC Response Document. Comprehensive Plannine Staff: Staff concurs with the CCPC recommendations with one exception, which is also one area where the CCPC did not endorse the EAC recommendation. This pertains to Section 24, Township 49 South, Range 26 East, in the North Belle Meade Overlay within the Rural Fringe Mixed Use District; it is designated Neutral Lands. That Overlay required the County to prepare a red- cockaded woodpecker (RCW) nesting and foraging habitat study for Section 24 and, if appropriate based upon that study, to re-designate the property from Neutral Lands. Based upon the study prepared by the County's consultant, and the EAC and CCPC recommendations, the BCC transmitted the GMP amendments with Section 24 changed to Sending Lands designation. The BCC also directed staff to contact owners of property in Section 24 to solicit authorization to enter each property to conduct on-site surveys. To the extent that permission was granted, staff did so. As a result of these on-site surveys, and additional review of aerial maps and development data, staff modified its recommendation for adoption; specifically, that some portions of Section 24 remain as Neutral Lands and the balance re-designated as Sending Lands. The EAC generally agreed with staff but recommended a smaller portion of Section 24 remain as Neutral Lands. The CCPC recommended no designation change, that all of Section 24 remain designated Neutral Lands. The CCPC expressed concern that ATV noise (there are ATV trails in Section 24) would not be conducive to RCW foraging and nesting; that the low number of RCWs actually observed in Section 24 did not warrant the re-designation; and, expressed belief that the existing Neutral Lands designation with existing 70% native vegetation retention requirement would accommodate reasonable development and provide adequate RCW habitat. (Please see maps and data depicting the staff-recommended boundary of Sending-Neutral, and map depicting the EAC-recommended Sending-Neutral boundary.) 5 Prepared by: David Weeks. AICP. Comprehensive Planning Manager Comprehensive Planning Department EX SUM Adoption EAR-based GMPAs G: Comp/EAR Amendment Modifications/CCPC Adoption Rec. to BCC dw/1-17 -07 6 7/28/06 ORC Report and Collier County Response OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT: 06-1ER [EAR-based] COLLIER COUNTY I. CONSISTENCY WITH RULE 9J-5, FLORIDA ADMINISTRATIVE CODE (F.A.C.), & CHAPTER 163, FLORIDA STATUTES (F.S.) Introduction: Collier County has submitted a package of amendments to implement the Evaluation and Appraisal Report (EAR). The amendment involves changes to all the elements of the County's comprehensive plan. No future land use map amendment is proposed. As noted below, the Department has objections relative to certain fundamental planning components, including the planning timeframe and population projections. Clarification of these issues may result in necessary revisions to data and analysis regarding infrastructure needs and necessary changes to the capital Improvement element. Subsequent to that the Department will then review for compliance with state requirements. It is important that these fundamental issues be resolved early on to ensure that any subsequent analysis is based on correct data. The Department has identified the following objections to the proposed changes. ~ Capital Improvement Element: Objection: 1. The EAR-based amendment does not establish a long-term (1 O-year or greater) planning period for the comprehensive plan. Under State law a local comprehensive plan must include at least two planning periods: one for at least the first five-year period subsequent to the plan's adoption and one for at least an overall ten-year period, the combination of which becomes the planning timeframe for the comprehensive plan. [Chapter l63.3177(5)(a), & (8) F.S. and Rule 9J-5.005(4), F.A.C.] Recommendation: Revise the amendment to establish the long-term planning timeframe for the County's comprehensive plan. COLLIER COUNTY RESPONSE: Certain references to <l5-year" planning periods and documents are revised to correctly reference the applicable planning timeframe for the Growth Management Plan, including Policy 3.2 and Policy 4.5 (re: Schedule of Capital Improvements title); and, Policy 1.2, Policy 2.1 and Policy 2.2 (re: Schedule of Capital Improvements title) in the Transportation Element. The Schedule of Capital Improvements title is revised, removing the five year reference. Special attention was given so revisions do not result with actual changes to the Concurrency Management System, nor imply them. Transportation Department staff comments, [w]e have submitted a ten year program (attached and labeled, Proposed Transportation 10-Year Work ProQram) for your consideration and have also included the 2030 long Range Transportation Plan (attached and labeled, 2030 LonQ RanQe Transportation Plan) - this is the Executive Summary but the entire document can be found on the MPO's website at https://www.commnicationmQr.com/proiects/Collier MPO Admin/docs/Adopted%202030%LRTP.pdf) that illustrates the roadway needs and cost feasible GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88l!lsle sWl!l@lt tkf8l!lgk are deleted - Adoption Text. - 1 - plans for the next twenty five years that the five year program is based on. The ten year program does not have enough revenue to match the cost estimates but also does not include grants and Developer Agreements that over the last few years we have been successful pursuing and obtaining to help pay for the needed roadway improvements. Text as proposed for Adoption: Policy 1.2: [Revised text, page 11] The County shall annually appropriate the funds ffi for the ensuing fiscal year that are necessary to accommodate those phases of transportation improvement projects listed in the first year of the F'i'/8 Year Schedule of Capital Improvements. Programming decisions afe shall be based on the ~ Concurrencv Manaaement Svstem, and shall be annually incorporated in the F'ive ~ Schedule of Capital Improvements. as contained in the Capital Improvement Element {CIEl of this Growth Manaoement Plan. Policy 1.3.2: [Renumbered and revised text, page 9] Within the coastal hioh hazard area, +!he calculated needs for public facilities. as represented in the ARRwal bJsEi!ate aREi!IR':eRtOI'V R8soR (/\bJIR aREi! tRB Fiv8 Year Schedule of Capital Improvements. will be based on the County's adopted level of service standards and proiections of future growth allowed by the projections within the oO::lstal high h::lzard ::lrea. The Future Land Use Element limits new residenti:J1 development (thus obligations for infrastructure expenditures) to a maximum of four d'Nolling units per gross ::lore within portions of the cO::lst::l1 high hazard ::lre::l. Policy tA.5: [Renumbered and revised text, page 10] Public facilities and services provided by Collier County with public funds in accordance with the 8 Y8ar Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundaries designated on Figure PW-1, "Collier County Water District Boundaries", and Figure PW-2, "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-1, "Collier County Sewer District Boundaries", and Figure SS-2, "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub-Element of the Public Facilities Element. Road improvements will be provided as designated on the Schedule of Capital Improvements appearing in tAe this Capital Improvement Element. All other public facilities and service types will be provided on a County-Wide availability basis. REQUIREMENTS FOR CAPITAL IMPROVEMENT 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 worn 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 month and year for actual commencement of construction and the month and year each project will be completed (in service) is are indicated. Each project in Category ."\ is consistent with the level of service standards as identified within this element and the appropriate individual element of this Growth Management Plan. GMP ELEMENT: Words underlined are added; words strode through are deleted - Transmitted Text. Words double underlined are added; words 88liBlil Btrliill( tRF8ligk are deleted - Adoption Text. - 2- Objection: 2. The EAR-based amendment is not supported by a projected population of the County for the next planning timeframe, based on a professionally acceptable methodology, and upon which the land and infrastructure needs of the County shall be based. Policy 1.2 establishes the formula that the County will use to calculate public facility demands. It is stated that the formula uses a "weighted" recalculation of the population projections made for the County by the University of Florida. However, the term "weighted" is not defined in the plan; instead, the definition is deferred to the land development regulations. Because these regulations could be changed without an amendment to the comprehensive plan, the formula used to predict the population of the county is unpredictable and unreliable. The County's approach is contrary to State law which requires that local governments use the mid range projections made by the University of Florida, or, use the high or low range projection if sufficient justifications are presented to support their use; or make their own projections based a professionally acceptable methodology approved by the State. The proposed population projection methodology described in this policy is not professionally acceptable. Also, the County varies the population figures used for calculating the need for the different public facilities. This is inconsistent with State law because the comprehensive plan must utilize a consistent population projection figure for the County through the planning timeframe. [Chapter 163.3177(2), (6)(a), (8), & (lO)(e), F.S. and Rule 9J-5.005(2)(a), (c), & (e), 9J-5.006(l)g., 9J- 5.016(l)(a), (2)(b), FAC] Recommendation: Include with the amendment a projected population of the County derived from a professionally acceptable methodology indicating the population figures upon which the land use and infrastructure needs of the County will be based during the next planning timeframe. The County should utilize the mid-range projections made by the University of Florida, and if that will not be used sufficient justification should be provided for using either the lower range or high range University of Florida projections. If the County chooses to utilize a population projection other than the one provided by the University, the methodology for the projection must be professionally acceptable and approved by the state land planning agency prior to its application. The formula for calculating the public facilities needs of the County stated in Policy 1.2 should be revised to be consistent with the population projections for the plan as a whole and must not defer certain other aspects to the land development regulations. COLLIER COUNTY RESPONSE: Policy 1.2.B, is revised to remove variable levels of service previously given for potable water and sanitary sewer facilities. All population projections are now calculated utilizing the same method for all capital/public facilities, and uniformly applied. Policv 4.8 of the Future Land Use Element incorporates these same chances. Also, Policy 1.2 entries are revised to make consistent the population figures used for calculating the need for different public facilities, including potable water and sanitary sewer facilities, applying a consistent population projection figure through the planning timeframe. Population calculations are explained below. Policy 4.8 of the Future Land Use Element incorporates these same changes by reference to this CIE policy. Permanent Population is the population projection figure based on Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8~Hl\;llil 8wliill( thrBligk are deleted - Adoption Text. - 3 - projections. The population projection figure is then converted from April 1 to October 1, which is the beginning of the fiscal year for Collier County. Seasonal Population is the BEBR population figure (described above) converted to its October 1 figure, increased by 20% for all areas of the County, to reflect the increase of seasonal part- time residents and visitors. Peak population projections were previously used for calculating the need for solid waste and potable water facilities. Peak population calculations will no longer be used. Seasonal population projections will be uniformly used, consistent with State law for calculating the need for regional parks, solid waste, potable water, sanitary sewer, and drainage facilities. Unincorporated Area Seasonal Population is the seasonal population figure (described above) for unincorporated Collier County only, adjusted to represent how seasonal residents utilize certain park facilities differently. Unincorporated Area Seasonal population projections are used solely for calculating the need for community park facilities. Cities located in the County provide their own community park facilities, and these facilities are characteristically utilized by seasonal residents to a measurable extent more than County facilities. Population Projections The CCPC met on December 7,2006 and provided recommendations to the BCC regarding Collier County's existing population methodology as set forth in the Collier County Growth Management Plan (GMP). As you recall, the Florida Department of Community Affairs (DCA) determined that Collier County's adopted population methodology was not a professionally acceptable population methodology and recommended that all affected policies in the GMP be modified to provide a professionally acceptable population methodology supported by data an analysis. The language provided by DCA was as follows: Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. The County shall utilize for planning purposes the BEBR's mid range population projection as adjusted to account for seasonal population. These projections may be adjusted annually to reflect new BEBR projections or more recent information regarding seasonal population rates. The Collier County Board of County Commissioners (BCC) met in regular session on December 12, 2006. The BCC considered the staff report, CCPC recommendations and DCA's recommended language. The direction from the BCC was that staff should provide the data and analysis regarding the proper Bureau of Economic and Business Research (BEBR) methodology (see attached methodology) and the appropriate seasonal population adjustment. Moreover, the BCC did not want DCA dictating the methodology or the seasonal adjustment if staff disagreed with the DCA recommended methodology. The forthcoming analysis and recommended seasonal adjustment is supported by data and analysis undertaken by Collier County's Comprehensive Planning Department. The initial starting point in the analysis was what BEBR methodology for permanent population was in line with current and projected county growth rates. An analysis of this year's building GMP ELEMENT: Words underlined are added; words struck throl:1gh are deleted - Transmitted Text. Words double underlined are added; words BeHsle BWHeh tltfBHgA are deleted - Adoption Text. - 4- permit and certificate of occupancy data reflect that the BEBR medium range numbers for permanent population were appropriate. The next step was a starting point for seasonal population as provided by the United States Census Bureau. The seasonal population rate for the year 2000 was 23.8 (see attached). As a point of emphasis this figure is based on housing units held for seasonal use and are not included in the 71.2 percent of the total housing units which have been used to generate the permanent population numbers for the year 2000 which BEBR then adjust annually based on its professionally accepted methodology which is their statutory mandate. At no time are any units double counted as the initial basis is set forth in the 2000 census which accounts for 100 percent of the total county units when adding together occupied units (102,973) and vacant housing units (41,563) which account for 100 percent of the total housing units (144,536) in Collier County during the 2000 census year. Please note that 34,337 of the 41,563 vacant units were held for seasonal use. The 34,337 seasonal units account for 23.8 percent of the total housing units in Collier County in 2000. It should be noted that the 23.8 percent seasonal units represents a countywide figure and could be skewed when analyzing the particular impacts on county wide public infrastructure. Moreover, some county public facilities serve the entire county population (e.g. solid waste and regional parks) where conversely some public infrastructure only serve certain segments of the county's populations, (water, sewer and community parks). The other flaw in the methodology is the 23.8 percent seasonal units are never occupied 100 percent of the time and this number would need to be discounted to accurately project peak season use of the county's public facilities. For the purpose of this analysis, it is assumed that peak occupancy of 85 percent will transpire as the BCC provided direction to be conservative to avoid any future public health, safety and welfare issues similar to what transpired with public utilities approximately 5 years ago. As a starting point, the 23.8 percent countywide seasonal was discounted by 15 percent to reflect the 85 percent assumed peak occupancy. Under that assumption, the highest occupancy rate during peak season would be 20.3 percent. Assuming this peak season without any substantiating data would be flawed without looking at geographic disparities which could occur when looking at a county with large geographic areas which also includes cities with high seasonal population rates. Therefore, an analysis was undertaken by removing the cities of Naples and Marco Island to determine the net effect on seasonal population. The net effect would be a reduction of the countywide seasonal population rate from 23.8 percent to 19.4 percent (see attached). This analysis is short sighted in some respects as regional parks and solid waste are public facilities which serve the cities of Naples and Marco Island. Assuming 85 percent peak occupancy, the 19.4 percent seasonal population rate would be adjusted to 16.49 percent. The next rational step was to analyze block data within the water and sewer districts (see the attached maps). The analysis is constrained in some respects as the water district and sewer district do not follow the boundaries of the U.S. Census block data. Regardless, staff was able to obtain a more than adequate sample of seasonal units in the water district and in the sewer district. The analysis of the water district was undertaken with the general premise of using block data for blocks that were 100 percent within the water district. There are 163,988 units in the water district and the block data for blocks totally within the water district contained 93,373 housing units which accounts for a 56.9 percent sample which is more than statistically sound (please refer to the attached spreadsheet block data). It would have been inappropriate and professionally unacceptable to interpolate data from other blocks which straddle the water GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8sli'ele gWlie\[ thPSligk are deleted - Adoption Text. - 5 - district boundary lines as it could adversely skew what is unquestionable data provided by the U.S. Census. The analysis of the water district's 56.9 percent sample indicates that 23.9 percent of the units are held for seasonal use. Assuming an 85 percent peak occupancy, the 23.9 percent seasonal population rate would be adjusted to 20.13 percent. The next rational step was to analyze block data within the sewer district. Staff was able to obtain a more than adequate sample of seasonal units in the sewer district. The analysis of the sewer water district was undertaken with the general premise of using block data for blocks that were 100 percent within the sewer district. There are 186,116 units in the sewer district and the block data for blocks totally within the sewer district contained 145,263 housing units which accounts for a 77.99 percent sample which is more than statistically sound (please refer to the attached spreadsheet block data). As was the case with the water district, it would have been inappropriate and professionally unacceptable to interpolate data from other blocks which straddle the sewer district boundary lines as it could adversely skew what is unquestionable data provided by the U.S. Census. The analysis of the sewer district's 77.99 percent sample indicates that 19.9 percent of the units are held for seasonal use. Assuming 85 percent peak occupancy, the 19.9 percent seasonal population rate would be adjusted to 16.92 percent It should be noted that the seasonal rates for the water and sewer districts should be dissimilar as they do not represent the same geographies. The sewer district seasonal population is similar to the county wide adjusted population when removing the cities of Naples and Marco Island. Conversely, the water district and countywide population numbers are similar. However, in the grand scheme of the analysis when using the proposed DCA methodology this percentage differential become less of an issue which will be discussed below. The other concern the BCC expressed was even though the existing population methodology was flawed that it appeared to be working. Quite frankly appearances can be deceiving as the continuation of this methodology into future years based on the slow down in growth trends would have resulted in providing public facilities at an accelerated rate beyond the needs of the county with obvious budgetary ramifications. Staff analyzed the BEBR medium and high population projections and have determined that the medium BEBR numbers accurately reflect the current and anticipated building permit and certificated of occupancy data. However, Collier County is fortunate as the DCA recommended language allows the county to revisit the population methodology on an annual basis wherein changes in growth as well as seasonal population can be analyzed to determine if the data warrants changes in the assumptions used in determining permanent population as well as seasonal population trends. The 2010 census will also provide for changes in the methodology. The next logical step in the analysis was to analyze seasonal population rates under the existing methodology when compared to the existing methodology and also if the seasonal rate remained unchanged at 33 percent as set forth in the GMP. It should be noted that DCA specifically requested that Collier County analyze its seasonal population rate. That analysis is set forth on the attached spreadsheets but can be easily visualized on the attached charts which graphically depict that the change in the methodology would be minimal given the above seasonal population rates provided by the U.S. Census, the adjusted seasonal rate discounting the cities of Naples and Marco Island, the water district and sewer district seasonal population rates. Staff was provided direction by the BCC to provide for the worst case scenario with regard to public utilities. Pursuant to that direction staff is recommending that the CCPC consider recommending to the BCC the use of the BEBR Medium Population projections with a seasonal GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88H8l8 SWHill( tRf81igR are deleted - Adoption Text. -6- population adjustment of 20 percent. Arguably a case can be made for a seasonal adjustment of 17, 18 or 19 percent. However, that recommendation would be contrary to the BCC direction and an analysis of the population projections under the 17 percent scenario when compared to the 20 percent scenario is de minimus. More importantly, use of the medium BEBR population projections in conjunction with a 20 percent seasonal adjustment factor is consistent with the existing population methodology. Included in this submittal is the original memorandum from which the above Response statements are taken explaining the new population methodology based on BEBR medium range projections and seasonal population rationale for Collier County (attached and labeled with the subject line, Population MethodoloQv), along with its supporting data and analysis materials. Transportation Department staff comments, [t]he short and long range transportation plans are developed using the population estimates that are adopted through the 2030 Long Range Transportation Plan (LRTP) and follows the mid range BEBR numbers projected by the University of Florida. This procedure has been used for years and the MPO is required to follow this process to get approval of the LRTP through FOOT and FHWA. Text as proposed for Adoption: Policy -1.1.2: [Renumbered and revised text, pages 3 - 4] 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 = (5 x D) - I. Where Q is the quantity of public facility needed, 5 is the standard for level of service, o 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 determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. B. The Board of County Commissioners will shall review all rezone petitions requests, 5RA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countyWide County Wide density or intensity of permissible development... with consideration of their impact on both the variable "0" in the formula Q = (5 x D) - I, and the overall rood'Nay County transportation system. The Board County Commission shall not approve any such petition or application rezone request, SRA designation, condition:J1 use petition, or FLUE omendment, th:Jt which significantly impacts either: (1) :J deficient rood\'"oy segment; or (2) the BEBR (Bure:Ju of Economic and Business Rese:Jrch ot the University of Florid:J) high mnge growth rate population projections through the five yeors of the onnuolly updated Copitallmprovement PI:Jn, on a=continuously rolling bosis, ond then 95% of the BEBR high r:Jnge growth rote there:Jfter, for the vari:Jble "0", unless one of the follo'/.'ing simult:Jneously occurs: (1) a deficient roadway seQment: or. (2) the '::eilllRte€l average seasonal population based upon the Bureau of Economic and Business Research at the University of Florida (BEBR) ~ medium ranQe Qrowth rate population proiections tRralsllllR tRe first five vears af tRe aAAlslallv lslp€late€l Capital GMP ELEMENT: Words underlined are added; words struck through are deleted Transmitted Text. Words double underlined are added; words tlslislil 8wtlill( tkFSligk are deleted - Adoption Text. - 7- l""srO\,8""8Rt PlaR. OR e 80RtiRloIowsl\' rolliR~ oesis, aRs tR8R 95% of tR8 IiI!:IiR Ri~R raR~8 ~fO\.JtR ret8 S81ilwlatioR tR8f8aft8r. for all public facilities 8)(88Iilt lilotaol8 wet8r eRs saRite!?/ S8wsr, for the variable "0". unless one of the three items listed below simultaneouslv occurs~-.:. ~. tR8 1il8el^( liloswlatioR oas8s WIilOR tR8 IiI!:IiR Ri~R reR~8 ~ro'IJtR fat8 liloswlatioR Iilroi88tioRs tRrow~R tR8 first t8R V8ers. OR a 80RtiRWOlolsl'/ rolliR~ oasis. eRs tR8R tR8 e'J8ra~8 of tR8 ""8siw"" aRs Ri~R reR~8 ~ro'.NtR ret8 lilolilwlatioR Iilfoi8GtioRs tl=l8r8aft8r. for liloteol8 'Net8r aRS saRite!'\' S8V:8r fe8iliti8s, for tR8 verieols "g", wRI8ss OR8 of tl=l8 tl=lf88 its''''s IiSt8S 0810w si""wlteR8owsl'/ OG8Wr8: {gl7 Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; {!;U7 The adopted population standard used for calculation of "Q" in the formula Q = (S x D) -I is amended based on appropriate data and analysis; {g}7 The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element. C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased countywide County Wide population greater than J.% 2% of the 'N8i~l=Itss population projections for parks, solid waste, Dotable water. sanitarv sewer. and drainage facilities, ~fget8r tRaR ~% J% of S8al< lilolilwletioR 8&tiFflat8s aRs IilrOi88tioRs as 8)(sleiR8s iR S8GtieR Ii eoe\'8 fer lileteol8 'Net8r eRs seRite!?/ S8V:8r feGiliti8&. or as generating a volume of traffic equal to or greater than J.% 2% of the 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 determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to alllimfts limitations and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8€llil3l@ swu@l. tkr€lligR are deleted - Adoption Text. - 8- b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section Band D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such 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. TREl terms. "wEliQRtEl8" 8R8 "sEl8k" IoIse8 \.:RElR referriRQ to sosIoI18tioR fiQloIfeS afEl e)(slaiREl8 iR tRe ARRIoIallJS8at8 aR8 IR':8Rtorv R8soR (AlJIR) Poculation definitions as used in this Cacitallmcrovement Element and other elements are El}(slaiR88 crovided below. Permanent Pooulation is the coculation croiection fieure based on Bureau of Economic and Business Research at the Universitv of Florida (BEBR) ~ medium ranee erowth rate coculation croiections tRfololaR tR8 fifSt fi'18 'J88fS of tR8 aRRloIall'J IoIS88tEl8 Casitallmsfov8m8Rt PlaR. OR a 80RtiR1oI01olsl'l folliRa oasis. aR8 tR8R 9i &er88Rt of tRe iiQR RiaR faRae afomR fat8 sO&loIlatioR sfoiEl€itioRS tR8r8aft8r. The s8rm8R8Rt coculation croiection fieure is then converted from Acril1 to October 1. which is the beeinnine of the fiscal vear for Collier Countv. Peak Seasonal Pooulation is the S8rm8RElRt BEBR coculation fieure (described above) converted to its October 1 fieure. increased bv ~ 20% for all areas of the Countv 8H88St Immol~8189. to reflect the increase of seasonal cart-time residents and visitors. OaSEl8 OR 2000 bJ. S. ilolr8alol of tRe CeRsloIs Q88Io1&aR8'11'.(a8aR8v 8at8. a880liR8 8818s 8ata. r8tail 89188 89t8. aR8 Rot81/mot81 088101saR8\' fates. 8R8 iR8f8a888 OV 1 i.009 S8fSOR8 for Immoh918e. to r8fl88t tR8 iR8f88s8 of aari81011tlolf8 f81ate8 S9R tim8 f88i88Rts. '."JeiGlhted ftlferaGle !'oDulatioA i8 67% of tR8 &8rmaR8Rt sosIoI18tioR fialolr8 f8El88ri088 aoov8), SI1oI8 Ai%. oftR8 s88h sosloIlatioR fialolf8 (8e88fi088 800V8) to fefl88t a fOlolr (~) mORtR 8101f8tioR 8easoRal iRfllol}( of S9R time r8si88RtS. Unincoroorated Area 'l!eiGlhted .~':eFaGl8 Seasonal Pooulation is 67% of the s8rmaR8Rt ~easonal coculation fieure (described above) for unincoroorated Collier Countv onlv. slloI& tl=18 JJq~ ~8al( sO&IoI19tioR fialolf8 (8888fi088 aOO\l8) COIolRtV'Ni88. adiusted to recresent how seasonal residents utilize certain cark facilities differentlv. [Future Land Use Element] Policy 4.8: [Revised text, page 16] Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For tR8 fiv8 Y8afs of the annually updated Capital Improvement Plan, on a continuously rolling basis, weiQRt88 population projections shall be calculated for all public facilities 8)(88St sot9018 '[Jater aR8 s9Rit9P1 88V:8r using BEBR's . medium range growth rate; tR8f8aft8F, pfej88tioR8 8Rall 88 8al81011at88 88888 IoIpOf.'l 9i% of tR8 GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8€lli818 strli81, tkrsligA are deleted - Adoption Text. -9- QIiQR RiSR raAS8 srowtR rat8. For potaol8 \i:at8r aA& saAitar\' S8V:8r faeiliti8s. tR8 P8al-t pOPloIlatioA sRall 08 &alilollat8&. OaS8& IoIPiA tR8 QIiQR Ri!ilR FaA!il8 !ilri'.vtl:l rat8 pOPloIlatioA PFoi88tioAs tRrOIol!ilR tR8 first t8A V8ars. OA a 8iAtiAIoIOlolSlv rolliA!iI oasis; tR8r8aft8r. PFOi8&tioA8 sRall 08 ealelollat8& OaS8& IoIPiA tR8 a':8ra!il8 of tR8 m8&ilolm aA& Ri!ilR FaA!il8 !ilfiwtR rat8 PiPIoIlati8A proi88tioA8. Pooulation definitions are orovided in Policv 1.2 of the Caoital Imorovement Element. Obiection: 3. The County proposes to establish a dual LOS standard for the Southeast and Northeast Sewer Service Areas of the County. For Southeast, the LOS will be 100 and 120 gallons per capita per day, while for the Northeast it would be 120 and 125 gallons per capita per day. This dual LOS system makes the LOS standard uncertain and it also makes the determination of the impact of developments on sewer systems difficult to establish. No data and analysis have been provided to support the establishment of a dual LOS standard for these service areas, nor has the plan identified the specific adopted LOS standard that will be used for sewer capacity impact analysis in these service areas. [Chapter 163.3177(6)(c), 163.3177(8), 163.3180(1)(a), F.S., and Rule 9J-5.005(3), 9J-5.055(1)(a), (2)(a) and 9J-5.011(2)(c)2., FAC.] Recommendation: Revise the policy to clarify the application of the dual level of service standards for sewer in the Southeast and Northwest Service Areas and provide data and analysis to justify the use of a dual LOS standard for these service areas. Also, establish the specific LOS standard that will be used for public facility analysis. Alternatively, establish a single LOS standard based upon appropriate data analysis. COLLIER COUNTY RESPONSE: Policy 1.5.E.1, is revised to remove dual levels of service, and to show a single LOS standard specifiC for each new Sewer Service Area, as follows: North = 145 gpcd (no change, consistent with 2005 Master Plan) South = 100 gpcd (back to pre-EAR, consistent with 2005 Master Plan) Southeast = 120 gpcd (consistent with 2005 Master Plan) Northeast = 120 gpcd (consistent with 2005 Master Plan) The East Central service area is deleted from this list, as it is now incorporated into the Northeast Service Area. In each case the LOSS for concurrency for final development order approval in each service area will be the single standard. Also, two new maps are proposed for the Sanitary Sewer Sub-Element, Figure SS-1.1 and Figure SS-2.1, which depict the new service areas. Two new maps are also proposed for the Potable Water Sub-Element, Figure PW-1.1 and Figure PW-2.1, which also depict service areas. These four new maps are properly referenced in the text of the corresponding Comprehensive Plan element or sub-element, and included herein. Text as proposed for Adoption: Policy -1-.4.5: [Renumbered and revised text, page 10] Public facilities and services provided by Collier County with public funds in accordance with the Iii Y8ar Schedule of Capital Improvements in this Capital Improvement Element will be limited to GMP ELEMENT: Words underlined are added; words struek through are deleted - Transmitted Text. Words double underlined are added; words 88\i818 stf.\i81( tR1'8\igh are deleted - Adoption Text. - 10- Service Areas established within the boundaries designated on Figure PW-1 and Ficure PW- 1.1, "Collier County Water District Boundaries", and Figure PW-2 and Ficure PW-2.1 , "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-1 and Ficure SS-1.1 , "Collier County Sewer District Boundaries", and Figure SS-2 and Ficure SS-2.1 , "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub-Element of the Public Facilities Element. Road improvements will be provided as designated in the Schedule of Capital Improvements appearing in tRe this Capital Improvement Element. All other public facilities and service types will be provided on a County-Wide availability basis. Ai E. County Sanitary Sewer Systems: [Revised text, page 6] Afr.1. County systems: ~J8RR ie'.ver Ser:vi8e I\res - 1 ~8 gsll8R8 filer 8sfilits filer 9SY S81s1tR Se\.\'er iewi8e Ares - 1 99 ~ gsIIGA8 filer 8sfilits filer 9SY SGlsltRes8t Sewer SePli8e P.res - 199 SA9129 aSIIGA8 per 8spits per 9SV ~JGFtRes8t Se\."Jer SeP\'i8e Ares 129 SA9148 asIIGA8 per 8spits per 9SV is&t CeAtrsl Sewer SePli8e Ares - 129 asIIGA8 per f5spits per 9SV North Sewer Service Area = 145 callons oer caoita oer dav South Sewer Service Area = 100 callons oer caoita oer dav Southeast Sewer Service Area = 120 callons oer caoita oer dav Northeast Sewer Service Area = 120 callons oer caoita oer dav is&t CeAtrsl Se\'Jer Sep.li8e Ares - 129 €Is118A& 6er f586its 6er 9&1'/ Objection: 4. The EAR-based amendment does not include an update of the Capital Improvement Element identifying the capital projects derived from other elements of the comprehensive plan based on the projected population of the County, the projected land needs and the projected infrastructure demands during the planning timeframe as well as the planning strategies to address the demands of growth, the identified deficiencies, and improvement priorities and timing. On July 21, 2006, the County submitted the Five-Year Schedule of Capital Improvements it intends to adopt. The late submittal of this document did not provide adequate time for the Department to conduct a full review; however, it appears that the County has not provided adequate information to demonstrate that the improvements shown on that schedule correspond to the prioritized deficiencies and projected public facilities demands generated by the land plan. It is also not clear whether deficiencies exist which are not included in the Five-Year Capital Improvements Schedule, and if other deficiencies will be included in a long-term concurrency management program or addressed through long-term strategies. The Schedule does not properly describe the location of the projects in a manner that will enable their identification and does not specify the sources of funding for each listed project. In addition, the projection of revenues and expenditures during the planning period for all the sources of revenues that the County intends to use to fund capital projects is not provided, without which it is difficult to assess the financial feasibility of the schedule of capital improvements. Exhibit A shows the costs and revenues by type of public facility; however, the table shows the lump sum from each source and not a yearly projection of the revenues from each of these sources for the five years of the schedule. It is not clear, also, from the schedule the particular projects that will be funded with money from a particular source in the group of sources listed for that facility type. Since the source of money for each project is not identified in the schedule it is not possible to determine if the County is using money from committed sources of revenues during the first three years of the schedule, and committed or planned sources during years 4 and 5 as required by state law. GMP ELEMENT: Words underlined are added; words stnwk through are deleted - Transmitted Text. Words double underlined are added; words 88MolB SWMBh tRF8Mgft are deleted - Adoption Text. - 11 - [Chapter 163.3164(32), 163.3177(2) & (3)(a), 163.3177(6)(a), (c), (8), & (10)(e), F.S., and 9J- 5.005(2)(a), (c), & (e), 9J-5.055(2)(a), 9J-5.006(2)(a), 9J-5.011(1)(b), (f) & (2)(b) & (c) and 9J- 5.016(4)(a), FAC] Recommendation: Analyze the public facilities needs of the County during the planning timeframe, based on the projected population of the County, and the anticipated development/land plan for the planning timeframe. Based on the analysis, identify deficiencies and establish the County's improvement priorities for those deficiencies. Using the established priorities adopt a financially feasible schedule of capital improvements to correct the deficiencies prioritized by the County for funding in the first five years. For deficiencies that are identified through the analysis, but are not addressed in the schedule, the County should adopt a long term system or identify planning strategies that will address these deficiencies. The County must demonstrate for the first three years that the funding is coming from committed sources, while for the 4th and 5th years it may come from committed and/or planned sources. The location of each project on the schedule should be properly described to enable their identification; for example, in the case of roads, the exact segment of the roadway should be described. Also, the sources of funds for each listed item must be identified. The revenues projection for each of the listed sources for the five years of the schedule, as well as the projected expenditures during this period should be provided in order to enable an assessment of the financial feasibility of the schedule. The County should demonstrate from the projection of revenues and expenditures that sufficient money is available to fund each project. COLLIER COUNTY RESPONSE: Transportation Department staff comments, [a]ttached is a projection of our deficiencies over the next ten years taking into account the roadway projects that are planned to resolve most of those deficiencies (attached and labeled, County Roadwav Proiects through 2016). Not all of the roadway segments that are projected to fail include a construction phase to resolve the deficiency (three of those roadways are state road segments) but listed below we have included a write up on what we are doing to try and resolve the projected problem areas. For programming purposes we cannot guarantee that the resolutions will come to fruition but listed below is the current status of each of the existing or projected failing segments: . Davis Boulevard (SR 84) from Santa Barbara Boulevard to Collier Boulevard was previously programmed in FDOT's five year work program to widen the existing two lane road to six lanes. Due to substantial increases in project costs throughout the State, thirty million of the fifty million programmed was removed from the five year work program, resulting in the project not being programmed to be widened for many years to come (Collier's share of federal and state funds is currently in the six million dollar range per year). We are currently working with the FDOT to fund the project (or at least part of it) through a payback outside of the work program. The details of the proposed agreement include the County raising 20 million through advance payment of impact fees (through Developer Contribution Agreements) that would be paid back to the County out of the MPO's yearly share starting in 2012. We are also working with FDOT and the design consultant to identify ways to reduce the project cost including getting right-of- way donations for the widening and pond sites. This roadway is also in the TCMA but is needed to allow the TCMA to continue operate at an acceptable LOS (85% or greater of the lane miles operating at an acceptable LOS). . US 41 from SR/CR 951 to Greenway Road, with vested units, is operating at an unacceptable LOS and is currently being studied to be widened from two to six lanes. The FDOT is currently proceeding forward with a PD&E study with the first public meeting planned for later this fall. The design of this widening is also included in FDOT's five year work program. GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words €IIHtBI@ stnl@l, tkf8ltgk are deleted - Adoption Text. - 12- A group of developers have expressed an interest in entering into a Developers Contribution Agreement to widen a portion of US 41. This proposed agreement has not been finalized yet due to a large number of the units that would be vested by the agreement are from a project that is not in the US 41 corridor. The actual operating condition of the roadway is not failing but there is a huge amount of vested development that is slowly building out that requires this roadway to be widened. · County Barn Road from Rattlesnake Hammock to Davis Boulevard is currently failing but is programmed in the five year work program. This is currently a two lane roadway that will be widened to four lanes. · Collier Boulevard from Golden Gate Boulevard to Immokalee Road is currently failing but will be under construction within the next two months (bid has been approved and contract is being finalized). This is currently a two lane roadway that is being widened to a six lane roadway. · Collier Boulevard from Pine Ridge Road to Golden Gate Boulevard is programmed to be widened in the five year work program and is currently at the 30% design phase. This project will widen this roadway segment from four to six lanes and the roadway is currently operating below the adopted LOS standard. · Collier Boulevard from the Golden Gate Canal to Pine Ridge Road is projected to be widened in the five to ten year time frame and this section will be widened from four to six lanes. This roadway segment is broken into two links on the concurrency system and is operating below the LOS standard from Golden Gate Parkway to Pine Ridge Road (falling below the LOS standard this year) and is projected to fall below the LOS standard in the south section between the Canal and Golden Gate Parkway within a few years. This roadway section is within the TCMA but is needed for the TCMA to keep operating at an acceptable level. · Collier Boulevard from north of US 41 to the Golden Gate Canal is currently operating below the adopted LOS standard but is also programmed to be widened from four to six lanes in the five year work program. This design of this project is currently being finalized and right-of- way acquisition is programmed for the next year. · Immokalee Road from US 41 to 1-75 is currently under construction widening from four to six lanes. · Immokalee Road from Collier Boulevard to 43rd Avenue is currently under construction widening this roadway segment from two to six lanes. · Immokalee Road from 1-75 to Collier Boulevard is currently operating below LOS standard but a design build project is underway with actual construction beginning in the next few months. This project will widen this roadway section from four to six lanes. In addition to the widening project, the County has entered into an agreement with the FOOT to fund and eastbound Immokalee Road to northbound 1-75 loop as well as six laning under 1-75 to improve traffic conditions in this corridor. · Radio Road from Santa Barbara Boulevard to Davis Boulevard is currently operating below the adopted LOS standard but is programmed to be widened to four lanes as part of the Santa Barbara six laning project. GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88ti81il Btrtiill. thrBtigk are deleted - Adoption Text. - 13 - · Santa Barbara from Davis Boulevard to Golden Gate Parkway is programmed in the five year work program to be widened from four to six lanes. One segment (Radio to Golden Gate Parkway) is operating below the adopted LOS and the other is projected to operate below the adopted LOS if it isn't widened in the next five years. · Golden Gate Boulevard from Wilson Boulevard to Everglades Boulevard is currently operating below the adopted LOS standard but is programmed to be widened in the five year work program. This project is currently under design and will widen this roadway from two to four lanes. · Wilson Boulevard from Golden Gate Boulevard to Immokalee Road is projected to fall below the LOS standard between the five and ten year period but is projected to be widened in that same period. This project is funded for design and right of way in the five year work program and will widen this roadway segment from two to four lanes. · Davis Boulevard from Airport Pulling Road to Santa Barbara Boulevard is projected to fall below the adopted LOS standard within the next few years but is programmed for design in the State's five year work program. The road will be widened to the median so there is no right- of-way phase except for at the intersection of Airport and Davis Boulevard. · Pine Ridge Road from Airport to 1-75 could fall below the adopted LOS this year but will be quickly resolved when the new 1-75/Golden Gate Parkway Interchange opens early next year. The Golden Gate Parkway corridor has recently been widened from four to six lanes from Santa Barbara to Livingston and is currently under construction from Livingston over to Airport including a grade separated overpass at Airport and Golden Gate Parkway in anticipation of the increased traffic moving over from Pine Ridge Road. In addition, the County has added Split Cycle and Offset Optimization Technique (SCOOT), an intelligent coordinated traffic signal system that has improved operations throughout the corridor. · Golden Gate Parkway from Santa Barbara Boulevard to Collier Boulevard is projected to fall below the adopted LOS standard within the next year but is considered a policy constrained facility. This roadway is within the TCMA and is currently being considered for SCOOT to try and improve traffic operations through Golden Gate City. · Collier Boulevard (SR 951) south of US 41 is currently being widened for a short distance from four to six lanes by Developer Contribution Agreement but is still projected to fall below the adopted LOS standard within the next five years. The US 41 Project Development and Environment study from SR 951 to the east also includes an analysis of at-grade and overpass/flyover needs that will greatly improve this segment (design is also programmed but right-of-way and construction is not). · US 41 from Airport Road to Rattlesnake Hammock Road is projected to fall below the adopted LOS standard within the ten year time frame but is covered by the TCEA. In addition to the numerous TCEA requirements that have been implemented over the last three years, the County is also building a new parallel route (Santa Barbara Extension from Davis Boulevard to Rattlesnake Hammock Road) along with CR 951 improvements that should help the current operations of this roadway segment. A map is included to better inform you of where these projects are located and what the limits of the projects are (attached and labeled, Anticipated Construction Based on Production FY 2006- 2011). We have included the revenues that make up each of the short term projects but our main sources of revenues are impact fees (have collected in excess of $48 million each of the GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words €hn1818 stfll81. tlmnlgk are deleted - Adoption Text. -14 - last three years and the average rate was increased 40% in June), gas taxes (steady $20 million a year with 2.9% increase per year) and ad valorem (set at $24 million a year towards transportation). Our current large program is also due to two bond issuances totaling $192 million. The ten year program (attached and labeled, Proposed Transportation 10- Year Work Proqram) has the breakdown of the revenues per year at the bottom of the spreadsheet. Obiection: 5. Existing Transportation Element Policy 5.8 allows the use of proportion share payments for a constrained roadway link and/or a deficient roadway link only within a TCMA. However, pursuant to Senate Bill 360, F.S., the use of proportionate share contribution is not limited to only projects located within a TCMA. [Chapter 163.3180(16), F.S.] Recommendation: Revise the amendment to include guidelines for the use of proportionate share consistent with Senate Bill 360. Please note that the implementing concurrency land development regulations for proportionate share need to be adopted by December 2006. COLLIER COUNTY RESPONSE: Transportation Element Policy 5.8, is revised throughout to replace the term "proportionate share" with the term "congestion mitigation", with the following explanation: Transportation Department staff comments, [t]he TCMA proportionate share was set up about four years ago to help get improvements beyond the requirements that the Developer can choose to implement. These include transit and transportation system management roadway improvements on roadways within the TCMA up to a capped level of 15% over impact fees (like SCOOT that was described on the Pine Ridge Road corridor in the last section). The thought behind the proportionate share was that we could be allowing a development to go forward on a failing road with the development meeting certain TDM requirements but ignoring other improvements that could be made. This resulted in the proportionate share requirements that were implemented over two years ago. But as you note this may be confused with the proportionate share ordinance that came out of legislation and we suggest changing our proportionate share reference to the TCMA to a Congestion Management Fee. This language change is included in the Transportation Element and is included in this submittal. In addition, we have added language in the CIE Policy 5.3.G to address the adopted proportionate share ordinance. We will also be making enabling changes to the Land Development Code after the Board approved the final version of the Proportionate Share ordinance on November 17, 2006. Text as proposed for Adoption: CIE Policy 5.43: [Renumbered, revised text, page 12] ~ A orooortionate share aareement has been aooroved consistent with the adooted ordinance. Policy 5.98: [Renumbered, revised text, page 14.3] Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA by more than a de minimis amount GMP ELEMENT: Words underlined are added; words struek through are deleted - Transmitted Text. Words double underlined are added; words 88li\ll8 Btl'li8k thf8ligk are deleted - Adoption Text. - 15 - (more than 1 % of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.8Z of this Element, a ~r8~8Fti8Rsta BRsra conaestion mitiaation payment shall be required as follows: a. Pr8~8Fti8Rsta BRsra Conaestion mitiaation payments shall be calculated using the formula established in Rule 9J-2.045(2)(h), Florida Administrative Code. The facility cost for a constrained roadway link shall be established using a typical lane mile cost as determined by the Collier County Transportation AdministratorJ. of adding lanes to a similar area/facility type as the constrained facility. b. Pr8~8Fti8Rsts BRsra Conaestion mitiaation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non-automotive transportation alternativesJ. which adds trip capacity within the impact fee district or adjoining impact fee district. c. Pr8~8rti8Rsta BRsra Conaestion mitiaation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and €Ie shall not influence the concurrency determination process. d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a ~r8~8Fti8Rsta BRsrs conaestion mitiaation payment provided the remaining LOS requirements of the TCMA are maintained. ~ Transportation Element: Obiection: 1. The update to the Transportation Element does not identify the projected roadways that will be needed to meet the demands of growth during the next planning timeframe based on the land plan for the County, nor, does it identify the roadways on which deficiencies currently exist or are anticipated to occur during the 1 O-year planning timeframe (short-term of 5 years and long-term of at least 10 years) [Chapter 163.3177(2), (6)(b), F.S., 9J-5.016(1)(a), & (4)(a), 9J-5.019(3)(a), (b), (c), (t), (g), (h) & (i), & (4)(b), and 9J-5.016(1)(a), (4)(a), FAC] Recommendation: Include with the plan update all the information listed above. The projected needs shall be consistent with the planning timeframe of the plan upon which the land use map is based (see earlier objection in the CIE section) covering a period of at least the first five years subsequent to the adoption of these amendments, and extend for at least an overall 10-year period or greater. COLLIER COUNTY RESPONSE: Transportation Department staff comments, [i]ncluded in this submittal are projections of the five year and ten year LOS analysis which is done each year (attached and labeled, County Roadwav Proiects throuoh 2016). Also included in this submittal is the Long Range Transportation Plan (attached and labeled, 2030 Lono Ranoe Transportation Plan) that includes the planned roadways over the next twenty years through a 2030 time frame that identifies all the Needs (i.e. what is projected to be over capacity) and the needed improvements to meet the short term and long term Level of Service. The costs of these facilities are compared to the known revenue sources to get a Cost Feasible Plan that the five and ten year plan is consistent with. GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8swllls BWlisl( tllrsligh are deleted - Adoption Text. - 16- The Transportation Element currently includes, Map TR-1, Collier County 2025 LonQ RanQe Financially Feasible Plan and Map TR-2, Collier County 2025 LonQ RanQe Needs Plan. These maps are consistent with the long-term planning timeframe of the Future Land Use Map. Obiection: 2. The EAR-based amendment is not accompanied by a Future Transportation Map showing the roadways intended to serve the demands of growth during the identified planning timeframe consistent with the long-term horizon of the Future Land Use Map for the County. [Chapter 163.(2), Rule 9J-5.016(1)(a) & (4)(a), 9J-5.019(5)(a) & (b), FAC] Recommendation: Revise the amendment to include a Future Transportation Map identifying all the roadways either in place or planned to serve the demands of growth during the identified planning timeframe. The timeframe set for the Transportation Map must be consistent with the long-term planning timeframe of the Future Land Use Map, and should include all the major roadways in existence or planned to be constructed during that planning timeframe. COLLIER COUNTY RESPONSE: Transportation Department staff comments, [a]s mentioned above, the 2030 Long Range Transportation Plan (attached and labeled, 2030 LonQ-RanQe Transportation Plan) is included that answers part of your question but we have also included a look at our build-out analysis that is currently not an adopted plan (currently working on public involvement activities and land use scenarios to get a sustainable plan) but we are working towards that goal. This is focused on the lands east of CR 951 (attached and labeled, LonQ-Term Build-out Analysis) which is where most of our future growth will occur. We are currently working on an iterative process to work out the network beyond 2030 that will meet the build out needs of our community. The Transportation Element currently includes, Map TR-2, Collier County 2025 LonQ RanQe Needs Plan. This map is consistent with the long-term planning timeframe of the Future Land Use Map. Text as luepesliuit fer AtiteptieA: Obiection: 3. Pursuant to Chapter 163.3180 (5)(g), F.S., Transportation Concurrency Exception Area (TCEA) in existence prior to July I, 2005, must be updated by July I, 2006 or at the time of the EAR-based amendments to meet the new requirements. The EAR-based amendment does not address new requirements such as consultation with FOOT on impacts of the TCEA on the SIS facilities and addressing mobility strategies other than TOM strategies, funding of the strategies, urban design, density/intensity of land uses, mix of land uses and the evaluation criteria for the next EAR. Similarly, the amendment does not update the Transportation Concurrency Management Areas (TCMA) after consultation with the FOOT to determine impacts to the SIS facilities. Additionally, TCMAs must be evaluated periodically, at a minimum, during the EAR process; and during this EAR-based amendment process, to include criteria to be used for evaluating TCMAs during the next EAR. [Chapter 163.3180(5)(g), F.S.] Recommendation: The County should conduct, as part of the EAR-based amendment, an evaluation of its existing TCEA and TCMAs for consistency with s. 163.3180(5)(g), F.S. The County should then include appropriate revisions in the amendment to ensure the consistency of the TCEA and TCMAs with the new statutory requirements. Collier County has agreed to become part of our study regarding GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88\i81il stfwillc tkf8\igfl are deleted - Adoption Text. - 17- establishing guidelines for the creation and evaluation ofTCEAs. This study will make recommendations to update the Collier County TCEA for consistency with the new statutes. This study is scheduled for completion by September 2006 and should be used to assist in the update ofTCEAs. Please coordinate the update with the FDOT. COLLIER COUNTY RESPONSE: This joint study for establishing guidelines for the creation and evaluation of TCEAs is not completed. Collier County and DCA are continuing their collaboration to complete this study and update TCEAs consistent with new statutory requirements. Transportation Department staff comments, [a]s was mentioned for the TCMA's in the CIE responses, we also do the same type of improvements, turn lanes, transit, bicycle/pedestrian facilities and have developers help provide those to mitigate for their trips. Along with those items the County is also working with the Bayshore/Gateway area to facilitate urban design and mixed use development concepts through an ongoing corridor study and review of projects. Within the northwest TCMA the County worked with the Developer (along with TCMA requirements for intersection improvements and transit improvements) to facilitate a mixed use development and urban design to reduce transportation impacts. In addition, we have coordinated with FDOT on the TCEA and TCMA's and need to note that the only Strategic Intermodal System (SIS) facility in Collier County is 1-75 with SR 29 and SR 82 being emerging SIS facilities (a map is included that shows these facilities - added to TE Map TR-8). The end result of the impact of the development in the TCEA and the two TCMA's on an SIS facility is that it only affects 1-75 and the County has never analyzed concurrency conditions on 1-75 and has not restricted development based on the operation of 1-75. That being said, the County along with Lee County are working together on what needs to be done on 1-75 to meet the existing and future demands. The FDOT has programmed the widening 1-75 from four to six lanes in their five~ work program planning to start next year but the two Counties have established an Expressway Authority and are looking at ways to get additional lanes beyond the six lanes. The six laning is only projected to operate at an acceptable LOS for a period of less than five years and we realize that 1-75 is vital to our transportation network for the economic well being of the area. In addition, we are widening parallel roadways to 1-75 to help the north-south operations (along with coordinated projects with Lee County like Livingston Road and Logan Boulevard) as well as improvement projects to Interchange Roadways and planned overpasses (like Green Boulevard overpass that has an approved study so that we could protect the corridor for a future overpass and provide relief to the existing interchanges on 1-75 and a study to start this year looking at an overpass of 1-75 just to the east of CR 951 for future relief of this interchange) to help the operation of 1-75. We are also pursuing a new interchange at 1-75 and Everglades Boulevard (the Board has funded and Interchange Justification Report) to help the existing operations at the Immokalee and Pine Ridge Road interchanges. Many of these improvements can be viewed in the Long Range Transportation Plan (attached and labeled, 2030 Lono-Ranoe Transportation Plan Executive Summary). We look forward to receiving the comments on the TCEA study that you are currently undertaking through your consultant and will incorporate recommendations after coordination with FDOT when we receive them. Obiection: GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8€lHolil BWHelc tkr8Hgk are deleted - Adoption Text. - 18- 4. The associated policies for Objective 1, pertaining to the maintenance of transportation LOS standards do not include a policy adopting the FOOT LOS standards (Rule 14-94) for SIS and TRIP facilities. The County's plan currently, includes no mention of the SIS or TRIP facilities and no map of the Collier County SIS and TRIP facilities has been included in the Transportation Element. [Chapter 163.3 180(7), F. S.] Recommendation: Revise the plan to include a policy addressing FOOT LOS standards, and SIS as well as TRIP facilities. Also include a map of these facilities and the map should not be limited to roadways only, but, include rails and airport hubs. COLLIER COUNTY RESPONSE: Policy 1.3 is revised to add a statement addressing FOOT LOS standards where the County has entered into a TRIP (a national transportation research group) agreement. A similar statement regarding FOOT LOS standards is added to CIE Policy 1.5.A.2. Transportation Oepartment staff comments, [w]e have adopted FOOT's Level of Service on the SIS and as we get approved TRIP grants (the Board just approved one for Collier Boulevard between Golden Gate Boulevard and Immokalee Road and we have five applications in at the moment for the next round of funding) and will adopt the FOOT's LOS for those facilities. SIS facilities (added to TE as Map TR-8) and TRIP eligible facilities (added to TE as Map TR-9) are regionally mapped with Lee County. We have included language in the Capital Improvement Element and Transportation Element to adopt the TRIP LOS's as we hope to continue to get these grants and approve the required agreements. Two new maps are proposed for the Transportation Element, Map TR-8 and Map TR-9, the SIS Facilities and the Regional Transportation Network, which depicts TRIP eligible facilities. These new maps are properly referenced in the Element text. Text as proposed for Adoption: Policy 1.3: [Revised text, page 11] County arterial and collector roads as well as State highways not on the Florida Intrastate Highway System (FIHS) shall be maintained at Level of Service "0" or better as addressed in paragraph G 1 the Implementation Strateav of the Transportation Element except for the roadwavs listed below that have been widened to six (6) lanes and cannot be widened anv further. The Countv will also adoDt FOOT's LOS on roadwav seaments where the Countv has entered into a TRIP (a national transDortation research arouD) aareement for fundina.~ IRlE eliaible facilities and SIS facilities are identified on MaD TR-8 and MaD TR-9. LIST OF TABLES/MAPS/FIGURES [Revised text, page ii] MAP TR-1 Financially Feasible Plan and Traffic Circulation Map- Year 2025. 20 TR-2 Total Transportation Needs Plan - Year 2025. 21 TR-3 Collier 2003 Functional Classification 22 GMP ELEMENT: Words underlined are added; words struck throtlgh are deleted - Transmitted Text. Words double underlined are added; words Q8ublB stntBIL thrsltgk are deleted - Adoption Text. - 19- TR 3A Collier 2025 Functional Classification 22.1 TR-4 Concurrency Exception Area (TCEA) 23 TR-5 Northwest Transportation Concurrency Management Area (TCMA) 24 TR-6 East Central Transportation Concurrency Management Area (TCMA) 25 TR-7 Collier County Hurricane Evacuation Routes 26 TR-8 SIS Facilities 26.1 TR-9 Reaional Transportation Network 26.2 Comment: It appears from the map of the Transportation Exception Area (TCEA) included in the amendment that the boundary of the TCEA is proposed to be reduced. This may be appropriate since TCEAs are supposed to be compact. However, no explanation is provided for the reduction. Provide an explanation for the reduction and how the TCEA can still meet its purpose within a reduced area. COLLIER COUNTY RESPONSE: The TCEA was previously reduced on the map consistent with the City boundary that runs along the parcel that is shown in orange on the map. This,!,1 O-acre parcel lying at the southeast corner of US41/Sandpiper Street was annexed into the City of Naples. These EAR-based amendments are the first GMP amendments since that annexation occurred. This map revision (see Map TR-4) is identical to the update made to the FLUM. A revised map was included as part of Transmittal for the South US41 TCEA, Map TR-4, which depicts this TCEA boundary accurately. Sanitary Sewer Sub-Element: Obiection: 1. The planning update for this sub-element is not supported by a projection of the sanitary sewer needs of the County based on the projected population and the land needs for the next planning timeframe. The analysis should identifY any existing and projected deficiencies during the planning timeframe. Appropriate improvements should be included in the CIE to achieve and maintain the adopted LOS standards. Recommendation: Demonstrate, through appropriate data and analysis, a projection of sanitary sewer needs to support the County's projected population through the planning timeframe. The projections should address the short-term (five-years) and the long-term (lO-year or greater) planning periods. The analysis should identifY any existing and projected deficiencies during the planning timeframe. [Chapter 163.3177(6)(c); 9J-5.011(e), (t), & (2)(c), FAC] COLLIER COUNTY RESPONSE: Please see response to CIE Objections #1 and 2, and FLUE Objection #3. Also, Please see Section 5, "Population and Flow Projections" from the 2005 Wastewater Master Plan Update, attached. GMP ELEMENT: Words underlined are added; words struek threugh are deleted - Transmitted Text. Words double underlined are added; words illnl81il stfllillc tJn:8ygk are deleted - Adoption Text. - 20- Two new maps are proposed for the Sanitary Sewer Sub-Element, Figure SS-1.1 and Figure SS-2.1, which depict the new service areas and boundaries. These new maps are properly referenced in the sub-element text. Revised Policy 2.1 to delete dual level of service standards, and to delete the East Central Sewer Service Area as it is now part of the Northeast service area. Made corresponding changes to new Figures SS-1.1 and SS-2.1 to delete the East Central Sewer Service Area and re-Iabel that area as Northeast Sewer Service Area NO.3. Text as proposed for Adoption: Policy 1..f.2: [Renumbered, revised text, page 55-25, 55-26] Consistent with the Uf9aR growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map~ (Figure SS-1 and Fiaure SS-1.1); the Existing and Future Sewer Service Areas map~, which includes the Rural Transition Water and Sewer District (Figure SS-2 and Fiaure SS-2.1). the Rural Tr::msition '''./ater and Sewer District Mirasol map (Figure PW 2.1 in the Potable 'Nater Sub element); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County, at its discretion. may serve Towns. VillaQes, Hamlets. and Compact Rural Developments within the Rural Lands Stewardship Area Overlay (RLSA); To'.\'ns, Villages, Hamlets, and Compact Rural Developments 'Nithin the Rural Lands Stell:ardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay RLSA. This Overlay is depicted on the countywide Future Land Use Map and map series. Policy 1.4: [Renumbered and revised text, page 55-26] For anv new structure in which clumbina fixtures are to be installed and which is crocosed to be connected to a crivate sector sanitarv sewer service utilitv. the develocer is reauired to crovide a letter of adeauate cacacitv from that crivate utilitv to the Collier Countv Buildina Review and Permittina Decartment at the time of acclication for the first buildina cermit. cursuant to Collier County Ordinance Number 80-112 r;S€lWirS8 FlS'A' dsvslepmsFlt pr;eis8t8 that pr;ope88 te 80FlFl8€t te PFi':sts 8s8tor 8aFlitsr-\' 8S\,'JSr 8sr;\'i8s wtilitis8 to provids a Isttsr of ads€lwate 8aps8itv to the Collisr COWFltv QwildiFla R8vis\}.' aFld PSfmittiAa CsaaFtmsAt at ths time of spali8atioA $or s owildiFla aermit. Policy .f.2.1 [Renumbered and revised text, page 55-27] GMP ELEMENT: Words underlined are added; words struck throl:lgh are deleted - Transmitted Text. Words double underlined are added; words B8usle sft'uek th.f8Ugh. are deleted - Adoption Text. - 21 - FACILITY SERVICE AREA lEVEL OF SERVICE STANDARD Collier County Facilities North Sewer Service Area 145 gpcd South Sewer Service Area Southeast Sewer Service Area Northeast Sewer Service Area I!!Qst CeFltral Sewer SewiEle Area 1QQ ~ gpcd 400.& 120 opcd 120 &44i opcd 12g aSEls Note: If the Future Land Use Map is revised to re-designate all or a portion of Section 24 in the North Belle Meade Overlay from Neutral Lands to Sending Lands, then Figures SS-1.1 and SS- 2.1 will be revised to remove the Sending Lands from the sewer service area. ~ Potable Water Sub-Element: Obiection: 1. The planning update for this sub-element is not supported by a projection of the potable water needs of the County based on the projected population and the land needs for the next planning timeframe. The analysis should identify any existing and projected deficiencies during the planning timeframe. [Chapter 163.3177(6)(c); 9J-5.011(2)(e), (f), & (2)(c), FAC] Recommendation: Revise the amendment to include the information listed above. The projections should address the short-term (five-years) and the long-term (10-year or greater) planning periods. COLLIER COUNTY RESPONSE: Please see response to CIE Objections #1 and 2, and FLUE Objection #3. Also, Please see Section 5, "Population and Demand Projections," from the 2005 Water Master Plan, attached. Two new maps are proposed for the Potable Water Sub-Element, Figure PW-1.1 and Figure PW-2.1, which depict service areas and boundaries. These new maps are properly referenced in the sub-element text. Text as Transmitted: Consistent with the w:baR growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map (Figure PW-1); the Existing and Future Potable Water Service Areas map (Figure PW-2) , which includes the Rural Transition Water and Sewer District; '.yithin the Rur:ll Tr:lnsition VVater and Sewer District Mir:lsol map (Figure PW 2.1 ); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88\i@lil stnlBlc tkr8\lgk are deleted - Adoption Text. - 22- the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Text as proposed for Adoption: Policy t.2.2: [Renumbered, revised text, page PW-23, PW-24] Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map~, (Figure PW-1 and Fiaure PW-1.1); the Existing and Future Potable Water Service Areas map~ (Figure PW-2 and Fiaure PW-2.1), which includes the Rural Transition Water and Sewer District; 'Nithin the Rur::ll Transition '/'later and Sewer District Mir::lsol m::lp (Figure PVV 2.1); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay m::lY be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Figures PW-1.1 and PW-2.1: Revised these two new figures to delete the East Central Sewer Water Service Area and re-Iabel that area as Northeast Sewer Water Service Area NO.3. Note: If the Future Land Use Map is revised to re-designate all or a portion of Section 24 in the North Belle Meade Overlay from Neutral Lands to Sending Lands, then Figures PW-1.1 and PW-2.1 will be revised to remove the Sending Lands from the water service area. Objection: 2. The proposed revision to Policy 1.3 states that the County will utilize the water sources identified by the Water Management District. This is vague because it does not identify the future sources of water for the County, and also does not establish a meaningful guideline regarding water sources during the next planning timeframe. [Chapter 163.3167(13), 163.3177(6)(a) & (c), & 163.3177(8), F.S.] Recommendation: Revise the amendment to identify the sources from which the County will derive potable water for the next planning timeframe. It should be demonstrated that adequate water is available at the identified sources to meet the County's needs during the planning timeframe. Also, revise the policy to commit to using water from those sources as well as from alternative sources as needed to meet the County's needs. COLLIER COUNTY RESPONSE: Please see Section 5, and Chart 7-3, from the 2005 Water Master Plan, attached. Policy revised as noted below. Text as Transmitted: Policy t.1.3: [Renumbered, revised text, page PW-23] The County shall continue to ~!dentify sufficient quantities of water sources to meet the County's estimated growth-related needs. Potential water sources could include any and/or all of those GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words s8Nol@ Bt'N@I( dW8Ugk are deleted - Adoption Text. - 23- potential sources identified within the County's Ten-Year Water Supply Facilities Work Plan, the Collier County Water-Sewer Master Plan. and the Lower West Coast Water Supply Plan prepared by the South Florida Water Manaoement District. Text as proposed for Adoption: Policy 4-.1.3: [Renumbered, revised text, page PW-23] The County shall continue to ~identify sufficient quantities of water sources to meet the County's estimated growth-related needs. Potential water sources to meet the County's 2025 water demands G81011s iRGlloISS aRV aRs/8r all 8f U:J8SS P8tEilRtial S8101rGeS jseRtifies witAiR tAe C8101RtV'S TeR Ysar Watsr SloIpplv Faeilities W8rl( PlaR, tAS C811ier C8101RtV Watsr Ss\.\'er Master PlaR, aRo tl:le b.8\\'er Wsst C8ast '-{'Jater SloIppl': PlaR preparso 8'/ tAe S8101tA FI8risa Water MaRa!ilsmeRt gistFiGt. include raw water from Hawthorn Zone I Aauifer (Intermediate Aauifer Svstem) and Lower Hawthorn Aauifer (Florida Aauifer System), identified within the County's 2005 Water Master Plan. The County shall use these water sources as well as alternative sources as needed. to meet the County's needs. ~ Drainae:e Sub-Element: Obiection: 1. The proposal to delete, from Policies 1.1.5 and 1.1.6, the references to the drainage studies planned for various areas of the County, and instead, defer such studies to a future date between 2008 and 2010, is inappropriate because it will not ensure the protection of natural resources and drainage basins. Deferring these studies to a future date without the establishment of adequate interim guidelines will not ensure the protection of these areas. [Chapter 163.3177(6)(c), F.S; 9J-5.011(1)(g) & (h), (2)(b)5, & (2)(c)4.] Recommendation: Revise the policies to include adequate interim guidelines pending the completion of the study after which a more permanent program should be established. The analysis should identify any existing and projected deficiencies during the planning timeframe. COLLIER COUNTY RESPONSE: Policy 1.5 is revised to reference the interim standards contained in the CCME. Text as Transmitted: Policy 4-.1.5: [Renumbered, revised text, pages 1, 2] Three (3) detailed b:lsin studies are pl:lnned '."Iithin the 5 ye:lr pl:lnning time frame :lS follows: Ba6iR Starting Date Completion Date Gordon River Extension FY 96/97 FY 98/99 Belle Me:lde FY 98/99 FY 2000/2001 Immok:llee FY 2000/2001 FY 2002/2003 Watershed Manaoement Plans will be undertaken as set forth in Obiective 2.1 of the Conservation and Coastal Management Element. p,s the studies :lre After each plan is completed, the results will be made available to the property owners located within the basin's boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation of the studie( plan's recommendations. GMP ELEMENT: Words underlined are added; words struck tm-ol:lgh are deleted - Transmitted Text. Words double underlined are added; words 88M818 8WMBI. t\;r8MgR are deleted - Adoption Text. - 24- Policy 1.1.& [Deleted text, page 2] Initiate sub basin studies on the Second~u)' Drain:Jge System and portions of the b:Jsin within the Urban Area. The st:Jtus of several of the critical sub basin studies is a8 follows: BasiR Starting Date Camp/etien Date Lely Main/Br:Jnch/M:Jnor NIA ~ Harvey FY 95/96 FY 96/97 US 41 Outf:J1I Swales NIA 498e Implement:Jtion of these projects is currently undel"\\'ay. Text as proposed for Adoption: Policy.f.1.5: [Renumbered, revised text, pages 1, 2] Three (3) detailed basin studies are pl:Jnned within the 5 year planning time frame as follo'A's: BasiR Gordon River Extension Belle Meade Immok::tlee Starting Date FY 96/97 FY 98/99 Mav. 2001 FY 2000/2001 Cemp/etian Date FY 98/99 FY 2000/2001 /~.pril. 2006 FY 2002/2003 Watershed Manaoement Plans will be undertaken as set forth in Obiective 2.1 of the Conservation and Coastal Manaoement Element (CCME), As the studies are After each plan is completed, the results will be made available to the property owners located within the basin's boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation of the studie( plan's recommendations. Until the Watershed Manaaement Plans are comcleted. the Countv shall acclv the interim standards for develocment as contained in CCME Obiective 2.1. Policy 1.1.& [Deleted text, page 2] Initiate sub b:Jsin studies on the Secondary Dr::tinage System and portions of the b:Jsin within the Urban Area. The status of sever:J1 of the critical sub basin studies is :JS follo'tls: Ba6iR Starting Date Camp/etien Date Lely M::tin/Branch/Manor NIA ~ Harvey FY 95/96 FY 96/97 US 11 Outf::tll Sw::tles NIA 498e Implement::ttion of these projects is currently underv:ay. Obiection: 2. The EAR-based amendment does not identify the drainage LOS deficiencies that exist in the County, as well as the future drainage needs of the County and the plan to correct those deficiencies within the planning timeframe to address the needs of the future. [Chapter 163.3177(6)(c), 163.3180(2)(a), F.S; 9J-5.011(1)(g) & (h), (2)(b)5, & (2)(c)4.] Recommendation: Revise the plan to identify the drainage deficiencies that currently exist in the County as well as the future drainage needs of the County. COLLIER COUNTY RESPONSE: February 1991 amendments to the Collier County Growth Management Plan, Public Facilities Element, Drainage Sub-Element, followed the May 1990 adoption of the Stormwater GMP ELEMENT: Words underlined are added; words struek through are deleted - Transmitted Text. Words double underlined are added; words €I~l\l'elil stnlill( thnntgk are deleted - Adoption Text. - 25- Management Master Plan (Master Plan). The Master Plan was first provided to DCA in 1989 as part of supporting documents for adopting the Growth Management Plan (GMP) - then seen again in its amended form with our 1997 Evaluation and Appraisal Report (EAR)-based amendments to the Drainage Sub-Element (attached and labeled, Public Facilities Element, Drainaae Sub-element). The County's stormwater management system was found in compliance. In place is the Collier County Stormwater Management Master Plan (Master Plan). The study leading to this Master Plan identified the County's watershed/basins, both natural and man altered, and locations of these basins' outlets. The basins were evaluated for the current level of flood protection and ranked in order of their greatest need for improvements to reduce the frequency and minimize the impacts of flooding and reach a long-range plan for levels of service. The existing capacities and the levels of service of drainage facilities were determined and later incorporated into the acceptable levels of service standards (LOSS). These levels of service standards remain in place as adopted in the Master Plan. Levels of Service (LOS) standards utilize a triad of criteria consisting of water quantity (flood control), water quality and the potential to provide for groundwater recharge. Depending where drainage basins lay in the Future Land Use Map (FLUM), different performance criteria were established for each level of service by general land use classification. The 25-year and 1 Q-year storms were used as target criteria for urban and suburban basins, respectively. The 5-year storm was selected for agricultural areas in consideration of their lower densities, while the 1-year storm was chosen for wetland/natural areas which are not expected to experience development or require significant stormwater management facilities. All of these design storm return frequencies were for a storm of 3-days duration. Performance ratings and evaluation criteria are applied to each criterion to develop the "Composite Performance Value Concept" (CPV) - a single inclusive value. Application of this numerical value when assessing each drainage basin produces individualized levels of service. These CPV values and their corresponding LOS standards are provided in Table 7 of the Master Plan and incorporated with the GMP Drainage Sub-Element. LOS performance standards are measurable and deficiencies are identifiable. In general terms: LOS-A, Excellent qualitative assessment, with a CPV of 8. No flooding of roadways, yards or structures. Characterized by flow contained within the system, at or below inlet throats or top of bank in channels. LOS-B, Adequate qualitative assessment, with a CPV of 6 or 7. Flooding of streets is expected and limited to outer lane of major roadways but does not prevent travel. Limited duration flooding of minor streets and yards generally limited to the right-of-way. Characterized by water encroaching on top of curbs and inlets or breaching top of bank channels. LOS-C, Substandard qualitative assessment, with a CPV of 4 or 5. Flooding of streets and yards is expected and precludes use of outer lane. Inner lanes are usable but difficult. Prolonged flooding of minor streets precludes travel and front yards to outside front of structure. Characterized by water significantly beyond road rights-of-way, above inlets, or beyond normal channel banks in floodplain. GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words ElsliBI8 stFli81( tflf'SligJ:i are deleted Adoption Text. - 26- LOS-D, Unacceptable qualitative assessment, with a CPV of 1, 2 or 3. Flooding of streets, yards and structures is expected for more than 24 hours. Total inundation of roadways prevents travel, isolates public facilities or prevents public response services (police, fire, medical, etc.). The DCA objection to EAR-based Drainage Sub-Element amendment because it "does not identify the drainage LOS deficiencies that exist in the County" should not be equated to a deliberate failure to identify such. Levels of service deficiencies are not identified simply because none currently exist, and they cannot be identified. Respectfully, their existence is an invalid presumption on which to base an objection. Acceptable Collier County drainage and stormwater management levels of service continue to be met. Faced with this assessment it follows that no "plan to correct those deficiencies" would have been part of the County's EAR- based amendment. Reiterating, no LOS deficiencies are present in our drainage and stormwater management system. Stormwater management improvement projects are not selected to correct system LOS deficiencies. Collier County desires to approach, attain and provide better levels of service nonetheless, by addressing demonstrated drainage issues which do not constitute deficiencies. This relationship between recognized problems and desired levels of service is used to identify future stormwater improvement projects. The County develops certain projects from the Master Plan where opportunities for achievable system improvements exist. These projects are listed in the Capital Improvement Element, Schedule of Capital Improvements. The County also develops improvement projects coincident with design phases of larger Planned Unit Developments. Projects are chosen to enhance one or more components of the LOS triad - to provide cost effective flood control facilities, environmentally sound water quality management, and suitable development of groundwater recharge opportunities. Improvements scheduled during this planning period include the Lely Area stormwater improvement project, the Gordon River water quality park, plus stormwater improvement projects within the Gateway Triangle and Belle Meade areas of Collier County. Completion of more than one of these improvement projects will not occur until some point during the second five-year planning period. Projects under development and considered to commence in the out-years of the planning timeframe include stormwater improvements in the Cocohatchee River Basin, Main Golden Gate Basin and Faka- Union Basin. System improvements are but a portion of our goals and objectives for drainage and stormwater planning. Current County efforts to improve stormwater management with the development of Watershed Management Plans (WMP) are expected to include a stormwater hydrologic drainage plan. It is envisioned that drainage plans identifying level of service deficiencies, if any, will be developed as part of the development of the WMP. )0> Housine: Element: Obiection: 1. The update of the Housing Element does not include a projection of the anticipated number of households by size and income range derived from the population projections and the housing needs of the current and anticipated future residents of the jurisdiction including affordable housing needs assessment. Also, the land requirement for the total estimated housing needs and the portion of the housing needs which could be projected to be met by the private sector is not provided (see earlier objections in the eIE and Future Land Use Element). GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words s8NBle stnllll. tkF8Ngk are deleted - Adoption Text. -27- [Chapter 163.3 I 77(6)(f), F.S; Rule 9J-5.010(2)(a), (b), (c), & (d), FAC]. Recommendation: Included with the amendment an updated housing analysis which will support the Housing Element as required. COLLIER COUNTY RESPONSE: Staff has prepared data, based upon information from the Shim berg Center for Affordable Housing at University of Florida, to indicate future needs (see attached Tables 1A, 1 B, 2B, 3, 3A, 4, 4A, 5, 5A, 6, 6A, 7, 7A, the item labeled Collier County Affordable HousinQ Inventory and its accompanying map labeled Commission District Lines.) Also, see response to FLUE Objection #3. Objection: 2. Objectives 1 and 2 of the of the Housing Element are proposed to be revised to establish a new target of 1000 affordable housing units to be built in the County every year during the next planning period. Increasing the target from 500 to 1000 units per year is very encouraging. However, the County has not shown the relationship between the 1000 units per year target and the scope of the affordable housing problem in the County. That is, no data and analysis have been provided to demonstrate the extent to which the construction target of 1000 units per year will help address the affordable housing situation in the County. In addition, the County has not identified, and demonstrated the range of programs that will enable the achievement of this target. Also, other necessary planning mechanisms such as monitoring and tracking of the location of these units are not established, without which it would be difficult to assess the program in order to determine success or failure. [Chapter 163.3177(6)(f), FS., and 9J-5.0 I 0(3)(b) 1., & 3., F AC] Recommendation: Please revise the plan to establish a full range of meaningful and predictable planning initiatives that will enable the achievement of this target and demonstrate how these programs will contribute to the achieving of this target. Also, include in the plan monitoring and tracking guidelines that will enable the assessment of the success or failure of the program in the future. COLLIER COUNTY RESPONSE: As reflected in data provided by the Shimberg Center, there are currently 26,663 very-low, low, and moderate income cost-burdened households in Collier County. The Shimberg Center also projects that in the year 2020 the number will rise to 39,895 households, an increase of 13,232 households over the next 14 years. This equates to about 945 new cost burdened households each year. Objectives 1 and 2: Due to 2006 legislative changes applicable to fast-growing counties such as Collier, assistance is applicable to those earning up to 140% of median household income. Also, the BCC approved an LDC amendment earlier this year that makes eligible the affordable- workforce housing density bonus for gap housing up to 150% of median household income. Both of these regulatory changes are expected to increase the number of affordable-workforce housing units approved and built each year, though it is too early to be able to quantify. In response to a need for consistency between Objectives 1 and 2, identified during review by the County Attorney's Office but not previously addressed by staff, Objective 2 is modified as shown below. Text as Transmitted: OBJECTIVE 1: [Revised text, page 3] GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8sMBl€! 8wM€!lc tMsagM are deleted - Adoption Text. - 28- The number of new affordable-workforce housing units shall increase by 9QQ 1,000 units each year in an effort to continue to meet the housing needs of all current and future very-low, low and moderate income residents of the County, including those households with special needs such as rural and farmworker housing in rural Collier County. Collier County shall pursue interlocal aareements with the City of Naples. the City of Marco Island. and Everalades City to reQuire that each city provide their proportionate share of affordable-workforce housina units (or the financial eQuivalent). Each city's proportionate share and financial eQuivalent will be evaluated and substantiated bv the most current data, studies. and methods available to the County. OBJECTIVE 2: [Revised text, page 4] By 2000, create a non profit houEing development corporation, formed '.\'ith a crOEE Eection of repreEentatives from busineEs, government, houEing advocates, and the community at large, which will aSEist the City and County in achieving a new goal of 500 d'....elling units per year for very low, 10'l.' and moderate income residents of Collier County. The Collier County Board of County Commissioners aided in the establishment of the Collier County Housina Development Corporation in 2003. The mission of the Housina Development Corporation is to serve as a non-profit aaencv, with an executive board made UP of representatives from business. aovernment. housina advocates. and the community at larae. which shall assist Collier County and its municipalities in achievina a new aoal of 1.000 dwellina units per year for very-low, low and moderate income residents of Collier County. Text as proposed for Adoption: OBJECTIVE 1: [Revised text, page 3] The number of new affordable-workforce housing units shall increase by 9QQ bQ,QQ units each year in an effort to continue ts meet meetina the current and future housing needs of all 8wr::reRt sRil flsltlolre leaal residents with very-low, low and moderate income~ re&iileRts sf tRe CSIoIRty, including ~ households with special needs such as rural and farmworker housing in rural Collier County. Policy 1.1: [Revised text, page 3] Collier County shall pursue interlocal aareements with the City of Naples, the City of Marco Island, and Everalades City to reQuire that each city provide their proportionate share of affordable-workforce housina units (or the financial eQuivalent). Each city's proportionate share and financial eQuivalent will be evaluated and substantiated bv the most current data, studies, and methods available to the County. Policy 1.4: [Revised text, page 3] Collier County shall seek to distribute A~ffordable-workforce housing will be distributed equitably throughout the county where adeauate infrastructure and services are available. Proarams and strateaies to encouraae affordable-workforce housina develooment w&iRS strstesie& WRi8R may include, but are not limited to, densitv bv riaht and density bonus orovisions. where aoolicable sSfeemeRt&, QRQ impact fee waivers or deferrals. exoedited oermittina (fast trackinat oublic- GMP ELEMENT: Words underlined are added; words stmelc through are deleted - Transmitted Text. Words double underlined are added; words 88\tBlil Btftlillc tws\tgh are deleted - Adoption Text. - 29- orivate oartnershios. orovidina technical assistance and interaovernmental coordination. ffl adsiti8R, aff8~aole ':J8rl,f8F8e !;l8\;1&iR8 will 08 188at8d w!;l8r8 aS8&1\;1at8 iRfra&tF\;I8t\;lr8 aRd &9r:vi88& are availalile. *Policv 1.5: [Deleted, then Revised text, page 3] Review the feasibility of incorporating the Collier County Housing Authority and the Collier County Housing and Urban Improvement office activities into one agency to provide greater coordination and efficiency in housing delivery services. Collier County shall maintain an inventorv of all aooroved affordable-workforce housina units within the county to ensure the taraeted number of units is develooed annuallv. The inventorv shall contain the location. structure tvoe. number of bedrooms. and taraet income ranae for each housina unit. OBJECTIVE 2: [Revised text, page 4] By 2000, create a non profit housing de'lelopment corporation, formed with a cross section of representatives from business, government, housing advocates, and the community at large, which 'Nill assist the City and County in achieving a new goal of 500 dwelling units per year for very low, low and moderate income residents of Collior County. The Collier County Board of County Commissioners aided in the establishment of the Collier County Housino Development Corporation in 2003. The mission of the Housino Development Corporation is to serve as a non-profit aoency, with an executive board made UP of representatives from business. oovernment. housino advocates. and the community at laroe. which alona with other not for orofit aaencies shall assist Collier County and its municipalities in achievino a R8W ooal of iOO 1.000 dwellino units per year for very-low, low and moderate income residents of Collier County. Policv 2.1: [Revised text, page 4] Not for orofit aaencies. such as the Collier County Housina Develooment Corooration shall assist the County in reachina its annual affordable-workforce housina aoal bv holdina workshoos and fairs to raise awareness and understandina of housina issues in the County: workina with other non-orofits to ourchase and develoo oarcels: and. contributina funds towards the ourchase of land for affordable-workforce housina oroiects. Policv a.4 2.2: rRenumbered text. oaae 41 Policv ~ 2.3: rRenumbered text. oaae 41 Policv 2.a 2.4: rRenumbered text. oaae 41 Policv a.4 2.5: rRenumbered text. oaae 41 Policv a.6 2.6: rRenumbered text. oaae 41 Policv U 2.7: rRenumbered text. oaae 41 Policv a.; 2.8: rRenumbered text. oaae 41 GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8slislll stflilll( tkrSligh are deleted - Adoption Text. - 30- Policv U 2.9: fRenumbered text. Dace 51 Pol icy *9 2.10: fRenumbered text. Dace 51 Policv 2.4G 2.11 : fRenumbered text. Dace 51 Policv a.44 2.12: fRenumbered text. Dace 51 Policv 2.4a 2.13: fRenumbered text. Dace 51 CITY POLICIES No substantive changes. COUNTY POLICIES No substantive changes. ~ Recreation and Open Space Element: Obiection: 1. The proposed revision of Policy 1.1.1 to require weighted population figures for the determination of LOS for community and regional parks is not professionally acceptable. Please see previous objection to this methodology stated in the Capital Improvement Element. [Chapter 163.3177(6)(a), (8), & (IO)(e), F.S. and Rule 9J-5.005(2)(a), (c), & (e), FAC] Recommendation: Please revise the policy to require the utilization of population figures from an established professionally acceptable population projection methodology and the same figure should be used consistently for the calculation of the demand for all type of public facilities. COLLIER COUNTY RESPONSE: Policy 1.1.1 is consistent with other population figures used for calculating the need for public facilities, applying a consistent population projection figure through the planning timeframe. Population calculations are explained in this Response document, and these terms are defined in Policy 1.2 of the Capital Improvement Element (CIE). Unincorporated area population projections used here are solely for calculating the need for community park facilities. Incorporated areas provide their own community parks; using a countywide population figure would result in a double counting of the municipal populations. Text as Transmitted: Policy 1.1.1: [Revised text, page 1] Collier County hereby adopts +!he following level of service standards for facilities and land owned by the County or available to the general public are adopted: STAND^RD OF SERVICE LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land/1J.OOO population (weiQhted unincorporated) B. 2.9412 acres of regional park land/1J.OOO population (weiQhted) GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 881:1818 str1:lElI[ tkr8ll.gk are deleted - Adoption Text. - 31 - C. Recreation facilities.,. = Facilities in place.. which have a value (as (X) defined) of at least $179.00 $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County.. as set forth in T3blo A the Annual Update and Inventory Report (AUIR). applying the values to the number of each facility type, adding up all values and dividing the total by the County population (weiQhted). 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in:place facility value. Text as proposed for Adoption: ~18 GlilsRses ssme ss TrsRsmitteel. (1.1.1 entry below is new revision after 11/0ct) Policy 1.1.1: [Revised text, page 1] Collier County hereby adopts +1he following level of service standards for facilities and land owned by the County or available to the general public :lre adopted: ST)\.NDARD OF SERVICE LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land/1 ,000 population (':Ieislilteel s'JefSse, unincorporated) B. 2.9412 acres of regional park land/1, 000 population (weislilteel s~.:er8se) C. Recreation facilities - Facilities in place, which have a value (as (X) defined) of at least $179.00 $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County, as set forth in the Annual Update and Inventory Report (AUIR), applying the values to the number of each facility type, adding up all values and dividing the total by the County population (\\'eislilteel sver8se). 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in-place facility value. ~ Conservation & Coastal Manae:ement Element: Objection: 1. Existing Objective 2.1 required the County to prepare Watershed Management Plans by 2000. The County is proposing to extend the time line for preparing the plan by 10 years; the new time line requires the preparation of the plan to start in 2008, and be completed in 2010. The proposed extension is GMP ELEMENT: Words underlined are added; words struek throligh are deleted - Transmitted Text. Words double underlined are added; words 811tihlil SB'tiillc tbrllugh are deleted - Adoption Text. - 32- inappropriate because it will not ensure the protection of the natural resources within watersheds and estuarine areas. Furthermore, no interim adequate guidelines have been established for the protection of watersheds and estuarine areas, pending the completion of such a study. Instead new language is proposed to be introduced into the plan in various policies delaying the establishment of guidelines for the protection of these areas until the completion of the watershed studies (see Policies 2.1.5, 2.1.8, 6.2.3, 6.2.4,6.2.7, and other provisions in the Future Land Use Element). [Chapter 163.3177(6)(d) & (g), F.S.; 9J-5.012(3)(b)1, 2., & (3)(c)2., 9J-5.013(2)(c)6., FAC]. Recommendation: Revise the policy to establish adequate interim standards that will ensure the protection of these areas pending the completion of the study and the establishment of a more specific and permanent guidance for protecting these watersheds and estuarine areas. COLLIER COUNTY RESPONSE: Revisions are proposed as noted below, including adoption of a map depicting restoration projects of state and federal agencies. Text as Transmitted: OBJECTIVE 2.1: [Revised text, page 5] By January 4, 2QOO 2008. the County shall complete the prioritization and beain the process of prepare!ng Watershed Management Plans. which tRat will address contain appropriate mechanisms to protect the County's estuarine and wetland systems. The process shall consist of (1) an evaluation of areas for which Watershed Manaaement Plans are not necessary based on current or past watershed manaaement plannina efforts. (2) an assessment of available data and information that can be used in the development of Watershed Manaaement Plans. and (3) budaet authorization to beain preparation of the first Watershed Manaaement Plan by January 2008. A fundina schedule shall be established to ensure that all Watershed Manaaement Plans will be completed by 2010. In selectina the order of Plan completion, the County shall aive priority to watersheds where the development arowth potential is areatest and will impact the areatest amount of wetland and listed species habitats. The schedule and priorities shall also be coordinated with the Federal and State aaency plans that address Total Maximum Daily Loads (TMDLs). Text as proposed for Adoption: OBJECTIVE 2.1 [Revised text, page 5] By January 4, 2QOO 2008. the County shall complete the prioritization and beain the process of prepare!ng Watershed Management Plans, which tRat will address contain appropriate mechanisms to protect the County's estuarine and wetland systems. The process shall consist of (1) an evaluation of areas for which Watershed Manaaement Plans are not necessary based on current or past watershed manaaement plannina efforts. (2) an assessment of available data and information that can be used in the development of Watershed Manaaement Plans, and (3) budaet authorization to beain preparation of the first Watershed Manaaement Plan by January 2008. A fundina schedule shall be established to ensure that all Watershed Manaaement Plans will be completed by 2010. In selectina the order of Plan completion. the County shall aive priority to watersheds where the development arowth potential is areatest and will impact the areatest amount of wetland and listed species habitats. The schedule and priorities shall also be coordinated with the Federal and State aaency plans that address Total Maximum Daily Loads (TMDLs). Until the Watershed Manaaement Plans are comoleted. the County shall aoolv the followina as interim standards for develooment: GMP ELEMENT: Words underlined are added; words struek through are deleted - Transmitted Text. Words double underlined are added; words 8Blilll@ strli@l. tkrBligR are deleted - Adoption Text. - 33- a. All new develooment and re-develooment oroiects shall meet tAQ 150% of the water aualitv volumetric reauirements of Section 5.2.1 (a) of the Basis of Review for Environmental Resource Permit Aoolications Within the South Florida Water Manaaement District (Februarv 2006) stsFuilsf€lS sf9visi8R8 r91i1wiF9€11ilv QrsiRs1iI8 swlil elem8Rt P9lililV 1.0.1 and the retention and detention reauirements. and the allowable offsite discharae rates reauired bv Drainaae Sub-element Policv ~.2 and ~.3. resoectivelv: b. Loss of storaae or convevance volume resultina from direct imoacts to wetlands shall be comoensated for bv orovidina an eaual amount of storace or convevance caoacitv on site and within or adiacent to the imoacted wetland. c. Floodolain storaae comoensation shall be evaluated for develooments within the desianated flood zones "A". "AE". and "VE" as deoicted on the Flood Insurance Rate Maos oublished bv the Federal Emeraencv Manaaement Aaencv with an effective date of November 17. 2005. Floodolain storaae comoensation shall also be evaluated for areas known to be oeriodicallv inundated bv intense rainfall or sheetflow conditions. d. All develooment located within areas GWff8Rtl'.' i€l8Rtifi8€1 ss Rest8rsti9R Pr8i88ts as identified +R on tRe S9WtR'A'8st f719ri€ls QfSft f79ssilililitv Stw€lv (Fiaure 1 ~ shall be evaluated to determine imoacts to natural wetlands. flowwavs. or slouahs. For this oarticular evaluation. natural wetlands. flowwavs. or slouahs shall be tentative Iv identified as contiauous lands havina a continual oreoonderance of wetland or wet facultative olant soecies and a around elevation throuah the maior oortion of the natural wetlands. flowwavs. or slouahs at least one (1) foot lower than the around at the edae of the natural wetlands. flowwavs. or slouahs. The edae of the natural wetlands. flowwavs. or slouahs shall be identified bv field determination and based uoon veaetation and elevation differences from the adiacent uolands or transitional wetlands. If sppli8slil19, t!;;!8 1il8WR€lSf'l ef S RStwFSI \.'/etlsR€I, flev.wsv. 9r slews!;;! sRslI refl88t eI8\'st9€1 swffa8e 'J:Glt9r 818'/stieRs 8swS8€1Iil': swrrewR€liRS €I8v9lepm8Rt. The Countv shall reauire the aoolicant to avoid direct imoacts to these natural wetlands. flowwavs. or slouahs or. when not oossible. to ensure anv direct imoact is minimized and comoensated for bv orovidina the same convevance caoacitv lost bv the direct imoact. The Countv shall adhere to the limitina discharae rates of each basin as outlined in Ordinance 2001-27. adooted Mav 22.2001 which amended the Countv Water Manacement Policv and orovided basin delineations where soecial oeak discharae rates have been established. The limitina discharae rates will be reviewed as a Dart of the Watershed Manaaement Plans. and modified accordina to the analvses and findinas of the Watershed Manaaement Plans. e. All new develooment and re-develooment oroiects shall ensure surroundina orooerties will not be adverse Iv imoacted from the oroiect's influence on stormwater sheet flow. &:of. Prior to the issuance of a final develooment order. the Countv shall reauire all develooment oroiects to obtain the necessarv state and federal environmental oermits. a. Within one vear of the effective date of these amendments. the Countv shall adoot land develooment reaulations to reauire Best Manaaement Practices of future develooment or re-develooment oroiects. Best Manaaement Practices means structural and non-structural facilities or oractices intended to reduce oollution either throuah source control or treatment of stormwater. Ficure 1. Aoolicable Restoration Proiect Areas Where Interim Develooment Standard 2.1.d Is Objection: GMP ELEMENT: Words underlined are added; words struck tlwough are deleted - Transmitted Text. Words double underlined are added; words aetlhlil swuh threHgk are deleted - Adoption Text. - 34- 2. The existing Policy 2.2.5 stated that, "by December 31, 1998, the County shall identify stormwater management systems that are not meeting State water quality treatment standards". The County is proposing to revise the policy to state that, "by December 31, 2008, Collier County shall have identified a process to identify stormwater management systems that are not meeting State water quality treatment standards in effect at the time of project approval." The proposed revision is inappropriate for three reasons: 1) the policy defers to the future an activity that should have been accomplished since 1998; 2) it mandates the identification of "a process" for identifying systems instead of identifying the existing systems that are not meeting standards as required by the existing policy; and 3) the proposed revision shifts the intent of the policy to new projects only instead of addressing the existing situations as well as new developments as originally intended. [Chapter 163.3177(6)(c), 3178(2)(c), F.S; 9J-5.011(1)(g) & (h), (2)(b)5, & (2)(c)4.,] Recommendation: Revise the policy to identify the stormwater systems that are not meeting State and Federal water quality regulatory standards, and establish adequate guidelines and standards that will correction the problem and ensure future attainment of the standards. [Chapter 163.3 1 77(5)(d); 9J-5.006(3)(c)6, 9J-5.0] 1 (2)(c)4., 9J-5.013(2)(c)1.] COLLIER COUNTY RESPONSE: Revisions are proposed as noted below. Text as Transmitted: Policy 2.2.5: [Revised text, page 6] By December 31, 1998, identify storm'Nater management systems that are not meeting St:lte '....ater quality tre:ltment standards. By December 31,2008, Collier County shall have identified a process to identify stormwater manaaement systems that are not meetina State water Quality treatment standards in effect at the time of proiect approval. In developina and implementina such a process, the County shall seek auidance and assistance from the South Florida Water Manaaement District (SFWMD) and FDEP. Text as proposed for Adoption: Policy 2.2.5: [Revised text, page 6] By December 31,2008, and no less than everY three Years. all e)(istiRIiI SR9 fwtwre stormwater manaaement svstems shall be insoected and certified bv a licensed Florida orofessional enaineer re€lwlsflv for comoliance with their aooroved desian. and 8e relilwireg ts anv deficiencies shall be corrected tR8 g8fi8i8R8i8s. Cslli8r CSWRty SRslI RS"8 jg8Rtifi8g S prS88SS ts ig8Rtify stsrm'tJst8r mSRS!!f8m8Rt syst8ms tRSt Sf9 RSt me8tiR!!f etSt8 'ust8r €twslity tr8stm8Rt StSR9Sf9S iR 8ff8Elt at tR8 time sf pr9jeElt spprs'Jal. IR gevelspiR!!f SR9 impl8m8RtiR!!f SWElR S prSEl88S. tR8 CswRty sRall 8881"( !!fWi9SREl8 SR9 Sssi8tliimEle $rsm tRe eSWtR Flsrigs Water MaRa!!femeAt OistriElt (eF'.NMO) SR€! j;OIiP. Obiection: 3. Existing Objective 3.1 states that, "ground water quality shall meet all applicable federal and state water quality standards by January 2002 and shall be maintained thereafter". The proposed revision removes the commitment to achieve Federal and State standards, and instead removes standards which it does not feel it can achieve. This is inappropriate because it makes the policy vague and unpredictable GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words ilsli8ltl !JtFIUli. tkrsMgk are deleted - Adoption Text. - 35 - and unclear with respect to the standards that shall apply in order to ensure the protection of the quality of the ground water of the County. [Chapter 163.3177(5)(d), 9J-5.006(3)(c)6, 9J-5.0 II (2)(c)4., 9J-5.013(2)(c) 1.] Recommendation: Leave the policy as it is and add language that will require monitoring and tracking of activities and attainment status in order to ensure that development activities do not contribute the degradation of the quality of the underground water of the County. Also, provide data and analysis to demonstrate that the County is meeting Federal and State regulatory standards for ground water quality. COLLIER COUNTY RESPONSE: The Objective has been revised to leave in the commitment to meet Federal and State water quality standards. The Transmitted language removed that commitment due to the County's inability to always meet Federal and State water quality standards as a result of circumstances beyond the County's control. Data and analysis is provided to substantiate circumstances in which Federal and State water quality standards may not be achieved. The following provides a brief description of the two issues pertinent to our area; please see attached synopsis of: 1) Hydraulic Entrapment of Relict Saline Water within the Semi-confined Aquifers in Southwest Florida; 2) Golden Gate Groundwater Baseline Monitoring Report; 3) Summary of Facility Inspections; and, 4) USGS Groundwater Data for Collier County, 2004. 1) Naturally occurring contamination: Pursuant to study conducted by Professional Services Industries, Inc., dated January 31, 2005, elements such as sodium and iron have been determined to be naturally occurring within shallow aquifers in Golden Gate Estates. Also, a second study, published by GCAGS/GCSSEMP Transactions, concludes that the surficial aquifer system in southwest Florida contains isolated occurrences of relict saline-water that originated during the last interglacial period. 2) Use of approved herbicides: Detection of total arsenic and monomethylarsenate in ground water samples from several monitoring wells prompted Collier County Pollution Control and the City of Naples Laboratory to initiate the investigation at six facilities by the Bureau of Compliance Monitoring of the Florida Department of Agriculture and Consumer Services to assess if arsenic and MMA in ground water were associated with the use of arsenical herbicides. The study revealed there had been previous use of MSMA at the facilities; however, they concluded MSMA usage was not definitely established to be the cause of total arsenic and MMA Detections observed in the groundwater, and if total arsenic concentrations increase, then additional sampling for MSMA might be warranted. Arsenical herbicides usage, including monosodium methanearsonate (MSNA), is legal and approved chemicals which are regulated by the Florida Department of Agriculture and Consumer Services. Collier County is presently, and will continue to, monitor ground water quality; upon detection of any degradation in water quality, Collier County will notify the appropriate regulatory agencies for possible enforcement action. Text as Transmitted: OBJECTIVE 3.1 : [Revised text, page 9] Ground water quality shall meet all applicable Federal and State \\'ater quality standards by January 2002 and shall be maintained thereafter. Collier County will continue to implement numerous proactive proorams desioned to protect the County's oround water Quality from man-made pollution sources. However. due to natural conditions impactino the water Quality found in Collier County, some federal and state water Quality standards may not be achievable. Therefore, Collier County will continue to take all GMP ELEMENT: Words underlined are added; words struok through are deleted - Transmitted Text. Words double underlined are added; words BSll131B stFllBl( tW8llgft are deleted - Adoption Text. - 36- necessary actions to maintain the highest attainable level of ground water Quality within its aquifer systems. Text as proposed for Adoption: OBJECTIVE 3.1: [Revised text, page 9] Ground water Qualitv shall meet all applicable Feder:]1 and State water Quality standards bv January 2002 and shall be maintained thereafter. Cillisr CildRt',' will 8sRtiRlds ti imslsm8Rt Rldm8fildS sriEl8ti\'s sriarElmS gssiaR8s ti srsts9t tR8 CildRtv'S arSldRg wEltsr ElldEllitv frim mElR mElgs PillldtiiR 8ildr8S8. ""swst'sr, SldS ti Rlitld rEI I 8iRgitiiR8 impli8tiRa tR8 '!:€it8r Elldlilit'l fildRg iR Cillisr CildRtv, Sim8 f8S8r€i1 €iRg Stlit8 WElt8r ElldEllitv stElRSElrSS mEl"- Rit 08 El8Ri8vElo18. TRsrsfirs, Cilli8r CildRtv will 8iRtiRlds ti tElhs ElII R88S8SElr\' El8tiiR8 ti mEliRtEliR tR8 RiaRsst €ittEliRElols ISV81 if arildRS 'NEltsr ElldEllitv v:itRiR its €iElldifsr 8..-st8ms. Ground water aualitv shall meet all aoolicable Federal and State water aualitv standards. Ground water aualitv shall be monitored in order to determine whether develooment activities are contributina to the dearadation of Collier County's around water aualitv. Ground water data and land use activities will be assessed annuallv to determine lona-term trends and whether the County is meetina Federal and State reaulatorv standards for around water aualitv. The County shall reauire around water monitorina of land uses in accordance with Chaoters 62-520. 62-550 and 62-777 of the Florida Administrative Code. Uoon the detection of any around water dearadation determined throuah the monitorina orocess. the County will notify the aoorooriate reaulatorv aaencies. In a coordinated effort with the United States Geoloaical Survey (USGS)' or of its own accord. the County shall institute a aroundwater monitorina network bv 2008. includina the comorehensive inventorY of monitorina wells. an assessment of monitorina wells oreviouslv damaaed. and oolicies to make aoorooriate well reoairs and reolacements. Objection: 4. The proposed revisions to the existing Policy 6.1.1 defer the establishment of guidelines for the preservation of open space to the land development regulations. In part (5) of the policy it states that "passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserved area" will be allowed. However, the definition of what constitutes "loss of function" is deferred to the LDR. Furthermore, the proposed revision to part 9 of the policy, not only defers to the LDR the establishment of guidelines, but in addition it would allow the payment of money to satisfy the native vegetation preservation retention requirement which will defeat the purpose for requiring the retention of native vegetation. [Chapter 163.3177(6)(a) and (d), F.S., and 9J-5.013(2)(c)3.] Recommendation: Revise the policy to remove deference to the LDR and define all relevant terms in the plan. Also establish in the plan all appropriate guidance to be used for implementation and as well guide the preparation of the more detailed LDR. In addition, the acceptance of monetary payment to satisfy the retention of native vegetation requirements should be removed or modified to identify how the payment will be used to further this policy. COLLIER COUNTY RESPONSE: Revisions are proposed as noted below. Text as Transmitted: GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88lJbllil !lwlJilk dU8lJgll are deleted - Adoption Text. - 37- Policy 6.1.1 : [Revised text, pages 15, 16] ***************************************************************** (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required veaetation or cause a loss of function to the preserve area. such as pervious nature trails or board'Nalks are 3110wed ..,:ithin preserve areas, as long as any cle3ring required to facilitate these uses does not imp3ct the minimum required veget3tion. Criteria identifyina what constitutes a loss of function shall be set forth in the land development reaulations and will address various types of construction that are compatible with the function of the preserve. The land development reaulations will also provide criteria to define appropriate passive recreational uses. b. Receipt of treated stormwater discharae where such use. includina conveyance. treatment and discharae structures. does not result in any adverse impact to the naturally occurrina. native veaetation. as determined by criteria set forth in the land development reaulations. Discharae to preserves havina wetlands requires treatment that will meet water Quality standards as set forth in Chapter 62-302. F.A.C. and will conform to the water Quality criteria requirements set forth by the South Florida Water Manaaement District. ******************************************************************************************** (~) Within one year of the effective date of these amendments. the County shall adopt land development reaulations that allow for all or a portion of the native veaetation preservation retention requirement to be satisfied by a monetary payment. land donation. or other appropriate method of compensation to an acceptable land acquisition proaram. as required by the land development reaulations. The land development reaulations shall provide criteria to determine when this alternative will be allowed. The criteria will be based upon the followina provisions: a. The amount. type and Quality of the native veaetation on site; b. The presence of conservation lands adioinina the site; c. The presence of listed species and consideration of Federal and State aaency technical assistance; and d. The type of land use proposed. such as. but not limited to. affordable housina. The land development reaulations shall include a methodoloay to establish the monetary value. land donation. or other appropriate method of compensation. Text as proposed for Adoption: Policy 6.1.1: [Revised text, pages 15, 16] (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required veaetation or cause a loss of function to the preserve area. such 3S pervious nature trails or b03rdwalks are allowed within preserve areas, as long as any cle3ring required to bcilit3te these uses does not impact the minimum required vegetation. Loss of function to the oreserve area includes a reduction or a chance in veeetation within the oreserve and harmine anv listed soecies oresent in the oreserve. More soecific standards that imolement this oolicv Criteria i8eAtifviA~ V:Rst 88Astitlolte& 8 18&& 8f $loIA8ti8A shall be set GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88u13IB stniBlc $ftr8ugk are deleted - Adoption Text. - 38- forth in the land development reaulations and will address various types of construction that are compatible with the function of the preserve. The land development reaulations will also provide criteria to define appropriate passive recreational uses. b. Receipt of treated stormwater discharae where such use. includina conveyance. treatment and discharae structures. does not result in any adverse impact the naturally occurrina. native veaetation. as 09t9rmiA96 0'/ erit9ria S9t fORA iA tA9 laAo 09v910~m9At f9SloIlatioAs. Discharae to preserves havina wetlands requires treatment that will meet water Quality standards as set forth in Chapter 62-302. F.A.C. and will conform to the water Quality criteria requirements set forth by the South Florida Water Manaaement District. Policy 6.1.1 (9): [Revised per CCPC recommendation on October 11, which, in part, reflects the EAC recommendation.] (~) Within one year of the effective date of these amendments, the County shall adopt land development reaulations that allow for a orocess wherebv a orooertv owner mav submit a oetition reauestina that all or a portion of the native veaetation preservation retention requirement to be satisfied by a monetary payment. land donation that contains native veaetative communities eaual to or of a hiaher orioritv as described in Policv 6.1.1 (4) than the land beina imoacted, or other appropriate method of compensation to an acceptable land acquisition proaram, as required by the land development reaulations. The monetarv oavment shall be used to ourchase and manaae native veaetative communities off-site. The land development reaulations shall provide criteria to determine when this alternative will be allow90 considered. The criteria will be based upon the followina provisions: a. The amount. type. raritv and quality of the native veaetation on site: b. The presence of conservation lands adioinina the site: c. The presence of listed species and consideration of Federal and State aaency technical assistance:~ d. The type of land use proposed. such as. but not limited to. affordable housina",.;. e. The size of the oreserve reauired to remain on site is too small to ensure that the oreserve can remain functional: and f. Riaht of Wav acauisitions where there is no native veaetation on site which can be used to mitiaate the loss and there is no land on site which could be restored to accommodate the loss of native veaetation. The land development reaulations shall include a methodoloay to establish the monetary value, land donation. or other appropriate method of compensation to ensure that native veaetative communities not oreserved on-site will be oreserved and aoorooriatelv manaaed off-site. Obiection: 5. The existing Objective 12.1 required the County to maintain a hurricane evacuation time of 28 hours for a category 3 storm event. The County is proposing to revise the Objective to state that the County will "attempt to maintain a hurricane evacuation clearance time for a category 3 hurricane event at a maximum of 18 hours." The use of the word "attempt" makes this objective vague and unpredictable. Also, the proposal to use, as an alternative to the Southwest Florida Hurricane Evacuation Study, any other study conducted by the local emergency management director and approved by the County Commissioner is inconsistent with state law. [Chapter 163.3177(6)(g), & 3178(2)(d), 163.3178(9); and 9J-5.012(3)(b)7.] GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words thlU81il stmtll( tbnnlgk are deleted - Adoption Text. - 39- Recommendation: Revise Objective 12.1 to remove the word "attempt" and commit to the reduction or maintenance of hurricane evacuation times as required by state law. Also the methodology for evaluating evacuation should be that established by the state. COLLIER COUNTY RESPONSE: Revisions are proposed as noted below. Text as Transmitted: OBJECTIVE 12.1: [Revised text, page 46] The County will attempt to maintain the 1994, E hurricane evacuation clearance time for.a Category 3 stefm hurricane event at a maximum of 2S ~ hours as defined by either the W99 2001 Southwest Florida Regional Planning Council's Hurricane Evacuation Study Update.,aAG reduce that time frame by 1999 to 27.2 hours. Activities will include on site sheltering for mobile home developments, increased shelter space, ::md maintenance of equal or 10'J.'er densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. or similar future studies authorized and coordinated by the Collier County EmerQency ManaQement Department and approved by the Collier County Board of County Commissioners. An evacuation clearance time shall be defined as havinQ residents and visitors in an appropriate refuQe away from storm surQe prior to the arrival of sustained Tropical Storm force winds, Le., winds equal to or Qreater than 39 mph. To further these objectives, for future mobile home developments located outside of the storm surQe zone, efforts shall include on-site shelterinQ or retro-fittinQ of an adjacent facility. The Collier County EmerQency ManaQement Department shall seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of EmerQency ManaQement. Text as proposed for Adoption: OBJECTIVE 12.1: [Revised text, page 46] The County will 8ttempt t8 maintain the 4-994, !! hurricane evacuation clearance times as reauired bv state law. f8r 8 C8te88r)' J st8rm Rwrri88Re eveRt 8t 8 ~lii)(imwm €If 2S II R8WfS 88 aefiRea oy ~r tR8~ .42.21 a8wtRV:88t FI8Fia8 Re8i8R81 PI8RRiR8 C8WR8ilJ1, J,./wrri88Re IiV8€lW8ti8R atway Y~a8te, and reduce that time frame by 1999 to 27.2 hours. Activities '.viii include on site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. ef simil8r fwtl;lre stwai88 8wtR8fizea 8Ra 888faiR8tea ov tAe C811ier C81;1RtV Iime~eRlir: M8R8fi18meRt gep8R~eRt 8Ra 8PPf8\'ea 0',1 tAe Cellier C8WRtV i88fa €If COI;IRtv C8m~i8si8R8rs. An evacuation clearance time shall be defined as havinQ residents and visitors in an appropriate refuQe away from storm surQe prior to the arrival of sustained Tropical Storm force winds. Le.. winds equal to or Qreater than 39 mph. To further these objectives. for future mobile home developments located outside of the storm surQe zone. eff8Rs such develooment shall include on-site shelterinQ or retro-fittinQ of an adiacent facility. The Collier County EmerQency ManaQement Department shall seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of EmerQency ManaQement. Policy 12.1.4: [Revised text, page 46] GMP ELEMENT: Words underlined are added; words struek through are deleted - Transmitted Text. Words double underlined are added; words €hmlll@ stnl@l( tflt'IHlgR are deleted - Adoption Text. - 40- The County shall continue to maintain hurricane reflllse shelter requirements and standards fGf hurricane shelters for all new mobile home parks ~ and mobile home subdivisions, or existing mobile home parks ~ and mobile home subdivisions in the process of expanding,L which aFe accommodate or contain 26 units or l:Jrger in size more. Such mobile home parks or mobile home subdivisions shall be reauired to provide emergency shelter reflllse space on-site,L or to provide funding to enhance one or more existing public shelters off-site. The 8Quilding, which provides the on-site r:-eflllse shelter space (if this option is chosen), will be of such a size as to 00l.Ise provide feflllse shelter to park or subdivision residents at the rate of 20 8€!-:- sauare ft feet per resident person. For the purposes of this policy, Resident size will be estim:Jted by aver:Jging park popul:Jtion during the June November time fr:Jme. the size of the on-site reflllse shelter structure shall be determined by estimatinQ the park or subdivision population durinQ the June-November time frame, based upon methodoloQies utilized by the Collier County EmerQency ManaQement Department. On site shelters sh:J1I be elevated to a minimum height equ:J1 to or above the '.vorst c:Jse Category 3 hurricane flooding level utilizing the current N:Jtion:J1 Oce:Jnic and Atmospheric Administration's storm surge model, kno\f.'n as Sea, Lake, and Overl:Jnd Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures design:Jted as "essenti:J1 f:::1cilities" in the latest Stand:Jrd Building Code, T:Jble 1205. Shelters shall be constructed v:ith adequate emergency electrical power :Jnd potable '.vater supplies; shall provide adequate gl3ss protection by shutters or boards; :Jnd shall provide for adequate ventil:Jtion, sanit:Jry f:::1cilities and first :Jid equipment. /\ telephone and battery operated telephone is also required within the shelter. Policy 12.1.5: [Revised text, page 46] On-site feflllses shelters within mobile home parks or mobile home subdivisions shall be elevated to a minimum heiQht eaual to or above the worst case CateQory 3 hurricane floodinQ level, based upon the most current National Oceanic and Atmospheric Administration's storm surQe model. known as Sea, Lake, and Overland SurQes from Hurricanes (SLOSH). The wind load criteria for buildinQs and structures desiQnated as "essential facilities" in the latest Florida BuildinQ Code, shall Quide the desiQn and construction of the reauired reflllse8 shelters. Reflllses Shelters shall be constructed with emerQency electrical power and potable water supplies; shall provide Qlass protection by shutters or other approved material/device; and shall provide for ventilation, sanitary facilities and first aid eauipment. A telephone, automatic external defibrillator (AED) and battery-operated radio are also reauired within the shelter. )> Future Land Use Element: Objection: 1. In order to encourage affordable housing (see page 26) the County allows a bonus of 8 additional units for development in certain Urban Designated sub-districts (except in areas within the CHHA), and in the Golden Gate and Immokalee areas provided the project meets the definition and requirements of the affordable workforce housing established in the land development regulation (LOR). The following concerns are associated with this proposal: a) By deferring the establishment of guidelines for the location of affordable housing to the LOR, the policy does not provide the predictability and guidance needed in order to properly direct the program; and b) The addition of eight units per acre as a bonus for affordable housing was already in the plan; however, the bonus is to be expanded to more areas, which is encouraging. However, no assessment of the potential impact of the additional units on the ability of the County to provide water, sewer and other GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words ll8uele Btfueli tlu8ligk are deleted - Adoption Text. - 41 - public facilities including roads has been provided. While the Department supports efforts that will increase the availability of affordable housing in the County, it is important not to exclude the potential impact of these units when calculating the demand for public facilities. [Chapter 163.3 1 77(6)(a), (t), F.S., 9J-5.006(c)3., 9J-5.011(2)f., (2)(c)1., 2., & 9J-5.010(3)(b)1.3., FAC] Recommendation: Revise the plan to include appropriate and relevant guidelines for the location of affordable housing in the County. The definition of what constitutes affordable units and the requirements for their provision should be included in the plan. In addition, the potential impact of these additional units should be estimated and included in the calculation of public facilities demands. COLLIER COUNTY RESPONSE: a) The Affordable-Workforce Housing Density Bonus (AHDB) provision is allowed in locations identified in the FLUE. Also, the maximum density bonus (8 DU/A) is identified in the FLUE. The Land Development Code does not provide locational criteria, rather provides the details of implementation - guidelines pertaining to density ranges (up to the maximum allowed by FLUE) based upon number of bedrooms, income levels, etc. The AHDB provision is proposed to be revised to state the maximum qualifying income level (150% of median income) and to define the term "affordable" by statutory reference. ("Chapter 420.9071, Definitions: "Affordable" means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in subsection (19), subsection (20), or subsection (28). However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied.") In 2006, the median income for Collier County is $66,100.00, per the U.S. Department of Housing and Urban Development. The median home price in Collier County is presently about $470,000.00. As revealed in the Board of County Commissioners' affordable housing and gap housing workshops held in 2005, the Naples Daily News ongoing series on affordable housing ("Paradise - At What Cost?" - select portions attached), and other accounts, the extremely high housing costs in Collier County are resulting in many employers being unable to attract employees; this includes the largest employer in the county - the Collier County School Board, some of the other largest employers - Collier County government, Collier County Sheriff's Office, Naples Community Hospital, and other employers at all sizes. This has been exacerbated by rising housing costs in southern Lee County where many employees have historically lived and commuted from, and the tremendous amount of apartment conversions to condominiums in Collier County and southern Lee County over the last 2 - 3 years. Recent changes in state legislation allow for housing assistance to apply up to 140% of median income. Earlier this year, Collier County adopted LDC regulations that allow for applicability up to 150% of median income. b) Presently, the AHDB at up to 8 dwelling units per acre (DU/A) is applicable to almost the entire Urban Mixed Use District, including the Coastal High Hazard Area (depicted on FLUM). The Transmitted amendments to the Density Rating System still allow the AHDB to apply to the same geographic area - it is not expanded. However, because a density cap of 4 DU/A is proposed for the CHHA, along with a density reduction factor of 1 DUlA for the CHHA, the result is that the AHDB would be limited to 1 DU/A within the CHHA - a lessening of allowable density (see below). Base Density CHHA reduction 4 DU/A - 1 DU/A GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88li81@ stI'Ii@I. tkfllligk are deleted - Adoption Text. - 42- Subtotal 3 DU/A AHDB +1 DU/A Total Density Allowed 4 DU/A (density cap in CHHA) The Transmitted Density Rating System changes do show the AHDB being added to the Urban Residential Fringe Subdistrict, on a limited basis, and to the RLSA. However, these changes are simply a matter of re-formatting of the Density Rating System. The existing Density Rating System already allows this density bonus in the Urban Residential Fringe Subdistrict and in the RLSA. Text as Transmitted: 3~. Affordable-workforce Housing Bonus: [Revised text, page 37] To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2-:l--+ 2.06.00 of the Land Development Code, Ordinance #'91 102 04-41, as amended, adopted June 22, 2004 and effective October 3G 18, .:t-99-+ 2004). In the Urban C03stol Fringe Subdistrict Coastal High Hazard Area, projects utilizing the Affordable-workforce Housing Densitv Bonus projects must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. and such projects cannot exceed the Coastal High Hazard Area cap of four dwelling units per acre. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable-workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 2-:l--+ of the Land Development Code. Text as proposed for Adoption: 3~. Affordable-workforce Housing Bonus: [Revised text, page 37] As used in this densitv bonus orovision. the term "affordable" shall be as defined in Chaoter 420.9071. F.S. To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the gefiRitisRs lilR9 requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2-:l--+ 2.06.00 of the Land Development Code, Ordinance #'91 102 04-41, as amended, adopted June 22, 2004 and effective October 3G ~, .:t-99-+ 2004). and if the affordable-workforce housina units are taraeted for families earnina no areater than 150% of the median income for Collier Countv. In the Urb3n C03st31 Fringe Subdistrict Coastal High Hazard Area, projects utilizing the Affordable-workforce Housing Densitv Bonus projects must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. and such proiects cannot exceed the Coastal High Hazard Area cap of four dwellino units per acre. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable-workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 2-:l--+ of the Land Development Code. Obiection: GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8slisl@ stFlisl. tllrsligft are deleted - Adoption Text. - 43- 2. The intensity standards for non-residential uses in the GoodlettelPine Ridge Commercial Infill Sub-district specified on page 42 are based on "gross leasable area"; the correct reference should be "gross square feet", since state guidelines for development, for example in a development of regional impact, require gross square feet. [163.3177(6)(a), and 9J-5.006(3)(c)1.,] Recommendation: Revise the provision to replace the term "gross leasable" with "gross square feet". COLLIER COUNTY RESPONSE: This Subdistrict is not new, rather is simply being relocated within the FLUE from the Urban Mixed Use District to the Urban Commercial District. It was originally adopted on February 23, 1999 by Ordinance No. 99-15 (petition CP-98-1) and was subsequently found to be "in compliance" with F.S. by DCA. The site was subsequently rezoned to the Pine Ridge Commons PUD on December 14, 1999 by Ordinance No. 99-94 (petition #PUD-99-24) approving a maximum of 275,000 square feet gross leasable area (select portions of PUD attached). Two Site Development Plans for the site have been approved for a total of 82,143 sJ. (SDP-2001-501, Pine Ridge Commons, approved 1/14/2002, for 38,150 s. f. of commercial use; and, SDP-2002-2347A, Magnolia Square - Fast Track, approved 6/28/2002, for 43,993 sJ of office use), and one SDP is pending (SDP-2006-AR-9098, Magnolia Sq. - Partner's Bank, for 6,000 s.f. bank). An office complex at the northern end of the site has already been constructed and has been occupied for about three years. An access road leading from Goodlette Road to Pine Ridge Middle School, bisecting the site, was constructed a few years ago. The balance of the site is presently under construction - site clearing has occurred, infrastructure is being constructed/installed, and several buildings have been erected though not CO'd. Simply put, because of the existing development approvals and actual development of lands within this subdistrict, changing the GMP to list the "correct" term for allowable square feet will have no impact upon the amount of building area actually constructed. However, doing so would result in an inconsistency between the building area listed in the subdistrict and the building area approved in the PUD zoning and subsequent site plans since a "gross square feet" figure of 275,000 sJ. results in less than that amount of "gross leasable area." Additionally, staff notes that four other GMP amendments have been approved establishing a subdistrict that used a similar term ("gross leasable floor area") as in the Goodlette/Pine Ridge Commerciallnfill Subdistrict; all were subsequently deemed "in compliance" by DCA (Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Ordinance No. 2001-12, approved May 12, 2001; Henderson Creek Mixed Use Subdistrict, Ordinance No. 2002-24, approved May 14, 2002; Davis Boulevard/County Barn Road Mixed Use Subdistrict, Ordinance No. 2005-25, approved June 7,2005; Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Ordinance No. 2005-25, approved June 7, 2005). Text as Transmitted: 12. Goodlette/Pine Ridae Commerciallnfill Subdistrict: [Renumbered from #9, Relocated from page 27, to after page 48.3, and, Revised text] This S&ubdistrict consists of 31 acres and is located at the northeast Quadrant of two maior arterial roadways, Pine Ridae Road and Goodlette-Frank Road. In addition to uses-Qenerally allowed in the Urban desianation. the intent of the Goodlette/Pine Ridae Commerciallnfill Subdistrict is to provide shoppina. personal services and employment for the surroundina residential areas within a convenient travel distance. The Subdistrict is intended to be compatible with the neiahborina Pine Ridae Middle School and nearby residential development GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 88uslB strUBle HW8Ug\:l are deleted - Adoption Text. - 44- and therefore. emphasis will be placed on common building architecture. signage. landscape design and site accessibility for pedestrians and bicyclists. as well as motor vehicles. Access to the Goodlette/Pine Ridge Commercial Infill Subdistrict may feature a signalized traffic access point on Goodlette-Frank Road. which mav provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within the Subdistrict will be limited to single-story retail commercial uses. while professional or medical related offices. including financial institutions. may occur in three- stOry buildings. A maximum of 275.000 SQuare feet of gross leasable area for retail commercial and office and financial institution development may occur within this Subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 SQuare feet of gross leasable area on the south +/- 23 acres. No individual retail commercial use may exceed 65.000 SQuare feet of Qross leasable area. Unless otherwise reQuired by the South Florida Water Management District. the .87 +/- acre wetland area located on the northeastern portion of the site will be preserved. Text as proposed for Adoption: No changes - same as Transmitted. Its accompanying map will also be moved from page 32 to page 50.1. Objection: 3. The plan update does not include a projection of the amount of land needed by the County during the next planning timeframe, based on the projected population for the County, and the projected housing needs, upon which the Future Land Use map was prepared (see earlier objection in the CIE section). [Chapter 163.3177(6)(a), F.S.; and 9J-5.006(2)(c), F AC) Recommendation: Include with amendment a projection of the amount ofland needed to meet the future needs of the County during the next planning timeframe and upon which the Future Land Use Map is prepared. Also, include as part of the plan update the table of existing land uses at the time of the adoption of the EAR-based amendment. COLLIER COUNTY RESPONSE: Section 1.3 of the EAR, Extent of Vacant and Developable land (attached), identifies developed land and vacant developable land in Collier County, based upon 2004 Property Appraiser records using Florida Department of Revenue land use codes. Specifically, Figure 1.3-1 indicates :t81,OOO acres are developed (6% of Collier County land area) while :t352,OOO acres are vacant and developable (26%); the balance, 1,707,000 acres (68%), is vacant and undevelopable, much of which is owned by state and federal agencies for conservation/preservation purposes. Based on the April 1, 2004 permanent population estimate of 306,186, the amount of developed land per capita was 0.265 acres. Applying that ratio to the projected 2020 population of 587,918, the total land needs at 2020 are :t156,OOO acres, or an increase of 75,000 acres. The (September 2006) Planned Unit Development (PUD) list, attached, shows that 141,437 DUs are approved in PUD zoning in unincorporated Collier County and 76,229 of those are developed, leaving an inventory of 65,208 zoned but not yet built DUs in PUD zoning. Additionally, 11,000 DUs are approved in the Ave Maria stewardship receiving area (SRA), none of which are built. Combined, this yields >76,000 approved but unbuilt DUs in PUD GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words dBliol@ 8Wli@\( tkFBligk are deleted - Adoption Text. - 45 - zoning/SRA designation alone. The Draft 2005 Residential Buildout Study (attached), based upon existing development plus future development as allowed by the GMP (including the PUD inventory), projects a buildout population of 1 ,066,000 (~470,000 dwelling units). The 2005 population estimate (from the Bureau of Economic and Business Research at University of Florida) for Collier County is 317,788 and Collier County's 2005 estimate of DUs is 179,484. The 2003 Commercial Inventory reveals 4,564 acres in unincorporated Collier County, of which 2,743 acres are undeveloped (60%). Additionally, the city of Naples contains a significant amount of commercial, almost all of which is developed, including the Coastland Center Mall, a regional facility. The 2003 Industrial Inventory reveals ~4,880 acres in unincorporated Collier County of which +2,100 acres are undeveloped, leaving a balance of 2,780 vacant acres. Using the PUD list again, there are 3,292 acres of commercial approved in unincorporated Collier County but only 442 acres developed, leaving a balance of 2,850 acres of vacant PUD commercial lands. Additionally, future development within the Rural-designated areas of the county is not included in the commercial or industrial inventories. Commercial development is allowed - and required - in RLSA towns (e.g. Ave Maria), villages and hamlets, and Rural Fringe Mixed Use District Rural Villages, and light industrial uses are allowed (see the attached document "Attachment C, Collier County RLSA Overlay, Stewardship Receiving Area Characteristics"). Based upon the 2005 Buildout Study, >60% of the buildout population will lie east of CR/SR 951 (Collier Blvd.), mostly within these future towns, villages and hamlets, which will include additional commercial and industrial development beyond that listed in the 2003 inventories. With only a few exceptions, all future land use designations/districts/ subdistricts (and most zoning districts) allow parks, churches, schools, hospitals, utilities, nursing homes, safety service facilities, government facilities, etc. In short, the present GMP allows adequate land to support the projected population growth - and the necessary service, shopping, industry and employment needs of that population - within the ten year planning horizon and beyond. Obiection: 4. The EAR-based amendment does not include an update of the future conditions map and a Future Land Use Map for the next planning timeframe. Also, the map included that is labeled "Future Land Use Map" does not have the future timeframe for which it is intended (see earlier objection in the CIE section of the report). [Chapter 163.3177(5)(a), (6)(a); 9J-5.005(4), and 9J-5.006(4)(b), FAC] Recommendation: Revise the amendment to include a Future Land Use Map for the next planning timeframe. The planning timeframe should be clearly stated on the map. In addition, include a Future Land Use map series that covers all the relevant future conditions such as the location of existing and planned potable water wells and wellhead protection areas. COLLIER COUNTY RESPONSE: The title on the Future Land Use Map (FLUM) has been revised to add "2006-2016" to reflect the next ten-year planning period. The existing FLUM series map titled "Collier County Wellhead Protection Areas" has been revised as follows: 1) add location of proposed wellfields and ASRs (aquifer storage and recovery); and, 2) expand title by adding "and Proposed Wellfields and ASRs." The proposed wellfields and ASRs are as identified in the 2006 Water Master Plan, figure 7-3, Currently Planned New Supply Improvements Projects, figure 7-4, Currently Planned Reliability GMP ELEMENT: Words underlined are added; words struck th:ough are deleted - Transmitted Text. Words double underlined are added; words d8t1lll@ sirtlel. tM8t1gk are deleted - Adoption Text. - 46- Improvements Projects, and Chart 7-5, Required New Wells Through 2025 (all 3 attached). The Potable Water Sub-Element already contains maps identifying existing and proposed water treatment plants (Figure PW-2, Existing and Future Potable Water Service Areas), and existing well sites (Figure PW-3, Potable Water Treatment and Transmission Facilities). Four new FLUM series maps have been prepared, all of which were previously contained in the original 1989 FLUE, either as an adopted map and/or in the Support Document: FLUM - Rivers and Floodplains, FLUM - Estuarine Bays, FLUM - Soils, and FLUM - Commercial Mineral Extraction Sites. The listing of Future Land Use Maps at end of FLUE text revised to add "FLUM - Rivers and Floodplains Map, FLUM - Estuarine Bays Map, FLUM - Soils Map, FLUM - Commercial Mineral Extraction Sites Map." The FLUM series already includes a map of wetlands, titled "Collier County Wetlands," and the countywide FLUM already depicts the Coastal High Hazard Area. ELEMENTS WITH NO REVISIONS There are no revisions to the following elements since their Transmittal: Solid Waste Sub- element; Natural Groundwater Aquifer Recharge Sub-element; Intergovernmental Coordination Element; Golden Gate Area Master Plan Element, including Future Land Use Map and Map Series; Immokalee Area Master Plan Element, including Future Land Use Map; Marco Island Master Plan Element; and, Economic Element. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment does not adequately address and further the State Comprehensive Plan including the following goals and policies (Chapter 163.3177(9)(c) Water Resources Goal (7)(a), Policies (b)9., & 10., regarding the protection of ground water; Coastal and Marine Resources Goal (8)(a), Policy 6, pertaining to the protection of sensitive coastal resources; Natural Systems and Recreational Lands Goal (9)(a), Policy I, 7., regarding the protection of wetlands and marine resources; Land Use Goal (15)(a) and Policy (b)3., & 6., regarding the regulation ofland uses; Public Facilities Goal (17)(a) and Policy (b)6., regarding implementation of fiscally sound and cost- effective techniques for financing public facilities.; and Transportation Goal (19) and Policy (b )2., regarding the coordination of investments in travel corridor to enhance system efficiency and promotion of comprehensive transportation. Recommendation: Revise the proposed amendment, as indicated in the objections and recommendations of this report, in order to be consistent with the above goals and policies of the State Comprehensive Plan. COLLIER COUNTY RESPONSE: All recommended revisions have been made, or explanation provided for not doing so, and data and analysis has been provided. 7.28.06 ORC with CC Response to BCC G: ComprehensivelEAR Amendment ModificationslCCPC Adoption Rec. to BCC cs. dw/1-18.07 GMP ELEMENT: Words underlined are added; words struck through are deleted - Transmitted Text. Words double underlined are added; words 8EHtblO BtFWE!I( tltF8Wglt are deleted - Adoption Text. - 47- P/J~o/~~ ~~ ~~ 3301 East Tamiami Trail · Naples, Florida 34112. 4977 (239) 774-8097. Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle Governor Charlie Crist District 4 Office of the Governor Ji~ ?oletta The Capitol Dlstnct 5 Tallahassee, FL 32399-0001 January 26,2007 Dear Governor Crist: It is my pleasure and honor to recommend that you appoint Florida Department of Transportation District One Secretary Stan Cann as the next Transportation Secretary of the great State of Florida. Secretary Cann has served the Sunshine State in several capacities in his distinguished career, including his current position as District Secretary overseeing the transportation needs and desires in the twelve counties in southwest Florida that includes Collier County. His extensive experience working in both the public and private sectors in the transportation field, will prove most beneficial in developing transportation solutions that will serve Floridians for decades to come. Collier County has appreciated his candor and willingness to consider local concerns while balancing his role as the manager of regional and State transportation issues. While he has not always been able to address our issues, he has been fair and measured in his response. Collier County heartily endorses him for the next Secretary of the Florida Department of Transportation. , If you have any questions, please do not hesitate to contact me or any of my fellow commissioners in Collier County. We will be happy to assist. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Tom Henning, Commissioner, District 3 Frank Halas, Commissioner, District 2 Fred Coyle, Commissioner, District 4 Donna Fiala, Commissioner, District 1 Norman Feder, Transportation Administrator Janet Watermeier - Transportation Commissioner Mike Rippe, FDOT Johnny Limbaugh, FDOT r?l3owdo/~~ ~~ ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 January 26, 2007 Donna Fiala District 1 Frank Halas District 2 Tom Henning Th H bl G R' h District 3 e onora e arrett IC ter FredW. Coyle State Representative, District 76 District 4 3301 Tamiami Trail East, Suite 203 Jim Coletta N I FL 34112 District 5 ap es, Reference: Senate Bill 576 Dear Representative Richter: The Collier County Board of County Commissioners has become aware of Senate Bill 576 introduced by Senator Michael Bennett which would prohibit the collection of impact fees earlier than the date of issuance of a certificate of occupancy. The development of infrastructure must begin years in advance of issuing certificates of occupancy. Senator Bennett's bill would place an additional burden on County taxpayers by requiring they advance funds for the infrastructure. In November, 85% of the voters of Collier County made it clear they want to retain our concurrency system and growth management authority. If enacted, this proposed legislation will radically change the way impact fees are collected in Collier County. Currently a $180 million deficit exists in the 5-year road program. This action will add another $100 million to that deficit over the 5-year period and further exacerbate the problem. Additionally, this bill will have a direct and devastating effect on future homeowners. By changing the timing of the payment of impact fees, the fee changes from an upfront cost that can be included as part of a mortgage to a closing cost and immediate burden on the homebuyer. This seems to be a blatant attempt by the building industry to transfer costs and maintain profits in a languishing construction market. Collier County strongly opposes this bill. We ask that you take action to stop this and all other attempts to erode our home rule powers and interfere in our ability to effectively manage growth in Collier County. ames W. Coletta, Chairman Commissioner, District 5 Collier County Board of County Commissioners JWC:pas Cc: Jim Mudd, County Manager PJdomd o/~~ ~ownty ~~ 3301 EastTamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 January 26, 2007 Donna Fiala District 1 Frank Halas District 2 Tom Henning Th H bl M' 'k D . District 3 e onora e 1 e aVlS Fred W. Coyle State Representative, District 10 I District 4 3301 Tamiami Trail East, Suite 212 Ji~ <?oletta Naples FL 34112 Dlstnct 5 ' Reference: Senate Bill 576 Dear Representative Davis: The Collier County Board of County Commissioners has become aware of Senate Bill 576 introduced by Senator Michael Bennett which would prohibit the collection of impact fees earlier than the date of issuance of a certificate of occupancy. The development of infrastructure must begin years in advance of issuing certificates of occupancy. Senator Bennett's bill would place an additional burden on County taxpayers by requiring they advance funds for the infrastructure. In November, 85% of the voters of Collier County made it clear they want to retain our concurrency system and growth management authority. If enacted, this proposed legislation will radically change the way impact fees are collected in Collier County. Currently a $180 million deficit exists in the 5-year road program. This action will add another $100 million to that deficit over the 5-year period and further exacerbate the problem. Additionally, this bill will have a direct and devastating effect on future homeowners. By changing the timing of the payment of impact fees, the fee changes from an upfront cost that can be included as part of a mortgage to a closing cost and immediate burden on the homebuyer. This seems to be a blatant attempt by the building industry to transfer costs and maintain profits in a languishing construction market. Collier County strongly opposes this bill. We ask that you take action to stop this and all other attempts to erode our home rule powers and interfere in our ability to effectively manage growth in Collier County. ames.._ , Chairman . --_._---~ Commissioner, District 5 Collier County Board of County Commissioners JWC:pas Cc: Jim Mudd, County Manager fJJJrxvnlo/~~ ~~ ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 January 26,2007 Donna Fiala District 1 Frank Halas District 2 Tom Henning Th' H bl D 'd R' District 3 e onora e aVl IVera Fred W. Coyle S tate Representative, District 112 District 4 3301 Tamiami Trail East Suite 305 Ji~ ,?oletta Naples FL 34112 ' Dlstnct 5 ' Reference: Senate Bill 576 Dear Representative Rivera: The Collier County Board of County Commissioners has become aware of Senate Bill 576 introduced by Senator Michael Bennett which would prohibit the collection of impact fees earlier than the date of issuance of a certificate of occupancy. The development of infrastructure must begin years in advance of issuing certificates of occupancy. Senator Bennett's bill would place an additional burdel). on County taxpayers by requiring they advance funds for the infrastructure. In November, 85% of the voters of Collier County made it clear they want to retain our concurrency system and growth management authority. If enacted, this proposed legislation will radically change the way impact-fees are collected in Collier County. Currently a $180 million deficit exists in the 5-year road program. This action will add another $l 00 million to that deficit over the 5-year period and further exacerbate the problem. Additionally, this bill will have a direct and devastating effect on future homeowners. By changing the timing of the payment of impact fees, the fee changes from an upfront cost that can be included as part of a mortgage to a closing cost and immediate burden on the homebuyer. This seems to be a blatant attempt by the building industry to transfer costs and maintain profits in a languishing construction market. Collier County strongly opposes this bill. We ask that you take action to stop this and all other attempts to erode our home rule powers and interfere in our ability to effectively manage growth in Collier County. oletta, Chmrm ommissioner, District 5 Collier County Board of County Commissioners JWC:pas Cc: Jim Mudd, County Manager PlJoanfo/~~ ~oumt;; ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 January 26, 2007 Donna Fiala District 1 Frank Halas District 2 Tom Henning Th H bl T d' W'll' District 3 e onora e ru 1 1 lamS FredWCoyle State Representative, District 75 District 4 12811 Kenwood Lane, Suite 212 ~~tZ~I~tta Fort Myers, FL 33907-5648 Reference: Senate Bill 576 Dear Representative Williams: The Collier County Board of County Commissioners has become aware of Senate Bill 576 introduced by Senator Michael Bennett which would prohibit the collection of impact fees earlier than the date of issuance of a certificate of occupancy. The development of infrastructure must begin years in advance of issuing certificates of occupancy. Senator Bennett's bill would place an additional burden on County taxpayers by requiring they advance funds for the infrastructure. In November, 85% of the voters of Collier County made it clear they want to retain our concurrency system and growth management authority. If enacted, this proposed legislation will radically change the way impact fees are collected in Collier County. Currently a $180 million deficit exists in the 5-year road program. This action will add another $100 million to that deficit over the 5-year period and further exacerbate the problem. Additionally, this bill will have a ~irect and devastating effect on future homeowners. By changing the timing of the payment of impact fees, the fee changes from an upfront cost that can be included as part of a mortgage to a closing cost and immediate burden on the homebuye:r. This seems to be a blatant attempt by the building industry to transfer costs and maintain profits in a languishing construction market. Collier County strongly opposes this bill. We ask that you take action to stop this and all other attempts to erode our home rule powers and interfere in our ability to effectively manage growth in Collier County. JWC:pas Cc: Jim Mudd, County Manager Pl30wd o/~oIkw ~ownty ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 January 26, 2007 Donna Fiala District 1 Frank Halas District 2 Tom Henning h d District 3 T e Honorable Burt Saun ers Fred W. Coyle State Senator District 4 3301 Tamiami Trail East Suite 304 Jim Coletta N I FL 34112 ' District 5 ap es, Reference: Senate Bill 576 Dear Senator Saunders: The Collier County Board of County Commissioners has become aware of Senate Bill 576 introduced by Senator Michael Bennett which would prohibit the collection of impact fees earlier than the date of issuance of a certificate of occupancy. The development of infrastructure must begin years in advance of issuing certificates of occupancy. Senator Bennett's bill would place an additional burden on County taxpayers by requiring they advance funds for the infrastructure. In November, 85% of the voters of Collier County made it clear they want to retain our concurrency system and growth management authority. / If enacted, this proposed legislation will radically change the way impact fees are collected in Collier County. Currently a $180 million deficit exists in the 5-year road program. This action will add another $100 million to that deficit over the 5-year period and further exacerbate tne problem. Additionally, this bill will have a direct and devastating effect on future homeowners. By changing the timing of the payment of impact fees, the fee changes from an upfront cost that can be included as part of a mortgage to a closing cost and immediate burden on the homebuyer. This seems to be a blatant attempt by the building industry to transfer costs and maintain profits in a languishing construction market. Collier County strongly opposes this bill. We ask that you take action to stop this and all other attempts to erode our home rule powers and interfere in our ability to effectively manage growth in Collier County. JWC:pas es . Co etta, Chairman Commi~sioner, District 5 Collier County Board of County Commissioners Cc: Jim Mudd, County Manager COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF' PUBLIC HEAlUNGS To: Clerk to the Board: PIeMe pIaee tbe followhl.u a: (i) xxx Normal legal Advertisemel1t (Display Adv..location. etc.) o Other: *****.*.**......*.....**.....*..............*.....................................*....................... Originating DeptI Div: Comm.Dev.ServJComprehcmsive Planning Person: Marcia R. Kendall Date: 01/0512007 Petition No. (lfnone. Jive brief description): EAR-Based Amendments Adoption Cycle Petitioner: (Name & Address): N/A Name & Addras ofany persoD(s) to be notified by Clerk's Office: (Ifmore space is needed, ittacb separate sheet) N/A Hearing before XXX BCC BU Other Requested Hearing date: J~ 25.2007 Based on advertisement appealing 10 and S days prior to hearing date. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other o Legally Required IU:- 06 Department Director Date County MlIIl8ger Date List AUacbments:. DISTRIBUTION INSTRUCTIONS A. For Ilea..... before BCC or BZA: 18lt1atlq perIOIl to complete one coy and obtain Dlvilion Head approval before -baatttIna to County Manapr. Note: U Iepl doeIIlDent IIl8volved, be I1Ire that ..y neeeaury lea" review, or request for "IDe. II IUInBItted to Conty Attoney betbre .abl8lttl8a to Couaty Manapr. The Manapr'. omee will dlstrlbllte eoples: . o County Mauger .eada file: to Clerk', 0ft'Iee o RequestiD& DIvIIIon o 0rIIIna1 B. Other bearings: Initiating Division bead to approve and submit original to ctezk.s Office, retaining a copy for file. ......*.............................*..*................*.*...*******......***..**.....**..****.......*.... FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: _ Date Advertised: January 25, 2007 Board of County Commissioners Public Hearing Advertisina Reauirements Please publish the following Advertisement and Map on Sunday. January 14. 2007 and Fridav. January 19. 2007. and furnish proof of publication to Ms. Marcia Kendall, Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 334104. The advertisement must be a full page ad and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Thursday, January 25,2007 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F.) Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinances, 2006 EAR-Based Amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDMING THE CAPITAL IMPROVEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SANITARY SEWER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FORAN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE POTABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SOLID WASTE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDNG FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE NATURAL GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE RECREATION AND OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY DELETING THE MARCO ISLAND MASTER PLAN AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES FROM THE GROWTH MANAGEMENT PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE ECONOMIC ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FORAN EFFECTIVE DATE. The purpose of the hearing is to consider the Adoption of the 2006 Growth Management Plan EAR-Based Amendments in response to the Objections, Comments, and Recommendations Report of the Department of Community Affairs (DCA), according to the procedures and criteria outlined in Section 163.3191, Florida Statutes. All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan EAR-Based Amendments are available for inspection at the Collier County Clerk's Office, 4th floor, W. Harmon Turner Building (Bldg. F) Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Suite 400, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, or on the following web site link: www.collieroov.netlcompplanninQ/Qmp. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to January 25,2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , CHAIRMAN DWIGHT E. BROCK, CLERK By: IslPatricia Morgan Clerk (SEAL) T 46 S T 47 S '<t "" a: ::II .... c: u.J ::::J nI "" 0 "'C "" U "" '- '- 0 W - .- \L u.J - - N 0 "" "" U ;;; "" T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S 00 N a: IJI u.J r- '" a: u.J co N "" U'> '" a: C ul( oJ \11 ( CO o 'I I ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan CAPITAL IMPROVEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ^/MARJORIE M. STUDENT^STIRLlNG ~~,. ~SSISTANT COUNTY ATTORNEY 2007 CAPITAL IMPROVEMENT ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed TRANSPORTATION ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan TRANSPORTATION ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the TRANSPORTATION 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 TRANSPORTATION ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE SANITARY SEWER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACIL TIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ,/ MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review did make written objections to the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAI RMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ARJORJE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the DRAINAGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: / MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILlTES ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY TH~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: \ " SECTION ONE: ADOPTION OF AMENDMENTS TO THE SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ ~rr'aJaA.l g ~ m. /kt AhA - f)U~ MARJ RIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier 1 County, Florida. The Collier County Growth Management Plan NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~A~A'l~O{1. !J;rLulid -/J;U/lj~ MARJ RIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the HOUSING ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed HOUSING ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the HOUSING ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the HOUSING ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan HOUSING ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the HOUSING 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ? MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 HOUSING ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE RECREATION AND OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan on January 25, and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE RECREATION AND OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan RECREATION AND OPEN SPACE ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the RECREATION AND OPEN SPACE 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: #i,IIARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 RECREATION AND OPEN SPACE ELEMENT 2 ORDINANCE NO. 07- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the CONSERVATION AND COASTAL MANAGEMENT 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _$ MARJORIE M. STUDENT-STIRLING ~'\' ASSISTANT COUNTY ATTORNEY 2007 CONSERVATION AND COASTAL MANAGEMENT ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan INTERGOVERNMENTAL COORDINATION ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the INTERGOVERNMENTAL COORDINATION 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -(0Yi~0JI"~~~ MARJ IEM.STU ENT-STIRLlNG U ASSISTANT COUNTY ATTORNEY 2007 INTERGOVERNMENTAL COORDINATION ELEMENT 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan FUTURE LAND USE ELEMENT FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: / MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 16, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE ARE MASTER PLAN FUTURE LAND I USE MAP AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: '~~T~~~ ASSISTANT COUNTY ATTORNEY 2007 GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE ARE MASTER PLAN FUTURE LAND USE MAP 1 AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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 adpption 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: lJ}J~~LcO?l ,~pd-,Ot-~~ MAR RIE M. ST DENT-STIRLING U ASSISTANT COUNTY ATTORNEY 2007 IMMOKALEE AREA MASTER PLAN AND IMMOKALEE ARE MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES. 2 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY DELETING THE MARCO ISLAND MASTER PLAN AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES FROM THE GROWTH MANAGEMENT PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendment to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 THE DELETION OF THE MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN 1 FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan MARCO ISLAND MASTER PLAN ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv. 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 0Y1~ m ~~-~ MARJ IE M. STU ENT-STIRLlNG ASSISTANT COUNTY ATTORNEY 2007 MARCO ISLAND MASTER PLAN AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 2 ORDINANCE NO. 07- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ECONOMIC ELEMENT; BY PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the ECONOMIC ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed ECONOMIC ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the ECONOMIC ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the ECONOMIC ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan ECONOMIC ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the ECONOMIC 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv. 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 0l10~AJ~Oh'~L{d -~ MAR RIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 ECONOMIC ELEMENT 2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) To: Clerk to tbe Board: Please place tbe following as a: xxx Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Dept/ Div: Comm.Dev.Serv./Comprehensive Planning Person: Marcia R. Kendall Date: 01/05/2007 Petition No. (If none, give brief description): EAR-Based Amendments Adoption Cycle Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing date: January 25. 2007_ Based on advertisement appearing 10 and 5 days prior to hearing date. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), ifany & proposed hearing date: N/A vertising cost? x Yes 0 No If Yes, what account should be charged for advertising costs: Department Director /ZrJ:-. 0 ~ Date Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure tbat any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribute copies: o County Manager agenda me: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE US~L Y: I J":\ r-L...,..., I J.. ) Date Received: S- JD '-1- Date of Public hearing: ~ Date Advertised: -1.fIi- + '/l9 January 25, 2007 Board of County Commissioners Public Hearing Advertisina Reauirements Please publish the following Advertisement and Map on Sunday. January 14.2007 and Fridav. January 19. 2007. and furnish proof of publication to Ms. Marcia Kendall, Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 334104. The advertisement must be a full page ad and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. il-T46ST I i I I T4-s's-i T 49 S T 52 S T 47 S T 50 S T 51 S m:NMUdR ~U"ilO,-J lGl;'(l ,- , t' "" "" a:: "" "" :JI .... ~ :J o U I'D "C '- o - u. a:: N <"'> '- W .- - - o u a:: ;; a:: LJ.J CJ M '," c:.. a:: ~ "' LJ.J ~, 6:: .':Jc; en N a:: co N a:: ~ I t'J f~ ():) 1] 1 LJ.J ..... N a:: co N a:: ..,., N a:: c'Ulf of . . () ,vfc.r1C o T 53 S z ~ o u o cr ~ ::i. EAR-Based Amendments Adoption Cycle Ad Page 2 of2 To: Teresa L. Dillard Subject: RE: EAR-Based Amendments Adoption Cycle Ad Don't forget to include the new Chairman when one is determined. Believe that's on January 9,2007. Thank you. Marcia R. Kendall, Senior Planner Comprehensive Planning Department Phone 239-403-2387 Fax: 239-213-2946 Email: malr~lCJkenrjC1I/@90Ilier9-oY.rret "To Exceed Customer Expectations" -~~'~~'_'~'~~~,~~~~~",~_"",~~_~.~W_,",C~~~__',_,~"C_'~'__V~'~H~_C"'^"'_~_H~~'m~~~~_~~"""__~~_~'=N',>~H~_~_'V~~~~~A'_"~~_",,__~ From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us] Sent: Friday, January 05, 2007 4:51 PM To: kendalLm Subject: EAR-Based Amendments Adoption Cycle Ad Would you be able to email the EAR-Based Amendments Adoption Cycle ad tome. So I can forward it to NDN with all the info. Thank you Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Dillard@clerk.collier. fl. us) 1/8/2007 '__~"~~_"""___._.,__...._,__._"_d_' . _k-._..~",,_~~~,,__u,_,,_._",_ EAR-Based Amendments Adoption Cycle Ad Page 1 of2 Teresa L. Dillard From: kendall_m [MarciaKendall@colliergov.net] Sent: Monday, January 08, 2007 11 :27 AM To: Teresa L. Dillard Subject: RE: EAR-Based Amendments Adoption Cycle Ad Attachments: Collier_8x11_Ad_Map.pdf Please find attached map above, as requested. As for the back up to the Ordinance, the elements are not ready to be released. As soon as they are made available to me, I will forward them to you, accordingly. Otherwise, the ordinance itself will have to be the back up for the ad, Hope this will suffice, as I have no other recourse. Marcia R. Kendall, Senior Planner Comprehensive Planning Department Phone 239-403-2387 Fax: 239-213-2946 EmaiJ: marc;LakeUJiall@S;9/1LergOv.net "To Exceed Customer Expectations" From: Teresa L. Dillard [mailto:Teresa.Dillard@clerk.collier.fl.usJ Sent: Monday, January 08, 2007 10: 12 AM To: kendall_m Subject: RE: EAR-Based Amendments Adoption Cycle Ad Thank you, I also need the map emailed. Could I also get the hard copy of the exhibits sent to us to go with the ad. Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Di lIard@Clerk.collier. fl. us) From: kendalLm [mailto:MarciaKendall@colliergov.netJ Sent: Monday, January 08, 20077:29 AM 1/8/2007 EAR-Based Amendments Adoption Cycle Ad Page 1 of3 Teresa L. Dillard From: kendall_m [MarciaKendall@colliergov.net] Sent: Tuesday, January 16, 2007 10:44 AM To: Teresa L. Dillard Subject: RE: EAR-Based Amendments Adoption Cycle Ad Teresa, Unfortunately no, they are not ready yet. We are having to incorporate changes made from four separate hearings by the Planning Commission in order to deliver to the BCC a week prior to hearing. As soon as they are made available to me, I will forward to you. Their hearing is scheduled for January 25,2007, and we anticipate forwarding to BCC by COB on January 18, 2007, which is only a couple days away. Marcia R. Kendall, Senior Planner Comprehensive Planning Department Phone 239-403-2387 Fax: 239-213-2946 Email: "larciflJsenc1f1I/@~oll&:rg91.l.nf71 "To Exceed Customer Expectations" From: Teresa L. Dillard [mailto:Teresa.Dillard@clerk.collierJI.us] Sent: Tuesday, January 16, 20079:11 AM To: kendall_m Subject: RE: EAR-Based Amendments Adoption Cycle Ad Trish wanted me to check to see if the exhibits were ready since the ad ran on Sunday. Thanks Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa.Di Ilard@clerk.collier.fl.us) From: kendall_m [mailto:MarciaKendall@colliergov.net] Sent: Monday, January 08, 2007 11:27 AM To: Teresa L. Dillard Subject: RE: EAR-Based Amendments Adoption Cycle Ad 1/16/2007 January 8,2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: EAR- Based Amendments Adoption Cycle Dear Legals: Please advertise the above referenced notice on Sunday, January 14,2007 and Friday, January 19, 2007. In addition, kindly send the Affidavit of Publication, in triplicate together with charges involved, to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O./Account # 111-138317-649110-00000 January 25, 2007 Board of County Commissioners Public Hearing Advertisina Reauirements Please publish the following Advertisement and Map on Sunday. January 14. 2007 and Fridav. January 19. 2007. and furnish proof of publication to Ms. Marcia Kendall, Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 334104. The advertisement must be a full page ad and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. ^~_,--,"~."'.____.~..__H" ''''-'-''-""'-'_''''_~'~''_'''_~''_'''_'''''~''''''"'''_''''''__~___"."".._,_;"_.~"_,,__,, 0 NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Thursday, January 25, 2007 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F.) Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinances, 2006 EAR-Based Amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SANITARY SEWER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE POTABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SOLID WASTE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDNG FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE NATURAL GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE RECREATION AND OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY DELETING THE MARCO ISLAND MASTER PLAN FROM THE GROWTH MANAGEMENT PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ECONOMIC ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. The purpose of the hearing is to consider the Adoption of the 2006 Growth Management Plan EAR-Based Amendments in response to the Objections, Comments, and Recommendations Report of the Department of Community Affairs (DCA), according to the procedures and criteria outlined in Section 163.3191, Florida Statutes. All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan EAR-Based Amendments are available for inspection at the Collier County Clerk's Office, 4th floor, W. Harmon Turner Building (Bldg. F) Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Suite 400, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, or on the following web site link: www.collierqov.netlcompplanninq/qmp. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to January 25,2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/T eresa Dillard Clerk (SEAL) -_._--,.,._-"'~'''''''''"-,._~----_.._~~ r------___.___.______~~______.___~__.~_._ ._, ~._---~------.-----------._-- .--- ~ ------------------------1 , ,,! " IJ\ JO J)Il:) , C n r- c o Ie -,:: '-,--< n " ~ ,y, .~ / .~, c, ~ i , .'--...-- S,P - ':'1 -~ f---' <: ~ ,--- I ~ l~_______~____ ______________..________ __~___.____ ::-!':;.)""A;:'C' CU,t;T. ~~~-_--L~~~__,__~_l~_. L_~_~_ i S 61> 1 's BI> 1 I S L I> 1 ---------'-------~-.--_I.--__~ ~CO~H~rY ~ \ !r ;, , I .' i I' /. I /:/ , )c ./' I n n ,,' ~ c;, HE'lOR,' C:)~;N T ; n 0 - "1\ - -. - 1ft 0 ., ., n Q. 0 II I: ::J r+ Ie S 91> 1 s p - ';:9 ",i I ~I ml '" '" a:> m I ---I i I I :zl ' ~I J '" '" CD ~ ::z:r '" <0 m ::z:r w <=> m '" ~ m -I ::z:r w '" m '" w w m '" w .... I I LJ .--'-'~-"'--~-'--,-_"_.__<___n~~______ ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan CAPITAL IMPROVEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv, 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ^^r(lYMARJORIE M. STUDENT-STIRLING ~'" . ~SSISTANT COUNTY ATTORNEY 2007 CAPITAL IMPROVEMENT ELEMENT 2 CapitallmprCNement Element to see for Adoption 1-17-07 EXHmIT "A" CAPITAL~ROVEMENTELEMENT GOALS, OBJECTIVES AND POLICIES GOAL I: [Renumbered text, page 2] TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1.1 (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): [Revised text, page 2] Identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are is needed in order to achieve and maintain the standards. Policy 1.1.1: (Renumbered and revised text, page 2] The County shall establish standards for levels of service for two categories of public facilities, as follows: Category ^ p ~blic facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. The standards for levels of service of Category A County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of Category A public facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. Category B public facilities are faeilities f-or the Comity's Jil:>rary, jail, and emergeooy medieal servioos. The standards for levels af service of Category B ~ie facilities shall apply to the County's &r.nual budget, but BOt apply to development orders issued by the County. Public facilities shall include land, structures, the initial furnishings and equipment (iooluding ambulances, fire apparatus, and Jil:>rary ooDeetion materials), design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. Words underlined are added; words &trlolGk thr9lo1gh are deleted. 1 Capitallmprovemenl Element to sec for Adoption 1-17-07 Policy 101.2: 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 determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. B. The Board of County Commissioners will shall review all rezone petitions reEtUests, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide Couaty '.Vide density or intensity of permissible development,. with consideration of their impact on both the variable liD" in the formula Q = (S x D) - I, and the overall road".':ay County transportation system. The Board COUlity Commission shall not approve any such petition or application rezone reEtUest, 8R.\ designation, oonditioaal use petition, or FLUE aHlenameflt, that which significantly impacts either: (1) a deficient roadway segmeflt; or (2) the HERR (Bureau ofEooaomie and Business R-esearch at the University of Florida) high raage gro".vth rate population projeetions through the fi,'e years of the &r.nuaUy updated CllIJital Impro'lemeRt P}M, on a continuously rolliftg basis, aDd then 95% of the HERR high range growth rate thereafter, f-or the variable "D", unless ODe of the following simultaBceusly ooeurs: (1) a deficient roadway 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 population projections. for all public facilities. for the variable "D". unless one of the three items listed below simultaneously occurs: W:- Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; (h} The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; W:- The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand( s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element. Words underlined are added; words &trysk ttlf9ygh are deleted. 2 Capilallmprovement Element to BCC for Adoption 1-17-07 C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased countywide COUBty Wide population greater than ~ 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 ~ 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 determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to allltmits limitations and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make fmancially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is detennined to be needed as a result of any of the factors listed in Section B and 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. The terms, "~'eighted" and "peak" used when referriftg to population figures are eKplained in the Annual Update B.fld Inventory report (:\UIR). Population definitions as used in this Capital Improvement Element and other elements are explained provided below. Permanent Population is the population proiection figure based on Bureau of Economic and Business Research at the University of Florida (BEBR) high medium range growth rate ;o~ulation :ojtctions throogh the first five years of the lUlfM:lally upEiated Capital Improvemen.t I -., on a n!"ooousIY rolling basis, and then 95 pereen.t of the BEBR high range groVlth rate population projeetiefts thereafter. The ~t population projection figure is then converted from April 1 to October 1. which is the beginning of the fiscal year for Collier County. Words underlined are added; words stnl6k U1FSI,tgR are deteted. 3 Capilallmprovemenl Element 10 see for Adoption 1-17-0] Peek Seasonal population is the pefIBftfteBt BEBR population figure (described above) converted to its October 1 figure. increased by ~ 20% for all areas of the County exoopt Immekalee, to reflect the increase of seasonal part-time residents and visitors, based on 2000 U.S. Bureau of the Census Oooupaneyl'l aeana)' data, gasoliae sales data, retail sales data, and hotel/motel OOOtlpftftcy rates, and iBGf-eased by 15,000 persons for Immekalee, to rdled the increase of agriemwre related part time residems. Weighted N/ersge PepulatieB is 67% of the permanent population figure (deseribed above), plus 33% of the peak population figllre ( deseribed above) to refled a four ( 4) moath dttratioB seasonal iMlux of part time residents. Unincoroorated Area Weighted Average Seasonal PODulation is 67% of the permanent seasonal population figure (described above) for unincorporated Collier County only. plus the 33% peak population figure (deseribed abo'le) CountyvAde, adjusted to represent how seasonal residents utilize certain park facilities differently. Policy 1.1.3: [Renumbered text, page 4] The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. Policy 1.1.4: (Renumbered and revised text, page 4] Public facility improvements '.vitma a category are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of the this Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: 1. previously approved development orders permitting redevelopment, 2. previously approved development orders permitting new development, 3. new development orders permitting redevelopment, and 4. new development orders permitting new developments. D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. Words underlined are added; words GtnlElk U1FEll:lgh are deleted. 4 CapitallmprO\/ement Element 10 BCC for Adoption 1-17-07 E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. Policy 1.1.5: (Renumbered and revised text, pages 5 and 6] The standards for levels of service of public facilities shall be as follows: Category A Puhlie Faeilities M;'~ ~ oollootor roads, iR0wdiflg state Highways ROt OR the Florida Imrastate High...vay System FIHS) A.! Roadways: Al-:-1. Arterials and collector roads: Level of Service as indicated below on the basis of peak hour, traffic volume: Level of Service "E" on the following designated roads: Reeds Airpert PulliBg Rood GeldeR Gate Parkway GoodleUe Fmak Rood Goodlette Frank Road Pine Ridge Road YS-4l- Airpeft PulliBg Road Airport PolliBg Rood Davis Bellle...anl Golden. Gate Parkway LiviBgsteB Road Vooderbilt Beaeh R-oad Roads Airport-Pulling Road Davis Boulevard Golden Gate Parkway Goodlette-Frank Road Livingston Road Pine Ridge Road US41 Vanderbilt Beach Road FFem Pille Ridge Road Airport Pulling Road Pine Ridge Read GOldeR Gate ParkvlR)' YS-4+ Collier BOllle>lB:T-d YS-4l- Pille Ridge Road YS-4l YS-4l- G0lden. Gate Parkway YS-4+ From US41 US41 US41 US41 Radio Road US41 Collier Boulevard Gulfshore Drive ~ Gel_ Gate Parkway Santa Barbara Boole"/ard Golden. Gate Parkwa.y YS-4+ LegaB Boulevard Old US <I 1 Gel_ Gate Parkway \' ooderbilt Beaeh Rood Aiftlort PulliBg Road r.irport PolliBg Road Radio R-oad Gulfsher-e Dri.:-t'e To Vanderbilt Beach Road Airport-Pulling Road Santa Barbara Boulevard Pine Ridge Road Immokalee Road Logan Boulevard Lee County US41 Al-:-2. Level of Service "D" peak hour on all other County and State (Rot OR the FIHS) arterial and collector roads not on the Florida Intrastate Highway System (FIHS). Words underlined are added; words Gtnlek Ulreijgh are deleted. 5 Capital Improvement Element to sec for Adoption 1-17-07 ~ B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Highway System (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 TRANSmONING URBANIZED AREA C M C. County Surface Water Management Systems: ~ 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. ~2. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the DrainagelWater Management Sub-element of the Public Facilities Element. A4 D. County Potable Water Systems: -A4: 1. County systems~ County Water District = 185 gallons per capita per day Goodland Water District = 185 gallons per capita per day M2. 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 M3. Private potable water systems: Sewage flow design standards as identified in Policy -1-:-3.1 of the Potable Water Sub- element of this Growth Management Plan. AS E. County Sanitary Sewer Systems: ~ 1. County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = +00 120 gallons per capita per day Southeast Sewer Service Area = 100 and 120 gallons per capita per day Northeast Sewer Service Area = 120 and 145 gallons per capita per day East Central Sewer Service Area = 120 gallons per capita per day ~2. City of Naples = 145 gallons per capita per day in the unincorporated service area ~3. Private sanitary sewer systems: Sewage flow design standards as identified in Policy -1-:-2.1 of the Sanitary Sewer Sub-element of this Growth Management Plan. A6 F. County Solid Waste Disposal Facilities: Words underlined are added; words &trl:lsk thr91:1g1'1 are deleted. 6 CapitallmprO\/emenl Element to BCC for Adoption 1-17-07 Aft.: 1. Two years of constructed lined cell capacity at the average disposal rate for the previous five (5) three (3) years Aft.:2. Ten years of permittable capacity at the average disposal rate for the previous five ~ three (3) years. A+ G. County Parks and Recreation Facilities: ~1. Regional Park land = 2.9412 acres per 1,0OO/pop. (weighted) ~2. Community Park land = 1.2882 acres per 1,000/pop. (weighted unincorporated) ~3. Recreation Facilities = $2<10.00 $270.00 capital investment per capita Categery II P8hlie Faeilities: 111 County Librarj' Buildings: 0.33 square feet per e8.pita III County Library Colleaioa: 2.05 books per ~i:ta FY 10 IIJ County Jail: 0.0024 beds per oapita (2.4 beds per 1000 poptllatioa) B4 CeuAty Emer.geBey Medieal Serviee: .000068 EMS units per eapita (lUBit/15,OOO PopulatioH) liS CmlRty GeBeral Go>;emment Buildings: 1.9 :;qtti!f-e feet per (weighted) FIN."'.NCIhL FEf.80ULITY OBJECTIVE -b2 (FINANCIAL FEASmILITY): (Renumbered and revised tex~ page 7) Provide public facilities, as described in Policy 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 revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy -b2.1: [Renumbered and revised tex~ page 7] The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law,..aad which have BOt beeR rejeeted by referen.dum, if a refer-eB<:k.lm is required to eRRet a souree of re'len.ue. Policy -b2.1: [Renumbered and revised text, page 7] The estimated Capital expenditures for all neeeed public facilities shall not draw exeeed coaservative estimates of revenues from sources that are available to the Couaty pursuftftt to oorreat law, ftftd which have Bet been rejected by referendum, if a referendum is required to enact a source of revenue. Words underlined are added; words &tn:fsk tf:'lr9Ygh are deleted. 7 Capilallmproyement Element to sec for Adoption 1-17-07 Policy 1.2.2: (Renumbered and revised tex4 page 7] Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by future development but only as a last funding alternative where impact fees and other sources of revenue are insufficient to pay for the costs of facilities attributed to future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy 1.2.3: (Renumbered text, page 7] Policy 1.2.4: [Renumbered and revised text, page 7] Public facilities financed by non-enterprise funds (i.e., roads, surface water management, and parks and recreation), library, emergeooy medieal semee, aad jail shall be financed from current revenues and assets (pay as YO\:l go fifHmoing) and Revenue Bonds approved by the Board of County Commissioners. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital limprovements or for excess capacity. Policy 1.2.5: [Renumbered text, page 7] Policy 1.2.6: [Renumbered and revised text, page 8] The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy +:-1.5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. Policy 1.2.7: [Renumbered and revised text, page 8] The County shall continue to collect impact fees for Parks and Recreatioll; EMS and Library facilities requiring the same level of service standard as adopted in Policy +:-1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreatioll; EMS and Library improvements necessitated by such development. Policy 1.2.8: (Renumbered text, page 8] Policy 1.2.9: [Renumbered text, page 8] PUBLIC EXPENDITURES: COASTAL HICH HAZARD AREA Words underlined are added; words strl:lsk ttlr9l:lgh are deleted. 8 Capilallmprovement Element to BeC for Adoption 1-17-07 OBJECTIVE ...3 (pUBUC EXPENDITURES: COASTAL HIGH HAZARD AREA) [Renumbered and revised text, page 9] Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities, as described in Policy 1. 1 above. needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: maintenance of existing public facilities and beach renourishment. and may include beach. shore and waterway access. A ,t.L. Mainten8ftce of existing public facilities; B. Beach, shar~ &:Hd waterway aooess; c. Beach reaoorishmeflt. Policy "'3.1: [Renumbered and revised text, page 9] 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 arterial and collector roads. sanitary sewer service systems. potable water supply systems. surface water management systems. solid waste collection and disposal systems. natural groundwater aquifer recharge areas, and parks and recreation facilities. Policy 1-.3.2: Within the coastal high hazard area. =Fthe calculated needs for public facilities. as represented in the Schedule of Capital Improvements. will be based on the County's adopted level of service standards and projections of future growth allowed by the projections '.vithin the coastal high haard area.. The Future Land Use Element limits new resiaentiel developmem (thus obligatiofls for infrastructure expenditures) to a maximum of four dwelling units per gross aere 'Alithin portions of the ooastal high kamrd area. Policy "'3.3: [Renumbered and revised text, page 9] The County shall continue to iftsme support public that access to beaches, shores and waterways,,- remain ayailable to the public aOO 'J/ill de,..elop a program to ex:p8ftd tbe ayailability of sueh including fundiag options for a.cquisition PROVIDE NEEDED IMPROVEMENTS OBJECTIVE M (PROVIDE NEEDED IMPROVEMENTS): (Renumbered and revised text, page 10] The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements. as described in Policy 1.1 above. by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy M.I: (Renumbered text, page 10] Words underlined are added; words &tn:lGk ttlfeygl:1 are deleted. 9 CapitallmprlHemeol Elemenl 10 sec for Adoption 1-17~7 Policy M.2: [Renumbered and revised text, page 10) All Category .^... public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. Policy M.3: [Renumbered and revised text, page 10) The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. Pt"{)joots for \vbioo appr-opriatioRs have beeR made in the armual budget -,.viII ROt be removed onee they have beeR relied upon for the isstia:Bee of a final site de..'elopment pier., fiDal plat, or building permit. The COUflty shall ioolude iB the eapital appropriations of its amual budget additioRaI public faeility projects that conform to Policy 1.1.2 (B.2) and Policy 1.1.1 (C) and (E). Policy M.4: [Renumbered and revised text, page 10] The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of Category A public facilities to meet the standards for levels of service for existing population and the proposed development. No final site development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will lKlhieve meet or exceed the standards in Policy -h 1.5 Category A Public Facilities, and meet or exceed the requirements for Concurrency Management as outlined in the policies within Objective -h5 of this element are met. Policy M.S: Public facilities and services provided by Collier County with public funds in accordance with the 5 year Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundaries designated on Figure PW -1 and Figure PW -1. 1 "Collier County Water District Boundaries", and Figure PW-2 and Figure PW-2.1 "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-l and Figure SS-I.1, "Collier County Sewer District Boundaries", and Figure SS-2 and Figure SS-2.1, "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub-Element of the Public Facilities Element. Road improvements will be provided as designated in the Schedule of Capital Improvements appearing in the this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis. Policy 4.6 The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life. property, and re-building cost from the effects from hurricanes. flooding. natural and technological disaster events. Best practice efforts may include. but are not be limited to: a. Construction above the flood plain: b. Maintaining a pr-otective zone for wildfire mitigation: c. Installation of on-site permanent generators or temporary generator emergency connection points: Words underlined are added; words strusk through are deleted, 10 CapilallmprO\/emenl Element 10 sec for Adoption 1-17-07 d. Beach and dune restoration. re-nourishment. or emergency protective actions to minimize the loss of structures from future events~ e. Emergency road repairs: and. f. Repair and/or replacement of publicly owned docking facilities. parking areas. and sea walls. CONCURRENCY MAN~"'..CEMENT OBJECTIVE -lo5 (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 consistent with Chapter 163, Part II, Florida Statutes cmd Rule 9J 5.0055, Florida ;\~ministrative Code. shall ensure that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of Category A public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. Policy -lo5.1: (Renumbered text, page 11] Policy lo5.2: (Renumbered and revised text, page 11] The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System are ~ met: A. Compliance with anyone of the standards set forth in Policy -1-:-5.1 A, B and C is met; or B. At the time the final site development plan, final plat or building permit 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 C. The necessary facilities and services are guaranteed 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 lo5.3: (Renumbered and revised text, page 12] Words underlined are added; words stryek thrElygl'l are deleted. 11 C~~I~wem~tE~m~t 10 BCC for ~tion 1-17-07 The concurrency requirement of the Transportation Level of Service Standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or B. The necessary facilities and services are under construction or the contract for such facilities and services has been let awarded. accepted. and duly executed by all parties at the time a final site development plan, or final plat or building permit 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 year of said Schedule at the time a fiaal site development plan, fiaal plat or building permit is issued; or D. The necessary facilities and services are in the first or seeond year of under construction or under contract pursuant to a FDOT 5- Year Work Program at-the time a flaal site de\'elopmeat plan, final plat or building permit is issued; 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 requirements of Policies 5.~ through 5.&1 of the Transportation Element:-: 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~ of the Transportation Element, if applicable, or to construct the needed facilities~ identified in the Schedule of Capital Improvements. prior to the time a Certificate of Occupancy (C.O.) is issued for the first structure. G. A proportionate share agreement has been approved consistent with the adopted ordinance. Policy "'5.4: [Renumbered and revised text, page 12J The County shall continue to implement a Concurrency Management System, as identified in Division Sections ~ 6.02.02 and 10.02.07 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Words underlined are added; words struek through are deleted. 12 Capilallmprovement Element to sec for Adoption 1-17.-07 Management Plan and consistent specifically with the policies under Objective +:-5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. Words underlined are added; words stnlGk throl:lgh are deleted. 13 CapilallmprOllement Element to BeG for Adoption 1-17-07 REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENT A nON SCHEDULE OF CAPITAL IMPROVEMENTS [Revised text, page 13] The Schedule of Capital Improvements on the following pages will eliminate existing deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its estimate of protected cost during each of the next five fiscal years is shown in thousands of dollars (000). The month and year for actual commencement of construction and the month and year each project will be completed (in service) is are indicated. Each project in Category A is consistent with the level of service standards as identified within this element and the appropriate individual element of this Growth Management Plan. Eaeh projeet iA. Category B is ooAsisteRt \vith the level of service standards as ioeatified within this element. Ofltional elements '.",,-ere not developed for Category B facilities. Words underlined are added; words Gtruek tf:'lf9ugh are deleted. 14 GapilallmprOl/ement Element to BeG for Adoption 1-17-07 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 Capital Improvement Element will be achieved or exceeded. 1. Development Order Review As part of the review of all applications for final site development plans, final plats, and building permits, the County will determine whether or not there will be sufficient capacity of Category .^.. public facilities, as described in Policy 1. 1 above. to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders other than final site development plans. final plats. and building permits. for those having negative impacts on Category /\ public facilities other than final site de..elopment plans, final plats, building permits, the County will determine whether or not sufficient capacity of Category ''.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 Fees Impact Fee Ordinances will require the same standard for the level of service as is required by Policy -!-:-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 year. 4. Semi:annual Report The mandatory semi::annual report to the Florida Department of Community Affairs:: concerning amendments to the comprehensive plan due to emergencies, developments of regional impact~ and selected small developments:: will report OR identify changes, if any, to adopted goals, objectives and policies in the this Capital Improvement Element. 5. Update of Capital Improvement Element The monitoring of~ and adjustment to~ the this Capital Improvement Element is an ongoing process necessitated by changing conditions to meet the ehBBgiRg OOBditiofls IflHst be an oBgomg process. Beginning in no later than August December of each year, the element will be updated in conjunction with the County's budget process and the release of the official BEBR population estimates and projections. The update will include: -lA. Revision of population projections; 2B. Updates of facility inventory; 3-C. Update of unit costs; Words underlined are added; words strl:lsk thFel:lgh are deleted. 15 Capilallmprovement Element to BCC for Adoption 1-17-07 4D. Update of facilities requirements analysis to project 10 year needs (by fiscal year) in order to program projects to meet the service standards; E. Update of revenue forecasts in order to evaluate financial feasibility and the County's ability to finance capital improvements needed to meet the Service standards; 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 1 st; and, +G. Update of the public school and health facilities analysis. 6. Concurrency Management System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended. The system consists of the following components: A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities. as described in Policy 1. 1 above. compared to the standards for levels of service adopted in Policy -!-:-1.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecasts the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. +he Notwithstanding any other provisions in the this Capital Improvement Element. the annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of Category A. public facilities for the purpose of issuing development orders during the 12 months following the approval of the AUIR. The AUIR will go into effect immediately upon approval by the Collier County Board of County Commissioners. B. Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 6 to enforce the requirements of Policies +:5.1, +:5.2 and +:5.3 of this Element. C. Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. Words underlined are added; words GtA:JGk thFElygt;) are deleted. 16 CapilallmprO\lement Element 10 BCC for Adq>tion 1-17-07 D. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: 1. Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-Wide public facilities are applied to development orders based on levels of service throughout the County. 2. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas, 3. Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: a. annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service. 7. Seeootl S year Third Evaluation and Appraisal Report The required secoBd 5 year third Evaluation and Appraisal Report (EAR) will address the implementation of the goals, objectives and policies of the 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 forth 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. 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M .... 0'1 LLl ...J co <( I- ~ W Z ~ Cl ~ ~ < L) L) CD ., .~ ~ ~ ~ .., ~ < c:: ~ E 8 cj .~ 1 < ~ 8 CD .9 '" ~ ~ 0- B cr. i1i ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed TRANSPORTATION ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan TRANSPORTATION ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the TRANSPORTATION 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAI RMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: rlY 1"'~MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 TRANSPORTATION ELEMENT 2 Transportation Element to BeG for Adoption 1-17-07 EXHmIT "A" 1. Land Use Issues [Revised text, page 6] The Transportation Element is closely related to the Future Land Use Element. It has long been the pattern that the development of land necessitates improvements and expansion to the transportation system. The two elements are so closely tied, in fact, that changes or shifts in the land use patterns can drastically impact the performance of the roadway system. It is for that reason that the County requires most land development proposals (e.g., DR!, rezone and proyisional conditional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the recommending and approving authorities. As an alternative to this pattern of demand driving the transportation system improvements, the County has begun to explore ways to have the roadway system guide the patterns and densities of development. The County can determine the type of roadway system it wishes to maintain at the adopted level of service and then take steps to permit the type of land uses that will be consistent with that system. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the supply of the roadway system. The County has also recognized the importance of good site planning as it relates to a projec(s ingress and egress from the major roadway system. Inadequate control of access points, median openings and signalized intersections can accelerate the deterioration of the systems overall level of service just as fast as the increases in traffic volumes. The County has developed and adopted policies to control the number, location and type of access points to the road network. These policies are based on the Collier County Access Management Control Policy (Resolution No. 92-42) and follow-up Resolution No. 01-2461, and existing road and land use conditions, and are outlined in Section 4.04.02 ifl of the Land Development Code. ,^ill access management plan map exists for each mixed use aetivity cea-ter. The purpose of the aecess management plaBS is t-o minimize the atiYerse impacts to saf-ety, capaeity and operating conditions of the roacp-vays, while providiRg adequate access to those pr-operties. Access points OR state controlled roads are subjeet to approval by the Florida Department of Transportation. ale Marco Island Airport Impacts [Corrected numbering error, page 7] D. IMPLENTATION STRATEGY [Revised text, page 9] As part of the Transportation Element, the County established minimum acceptable level of service standards on the existing highway system. For County facilities, the level of service standard to be maintained is "D" or "E" as measured on a peak hour basis. Several County and State facilities have been given a minimum LOS "E" standard. Words underlined are added: words &trl:lGk tRrel:l~h are deleted. 1 Transportation Element to sec for Adoption 1-17-D7 To maintain the adopted LOS on roadways, the County has implemented a concurrency management regulatory program that ties issuance of development orders to the demonstration of adequate capacity on all roadway segments that would be significantly impacted by new development. In summary this program maintains an inventory of the following for each arterial and collector roadway segment: . Actual traffic on each segment as determined through an annual traffic counting program. . The peak hour service capacity as determined by engineering analyses performed by the Transportation Division, and . Capacity that will be used by new development for which a Certificate of Adequate Public Facilities has been issued. In order to prevent sudden unanticipated LOS failures, the County will adopted, v.ithin one year or seeBer, a "real time" "checkbook accounting" concurrency management process on February 11. 2004. See the Adequate Public Facilities Ordinance Requirements (DivisioB 3.15 Sections 6.02.00 and 10.02.07 of the Land Development Code) for details of this process. 1. Monitoring [Revised text, page 9] Division 3.15 Section 6.02.00 of the Land Development Code is also known as the Collier County Adequate Public Facilities Ordimmee (MFO) Requirements. It describes the annual count program done on County roads to determine their annual average daily traffic (AADT). It describes how the relationship between that AADT and the segment's adopted level of service (LOS) standard determines the road segment's level of service. The current levels of service at which road segments are operating are reported annually in the Annual Update and Inventory Report (AUIR). This report indicates which segments are operating at levels of service worse than their adopted standard LOS. It also contains predictions of when certain segments will reach levels of service that exceed their adopted standard LOS. Although traffic volumes are expressed as AADT, LOS calculations are done to ensure adequate levels of service. Peak season, peak hour traffic conditions are skewed in Collier County because of the heavy influx of seasonal residents and tourists. As such, it is deemed an inappropriate and unreasonable imposition on taxpayers to provide a roadway system designed for the peak of the peak season. Therefore, the LOS calculations are based on traffic conditions experienced for 10 months of the year with the peak seasonal and tourist months of February and March omitted from the analysis. Introduction: [New text, page 10,11] The Transportation Element establishes policies for the movement of people. goods. and vehicles throughout unincorporated Collier County. Collier County seeks to provide a multi modal transportation system that is safe. cost- effective to construct and maintain. accessible to all residents and visitors. energy- Words underlined are added; words strl:lGk thF9l:1~h are deleted. 2 T ransportalion Element 10 BCC for Adoption 1.17 -07 efficient. and capable of serving both existing and future travel demand. The County's transportation system must be compatible with and support the goals. objectives and policies of the Future Land Use Element and the other Elements of the Collier County Growth Management Plan (GMP). The Collier County Transportation Element meets the requirements of Chapter 163. Part II. Florida Statutes (FS). the "Local Government Comprehensive Planning and Land Development Act." and the Florida Department of Community Affairs Rule 9J-5.019. Florida Administrative Code (F AC). The County has coordinated this Transportation Element with the Long Range Transportation Plan of the Collier County Metropolitan Planning Organization (MPO). As noted above. the Transportation Element addresses the movement of people and goods around Collier County. This Element is comprehensive and far-reaching. addressing the variety of transportation modes available to Collier County residents. It also addresses a variety of transportation issues. The Element includes Obiectives and Policies related to the following topic areas: . Maintaining the County's major roadways at an acceptable Level of Service. . The commitment to making roadway improvements in accordance with a Five-Year Work Program. . The protection and acquisition of future rights-of-way (ROW). . Providing for the safe and convenient movement of pedestrians and non- motorized vehicles. . Coordinating the development of the transportation system with the Future Land Use Map (FLUM) of this GMP. . Coordinating the development of the transportation system with the transportation plans of neighboring jurisdictions. . Providing for safe and convenient access between adioining properties and enS\:l.ring encouraging safe and convenient traffic circulation within and between future developments. . Establishing and maintaining a "Checkbook" Concurrency Management System. . Developing and operating a Neighborhood Traffic Management Program. . Encouraging safe and efficient travel in rural areas of the County. . Maintaining County-owned airport properties and operations. . Encouraging the safe and efficient use of County transit services. GOAL -1-: [Renumbered text, page 11] TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOrn THE MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. Words underlined are added; words GtrYak tt:lreYQh are deleted. 3 Transportation Element to see for Adoption 1-17-07 OBJECTIVE 1: [Revised text, page II] The County will maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the Aannual Update and Inventory Report (AUIR) or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. Policy 1.1: [Revised text, page II] The County will annually adopt a Schedule of Capital Improvements~ covering a period 00 not less than five (5) years, which shall include those projects needed to maintain the County's roadway network at the adopted Level of Service standard. Policy 1.2: [Revised text, page II] The County shall annually appropriate the funds ffi for the ensuing fiscal year that are necessary to accommodate those phases of transportation improvement projects listed in the first year of the Fh'e Year Schedule of Capital Improvements. Programming decisions are shall be based on the :AHIR Concurrency Management System, and shall be annually incorporated in the Five Year Schedule of Capital Improvements. as contained in the Capital Improvement Element (CIE) of this Growth Management Plan. Policy 1.3: County arterial and collector roads as well as State highways not on the Florida Intrastate Highway System (FIHS) shall be maintained at Level of Service "0" or better as addressed in paragraph G 1 the Implementation Strategy of the Transportation Element except for the roadways listed below that have been widened to six (6) lanes and cannot be widened any further. The County will also adopt FOOT's LOS on roadway segments where the County has entered into a TRIP (a national transportation research group) agreement for funding-:- TRIP eligible facilities and SIS facilities are identified on Map TR-8 and Map TR-9. Level of Service "E" or better shall be maintained on the following designated roadways. Roads Airport-Pulling Road Davis Boulevard Golden Gate Parkway Goodlette-Frank. Road Livingston Road Pine Ridge Road US41 Vanderbilt Beach Road From US41 US41 US41 US41 Radio Road US41 Collier Boulevard Gulfshore Drive To Vanderbilt Beach Road Airport-Pulling Road Santa Barbara Boulevard Pine Ridge Road Immokalee Road Logan Boulevard Lee County US41 Words underlined are added; words &tn;lGk thFeI:l~h are deleted. 4 Transportation Element Airport Pulling Road Golden Gate Parkv;By Goodlette Fnmk Road Goodlette Frank Road Pine Ridge Road US 41 Airport Pulling Road Airport Pulling Road Dayis Boulevard Golden Gate Parkway Livingston Road Vanderbilt Beacfl Road to see for Adoption 1-17-07 Pine Ridge Road Airport Pulling Road Pine Ridge Road Golden Gate Parkway US 41 Collier Bouleyard US 41 Pine Ridge Road US 41 US 41 Golden Gate Parkway US 41 Golden Gate Parkway Sama Barbara Bouh~'/ard Golden Gate Park\vay US 41 Logan Bouleyard Old US 41 Golden Gate ParlC\yay Vanderbilt Beach Road Airport Pulling Road Airport Pulling Road Radio Road Gulfshore Drive Le';el of Serviee "D" or better shall be maintained on all other coumy and state arterial and oollector roads. The Collier County Transportation Division shall determine the traffic volumes that correspond to the different LOS thresholds on county roads. The Transportation Division shall install, as funds permit, permanent traffic count stations to better identify traffic characteristics of county roads. Based on the traffic count data the Transportation Division shall develop a financially feasible Roads component for the Capital Improvement Program of the crn. Policy 1.4: OBJECTIVE 2: [No change to text, page 12] [Revised text, page 12] The County will shall maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Policy 2.1: [Revised text, page 12] The County shall include in its Fi'/e Year Schedule of Capital Improvements (within the Capital Improvement Element) those projects identified in the Five (5) Year Work Program that are necessary to maintain the adopted Level of Service on the roads identified on the Five (5) Year Work Program County roadways. Policy 2.2: [Revised text, page 12] The County shall annually appropriate the funds necessary to implement those projects shown in the ffirst year) of the Five Year Schedule of Capital Improvements. Words underlined are added; words &trl:lGk thr:el:l~h are deleted. 5 Transportation Element to BeG for Adoption 1.17-07 OBJECTIVE 3: [Revised text, page 12] The County shall provide for the protection and acquisition of existing and future right~- of-ways based upon improvement projects identified within the Five Year Work Program and/or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long- Range Transportation Plan. Policy 3.1: [Revised text, page 12] The County has implemented and maintains an advanced Right-of-Way Preservation and Acquisition Program. Policy 3.2: [Revised text, page 12] The County shall continue to includes funding specifically earmarked for use in the advanced Ri:ht-of-wa: Acquisition Program in its annual Capital Improvement Element funding spe ifically arm;'ked for uSe in an advanced Right of Way f..eqHisition Program. Studies shall be conducted periodically to identify the long:range right-of way needs of the transportation system based on buildout. Following their,- completion of these studies, the Transportation Administrator will present a program of funding that includes actions necessary to protect and acquire needed right-of-way. Policy 3.3: [Revised text, page 12] The County shall acquire ~ sufficient amount of right-of-way to facilitate arterial and collector roads of no less than a cross section of six (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, &REi ~ shoulder sufficient for pull offs,. and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build-out will be less than the standard. Policy 3.4: [Revised text, page 13] Collier County shall acquire rights-of-way for transportation improvements in fee simple, unless otherwise determined appropriate by the BbG Board of County Commissioners based upon ~ recommendation effrom the Transportation Administrator. OBJECTIVE 4: [Revised text, page 13] The County shall provide for the safe and convenient movement of pedestrians; &REi motorized and non-motorized vehicles through the implementation of the Collier County Comprehensive Pathway~ Plan. Words underlined are added; words Gtrl:lok thFel:l~h are deleted. 6 Transportation Element to acG for Adoption 1-17-07 Policy 4.1: [Revised text, page 13] The County shall, incorporate the Collier County Comprehensive Pathway~ Plan into this Transportation Element by reference and shall periodically update the Pathways Plan as needed. Peliry 4.2: [Deleted text, page 13] The COUflty shall provide f-or support services, and resources '.vithin the Collier County Metropolitan Planning Organization to ooordinate the Bicyc1e/Pedestrian Program. Policy 4.~~: [Renumbered, revised text, page 13] The County shall provide an interconnected and continuous bicycle and pedestrian system by making constructing the improvements identified on the ~ 2030 Pathway Facilities Map series as funds permit. Policy 4.3: The County' s pathway~ construction program should be consistent with the Comprehensive Pathway~ Plan to the maximum extent feasible. The Pathway Advisory C:"tee shall, to the RloxilllURl ooent fuasible, provide reooRlRleadatiooo 00 the c . of projeets t-o be included in the pathway construetion program, and the order in which they are constructed. Policy 4.4: [Revised text, page 13] The County shall annually adopt a Five (5) Year Pathway~ Work Program.. which establishes pathway priorities, including projects to retrofit existing streets to accommodate bicycles and pedestrians. Policy 4.5: [Revised text, page 13] The County shall, to the greatest extent possible, identify state and federal funds and provide local funds for the implementation of the 5 Y ear Pathway~ Work Program. Policy 4.6: [Revised text, page 13] The County shall provide for the safe movement of non-motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate beth bike lanes, sidewalks and pathways.. as deemed appropriate.. in new construction and reconstruction of roadways. Policy 4.7: [Renumbered text, page 13] Words underlined are added; words &truElk tl'lFel:lQh are deleted. 7 Transportation Element to BCC for Adoption 1-17"()7 Policy 4.8: [Renumbered, revised text, page 14] The County shall follow the most current bicycle and pedestrian facilities design and construction standards.. as developed by the Florida Department of Transportation te-the extent vAtich is physically and safely possible. OBJECTIVE 5: [Revised text, page 14) The County will shall coordinate the Transportation System development process with the Future Land Use Map. Policy 5.1: [Revised text, page 14) The County Commission 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 density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any suek request petition or application that significantly impacts a roadway segment that is already currently operating and/or lli projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are also approved. Traffic analyses to determine whether a petition or application has significant project impact~ shall use the following to determine the study area: a. For GB links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds ~ 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds ~ 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds ~ 3% of the adopted LOS standard service volume. Policy 5.2: [No change to text, page 14) Policy 5.3:. [Revised text, page 14) In order to determine vestin;" where desired. all Tke Couaty oondueted a Traffic Impact ~ estiRg i~FBlBlioll RlWi.. ill 2003 Ie delem!ine fer pI8IlRiRg PUf\loses oBly' ~ ~.;. ftts IIl&Y be vested fer OO"".........Y. No legol EletenRillBlioll ofveotetl- fer ~ s v;as made and even though tke initial review indicated vesting, tkis finding does not pro'.ide a legal presumption that a project is yested. All previously approved projects must go through a vesting review pursuant to Subsection 3.15.7.2.6. lO.02.07,B.6.ofthe Land Development Code. Words underlined are added; words &trl::lGk tRrel:j~h are deleted. 8 Transportation Element to BCC for Adoption 1-17-07 Pelity 5.4 [Deleted text, page 14] ~: eptimize !he COWRY" tflIftSPortllIien .B&lyoi., the COOIlty ohall ~.....~ ~:"'~: :: \. ~r;;~atioB system within the \:lrban area utilizing 8YNCHRO or other eurrent traffic analysis techniques and tools by Jaooary 2001. Policy 5.M: [Renumbered, revised text, page 14.1] Pursuant to Rule 9J-5.0055(6)(a)3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of theis Plan, the South U. S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below:-~ .lA. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FillS) roadways within the County by more than 5% or more of the capacity at the adopted LOS standard shall meet the transportation concurrency requirements specified in Capital Improvement Element, Policy -1-:-5.3. ~B. Any proposed development within the concurrency exception area that would reduce the LOS on FillS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5,6 are exempt from the transportation requirements of Capital Improvement Element, Policy -1-:-5.3. Policy 5.65: [Renumbered, revised text, page 14.1, 14.2] Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Planning Division Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. Words underlined are added; words Gtrwek thral.ll'lh are deleted. 9 Transportation Element to see for Adoption 1-17-07 e) Compressed work week workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would be expected to reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would be expected to reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would be expected to reduce vehicle miles of travel. Residential developments within the South U. S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification from the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (shall be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. d) Including affordable-workforce housing at 150010 or less of median income (minimum of 25% of the units) within the development, in accordance with Section 2.06.00 of the Collier County Land Development Code. Ordinance No. 04-41. as amended March 28.2006. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving Words underlined are added: words Gtrl:lsk thr:al:ll'lh are deleted. 10 Transportation Element to BCC for Adoption 1-17-07 capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 5.~: [Renumbered, revised text, page 14.2] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads are ~ in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: -l-A. Northwest TCMA - This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). 2.B. East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR-6). Policy 5.87: [Renumbered, revised text, page 14.3] Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in TnmsportatioB Element, Policies 1.3 and 1.4 of this Element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy -1-:-5.3 of the Capital Improvement Element of the Plan. Policy 5.98: Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage oflanes miles indicated in Policy 5.82 of this Element, a proportionate share congestion mitigation payment shall be required as follows: a. Proportionate share Congestion mitigation payments shall be calculated using the formula established in Rule 9J-2.045(2)(h), Florida Administrative Code. The facility cost for a constrained roadway link shall be established using a typical lane mile cost.. as determined by the Collier County Transportation Words underlined are added; words strl:lsk thr-el:l~h are deleted. 11 Transportation Element to BCC for Adoption 1-17-D7 Administrator,. of adding lanes to a similar area/facility type as the constrained facility. b. Proportioaate skare Congestion mitigation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non-automotive transportation alternatives,. which adds trip capacity within the impact fee district or adjoining impact fee district. c. Proportionate share Congestion mitigation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and de shall not influence the concurrency determination process. d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR 7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCMA are maintained. OBJECTIVE 6: [No change to text, page 14.3] Policy 6.1: [No change to text, page 15] Policy 6.2: [Revised text, page 15] The Transportation Element shall consider any and all applicable roadway plans of the City of Naples, City of Marco Island, Everglades City. Florida Department of Transportation, Southwest Florida Regional Planning Council, City of Bonita Springs and Lee County. Policy 6.3: [Revised text, page 15] The Transportation Element shall be consistent in its interface into the arteriaVcollector system within the City of Naples, Everglades City and the City of Marco Island. Policy 6.4: [No change to text, page 15] Policy 6.5: [No change to text, page 15] OBJECTIVE 7: [Revised text, page 15] The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as \oyell as and shall encourage safe and convenient on-site traffic circulation through the development review process, Words underlined are added; words &tr~ek tl'lre~~R are deleted. 12 Transportation Element to BeG for Adoption 1-17-07 Policy 7.1: (No change to text, page 15] Policy 7.2: (No change to text, page 15] Policy 7.3: (Revised text, page 15] The County shall implement, through its Zoning Ordinance, the provision of safe and convenient on site onsite traffic flow and the need for adequate parking for both motorized and non-motorized vehicles as a primary objective in the review fef of Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications review process. Policy 7.4: (Revised text, page 16] The County shall develop corridor management plans that take into consideration urban design and landscaping measures that will promote positive development along the major arterial entrances to the urban area, Such plans shall take into account the recommendations of the Community Character Plan, County-sponsored and the initiatives of Smart Growth initiatives. and the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs) as the Board of County Commissioners may annually periodically appropriate funding for these plans. Policy 7.5,;, (Revised text, page 16] The County shall develop Corridor Access Management Plans. Such plans shall be designed to make median modifications and other operational improvements, including removal of traffic signals, necessary to recapture lost capacity and enhance safety. The development of such plans shall consider the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs). as may be appropriate. Policv 7.6: (N ew text, page 16] The County shall use community impact assessment techniques in evaluating projects in the transportation planning process. These techniques include the use of the Efficient Transportation Decision Making Process (ETDM) through the Long Range Plan to address environmental and socio-cultural issues as well as corridor specific analysis through the Project Development and Environmental Studies and Corridor studies. In addition. during the design of transportation projects there are numerous design and special meetings to take into account the socio-cultural elements of the community including character issues such as aesthetics. avoiding or mitigating for environmental impacts. noise and community disruption issues. OBJECTIVE 8: (No change to text, page 16] Words underlined are added: words &trYGk tRF9YAh are deleted. 13 Transportation Element to BCG for Adoption 1-17-07 Policy 8.1i [Revised text, page 16] Each year, the county will use shorHerm projections of previous years' traffic volume growth to estimate the year in which LOS deficiencies will are likely to occur on Ceounty roads. This information will be used to prepare the annual update of the Ceounty's schedule of Capital Improvements in a manner that ensures the maintenance of concurrency on County road facilities. Policy 8.2i [Revised text, page 16] Pursuant to Chapter 163.3180 F.S., and in accordance with the Collier County Adequate Public Facilities Ordinance (Land Development Code Division 3.15 Sections 6.02.00 and 10.02.07), development proposals shall be required to submit traffic impact analyses. OBJECTIVE 9: [Revised text, page 16] The County shall encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, which are not classified as arterials or collectors through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP). In developing strategies and measures to encourage such conditions. the NTMP shall consider the impact of such strategies and measures on the adiacent arterial and collector systems (from a level-of-service and operational standpoint). Policy 9.1i [Revised text, page 16] The County shall incorporate the Neighborhood Traffic Management Program into this Transportation Element by reference and shall update Program provisions as needed. Policy 9.2i [Revised text, page 16] The Cooaty shall provide for Stlpport serviees, resources and staff to eoordiaate the Program. The purpose of the Neighborhood Traffic Management Program (NTMP) shall be to establish procedures and techniques that promote neighborhood livability by mitigating the negative impacts of traffic on residential neighborhoods. The strategies and measures utilized by the NTMP may include. but shall not necessarily be limited to: (a) Educational programs that seek to remind speeding drivers of the negative effects of their actions. Such programs may use brochures or neighborhood newsletters to spread this message. Newsletters may also contain information on speeding fines (particularly in school zones). pedestrian and bicycle safety tips. and information on average speeds in the neighborhood. Words underlined are added; words &tr\,Jok thFEl\,J~h are deleted. 14 Transportation Element to seG for Adoption 1-17-07 (b) Enforcement measures. which may involve the temporary establishment of a more intensive police presence and a better allocation of patrol time devoted to enforcing traffic safety in a particular neighborhood. c to slow traffic on certain streets and/or to divert through-traffic away from certain neighborhoods. The use of such techniques shall consider their potential impacts to emergency vehicles. bicyclists and pedestrians. Policy 9.3~ [Revised text, page 16] The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The Collier County Transportation Division shall develop guidelines. which identify the conditions that would require the interconnection of two neighboring developments. and shall also develop standards and criteria for the safe interconnection of such local streets. Policy 9.4~ [Revised text, page 16] The County shall define on a project::by::project basis, the acceptable amount of rerouted traffic as a result of a traffic management project. Policy 9.5~ [Revised text, page 17] The County shall encourage projects which provide local resident. pedestrian. bicyclist and motorist movement between and among developments on neighborhood streets in a deliberate balance with its efforts to route cut-through traffic away from neighborhoods and to the majef road:-.va-ys arterials and collectors designated in theis Transportation Element of the Collier County Growth Management Plan. Policy 9.6~ [Revised text, page 17] The County shall review impacts on emergency vehicle access or response time to neighborhoods, both before and after implementation of traffic calming measures. If emergency vehicle access or response times into a neighborhood have been adversely impacted by the traffic calming measures. the County shall work with the relevant emergency responders to reduce or eliminate such adverse impacts while still maintaining traffic calming measures. Policy 9.7~ [Revised text, page 17] Roadways identified as collector or arterial facilities are not eligible for participation in the NTMP. Policy 9.8~ [Revised text, page 17] Words underlined are added; words strl:lsk tRr-el:l~h are deleted. 15 Transportation Element to Bee for Adoption 1-17-07 The County shall consider a variety of traffic calming devices to achieve the NTMP'S~ objectives for a project. Such traffic calming devices shall be planned and designed in conformance with sound engineering and planning practices. Primary funding for such plans shaH may come from the local funding initiatives such as MSTUs or MS:fBUs for the area that is to benefit from the traffic calming. Policy 9.9;. [Revised text, page 17] To implement the NTMP, certain procedures shall be followed in processing neighborhood traffic management requests in accordance with applicable codes and related policies and within the limits of available resources. At a minimum, the procedures shall provide for: _ S5ubmittal of project proposals; _ Eevaluation of proposals by staff; _ Ceitizen participation in plan development and evaluation; _ Mmethods of temporarily testing traffic management plans when needed; -Ceommunication of any test results and specific findings to area residents and affected neighborhood organizations before installation of permanent traffic calming devices; and _ Aappropriate County Commission review. OBJECTIVE 10;. [Revised text, page 17] The County shall encourage safe and efficient mobility for the rural public. Policy 10.1;. [Revised text, page 17] The County shall develop a program to examine the maintenance and operational needs of the rural roadway system. This program '.vill, addressing the mobility needs of the rural resident~ to include the availability of roads for rural-to-urban travel, travel within the rural area. and as well as for hurricane emergency evacuation purposes. Policy 10.2;. [Revised text, page 17] The County shall continue to improve transit services for the transportation disadvantaged in the rural areas through the Community Transportation Coordinator (CTC). Pelie)' 10.3 [Deleted text, pages 17, 18] The CouAty shall inoorporate herein by reference the Corridor Management PIlm for the Tamiami Trail Scenic Highway, ...;hich formed part of the application for Scenic Highway designation authorized by the Board of County Commissioners Oil November 3, -l--99& OBJECTIVE 11;. [Revised text, page 18] Words underlined are added; words Gtrwak tRF9l:lRh are deleted. 16 Transportation Element to BeG for Adoption 1-17-07 The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities, consistent with the approved Airport Master Plan for each Airport. Policy 11.1,;, [Revised text, page 18] The County shall herein incorporate by reference the Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport Master Plans. Policy 11.2,;, [Revised text, page 18] The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans. Policv 11.3: [New text, page 18] The Collier County Metropolitan Planning Organization (MFO) has assisted Everglades City in obtaining Federal funds to enable the City to maintain and operate the Everglades Air Park. Given the assistance provided to Everglades City by the MFO. the Collier County Board of County Commissioners shall coordinate with the Everglades City Council to ensure a safe and orderly transfer of the Everglades Airpark and all related facilities to Everglades City for use as a public airport only. Such transfer shall be in a manner that does not compromise the safety of the Airpark and the future facility plans authorized by the Everglades Airpark Master Plan. In the event the Airpark ceases operation or ceases to operate as a public Airpark. the Airpark property will revert back to Collier County. Conditions of a transfer and reverter provisions will be set forth in a transfer document or the deed for transfer. OBJECTIVE 12: [No change to text, page 18] Policy 12.1: [Revised text, page 18] The Collier County Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist the local community transportation coordinator in the implementation of the most efficient and effective level of service possible for the transportation disadvantaged. The Transportation Disadvantaged Program shall be implemented through the County's regular bus system. Policy 12.2: [No change to text, page 18] Policy 12.3,;, [Revised text, page 18] Words underlined are added; words struGk tRFOUQR are deleted. 17 Transportation Element to BCC for Adoption 1-17-07 Collier County shall be the managing authority of the Collier Area Transit (CAT) system. Policy 12.4: [Revised text, page 18] The County shall, in recognition that the potential for public transit service between Bonita Springs>. in Lee County>. and Naples, in Collier County. exists, consider any intergovernmental efforts, which are necessary to bring about such service. Policy 12.5,;, [Revised text, page 18] The County shall continue to participate in the MPO planning process through implementation of an interlocal agreement with the City of Naples>. aftd the City of Marco Island, and Everglades City and in a Joint Participation Agreement with the FOOT. Policy 12.6: [Revised text, page 18] The County will shall participate in the MPO planning process as a voting presence on the MPO Board and the Technical Advisory Committee (TAC). Policy 12.7: [N 0 change to text, page 18] Policy 12.8: [Re-entered previously deleted text, page 19] Any adopted transit development plan shall include an acceptable level of service standard for transit facilities. Policy 12.9: [Returned re-numbering to original order, revised text, page 19] The County shall include capital expenditures for any adopted transit development plan in the Capital Improvement Element. Policy 12.10: [Returned re-numbering to original order, revised text, page 19] The County shall incorporate herein by reference the most recent Public Transportation Development Plan and Public Transit Operating Development Plan adopted by the Board of County Commissioners. EAR-TE to acc for Adoption G: ComprehensiveJEAR Amendment ModificationsIBCC Adoption Draft 1-17-07 Words underlined are added; words stnlek tAFel:lAh are deleted. 18 rIl <l) l-< UM <t:c:~ roMo .....\00 000 E-o-- COUNTY BARN RD o 0:: ::.::: () o :2 :2 <t: I LlJ ::.::: <t: Z Cfl LlJ ...J ~ ~ CO c;; ..... ..... t:1 <l) "'0 ..... rIl <l) ~ oo~ ~8 <n . \O~ o > ...J CO Cfl ~ o - ro ..... U l-< <l) S S o U \O~ r-- ....... 0000 "1"("l MM ~ \0 - '2 .2 ro 1i5 BA YSHORE DR en ~ (j)~ 0 ~ <.? t .+. Z <.0 ~ J: c:i f- W OJ 0 ;2 Z 0: ~ a. (V) <i c:i ::2 CIJ L() <5 0 c:i 0 "_~,...~_,~....... '<'fI?"" ,':1 t, ~. ;? ';i o ..., 0-<0 ~~;- ~~"": '"'N~ ~~~ ~;~ ~ ~ m ~ '" ~ " ~ " lO" lO -lO- 0_ 0 EO E "E" CIJ"CIJ ;....:::.y)~ ~~~ 00> . :::'<ri~ co~- ~~~ ~N~ ~ II II c:-- "c: c: o " " u88 .M ~ ~E~ a.1jc =('\10 <i>Z - <( W cO 01- .-- ....ca ca Q) 1:: ... 8.<( (/) c c 0 "IIl:tca:;; ."'c. o::l-Q) I-:;~ cnW =i~ ..cC ....Q) :J ... o ... cnB c o o g ;;; ~ . en C> " j~~2~ ~~ ~ & ~ ~ ~~13~'"5i~ ~l~~~~~ ~ lXl ow:::l t;>>g ~ ~ t~ ~ ~ .~ > I- ma:::::E: Iii <( 00111 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE SANITARY SEWER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACIL TIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAI RMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ r~~ MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 Sanitary Sewer Sub-Element to BeG for A~tion 1-17-07 EXHmIT "A" I. INTRODUCTION tHew..1M, p.....14] The purpose of the Sanitary Sewer Sub-Element is to provide for the health and safety of the residents of Collier County by ensuring adequate wastewater collection and treatment L@.cilities that are cost-effective and environmentally sound. Such facilities may be ~rovid~l thrO~he Collier Count~ Water-Sewer District. private utilities, other public dUde hat 0 te within portion of the unincorporated County. or (in certain areas) private septic systems. In addition to collection and treatment of residential and commercial wastewater. the Sanitary Sewer Sub-Element also contains provisions regulating the reuse of treated effluent for irrigation purposes. Regardless of the service provider. or the manner in which service is provided to the customer. the provisions of the Sanitary Sewer Sub-Element shall be designed to ensure a safe. consistent and quality level of service for all customers. Words underlined are added; words &truck thro~gh are deleted. 1 Sanitary Sewer SutH:lemenl to Bee for Adoption 1-17-D7 Goal, Objectives and Policies Sanitary Sewer Sub-Element GOAL I: (Number Removed, page SS-25] OBJECTIVE 1.l: [Renumbered, page SS-25] Policy 1.1.l: (Renumbered, page SS-25] Policy 1.h2: Policy 1.-1.2: [Renumbered, revised text, page SS-25, SS-26] [Renumbered, revised text, page 88-25, 88-26] Consistent with the \:Hbafl growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map~ (Figure SS-1 and Fiaure SS-1.1); the Existing and Future Sewer Service Areas map~, which includes the Rural Transition Water and Sewer District (Figure SS-2 and Fiaure SS-2.1 ). the Rural Tr-ansition \^.'.ater and S8'owr DistriGt Mir-asol map (Figure P'N 2.1 in the Potable '-Vater Sub element); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the Coun~. at its discretion. may serve Towns. Villaaes. Hamlets. and com~act Rural Develo ments within the Rural Lands Stewardsh~ Area ~verla~~LSA); =::' ViII811os, Ham;;;!., aAd CempaGl RUFlI; Devo;opmvAls willliA 1110 R~ ~~S .. 'd~hip ^;e~ Overlay may Be served by the County, at the County's diS~~ presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area O'larlay RLSA. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural LEI:flcls Ste"/;ardship Mea Overlay RLSA: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities, and~ Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central sewer facilities, and, Compact Rural Developments that are one hundred (100) acres or less in size may be required to be served by central sewer facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private seetor, an indef)eadeRt wastewater authority, or some other nOR CouRty utility proyider. The private sector. Collier County. an independent wastewater authority. or some other non-County utility provider may provide these facilities. For the purposes of this policy and policies 1.+:4, -h5.1, and -h5.3 of this Sub-Element, within the Rural LaRds Stewardship ;\rea O'lerlay RLSA, the term ~central sewer facilities:' includes decentralized community treatment systems~ and, innovative alternative wastewater treatment systems such as decentralized community treatment systems, shall BOt be prohibited by this policy provided that they meet all applieable regulatory criteria of Chapter 64E-6 F.A.C. Words underlined are added; words struck thf9l:Jgh are deleted. 2 Sanitary Sewer Sub-Element to see for Adoption 1.17.07 A decentralized community wastewater treatment system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with applioable regulations Chapter 64E-6 F.A.C. System facilities located on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy -1-:-2.1 of this Sub-Element. Policy 1.1.3: [Renumbered, revised text, page 88-26] ~ : time IBllR(\atea fer tit. ll(\cpli.8 af I""" dovel.pmeat re~~o,~s ~..=.~~ ;;::- !J332o; FS, i...le~iRg ""y IlIftcOOm.BtlI therete, tit. C~ w~ ~~;'m.~= :: ' e. a I'f 8"_ reqelfiBg that prIVate sector _itOf)' sewer :::~~ ~~~:: ~~~ ~.;: w~ the Cellier, C_y Ulilili.~ Divisie8 a8 ...~a1 sltlt~at of their :;;;i;;;;;'~ e ~erlO, .neI,ed'Rg level of .....".. pr?v,d.d, ee8~~~~^~~ g~, ;,:;;::. _ """ pob.,.. of thts PI.... fer the 0"l'",,""8 ""tiler r~".:'~~~ : ::::: ~ ~ t~ ~rrcal ....stiRg deficiCBOie. ~d pre'/ide fer futere 8"ewtlt-willlin their e., ;e ervlee areas. Also, COUftt)' Ordmaftee 80 112 reEl\il:fes aft!: ~e~ ~::e~o!::: ~~~;ing to private 8TP submit eapacity a'..ailability inf{)rmatioR with b~ildiftg permit applioatiofls. The Collier County Water and Wastewater Authority (Authority), established by County Ordinance Number 96-6, regulates the operations of private sector wastewater treatment utilities that provide sanitary sewer services to portions of unincorporated Collier count;, All such private sector sanitary sewer service providers are required to meet the Coun y's adopted wastewater treatment Level Of Service (LOS). All private sector sanitary sewer service providers shall file an annual statement with the Authority that provides current operating information including. but not limited to: a statement of current policies and service criteria, the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for wastewater treatment. The annual report shall also document any necessary or projected facility expansion and/or replacement projects that are required to correct observed deficiencies. Policv 1.4: For any new structure in which olumbino fixtures are to be installed and which is oroPOsed to be connected to a private sector sanitary sewer service utility, the develooer is reauired to orovide a letter of adeauate caoacity from that orivate utility to the Collier County Buildino Review and Permittino Deoartment at the time of aoolication for the first buildino oermit. pursuant to Collier County Ordinance Number 80-112. Policy 1.1-A ~: [Renumbered, revised text page 88-26] Collier County shall Pl1ermit development of package sewage treatment plant systems in areas identified in Policy 1.-1-:-2, on an interim basis until County service is available. The County shall A!tllow individual septic systems within the County only when connection Words underlined are added; words &truck thr-augh are deleted. 3 _ _ _"_.,___..,__,.__"....___"_~.,.~___,_.,"<_,___~._..........._,.__""'.-.._,,""___'._..k~.,~~~.._'"'_'''_.__' ,,--,.,'. Sanitary Sewer Sub-Element to BCe for Adoption 1-17-07 to an existing central system is not within 200 lineal feet of the closest property line, readily accessible to renaer service. ana note that In portions of the County where septic systems are allowed, at such time as ana future County or other central sewer service becomes available within 200 lineal feet of the property line, said septic systems will be required to connect to the County regienal appropriate central sanitary sewer system. Within the Rural Lands Stewardship Overlay, consistent with ~policy 1.+:-2: septic systems are permitted within Hamlets; septic systems mayor may not be permitted in Compact Rural Developments one hundred (100) acres or less in size depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Poliey 1.1.5: [Deleted text, page 88-26] Continue em-orcement of ordinances requiring cOflflection of existing and new de';;k;;~ent to central sanitary sewer systems whea they become available. Conneotions to a oontral system shall be made pursuant to Collier County Ordinanoe 88 1. Policy 1.1.6: [Renumbered, revised text, page 88-26] The County will shall give master planning and budgetary emphasis priority to regional sanitary sewer system projects.. which will provide the means for phase out and connection of existing package sewage treatment plants and areas where septic tank use of high conoentrations of septic taRks '.vhere such facilities may reasonably be expected to adversely affect public health ana safety or the environment. or fails to meet the performance standards for such facilities in Chapter 64E-6. F.A.C. Policy 1.h7: [Renumbered, revised text, page 88-27] Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service will shall be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance Number 01-57, adopted October 23, 2001, and District construction and operating policies. OBJECTIVE h2: [Renumbered, revised text, page 88-27] By the time mandated for the adoption of land development regulations pu~~~~ ~~ Chapter 1(:)3.3202, Y.S., including any amenaments thereto, implement proeedures to ensure that at the time a No development order is shall be issued, by Collier County without demonstration that sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available Words underlined are added; words &truck thr-ollgh are deleted. 4 Sanitary Sewer Sub-Element to BeG for Adoption 1-17-07 to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.2.1 FACILITY SERVICE AREA LEVEL OF SERVICE STANDARD Collier County Facilities North Sewer Service Area South Sewer Service Area Southeast Sewer Service Area Northeast Sewer Service Area 145 gpcd 100 gpcd 120 aped 120 aped Marco Island Sewer District UnineoI'f>orated Service ;\rea tMarco Shoresj City of Naples Facilities Unincorporated Service Area Everglades City Facilities Unincorporated Service Area 100 gpcd 145 gpcd 100 gpcd Independent DistrictslPrF.'ate Seder Systems Orangetree Utilities Immokalee Water and Sewer District Florida Governmental Utility Authority 100 gpcd 100 gpcd 100 gpcd * Private Sector Systems ~ The standards hereby adopted are the follo'.ving sewage flow design standards in (Source: Chapter 10D 6 64E-6008, Florida Administrative Codej..unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF ESTABLISHMENT CALLONSPERDAY(CPD) CemmeRial AiI'f>orts a. Per passenger b. f..-dd per e~loyee Barber and Beam)' shops (per eht1.ir) Bowling Alleys (toilet '.vastes oaly per laBej Country Club a. per resident m.emaer b. per m.ember present ~ ;W -lOO -lOO -lOO ~ Words underlined are added; words Gtrl:lck tRrQl:lQn are deleted. 5 Sanitary Sewer Sub-Element to BCC for Adoption c. per employee ~ Deatist Offioes a. per wet ehair ~ b. per aoa wet ehair W Doetors Offices (per doetor) ~ Factories, exclusive of iadustrial vlastes (galloas per persca per shift) a. no sRowers provided ~ b. showers provided ~ Food Service Operations a. ordinary restaunm.t (per seat) W b. 24 Rour restaurant (per seat) ~ TYPE OF ESTABLISHMENT CALLONS PER DAY (CPD) c. siagle servioe articles only (per persoa) ~ d. bai' and ooektaillouage (per person) ;() c. drive ia restaUfaBt (per Cai' space) W f. carry out only 1. per 100 sEtHai'e feet of floor space W 2. add per employee ~ Hotels and Motels a. Regulai' (per room) +00 b. Resort Rotels, camps, cottages (per ~ person) c. add for establishmeats V/ith self service 400 laundry facilities (per fM.ehine) Office Building (per worker) ~ Service Stations (per bay) WG Shopping Ceaters without food or laundry O:-l- (per squai'e foot of floor &paee) Stadiums, Raee Tracks, Ball Pai'ks (per ~ seat} Stores (\vithout f{Jod serviee) a. pri"ate toilets, for employees only (per ~ employee) b. public toilets (per squai'e foot of floor O:-l- space) Theaters a. Indoor, auditoriums (per seat) ~ b. Outdoor, drive ias (per Sf'aee) W Trailer/Mobile Home Pai'k (per trailer ~ space) Tra'..el Trailer/Recreatioaal Vehicle Pai'k a. Tra'..el trailer (overnight), \Vithout water W Words underlined are added; words struck UmnJgh are deleted. _._-"._--",--~,---.~.".-,~...."_.,.,.. 1-17-D7 6 Sanitary Sewer Sub-Element to see for Adoption 1-17-D7 and sewer hook up (per trailer Sf)a6e) b. ~da for water Ma Se"Ner hook up (per .f.OO trailer Sf'ace) Swimm1ag and bathiag faeilities (per -W persoa) Institutieftal Churches (per seat) ;. Hospitals (per bed) ~ Nursiag, rest hemes (per persoa) .f.OO Parks, public picnic a. with toilets oBly (per person) .s. TYPE OF E8T....BLl8BMENT CALLON8 PER Dl\ Y (CPD) b. with batBho1:lse, shewers Me toilets (per -W person.) Public iastitutions other than schools and .f.OO hospitals (per persoa) Sohools (per SWaeRt) a. day type +.s. b. add for showers .s. c. add for cafeteria .s. d. add for aay school workers +.s. c. boardiag type ~ W ork/Construct:ioa camps semi permanent .s.G (per worker) Residential Resideaces a. Siagle family (per bedroom) -l.s.G b. apartment (per bedroom) -l.s.G o. Mobile home aot ia a trailer park (per -l.s.G bedroom) d. Other (per eeeupant) ~ Feetnetes: 1. For food service operations, kitcaea waste"J;ater flows shall normally be oaloolated as sbay six pereeat (66%) of the total. establishmeat '.vaste'.vater flow. 2. Systems serviag high volume establishmeats, sueR as fast food restaurants and service statioBs located near iaterstate type highways, re€lUire special siziag considerations due to above average se\vage T/olume expeeted from restroom facilities. Policy 1.2.3: [Renumbered, page 88-29] Words underlined are added; words struck through are deleted. 7 Sanitary Sewer Sub-Element to Bee for Adoption 1-17-07 Policy 1.2.4: [Renumbered, revised text, page 88-30] The County shall ~nnually review historical sanitary sewer demand records and adjust the5e LOS standards. as referenced in Policy 2.1. if so indicated by said annual review. Policy 1.3.1: [Renumbered, revised text, page 88-30] The County shall Include maintain sludge de-watering and stabilization facilities with all for use by County wastewater treatment plaftt5 operations to produce sludge de-watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. The County shall ensure that private wastewater utilities regulated by the County follow such practices. OBJECTIVE !-A: [Renumbered, page ~1 Policy M.1: [Renumbered, revised text, page 88-30] The County shall Nnegotiate agreements with area golf courses to accept and use treated wastewater effiuent for irrigation when and where such treated effiuent same-is available from existing and future wastewater plants. Policy -1.4.2: [Renumbered, revised text, page 88-30] The County shall continue to~~onnect existing and future publicly owned lands suitable for irrigation with treated wastewater effiuent, such as government building grounds, parks, and highway medians.. when economically feasible and in accordance with the direction and policy of tbe Board of Couaty Commissioners. Policy M.3: [Renumbered, revised text, page 88-30] The County shall continue to ~onnect existing and future privately owned land~ suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commerciaVindustrial parks, when economically feasible and in accordance with the direction and policy of tae Board of Couaty Commissioners. Policy M.4: [Renumbered, revised text, page 88-30] At such time that as a source of treated effluent will be becomes available, the County shall permit the construction and connection of dual water systems (i.e.. separate potable water and treated wastewater effiuent networks) to the Ceounty's treated effluent irrigation system (i.e., separate potable water and treated wastev.'ater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy -1.4.5: [Renumbered, revised text, page 88-30] Words underlined are added; words &truck tt:lrsl:Igh are deleted. 8 Sanitary Sewer SLil-Element to Bee for Adoption 1-17-07 Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effiuent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and be master metered by the County. Policy 4.6 [N ew text] The County shall promote the use of xerisca,pe techniques (drought resistant landscaping) to minimize potable water use for landsca.,pe irrigation.. Policy lA.'1: [Renumbered, revised text, page 88-30] The County will shall seek to expand the availability of irrigation water from supplemental wetef sources through connection of OORneeted such sources to the County's reclaimed water system. OBJECTIVE h5: [Renumbered, revised text, page 88-31] The County will shall discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy h5.1: [Renumbered, revised text, page 88-31] The County shall Wiscourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Boundaries on Figure SS-1 of the Sanitary Sewer Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands~ within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS-2 of the Sanitary Sewer Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy h5.2: [Renumbered, revised text, page 88-31] Words underlined are added; words &truck thF9lo1gh are deleted. 9 Sanitary Sewer Sub-Element to sec for Adoption 1-17-07 The County wilt shall discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process in order to ifl:stH:e ensure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all I)BR: FDEP permits. Policy !oS.3: [Renumbered, revised text, page 88-31] As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.-!-:-2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is ~ permitted to connect to these collection lines. Under criteria, properties may be eligible for central sanitary sewer service from Collier County Utilities, or a private sector utility or findependent district, within the Receiving Areas identified in the Rural Transition Water and Sewer District, depicted on the Existing and Future Sewer Service Areas map (Figure SS-2) of the Sanitary Sewer Sub-element, subject to availability. Qualifying criteria wilt shall be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for central sanitary sewer service eligibility may include, but are not limited to, plans for development which utilize creative planning techniques such as clustering, density blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Sanitary Sewer collection lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. EAR-SS S-E to sec for Adoption G: ComprehensivelEAR Amendment ModificationsIBCC Adoption Draft kvl-d.v/1-17-07 Words underlined are added; words &truck tl:lF9I::1QIl are deleted. 10 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review did make written objections to the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv, 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: tV ~ MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 Potable Water Sub-Element 10 BCC for Adoption 1-17-07 EXBmIT "A" I. INTRODUCTION [New Language, page PW-22] The purpose of the Potable Water Sub-Element is to provide for the health and safety of the residents of Collier County by ensuring adequate potable water supply and distribution facilities that are cost-effective and environmentally sound. Such facilities may be provided through the Collier County Water-Sewer District. private utilities. other _ublic utilities that 0 erate within ortions of the uninco orated Count or in certain areas) private supply wells. In addition to the supply and distribution of potable water for residential and commercial purposes. the Potable Water Sub-Element also contains provisions related to establishment of new potable water sources. water conservation. and irrigation. Words underlined are added; words &truck threugh are deleted. 1 potable Water Sub-Element to Bee for Adoption 1-17-07 Goal, Objectives and Policies Potable Water Sub-Element GOAL I: (Number Removed, page PW-23] OBJECTIVE 1d: (Renumbered, revised text, page PW-23] The County shall locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information. guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated annually). the Collier County Water-Sewer Master Plan. and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. Policy 1.1d: (Renumbered, revised text, page PW-23] The County shall ~ontinue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. Policy 1.1.2: (Renumbered, revised text, page PW-23] The County shall ~ontinue to implement a program for the protection of existing and potential potable water supply sources. Policy 1.1.3: (Renumbered, revised text, page PW-23] The County shall continue to lidentify sufficient quantities of water sources to meet the County's estimated growth-related needs. Potential water sources to meet the County's 2025 water demands include raw water from Hawthorn Zone I Aquifer (Intermediate Aquifer System) and Lower Hawthorn Aquifer (Florida Aquifer System). identified within the County's 2005 Water Master Plan. The County shall use these water sources as well as alternative sources. as needed. to meet the County's needs. Polin 1.4: (New text, page 23] The County shall coordinate with the South Florida Water Management District and other regulatory agencies in implementing effective linkages between growth management and water planning. Policv 1.5: (New text, page 23] The County shall coordinate with the South Florida Water Management District in the development of the Water Master Plan Update. which is the primary planning document for the Collier County Water-Sewer District. Words underlined are added; words struck t1u9l::1gn are deleted. 2 potable Waler SutrElement 10 Bee for Adoption 1-17-07 Policy 1.6: [New text, page 23] The County shall coordinate with the South Florida Water Management District to produce future plans for water supply as described within the Water Master Plan Updates that ensure the County's ability to maintain its stated Level of Service standard. Policy 1.7: [New text, page 23] The County shall reference the water supply guidelines of the most current version of the South Florida Water Management District's Lower West Coast Water Supply Plan in developing any future required Water Supply Facilities Work Plan. OBJECTIVE t.2: (Renumbered, revised text, page PW-23] The County will shall implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will shall be expanded as necessary to provide for future growth, as provided for in the following policies. Policy t.2.1: (Renumbered, revised text, page PW-23] The Collier County Water-Sewer District shall GQontinue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and the Collier County Water-Sewer Watef Master Plan Update to correct existing deficiencies and provide for future growth. Policy t.2.2: (Renumbered, revised text, page PW-23, PW-24] Consistent with the \:tfbaft-growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map~, (Figure PW-1 and Figure PW-1.1); the Existing and Future Potable Water Service Areas map~ (Figure PW-2 and Figure PW-2.1), which includes the Rural Transition Water and Sewer District; withifl the R1::Ifal Traflsitiofl VI ater aad 8ewer District Mirasol map (Figure P'.l! 2.1 ); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the COUflty, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Words under1ined are added; words &truck Uuougn are deleted. 3 Potable Water Sub-Element to sec for Adoption 1-17-07 Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility provided. For the purposes of this policy and policies -1-:-2.4, -1-:-5.1,and -1-:-5.3, within the Rural Lands Stewardship Area Overlay, the term ~central potable water facilities: includes decentralized community treatment systems;-and;-. Innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy -h2.3: (Renumbered, revised text, page PW-24] ~ :: t~ 3~~1lIe<1 rer the adeptiOft of lontl development ~~~s ~ :.: ~= ." , f. S., l801Hdmg II8Y ltIItC""meftts lhcrilte, """'... ~ t~ ~~ :::: ~::::;'~ =~rlllt. s.otor petabl. willer servioe tttiliti.s, eotabl~ ~ :~: ~~ :: ;;ici~' - f" ft of th..r pebe)' """ erlter.., OOftSlstOftt with the goals, ~:~,~:: S 0 tillS Plan for the eXp8:nSlOn, replaeement, tlftdlor ~~~ ~f ::1~ ~:l= :: correet ~istiag defieieneies a:nd pro,..ide for future gTo,/lth '.\'ithin their respeetive service areas-: The Collier County Water and Wastewater Authority (Authority). established by County Ordinance Number 96-6. regulates the operations of private sector potable water treatment utilities that provide potable water supply services to portions of unincorporated Collier County. All such private sector potable water supply service providers are required to meet the County's adopted potable water treatment Level Of Service (LOS). All private sector potable water supply service providers shall file an annual statement with the Authority that provides current operating information regarding the private sector service provider. including. but not limited to: a statement of current policies and service criteria. the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for potable water treatment. The annual report shall also document any necessary or protected facility expansion and/or replacement protects that are required to correct observed deficiencies. Policy -h2.4: [Renumbered, revised text, pages PW-24, PW-25] Collier County shall Pllermit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW-1); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; within the Rural Transition Water and Sewer District - Mirasol map (Figure PW-2.1); in Sending Lands within the Words underlined are added; words struck U1F9ugh are deleted. 4 Polable Water Sub-Element to see for Adoption 1-17-07 Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within an area to reeeive COHflty water service the Collier County Water-Sewer District, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW -Ion an interim basis until a centralized potable water supply system is available; findividual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available}; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW-l, and outside of Towns, Villages and those Compact Rural Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay - all areas where potable water supply systems are not anticipated. However, individual potable water supply wells mayor may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Policy t-.2.5: [Renumbered, revised text, page PW-25] The County shall ~ntinue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 01- 73, adopted December 11, 2001. Policy t-.2.6: [Renumbered, revised text, page PW-25] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in Words underlined are added; words stNGk UU9ugh are deleted. 5 Potable Water Sub-Element to BCC for Adoption 1-17-07 accordance with Collier County Ordinance 01-57, adopted October 23, 2001, or its latest revision, and District construction and operating policies. OBJECTIVE -h3: (Renumbered, revised text, page PW-25] By the time mandated for the adoption of land development regulations ~pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy -h3.1: (Renumbered, revised text, pages PW-25, PW-26, PW-27, PW-28] The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of '.vater usage data indicates the LOS stBfldard f-or finished water shoold remain at 185 gflcd. Review of the historical ratio of residential to non-residential demand indicated that approximately 17% of the total water usage is non-residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. LEVEL OF SERVICE FACILITY CAPACITY FACIUTY/SERVICE AREA COLLIER COUNTY F }..CILITIES Collier County Water-Sewer and Se'.ver District Goodland Water District Marco Island Water District Unincof}3orated Service .'\rea (Marco Shores) CITY OF NAPLES FACILITIES Unincorporated Service Area EVERGLADES CITY FACILITIES Unincorporated Service Area LEVEL OF SERVICE STANDARD 185 gpcd 185 gpcd 185 gpcd 185gpcd 185 gpcd INDEPENDENT DISTRlCTSIPRIV ^ TE SECTOR SYSTEMS Orangetree Utilities Immokalee Water and Sewer District Florida Governmental Utilities Authority 100gpcd 100gpcd 100gpcd The standard hereby adopted is the following "v.aste'..,ater" nOVI design standards, 1:lnless otherwise approved by the Board of COWlty Commissioners to address ecoBomic, social Words underlined are added; words struck thF9l:lgh are deleted. 6 Potable Water Sub-Element to BCC for Adoption 1-17-07 aad oonstmetioR method variations between individual systems. (Source: Ch8flter Ion 6, Florida ,A.:dministrati'le Code) TYPE OF EST.WLI8BMENT C,4..LLONS PER D,4.. Y (CPD) COlRlRcreial Airports a. per passenger ~ b. add per employee ~ Barber and Beauty Shops (per chair) -lOO Bm:vling fJleys (toilet '.'lastes only per lane) -lOO Country Club a. per resident member -lOO b. per member present ~ c. per emt>loyee ~ Dootist Offices a. per '/;et chair ~ b. per non wet chair ~ Doetors Offices (per doetor) ~ Factories, exclusive of industrial wastes (gallons per person per shift) a. no snO'.vers provided ~ b. showers provided ~ Food Service Operations a. Ordinary Restaurant (per seat) ~ b. 24 hour Restal:lnmt (per seat) ~ c. Single Service articles only (per person) ~ d. Bar ami Cocktail Lounge (per person) ~ e. Drive in Restauraflt (per car space) ~ f Carry Out only i. per 100 square feet of floor space ~ ii. add per employee ~ g. Institutions (per meal) ~ Hotels aad Motels a. Regular (per room) HG b. Resort Hotels, Camps, Cottages (per person) ~ c. add for establishments 'Nith self service 400 laundry facilities (per machine) Office Building (per employee per 8 hour shift) ~ Service Stations (per water closet and per ~ uriaal) Shopping Centers ,;;ithol:lt food or laundry (per G:-l- square foot of floor space) Stadiums, Race Traoks, Ball Parks (per seat) ~ Stores per square foot of floor space G:-l- Swimming aad Bath.ing Facilities, public (per W Words underlined are added; words stn:lsk tllroblgh are deleted. 7 Potable Water Sub-Element to see for Adoption 1-17-07 perscll ) Theaters a. indoor, Auditerittms (per seat) b. Outdeor, Dri'/e ills (per space) Trailer/Mobile Home Park (per trailer spaee) Trayel TrailerlRecreatiollal Vehicle Park a. Travel Trailer (o'iernight), vJitheut ....vater and se\ver hookup (per trailer space) b. Travel Trailer (overnight), with water and se\ver hook ups (per trailer space). INSTITUTIONAL ClIDrches (per seat) Hospitals (per bed) (does not illclude kitchen waste',l'/ater flows) Nursillg, Rest Homes (per bed) (does not include kitchell waste'. vater flows) Parks, Public Picllic a. ..-lith toilets only (per person) b. with bathhouse, showers and toilets (per person) Public Illstitutiolls ether thaA Schools & Hospitals (per persoll) Schools (per student) a. day type b. add for shO\vers c. add f-or cafeteria d. add for day school workers e. boarding type W ork/Construetion Camps Semi permanent (per worker) RESIDENTIAL Residences a. Single or multiple family (per dwelling unit) 1 bedroom and 600 square f-eet or less heated or oooled area bedrooms and 601 1000 square feet heated or oooled area 3 bedrooms and 1001 2000 square feet heated or oooled area 4 or more bedrooms and more than 2000 square feet heated or cooled area b. Other (per occupant) ~ W ~ ~ -l{)G ; ~ -l{)G ~ W -l{)G ~ ~ ~ ~ ~ W ~ ~ 4W eoo ~ FOOTNOTES: Words underlined are added; words struck throl:Jgh are deleted. 8 Potable Water Sub-Element to BCC for Adoption 1-17-07 1. For ~()~ ser:riee .aperatioBs, kitehen '.vastev.ater .flows shall BOrmally be ealoolateEl as-sncty SiX percent (66%) oftne total estabhshment wasteY/atee flmv. 2. Systems serviBg high vok1me establishments, sueR as fast ~~~ r~~~~~~ :~ ~~~; stations located near interstate type high'Nays, require special sizing cOBsideratiofls due to abo';e average sewage volume e~peeted from restroom facilities. Policy t.3.2: [Renumbered, revised text, page PW-28] In order to ensure that these Level of Service Standards contained in Policy 3.1 are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy t.3.3: [Renumbered, revised text, page PW-28] These Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy t.3.4: [Renumbered, revised text, page PW-28] The County will aAnnually review historical potable water demand records and adjust these Level of Service Standards contained in Policy 3.1 if so indicated by said-the annual reView. OBJECTIVE M: [Renumbered, revised text, page PW-28] The County will shall continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Policy t.4.1: [Renumbered, revised text, page PW-28) The County shall Nnegotiate agreements with area golf courses to accept and use treated wastewater effiuent for irrigation when and where such treated effiuent same is available from existing and future wastewater treatment plants. Policy M.2: [Renumbered, revised text, page PW-28) The County shall G~ontinue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effiuent, such as government building grounds, parks, and highway medians when economically feasible. Policy M.3: [Renumbered, revised text, page PW-28] Words underlined are added; words strnck through are deleted. 9 Potable Water Sub-Element to BCG for Adoption 1-17-07 The County shall ~ontinue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effiuent, such as cemeteries, nurseries and commercial/industrial parks when economically feasible. Policy 104.4: [Renumbered, revised text, page PW-28] T: ~~ shan Ppro_. the use of xcri'e8fle techni<!'le. (<Ir~ ~~~ :;;~ ;;;1 t; ;:nimize pet""le water use fer I an<! soaping irrigation, ~ ~~_ibed i~ . . . n . Section 4.0a.OLA...1.h, of the Collier County Land Development Code. At such time as a source of treated effiuent becomes available. the County shall permit the construction and connection of dual water systems (i.e.. separate potable water and treated wastewater effiuent networks) to the County's treated effiuent irrigation system in new subdivisions. provided that said connection causes no adverse impact to the potable water system. Policy 104.5: [Renumbered, revised text, page PW-29) "2: ~~y sholl ppromole an<! enferee the Water Irrigation o..lin"""" far CaUier n, dinance Number 02 17, adopted April 9, 2002, to reduce potable water use for irrigation. Where Community Development Districts. or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes. wholly or partially within the Collier County Water-Sewer District. and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources. said systems shall be connected to the regional system when available. and all internal irrigation systems shall remain in private ownership and be master metered by the County. Policy 104.6: [Renumbered, revised text, page PW-29) ~::. time .. ""...,.. .mllCnt i. available, the Coon\y shall penn.it oonfllruetian ...d A '" Ion of dual ..vater systems to the Coonf)" s effluent transmission system (1.e., ;;;;n~; potable '.vater and treated waste>.vater etlluent) in Re'..... subdivisions :~c~ ~~~ ~~~~~n and or connection of a dual '.vater system ,;.ill not negatively impa~t the potable water system~s regu.latory compliance or operation. The County shall promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscape irrigation. Policy 4.7 The County shall seek to expand the availability of irrigation water from supplemental sources through connection of such sources to the County's reclaimed water system. PeUey 1.4.7 Deleted [Deleted text, page PW-29] OBJECTIVE t.5: [Renumbered, revised text, page PW-29) Words underlined are added; words struck tl=lreugh are deleted. 10 Potable Water Sub-Element to see for Adoption 1-17-07 The County will shall discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: (Renumbered, revised text, page PW-29] The County shall discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban- Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW- 1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands~ or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element~ or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized~ within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated~ and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: [Renumbered, revised text, page PW-29] The County will shall discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to ensure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will shall be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all FDEP permits. Policy 1.5.3: [Renumbered, revised text, page PW-30] As provided for in the Rural Lands Stewardship Area Overlay, and in Policies -!-:-2.2 and -!-:-2.4 of this Sub-Element, central potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development~ in such instance no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is are permitted to connect to these distribution lines. Policy 1.5.4: [Renumbered, revised text, page PW -30] [Adopted as Policy 1.5.3 (now 5.3) but re-numbered since the above Policy 1.5.3 (now 5.3) became effective first.} Words underlined are added; words strnck UtF9l::lgh are deleted. 11 Potable Water Sub-Element to seG for Adoption 1-17-07 Under criteria, projects may be eligible for central potable water service from Collier County Utilities, or a private sector/independent district, within the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2) of the this Potable Water Sub-element, subject to availability. Qualifying criteria will shall be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas Lands of the Rural Fringe Mixed Use District (RFMUD). Criteria for potable water service eligibility may include, but are not limited to, plans for development.. which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights (TDRs) from identified environmeatally sensitive areas RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may are permitted to connect to the distribution lines. EAR-PW S-E to BeC for Adoption 17-07 G: Comprehensive/EAR Amendment Modifications/BCC Adoption Draft kvl-dw/l- Words underlined are added; words struck through are deleted. 12 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the DRAINAGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv. 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: / MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILlTES ELEMENT 2 Drainage Sub-Element to BeG for Adoption 1-17-07 EXHIBIT "A" I. INTRODUCTION [New Language, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County. there are two (2) primary service providers with regard to the provision of stormwater management services. The County's Transportation Services Division maintains drainage systems associated with County and State Roadways as well as the Secondary Drainage System. The Big Cypress Basin Board. an arm of the South Florida Water Management District (SFWMD). maintains the larger. regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However. management of stormwater is concerned not only with flood prevention (a quantity issue). but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue). Such pollutants can include oils. greases. heavy metals. pesticides. fertilizers and other substances. which can have a deleterious impact on the County's natural systems and. above alL its groundwater quality. Note that. in this respect. there is overlap in the intended purpose between the Drainage and Natural Groundwater Aquifer Recharge Sub- elements: both seek to protect aquifer recharge areas. However. the emphasis of the Drainage Sub-element is on surface water protection. whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub-element is on groundwater protection. The term "stormwater management" refers to a set of comprehensive strategies for dealing with both stormwater quantity and stormwater quality issues. The primary component of these strategies is the need to ensure that the volume. rate. timing and pollutant load of stormwater runoff after development is similar to that which occurred prior to development. To accomplish this task. stormwater management entities employ a combination of structural and non-structural techniques. Non-structural techniques emphasize preservation or restoration of natural drainage features to promote infiltration. filtering and slowing of runoff Structural techniques include the variety of manmade channels and control structures maintained within the primary and secondary drainage systems. The objective of stormwater management is to develop a combination of techniques"; which provides for adequate pollutant removal and flood protection in the most economical manner. One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design. Subsequent development upstream must then utilize stormwater management techniques and systems. which will maintain predevelopment run-off conditions so that the capacity of the downstream portion of the watershed is not Words underlined are added; words stnulk thF9I:1I1h are deleted. Drainage Sub-Element to BCC for Adoption exceeded. In this respect. there is an overlap between the intended purpose of the Drainage Sub-element and Goal 2 of the Conservation and Coastal Management Element. including the Watershed Management Plans discussed under Objective 2.1 of the CCME. Words under1ined are added; words struck throl:Jj:Jh are deleted. 1-17-07 2 Drainage Sub-Element 10 BeG for Adoption 1-17-07 Goal, Objectives and Policies Drainage Sub-Element GOAL 1: [Renumbered, revised text, page I} COLLIER COUNTY SHALL PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MlNlMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: (CAPITAL FACILITY PLANNING FOR DRAINAGE SYSTEMS) [Renumbered, revised text, page I} The County shall utilize Via the Annual Update and Inventory Report on Public Facilities (AUIR) process, annually to update the Drainage Atlas Maps and Channel/Structure Inventory components of the adopted Water Management Master Plan and to verify the existing watershed basin boundaries within Collier County. The County will also Vyerify the design stonn capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards.:. This information shall be used to fef inclusion of needed programming of operational funds in the Annual County Budget and to identify necessary capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy 1.1.1: [Renumbered, revised text, page I} The Couaty shall oontiooally Mmonitor adopted existing water maflagement procedures that are in place to eflsure that existing natural systems, existing deyelopments, and proposed de';elopments will receive beaeficial ooRsideration from in proposea '.vater management procedures and projects. Future updates and re'y'isions to water management procedures shall refleet necessary changed conditions changes in the new techniques as identified through monitoring activities. The County shall update and revise stormwater management maintenance procedures and capital projects based on continual facilities performance monitoring activities. Consideration will be given to natural systems as identified in Policy 2.1.4 of the Conservation and Coastal Management Element existing developments and proposed developments. Policy 1.1.2: [Renumbered, revised text, page I} County drainage system capital facility planning shall be designed Outline how to implement procedures and projects in a manner to ensure that adequate stormwater management facility capacity is available at the time a development permit is issued, or that such adequate '...;ater management facility capacity is available or will be available when needed to serve the development. Words underlined are added; words struok through are deleted. J Drainage Sib-Element to see for Adoption 1-17-07 Policy lo1.3: (Renumbered, revised text, page 1] The County shall ~ntinue to develop public drainage facilities. which te maintain the groundwater table as a source of recharge for the County's potable water aquifers.. ami meet the provide a source of irrigation water fleeds for agricultural, horticultural and golf course B:Bd oommereial operations and provide water to native vegetation. Policy -hl.4: [Renumbered, revised text, page 1] Contiooe OR geiRg efforts to evaluate the feasibility of restoriRg surfaee water flmv iRto historical flow ways and utiliziRg them to help cORtrol discharge into the estuaries. The County shall continue to evaluate structural and non-structural measures for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Selected measures will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan. Policy -ht.5: Three (3) detailed basiR studies are phmned '.vithin the 5 year planning time frame as f-ollo'.vs: BasiB Gordon Riyer ExteRsion Belle Meade Immokalee 8tartiB2 Date FY 96/97 FY 98/99 May, 2004 FY 2000./200 I COlBoletioB Date FY 98/99 FY 200012001 April, 2006 FY 200212003 Watershed Management Plans will be undertaken as set forth in Objective 2.1 of the Conservation and Coastal Management Element (CCME). As the studies are After each plan is completed, the results will be made available to the property owners located within the basin's boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation of the studies~ plan's recommendations. Until the Watershed Management Plans are completed. the County shall apply the interim standards for development as contained in CCME Objective 2.1. Poliey 1.1.6 Initiate sub basin studies OB the Secondary Drainage System and portions of the basin within the UrBafll\r-ea. The status of se.;eral of the critical sub basin studies is as foUows: BasiB 8tartiB2 Date COlBoletioB Date Lely Main/BranchlManor NfA ~ Harvey FY 95/96 FY 96/97 US 41 Otltfall Swales NfA wse Words underlined are added; words struck tl:lr-ol:.lgh are deleted. 4 Drainage Sub-Element to BCC for Adoption 1-17-07 Implementation of these projects is oorrently underway. OBJECTIVE -h2: [Renumbered, revised text, page 2] The County shall Mmaintain adopted drainage level of service standards for basins and sub-basins identified in the Water Management Master Plan. Maintenance of the drainage level of service (LOS) identified for each basin will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of this Growth Management Plan. Policy -h2.1: [Renumbered, revised text, pages 2, 3] The following levels of service for drainage are hereby adopted for the purpose of issuing development permits.:. -: Upon completion of each associated Watershed Management Plan. the level of service will be modified. if warranted. A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinance Numbers 74-50.. aad-90-1O and 2001-27. and Land Development Code Ordinance Number 91 1022004-41. as amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin Cypress Canal Basin Harvey Canal Basin 1- 7 5 Canal Basin Green Canal Basin Airport Road Canal South Basin Corkscrew Canal Basin Orange Tree Canal Basin 951 Canal Central Basin DISTRICT NO.6 SYSTEM Rock Creek Basin C-4 Canal Basin Lely Main Canal Basin Lely Canal Branch Basin Lely Manor Canal Basin Haldeman Creek Basin Winter Park Outlet Basin D D D D C D D D C D C D D D D D Words underlined are added; words struck thr9ygl:l are deleted. 5 Drainage Sul>-E Iement to Bee for Adoption 1-17-07 COCOHA TCBEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin D COCOBA TCBEE RIVER SYSTEM (eoRtioued) West Branch Cocohatchee River Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin D 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin D Goodlette-Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D FAKA-UNION SYSTEM Faka-Union Canal Basin D Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin C SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-41 Outfall Swale NO.2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D Policy -h2.a~: [Renumbered, revised text, page 4J The County's Enlarge the scope of the Water Management Master Plan to shall include recommendations for changing Levels of Service together with an analysis of capital requirements. OBJECTIVE -h3: (Renumbered, revised text, page 4] Beginning with fiscal year 1996 97, a fiye year schedule of capital impro'/ement needs for water Bl&Btlgement facilities '.vill be maintained B:Bd updated anooally in eonformance with the review process for the Capital Improvement Element of this plan. The County shall maintain and annually update a five-year schedule of capital improvements for water management facilities in conformance with the annual review Words underlined are added; words struck thFOl:.Igl:I are deleted. 6 Drainage Sub-E Iement to sce for Adoption 1-17-07 process described within the Capital Improvement Element of the Growth Management Plan. Policy -h3.I: [Renumbered, revised text, page 4] The County shall Wevelop and maintain procedures to annually update water management facility demand and capacity information. Policy -h3.2: [Renumbered, revised text, page 4] The County shall P}2repare periodie annual summaries of capacity and demand information for each water management facility and service area. Policy lo3.3: [Renumbered, revised text, page 4] Collier County shall evaluate and rank Wwater management capital improvement projects will be e','8lHated and ranked aooording to in accordance with the priorities stated in the Capital Improvement Element of this plan. Policy lo3.4: [Renumbered, revised text, page 4] Major emphasis shall be given to improving existing drainage facilities in and around urban ana estates designated areas (08 the adopted Future LB:Bd Use Map) to maintain their use. County improvements to. and maintenance of. existing drainage facilities shall be a priority over new construction projects in the urban and estates designated areas (exclusive of Southern Golden Gate Estates). OBJECTIVE M: [Renumbered, revised text, page 4] The County shall Beginning with fiscal year 1996 97, develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with f{)r those projects which have been outlined the annual work program referenced in the adopted Water Management Master Plan and any future individual basin studies. Policy lo4.1: [Renumbered text, page 4] Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These projects shall be undertaken in coordination with the Big Cypress Basin/South Florida Water Management District 5 Year Plan. Policy M.2: [Renumbered, revised text, page 4] Collier County shall ~rrect eXlstmg deficiencies and provide for future water management facility needs through the formulation and implementation of an annual work programs. In order to implement the annual work program. the County shall Words underlined are added; words struck thFOugh are deleted. 7 Drainage Sub-Element to ace for Adoption 1-17..Q7 ~ncourage the use of innovative funding sources mechanisms including, but not limited to utilization of special taxing or assessment districts. Policy M.3: [Renumbered, revised text, page 4] Develop a public a':/areness program to inform the governmental leadership and general public of the need to utilize total watershed management concepts within the eKistiRg drainage systems and the environmental enhancements that v/ill resuk from their implemefttation. The County shall develop and maintain a stormwater management public awareness program. which will include. but not necessarily be limited to. a Collier County Stormwater Management web site. The primary purpose of this program shall be to provide information regarding the County's stormwater management programs to the general public including. but not limited to. the environmental enhancements that will result from the use of total water management concepts within the existing drainage network. OBJECTIVE lo5: [Renumbered, revised text, page 5] The County shall ~ontinue to regulate land use and development te in a manner that protect~ the functions of natural drainage features and natural groundwater aquifer recharge areas,- Implementation of this Obiective will be consistent with the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan. through and with relevant provisions contained within the adopted Land Development Code (Ordinance 91 102 Number 2004-4 L as amended). Policy lo5.1: [Renumbered, revised text, page 5] Collier County shall Annually periodically review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas. Policy -h5.2: [Renumbered, revised text, page 5] Based upon the periodic review described in Policy 5.1. the County shall Ggevelop any appropriate new ordinances and regulations that are necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. OBJECTIVE t.6: [Renumbered, revised text, page 5] The County shall protect the functions of natural drainage features shall be protected through the application of standards that address the quality and quantity of discharge from stormwater management systems. Implementation of this Objective will be consistent with the watershed management planning process identified within Goal 2 and Words underlined are added; words struck throl:lgh are deleted. R Drainage Sub-Element 10 see for Adoption 1-17-07 Obiective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. This objective is made measurable through the following policies: Policy t.6.1 ~ (Renumbered, revised text, page 5] Projects shall be designed and operated so that off-site discharges will meet State water quality standards, as set forth in Chapter 17 302 62-302.300, F.A.C., as it existed 6ft August 31, 1999 at the date of project approval. Policy t.6.2~ [Renumbered, revised text, page 5] Collier County's &retention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, Section 5.2, as it existed on f..ugust 31, 1999 at the time of project approval. Policy t.6.3~ [Renumbered, revised text, pages 5, 6] Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin 0.04 cfslacre (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin 0.06 cfslacre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfslacre d. Lely Canal Basin 0.06 cfs/ acre e. Harvey Basin 0.055 cfslacre [ Wiggins Pass Basin O. 13 cfsl acre g. All other areas 0.15 cfs/acre In special cases, tThe County may exempt projects may be ~empted by the County from these allowable off-site discharge rates [providing any of the following applies: 1. The project is exempt from allowable off-site discharge limitations pursuant to Section 40E-400. 315, F AC. 2. The project is part of an existing SFWMD permit.. which allows discharge rates different than those listed above. 3. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer. and will consist of an engineering study prepared by a registered professional eRgiBeer, which utilizes the applicable criteria in the "SFWMD Basis of Review for Environmental Resource Permit Applications". The study shall be subject to review and approval by the County Words underlined are added; words struck thr91::1g1:1 are deleted. 9 Drainage Sub-Element to see for Adoption 1-17-07 and SFWMD statI. The study shall include the following site:specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrographie f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher otI-site discharge rate shall be developed. EAR-Drainage S-E to see for Adoption G: eomprehensivelEAR Amendment ModificationslBCe Adoption Draft kvl-<:tN11-17-07 Words underlined are added; words strusk tl:lrougl1 are deleted. 10 ORDINANCE NO. 07- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10,1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -1j bj{f/l ~ Jl ~ rh ..{k{ A~U.4-t - [),{Z ~A--~ MARJ RIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 Solid Waste Sub-Element to Bee for Adoption 1-17-07 EXHIBIT "A" I. INTRODUCTION [New Language, page 1] The Solid Waste Sub-Element establishes a policy framework for Collier County's current solid waste management facilities and provides general direction for the further development of the County's solid waste management system in the future. The purpose of the Solid Waste Sub-Element is to assure the provision of cost effective and environmentally safe disposal of solid waste for the present and anticipated future residents of Collier County. The proper collection. processing. and disposal of solid waste is important to the health. safety and welfare of all Collier County residents. Improper disposal of solid and/or hazardous waste can contaminate drinking water or expose residents to environmental and public health risks. In addition to the safe and environmentally sound collection, processing and disposal of residential and commercial solid waste. the Solid Waste Sub-Element also contains provisions related to: monitoring for potential environmental impact pursuant to State and Federal rules and regulations and the associated permit conditions: the collection and disposal of hazardous materials: the County's recycling programs: and. solid waste recovery programs. Words underlined are added; words struol{ through are deleted. 1 Solid Waste Sub-Element to Bee for Adoption 1-17-07 Goal, Objectives and Policies Solid Waste Sub-Element GOAL 1: [Number Removed, page 1] PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRNATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOS'^1LMANAGEMENT IN A MANNER TO ASSURE THEIR PUBLIC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. OBJECTNE 1-:+: (COLLECTION) [Renumbered, revised text, page 1] Collier County shall continue to +he maintenance maintain e.f a safe, dependable and efficient solid waste collection system. Present facilities meeting the current Level of Service includes two (2) franchise collection areas and three transfer stations Recycling Centers, as follows: a. Unincorporated County service area; b. Immokalee service area; c. Three (3) transfer stations Recycling Centers; 1. Naples Transfer Station Recycling Center 2. Marco Transfer Station Recycling Center 3. Carnestown Transfer Station Recycling Center Policy 1.1.1: [Renumbered, revised text, page 1] The County shall bfontinue to maintain and regulate commercial. multi-family and tax- bill based residential collection costs to ensure efficient and dependable service affordable to all users. Policy t.-h2: [Renumbered, revised text, page 1] The County shall Maintain retain its mandatory collection ordinance Number 2005-54. ~ as amended, and the mandatory commercial recycling ordinance Number 2004-50. as amended. Policy 1.-h3: [Renumbered, revised text, page 1] The County shall bfontinue to evaluate economic transfer and disposal systems including transfer stations the use of full-service recycling centers. Words underlined are added; words 6truck through are deleted. 2 Solid Waste Sub-Element to Bee for Adoption 1-17-07 Policy 1.1.4: [Renumbered, revised text, page 1] The County shall ensure Assure public awareness and participation in solid waste collection issues by requiring all issues to be addressed in advertised public meetings addressing such issues in duly noticed public meetings. OBJECTIVE -h2: (DISPOSAL) [Renumbered, revised text, page 1] The County shall bfontinue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and shall continue to investigate improved methods and implement practices that meet this objective. Policy 1.2.1: [Renumbered, revised text, page 1] The County shall continue to Mmonitor groundwater welts as required by the regulatory permit conditions for the operation of the landfill and continue to closely evaluate the test data. De'/elop remedial actions if conditions are flot satisfactory and in compliance with State and Federal rules and regulations. Policy 1.2.2: [Renumbered, revised text, page 2] The County shall continue to Implement and maintain leachate and gas management systems at County landfills as needed in order to comply with permit conditions. Policy 1.2.3: [Renumbered, revised text, page 2] The County shall continue to P12ursue State and Federal grants for, and participation in.. feasibility projects eft for the development and investigation of improved techniques for landfill operations and ethef alternative methods ef for solid waste disposal. Policy 1.2.4: [Renumbered, revised text, page 2] Maintain the land im'entory required for future landfills to meet the recommended Leyel of Service standards. By fiscal year 2010. the County shall acquire and/or retain the land inventory required for future solid waste operations. based upon selection of. including but not limited to. one or more of the following options in order of priority: 1. Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal). 2. Increase the permissible elevation of the Naples Landfill so as to gain additional airspace capacity. Words underlined are added; words struok through are deleted. 3 Solid Waste Sub-Element to BCC for Adoption 1-17-07 3. Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. 4. Secure and utilize additional capacity at a landfill or landfills. Policy lo2.5: [Renumbered, revised text, page 2] The Level of Service for Solid Waste Sub-Element shall be: a. Tons of solid waste per capita per year, used to determine landfill disposal capacity, is based on the average of the last fWe three complete fiscal years actual lined cell tonnage activity. b. Two (2) years of constructed lined landfill cell capacity at the disposal rate calculated per +"2.5.a. c. Ten (10) years of permittable landfill capacity at the disposal rate calculated per +"2.5.a. Policy lo2.6: [Renumbered, revised text, page 2] The County shall annually 9gefine the cost of continued landfilling solid waste collections and disposal within the County over the next 5, 10 and 20 year time periods taking into consideration all operating and capital costs. Policy lo2. 7: [Renumbered, revised text, page 2] The County shall ,A~ssurc promote public awareness Qt and participation in.. solid waste disposal issues by requiring all issues to be addressed in adycrtiscd public meetings. addressing such issues in duly noticed public meetings. Policy lo2.8: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household hazardous wastes. Additionally, the Department shall continue to hold its hazardous waste collection day at least efl€e twice per year targeting residential households but also allowing small businesses to participate to some extent. OBJECTIVE lo3: (RECYCLE AND RECOVERY) [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and update the Integrated Solid Waste Management Strategic Plan Solid VI aste Master Plan as directed by the Board of County Commissioners. Words underlined are added; words struck through are deleted. 4 Solid Waste Sub-Element to sec for Adoption 1-17-07 Policy lo3.1: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintaining and enhanceing the current county ',vide countywide single family through fourplcx residential curbside recycling program~. b. Maintaining and enhanceing the current county-wide multi-family residential recycling program. ~. Maintaining and enhanceing the current county-wide commercial business recycling program~ to encourage and assist commercial business recycling activities county '.vide. ed. Continue Maintaining and enhanceing the curb-side separation of material into recyclable categories to be received at the material recovery facilities landfill iHte recyclable categories. e. Continuing to explore additional measures for waste reduction. Policy 1.3.2: [Renumbered, revised text, page 3] Continue inycstigation of cost saving methods for landfills: a. Landfill mining to recover and recycle cover material. Landfill mining provides a method of clean up of unlined landfills and for recycling existing acreage for new landfills. b. Investigate methane gas recovery and use. The County shall continue investigation and implementation of cost-saving measures for County disposal operations. The County shall evaluate other measures. including landfill mining. as new technologies and practices emerge. (Currently, a methane gas collection program is in operation.) Policy lo3.3: [Renumbered, revised text, page 3] The County shall .^..ssure promote public awareness Qf... and participation in~ solid waste €li8~8Bal recycle and recovery issues by requiring all issues to be addressed in adyertised public meetings addressing such issues in duly noticed public meetings. EAR-SW S-E to sec for Adoption G: Comprehensive/EAR Amendment Modifications/BCC Adoption Draft kvl-dw/5-24-Qe Words underlined are added; words struok through are deleted. 5 Solid Waste Sub-Element to BCC for Adoption 1-17-07 Policy 1.3.1: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintaining and enhanceing the current county ',vide countywide single family through fourplex residential curbside recycling program~. b. Maintaining and enhanceing the current county-wide multi-family residential recycling program. ~. Maintainill.g and enhanceing the current county-wide commercial business recycling program~ to encourage and assist commercial business recycling activities county wide. ego Continue Maintaining and enhanceing the curb-side separation of material into recyclable categories to be received at the material recovery facilities landfill ffite recyclable categories. e. Continuing to explore additional measures for waste reduction. Policy lo3.2: [Renumbered, revised text, page 3] Continue investigation of cost saving methods for landfills: a. Landfill mining to recoyer and recycle co','er material. Landfill mining provides a method of clean up of unlined landfills and for recycling existing acreage for nev,' landfills. b. Invcstigate methane gas recovery and use. The County shall continue investigation and implementation of cost-saving measures for County disposal operations. The County shall evaluate other measures. including landfill mining, as new technologies and practices emerge. (Currently. a methane gas collection program is in operation.) Policy lo3.3: [Renumbered, revised text, page 3] The County shall .'\ssure promote public awareness Qf.. and paiticipation ire souawaste aisp€lsal recycle and recovery issues by requiring all issues to be addressed in advertised public meetings addressing such issues in duly noticed public meetings. EAR-SW S-E to Bce for Adoption G: Comprehensive/EAR Amendment Modifications/BeC Adoption Draft kvl-dw/5-24-06 Words underlined are added; words struok through are deleted. 5 --,c_ ORDINANCE NO. 07- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier 1 County, Florida. The Collier County Growth Management Plan NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -~J~~11E M~'IGb~~_rTI~~t-L~ ASSISTANT COUNTY ATTORNEY 2007 NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT 2 Natural Groundwater Aquifer Recharge Sub-Element to see for Adoption 1-17-07 EXHIBIT "A" I. INTRODUCTION [New Language, page 1] The Natural Groundwater Aquifer Recharge Sub-Element establishes the manner in which Collier County will identify and protect the natural groundwater aquifers that serve as the primary sources of drinking water for County residents and visitors. This Sub- Element relates only to those aquifer recharge areas located in unincorporated Collier County that serve as potable water wellfields. The Implementation Section of this Sub-Element contains a single Goal. divided into five (5) Objectives. Beneath each Objective are the specific County implementing policies. The water supply protection Objectives in this Sub-Element include: · Mapping and delineation of natural aquifer recharge areas; · Protection of groundwater quality; · Groundwater quality monitoring; · Public education with regard to groundwater protection issues: and. · Protection of critical recharge areas and groundwater resources. Goal, Objectives and Policies Natural Groundwater Aquifer Recharge Sub-Element GOAL 1: [Number Removed, page 1] THE COUNTY SHALL IDENTIFY AND PROTECT NA TURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONT AMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE -hI: (MAPPING AND DELINEATION OF RECHARGE AREAS) [Renumbered, revised text, page 1] The County shall continue to On a biannual basis, beginning in October 1998, review every two years. and revise fas necessaryj, existing map delineations of recharge arc as County potable water wellfields that are most sensitive to contamination from nearby land development and other surface activities. The biennial review and any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anathropogcnie anthropogenic contaminant data aggregated during since the previous bicnnium revision. Words underlined are added; words struck through are deleted. I '...... Natural Groundwater Aquifer Recharge Sub-Element to BCC for Adoption t-17-07 Policy t.1.1: The County shall Continue to revise and update its 3-dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. Policy t.1.2: [Renumbered, revised text, page 1] Continue to identify areas and revise previous identifications of areas that are especially yulncmble to contamination because of land use, drainage, gcomorphic, soil, hydrogeological, and other conditions, such as the presence/absence of confiniflg units. The County shall identify those County potable water wellfields. or portions of wellfields. which are susceptible to contamination. caused by adiacent or nearby land uses. drainage patterns. geomorphic conditions. soil properties. and/or hydrogeologic factors. including the presence or absence of confining units. This information shall be revised and updated as necessary. Policy lo1.3: [Renumbered, revised text, page 1] The County shall maintain and update data on Idcntify existing land uses and land use activities that possess the greatest potential for ground water contamination. See Policy ~ Policy t.1.4: [Renumbered, revised text, page 1] The County shall maintain and Ygpdate its maps of criteria for determining and mapping sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. Policy t.1.5: [Renumbered, revised text, page 1] This Sub-Element shall incorporate by reference A~nnual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers. are those as described in the SF\VMD's South Florida Water Management District's official publications dated April. 2000 (and scheduled to be published in 2006). Publication \VRE #327, Mapping Recharge (Infiltration/leakage) throughout the South Florida \Vater Managemcnt District, July//\ugust, 1995 (Map 1 and Map 2). OBJECTIVE t.2: (PROTECTION OF GROUNDWATER OUALITY) [Renumbered, revised text, page 1] Ground water quality shall meet all applicable Federal and State water quality standards. Words underlined are added; words E:truol< through are deleted. 2 >#:~ Natural Groundwater Aquifer Recharge Sub-Element to BCC for Adoption 1-17-07 Policy 1.2.1.:. [Renumbered, revised text, page 1] The County shall prohibit 9gischarges to sinkholes or other karst related features that have direct hydrologic connection~ to the Surficial or Intermediate Aquifer Systems shall be prohibited. Policy 1.2.2.:. [Renumbered, revised text, page 2] Non-agricultural developments requiring an ERP Environmental Resources fpermit from the South Florida Water Management District {SFWMD} shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for Review, as it cxisted on October 31,1999, dated January 2004 and as regularly updated. Ground water recharge shall also be protected through the application of the retention/detention requirements and allowable off-site discharge rates for non- agricultural developments specified in Policies 4-:-6.2 and 4-:-6.3 in the Drainage Sub- Element. Policy 1.2.3.:. [Renumbered, revised text, page 2] The County S~tandards for protecting the quality of ground water recharge te within the public water supply vlcllfields wellhead protection areas identified in the Future Land Use Element {FLUE} shall be UfC the same as those provided in Policy 3.1.1 of the Conservation and Coastal Management Element. Folie)' 1.2.4 [Deleted text, page 2] Policy h2.~: [Renumbered, revised text, page 2] Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. OBJECTIVE lo3: (GROUNDWATER QUALITY MONITORING) [Renumbered, revised text, page 2] The County shall Gfontinue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyzeg concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Words underlined are added; words struok through are deleted. 3 --,-..,.. Natural Groundwater Aquifer Recharge Sub-Element to BCC for Adoption 1-17-07 Policy 1.3.1: [Renumbered, revised text, page 2] The County shall Gfontinue the its existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1.3.2: [Renumbered, revised text, page 2] The County shall Gfoordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy lo3.3: [Renumbered, revised text, page 2] The County will annually A~ssess the its groundwater quality monitoring data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy lo3.4: [Renumbered, revised text, page 2] The County shall continually Ggather and ase evaluate appropriate data te for the purpose of refineing and improveing the data base groundwater quality monitoring database used in the County's 3-dimensional ground water model. Policy 1.3.5: [Renumbered, revised text, page 3] By 1 October 1997 Collier County shall continue to conduct establish a water resources planning group composed of with appropriate County, City of Naples, and SFWMD staff to provide guidance for ground water resource development, utilization, and conservation. OBJECTIVE: M: (PUBLIC EDUCA TION WITH REGARD TO GROUNDW A TER PROTECTION ISSUES) [Renumbered, revised text, page 3] The County shall Gfontinue current activities of providing the public with educational materials concerning ground water protection issues in Collier County.:. ~ These may include, but shall not be limited to. the preparation of annual technical publications of ground water quality data collected, an informational website for groundwater quality issues, general information publications, establishment of a speakers' bureau prescntations, K-12 classroom presentations, and in-service teacher workshops and semmars. Policy M.1: [Renumbered, revised text, page 3] The County shall continue to A~dvise the public on the appropriate disposal methods for hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task. the County may utilize the public educational Words underlined are added; words f;truok through are deleted. 4 "'- Natural Groundwater Aquifer Recharge Sub-Element to BCC for Adoption 1-17.07 measures listed within Obiective 4 of this Sub-Element, or any other measures, which may be appropriate. Policy M.2: [Renumbered, revised text, page 3] The County shall continue to PJ2rovide information in a manner that can be understood by the general public eft regarding Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination. In performing this task. the County may utilize the public educational measures listed within Obiective 4 of this Sub-Element. or any other measures, which may be appropriate. OBJECTIVE: lo5: (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER RESOURCES) [Renumbered, revised text, page 3] The County will shall implement existing plans to preserve critical ground water recharge areas and ground water resources, and on a biennial schedule, beginning in October 1988, will review, evaluate, and revise (if warranted) those plans and actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Policy 1.5.1: [Renumbered, revised text, page 3] The County shall 9gevelop. and continually update. technical criteria for determining those recharge areas. which areas are critical to the County's longterm long-term ground water needs. Policy 1.5.2: [Renumbered, revised text, page 3] The County shall continue to !identify the critical recharge areas and appropriate protective mechanisms. Policy lo5.3: [Renumbered, revised text, page 3] The County shall continue to !identify costs, funding mechanisms and private property rights issues associated with the protection of critical recharge areas. Policy lo5.4: [Renumbered, revised text, page 3] By 1 October 1997, The County shall continue to operate the implement Collier County's a local petroleum storage tank cleanup inspection program, especially in identified wellfield protection zones, operating within available State funding. Policy lo5.5: [Renumbered, revised text, page 3] By 1 October, 1997, increase household and Conditionally Exempt Small Quantity Generator (CESQG) hazardous 'vVaste collection. Words underlined are added; words ctruol< through are deleted. 5 .-- Natural Groundwater Aquifer Recharge Sub-Element to BCC for Adoption 1-17-07 Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household and small business hazardous wastes. Additionally. the County shall continue to hold its hazardous waste collection day at least twice per year targeting residential households but also allowing small businesses to participate. COf...L 2, and OBJECTIVE 2.1, and Palieies 2.1.1 2.1.4 [deleted] [Deleted text, page 3] EAR-NGWAR S-E to BCe for Adoption G: Comprehensive/EAR Amendment Modifications/BCe Adoption Draft kvl-dw/S-24-06 Words underlined are added; words ctruok through are deleted. 6 - e~~, ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the HOUSING ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed HOUSING ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the HOUSING ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the HOUSING ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan HOUSING ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the HOUSING 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAI RMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 HOUSING ELEMENT 2 Housing Element to see for Adoption 1-17-07 EXBmIT "A" INTRODUCTION [Added text, page 2] The goal of the Housing Element of the Collier County Growth Management Plan is "to create an ad;j"uate supply of decent. safe. sanitary. and affordable housing for all residents of Collier Count;" With the exception of housing opportunities provided to citizens of very modest means. the provision and maintenance of housing is traditionally a function of the private market. The development of private housing in Collier County is driven by an expensive housing stock: effectively excluding low-income and working class families from the housing market. Thus. there is a need for the County to find ways to encourage the provision of affordable-workforce housing for these families. In Collier County. encouragement of the prOVISIon of affordable-workforce housing is the responsibil~ of the Collier County Operations Support and Housing Department. The purpose of the Dep ment's grants and affordable-workforce housing programs is to increase the supply of affordable-workforce housing countywide. through management of the County's Affordable Housing Trust Fund. The trust fund has enabled the County to implement the following programs: . Impact fee deferrals. . Housing rehabilitation and emergency repair. . Down payment / closing cost assistance. . Land aCQuisition with new construction. . Demolition with new construction. . Special needs housing and pre-approved building plans. . Meeting community needs by facilitating the creation of affordable-workforce housing opportunities: the improvement of communities: and the sustainability of neighborhoods. Collier County will continue to address its affordable-workforce housing deficit by working coUaboratively with non-profit groups. governmental agencies. and public/private coalitions to coordinate activities and effectively leverage the resources available to the entire County. The most current data available from the University of Florida Shimberg Center is considered in assessing the County's affordable-workforce housing deficit. Words underlined are added; words &truck tl:lf9l:.1gh are deleted. 1 Housing Element to see for Adoption 1-17-07 Goal, Objectives and Policies Housing Element GOAL 1: (Revised text, page 3] TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: [Revised text, page 3] The number of new affordable-workforce housing units shall increase by WQ 1.000 units each year in an effort to continue t-o meet meeting the current and future housing needs of all current and future legal residents with very-low, low and moderate income~residents of the County, including these households with special needs such as rural and farmworker housing in rural Collier County. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 1.1: (Revised text, page 3] Collier County shall pursue interlocal agreements with the City of Naples. the City of Marco Island. and Everglades City to require that each city provide their proportionate share of affordable-workforce housing units (or the financial equivalent). Each city's proportionate share and financial equivalent will be evaluated and substantiated by the most current data. studies. and methods available to the County. Policy t.2: (Revised text, page 3] Collier County and the City of Naples will work together to accomplish the community wide goal of creating supporting a sufficient supply of market rate and below market rate housing. This effort will may include the consolidationBg of the City of Naples and the County housing programs and activities, including. but not limited to. .s~ate and Ffederally funded programs such as SHIP and CDBG, in an effort to provide greater efficiency. Policy t.3: (Revised text, pag~ 3] The City of Naples and Collier County will shall explore the development of a fair share affordable-workforce housing ordinance that will shall require commercial and residential developments to address the lack of affordable-workforce housing. The local jurisdiction~ will evaluate a broad range of options including the development of an affordable-workforce housing impact fee, the requirements that a percentage of units developed will be "set aside" for below market rate housing, provide for the transfer of development rights, an option whereby land could be donated to a nonprofit entity and/or placed in a land bank, or other alternatives that will assist in mitigating the rising need for affordable-workforce housing as the population increases. Policy 1.4: Words underlined are added; words struck thml:.lgh are deleted. 2 Housing Element to see for Adoption 1-17-07 Collier County shall seek to distribute A~ordable-workforce housing will be distributed equitably throughout the county where adequate infrastructure and services are available. Programs and strategies to encourage affordable-workforce housing development HSiBg strategies wmeh may include, but are not limited to, density by right and density bonus provisions. where applicable agreemems, and impact fee waivers or deferrals, expedited permitting (fast tracking). public-private partnerships. providin~ technical assistance and intergovernmental coordination. In ;edition, afforclabIe housing win be located where adequate infrastructure and servioos are available. CITY OF NAPLES POLICIES None COUNTY POLICIES *Polkv 1.5: ~e:; ::: fea.ibilily ef ffioorp6f!ltiRg the Cellier C~y HOlIoing ^utherity and the Cellier o USing and UrBan IRlflTovement otliee activaies mto one agency to pr{Wule greater coordination and efficiency in housing deli-yery services. Collier County shall maintain an inventory of all approved affordable-workforce housing units within the county to ensure the targeted number of units is developed annually. The inventory shall contain the location. structure type. number of bedrooms. and target income range for each housing unit. OBJECTIVE 2: :::;,:' :;:e . BOA prtllit ROlIoing develep- oorperatioo, farmed wi~~:~ .~~ '1 :~ 1&.. Hem ....1....., go_, bou9lng ......ooat.., and the oo~~ ~ ~ . i~h"';ill ~;~st the City and County in aehieving a new goal of 500 dwelling units per year for very low, low and moderate income residents of Collier County. The Collier County Board of County Commissioners aided in the establishment of the Collier County Housing Development Corporation in 2003. The mission of the Housing Development Corporation is to serve as a non-profit agency. with an executive board made up of representatives from business. government. housing advocates. and the community at large. which along with other not for profit agencies shall assist Collier County and its municipalities in achieving a goal of 1.000 dwelling units per year for very-low. low and moderate income residents of Collier County. JOINT CITY OF NAPLES/COUNTY POLICIES Policv 2.1: Not for profit agencies. such as the Collier County Housing Development Corporation shan assist the County in reaching its annual affordable-workforce housing goal by holding workshops and fairs to raise awareness and understanding of housing issues in the County: working with Words underlined are added; words struck tl:lr-ol:Jgh are deleted. 3 Housing Element to Bee for Adoption 1-17-07 other non-profits to purchase and develop parcels: and. contributing funds towards the purchase of land for affordable-workforce housing projects. Policy 2.2: (Revised text, page 4] ::~ iRp~ ::' Chamloer ef Call1mer.., Eoonemi. Dcvclep- .5~I, ~~i,:~...:: == :.:'~ I I . (C811'.), Napl.. Area BellRl of ReoItefS, N.~ ~ ~= ~::l~' ~?~~~ B8llk.ing Portn....lIip, the MfeRlallI. Heusiag Cv";"';'si~. ~ ~~ ::::;: ::::. u .uthenty Ie IIlenlHy pet.BUal ROftjlrelit bellRl repr~~ ~ :::.':' ~;; . lIli..ive sIlllenrcBl fvr the ROB prefit _siag agcney. Th. ROB i~~ ::::: ::.;d;~:~ii~eRIli"" will portner wilb other eBtilic'.le applY.:e~ ~~~ =-~~ ::=_::; ;;; 1_. ROB prelit oorperol1vB. TIn. effort will re~.:..' ~~ ~~.: :::: ;"~f ~=~ ~Rg delivery sy- lb. Oft""'" !be t1evclep";;;Bl ~~~ f~:: e t 1 ounty through a partnership with pnvate developers, non profits, le6ftl goverBlBeBts aHd other interested parties. Partnerships shall be encouraged between private developers. non-profit entitles. local governments and other interested parties to ensure the development of housing that meets the needs of the County's very-low. low and moderate income residents. Policy 2.3: (Revised text, page 4] :fhe Collier County and the City of Naples staff will continue to provide community organizations with brochures and up-dates on various housing programs, grant opportunities, technical assistance and other information that will promote affordable-workforce housing opportunities for very low, low and moderate income residents. Policy 2.4: [Revised text, page 4] By 1999, the Collier County and the City of Naples will shall continue to review existing codes and ordinances and amend them as needed to allow for flexible and innovative residential design that encourages mixed use developments aDd with a variety of housing designs, styles, and price ranges. Policy 2.5: (Revised text, page 4] By 1998, the Collier County and the City of Naples will shall continue to review the its existing permit processing systems in an effort to reduce the processing time and cost of housiRg, and especially for affordable-workforce housing and continue to identify areas that can be streamlined , t-o ideRtify areas that eaR be streamlined. Policy 2.6: [Revised text, page 4] Words underlined are added; words stn.lGk through are deleted. 4 Housing Element to see for Adoption 1-17-07 Collier County shall continue to Pl2rovide ongoing technical support and assistance to private developers and non-profit housing organizations in their efforts to secure State or Federal funding. Policy 2.7: [Revised text, page 4] Collier County shall Iincrease the utilization of existing impact fee ordinances to facilitate the development of affordable-workforce housing through the provisions of waivers and/or deferrals. CITY OF NAPLES POLICIES None "'Policy 2.8: (No changes to text, page 5] COUNTY POLICIES .Policy 2.9: [Renumbered, revised text, page 5] The County shall &review the County's Affordable-workforce Housing Density Bonus Ordinance every two years or sooner. as necessary. and revise the Ordinance. as necessary. to reflect changing community needs and market conditions. The purpose of the Affordable- workforce Housing Density Bonus Ordinance shall be to ~ncourage the blending of affordable:. workforce housing density bonus units into market rate developments as well as to support developments exclusively providing affordable-workforce housing B:Bd reyiew the feasibility of appro,.:ing density booos at an administrative level. .Policy 2.tO: (Revised text, page 5] ~~ the atIopli"" of Ieee! ifteentives, SHCh as deflsity bom.s og<eemeRI. ~ ~~~ :: ,.' r/def;'~~, J*tl>lic and pri'.'ate sponsors will be encouraged to pfoyide adeq\:late housi~ f-or rural resideats and farHlworker families. The Collier County Operations Support and Housing Department shall continue to operate affordable-workforce housing programs. in cooperation with public and private sponsors. to provide safe. affordable-workforce housing to residents of the County's urban designated areas and rural areas. Programs operated by the Department will continue to include. but are not limited to: . Impact fee deferrals . Housing rehabilitation and emergency repairs . Down payment and closing cost assistance .Policy 2.11: (Revised text, page 5] Words underlined are added; words struck thFOl:.Igh are deleted. 5 Housing Element to see for Adoption 1-17-07 The Collier County HousiRg aDd UrBan llBJ'rovement Operations Support and Housing Department will continue to coordinate with indeveadent water and sewer districts local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place, aflEl consistent with the County's Concurrency Management System. Apolicy 2.t2: [Revised text, page 5} The County will continue to adopt and implement policies which addr-ess site locations provide for the proper siting and implementation of farm worker housing, including, but not limited to. strategies such as density bonus agreements, impact fee waivers or deferrals, and the provision of adequate infrastructure and services. OBJECTIVE 3: [Revised text, page 5] By 2000, Collier County shall continue to support and adequately fund increase the number of housing programs and amount of funding a'/ailable to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including, but not limited to. strategies S\ich as Q40wn Pnayment/~losing ~ost A~ssistance, Rrehabilitation and ~mergency Rrepair, Q4emolition with Nnew G~onstruction, and limp act F.fee VI aivers or Q4eferrals. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 3.1: [Revised text, page 5] Collier County shall continue to seek out and Yytilize federal, ~tate and local resources for housing rehabilitation programs that repair and maintain the existing housing stock. The County shall also continue to support local municipal and non-profit efforts to identi~ and secure funding for housing rehabilitation programs. ,A.:pply fur additional funding sueh as, but not limited to, HOME, aoo Florida Fix as funds become available. Policy 3.2: (Revised text, page 5] Loeal governments ';;ill seek out llfld apply for additional funding to help provide more affordable housiRg and Collier County will support applications from for:profit and not-for- profit organizations whe that apply for S~tate and Ffederal funding for the purpose of constructing and/or rehabilitating affordable-workforce housing. Policy 3.3: [Revised text, page 6] Collier County shall continue to Yytilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low, low and moderate income residents. By 1e"/eragiRg Federal, State and loeal dollars, ioorease by five pereent (5%) per year Words underlined are added; words struck tl:lrol:.lgh are deleted. 6 Housing Element to Bee for Adoption 1-17-07 the oomber of loans made by area lending instiWtions to very 10\';, low aRd moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance. CITY POLICIES *Policy a.8 3.4: [Renumbered text, page 6] *Policy ~ 3.5: [Renumbered, revised text, page 6] By 1998, tThe City of Naples will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existing residential character of the area. *Policy a.lO 3.6: (Renumbered, revised text, page 6] By 1998, tThe City of Naples will study and make recommendations to amend the Code of Ordinances to limit "megahouses" address impacts of larger homes on smaller lots within the City of Naples. By 2000, tThese changes will be reviewed to determine their effectiveness. *Policya.ll3.7: (Renumbered, revised text, page 6] By 1999, tIhe City of Naples will implement their r~yiew the Reed for a housing maintenance code to address the conservation of housing stock and the preservation and protection of residential neighborhoods. COUNTY POLICIES Policy J.n 3.8: [Renumbered, revised text, page 6] Collier County will continue to maintain its apply for Community Development Block Grant (CDBG) urban entitlement county status with through the U.S. Department of Housing and Urban Development.. which will continue to result in an annual aHocation of federal funding available to assist very-low, low and moderate income households. OBJECTIVE 4 (Revised text, page 6] By 2000, the Collier County and the City of Naples will conduct a comprehensive housing survey. every three years or sooner. te for the purpose of identifying substandard dwelling units. Through continued enforcement of each jurisdictions County housing codes, and the provision of housing rehabilitation or replacement programs, the number of substandard units {associated with a lack of plumbing and/or kitchen facilities) throughout the County shaH be reduced by 5% per year through rehabilitation or demolition. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 4.1: (Revised text, page 6] Words underlined are added; words struck tl:lml:.lgh are deleted. 7 Housing Element to Bee for Adoption 1-17-07 By 2001, Utilize ttSe the most recent comprehensive housing inventory to develop and implement new programs to reduce substandard housing,. Reduction of the number of substandard units will be accomplished by employing existing methods such as, but not limited ill.. housing code inspections, rehabilitation programs, and demolition of substandard units and their replacement with new construction and develop aew programs as needed. Policy 4.2: [Revised text, page 7] Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet the housing code or, which cannot economically be rehabilitated. Policy 4.3: (Revised text, page 7] Review and amend the existing relocation policy of the City of Naples and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4.4: (Revised text, page 7] In the event of a natural disaster or govemmem: intervention, replacement housing shall comply with all applicable Ffederal, S~tate and local codes and shall consider factors such as. but not limited to. commercial accessibility, public facilities, places of employment, and housing mcome. Policy 4.5: [Revised text, page 7] Alll)Qwelling units will be maintained in a safe and sanitary condition, including adequate light, ventilation, sanitation and other provisions.. as required by the County and the City of Naples minimum housing codes. This task will be accomplished through housing code inspections and code enforcement actions, and housing rehabilitation programs supported through \:lSiflg ~tate, federal, local and/or private resources. CITY OF NAPLES POLICIES None COUNTY POLICIES None Poliey 4.6: [Deleted text, page 7] By luBe 1, 2001, Collier County "..ill condHet aB inventory to determine the oomeer of ~ conforming and sub standard mobile home housing units in the lmmokalee Urban l\rea afld de't'elep afl ineentive plan to upgrade these units through the following aetivities: Words underlined are added; words struck tl:lrol::lgh are deleted. 8 Housing Element to seG for Adoption 1-17-07 1. AssigB B team of staff members fr-em the fellovvlag departments t6 implement -th: ;ogram: c;d~ Enforeement, Building Review, Planning and Hoosing aRd Urban Impr6"Jement. 2.. Coordinate_ '~ith other age~cies that mo~tor and inspeet mobile home parks. 3 Greate- aOO -meorporate Into the Collter COUlity Land De-Jelopment Code, fleKwle d;';k;p;;nt standards that Y/ill be based on miniHfllm life and saf-ety standards. 4. Pmvide eoonomic incentives to encourage the replacement of sub standara units. Peliey 4.7: [Deleted text, page 7] :.:::; : y:: ~~ ~~ _loti"", the C.....ty shell oo"",lele ~ review of ~:~si~~ , s a s ed lR the Immokalee Area Master Plaft to determme If aad ':h~:~ ~~ ~~!~: ;;;;;p~e to increase SlieR eaps to eRcourage the develepment of Bc>.'; affordabie housing units for farmworkers, very lov; and low income individuals. OBJECTIVE 5: (Revised text, page 8] Collier County and the City of Naples will annually monitor all identified historically significant struewres homes to determine that if these structures are being conserved, maintained, and/or rehabilitated. JOINT CITY/COUNTY POLICIES Policy 5.1: [Revised text, page 8] Ensure the coordination of the Hoosing Elemeftt policies with the Future Land Use policies relevant to historic preservation. All residential structures that are listed on the National Register of Historic Places, or as contributing structures within the Old Naples National Register Historic District, or which structures that are designated as locally significant historic resources.. will be encouraged to maintain their historic value through the provision of technical assistance. Policy 5.2: [Revised text, page 8] By 1999, the Collier County and the City of Naples will review the their land development regulations, building code, FEMA regulations, and other requirements every five years, and amend these as necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures. CITY POLICIES *Policy 5.3 [N 0 changes to text, page 8] *Policy 5.4: [Revised text, page 8] By 2000~, Collier County and the City of Naples coordinate with Future Land Use policies and will study potential incentives to encourage the conservation, maintenance and rehabilitation of historic structures homes and will make recommendations to the City Council and to the Board of County Commissioners as to which incentives should be adopted. Words underlined are added; words struck tl:lrol:.lgh are deleted. 9 Housing Element to BCC for Adoption 1-17-07 COUNTY POLICIES .ilpolicy 5.5: [Revised text, page 8] The conservation and rehabilitation of housing.. which is of historic significance.. shall be accomplished by working with private sector groups and private developers to develop incentive- based programs. *Poliey 5.6: [Deleted text, page 8] The Land Development Code that regmates the rehabilitation, demolition er reloeatien of historieally signifieaet housing will be emended as needed. .ilpolicy 5.~: (Renumbered, revised text, page 8] = five yeors, the Historical Housillg Co~OR Survey will be ""dole<! ~ ~~ ~:?: ::::~:::~i ':::"rieally sigt>illellllt ketisillg. The. Collier County. Pr.....oilil!lY _ps will he e '.' hIstone struetlfl'e or resIdeace IS lIsted on the NatIOnal RegIster or IS locally oominated. By 2008. the Board of County Commissioners shall commission a new Historical Survey for all of unincorporated Collier County. The Survey shall review the current status of all previously identified historical structures and sites within the unincorporated County and shall make recommendations as to which of these sites or structures should be nominated to the National Register. The Survey shall also review and make similar recommendations regarding any previously unidentified historic structures or sites. .ilpolicy 5.81: [Renumbered, revised text, page 8] By -l-999 2009, the Historical/Archaeological Preservation Ordinance shall be updated to include any Re'N historically significant housiag the results of the Historical Survey and to include any relevant changes in State or Federal regulations concerning historically properties. OBJECTIVE 6: [Revised text, page 9] By 1999, the County and City will enstlre that local land develoflment re~l~:i~~ ~~ ~~ ~m:;li~ce with State and Federal regulations regarding group homes and foster care facilities loeations. Collier County shall monitor changes to state and federal regulations pertaining to group care facilities. and. as necessary. amend its Land Development Code to ensure compliance. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 6.t: (Revised text, page 9] Words underlined are added; words struck tl:lroygh are deleted. 10 Housing Element to see for Adoption 1-17-07 Provide non-profit group care facility organizations with information on Ffederal, S~tate and local housing resources that will assist them in the provision of special needs housing. On an annual basis, or as needed, provide technical assistance and support as organizations apply for funding assistance. Policy 6.2: (Revised text, page 9] Collier County shall &review the County and the City of Naples Fair Housing ordinances and procedures with regard to group care facilities and shall seek to consolidate local fair housing implementation in order to provide promote consistency and coordination in the siting of such facilities between the jurisdictions. Policy 6.3: [Revised text, page 9] By 1999, Rreview the existing County and City of Naples land development regulations and building codes, and amend as necessary. to ensure compliance with State and Federal regulations,...--aad amend as necessary, to provide for group homes and foster care facilities licensed by the State of Florida. Policy 6.4: [Revised text, page 9] Collier County may allow Ggroup homes and foster care facilities will be allowed in residentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and will be consistent with Chapter 419, Florida:- Statutes. CITY OF NAPLES POLICIES None COUNTY POLICIES None OBJECTIVE 7: [Revised text, page 9] Although mobile home developments pftfk.s currently exist within the coastal areas of Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, aflY no new rezone to permit mobile home development pftfk.s will be restricted to allowed within areas outside of the urban coastal fringe Coastal High Hazard Area. as depicted on the countywide Future Land Use Map. JOINT CITY OF NAPLES/COUNTY POLICIES None CITY OF NAPLES POLICIES *Policy 7.t: [No changes to text, page 9] Words underlined are added; words struck tl:lr-ol:.lgh are deleted. 11 Housing Element to BCe for Adoption 1-17-07 *Policy 7.2: [No changes to text, page to] COUNTY POLICIES APolicy 7.3: [Revised text, page to] The County has numerous sites where mobile homes are a permitted use and these sites will continue to be available for mobile home development~. However, due to the low lying elevations, susceptibility to flooding, storm surges and high winds from hurricanes and tropical storms, and that mobile homes are particularly vulnerable to damage, no additional sites will be zoned for mobile home development within coastal Collier Coonty. the Coastal High Hazard Area. as depicted on the countywide Future Land Use Map. OBJECTIVE 8: [Revised text, page to] ~ :::~~ ::: ': aRd rehabilitated "Rils ......1 iRer...... by SO ."Rits per y..... te ad~~ the.. S 'J'. h clal needs such as rural aDd farffiworker hOUSing 1ft rural Colher County. Collier County shan continue to utilize SHIP. CDBG. or other funding sources and. in partnership with FederaL State and non-profit housing agencies. will seek to provide a minimum of 50 rehabilitated or new residential units per year for very low. low and moderate income residents of the Immokalee Urban Area. Rural Fringe Mixed Use District. and within the Rural Lands Stewardship Area. Families benefiting from such housing will include. but not be limited to, farmworkers and other populations with special housing needs. Polity 8.1: (Deleted text, page 10] ~.::. ~ftt.: will ooerdiBote wiIh the USDA anti ether Stole BRa Fedeml '~~~~ ~ r:::: :== -:i :6::: =~:Ree, impact fee waivers aRd aere.:~' BRa inerca~ ~~!: t' th a A ea Master Plan., for a 300 bed faClhty to proVide housmg fOf unaccompanied agribusiness '.vorkers. Policy 8.1: [New text, page 10] Collier County shall continue to pursue the policy of requiring an non-conforming or sub- standard residences of any type within the Immokalee Urban Area to be either rehabilitated to current housing code standards or demolished. Policv 8.2: [New text, page 10] By 2008. Collier County shall complete a review of the residential density caps established within the Immokalee Area Master Plan Element of this Growth Management Plan. Based upon this review. the County shall determine if and where it may be appropriate to increase such caps. so as to encourage the development of new affordable-workforce housing units for farmworkers. very low. low and moderate income residents. Words underlined are added; words &truck tl:lrough are deleted. 12 Housing Element 10 BCe for Adoption 1-17-07 Policy Y 8.3: [Renumbered, revised text, page 10] During 2004. ::flhe County will prepare completed a housing assessment survey of single family, multi-family, and mobile home units and mobile home parks in the Immokalee Urban Area, in order to determine the number of units that do not meet the County's current health.. ami safety and minimum housing codes.:. and the minimum housing code and The County shall target affordable-workforce housing and code enforcement programs to correct the conditions. Policy Y 8.4: [Renumbered, revised text, page 10] Funding for rehabilitation of both owner and rental units within the Immokalee Urban and Rural Lands Stewardship Areas will be provided through USDA funding.. aad State SHIP funding.. CDBG funding. or other appropriate funding sources. and leveraged with additional funding sources to the maximum degree possible. Policy &4 8.5: [Renumbered, revised text, page 10] Proposed Ffarmworker housing sites will be evaluated and selected on the basis of health. safety and welfare concerns and to ensure that housing for this group is located in close proximity to such things as employment locations, transportation opportunities, shopping opportunities, and health care facilities. Paliey 8.5: (Deleted text, page 10] = =Y ';::1 :ontiftlle Ia make ..,aiIable...u fir9I tffile homebuycr jlfOgram~ i~~~~ ::.::' -;:::' ;-;; ::: Stale, Federal,llntI Pnvate funtl. Ia. FlIfIftW6fker. lIIr~ ~ ~~~ :; ::.: tIB - P oh ooo.e.nale<l WIth 10001 OlItr...oo """,'oe'. T"~ ~~~:. ::'~; ::: ~k-;~ per year will become homeo'.vBers by implementiRg speeial outreach programs t{) eftCOuFage homemwership in the farm';,'orker community. Policy 8.6: [Revised text, page tt] Wheft Collier County is awarded entitlement community status, will continue to utilize CDBG funds will be used to provide additional farmworker-housing opportunities. In addition to housing units that currently qualify for assistance under SHIP program guidelines, special consideration of CDBG funds will be aimed at units that current SHIP program guidelines prohibit from assistance (i.e... mobile home units). Farmworkers will also be encouraged.. through the use of multi-lingual outreach programs. to take advantage of any other CDBG, SHIP, Local, State, Federal, and private programs for which they may qualify through multi lin.gual outreach programs to the farffi'Norker commun.ity. EAR-HE to BCC for Adoption G: ComprehensivelEAR Amendment Modifications/BCC Adoption Draft nf&cg-dw/1-17-07 Words underlined are added; words struck tl:lF9wgh are deleted. 13 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE RECREATION AND OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan on January 25, and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE RECREATION AND OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan RECREATION AND OPEN SPACE ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the RECREATION AND OPEN SPACE 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Januarv. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAI RMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: #MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 RECREATION AND OPEN SPACE ELEMENT 2 Recreation & Open Space Element to BCe for Adoption 1-17-07 EXHffiIT "A" INTRODUCTION: [N ew text, page 1] Chapter 163.3177(6Xe). Florida Statutes. requires each local government comprehensive plan to have "A recreation and open space element indicating a comprehensive system of public and private sites for recreation. including. but not limited to. natural reservations. parks and playgrounds. parkways. beaches and public access to beaches. open spaces. and other recreational facilities." However. Chapter 9J-5.014. Florida Administrative Code. which formerly contained the Florida Department of Community Affairs' "Minimum Standards" for review of local Recreation and Open Space Elements. has been deleted. Thus. while the Recreation and Open Space Element remains a requirement for local comprehensive plans in the State of Florida. the format and contents of such an Element may be tailored to local needs. provided that the intent of the Statute is met. This Recreation and Open Space Element was recently updated. as recommended by the Community Character/ Smart Growth Advisory Committee. by Ordinance No. 2003-67. adopted on December 16. 2003. to further implement the Collier County Community Character Plan and "Smart Growth" principles. The Recreation and Open Space Element is divided into three sections. each of which is guided by a specific goal. These three sections are: . The general provision of parks. recreation facilities and open space areas for the use and enioyment of Collier County residents and visitors. . The development of a countywide neighborhood park system. . The development of a countywide regional and community park system. Within Collier County government. the responsibility for overseeing the implementation of the above goals is assigned to the Collier County Parks and Recreation Department. which is part of the Public Services Division. Words underlined are added; words struak tRFeUl'IR are deleted. Recreation & Open Space Element to see for Adoption 1-17-07 Goal, Objectives and Policies Recreation & Open Space Element GOAL 1: [N 0 change to text, page 1) Objective 1.1: [No change to text, page 1] Policy 1.1.1: [Revised text, page 1] Policy 1.1.1: Collier County hereby adopts +the following level of service standards for facilities and land owned by the County or available to the general public are atiepted: 8T....&NDf..RD OF SERVICE LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park 1andl1,000 population (weight-ed avemge, unincorporated) B. 2.9412 acres of regional park landl1,000 population (weighted average) C. Recreation facilities - Facilities in place, which have a value (as (X) defined) of at least $179.00 $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County, as set forth in the Annual Update and Inventory Report (AUIR), applying the values to the number of each facility type, adding up all values and dividing the total by the County population (.,.;eighted average). 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in-place facility value. Policies 1.1.2 through 1.1.4: [N 0 change to text, page t] Policies 1.1.5 and 1.1.6: [No change to text, page 2] OBJECTIVE 1.2: [No change to text, page 2] Policy t.2.1: [No change to text, page 2] Policy 1.2.2: [Revised text, page 2) Continue to r~ne all County O\Vfled reereation sites aad open space under appropriate recreation zoning. Words underlined are added; words strwek tt:\Fel:l~h are deleted. 2 Recreation & Open Space Element to see for Adoption 1-17-07 The proper Collier County Zoning District for all County-owned parks and recreational sites shall continue to be P. Public Use. or the equivalent zoning designation within a Planned Unit Development. OBJECTIVE 1.3: [No change to text, page 2] Policy 1.3.1: [Revised text, page 2] All public developed County-owned or managed parks and recreation facilities shall have automobile, bicycle and/or pedestrian access faeilities. where the location is appropriate and where such access is economically feasible. Policy 1.3.2: [Revised text, page 2] Collier County shall ~ontinue to ensure that access to beaches, shores and waterways remain~ available to the public... Further the County tmti will develop a program to assess the availability of land for the creation of web new access points. and a method to fund it!-s the necessary land acquisition. OBJECTIVE 1.4: [No change to text, page 2] Policy 1.4.1: [Revised text, page 2] MaiBtain and impro't'e the existiRg system which encourages developers to provide recreation sites andler facilities whiea are consistent '.vita park aad reereation guidelines. Through the land development review process. Collier County shall continue to encourage developers to provide recreation sites and/or facilities within residential and mixed use Planned Unit Developments (PUDs). Policy t.4.2: [Revised text, page 2] Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental iurisdictions that own or operate such facilities and activities within. or adiacent to. Collier County. Said governmental entities shall include. but not necessarily be limited to: U.S. Department of Commerce. The National Oceanic and Atmospheric Administration U.S. Department of the Interior. The National Park Service The Florida Department of Environmental Protectio~ Division of Recreation and Parks The Florida DeJ>artment of Agriculture and Consumer Services. Division of Forestry Lee County. Florida Hendry County. Florida Broward County. Florida Dade County. Florida Words underlined are added: words Wyak tRFGl:lfth are deleted. 3 Recreation & Open Space Element to BCe f()( Adoption 1-17-07 Monroe County. Florida The South Florida Water Management District, Big Cypress Basin Board The Collier County School Board The City of Naples. Florida The City of Marco Island. Florida Everglades City. Florida The City of Bonita Springs. Florida OBJECTIVE 1.5: [Revised text, page 3] Contiooe to operate existiag pr'0gram for enforciag eKistieg future developer commitments for reereation faoilities 8ftd opea spaee. Through the PUD monitoring process. Collier County shall continue to enforce developer commitments for the provision of parks. recreation facilities and open space. Policy 1.5.1: [Revised text, page 3] Continue to in'-'eetory new developer recreational faoilities commitments as approved. This inventory ",-,ill be updated 6n 8ft anmlal basis. Collier County shall maintain aft a current inventory of recreational facility commitments made by developers through the development review process. This iIwentory will be updated on 8ft anooal basis. Policy 1.5.2: [Revised text, page 3] Collier County shall ~nforce developer commitments of de-..elopers for recreational facilities and open spaces through appropriate actions of County agencies. OBJECTIVE 1.6: [No change to text, page 3] Policy 1.6.1: [No change to text, page 3] GOAL 2: [Revised text, page 3] THE COUNTY SHALL DEVELOP PROMOTE A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY COUNTY. Objeetiye OBJECTIVE 2.1;. [Revised text, page 3] By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood parks. Words underlined are added; words Gtrl:lsk tl:lr~l:l!ilh are deleted. 4 Recreation & Open Space Element to see for Adoption 1-17-07 Policy 2.1.1.;. [Revised text, page 3] The Parks and Recreation Department will de'/elop a Neighborhood park Plan and identify those sites or general areas for neighborhood parks on a Neighborkood Park master Plan. This Plan '.",ill be de'/eloped by the year 2010 with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy 2.1.2.;. [Revised text, page 3] The County shall amend the Land De'/elopment Code to iaolude a new definition of usable open spRee that will prO"Ade for an open spaee area to be used as a neighborhood park for the recreational needs of the surrouading area. The County shall amend the Land Development Code to require the developer of a residential PUD. or a PUD having a residential component. to provide its residents and guests with an open space area that is a suitable for use as a neighborhood park. and that as determined on a case-by-case basis. which is. as required by Policy 5.4 in the Future Land Use Element. compatible with the surrounding development. Policy 2.1.3.;. [Revised text, page 4] New neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED). where these principles are appropriate and economically feasible. Neighborhood parks may also be co-located with churches, schools, or other recreational facilities. Policy 2.1.4.;. [Revised text, page 4] Policy 2.1.5.;. [Revised text, page 4] The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. GOAL 3: [No change to text, page 4] Objedwe OBJECTIVE 3.1.;. [Revised text, page 4] Policy 3.1.1.;. [Revised text, page 4] Policy 3.1.2.;. [Revised text, page 4] The Parks and Recreation Department will be responsible for the design and construction of the all new community and regional parks. Words underlined are added: words strl-lGk tnr:al-l~h are deleted. 5 Recreation & Open Space Element to see for Adoption 1-17-07 Policy 3.1.3;. [Revised text, page 4] The County shall continue to partner with the Collier County Public Schools to co-Iocate parks in conjunction with new school sites as they such sites are identified and developed and/or to provide County recreational programs at Collier County Public Schools' facilities. Policy 3.1.4;. [Revised text, page 5] The County shall continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for the establishment of community and regional parks. Policy 3.1.5;. [Revised text, page 5] The County shall investigate the utilization of tax credits or other incentives fef to encourage property owners who '.viSA to dedicate land to the County to meet the recreational needs of community and regional parks. Policy 3.1.6 [Revised text, page 5] The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites where general public access can be supported. Policy 3.1.%: [Revised text, page 5] By the year 2010, the Parks and Recreation Department and the Transportation OperatioBs Department Services Division will investigate the utilization of the existing canal and power line easements to create a greenway system throughout within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). EAR-ROSE to ace for Adoption 17-07 G: ComprehensivelEAR Amendment Modifications/BCC Adoption Draft cs-dw/l- Words underlined are added; words &U'wek tRFeWfth are deleted. 6 --"1i' _~'.._~._...._<~._,.~,..,.,,_.". ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the CONSERVATION AND COASTAL MANAGEMENT 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAI RMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~rv 4"" MARJORIE M. STUDENT-STIRLING \ ASSISTANT COUNTY ATTORNEY 2007 CONSERVATION AND COASTAL MANAGEMENT ELEMENT 2 ,"~ EXHIBIT ".\" I. I NTROnUfTIO,," l,,"ew ft,,!. pagt' Ij SUbSQClion .~ 177 (-'; )(d) Ilurida Statutes requIres all .local gO\clIl1llcnts withinthe State of Florida 10 !la\ c, as part of hell (i1.lvcrnmcnl CUl11prchensive Plans,. an Ilemcll1 ckaiing \\ ilh! conservation, use. and PWICCWll1 \'1' nallllal rc~;ourccs In die (lIca 11\(1 IIlg JII \\atel.\v;ller recharge an.'as, \\ctlandswatel is estuaril1t' marshes so:!s He'S, tlood. pl(lIih, li\ ers. s lakes, harbors. jtll'CstS tishcries :lIld \\ ddlll,~ Inarme hablt;l!. minerals and uthel natural :lnd em lronmelllal resources In 20(C the Slale I.cgl"hllllc mack a change to Subsection i; I 1,6) (dl FS,\vhich lequJn:'s local C(1!lsel\ atiul1 l!cmellt to. consider the applicable W;:1tcr !\lanagcllicnl Dlstric \\atl'! "Ul'pbPllllS ,)1 \\,ltcr mal1agcmenlpLIIl'i \101'-.' II) Conset \ation Flemcnt !1lUchSeS' thell CUllenl ;I:' \\ell as proJl:L'ted, \vatel needs and sOUlce; 1(\1 J\ leasi ~I I Pl'II,)e: In addition to the Conseniltion F1c111CI11, Suhsectlon I; 1 )tg), 1'loridaStatutes alsorequlres c'crtall1 design;ltcd kllal guvClml1ents (inciudmg (',)111CI COUlll)) to have an elenH.'nt of the IDcal cUl11plchensl\ I..' plan dealing \VIlIi n] !lElllagl:i11Cnt This C()~h1d1 !\lnnagel11cnt t t nlll',t "l'l IJ'Ilh I 'policle~,lh;iI,hall gui the loud gmCrl1I1H..'Il1\ decisions and pl\lgr(lm Imp!cl11l111all0l1 \\ 1111 respcct tn t Im\ II1g \lbJt'c1i\t'S \tall1lenancc, ICsilllatlUll.. ;lI1d enhanccment ill' the u\crall qualityof lhecoaslal zone ell\imnll1enl Including. hut nllt Iilniled to, Its anll'llItll'S il aeslhetic values ..., Continued e:\istcncc of \ iahlc populations of all species of Wildlife and malll1C life , " The orderly balallCl'd 1111l17atlon andplcsclval10n CUllSlSlenl with sound cUl1servatiun principles of all Itving and I1t1llhll1g al /Ol1l' lesources 4 \\twlance of iITe\Clsibll' and irretril:\ abll' loss uf cuasW] 1.0 lie IT'~,uurc:('s ::; [':coIoglcalplanni jXillClplcs all.d assumptions to be 1.1 sed 111 the determinatiol1 0[' sllltabilily and e',I.CI11 permitted dc\ ek\l'l11cnl h Proposed management and regulatu!) lc:chniqul:s Lirl1ltatlon of public expenditures thal suhsidil.e development in high-hazanj coaslal areas ;os Protection ofhll!1li1n lile ,walllstlhe etTeets of natural disaster', -,. . __.. ..... m._ __ ._ _ ..--- Words unclerlined are added, words strucJ.<. throuqh are deleted ,Ky. i.) [,h~nrderly development, mamtenancc, and use of [1orts . id<?ntlliedins +0 C I (1) hI fal:ililate dCl'jmater COn1\11C'IClal navigatllHl and other related ;\ctivitles 1 I) Prescnatioll l11cluding senslll\C. adapti\c use 01' historic ami archal'ologlcal n:SOUlTCS l\1e staUlte further relates the functions oCthe COll:,>cnatlOn and ('oaswll.lc111cnts so that. in ctTt>_:t, Incal gll\Crnl11e11ls In eleslgllated cO(l:,>tai ;nT:a:'>,'.;,u,:has (ollic! County arc leqtlllcd to prepale a ( 011:,>crv<1110n and (oil:'>ta! andgemC!11 lcnlC11l \\lm'b (ldlill:,> the requircmCl1h I'm hoth (.h:111Cl1h \ccurdingl; Cnlh'! (punt:: ' Con 11111 and ('.la:,>ta ]\/1 a nagc III 1...'11 t ! :1ellicllt i:'> ell\ Jekel illle) t 11lrlCVIl (ii) go;d an:as rhcsc may be :'>Ul11111a1l (1:'> !iJI c, Protection (if natllral resource:'>, ') l'iOtecttrlll of:'>urLlCC amlesluarinc \'vatel resources 3 Prolce!l,)11 l 1r' g!(llllhhvaki rt.:SOll!CC' -t I'lutcellol1 (1!' tll'sh\\IlCI l'c'Sl'llre(:~, " PIUIl.'CtlUI1 ('I' 11111)(:1;\1 ~lI1d-;()ilICSourT(,:'>, h ProtCcli'1I1 n;l1ivc vcgelaliul1 and wildlifc habitat '7 P1Ulccliun (11' l'lShcllCS amI \\ ddiilc X \lallltcnaIlU: II qll;liil) q \lanagl'lllcilt l) i', 11 [CILIIs and ha/ardolls ] 0 PmlcClIUll ur cuasui I CSClure'Cs, I i I'wtcC! ion pf hh[Ori,: rC:;UUITC:" I:::: Ilurllcal1c len and :,>lwltcring,and \; \ illg lhlJ'illl,IlIUI1 datiol1:'> Words U\leJerlmed ale added, words stlHdthroH~h ale deleted ') Goals. Ohjedi\'es and Polkit.s ('ollsen ation '-~ {oastal !\lanagellu'nt Elenlt'nt GO\Ll l'\J 0 dwng(' to t('xl. page 1 J OB.JE( "fiVE 1.1: ll{evis{'d l('Xl. pag{' IJ BvAu:5t+st Iqq4 the (oilier County will cOmpl€le the development and llHpl€H1entation continue clop and Implemcnt 01 a Cl1nlprdlClhi\c cll\Honmcnlal managl:menl ,lIle! COllscJ\allUn 111l)!:!lanl \\hich that \\ill cnsur~' that the Ildtural resource:, mcludl11g State cllHllederaliy Ihh.'ci il!11rnal "pel'les nlSpeCH:l1 ~lalus 01 ( lllllCI Cnullt) arc properl). appropri,lll'!~\. ctl\.'ct i \ cl:. :lIclIllIlc,1I managed and pn,(ectcd SpeCIes oj' spetH:!1 status are dermed :-< Sr'ecl6 lhted !!llhe ClIITt'l1l On;clai I !stsof f>.lHlangered HndPotenllally Fndangered and Potentially lndangered launa and Ilora Inllorida puhlished _ Ihe Flonda (ldlllt::' lIld !1t~'.h \-'aler I Ish ( 'HmnhSHHl Polif) 1.1. t: ll{('\,ist'd t('xt. page 1 J IJyAu::;ustl ~ugq appoint and establish openHIOt1a! protedltre~ jnIH+echHical-a{I'Vis(H~ commlHee10 adviSeimd assl~t the ('ollnty ,11 the (tCllvHles i!1\olvedHl +hedevd,)pn1elH and+tnplemenlation nl the I. oHmy I ll\-lronmental Resources\.lallngem€f)t Program Collie' COllnt) ]ws hlh'd a mal illS dll ImlrlJl1mcllwi \d\lsm) Council ( \C \\lllch ad\isc.. it ;h'.hts ,ill,' apprnprialC ( 0\111\) ag.C!lClcs the ('olllcr Count) Planning (l)Ii1i11i~;'.i()ll (( (p() and till' Board l.lI Cuunt: (,)I1\I11ISsioller" (BC() III !1l1pkmc11ling the ( ount\ "cm Ilolm1Cl1\all\'SOUIlTS management plOgl:\I1h J.Jolic~ 1. t .2: ll~.evis('(1 text. pag{' t J Bv thettHle nHtnda1edl\~llhe adoplton of land de\elopmenl re~uli:Hlons pursuant 10 ('haptt'Ful (),,2H2 FS. !ncludi ng any amendnwnhl hereto August I. jqg() incorporak theg{,abohjt:"cHvt.'s, elml p(lltt~it's ctllllained \vll hi n I hh L lemt'nl tHto the County s land developmem regulations as Hllerim enVinli1mentHl +esomcespmleclion and manageme+H :, tanti lir ds, ('olli<;;rCOUI11) h<1:) IIlcorporah:d the goa\:... Ubjl'cti\ t'S and pUliClCS d' this. ('onservatiol1 and (oasud \lanagCl1lCnl Iknw!H inlu the ('olllel Cuunly I (llFI Dcve!opmel1l Cock as the CHll1l)S standa idl ,,'11\ irulll11Cntal resourcv" plotectiul1 and mallagcmel11 1I1l' Lane! Dc\ clnpmcI11 ( udc "hili i hc fe\! ddupt iUl1 l1e\\ amLm n:vi~cd Ilatur;,; rCS\)llrCeS management and ll1\ Ironmcntal protcC!Jl1l1 standard" ,u.d Cllterm Poli('~ 1. t.3: l Rt'Vis{'d It'xl. pag(' 1 J IJy Jwruary I I (N(l; the Count-y",ill. have inp.!ace an appHlttrialelya{llHlnislered and professionally started governmental Hmt capable ofdevdopmg admlHI-stenng; and !trOVHlitl"~ long-term dIFeC1HH1 fl\!' theColher (nutHV hl\lHHHHenlul ResoHrces \litHagemelll Program Words uncJerllr1ed are adc1eej words stFHCKlhroHfjh are deleted. .) Collier _ COl1l11} shall Cl)111inll1..' tt) suppol1esrablisheci _ euvirnnll1cnlal policies by ll1aintail1!Ilg an;q)pI()Pl ialely adl1llnlstered~ll1d proi'essinnally staff guvt..'lnmentai unit capable of dc\ ell lplng, I11l1ll Ill-' and pr\l\iding long-term irectiol1 t~)! I he protccl!<)nand Inanagcll1Cnl 'l['ihc ( OUU!\'> cl1\in1nll1el1lal !'eS<HIIlC' Polt{"Y 1.1 A: l f)t.It.'h'd fl'xt. pagt' I j Ensure adeq'uHte HndelleCH\e coordina-tiHfl betwet~fl 1 he F.nviH.lnmenlal Services f)ep-artment Re:n.)lHce..; .'vlanagement Program stall' and all other Wllh - (t!' local umernmenlal ,,'nUlles - fH\.U!\d! tl1 Lmd Wie fUll!.(}! envlh,nnJelllaf ,H'Hviti-esdIHI re~~uhH it)!,S Policy 1.1..15: IIl('\is(>d (('xL pag(' Ij Avoid unnecessilf.'duphc-ation of ef!\}r! and The appropnate COlll1tyagenclcs shall conll!1UC CU()plTal i'~)J) \\ it II pi I\ale natural ICSOUlce conscnallll!l and management (\lgani/atiolls. ,IS \\eli as ReglolJa. Stale ,me! lcdelal l'l1vlrllnmCn1a] agencies and organi/a1ton'1 \'vill \-\\\.m!-, \\1111 \llhel local gmclI1nlCl1tS\ id('1)[il\ and l1IilliaU.l shared natural reSOUlces. Polic) 1.1.5(t: llh'vis('d text. page I j Wh-en d-evetoping ttle Cullier COllnty shall maintain a conscl\Jti()n program. \\hICh aHem!,ls to equltahly l1alal1(,': the Iclall<.lIlship het\\CL'll the \l('nCrlls derl\ (lc! from. and lhe costs incurled by such apwgramlO h the publiC and p1!\dlC >cctms J>olic}LL 7: llklet<'d text. pag(' Ij ('ontillll€-Vvtth-thephased preparatwHandadop-tton-of ail natural resources nHtnage-JHetl! andellvlromnentd~ protecHon";\CtlHI,Hcband t.THenaneeded jll] \lSe!!l IheCoHier County land development rev ie\\' pmfess I mplenwHla! ion shaH oc{'ur \ HI anu H nHuaj hasb,h stanchrdsand crileriadredevek,ped PoltC~ LL8: 1Bl'Iet('d tt'xt. pag(' 2 j Contimle wfth tht:'plwsed preparation and adHjHHHl of all lH1Hllfdresource-s mdlHt1!ement anclem.Honmentalprotec\ioll \;tandards andcrileriHIH:'edetJ j;,r liSt' in lhe CollIer County land developm€-nl re\ie\,\; proct:'ss ImpleIHt:'m<ttiunshal! UCOII un iiofHHlual hasis ,b slandaHb,md,'rtteriaare dt:.'\doped PolifY 1.1.f!9: lR('uIIlllbe."('(1 h'xl. page 21 Obje('tin> 1.2: 1:\0 l"haug(' to h~xL pagt' 2] Polin 1.2.1: F~o dwngl' to t('xt, pag(' 2j WCJr(js underlined are added, words struck thwuqh are deleted. .~ Policy 1.2.2: Policy 1.2.3: Policy 1.2.-t: Policy 1.2.5: [,",0 c ha nge to lex I. page 2] t \0 chang(' to h'xt. pag(' 2] [\0 change to text, pag(' 2J ll{t'vised texL page 3) Ihesy.;tem \"'tlthe HHttlllaJned b~uthe (\HtI11y stuff aHdur~datedoHa cooperattvt:' basis II)' (juallfie"ipuhlic and pnviHt:' \wgalli7rlHOnS Collier. ('Qunty s C0I11putl'lIIedemin)nmClllal resources datastOl(lgC\ anal}.s!s and graphits. system shall mf\)]ll1alio\1 and resources \\ Ith her Fedcrill, SlalC RegionaL ic,cal and prlv;lk em!rnml1cntal management ag\..'IKll> and olga\1l1atloth and lhcgeneral pubh: ! ( \J1ll11j "lm!1 c\lopcralC 1\ lither Ie', llpdat1t1g Its sysrem 111 ()l(k'r that t hcndll', or the Upd:lkd em 111"\ shar\..~d with all apprornalC ICS :1 nl/~lllU!L, Ohjeclin' 1.3: i\o change to lext. pag(' 3j Poliry 1.3.1: [H.('Vised h'xl. pag(' 31 /lVIlle: The4s.\e"isHlelll .Jw... heen ('tHuplelet!.mul (,AlP flHlefulmenl"i {If/opted. lor tAl.' entire.h...eHllu'fl1 area;t"i... indudede..whlisl1ing\RP-l.. olltl1e l'lIfureI,uml C....t' /l4ap. There lire J1O-longer any interim VI?P.h or aJly..tm{rorea..., The (,'/l.-IP amemlmenl" mloptefl fur rite. 1 "'e....menf area are #lOW in. tjlet.t.' flCt'ordil1g~t" the Final Order is.met! 011 Junt'22. /91.)9 hy thehlmini"ftflfion {onulIi....ion. whidlindutled II partial lluwHtoriumfor the h... e......nu'n t arefl. i...fwlonger in eJ.li!t'I.J l'\o further l.:hanges tel thi... pohe;. J Polic~ 1.3.2: l'"'o ('hangt' 10 1<'\1. pag(' -tj Polic) 1.3.3: [\n changt' to ft'\t. page 4] Polir) i .3....: L\o chang(' to t('xt. pag('-tj PoliC) 1.3.5: [1\0 change to t('xt. pag(' 4] GOAL2 [1\0 rhange to tnl. page 51 Ohje(:tive 2.1: l!{('vised h'xt. page 5j 15: J:lI1U;]!': j 2qijO 2()()X.. tlk' C(1Imt: 'ihaillompktc [he pnO!l!lzatloll and bcgllllhe ,)t prep;w;'Illg Watershed Malug~'nh;ll! Plal1"_ 1\ 111ch tklt \HH add!,,'"'' C,'11[;1I11 apprnpnah.' !1k'eh:nllsIlIs !ll prnl,:cl the: (,'um_ s ,."'\lI;I!I!1l.' and \1 dLlIId '.: stem.. I'll,' PIt iC~'SS shail COIlSISt 01 Words underlined are added, "vords slnlcl<.H1fOuflh are deleted ') U );\111,'1 :llll:ltlOn of arc;\s for II h idl Watl..Tshcd \lanag\.:l11lTll Pbnsall,' not IH":CI,'SSar) based on current or pasl II a tI.'IS hl,'d m:m:lgl,'lncl1tpla nlH ng ons, (2) an of 11\ :lIlabk' data and Inform:l; Ion 111:1t can bc 1I",,;d III til'l ,'I,)pm"IH pi' \\allTslh.:d \1an:lgeIlh.:nI Pbns. l\Ild (~) budgct :llIthOIl/,ll!Olllu begll1 pr'lxn:ll!on (;jtlh fll>l \\ \Llllagenk'm 1'1:\11 b; J:lI\U:\I: _'I\OX \ fundlllg s,:ll\,.:dulc-;h:dl be esUhlishc.d Ii' ,'II"Ulc 111:\! :111 \\ak \bn:lglln,nt Plans \\ ill be ,Ol11pklc.'db:: .:'(;1(\ In c",lu:llllg till: orlkr <,)1 PI:II1 cCHnpklilllL (l1iil1!) slull gl'.\.' II :\lI.'rsh,;(b II here the~' 10pl11\.'lll gr<.I'.\ III JHiknl,:lI :1I1d II I I mpact II\\.: gl\:akq :l!l1oun\ \Ictbnd ,111,111>1\.,;1 <chcduk :lIld prliqilleS I cuordi!\.l!cd\1 Ilhil1c 1,-'ckr:1I :l11d SUllc ,lgl'IlC) pbn,-: that Iotal \1:!\ll1IUlll l)a1l) I,oads ( 1\1 D I,,) UI1Ii 11 \\ :ll:I'.,lkd \Ltllag,-'llll'lll Pl:lIh :lIl eOn1J1 ,-:ha lI:lppl) till' (011011 Illg as 1llll'1 inl <taIHI:ml" li.r ,Il\ \.k'plll'-'ilt \1111,:\\ "I..:' \, hpm<-'111 qu;1IIt) I OIUiil\..trlc \Ujllll\:111I.'1lIc' 1,111 1 lUll 111l:111 a ! R'~''-(li'll'',' 1"~'1 III \lan:lg U \I\.:\H D hI !let I:'lefH0HIPoll;.'\1 i, j :md t11\: nlTsl!\.' dlscli;ngc rat\.>: h:qUI Ib\.' \\a!\.'r I c'lUpllKlll !)lijeeh ',h;lllnll:ct nj ':;'. I (a) oj tlie Hasl" of R,\ 1,,'\\ for '\l'pIIGIllllllS \\ Ithll1 SO\lth Ilul1da \Vakr ) H } "l:tlldanbpH\ll';l\\n" fCql1ll\'d b: DmHlagt'SHh- '\.,klllion:lIhl ckh'nlloll !1.:ljlill\:I1lUlt" the: all()\\abk h; 1)r;\lt\;lgc SUlh'klil<.'lIt PolK) I (, " Jlld I ' 0' com e) anec \ olu me rC'-:ldtJllg from d lr\.'ct nnpaclS to Ilet lands "llaIIIKlOllljK'lb:lk'd fill' b; PI"\ Hlmg ;\1\ equal :.\lllO\ll1l "I' "lll!:1gl' 01 eUlllC) an<.:,- capant) Oil SltC' :ll1d \\ Ilhlll (lr:hUJc\.'l1t lo Ihclll1pactl'd I\cl c I 1:\111 ',:\JIllp\,IIS,lllill1,hailh,-' '.'\:dua(ull()j dCICI(lplllellb 1\lthll1lhc dcslgn:1tuJ!ioCld mIl\.": \' \1 :lIld\! ai-depicted 011 th\. Ilood IllsuralK\.' Rail.; \bps puhlt'!K:d h) the F"ikrai Lllh:rg'-'lh) \tlllagcl1i\ll! \\ 1111 all I.'He'elll \.' d:\tc (II' '\O\\.'lllh..:1' 17;}: ,.:; 11()(,dpl;1111,;t,)rag\.' C0l11jJClb1tl"11 "idl :11'-:01".: c'lidu:\\I.'d ;11\..~as 0\\11 tuh,' pen I; 111I11](1:1,,-,d 11) IIlkllSl LlII!!;ll slk'\.:llh)\\ IltOI1'- \ll,kl,-loj)!lll'llt I\, nlllll :,llca> \.'Ilrll.'nd; Id;.'IlItII\.'d iI'; 1<.\.',-:\"raltonProjccts as Icknll!k'd 1H ('11 il,... SOUllm,,,t Ilorlila DmHFt'ilSlbdl!; Slwi; (I ib:lIlC ! ) ,,11;111 bc ,':\:1Iuatcd tn i.kkITllIll'-' I (011allll:1I Ildiaillb, (" "Iow!\),-: 10] paillcubr \.'\ alu:lllolL natlil;d \1 dlanc!>. nOlI IU~ ol-;l1all II d) Ilknllflcd :I', CI1lltlg\ii'Il'< 1;IIHb 1m!;; :l\.(lllIII1U;!I pr,'pO!1dCI:1llC,' I\CI!;lml 1)1 lId l:h'ult.llllepblltsl'c\,.",'" aUi\lmd '\,1111'1\ tIKm:1J,)1 ,'11 ill tile n:llural I\dl:mds,tlo\\\\:l) 'I -;!uug!!> :11 ki1S1 \)Ik' (I)f(\()j cr 111:\11 tlK' grnuml at the \.'dg,-' of lh,.' lklllllal \\l,tLmd,-: i]uI\\\;l\ "I,-:loughs! . ()tlh,: IUlur,d \\\:tl,mlb.- 1],)II\U;.-;. ur sluughs,hall nknll! Icd lidd dCklll1lil;IIIUll ,\\lei h:lc<d UPUI1 \ ,'g\,:t;IIIOI1 :ll1d ;]lIon d !mlll till Jd.FII'ClllllpialllJS ur tl:msltlUl1al 11"tLlmb Ill,: (olllll; skill !<-'(Jlllr,' the :.1ppllc1\11 In:l\ dlrecl Impacts to !lalurai I\(,tllmcb, 11\)\\ Ila; s, i)r slnuglh ilL pi""'lhk I. ibUIL :i11) I I; l11il1lll1l and ,,'nlllpcils:tted f(n h)jJl\i\ Idl11gtil' '-,1Illt con'. "');Jnc\.'c:\pacll;. I\,st to) the' dlll'ct 1I11P:K[ lhe C\)Uni) '<l1all adh~'rL' to ilk' lil]l,llllg dl'.lI1:Hg" 1';111... \.\1(11 b:bl!1 a.. oulll III ()rdll1:lI1c\.' Hi 1- } 7 adopk'd\Ll;. ,', '00 i :lllll'l1\kd I h,: C'lIl1l) \Vakr \ LlI1ag"Ill,-'nt Pollc) :md pnn Hied h,l.-;iIl ,kil:l,-'allull"Sjkeu! p,:ak clisthalg\. laks I.' hL'L'n c';tahll,-:hcd The Illl1ltll1g dhchargc laic'S \\ ill hi.' 1'\.'1 1\.'\I\.'d as:1 pJlt rhl'\\:IlI'I',-:h\.'d 1)1;111": :\I1cl IHudl 10,11\: :m..1I;, '-:e" and i'11\\llIIg-.. "d lhc \\ i\l.lnagcnh~ 11\ PLill'-: ..: \!II1(\\ prop,-T1lC'-: \\ II I 110l sllI.-..:1 nOlI el Pnortotk' hSlial1CC (l!:dinal cklclopl11cnt order thl' Count; shall r'-'l[lllrc all ,:lojll1l,'nt JlI,~ct"b [(\ ,)ht:lIl1llh: IlCCCSS;lI) slat>..' :md kclcral ,'11\ lronl11l'iluj pl:llllltS lIOpll1'-~ill :111(\ clopn1l.'nl prcU...'c;IS ~h:dlcll'-:lIrCS\lrrollndlllg ~lch LTsl:l) ImpaclI."d from ll1,-' pnUcel' mtluclKl' Oil SlOrl1makr Words underlined ale added, words struck HlfOHQf1 are deleted () " \\lthll1 011-: \\..:ar ujth~' d'h..:ctl\c dal-: ofllll'Sl~ ~Hncndl1h:llts. th-: COllnt\ shall 0;;. . .- ....._ ....-. . ...__ _.. .... .._ _...._ ... ... ". ........-.-... ...--.. .w... ........ "---.-...,,........... .-'- . ......m....... ._n......... ..'.n..____ ... ----_." ,--- --....----..--------."..-- .. adopt land (k\ clOpllkJ11 r~'~ubtlol1S to rcquir\' Iksl \lallag~'l1)l'nt Practices of flltur~' lk\ clopll1\;nt nr fl'-dcI ~'klpI1lUll pn'J\'ch i\lallag,'1l1~:1l1 Pr~lCt ICl~S 1l1l..':l11S sl ruclur:t! ,Jlld 1l(11l->:tnKtlIr::! Lledili\; (\1 1":11.'111.'\;': illll..'lldcd I,' I,,'due\: p\dll!tll\l! ',.'llk'!' llll'i\Ugl1 sourc~' CC>i1trol or tr~'~\lI)h:11\ of sl( 11'111\\ :11\1 F Igurl' \jJpllc:hk H.cst, ,Iation \Vh~'1e InklllU 1)\.'\ ~'I()p\lh'llI Slalldard " Policy 2. L I: l\o change to t{'xL page 5J Policy 2. t .2: F\jo change to ({'xt, page 5j Polil') 2.1.3: l '\io rhangt' to H':\1. page 5j Polil') 2. t.4: L Rt'viSt'd ft'x t. page 5 j ,\11 W;ltershed \lanagel1lenl PLlIl', should shall address the !nli(l\\lllg cuncept'. a ApproprIate wetlands and uplands serVing aSd buffer to \\c!lands are conser\ec!, b Lkl1nage systems do !lot degrade \\elland and eslllar~, c SUi't;lCC \\ater tlla j1()!..'l1lldiy ltluld recharge ground \\atel is 110! utl(iul) drained :1\\ ,I \ . d \\:1en feasible the e"'tellt and eHects nf..,alt-\\ater IrltlUSlon are !es',encc!, e lhe tirning and I'll)\\. fresh \\;ller Into the estualics from the \\(ltt'rshed shalL as a 111 ll1i ll1U11'l. 11Ut dcgrad\.' ,-:sludrinc resourcc \aluC', dlHI r Th.:' nCt'cls of tile \\ s l1;llUI,!i resuurcc', and human populations arc balanced (I The effects 011 natural ll(){\d pldlllS stream ,,'hantlels. na\l\e vegetative COnl1l1lll1ities an.J nalulai protecli\ hmlIer', \\ hieh are In\,)1 in I ac(:un11l1oclalli)Jl of tlnod waters. and h '\on-slnlCtllral ratlle! th;m,tlucturaII11Clhods of surli1ce \\aler management should be considered t1r~,l in and) pn'pClscd new \vurks , L_ \\~tlatld and ('')lllmine l1ahltmJl1!lCl1i2lb..~l-'C qmsen ed and/or enh;lI1ced: and J \\ctland and estuarine ems \\111 be conser\ed andur l..'nhal1ccd using a vanet) u! inIW\all\C luol". IIKlud ng !;llldmvllcr lncenl!\t's. publiC ISI[lon. ('0I1Ser\atI0l1 casements, and or tr;l l'Lihlc development rights Polin 2.1.5: l H.('\'iSt'ti t{'xL page 6j '\"';U{1PIH'opriale imegraH:> emlfCH1IHental resources data colleclion.. plarming.. and llHlHagernem <Jl..:lt\iHes \\-!llt the \\idler lllHnatfemenl baSin studies descnbed IHolher parIs of thisP lan, t :pCHI cstabIIShrnetl!. ufl he \a IIOUS Watelshed fVlallagemcllt Pia ns !()I' (oilier ('oun!) all envlflln1l1ental data collection cm Ironmemal management and e11\ lron1l1cntal plannl11g aCI1\I!ICS ClllldUCl ( oilier ('ounl:, "hall be conducted llSillg a basin-b\-hasin appr\\ach Words un<ierlineeJ arc added, words strud lhf08qh are deleted 7 Polli"y~ 2A:.f}: lDt'I('h'd lexl. pag(' 6J Promote tHterg{tvernmenlal cooperalhJIl betweenCu1!ler (OllHly and lhe n\tHlicipalilte~nj "lapIes and F\d::'lglades (' !()j COt1Shlenl watershed management planning Policy 2.t.Q,7: l Renumbered text. page 6J Polk) 2. t. 78: l!\l'W ll'xt. pag(' 61 Collier Cl)UllIy shallulkc lilekad dndJlromotc lillcrgO\ernmental nallon b~~t\vcen the ,)unt) and nthcr go\el11l11cl1tai dgelh'ic~ imuhcd \\lIh watershed ..planning including hUi not lH.~cl'ssdlily ldn tll the illunicipalltles \Iarco island, '-aples and lVl'rghdes eil), the j. Dc'pali I !lc:nl (11' [I1\11UI1111t'lltal Protection t SOllth I lunda Water \Ianagemenl Di..,jrlct ! IUlld:i sh and \\ddlle (UIlSC!\a110n CommisSion, the Ish and \\i1c1 ife the l S \ri1l) (orp:' <)1 lnecr'> and \)\!1l'1 govern menta! agenc les I \\ ill take t he I 0\ ('ISee t j'leparallUI1 llf he necessary watershed mallilgcnh?nt plans, and wili upon \\'llk perl(1l1l1cd or data coilccil'd h: ;\gl'IlClc:;, I l'1il thm these agellClt's have and or c\pcncncc \\11Icl1l11a) lIsct\.i1 1\ Itillti the \\al;:lshcd hasln I'la1111i and iJ]ill1agcmcnl pn1(c:;'; Ohje(.tin 2.2: lNo rhangl' to (('xl. pagt' 61 P()lir~ 2.2.1: I H.l'vised texl. pagl' 61 Wastewater treatment planls shall nol he allowcd 10 disdwrgc directl) Jurisdictional \\ctlands un tlwy meet DLR Florida lkparlmcnt Prulccllll!1 U DiY) !cgu!all(llh and arc nol ill \ ic,lati'>!'1 pf '\llk'! Polici,.:s or this .L:.kmcllL to r1\cr5. canals or of Fmironlllental Is ObJet'lives and Polil'~ 2.2.2: lNo rhangl' 10 tt':x1. pagl' 6J Polir~ 2.2.3: lNo change to H'xl. pagt' 61 Polin 2.2.4: I No dlangl' to (('xl. page 6] Polin 2.2.5: llh',ist'd I(':xl. pagl' 61 B~ Ikccmbcr .' I .\O()X: and 110 I !UIl \..'\ \..T) llmil') \..'ars. ,111 \..'\.h4lng dnd fHlHFC sl0111m ak! mana!;Cllll'nt S)SkIlh shall bl.. Ill',pcckel ;1I1e! c\..'rlill\..'d by a IlCl'Ilscd l"londa prufcSSI(ll1al,:nglllc\..1 IC!j\ttad) f(l!' ,,,:ol1lpll;l!1C" \\ IIh Ih'.l! apprm \..d deslglL illld h,,' H'{jHHCd \(l an~, ICllLles shall be cOlTl'ciI..'d Ihe {h::-tl{:tl'llCI\..'S (olllt+ ( (\uIH:shali ha\\.'l{knllticda pl'(H:t'SSh\l(kllllt~ SIOnml<l{..'r HliHlatt'lHt'Ht S:'Sh.'llb 1 I Jill ill\.' Hollnl'vlui~ Shih \\akr ljllaIHyIFt:;lIml'nl ShHldanb 1Il eiJi:i..'t at th,,' ltlH\;'i,1 pnljt'CI approval tlH.k,,\'lopmg dlld Ifnpkmk'tHlIlg sHcha pnKt''is. Ih", (IHllIt: shal1s"....,k ~JlldalH:t.'ilnd ass1Shtl1c\;'. homtlk.' SOllth FI\\Hda. Waler \liHwgt'm.,-rll DIStHCI iSF\\.MDland fUEP. Worcls underlined arc <Hided; words struck throllQh are deleted s " Objt'l'tin' 2.3: 1 No ('hang(' to It'xt. page 61 Polic} 2.3. t : 1No l'hallgt' to texl. page 6j Policy 2.3.2: 1No dlallge to tnt. page 71 Poljr} 2.3.3: 1Rrvised text. page:j In dllBttempt to increase grtHlt1d waler levels and 10 Fbtorethe lHtlHlalhydropertod fi.)l the natura!. If'esi1\'dllt'r inpHI hI the es+wmne sy~lenl fmy flilUfe m"dif!,c'attnnOI' puhllc ,.vater control Siructuf€::rln the \\ater::,h€o above tltt:'contml sHLlcture \\lnch \Vould amount 10"(10" or lHore ul"!he (,ChI "I'd He\.\, ..;llucture sha! be ned in reulit dsnHlchwaler as ai)propriate ,\I! \\ .ltl'lshed baslI1 ilmdilicati'Jn act i\illCS shall illClu(k apprupriatc dc!cntlon and IClentlunClileria, consistent \\ Ilh llll' rules and regulatIons of Ihe South Flnridd \\atel \lanagclllcnl DlSlrict HI:':, c\ nasln Board Coillt.'! (,'ullt) ,IS l11a) he applic,lhle Polic} 2.3.4: INo rhange to ft'xt. page 71 Polil'} 2.3.5: 1 No rhange to texl. page 7] Polin 2.3.6: I Revised text. pag(' 71 The(ounty will only allu\\ Restrict dC\l"lupmCn1 actl\itll'S v,here \\hich \\ill not sud) could a(1\ crsely impact \,');I,,\al aiel lCSlhlru's !hlS iSlll1pic!Hcntcd 1hlllugh the !(111o\\ ing Illcchal11,>m" a Requ!rc all applicahle h:ckrai and Slate pcrmlts addressing \\aICl quality tu submitted to Collier ('lunt> hl'!()il: (olliel Counly ISSlil,?S a linal De\clopnWnl Chdcl ',eluding single nllnily humcs, any 11n)jl'Cl il1lpactIlH:~ .~ acres or more or \\cll:IlHbnlusl pru\ ide a piC and P,)S! dc\clupmcnt \\alel' quality ana!::,sls to dellHlllstrale nil IncreaSt' 111 nU1llcnl, blocl1cl1l1cal ckl11and tnlal suspended Ids llnl' and c\)p!)l,'rlu(!(ling 111 I ill' post dc\c'lupnlclll "('c!1ali" l' Ls) January'" lhe ( Illy '>.hall undertake an ,hSC'';SIl1CIll the current I1Hldel to c\ ;liu;uc pu',1 clopmentp(lllulanl iO:Hlings rcrelencedll1 th) this 1'011 a I11llilt1lUl11 thl' IHlrj1osent' thh assc,s!l1cn1 \\ill be 10 verit';. thl' ac~:urclCY ill' lhe and to pnl\ idc a c\ aluallllg st'JII11\\alCI management StI'lIcturc deSign ill re\ll'\\l!1g the dell! ul'the 111'\l,kl the (ihllll) \\111 Include all e\;.\luallon ulth,,.' lcdUl:li\ Ii \dla dcpths \\l1h 1!l1ie ami t l'nrrcspol1dlng Ius" or retention illul\1e the llilpact of I,d,,:c straliticatlon, and need illr aeration TIll' ,bsc'ssmcnt \\ ill a s() Ilicludc lh~' sampling o( III 110111 Ufl(h;tulbed "itl's and "10m permil stcHIIl\\atl'r outll]lls Ill!' IlIC IXlramell'rs Iislcdin Paragraph (h) Ih1S Policy ,lIld 11L'"t!c!~k" Ihe n:"IIIt" ul 1 :md recummendatlons regardlllg the Illdll! Inadlll.\;! :1I1aly'.;\s, rn iSlUIlS \0 cunelll l11udcl methodology Words underlined arE' added, words struc~ tjlrouqj~ are deleted \) pot(:'rltial regulatory restrictions, and further Illollltormg shall be presentedtothe Board ofCounl2' C(11l11lllSsioncrs ror tllrthcr direction Objective 2A: lI~t'\ised h'x" pag(' 7J BvJun:e .~o jq()g.. complete a dmli agreement \'lIlh the FlnFlda. DepanmeFtt of r:llVlfOHlHentaJ ProtectIon regarding coordinated. and cooperative pkHllHng maHa~elHent and lHOflltorlHg progra1l1S Rookery Bay andCHpel{(HnalH11 t'H Il\oltsand Islands '\quatk' Preserves and thell \.vater..,heds I he agreement shall IdentH): the processl\)f IluHt~,:i!lgFl )FP ,1" devdopmenl jHoJech \V!tlli 11 thewaldsllt'(!--. ol'lhese pre',er\t' drt'ih Colliel County shall Clllltlllue taking d conldlnated anCl cooperatIve appro(lch\viththe Florid, Depannwnt ! i1\110llI1lCnt:ll PlolccttonD[P) planning,management a!hl I1HlllilO1ing programskll R(lokery I ell ]uusand hblds\quallc and tlleir the County...hall contliiue to nl'tl IIHP or de\cldpnh'lil prl these preserve ilIC;h regarding cli\lwl1ll1enlal Bay and ('ape Romallu \ s pan I hi process ~, \\ I! hill tile \\ ,\ t crshccb Policy 2A.1: I ~o rhange 10 [('xt. page 7] Polic~ 2A.2: 1\0 rhange 10 lexl. page 7] Poli('~ 2.4.3: I No fhange to ft'xl. page 7J Objertive 2.5: INn changt' to text. page 8) Polin 2.5.1: INo rhang(' to lext. pag(' 8J Polif) 2.5.2: INo rhangt. to It'xl. page 8J Polir~ 2.5.3: INo ('hange to t('xt. pagt' 8] GO\13 INo dUlIIg(' to text. pag(> 9) ObjertiH 3. t : Illnised text. page 9j (it'oIJlld \,>alt.'! fjllaJ1ty shall Hhc'd allappIH.'abk' ';",'{kmland Statl' \\ah:r quality shtlHlardsb; Jamt31;H201i2andslhlJiht' lH,Hl1taHh.'d llh.'ft'al1t'l Gruund \\:llel qu:dlt) sldl nh.'l:t ,111 appllcabk Ic(k'!",d and Slale \\(ltn lll1,1 stand,1 Grlilllld \\:\1<..:1 ljlla!ll) shall Ix !l1iJI1l1ure'(lIIlIJrdcr te, delcrliill1l' \\ hl'ther del. clopl11l'111 ,lei 1\ 1111,'" ,11\' cOlllnblltll1glU thl' dc:g!a(btloll 01 (oilier ((1111\1) 's gr,Junc!\\ater quallt) (,lOlmd \\;1[(;rd:1I,1 :llIdland lIse "ctl\llk'~. \\ill Ily to dcknllllle !UI1l!-lCrm (rends \\hdh(T till (<lun!\ IS I\h',:llnc> I, ;md Stall' rl"!ubul],\ -' -.. - -...- <l~l nd;!I(b gr, Illl1d \\ ~ih:r qu;llll) I hl ( I'll 111) I il:qU I r\: groll nd \\ :Jkr l\1on1tolll1g olbnd lIses III accu!cbncc \\ 1(11 CI1:ljlkrs h ~() and 7 uf tl1\' 11\\I'Id;l\dl11Jlllstr~lll\ I' ((1de IJll'n tile' dlket In!) an~ g I' \\ ilkl ckgradat iOI1 ddllTn Illed t hrollgh I hI 111011 lion ng pl"lC~'SS., the (PlInt:;. I.\Il! nOli!:;' (hl' ~lpjlropn~llc ll'gula(ol: :lge!hll'S Words underlined are added, words stHJGkUlrouqn are (jeleted 10 In:1COQf(1111:l1Cd,.Jfon\\lth ilh,: I !mtcd Siat,s Gl'ologlcal Sun~) (\ SGS) \H Ill' 0\\ 11 accord, the ((\unt~ shal11l1stltuk agroill1lhakr !l1ol1ltorlllgnct\\ork h) l()X Includmg tlh COl11prChCnSI\C 1l1\I.'1l10r) Ofml1l1!tUrIng \\c1b"an :lsscssml.'nt uf 1l1\l!lIlunng \,,,:1 IOllSh ,bm:igcd ~lI11j PUIKII.'" to m(d.,,' appr<J1HI(Itl.' \.\ ,:III\:p(\lr:, (!lid fCl'L!":Cllh:lll Objective 3.2: [No change to {t'xt, page \ OJ Policy 3.2.1 : [No \'hange to text. page IOj Policy 3.2.2: [No change to {{'xt. page 10j Policy 3.2.3: lI)('\Cf{'d ft'xt. pag(' IOj A~f{}rnrniHeeufwdl LIHltriH':10! S and drillers, COlH1ty starr Ileallhl)eparlmeHl statLand SOlith j'l.orida \-Valer\4allr\gement DisHict stall wil i cOlHinut. to evalualellw need for well (,;H)strllclion standards that are morespet:tficto( nllier( oullly and ret1ect {oilier ( ount' condiHnns Polic~ 3.2.4 3.2.3: [Rt'\ise(i. n'IHlmh('n'd h'xl. page \ OJ The CH.lHty' \'villlHfonn well cOBtnlclors anel dffHers iind lhepubflcnnlhenecessl1y l{l! propel wdl c\~nsliHCltnnHnd hold workshops for well {~riflels (HI pnipt~l techniques lit! \veJJ cnnstnlctfnnHl( dfltt:'l ( \tHlll\ Collj\:r('ounlY shallcllntlllUl' lO pru\lde illl(JrmallOil(! matcIlals ,1I1d hold informatIonal \\urksllops(fol \\cll .,'()111raClors, \\dl drillers and the seneral public) cOl\cerning the Illlpor:ance ..11' folli.H\ ing ])1\'])C1 \\ drilling and cU!1strllcttontl,:chntqucs in ('olliel ( Ollnl)' roli('~ 3-.2.5 3.2A: ll{ellllmbt'I'NI tt'xl. page 10j ObjefliH' 3.3: l"'O change to text. page 10J Poli('~ 3.3.\: l No fhange to {('xt, page 10j Polin 3.3.2: IHt'\is('d 1('\t. pag{' 10J tisethe res+lfts-nftlus analysis 10 IHodity thecakuhtted 'c{mesol inl1ueH..:e andmHlHeml lhe( 'nmprehensive Plan 10 include these areas as ell V HtHHiwntaIIy st'lhft ive lands' CoIlicrCollnt) shall use its threc-dimcnslcmal computer 111<)(jel to caiculate the actual celliC" of depres',iol1 (\Illlli1d the C!lUllty'.; cXlsting potable \'vdter \\ cllrielcb A!ler <11 least i" days publication maps \lIthe proposed /OI1l's OI'plOlccllon" l~ach such welllield be eae I hearl112 b) "\(, PhlIHllllg COl\llilis...iol! and the L~()ard n!' County CU1l1111isSJOIL the CCHJI1ly shall then alncnd lheappropnatc clements of till'- Cnt1\\! h \lanagemcn1 Plan to sI10\\ such (.tilH.'''OC depression as /llI1C, protectloll \\iIhin the ((lullt) wide Fullll\.' 1. sc \lar Polin 3.3.3: [No chang(' to text. p~lge IOj Words uncJerlinecJ are added, words stlHckttlrouqh are deleted II " PoJi*,y 3-.3.4: I ()ell"tNi text. page I t J (nHttHHeh ,establi~hal1{i HI,ply technically and-leg.all ydefen~lhjt' cnteria ftHdeterHHHtng itnd--nrdpping zones nf pn,lection (1)('let('(1 tt~x t.. pag(> 11 j FO'rflH't'OH-,JI<;C'fl VI<; .J.3HUdl>>oHfies3.3; L 3.3.2.,~.3.J. 3.JAjdt.JNedl Ohjert in 3A: 1-'0 rhang(> to (('xL page llj Polir)' 3.4.1 : lNo rhange to text. pag(> 11] Poliry 3.4.2: 1",,0 rhang(' to H'xt. page 11 j Polic)' 3.4.3: 1 Revised text. page 11 J GrnunJ\',atcr qualltymol1i!nnng clata shall he A:1SSCSsi..'d the-datil annually to determine whetht'r monitoring and naluatloll actl\ Ities andCiHll1ty (hdilHIIKt'S requ1!c cxpansinn modificatIon or reduction rill' \\111 als\) be assl',>sed lot Ihl' purpChe of detcII111l11l1g \"hethi.'r ('ounty grounch\atcr pl'oleC! ion oldl !lances should alllcmk.d Poli{'~ 3.4.4: 11\0 rhange to lexl. pagt' l1j GOAL'" [No fhange 10 t('xl. page 12j Ohjeflivt' ....1: INo rhang(' 10 text. pagt' 12] Poli('~ ....1.1: [No ('hang(' to It'x1. page 12) Poli{'~ ....1.2: lNo rhangt. to text. pag(' 12j Polic~ ....1.3: [No dl~lllgl' to (('xt. page 12j Ohjedive ....2: ll-{{'vised texl. pag(' 12J The ( oilier County \\atcl'-Se\'ver DistrlCl and tile C)llicr County Water and \Vastewatcl \uthurity \\JlI U11l1lnllC 10 pl,)mu!e l'ImSCr\atloll Ih (nll1cr CnUl1t)':-; potablt' \\,11er suppl~. and 11Y April. i. de'vt'klj1 \vill conllnllc de\clop Implemcnt and relinc a comprehensl\e COIiSer\dli()Jl serat \\hi\.:h \viil Hk'IHI(\ ilK u()dl reducing per capl(;; potable \vater l:on:,-Ul11plIC.!l Policy ....2.1: [No rhange 10 t('Xt. pagt' 12j Policy....2.2: ll-{evised text. pag(' 12 j Words underlined are added, words struGklhrouqh are deleted '''-' j~ " rhe (ounty ::;11(111 0..negotlale agreements with area golf coulses to accept and LIse treated \\asle\\ ater emucnl I'm ilTlgatlCi!1 1\ h'.'11 and \\here such Healed ctl1ucnt same IS availahle fnl!ll e\lsting and lulul C \\1',1('\\ ater treatment plants Polic) -"2.3: [:'\io change to tnt. page 12J Policy ....2....: 1\io changl' to h.'xl. pagl' I2J PoliC) 4.2.5: 1 '10 chang(' to text. pagl' 12J PeltfY 4.~.(,.: t DeletNj text. pagr 12 j IvaluHle and lnake recnmntt:'ndaHuns vrhere appropHah:' f~H phlmhmg fixtures and liuKlscdpes Ihat are designed fOlwater {'Ollservat inn purposes CO.\L5 l:'\in change (0 trxt. pag(' 13j Objrcti\'e 5.1: [1\0 change to text. pagl' 13J Polic) 5.1.1: lRt'\'ised (('xl. pagr 13J nte-{I1ttnt) shallaltow 1HIHerale'ttraction operallonsuftspr(wtded III thel{}Hing C{H:Je rheF lime l.andt se Fkmcnt (I Il F) and the Golden Gale \laster Plan (GC,\\H>) IClement of this Cllo\\111 \Ianagcmelll Plan (.(I\\P) dcliilt:ate Itlture land use designations ,lIstricts and or subtltslricl> \\ iil'!el!i mlll'.'LI! e\tractionoperdtlon~ :.lrcallowcdcilhcl by right, ur through ,I conditional use perilllt The Collier ('ounly l.and Dc\ l'loplllenl Code (LDC! Illa~, ,dl,H\ milll'i<l lactioll actl\ ltlt,'" 111 apprOpllatl' lOlling distllCIS consistellt withl!1epIO\iSIOIlS and lill1aalOlls cOlltalned \vithin thi" P\,lli P()l-if~5A.2: lDl'Il'll'd H'xt. pagl' 131 A vvaieFllSeplaHHt\:tst l'lt,~ prepared by the appll€ant and appmvecl by the (,HHlt\- Water i\lanagenwnl Department bel~)re lH:'\'v lHitlentl opeldtiolhfHe permilled Poliry 5.1.3l.: Ilh'llumh('r{'(j texl. pagl' 131 Polin' 5.1 A 5.1.3: . - IR('numhel'('d. pag(' I3J Depth or c\,cavation and Ck\\illenng shall be restricted In areas \vhere Sdlme water can mtruclc intn the bollolll the pl!S i .\1"0 ('r 10 Polin ~; I Poliry 5.1.5 5.1.4: I Rellumhrl'('d. revised (ext. page I3J \!Vords underlll1e(j 81e ;J(jded, words strucl<, thfOUqh are deleted il _"'...."".-110 ^, MnHiHHtngslllillhe Fe{jlllredH{t1 delermitleCOtH!,1 iance vl'lfh SlalewaterqualitystandiH{!s rVlining aCli,.ttH:""...hall stopt!' \"cHer qualIty standard~, are \iolaledcb a resull of the mifH+lg operation Cullicr COUi11y "hall mnl1ilor the ',talUS (lr ali~;hl,d state \\alel qualn) lllo1111oril1g ml\gr:lIl1s !lll ililllcra] c\,lr,\Cl1011 actl\ilic'" lh,' le,;ults or t pcrmittedrllonitoring program shall be copied ((l (nllH:r (()Ullt:, In tlk e\Cnl thai a 111l1l1ng uperatiUI1 h in \ lUll u!' crqu,dity 'shed h,y t he perm' Collier County II \T t!\(: rIght t ulder a SUSIlC'l1S1Ull ot' he nlll1ll1g activities unt1\ the \\,Il~~r (,unlity \ i,)lalIOn IS 1\",(,1 Objl'ct ivl' 5.2: lNo change to text. page 13j Policy 5.2.1: l Rl'visl'd tex1. pagl' 131 Ihenpmuram wi~1 dellne reclamatHHl slHndards!'()f' lheprnteclion and restoration of wihlJ.ife habitat ReclamationSlandards f()r mineraI e'itractioll actl\itles shall be asrequl1cdby the iCiSh State, '1' Florida Resource F'\l raction Reclamat lUll Act. and as re!l.'rel1ced in Section 22- 11") the Colliet County (ock or i ,(1\\ S al1d (hdimlllc,'s, as amended Ohje(.ti\'l' 5.3: lI{e\ist'd text, page 13J The Colli(;'l ('1)LHlty Fngl!lcenng Sel'\xesDepartmenl shall pellodicalIy Onbienntal bHS1S, begtnningin Ocld',er \ reI lev\and refine estimates ui' aC,sess the typcs and quantiues and ion or t'\lslmg milLlblc 111II1Clal n_'source" ill Cull ('I COUllt). fHlse{iin infoHnath)f1collecred plel:IUI\"- hiennlHlH Polic) 5.3.1: [Rt'\iSNllt'xt, pagl' 13J Ihe ( olliel t\lllnt) 11('('llllg Department shall V\i\\llIk with the l'londa [)cpaltl1lent nf 1-:11\ ircml11cl1tal Protcctiollo and the Flnrid,1 {le(llo!:!I<~'al Survey and lUCid J11ll1i11= industry uf!lclah I :11\ cntnlY and evaluate as~';css the t:''\lslll1g 111 III era I reserves III ( olliet Count\ ('he lll\cntnry and a:e-scssmcnt \\ill Illcorporate lIS,~ of ,I GIS-based database nl' all areas n tl'l~ (oulliy th,ll arc jH.'ltn!tt eltll"l light, ill' through a c()nclillonalll.sc pl'lll1i'l [0 ,'OIHllI(! ii1llwral C\tr,h'tl()!] (iperatl()lh (lc, l.~il as the \olulnc of lill t ha I is rermi tl t (\ Iw rl~llH "lie h act I \ C 1111 nC1a I ract lun opera! Ion Objertin' 5.4: lNo change to tnt. pagl' 14j Policy 5.4.1 : lI\o changl' to It'xl. page 14J GOAL<i lI\o rhangl' to ll'xt. pagt' 15J OhjN"tive <i. I: l Revised text. pagl' 15j Words unej(:';rlined are added words stnJck throW1h are deleted I~ The ('dunty shall protect natl\C ,cgdatj,c cnnHlHlnilics through the application \)( minimum prcscnallon rcquin.'1llenh The fnl10wing pOIICll'S pru\ all' criteria II) make [his ohJecti\c measurabk lliCSI..' pullctl'" shall apply to all \)1' ( ull!cr ((ll.ll1IY ("<ccpt 1~)1 lhe Iclstern I ;ands Study,\rea \'vhidl policH:''' art.' requin:-clIO he adopted hy Novemher I 2u02 thatpunion till' COUnl) '.vil h IS Ickntlllcd un i he (I.HI111y\\ i I ulure Land l sc \Iapt] ,Lt, \1) :IS Ill..: Rural lands ship \rea (he! Polir) 6.1.1 : [I{('\ise it'xL pages 15. 16] For the C O\l11ry' s Urhlll1 f)csignlltetllreil. E\1ak\ f)csigl1atctllrca. (oI1H'n'ation Designated Area. /lud Agricultural/HilmI .\fixed Use j)istricf. Rural-Jndustrial District and Rural-,\'dflemen! . '1 rea /);\11';0 ,J:, deSignated on II I 1\1 nal \e \ egelatl\)!l shall be prc'.encd on-sIte III t1L' applic,lllOll ('I'the f()l1\\wing pr\.'ser\allon and \cgelation r,'tcnli,)Jj sLmdanb and cnil'ria unless the ck\einpmCl11 uccur" \\ltl\\11 !hc,\rcCl nl( riticn\ Statc (\)J1ccrn IACS() \\her(' the\(S( -;talldarcls IckrClk'ed 1111 lUlU!\' Land l sc II('me11 shall appl_ '\OI\YII alldl 11('\( S( Icquir('l1ll'l!h. thiS polic:, shall :lpply to' all 11()']-ngl1Cltlutnd lPl1h'lil !I)I ,;mglc"t~lIntly th\cllmg unllS situated on itHii\ i,illal lots t'l p;ll'ccb that dll' lIul lucated \1. l[hll1 a \\;lk'l shed managcl11cl1l cUllscl\atiol1 area Hkntitil'd tl1a\Vatershcd 1\lanagcl11C'111 Plan dc\ciuped pursuant to pu!lcics supporting OhJCC11\C I \)!this I Icment Ille slHndfmls dlldcrilt'FlH prmH.led f;.)1' tH this politY llHt:cI\Clnge 1m Ihe areagovernedhy the (f(dden Gale \rea Mastel Plan \\'11lCl1l'-; eutre/lIi\' rest!Hh hI: Plan HmerHlmell! - " - Native Ye~etation\S,etentiQn l~equil~lnellls i C oastaj J I J lazard Area Non-Coastal Hazard Area Less t hall 2.5 acres lOGo Less than =' acres, 1000 Residential and !'\'lixed l se Developmenl Equal to or greater than 2 S acres 25(>'/'0 Equal to or greater than '\ acres and less I han 20 acres I )()o Equal to or greater than 20 ac 250'0 Stand Alone Golf Course .1S0...o .~ ,\00 ---~,--""'---".~-~"~--~-,-,~----'-~---~---"'-~~----" ~--~~- - COl1lmercial~ and Industrial and other Development less than '\ acres 100;) l.ess than <; acres I Oo~o Lqual to or greater than 5 acres 150'0 Lquallo or grearcr than 5 acres. 150~o Words underlined are added, words stnlGhtltrmlflh are deleted. IS "j' Industrial i Development (RUl al- Industrial District only) 50{~;), nnl lo exceed 2Y% of the project site 500/;), nol to exceed 250/0 of the' I project site _____.._.'___.._~,._..___.._.___________.._'n___ .._._.____ _._._.__.___-'___.,._~_,.___ .-,---~-----.--~-_.-~-..-.----~ The followinp: standards and criteria shall apply to the nativ~ vegetation retention requirements referenced above ( I) For the purpose of this policy, "natlve vegetation is defined as a vegetative community havinp: +7~-2.'i~Q or kss mOLl,: canopy coverage ~)L_highesCJ;xi~1iug ~cgctati'vs_~lr<1HLOf melaleuca or othermvasive exotic ml1hG plant species The vegetation retention requirements specified in this policy are calculated hased on the amount or "native vegetation' that conforms to this definition (2) The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible"----which~E include connection to offsite preserves The purpose flJr identifying the largest contiguous art:a i s ~J2!l> v i (,LU'gL(i,-~Q[~_gre(ilhqJJlg~lhe gr eat~~.JlQ1S:1l tial !i~!~vjldl jl~Jlab i tail)' reducing the interface between the preserve area and development which decreases J he _~Q11n i (:tsJr:o rIU.l1tL~r liinsL~!~<:cL(; ri t erj'U!luJeteI:minillgJb~_(,Jim eIL~ism<!L~la n(jlilJ.h of the preserve are to be set out in the Land Development Code (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas A-tt-EtOn-sitC' ef and ofT-site preserve areas shall be identified as separate tracts and protected by a permanent conservation easernent ml:;~JJanL~Jll to prohibit further development, consistent vvith the requirements of this policy The type of permanent conservation mechanism, including conservation ea ~~l1ent~J:rQUi[~(UiJL_<i512~~jJiLd~fJ().nLll~JlLnl<lY__~<ll:YJ)a~ed _ OllJlreserve ~ rea s i~ type of development apprO\aL and other factors. as set forth in the County's land development reL!.ulations (4) Selection of natLve_'\,!(>geu!1io1]_J<!_J:le ret<iined as preservation preserv~ areas shall reflect the f()llov,ing criteria in descending order of priority a Wetland or upI1l!l<-L~\11reas kno\vn to be utilized by animal listed species or that serve as corridors for the movement of wildlife shall be preserved and protected In order 10 facilllate the c0111ll1ued use of the site by listed species or lhe movement through the sitC', consistent \vith the requirements of Polic\ 7.1. i and 7L2. of this bdcmcnt b X eri C SCl1l b",J2u nr-,111d~1J1Ul<i.. H a D,i~YQQ~J-l a n}mo ~.k s ch Onslte \\ctiands haVing functiunallty SCOles al least (j () WRAP or Ii 7 t::\L\\Luniess permitted tor impact preserved IHllsualil It} Pulicy (}::'. 4 or thiS Flcl1lt:11l WRAP means South I'l\)rlda Water \Ianagemenl Di 's Wetland Rapid Assessmcnt Proccdurl'" a... descrlhed in lechnical Publicallon Reg I (September I (J\)7 as updat :\ugllS\ .Ill'}l}) 1 \1 \ \1 :ne~11h lnl1()r!1l Wetland \liligatiol1 :\ssessl11cnl \lcthod as dcscnhcd !l1 Chapter (<-: IS F \ ( Words uncJerlllwd are acided, words struck thrfH-lflh are deleled. !(] -'. ....... " de l 'j3tandhahital shall he paFlnf lhepre~ervation requirement \vhenwedandsnlont' do Hot constitute all of lhe requirement Iplnndhal)HalS hnve the j()lk}v"ing descelHling {lrder oJ"pliurily \ny upland iLl! that senes ,IS ,I buffCt 1\) ;j \\l'lland area as Identillcd In Paragraph (I)l' aho\ C', " lhtedpiant and aniln81 spt'Clec,habHillS 1 Xenc Scrub -+ nune Hnd Strand, Ilardvvond Ilaml110cks c " 1)1\ Prairie 1'1 ami f h\ll Ulht'l upiand n:.1.t \ l~ h:lhilats d Exceptions to 1 hese prioril ies are HOled in 17,1 help\\ (.;; I Ihe w;l'~allo\\ahk \\ Ithll1 pre'll'i\ l' arGIS aiL Inmteclto a (>,J';sl\e reCl\all('lui !I',,>; thai do nolllllpact 1l1II1IIlHllllIL:qllliL'd\cgelatlonor eau".... a <111'ulh'("111 lhe l' alla :;Udhb PI:'l\I(HIS natuh; tnllb or 11{)anhHllk'i areaHo\\t'd \\!lhm jH\,''il'!\ ,-' al\'dS ;t" IOllg as any \kaHng rt'quH('dlo Iilcllltate lht's,'H'it'S doc'; not ttHpacl lb,' tlll1lHlHtlHh'qttlrcd \'t'gdatlol1 01 functioll w the prc"c'l\ ,: ar,,':1 Illcllll,ks a reduulon or :llh.1I1g,. 111\ \\ Itilll1lih' jlfc"'l'l\ and !l;lrl1iil1g :m) ll'"kd "peclcs j'JlL",\llll III p1',,"<I" '. \\t:rc 'jK'CI I'll ~;Ia!ldards lln! ill1J1kl1wl1t thiS poll\..') "Ita! be '''\..1 f(lrth III Ill( kllld dl'\ L'IOJlllllTII regllLtuol1s and \\ II \ C\.)!l~;tnICliOI) 111;11 ai;, Ibk '.\:tlt Ilk lun1..'l\("1 ,>\ t!h' PI',:';,'!'.\,' 111,.'1,1I111,k\t'lopnKllt rcgU!~ltluIlS \\ iI J'd\l\ I(k ,likr::) 1\1 Ilk ilpprupn:lIl' PI,"",i\,' r..'.,:reall\)J);t!lI",,> h R"Cl'lpt ,It t S\Orl1l\\:lkT !large.. \\ 111:.!- (')11\ L'):UlCL', trealllh:nt aml dl<ch:lIgi..' slluctll (1<1(" 1](\1 II! ,HI) IllljXldlltL' l1~lluralb (l(CUlllng II:H1\ \ ,'gL:latul1 DI<ch:irg" [p PI',,;',.'!',," Il:q'llrl'" \1L':11111,.:111 that \\IIIIllL'('\ \\Ilkl ll) sLlmbrds a~ sd l\lnh III (hapl,-, (<),;\' ! \C illld \\ill conll>!'!I! 10 I ilL' \, :1tl'llj\U!it) \.'1 !hl!;) I','ljlll " :,,1 t' Ill" '-,\llIth FI:inda \\~lt,T \ lanagL' 11 ll: 11 I DhtllCt ( ())\ 111 a nageml"1l1 pia Il cr:tcria in the land elburc that the pr,\po"cd The l'lan ..,hall submitted t~)f' Cll1plllClll regulat iOll" lO idc!1tll\ I l'l..\h \\ Ii 1 Illil i I1t a l!1 !laltl shall Ill\. methods In areas Hknlified by specl I'll..' action" that lllilS! he taken to dt \\lil li..l!1ction ;h res.., CUIHllll IJl1d treatment 01' 111 aSI\ C (",otIC speCk'\" Irc l1i..lIl:ll.'Cl1lCI\L .s[orlll\\aICr tit applicable), maillh:nalKc of jH.'lI1'J;[ICd LlcilitlC:~ II' appl' ,,!WCle'i 1110nlll\rll1g pilgram shall suhllllt1ed IHlr:,uanl 10 Poli '.' () \11 State t'l'del:!i 1l1.ll1agcl1lcl11 plamcll11sislcnt \\lIh lile ll'Cjlllrl'I1lCl1ls ;llth\..' I ()( \\ ill be accepted Pt (:".ceptloHs.hy Inean:-. oj'mitigatlon in the l(,rm of mer eased landscape requtFefHents shall be grdnted ji\! parcels that cannot leasonahfY iH.commodate h(}lh the pH:'senali\.HliHea and tilt' proposed rH.'ll\ilY Critelli! !;\ralln\~ing these e'H.'eplions in...:;! ude : (a f. Vvheresite e!evaHons df Ci'lldillOlh requnes placement t)/' fill I hereby harnliHg\\r reducingtht'sllFHval}lltty or the HHlivevegetntioni!llhexist mg localllHlS fhl\l\helethe e'dsHng vegelalHn reqUired h,}' tfH'-POItCyuh I',)(,(lled \vhere tlFOposed Stle tnlprnveme~lh are 10 be Jt,,:ated and such IIHprovementc,,::annolberdocaled as loprnted tile exist tIlgnal !ve vegetal inn, Words underlim~(j ale added words struck tnrouqh me deleted 17 " (t'}Wlrerenatfve preservatlonretlHfremenfs. afe. not. aEHHHHlodatetL thelan{b0apep~aH shaH re-create a natl\.e plant cOI1HHlwityin all three sl.lata 19fO\tnd coversshruhs andtrees)ulilf7ing larger ploHl materials so as 10 mtHe qwcklyre-creale.the lost IHH+re \egetatlc>!l (87) Parcels that \\tTe legally c!cared ul'natlvc vegetatiun prJor to January ]<)89 shall be (;\:cmpt Ilnl11 IS requirement (98) PreservefHtOn areas shall he Hlterconnectetl \".Ithin the siteandh}Hdjoiningoff-site rresef\i:tIHHl area... or \vildllle cUHHlors ! H.fqSl Should thl' amount or \\ctland \cgelation l":ceed the 1l1lnirnul11 \('gelation r".:quirl'll1ent., a:, spcclllCd herem retention of \\ellan,l \cgeta1inll haVing slgnltlcan! hahitat ur h)drol\lglc \ <litre j" cllcnuragcd Increased prCSC!\(llioll shall be t~)stcred tnrough IllCCI1[1\C'S i tiding. hut not limited In Clll\1 dc\clnpl11cnt. reduced development standards c,uch as upt'n :-.pace ':etbads and lal1cbcapc hullers to ,dlo\\ for l11\:re(1 :irea'. Ill' PI\.'I.l'1\ed \\t,tL1I1d \cgl'ti1l10n Slgl11ficant habitat or llydrpk'gic \,!lue IS dctt.'lmincd h) \velland flll1CtiolLllOl the SlIt' ot'th,' \\t'I\and (lli \\Ithlll Oli\..' )C:lI Ot'tih' edl\ dakutlllCSl :lIn,:nc!I11,:Il!S thc (o\lnt) shail adoj)tlalld clupmcnt regulations th;lt :tll,m lur a pJ(lce~;', II, 11<.:rd1) :1 ]m111\'1'l) 0\\ rll,:r 111(1) submit a 1','U11Onrl'tllk-llI1g Ill:) .lIl (r J porth>!! oftl1\' n:ltl\C \Cgd:llIoll pr....,_.n:lll\)1l rl'IL'IlliOIl 1...:CJlIlll'IlICnl 10 hl' b) a rnul1c't;II:, P;I) IHen! laud (h)ILltl0I11Iul e0I1I:1111< 11;11.1\ e 'eg,:!atl\ e CI1I11I1HI!lilll> ltjli:d 1(> "I J blg!h.'r pnOnl) ;11' IiI [>t'\I<.::, I I U.Uha11 lhcblld hl'lllglmp:ICL or othl'l app!Opn:lk 111,:II1<'d oj c'0IllPl'lIS:11 1011 10 ,111 :ll:cqllabk bnd acqulsltlOI1 p'\)gr;un;, Il:q\l! hy lh, land (k\ ,'!('pllh:nl r..:gul;lli('i 11,,- Ilhll1e!:1I) pa.) Illl'lll I h,: I to plIrcl1;l::, ;lIld l1l:magl' U;l\I\ l' \ (gl'l;lll\ l' COl11mlll1ltll:S Uff-'Slll' Ilk' Jnd (il:\ dopl1k'nl I\.'gll!:lll(1I1S 111'1\1\ I..k \'r1kria lO c!cl,:lTli Ill': ,,\ t11l:, :dkm:.I!I\ ,: \\:11 )t' cOllslckred I he cr!kll,\ \\1Ii Ih' upUl11hc Ill:"; Pli)1 ',':11.\\1' II rill. :Ull!'!!!I!. r:liIl; :lIHllJlulll) (Ifth( n;itl\\, \ I()!] ,'11 sllc. hill' prcsenc,: (It ..on~lT :111011 lands adJollllng 11,' ',Ill C jll":::;CI1l',' i ~kd 'lk\ II.': ,lilt! ralli\1l of h:c\":ral and Stal,' :lgl'I1C:: [(c1l1lical ;l:-'-'ISl:Ull:,' d nIL lYP' liS,' PI<'j','Sl.d ~lIch :IS bllt not Itmlkd I", aj'j(Jrdabk 11\1l1S1ngo I' ',1 (,i Ih... l' required !o rUlialll (>l1\llc Ist()()~m;dll() 1'l1sllre Ihallhe pres,,:1\ \. C:lIlJ ,'!1J,lill 1lll1cl:,Qn! and f Righi (,I' \\ .1,;' ;IC'lli hi ,,111< \\ IlLTe tllLT,' I'. UO llall\ ',' " cgl'tatlOIl on SIlL'\\hich can he' tc" 1!1I1 c I 10\' th,,'r,,: IS 11'.1 laud 011 slk I.! ,uld h,' Il'stored to aCCOl1l1l10d:lk t 11:ltl\ II \ ('gelatlun Ihl' land de\ (IOpmelH regulations shallll1c1uck a lill'tiwdoIUc',\ In l:SI:lbhsh th..: 1l111l1dar:: \ allll., I:mddonatl!, HI. UI nther appmpn:ll": IllelhOd of U)11l1KIi<:ltIOII to CIlSUII.: that natl\ I' \ege[(lll\e Cilmlllllllll Ile>! preSIT\ OIl'SIte: 1,i11 hl: jJl\\cr\l.d :ll1d ;ippropnakl) l1l:iIlagcd lIT-SIt-. U II Although thepJIIllary Intent of 11 lIS Policy is\oretainand protect e'\isting natl\e "egetatIOrL, there are situations \vhere theappllcatio!1of the relentioll requirements i)1' ttns floli IS nnt possible 111 these t:ast's. creation or of vc;.!ctal1011 to . - \atls!) all ilr a port1l111 or 1l1c natl\C \cge1ation lelt'nllOJ1 requirements Illa\ Words underlined are added words ffifUGk thfDWlh are deleted IS a lo\vcd . Within oncyear ()f the clTectlve date orlhc~eal1lendl11ents, theCoullty shall adopt nd development legulatlolb tudcterllline the CJICUIll~lancc~ !\ll \\ hen c!ealiol1 orrcstoraticlIl IS ,ill()\\cd dnd '.;peedy clltcria JI)r creatiun and lestoration U:2 II) The Count~ may grail! ,\ del. lallun to the natl\e vcgel,ltion enllOI1 requm:mcnt~ olthis Policy c'\cepl the \.lti\c Vegetation Rctentlol1 I{cqlliremenh Tabk and pllvislOilS in Paragnlplh I ~~,. W,thlll '.11':\.: y"'ar of dTeCII\t' date nl' th,,'sc al11endml'l1t~.. tilL' ('(l\1111y .,bedl aduptland del. dopmcnt regula!iul1s tu sel !Ilnh \ 'P1'\)(:c',\ jlil III ,1 dc\ Jill 11'11 rhe lCgUl<l1l1l1h II alkl\\ tlir the grantJng n!, a (le'I. Jatl()11 by the approJ11 iak !e\le\\ board d publiC healing" "md the grantIngotade\!:ltlOI1 ildministratl\ely rile ( i.lill1t~ II con lh.... illlli.\Unt and Iype olnallvt' \e~etaIIOll nd pl\:senn' uf II specics In ,kll'rrnI1l1l1g \\-hether lh,.: granting U!:I ... l;lliull II....:, a puh!!!, noS ',I b.... granll'd aCll1inist rall\ ely he CUlm!) \11(1) grant a deviatlo1] i r , Counlv h:dlTal nr me agencies require that site improvemcnts be located in ,Ireas \vhicl11 csult Ii1 Illlbility lu I1k'd the Im)\ iSJ()ns ol thiS Policy,ol I, On OJ -sik cliO, Irni111lCnial cond ar.... such Ihat the dppllcatinn of one 01 rIHlrep;'" 1~IUlb lhiS p" icy I possible '.'1 \\ill n.'"ultli'l il presenc areaol lesser quality (\1 The sill adhcll.'nce these 11rO\ Isiut1s \\ ill nol alk)\\ Ii,)! the ImplementatIon of other Plan pli!l\'ic,> tl1at en,,:ourage bene11cial 1,lI1d use'. Polic~ 6.1.2: lRt',is(' text. pag('s 17. 18.19) For the Coul1~r\ Rural Fringe iHixcd Ust' District as designated un the F1l \1. native \ege!illI0n shall \1(' pn'ser\ (1) Sih' through the appl1CallOn (ilthe !(>llcmmg plesel'\ation and \ cgetat!il!l retentiun sLmdards and crilclld Pn'scl \ atloll and '\all\ e \ cgeLtt!on Rl'!elH inl1 Standards a ReceiVing Lamb .\ mlnll11t1l11 n[' ,~noo 01' rill: native \egelatIon prescnt not In c,",ceed 2';00 (if the to!al sill' ,ll\:a "hall he pn..?scJ'\ ,,'d b, Ncuua! Lands, .\ minimum 01' 0 the natlvc \cgctation present. not 10 c\cecd .cf:,;oo nf the tutal site alea "h,lll he preserved ,e'\cept that Ill! Iun r Ip'P) South, Rangl' IOGlted in the' '\onh Beile c,Hk thelia) a l11illlllHll11 of 7110 of the nalJ\( \, !Ill) prl.'Sl'nl Ilut lil )0" (i thc In) area sh,lli prescrv,:d c ''-Jon-'\RP\ Sendl!l'...' l.ands Calculated at1he 11Igher "due ofSoo" of the natI\e \egetation present. or as mal. otliCi\VISC he 11('111111 undc! lhe [)Clblty Rating pn1\ Ision~ the FLl F., d '\ RI>\ Sending I.ands Calculated at the IlIgher value or l)()O 0 of the nali\l' vegetation present ()I as may otherWise he pern11tted lIndertl1c Den~i1) Bkndll1g pr'l\T,ic,ns ulthe ILl T e PrO\isIo11S a lhr..1i1::!,il d aho\e shall also be cOII.c;istel1l \\ilh the \\elland protection poilcles :.;ct l(ll'lll CC\H Ohjectl\e () .2 Words uncJerlined are added, words stwek Ulf(}H{~h are deieted 19 ;..~ L In order to ensure reasunahle use and to protect the pnvak property rights 01 o\vners or smaller parc!..' s of land wit hin lands deSignated Rmal I'ringe 1\Ji:\cd l St' District on the Future Lei l ',C "lap including nonconl11lilllng lots of record \\lm'}; c"\iskd on 1'1 I lUll,' 2=~. I'll)\! 1('1 lilh reels ur Iractional U1\lh or idnd or water equ:ti In or less than five (") acres 111 SI/\.', natl\l: vegetation clearing shall he all,1\\cd "(~~ti",, 01 ,> {ion s(juan.' teT! lh\.' lut ur parcel i)1 fractional unit. \\hIChevel i:-:. great\:r ('"JlISI\l' or:my cleallng ncc\.'ssar) to prO\ide ior a ! ".. foot ill'CC",S dri\c lip 1\) (J(li.' reel inlcllgil' I Ill)\ sand parceb gleater than's acre'; hu1 It':-:.s than 1 (I ;IC1TS I,lp to 200 f) oj I palc('1 ma~, hc clearcd Fhis alin\\ancc shal :];,1 he ,:onslckrcd a 1l1a"\i:11!1111 ng all\)\\ancc where 0111('1 prO\ ISI011:-:. of thl" Plan alle\\\ !()l greater rl a111\'1I1I1(-.. Thl's\.' clean nt,' 1I111ltatlons shali r'iut proilliH !he k'ill'lllg of hru or 1IIiC!el..stm:, \egl'tatIOf1 \\ithin 200 fed of ;:,uuclures JIlorder to lllJll1ll11Ze \\ildlin:- fuel sources, L>: \\1!flill 'ving ;11](1 C'UI lands \,here :-:'i s dlld ollic: puhllc l~lCili\ics arc co-Iucalcd on ;j slte. ilk' 11(1tl\(' vcgetation rClentl(ltI 1\,'qUIICI1Il'l1t shalll,c 300() or the nati c \ (;gctalYHl pn'SCt11 11\1\ tn "(0" S11,' (I) I'm the plll'Jwse thiS p,)lli,'_ !l,itl\C \cgelation' IS II!lcd as a vegetatIve Cln111l11l1itv ha\l " ill less I11l)rC 1"l!10PY C( or 11lghcs! (',lsling \'egelatI\ e strata ill' lHe1alueca or other 1H\'HSf\e e'toli( native plantspccles I he 'oe~ctat1Cif1 retentioll rl'qulcl'I1Kilh spccillcd 111 thIS pcdic) ,uc' calculatcd I,m the all\ount or'natlve \cgelil1l\lll 1hm COnl\ml1S to I'; I1lllOn (2) The plcsen III Ion of Iidil\C' \cgct;l1lon 11 Ih:lud\' canup) under-stUlY and grolmd CO\ er. Clllph;ISl/illg 1he Jarg1,,';,t COlllig.llOU:-:' ;lICd po:-:.siblc \\hich may include conneC110n to ntF, fhe purpo:--l' for Idcnlilymg the largest cOl1ligu(lu~', area is tllprovlilc a COlt: an:,l1.hat the great,",1 J)\)lcl1tial fOl' \\i1dlitl: habl!at h:; ng the lilt \\,:('11 the pre:-,u\c mea,l!l(\ clnpl1ll'111 \\hl1,,'11 dl'C!casc~ 1h,' contlicts flnll1 \llher hnd uscs (rlte!:a I(,)r dctl'ri111!1111g thc dill1l'ilsl\ll1,li qandmd., 01 thl' ',' arc III SCI 0111 In 111,: In De\l'lnjlI11I'111 C (l)\ll'as tint full'ill nall\l: \egl'tatH1I1 retention s1;llldald" ,1111.1 Ilritcri;l o[ this policy slnll h\' set a~!dc J'i pr,,'s('I\(' ,1II.:a... o()n-,Ill' \H oll-s I \I,.' pn:'ien l' a1(:<1:-, shal i he identified ih:-iepaHttt' H acts and prulCcl hy it permanent c\ ) 11S('1\ atlon easement Ilh:cha11lsll1 to d,lt !1m hel dc\ clojlll1ent consl-,(('11I \'o ili! lhe Il'quiremcnts of this p(rli,,-:, I he tYPl' Ion mcchalllsm includlllg COnSl']\ at in I] casemcnt'i. Il'>.juirl'd ,1 "pcCl!i" dc\clopmcm may vary \1l1 prc:-:,cl\ l' areaSI/C, type. \\1' dcvelopmcnt applO\,tI and ',IIll'r 'Ims, ,b set I(Iltl1 In the (\lUlll\ S land elv\ elopmcn! j(,n~, (~l) Selection ()r lId11\ e \ \.'gCt<ltll\l1 to be rctaincd as tlte prescr\ c areas shall rcllcct tile II1g crltelLl In ing ol,k'r I,d' prl(lrity a ()nsltewetlaIH!'i 'iliall be pre'ierved pursHanllo Poll":Y ():2 ;. of tlHselement ab \\ctlandlll upland,\arca>, kllO\'o1l In he utiiw'd hy dllHHal Ihled S1)('CICS or that servc as (nrridors !I,r Ihe 1110VCl1lent of\\:Idllrc: :-:.hall he jlrcscl\ed alid protected III c,rder to illalc thc COlltll1l1cd ll>,C the. Sill' hy II"tcd. SJKCICS (]I the l1l0\cmcnt ofwildllt'c through the site rhis clllerio!1 shail he cOl1si"tel11 \\llh the reqlllremCl1h of Pnii\) '7 I I ami 1.2 or Ihh ckillelll Parcds cCHHaininggopher to\1oises shall prOlect Ihelargest . moslcontiguousg(lpher toFlOf'ie habitat witlHhe Words lImierlined are 8ejeJeej, words struck lhrm~lh are deleted .,.. \ _'.1 greatest IlUrnht:+tll actl\ehurnnvs, and!)rovtde al.:OtHlt4,'liOll +",011' slleadjac~n1 gopher hlFttHSt: preserve-, b. Xeric Scruh DUI1\.' Jnd Strand, 'Iardwood Hammocks c h ()n~ik \\('1\;1111,," pn."'"1\,.~d pursuant 1(\ Policy (,2':;. oftl1is 1.lcmcnL c {lpj[H1{lhahltat shaH he part 01 the pre....enalion requirelnent when vve1landsalone do nnt COI1'<Htute all the reqUIrement {fpland habitats l1a\.\:, the j{,IlO\ving de;cending ()Idei' of pfH',nty d ! \ UrldlHI hiLI: that '-cr\ l'S ;1S a butler tu a \\dlancl area as Identified in ({h: a l)(1 \ C ') li.;.1edpIHHt and iHHIHal specie.... habitat" .~ XericScruh -+ Dune and StrltlHI. HaFd\vood lIalHHioc!-.S c .::. !)n l'nmie l'llll' llat\\oock and I' (, \llolhcrupland lchahil;l!'. (") 'Thl'lIses allowable \\ It hin prcscl\c afea~ are lirnitcd to a Pas'si\,~ n..'Clcal,ol1dl IhlS that do rilll Impact the mlnll1lUm rcquned vegetation or CdllSC a ot' unction to till' presenc area ,>uell as pervlousnalure tHlilsor hoa] (1\'",lIk-; Hre (lJlmvt'{\ \\e11 11111 preSer\eiHdb as long a:-. any cleanngrequHed !() lacditate these \heS due" not impdel theminimulH ,eqlHH:."{! vegetation Crikrla IdC1Jlil::!!1g \\-hat itutv" nt' fundi "hal! hc [()nh In the land ck\clopl11c'llt n.~gulati()n" ,p](1 \\111 address \;1111)1.1" t)pes \11" C()lhtructloll lhal dre c\lmpatihk \\III1! l'ui \)1 till' prCSCl\c I he 1,1l1d ck\vlupl11Cnl regulatluns \\-ill ;1Isu pro'vldc Ciil('lil In dclitll' "ppiOpriatv passive rCCll:atiunalusc" b. Receipt ul treated "tonmvatl'! discharge \\ here ';lll:h \I';e illcludlng ,:ol1vcyance, treatmcn1 and di~charg\~ sl lIles. dnes nilt fe',1l11 In an) ,hI-. Clse Impact on the nililll::1ll) \hC\lfTlilg, I C' \ atlun a~, llicd by lTlterl l(llth in the la cJc\e1,lpl11cn! Icgul(J\lilli-, Di~chargl' tn p!...'~er\es ilil\ j lands rcqullcs treatment t \\Ii 111\'\'1 \\ilHT quallt) amlanh ,is lulth III Clwplel J7 ... \1 F\ (' (l \\iil cunllHI11 It\ the nate! qua Ill) uill'lid icqull\'l11el1rs s\'1 I~Jrth hy the Si\ulh I \\ah'l nag...'mcIH Dislri\.l (6) \ management plan shall be submitted lor allpll'SerVe arca~ rckntif!ed by speed!c \,Tlcna in the land de\ clopl11ent regulmi(lt1s tu identi t must he till-...,!] to ensure thm thc prcse!\ l'd arcas 1\ Iii IllllC1iu!1 as Ilk plan shall ll1clude ll](:ll1uds [(1 Il"lltn\! di1\III'Cdllllcnt uf\!1\<lsr\c e\ClI!C specie~ lire l1lanagcmcnL S!<lrm\\atcr ilia nagc!1l('111 (If appilcahl and m;lIIHt.'!];UlCC permitted lilCili1ic's. II' arplicahle, a li<,led I...':" !1l0I1ilO!1i1g prugritrn ,;hall ,>uhlllll pursuant tll Poli ! I -, , (i) (lJ OfT-site preservatiul1 "hall allO\\ed to prO\ide tll'xihillly 111 the proJtxt deSign it Within Reccl\lng and \.:cutrall.ands oil-site prescnation shill! he aiio\\ed for up to "(IOn ut'tlw atil,n rCICI1!iO!l requlICll1cnt Off-SIll: pfeSCr\atll,il area~, shall he ztll,,)\\cd at a ratio of I I if such oIl-sill' presCl\ ,It ion l\ 10:.>:1('d \\Ithm designated Scndlllg l.ill1ds ur at it ratio of I " I (111\\\ here elsc Words umiPllineej ale aclded words StHW,f; H1H)uqh are deleted -" _I -, Li~c for like preser'vation shall be required for TropIcal Ilarch\(1od and Oak I LllnnHlck \cgetati\ ',~ C(1lliIl1Ul11tJCS b WIthin non-NRP\ Scnding I al1d~, o!T-site preservation shall be allovvcd for up to "'''0 the site ;111011 ( \cgctatin: rctentlun re(jU!ri:1l1l.'llt \\hlchc\tT ie, cuntrolling I ()If-site prcscl\dlinn arca~, :;hall he CC)ntlguolh 10 deslgll;llCd Sending LJIlds and shall be aUo\'. cd at a ratio of -',1. I. Off-edtc I'rc:;ei\a!i"11 11 nnt allowed In '\RP,\ Scnchng I,ands (Xl [)c:nsil y Bonu s Illeelltl \C" ",l1a II he gra Iltcd to encourage prescnalloll a mount s great er than that reqUired in [Ins j)(\hc) (is prU\I(kd tin' 111 the II (I I;H Rec~'i\ II1g Lands alld Rural Villages Withn olle (I) year the l'ITccll\C dak of tlwse amendments (')111('1 (tllll1ly "ha!ls}li.,'cltlc' L1I1d lk\cioj)mcnt L!liOJh t" Implement fhi', llKCnl!vC program (0) On-site pr,,:s(,I\([11<1I1 :lIt~a ',hall also c,)nl\)!Jl1 to the Open Space requirements as spcciried in thc 1-1ItlllC I,and I ';1..' l'lement Ihest: prt'Sl'l\aIHl!h ..;hall be part of and c( )lInted towards t!1C {lpcn !\:qulrel11cl1ts ( 10) f-.,jqing I1:ltl\(, vCgC1:1iio!l that j" loc1t contiguous 10 the natural reservation shall [1,.: prcscr\ed pur...uan k~ P,\I h" 2 ,)1'tI1l'.; clcl11c:nl '\;:11 ural reSCl\a!!on is defined a:, that :-pecirlcd In ('('\11 ObJcct!'\: (J '\ nt'thh clement (Iul) PreservatIon areas shall interc()!lnected \'dlhmlhe ..,tle and 10 adjoining HIl--;ile pre5erVHli,tiT areHS{l! \\lId i i Ie c, >lTidor~ ( 1211 ,SIH1uld till' al1H\lllil "I \\l'lIand \cgetation excced the InItlIl1lU\l1 vegelation n'Cjrure11lCnls dS speulicd herem retentIon ()I\\l'tl:md \egelalioi1 having SIgnificant lnhital or h:,drolngie 'ahll..' i" encouraged Illcleascd pll'SCI\dlinn shall he f;\stered through illcenti\ c's II1l'iud1l1g. hut not lImited to clustered dc\clopmcnl. reduccd (1<:\ clop mcn! standa rd" Stit: h ,)'. oj1cl1.,el hal' ~ s cine! L1l1d hu Ilcre;, to ill 1e)\I, Ii)! Inc-rcaseci :lIcas ,il j1IC"C!\Cc! \\clland \cgetatinn Slgnilican! habitat ur h\dr(\lo~.it. \,t!ilC is dC!C'iTld h\ \\c!land ['lllcti\iIL not the ";l/t' nt'the \\ctland - - - Polic~ 6.1.3: ['\0 challgt. 10 text. page 19J Polic~ 6. t.4: 1 Rt'vis('d t('\I. pag(' 19J Ire-numbered to rejlect merger of Ordil1 1II1 ct' '\'0. 2fJfJ2-32 anti 2(J(J2-54} Prohihited Imasivc l"\,ulic IcgdatjOil shall he rCl1lmcd ll(llll all ne\\ development... ( I) '\pph-cants Petitioners for ',He plan III plats shall submit and Implement plalls 1{1!' 111\ asi\c C\otl\ 1'l:\I1t 1',1110\ I and long-term contrul (2) IhcpetillulH:rs ,kvclt1pmCt11 . perrl1lts shall prepare. and submit .. nati\ I..' \egelation \41l1,IlIltL'naIlCC plans \\hich shall ckscrIlw ...pccilic technique" In prevent re-il1\:ISH)!1 uf tlledc\clupmcllt ...ile 11) prohibited l'\,otil \egctdtlon of the Site 111 pt'rpetu 1~ Words underlllle(j are ;j(jded, words stfUGk throH~lh ale deleted ...'" 1,(,'"1;]' :~~~'-t~-:I 11 /., 1(lr~\1r'.~-! en The ('ount\ shall maintain a list of prohibited il1vasive exotic vegetation species "ilhin the Collicl COllllly I ,amI DC\l'lopmcnt ('ude alid \\i!lupdate it such list as necessarv Polic~ 6.1.5: l~o change to 1ex1. pag(' 19j Policy 6.1.6: ll{('vised t('xL page 19j Ire-numbered to reflect merger of Ordinance No. Z002-32 lIml 211112-54J Exemptions from the I1i.llivl' vegetation retention requiremenh of ('('ME Policy h I '2 The requirements ufthis Pulic~ (, 1'2 '.hall n,,! apply to ,JtT,~'c! 01 limit the continualiull of existing uses [xisting li"C sll,!!1 include be defined as thost' llSt'S for \\hieh alllT(juired pe1111ih \vcrc issut'd prior tu June 1 C) :O(): Ul., j1rujccl f\)r \\ hieh a ('tmdlt iilnal {'u:-.e or Re71m2 petition has been \\(l" approved hy tlil.: County to .IUI1C 1n :::'IHC. ()1. lamluse petitinns l~)r \\ hicl) a cUil1pkt al'pllcatl\li1 hn,;het'n \\as "uhmit1 prior tu June 1(' :::OU2 rhe cOlltinuatl\\n cd C\.iStlrl::.~ lI',e" slwll Include C\panc;ions ()I 1110"(' Uc;l'S if SUt:h I..'XP:ilbIUI1" arc (O!1"ht,'nl \',ltl1 01 C 11-,. :'llh'lilar) tn, t t'\hll11~ lISI..':, (1\.0 change to secol1d paragraph 01 ahovc PUIICY Polic~ 6.1.7: t:\o ('hang(' to it'xl. pag<' 201 Policy 6.1.8: ll{nisl'd text. pag<' 20j lre-mllllhered to rejlect l1Ier!;l'f" of ()rdinllllcc No, 2f102-32 and 2002-:;4J \n Fnvllonmcntal Impact Staknlcnl (EIS). ur. suhnllttal ofappropnate environmental dat(1,I:-spl'C1tlcd In the CiH:nt:, S land development !(:glllaliol1', I~ icquired 10 plt)\ ide a meth()d to nhjecl1\l'ly ('v,duatl: the Impact i) a jllopo'.cd dc\elopl11clit site altclation or pnlJcct upnn the rC~{HIl\I"; .111(.1 ,'11\ IWl1nwnt:iI quality 01' the pr,\Ject drca and the community and lil in,ulc that plal1l1il1~ ami luning dcci:,iollS arc m:lde \\ltl1 a complete undclstandll1g of thc il1lj):1C1 declslollS upon the CllV\lOllil1t'nl to encourage projects and developmenl'> thdt \\1.11 protec) conserve dnd l'l1hance 11t1l not degrade the em irnnmt'ntal (piJ!lt~. n>oul'\:,'S or the partlcular )Jb.:1 ,)1 dc\clopmcnt site the genera] area and the grc,lttr C()l1II1lUl1il~ llle Count) s land de\clnpl11cnt regulations shall:stah!ish the clikri:\ II)! dl't('lll1ll1l the type (if proposed deVl'lopll1cl1t requill11g an I:j lI1eludl11g the '.17(' and natul,' 01 the proposed dcvclupmcl1t the 10ea/ll)J1 pC the prupused dc\clclpmenl 111 ;elal1\\l1 tn C'.IStlllg cn\lr(1ll!ri\.~l1iai ,'ha irs. the 'I site alterations, (lmlolhcr pertinent Intl\llllation :\n liS shall he reqUired 1'01 J.\nyslte- \.\:Ith HIl Sf i.\r\CS( '-ST ,!\-edayor v"ithll1 11H:,b(\uwJanesofSendin~ LandsC\F NRPAs '1 All sItes "eaward nrthe Cnastal HtgllHarardArea hOHHdary tlHttHre2> orrnore acres. ;..\llsltesland\vard of the (\)astall tl~h I lazaH! '\rea I)OHmtaF\' that aredteHHrmnre an es, \/Vords underlined are added; words s-tnJck thlOuqn are eteleted c...,... -~) 1,>~w'.erv~lt1('n F-~ ~:c:Y:ni :V~:m3:Jp;T1nr:r ~ien;f'::: :C ?I,>,. :c:: l\:1-:'lnil:,:r; 1 ! ~ j : 4, j\nv otherde\ielopment or site alteration; which in the opfnionof the {tevelopment service::. directoL would have substantial impact upon environmental quality The-:ElS requirement does not aj}jJly h.Ht single family or duplex use on a single lot or parcel The EISrequirenrentmay bewdived subjectklthefollowing. I \grit"uhllr,,1 thC'; ~I:; dcrll1ed In <n <:; OOH2i. Hlcllldin:s aqunclIlturc fl,)! nati\'1::' species 2. Aile I inspection by CountY stalTandf'itiHgof a written report. any land or piHCd of land has been so altered as to have irreparable daulagetot!ie ecological. draindge. or groundwater recharge ttllH,ctions, or that the t.levelopntenl ofthe site will improve or conef.t the existingecolog..lcal llmctioHs or Hot requirednymajor alteration of the ec.....isting I<HlJ[t:.rms. drainage_ or 110m and fauna elements t~f the property For the Plllp<..lSe.)r this policy, major alteration shall meaH greater than lU% of the site. :). Exemption::. stlalll1Dt apply to anY' parcel vvith an ST or ACSC-STGverlay_ or within the boundaries ofStmding Lands or NIU' As except l'EHsingle family homes or as otherwise allowed hv the STor ACSC-ST ..:riteria PoliQ 6.1.9: [No change to text, page 21} Objective 6.2: lRnised text, page 21} The County shall protect and cons'_'[v(' ""etlands and the natural functions of wetlands pursual1tto the appropriate policies uncler Gual (I. The fo II U\,V ing polici...,s provide criteria to make this objective measurable ThE'st;;' j)olicies- shallapplytu all or Ct.)llierCotmty except t'EtrtheEasterll Lands Study Area_ l'EH whiGh policies art;;' requirE'{1 toheadoPlE'{lby NovemberL 2002. The County' sVvetlandprutectiuH policies and strategics shall be c...)ordinatcd v"ith the Watershed Management Plans as required by Objecti\,e 2.1 u1' this Eiel11t"JlL ')olin 6.2.1 : (No rhange to tt'xt. page 21] Polic~ (1.2.2: I No rhange to ({'xt. flag(' 21] ')olin 6.2.3: (R('viSNI text, page 21. 22. 23] Collic'! County shall implcnh:nt iI comprehensive prllecss 10 ensme wetlands and the naluralllmctions of""ethmds are protected ilnd conserved Thi... vvetland preservation and conscnation proces... shall he coordinated v"ilh the Watershed 1\l<lnagell1ent Plan proce~..., as refi;renced in Ohjecli\l' 1 \If thi" F1cmcnt Ilmvever l'l'h.,' pmcess outlined wilhin this policy is primarily hased Oil d~rectill~ cuncentraled populal iOll growth and intensive development (lV\;'.\ nom large intercunnected wetland syslL'm' These wetland syskrns have been identified based untheiltypc values rilllctions, Si7CS. conditions and locations within Collier Countv Thescsv:,tems predominantlv ocelli east 01' the COllntv's t !rh;:lIl - - ~ . ... -.. -- . .....,. -- hOlllhlarY;h delineated un the ('uunlywidcr'utun_'Land t'se \1ap (I'Ll !1\1), v\ithin the Future Landt Fklllent (I'll T) \lany o!'thesc v\\;'llands nd! vvilhin public lands or Words underlined are added, words struck tflmuqh are deleted 2,1 Cr;w;efv~tir:n & C:X:n~':1! r\:bn(lgc:r~e:1t ~~nr~H'n~ ;~; RCe: k:f ll.dnpll~;n ! 17 OJ lands targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements. or through existing PUD commitments. conservation easements. or Stewardship Sending Area Desi,nmtions. or via the NRP A or Senelin\! desi\!nations within the Rural Frin\!eMixed - . - -.. - Use Districtor land/easement acquisition, or innovative lando'vvner incentives. Protection measures len' 'vvetlands and 'vvetland systems located 'vvithin the Easkm bands portion of the County's Runtl and A!5Ficultural Assessment (depicted on the FLUMlwil1 be adopted jJrior. to NovemberL 2002 northeastern portion of Collier County, excluding the community of Immokalee, are contained in the Rural Lands Stewardship Area. Overlay (RLSA Overlay) of the FLUE (and as depicted on the FLUM) Protection meaSllH..'S le)r wetlands andwctland systems located Wwithin the Urban and Estates (ksignated areas of the County. theCountywiH rely on shall be based upon the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such stale or federal agencies allow 1e11" impacts to 'vvetlands within Urban and Estates designated areas and require mitigation 1e)r such impacts_ this the permitting. agency's mitigation requirements shall be deemed to preserve and protect v...'etlands and their tlmctions,except for vvetlands that are part of a Watershed Management Plan preserve area The County shall direct impacts a\'vay fi'om such wetlands. The large connected \vetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards leH' the remaining allo'vvablc land uses Collier County shall direct incompatible land uses a'vvay from these large landscape scale wetland systems by through implementation of thl~ le)llO\ving prolcdionand conservation mechanisms. (1) CUl/servatiulI Designatiun Best available data indicates that 7M'o of all wetlands te)llIld in Collier County are contained within the boundary boundaries of the hmd designated as Conservation Designation as depided on the Countywide Future Land Use l\lap. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources or Collier County and their associated environmental. recreational. and economic benc1its The allo'vved land lIses spccitied in the FLUE's Conservation Designation (Relaellce }.1. 1/1-' Land (i~e j)es;gllati(lf! 5'ecliuII 1 t'.) will accommodate limited residential development and future non- residential dc\,cluplll,_'nL The::,e limitations suppuJt Collier County's comprehensivl' process to dired concentrated population gro\vth and intensive land development avvay Cromlarge conm.'cted vvelland systems (2) Big nllf"es~ I1rea (1/ CI';t;C(// State CUJ/cern Overlay (ACSe; Best available data indicates that 740.;) of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay Distric1. as depicted on the Countywide .Future Land Use Map, pruvide standards that t1lCilitate the goal of directing higher intensity land uses awav from wetland systems. The development standards tlll the ACSC Overlay (Hd~rt'nn' JIl:L Land [,\e Words unc1erlined are added; words stfHBkthmHflfl are deleted "" Conselvaticn & COJ~tJI lvbn3gernenl Element to BCe fa: Adoplicn 1 1707 DesigJUlliollSeelioll f '.) specifies ~pecii)! that sile altlJrations shall be limited to H)~I,) of the total site. A large percentage The majority of the land !.;ontained within the ACSC is also within the Conservation Designation and thus is subje!.;t to the land use limitations of that Land Use Designation. (LaHd Use De'iiXNalioff Seel iOHV (3) Na/ural Resource Fro/ee/iOlI Areas rNRFAs) Major wetland systems and regional now-ways vvere used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and ns discussed inFLUE Land Use Designation, Section V.c. These areas identi(v include high fundioning vvdland systems in the County and, although portions of the NRPA Overlay indude lands within lhe Conservation Designation. represent an additional approximately 12%r* of the Counly's wetlands, that \-vhieh are not located in Conservation Lands. Based on th(' relatively high concentration of wetlands within NRPA designated lands. incompatible land uses shaH be directed away lr0111 these areas. Allowable land uses for within NRPAs are also subject to native vegetation retention and preservation standards of 9(l%l. (]~t~leFefl(:t' Ihe NH.1'AOver!t~1' iN the l'LJ)l~') (4) l<urall' 'rillxe Mixed Use A1ixed Use 1 >is/riel SendillX Lal/(/~ Best available data indicates that 16,OOO~ acres of wetlands are contained within designated Sending Lands and that such vvetlands constitute constituting approximately 700'(,* of land cover in these areas. Incompatible land uses are directed avvay from the Rural Fringe Mixed Use Distri!.;t Sending Lands through an incentive-based Transfer of Devc10pment Rights (TDR) Program that allows land owners within these Sending Lands to transf(~r their residential density out of the Sending Lamb to Rural Fringe Mixed Use District (and limited Urban) Receiving Lands. A complete descriptionof the TDR Program iscontained in the fLUE, future Land Use Designation DescriptiQn Section, Agricultural/Rural Designation, Rural Fringe J\:1ixed Use District Incompatible land uses are also directed a\vay from Sending Lands by restricting through restrictions on allo\-vable uses. rRt/erenn' Fl.1 iF Huml Frinxe A4l,'H'd (:,e Ills/rid .I Finally_ allowable uses within these lands are also subject to native vegetation retention and preservation standards of 800'0 to <>00/;), as required by Policy 6.7.1 of this Element (Nt:li.'ref/ceCCMl: Pulit:\' 6 7.1) (5) J-IO\rw(~I' S'/nl'ard~hip Areas Ire-numbered 10 r(~f1ecl merger of Ordinance No. 2()()2-32 ami 2002-54f Flowway Stewardship Areas have been desig.nated Wwithin the Rural Lands Stewardship Area Overlay (RLSA), as designated depicted on the Future Land Use Map, and are shown on the Rural Lands Study _;\rea Natural Resource Index Map Series, Flo\v\vay Stevvardship Areas (FSAs) are primarily 11,)1' the most pm1 privately owned wetlands that are located vvithin the Camp Keais Strand and Okaloacoochec Slough. These lands form the primary principal \-vetland 1l0w\.vay systems in the RLSA The Overlay provides an im:(:ntive to permanently protect FSAs by through the creation and transfer of Stewardship Credits.. It also Words underlined are added; words struckthroHqh are deleted 26 Consen/allan & Coast3! Management Element !o Bee for i\doptis-!1 "1 "1707 contains provisions that eliminate elimination of incompatible uses from the FSAs and, which establish establishment of protection measures. (6) Watershed A1anagement Plans Collier CountL.will establish watershed management plans throughout the CountYJut withJ2ill:ticular emphasis on the Urban and Estates designated areas. These watershed management plans_ shall be established in accordance with Objective 2.1 of this Element and will include tb&.preservation or, where feasibk creation of landscape-scale.~~tland conservation areas to act as habitat. natural water quality treatment and water quantity retention/detention areas, The County shall direct incompatible land uses away lrom such large-scale wetlands. Collier County shall allow tor more intensive development to ocr.ur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural-Selllement Area District. and the Urban Designated Areas subject to the land uses identilied in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account lllr only 6%) of Collier County's wetlands. Except Illr tidal wetlands within the coastal poriion of the Urban Designated Area and wetlands that are part of an established watershed management plan, the County tinds that the wetland systems in these areas arc more Ihgmented and altered than those systems located within the Conservation Lands, ACSC and NRP A Ot\Verlays. and Rural Fringe Sending Lands. On a project-specilic basis, wetlands and wetland functions shall be protected through the lll110wing mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting. (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 62, (4) Clustering provisions specified in the Rural Fringe Mixed Use District of the FLUE (1{{Ji:ro;('e 1,1- (fL. Huml j-J'inb<<' Atixed L/se !)isfrid). (5) Thl..~ protection of wetlands that are part oran l~stablished watershed Illcmagcment plan, as per Objective 2.1 or this Element. (6) Land or casement aClJuisition. (7) Land owner incentives. such as transferable development rights, tax relict: or USDA grants lor restoration. Policy 6.2.4: [Revised text. page 231 Within the Urban Designated area. the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency., except lor \-vctlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts a"vay lI-mn such vvetlands This policy shal1 be implementt'd as tllllows: (1) Where permits IssLled by such jurisdictional agencies al10w for impacts to wetlands within this designated area and require mitigation tln' such impacts, this shall be deemed to meet the objective of protection and conservation of v\"etlands and the natural functions of \-vetlands within this area., except iln' wetlands that Words underlined are added; words struck thmuQh are deleted. 27 Conservation & Coastal Management E!emon! to BCC for Adoption 11707 are part of a Watershed Management Plan preserve area. The County shall direct impacts away iI'om such wetlands. (2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of single-family residences~ which are not part of an approved development or are not platted, unless the residences are within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. in which case the appropriate jurisdictional permit is required prior to the issuance of a final local development order permitting site improvements. (3) Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public or private conservation entity such as CREW lands.; pttbHe or private mitigation banks; wetlands that are part of an approved watershed management plan, as per Obiective 2.1 of this Element and other areas appropriate for mitigation, such as flow ways and areas containing habitat for plant or animal listed species. (4) Within the lmmokalee Urban Designated Area, there may exists high quality wetland system~ connected to the Lake Trafford/Camp Keais Strand system. These wetlands require greater protection measures than wetlands located in other portions of the Urban Designated Area, and therefore the wetland protection standards set 10rth in Policy 6.2.5 shall apply in this area As part of the County's Evaluation-ane Apprai:;al Report--(EAR), the County shall identify this area and map its. boundaries on the Future Land Use Map. This area is generally identified as the area designated as Wetlands Connected To Lake Trafford/Camp Keais Strand System on the lmmokalee Future Land Use Map and is located in the southwest lmmokalee Urban designated area, connected to the Lake Tral10rd/Camp Keais Syste!.ll_Within one_Lllyear of the effective date of these amel1dments, the _County sJmll adQ.Q.L land development regulations to detenlline the illQcess arKLw.eciJic ciU;!J1l1~tan<"c~ wjleJLtbe provi:ilon~ of Policy 6.2.5 will ilPJlk Policy 6.2.5: {Revised text, page 23] (Nutl!' 171is rl!visiulI applil!s UII~F to thl! first paragraph (~r thl! subjl!cI pothy.) Within the Rural Fringe Mixed [I,<ie l>bilrkt. and that portion of the Lake Trafford/Caml' Keais Strand Svstem which i,'} contained within the lmmokalee Urblln 1>e,\iiJ!nated Area. Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetland s based upon the vegetation requirements of Policy 6.1.2 of this element. the wetland functionality assessment described below in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland This policy shall be implemented as 1011ows: Words underlin~c!. are added: words stfuckthreugh are deleted. 28 Conservation & Coastal Management Element to BCC for Adoption 1-17-07 Policy 6.2.6: [Revised text, page 25] Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J Within the Urban Designation amI the Rural Fringe Mixed Use District, {required} wetland preservation areas. butTer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2,5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. Policy' 6.2.7: [Revised text, pages 25, 26] Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency~,except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: (1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction unless the proposed residence is within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Obiective 2,1 of this Element. in which case the appropriate jurisdictional permit is required prior to the issuance of a building permit. The County shall also notify the applicable federal and state agencies of single-family building permits applications in these areas. (3) Within North Golden Gate Estates and the Rural Settlement Area. Collier County shall incorporate certain preserved and/or created wetlands and associated uplands into the County's approved watershed management plans. as per Obiective 2.1 of this Element. The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single-family building permits within or adjacent to such wetlands. subject to appropriate mitigation requirements. which preserve the functionality of the wetland within [he applicable watershed management plan. For a proposed residence which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant Words ~nde[H.!1ed are added; words struckt~ are deleted. 29 Conservation & eoaslal Management Element to BCC for Adoplion 1-17-07 to policies supporting Obiective 2.1 of this Element. the appropriate jurisdictional permit is required prior to the issuance of a building permit. (4)- \.l/ithin one (1) year of the adoption of these amendments, Collier County shall continue to work with federal and state agencies to identify properties that have a high probabilities probability of wetlands and ef animal listed species occurrence. The identification process will be based on Hhydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if it the process is sufficiently accurate to require federal and state wetland approvals prior to issuing the issuance of a building permit within these areas. The County shall use tflis information on wetland and/or listed species occurrence to inform property owners of the potential existence of wetlands and/or listed species on their property. (5) Within one year after Watershed Management Plans are accepted by the Board of County Commissioners. Collier County shall develop and implement additional means to protect wetland systems identified in each Plan for preservation or restoration. Means to consider include innovative landowner incentives. transferable development rights. tax relief. land or easement acquisition. state and federal grants. and enhanced regulations. Policy 6.2.8: [No change to text, page 26] Policy 6.2.9: [N 0 change to text, page 26] OBJECTIVE 6.3: [No change to text, page 26] Policy 6.3.1: [No change to text, page 26] Policy 6.3.2: [N 0 change to text, page 26] Policy 6.3.3: [No change to text, page 26] OBJECTIVE 6.4: (No change to text, page 26] Policy 6.4.1: [N 0 change to text, page 26] Policy 6.4.2: [Revised text, page 26] Collier County shall G~ontinue to meet coordinate with the appropriate adjacent Ceounties at a specified frequency to discuss upcoming when reviewing proposed land development projects that would have an impact on ecological communities in beth one or more of the adjacent Counties. Policy 6.4,3: [Revised text, page 27] Words underlined are added; words &truck throl:.lgh are deleted. 30 eonservation & Coastal Management Element to see for Adoption 1-17--07 The County shall assist to assure compliance with an State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. Collier County shall continue to coordinate with adjacent governmental iurisdictions when making management decisions regarding ecological communities shared by Collier County and one or more adjacent jurisdictions. OBJECTIVE 6.5: [No change to text, page 27] Policy 6.5.1: [No change to text, page 27] Policy 6.5.2: [No change to text, pages 27, 28] Policy 6.5.3: [No change to text, page 28] GOAL 7 [No change to text, page 29] OBJECTIVE 7.1: [Revised text, page 29] The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shan apply to all of Collier County except for the Eastcrn Lands Study Area, for \-vhich policies are required to be adopted by Novcmber 1, 2002. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered. threatened. or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered. threatened. or species of special concern. in accordance with Rules 68A-27.003. 68A-27,004. and 68A-27.005, F.A.C, and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Policy 7.1.1: [No change to text, pages 29, 30] Policy 7.1.2: [No change to text, pages 30, 31, 32] Policy 7.1.3: [No change to text, page 32] Policy 7.1.4: (No change to text, page 32] Policy 7.1.5: [No change to text, page 32] Policv 7.1.6: [New text, page 32] The County shall evaluate the need for the protection of listed plants and within one (1) year of the effective date of this amendment adopt land development regulations addressing the protection oflisted plants. Words underlined are added; words struck throl:.lgh are deleted. 1\ Conservation & eoastal Management Element to Bee lor Adoption 1-17-07 OBJECTIVE 7.2: [No change to text, page 32] Policy 7.2.1: [N 0 change to text, page 32] Policy 7.2.2: [No change to text, page 32] Policy 7.2.3: [No change to text, page 32] OBJECTIVE 7.3: [Revised text, page 32] Analysis of Hhistorical data from 1996-1999 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 5% of the hatchlings from all tetal nests in the County. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. Policy 7.3.1: [No change to text, page 33] Policy 7.3.2: [No change to text, page 33] Policy 7.3.3: [N 0 change to text, page 33] OBJECTIVE 7.4: [No change to text, page 33] Policy 7.4.1: [N 0 change to text, page 33] Policy 7.4.2: [No change to text, page 33] GOAL 8 [N 0 change to text, page 34] OBJECTIVE 8.1: (No change to text, page 34] Policy 8.1.1: [No change to text, page 34] Policy 8.1.2: [Revised text, page 34] The fire departments and the County will receive complaints concerning air pollution problems and refer them such complaints to the Florida Department of Environmental Regulation Protection, the Florida Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: [Deleted text, page 34] The local fire departments, Florida Department of Enviroflmental Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them, Words underlined are added; words struck tl:lrol:.lgh are deleted, 32 ConseNation & eoastal Management Element to BeC for Adoption 1-17-07 Policy 8.l.4 8.1.3: [Renumbered, revised text, page 34] l'..utomobile emissions will be reduced by thc policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the off-cnse, and by the policy of the County to require bike paths or side\valks on new subdivisions and major County roadways and improvements. Collier County shall act to reduce air pollution from automobile emISSIons through continuation of the following procedures: 1. The Collier County Sheriff's Office will continue to enforce vehicle exhaust emissions standards. 2. As part of its development review process. Collier County will require the construction of sidewalks. bicycle lanes or bicycle paths in all new subdivisions. 3. The County will construct sidewalks. bicycle lanes or bicycle paths in conjunction with County-funded transportation improvements. Policy s.-t-.S 8.1.4: [Renumbered, revised text, page 34] By January 1, 2000, the Collier County shall investigate the need for a more continue to develop and maintain a comprehensive leeal county-wide air quality monitoring program. GOAL 9 [No change to text, page 35] OBJECTIVE 9.1: [No change to text, page 35] Policy 9.1.1: [Revised text, page 35] The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Federal Title III, the Superfund Amendments and Reauthorization Act (SARA). Policy 9.1.2: [Revised text, page 35] The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially for the Gity Cities of Naples. Marco Island and Everglades City) including the responsibilities and duties of each agency. Policy 9.1.3: [No change to text, page 35] Policy 9.1.4: [N 0 change to text, page 35] Policy 9.1.5: [No change to text, page 35] Policy 9.1.6: [N 0 change to text, page 35] Words underlined are added; words struck through are deleted. :B Conservation & eoastal Management Element to BeC for Adoption 1-17-07 Policy 9.1.7: (No change to text, page 35] OBJECTIVE 9.2: [No change to text, page 35] Policy 9.2.1: [No change to text, page 35] Policy 9.2.2: [No change to text, page 36] Policv 9.2.3: [New text, page 36] The Collier County Pollution Control and Prevention Department shall work with the Florida Department of Environmental Protection (FDEP) to establish a new cooperative agreement between the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federaL state and local hazardous waste management regulations. OBJECTIVE 9.3: [No change to text, page 36] Policy 9.3.1: [N 0 change to text, page 36] OBJECTIVE 9.4: [No change to text, page 36] Policy 9.4.1: (Revised text, page 36] The County shall implement provisions of the contract with the Florida Department of Environmental Protection under the Federal Title III. the Superfund Amendments and Reauthorization Act (SARA) provisions in order to avoid any duplication of effort. Policy 9.4.2: [N 0 change to text, page 36] Policy 9.4.3: [Revised text, page 36] Unless otherv/ise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62 761, F,'^1.C., as it existed on August 31,1999. All storage tank systems in Collier County shall adhere to the provisions of Section 62- 761 or 62-762. Florida Administrative Code (F.A.C.) as applicable, Unless otherwise provided for within Section 62-761. F.A.C.. individual storage tank systems shall adhere to the provisions of Section 62-761. F.A.C.. in effect at the time of approval of the storage tank system. OBJECTIVE 9.5 aDd Potiey 9.5.1 [deleted) [Deleted text, page 36] GOAL 10 [No change to text, page 37] Words underlined are added; words strl:.lck tl:lmugh are deleted. J4 Conservation & eoastal Management Element to sec for Adoption 1-17-07 OBJECTIVE 10.1: [No change to text, page 37] Policy 10.1.1: [Revised text, page 37] Priorities for water-dependent and water-related uses shall be: a. Public recreational facilities over private recreational facilities: alL Public Boat Ramps; b~_ Marinas 1. Ceommercial (public) marinas over private marinas; 2. Dry over wet storage; eQ. Commercial fishing facilities; d~. Other non-polluting water-dependent industries or utilities7~ f. Marine supply/repair facilities; g. Residential development. Policy 10.1.2: [No change to text, page 37] Poliey 10.1.3: [Deleted text, page 37] Priorities for \-vater related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy l()..t..4 10.1.3: [Renumbered, revised text, page 37] In order to minimize the destruction or disturbance of native vegetative communities. +lhe following priority ranking of shoreline development and the resultant destruction or disturbance of native ';egetative communities for "yater dependent/water related land uses shall apply: a. areas presently developed,~ b. disturbed uplands,~ c. disturbed freshwater wetlands,~ d. disturbed marine wetlands,~ e. viable, unaltered uplands,~ f. viable, unaltered freshwater wetlands,~ g. viable, unaltered marine wetlands, Words underlined are added; words struck throl:.lgh are deleted. 15 Conservation & Coastal Management Element to BCe for Adoption 1-17-07 Policy 10.1.5: [Deleted text, page 37} In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) Policy ttM-.-6 10.1.4: [Renumbered text, page 38] Policy t9d--.+ 10.1.5: [Renumbered, revised text, page 38} Marinas and all other water-dependent and water-related uses shall conform to ethef all applicable policies regulations regarding development in marine wetlands. Marinas and water-dependent/water-related uses that propose to destroy wetlands shall provide for use by the general public use. Policy -W.h8 10.1.6: [Renumbered, revised text, page 38} All new marinas. water-dependent and water-related uses that propose to destroy viable.. naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to demonstrate the public benefit economic need and financial feasibility fef of the proposed suefl development. Policy.J.O...l.9 10.1.7: [Renumbered, revised text, page 38} Objective 10.1 and its accompanying +hese policies and the LDC shall serve as criteria for the review of proposed development within the "Special Treatment" eST') Zoning Overlay District. designated lands. OBJECTIVE 10.2: [No change to text, page 38} Policy 10.2.1: [No change to text, page 38} Policy 10.2.2: [No change to text, page 38} Policy 10.2.3: (Revised text, page 39] A credit to'.vards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Developments that provide public access to beaches. shores and/or waterways may be eligible for credit toward any recreation and open space impact fee adopted by the Collier County Board of County Commissioners. Policy 10.2.4: [No change to text, page 39) Policy 10.2.5: [No change to text, page 39) Words underlined are added; words struck throl:.lgh are deleted. J6 eonservalion & eoastal Management Element to Bee for Adoplion 1-17-07 Policy 10.2.6: [No change to text, page 39] OBJECTIVE 10.3: [No change to text, page 39] Policy 10.3.1: [No change to text, page 39] Policy 10.3.2: [No change to text, page 39] Policy 10.3.3: [No change to text, page 39) Policy 10.3.4: [Revised text, page 39) Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that '.",ill not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Public expenditures within Collier County's undeveloped coastal barrier system shall be limited to acquisition for purposes of public safety. education. restoration. and removal of exotic vegetation. recreational use. and/or research facilities. Such uses will be allowed only if the establishment of such use would not substantially alter the natural characteristics and natural functions of the undeveloped coastal barrier system. Policy 10.3.5: (No change to text, page 39] Policy 10.3.6: [Revised text, page 39) Prohibit construction of structures seaward of the Coastal Construction Control Setback Line on undeveloped coastal barriers. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7: [No change to text, page 40] Policy 10.3.8: [Revised text, page 40] Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. one (1) dwelling unit per five (5) acres or as already allowed for established legal nonconforming parcels or lots of record, Policy 10.3.9: (No change to text, page 40] Words underlined are added; words stmck throl:.lgh are deleted. J7 eonservation & eoastal Management Element to Bee for Adoption 1-17-07 Policy 10.3.10: (N 0 change to text, page 40] Policy 10.3.11: [No change to text, page 40] Policy 10.3.12: (Revised text, page 40] Require Encourage the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment~ proposed to take place within areas identified as Coastal Barrier system.. with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13 [Deleted text, page 40] These policies shall be implemented through the existing "ST" zoning procedures, Policy 10.3.14 10.3.13: (Renumbered, revised text, page 40] Substantial alteration of the natural grade on undeveloped coastal barriers.. ay through filling or excavation shall be prohibited except as part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan for one or more of the uses allowed by Policy 10.3.4. above. Policy 10.3.15 10.3.14: [Renumbered text, page 40) Policy 10.3.15: (New text, page 40] All new development proposed on undeveloped coastal barrier systems shall be reviewed through the County's existing "Special Treatment" ("ST") zoning overlay district. Objective I 0.3 and its accompanying policies shall serve as criteria for such review. OBJECTIVE 10.4: [No change to text, page 40] Policy 10.4.1: [No change to text, page 41) Policy 10.4.2: (No change to text, page 41] Policy 10.4.3: [Revised text, page 41] Collier County shall Pllrohibit activities.. which would result in man.:induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific/coastal engineering literature/studies that have established benchmarks for natural rates of beach eroSIOn. Words underlined are added; words struck through are deleted. 18 eonservation & eoastal Management Element to see for Adoption 1-17-07 Policy 10.4.4: [No change to text, page 41] Policy 10.4.5: [No change to text, page 41) Policy 10.4.6: [No change to text, page 41] Policy 10.4.7: [Revised text, page 41) Collier County shall PQrohibit construction seaward of the Coastal Construction Control Setback Line except where the same such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985.. ef where said such prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. Policy 10.4.8: [Revised text, page 41] Collier County shall allow ~onstruction seaward of the Coastal Construction Control Setback Line \vill be allowed for public access and protection and activities related to restoration of beach resources. Such ~onstruction seaviard of the Coastal Construction Control Linc,,-shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and" where appropriate.. will restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: (Revised text, page 41] Collier County shall prohibit S~eawall construction on properties fronting the Gulf of Mexico shall bc prohibited except in extremc cases of hardship instances where erosion poses an imminent threat to existing buildings. Policy 10.4.10: (Revised text, page 41] The County shall prohibit -Vyehicle~ traffic or traffic on the beaches and primary dunes shall bc prohibited except for the following: L Emergency vehicles responding to incidents. 2. Vehicles associated with and approved environmental maintenance, environmental monitoring. or conservation purposes.:. ~ Vehicles limited to set-up and removal of equipment of permitted events. in conjunction with permanent concession facilities. or permitted uses of commercial hotels, 4. Beach raking or beach cleaning. 2" Vehicles needed for beach nourishment or inlet maintenance Words underlined are added; words struck throLlQh are deleted. 39 Conservation & eoastal Management Element to see for Adoption 1-17-07 6. Vehicles necessary for construction that cannot otherwise access a site from an upland area. Th.e County shall enforce this requirement with the eXlstmg Vehiclc on the Beach Ordinance. Vehicles shall be operated in a manner that does not negatively impact the beach or dune environment. Additional protective regulations shall apply during sea turtle nesting season. Policy 10.4.11: [No change to text, page 42} Policy 10.4.12: [Revised text, page 42} In permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, riprap. b. Where appropriate, repaired structures will be redesigned and/or relocated landward to align with adiacent structures. Policy 10.4.13: [No change to text, page 42] OBJECTIVE 10.5: [No change to text, page 42} Policy 10.5.1: [No change to text, page 42] Policy 10.5.2: [No change to text, page 42] Policy 10.5.3: [No change to text, page 42] Policy 10.5.4: [Revised text, page 42] Prohibit construction of any structure seaward of the Coastal Construction Setback Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: [Revised text, page 42] The County shall gProhibit motorize vehicles on the beaches and dunes except for emergency, environmental monitoring and environmental maintenance purposes. -lfle County shall enforcc this requircmcnt with the cxisting Vehiclc On Thc Bcach Ordinance. Words underlined are added; words struck through are deleted. 40 eonservallon & eoastal Management Element to see for Adoption 1-17-07 Policy 10.5.6: (N 0 change to text, page 42] Policy 10.5.7: [No change to text, page 42] Policy 10.5.8: [No change to text, page 43] Policy to.5,9: [Revised text, page 43] Prohibit construction seaward of the Coastal Construction Control Setback Line except as follows: a, Construction will be allowed for public access; b, For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy to.5.10: (No change to text, page 43] Policy 10.5.11: [Revised text, page 43] The County will waive aU other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Setback Line. Policy 10.5.12: [No change to text, page 43] OBJECTIVE 10.6: [No change to text, page 43] Policy 10.6.1: (Revised text, page 43] In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5, development within the County's coastal zone shall also meet the following criteria: 1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres; a. Wiggins Pass Unit FL-65P, b. Clam Pass Unit FL-64P, c. Keywaydin Island Unit P-16, d. Tigertail Unit FL 63 P, ed. Cape Romano Unit P-15. 2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed pristine habitats (Reference Policy 10.1.4). Words underlined are added; words struck throl:.lgh are deleted. 41 eonselVaoon & eoastal Management Element to see for Adoption 1-17-07 3, Beachfront developments shall restore dune vegetation. 4, Projects on coastal barriers shall be landscaped with native Southern Floridian specIes. 5. Boathouses, boat shelters and dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds except where a continuous bed of seagrass exists off of the shore of the property, in which case facility heights shall be at least 3.5 feet NGVD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. 6. The requirements of this policy identify the guidelines and performance standards for undeveloped coastal barriers and estuarine areas that are contained within the County's coastal barrier and estuarine area Natural Resource Protection Area (NRPA - reference CCME Policy 1.3.1). These guidelines and standards therefore satisfy the requirements ofCCME Policy 1.3.1. Paliey 10.6.2: (Deleted text, page 44] The requirements of Policy 10.6.1 identifies th.e guidelines and performance staadards for the undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine NRPL^" (CCME Policy 1.3.2). These standards thereforc satisfy the requirements ofCCME Policy 1.3.2. Policy ~ 10.6.2: (Renumbered text, page 44] Policy 10.6.3: [No change to text, page 44] GOAL 11 [No change to text, page 45] OBJECTIVE 11.1: [No change to text, page 45] Policy 11.1.1: (No change to text, page 45] Policy 11.1.2: [No change to text, page 45] Policy 11.1.3: [No change to text, page 45] GOAL 12 [N 0 change to text, page 46] OBJECTIVE 12.1: (Revised text, page 46] The County will maintain +994; hurricane evacuation clearance times as required by state law. for a Category 3 storm at a maximum of 28 hours as defined by the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that Words underlined are added; words struck through are deleted. 42 Conservation & Coastal Management Element to BCC for Adoption 1-17-07 time frame by 1999 to 27.2 hours. A~tivities will include on site sbekering for mobile home developments, increased sheker space, and maintenance of equal or lower densities of the Category 1 evaooatioH zone as defined in the 1996 South'Nest Florida Regional Planning Council Hurricane Evacuation Study Update, An evacuation clearance time shall be defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds. i.e.. winds equal to or greater than 39 mph. To further these obiectives. for future mobile home developments located outside of the storm surge zone. such development shall include on-site sheltering or retro-fitting of an adjacent facility. The Collier County Emergency Management Department shall seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. Policy 12.1.1: [Revised text, page 46] l\ comprehensive 8:\varcness program will be developed and publicized prior to may 30th of each year. Evacuation zones and routings shall be printed in each local ne'.vspaper. This information shall be made readily available to all hotclJmotel guests. Collier County will develop and maintain ~ comprehensive public awareness program will be developed and.:. The program will be publicized prior to May 30th of each year. Evacuation zones. public shelters and routiHgs evacuation routes shall be printed in each local newspaper. displayed on the Collier County Emergency Management website. and the availability of this information will be discussed on local television newscasts. This information shall also be made readily available to all hotel/motel guests. Policy 12.1.2: [No change to text, page 46] Policy 12.1.3: [Revised text, page 46J The County shall continue to identify and maintain shelter space that complies v/ith Red Cross standards for 45,000 32.000 persons by -l-99& 2006 and 60,000 45.000 by ~ 2010. Shelter space capacity will be determined at the rate of20 square feet per person. Policy 12.1.4: (Revised text, page 46] The County shall continue to maintain hurricane shelter requirements and standards fef hurricane shekers for all new mobile home parks and mobile home subdivisions. or existing mobile home parks and mobile home subdivisions in the process of expanding.. which are accommodate or contain 26 units or larger in size more, Such mobile home parks or mobile home subdivisions shall be required to provide emergency shelter space on-site.. or to provide funding to enhance one or more existing public shelters off-site. The Bhuilding. which provides the on-site shelter space (if this option is chosen}. will be Words underlined are added; words stlYck throl:.lgl:l are deleted. 4J Conservation & Coastal Management Element to BCC for Adoption 1-17-07 of such a size as to hettse provide shelter to park or subdivision residents at the rate of 20 SEt square it feet per resident person. For the purposes of this policy. Resident size will be ;limatetl by &':eragiBg park pOl'wation ooriRg the JuBe November time frame. the size of the on-site shelter structure shall be determined by estimating the park or subdivision population during the June-November time frame. based upon methodologies utilized by the Collier County Emergency Management Department. On site shelters shall be eleyated to a minimum height equal to or above the ':t'or:R case Category 3 hurricane floodiRg level utilizing the current Natioflal Oeea.nic and Atmospheric frtlministratioR's storm. surge model, known as Sea, Lak-e, and Overland Surges from Hurricanes (SLOSH).; The design and cOflstruetion of the required shekers shaH be guided by the wifld loads applied to buildings and structures designated as "essential facilities" in the latest StaRdard Building Code, Table 1205. Shelters shaH be OOflstrueted with adetJuate emergeBey electrieal power aRd potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilatien, sanitary facilities and first aid equipment. A telephoae and battery operated telephone is also required ,It'ithin the sheker. Policv 12.t.5: [N ew text, page 46] On-site shelters within mobile home parks or mobile home subdivisions shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level. based upon the most current National Oceanic and Atmospheric Administration's storm surge model. known as Sea. Lake. and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and structures designated as "essential facilities" in the latest Florida Building Code. shall guide the design and construction of the required shelters. Shelters shall be constructed with emergency electrical power and potable water supplies: shall provide glass protection by shutters or other approved materiaVdevice; and shall provide for ventilation. sanitary facilities and first aid equipment. A telephone. automatic external defibrillator (AED) and battery-operated radio are also required within the shelter. Policy 12.1.5 12.1.6: [Renumbered, revised text, page 46] The Dd-irectors of the Transportation Planning and Emergency Management Departments will review, at least annually, evacuation route road improvement needs to ftSSW'e ensure that necessary improvements are incorporated reflected within the Capital Impro-.'ement B:Bd Traffic Cireulation Element projeets, as indicated in Table 1 of the f..ppendix Table A. the Five- Y ear Schedule of Capital Improvements. as contained within the Capital Improvement Element of this Growth Management Plan, Policy ~ 12.1.7: [Renumbered, revised text, page 47] The County shall update the hurricane evacuation portion of the Collier County Peacetime Emergency Comprehensive Emergency Management Plan prior to June 1 st of each year by integrating all appropriate regional and State emergency plans in the identification of emergency evacuation routes. Words underlined are added; words struck thF9l:lQI:I are deleted. 44 Conservation & Coastal Management Element to see for Adoption 1-17-07 Policy H..l-rl12.1.8: (Renumbered text, page 47) Policy 12.1.8 12.1.9: [Renumbered, revised text, page 47] Collier County shall annually update its approved Hazard Mitigation Plan. formerly known as the "Local Hazard Mitigation Strategy" through the identification of new or ongoing local hazard mitigation proiects and appropriate funding sources for such proiects. Policy n.t.912.t.10: [Renumbered~ revised text, page 47] Construct Aall new Public Safety facilities in Collier County will te be floodproofed flood-resistant and designed to meet -l-eG 155 mph wind load requirements and shall have provisions for back-up generator power. Policy 12.1.1912.1.11: [Renumbered, revised text, page 47] The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area are te-be designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (+99+ 1999), Section 5.4(15). Policy 12.1.11 12.1.12: [Renumbered, revised text, page 47] The County will continue to work with the Board of Regents, of the State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area ~ ~ designed and constructed to meet the Public Shelter Design Criteria. as contained in "State Requirements for Educational Facilities" (+99+ 1999), Section 5.4(15) and the Florida Building Code. Policy 12.1.12 12.t.13: [Renumbered, revised text, page 47] The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants. Hazard Mitigation and & Pre-disaster Mitigation Grant Programs funding. and from funds identified in the State's annual S~helter !)deficit S~dies. Policv 12.1.14: [New text, page 47] Prior to adoption of the 2007 Annual Update and Inventory Report (AU.I.R.). Collier County shall evaluate whether to include hurricane shelters in the 5-year schedule of Capital Improvements. Policy 12.1.13 12.1.15: [Renumbered, revised text, page 47] Words underlined are added; words strnGk thmYQh are deleted. 4:'; Conservation & eoastal Management Element to see for Adoption 1-17-07 All new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities." 1999). Additionally this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 48 hours. Policy 12.1.14 12.1.16: (Renumbered, revised text, page 47J The Coonty ,vill consider establishi8:g one \v&y evacuation routes on COUlity maintained roads for storm events that Mye the poteAtial for iBuooatiRg low lyiRg populated areas, The County will coordinate with the Florida Department of Transportation FDOT te consider on its plans to one-waymg evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. Policy t2.1.17 [New Text, pages 47J Collier County is conducting a Hurricane Evacuation Study. If warranted by the results of that study. further restriction on development may be proposed. OBJECTIVE 12.2: [Revised text, pages 47, 48] The Cet:l:Bty shall ensur-e that buildiRg aDd de-/elepment aetivities are carried out in a maftner, wh.ieh minimizes the danger to life and property from hurrieanes. The public shall limit its E>>(peooit-l:lres ift'/ohl'ing beach aoo oone restoration aAd renourishment, mad repair publicly O'lmed seawalls, dockiRg and parking areas. All future unimproved requests for development in the coastal high hazard areas will be denied. The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life. property. and re-building cost from the affects from hurricanes. flooding. natural and technological disaster events. Best practice efforts may include. but are not limited to: a. Construction above the flood plain: b. maintaining a protective zone for wildfire mitigation: c. installation of on-site permanent generators or temporary 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. emergency road repairs: f. repair and/or replacement of publicly owned docking facilities. parking areas. and sea walls. etc. Policy 12.2.t: [Revised text, page 48] Words underlined are added; words struck throl:.lQl:I are deleted. 46 __'IF. ~ f"'f Conservation & Coastal Management Element to see for Adoption 1-17-07 The Hazard Mitigation section ABfteK of the Collier County peaeetime Comprehensive Emergency Management Plan (PBP) (CEMP) shall continue to be reviewed and updated every three (3) four (4) years beginning in 19&8 2005. The Direetor shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plafl. This periodic update of the CEMP shall include a review and update (as may be necessary) of the County's hurricane evacuation and sheltering procedures. Policy 12.2.2: [Revised text, page 48] Within the coastal high hazard are!!, l+he calculated needs for public facilitieso..-M represented in the Annual Update and Inventory Report (A.U.I.R.) and Five-Year Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth aUowed by the projeetioRs within the coastal high hazard area. The Future Land Use Element limits ne...... resideBtial de\'elopment, (thus obligation to infrastruettife eKt>enditures) to a maximum of four dwelling units per gross acre. within the coastal high hazard area. In addition, existing zoniRg BOt vested shall be re evaluated ,nithiR three years and may change to a density le'.'el consistent with the Future LaRd Use Element. Policy 12.2.3: (N 0 change to text, page 48] Policy 12.2.4: [Revised text, page 48] The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Florida StB:Bdard Building Code. Policy 12.2.5: (Revised text, page 48] The County shall consider the Cooastal Hhigh Hhazard Aarea as that a geographical area lying within the Category 1 storm surge evaooation zone as presently defined in the 2001 Southwest Florida Regional Planning Council's Hurricane Evacuation Study.. Update or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency Management Department and approved by the Board of County Commissioners, Policy 12.2.6: [No change to text, page 48] Policy 12.2.7: [Revised text, page 48] The County shall continue to assess all unimproved undeveloped property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12.2.8: [No change to text, page 48] OBJECTIVE 12.3: (No change to text, page 48] Words underlined are added; words struck tl:lrol:.lgh are deleted. 47 ConseIvation & Coastal Management Element to see for Adoption 1-17-07 Policy 12.3.1: (No change to text, page 48) Policy 12.3.2: [No change to text, pages 48,49] Policy 12.3.3: (Revised text, page 49) The Recovery Task Force recovery task force shall include loeal law enfor(iCment authorities the Sheriff of Collier County, the Community Development and Environmental Services Division Administrator, the Comprehensive Planning aad Director. the Zoning and Land Development Review Director, the Emergency Management Director and other members as directed by the Board of County Commissioners (BCC). The Board Bb(; should also include &representatives from municipalities within Collier County that have received receiving damage from the storm should also be to become members of the Rfecovery Itask Eforce. Policy 12.3.4: [Revised text, page 49] The recovery task force shall rwiew and decide upon emergeBcy building permits, coordinate ',vith State B:Bd Federal officials to prepare disaster assistance applications, aflalyze and recommend to the County Commissioo h~d mitigatiofl ~iOflS including r-eoonstruetion or relocation of damaged public facilities, recommend amendments to the COAlf)rehensive Plan, Peeeetime Emergency Plan and other appmpriate polieies aAd procedures. The Collier County Recovery Task Force responsibilities shall be identified in the Code of Laws and Ordinances. Policy 12.3.5: [No change to text, page 49] Policy 12.3.6: [No change to text, page 49] Policy 12.3.7: (Revised text, page 49] The County shall has develop~ aDd adopted and maintains a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, te for the purpose of evaluateing options for damaged public facilities including abandonment (demolition), repair in place, relocations, and reconstruction with structural modifications. +his process shall The process described within the Ordinance consider~ these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy t2.3.8: (No change to text, page 49] OBJECTIVE 12.4: [Revised text, page 49] Words underlined are added; words struck througl:l are deleted. 4R Conselvation & eoaslal Management Element to BCC for Adoption 1-17-07 The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency. such as a hurricane or other large-scale disaster. the County Emergency Management Department shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include. but not necessarily be limited to. respirators. oxygen tanks. first aid equipment. disaster cots and blankets, and defibrillators. Policy 12.4.1: [No change to text, page 49] Policy 12.4.2: [No change to text, page 50] Policy t2.4.3: [No change to text, page 50J GOAL 13 [No change to text, page 51] OBJECTIVE 13.1: [No change to text, page 51J [No change to text, page 51] [No change to text, page 51J [Revised text, page 51] Policy t3.1.1: Policy 13.1.2: Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It The regulation fulfills an important need that is not presootly adequately met addressed by existing Regional, State, or Federal regulation~. b. The regulation can be effectively and efficiently administered by existing County staff or by an authorized inc-reases to expansion of County staff c. The cost to the County of implementing the regulation sRall have has been identified and considered. EAR-CCME to BeC fOl' Adoption 07 G: CompIEAR Amendment ModificationslBCC Adoption Draft bl&ds-JJ-dwfl-17- Words underlined are added; words struck tl:lroygh are deleted. 49 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan INTERGOVERNMENTAL COORDINATION ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the INTERGOVERNMENTAL COORDINATION 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -(m~.on. ~.[x~;V-~~ MARJ IE M. STU ENT-STIRLlNG I) ASSISTANT COUNTY ATTORNEY 2007 INTERGOVERNMENTAL COORDINATION ELEMENT 2 Intergovernmental Coordination Element to Bee for Adoption 1-17-07 EXHIBIT "A" INTRODUCTION [New Language, page 1] I. Decisions made, or policies pursued, by Collier County..--Fb may influence decisions made or policies followed by: municipalities within, or adiacent to, Collier County; adiacent counties; the District School Board of Collier County; service delivery agencies; and, the various independent special districts located within, or adiacent to, Collier County. Decisions and policies of these entities may, in turn influence those of Collier County. Throughout its planning process, Collier County pursues coordination with the surrounding iurisdictions and agencies. The Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as amended, requires the inclusion of an element within local government comprehensive plans, that addresses coordination between units of government. This Intergovernmental Coordination Element is in accordance with the provisions of the Act. The Collier County Intergovernmental Coordination Element (ICE) contains a Goal, Obiectives and Policies that deal with the following coordination issues: . Intergovernmental communications and level of service coordination . Coordination of land use planning strategies . Coordination of municipal annexation plans . Formal and informal coordination mechanisms The Collier County Intergovernmental Service Delivery Agreement Report, completed in 2004, is an appendix to this Element. This report summarizes Collier County's interlocal agreements with governmental or quasi-governmental entities that provide services to Collier County residents. The Report summarizes service delivery agreements between Collier County and various providers, with regard to eight (8) service categories: 1) Education 2) Sanitary Sewer 3) Public Safety 4) Solid Waste 5) Drainage 6) Potable Water 7) Parks and Recreation, and Words underlined are added; words E:truok through are deleted. '- Intergovernmental Coordination Element to BCe for Adoption 1-17-07 8) Transportation Facilities. As of January 2005, there are three (3) municipalities within Collier County. These are: . Everglades City . City of Marco Island . City of Naples Also as of January 2005, Collier County shared borders with the following iurisdictions: . City of Bonita Springs (in Lee County) . Lee County . Hendry County . Broward County . Miami-Dade County . Monroe County In addition to Federal and State agencies, the following governmental entities have iurisdiction over all, or portions, of Collier County. The District School Board of Collier County Seminole Tribe of Florida Collier County Water-Sewer District Immokalee Water and Sewer District Florida Governmental Utility Authority Port of The Islands Community Improvement District Collier County Sheriff's Office Big: Corkscrew Fire and Rescue District East Naples Fire Control and Rescue District Golden Gate Fire and Rescue District Immokalee Fire Control District Isles of Capri Fire and Rescue District North Naples Fire Control District Ochopee Fire Control District South Florida Water Management District/Big Cypress Basin Board Southwest Florida Regional Planning Council Cow Slough,Water Control District Collier Soil and Water Conservation District Words underlined are added; words Gtruok through are deleted. 2 Intergovernmental Coordination Element to BCC for Adoption 1-17-07 Naples/Collier County Metropolitan Planning Organization Various Community Development Districts Various Municipal Service Taxing Units (MSTU) Various Municipal Service Benefit Units (MSBU) Goal, Objectives and Policies Intergovernmental Coordination Element GOAL 1: [Renumbered, revised text, page 1] PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINA TION MECHANISMS WITH BROW ARD, MIAMI-DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF BONITA SPRINGS. EVERGLADES, MARCO ISLAND. AND NAPLES, THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY SCHOOL BOARD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRINT/UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE~ DIVISION (MSTU), FLORIDA WL". TER SERVICES, FLORIDA CITIES WATER COl\fPANY, FLORIDA GOVERNMENTAL UTILITY AUTHORITY. MEDI,"'. ONE COMCAST. AND CABLEVISION INDUSTRIES, THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING.1 TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1.1: [Renumbered, revised text, page 1] By the time mandated for the adoption of land de'/elopment regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County (County) shall continue to establish and maintain intergovernmental communication and level of service coordination mechanisms to be used by the Collier County, the Cities of Everglades CitY...Jhe City of Marco Island, the City of Naples, and the City of Bonita Springs, adjacent Lee County, Hendry County, Broward County, Dade County, Monroe County, counties, the District School Board of Collier County School Board, the State of Florida, and any other entity that provides a service but may not have land use authority. Policy 1.1.1: [Renumbered, revised text, page 1] Collier County will shall continue to utilize existing coordination mechanisms, e.g., interlocal planning agreements, joint meetings and any other mechanism~ described in this ,Eelement.. which promotes- consistent planning activities. Words underlined are added; words s:truok thr-ough are deleted. 3 Intergovernmental Coordination Element to BeC for Adoption 1-17-07 Policy 1.1.2: [Renumbered, revised text, page 1] The Collier County Comprehensive Planning Section of the Planning Services Department shall be the designated liaison to disseminate information on proposed Growth Management Plan amendments under review by the County.. which have the potential to effeet affect any of the entities listed in Objective -h 1. Policy 1.1.3: [Renumbered, revised text, page 1] The Collier County Comprehensive Planning Section of the Planning Services Department shall continue to prepare and review the Annual Update and Inventory Report (AUIR) as an annual level of service monitoring report ef for the capital facilities included within the Growth Management Plan. The purpose of this report is to provide the affected entities with the necessary information in order to evaluate and coordinate level of service standards. Paliey 1.1.4: [Deleted text, page 1] The Collier County Comprehensive Planning Section of the Planning Seryiees Department shall recommead procedl:lres to bo taken if the entity that has maintenance respoasibility does not plan for the aecessary improvements in a timely manner in order to maintain the County adopted leyel of service. Policy 1.1.~: [Renumbered, revised text, page 2] In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, or solid waste, the County will coordinate its adopted level of service standard(~ within the parameters allowed by the Concurrency Management System of the Capital Improvement Element as part of the County's Growth Management tffis. Plan. OBJECTIVE 1.2: [Renumbered, revised text, page 2] The County shall G-foordinate Collier County's its land use planning strategy, including an assessment of proposed development, with that of other governmental and private entities. Policy 1.2.1: [Renumbered, revised text, page 2] Collier County will continue to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between the County and respective governmental or private entities. Policy 1.2.2: [Renumbered, revised text, page 2] Collier County shall continue to develop +he-se intergovernmental planning agreements, which shall include provisions for review and commentw on Collier County land use plans and capital facility plans along jurisdictional lines by neighboring governmental iurisdictions, facility planning for water, sewer, roads, and regarding any proposed activities other public facilities that Words underlined are added; words s:truok through are deleted. 4 ., '- Intergovernmental Coordination Element to Bee for Adoption 1-17-07 may have an impact on other entities such iurisdictions or cause inconsistencies with between their respective comprehensive plans. Policy 1.2.3: [Renumbered, revised text, page 2] Collier County shall b-fontinue to participate in cooperative planning programs with other governmental entities. Policy 1.2.4: [Renumbered, revised text, page 2] \Vhere appropriate, mutual planning and management programs for natural rcsources shall be I:lndertaken. This shall include but not be limited to a mutual program for the management of Naples Bay with the City of Naples; a mutual program for the management of certain estuarine areas that fall under the jurisdiction of more than one local entity; a mutual program for maaagement of groundwater resources with Lee and Hendry Counties; and a mutual program for delineation and management of watersheds. Collier County shall continue to undertake, where appropriate and economically feasible, joint programs with other local governments regarding the planning for, and management of, natural resources that are shared by the County and adiacent governmental jurisdictions. Policy 1.2.5: [Renumbered, revised text, page 2] The County shall coordinate its plans, programs, regulations and activities for the provision of affordable housing with those of adjacent governments, particularly with the City of Naples. Policy 1.2.6: [Renumbered text, page 2] The County shall continue to coordinate with the Collier County School Board on the site selection for new public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants in accordance with the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Policy 1.2.7: [Renumbered, revised text, page 2] j\dopt, and malcc part of the County's Grm,vth Management Plan, the S\VFRPC Dispute Resolution, Rule 2917, dated L^..pril 1994, a voluntary regional dispute process to reconcile differences on planning, growth management, and other issues among local governments, regional agencies and private interest. Collier County hereby adopts, as part of this Intergovernmental Coordination Element, the Southwest Florida Regional Planning Council's Rule 291-7, Florida Administrative Code, dated April 1994, which establishes a voluntary regional dispute process to reconcile differences on planning, growth management, and other issues among local governments, regional agencies and private interests. Words underlined are added; words Gtruol< through are deleted. 5 Intergovemmental Coordination Element to BCC for Adoption 1-17.07 Policv 2.8: [New text, page 3] The County shall coordinate with the South Water Management District and other regulatory agencies in implementing the Growth Management Plan. OBJECTIVE 1.3: [Renumbered, revised text, page 3] The County shall continue to coordinate annexation plans of all incorporated areas in the County. Collier County shall develop procedures to identify and implement ioint planning areas for the purposes of municipal annexation, municipal incorporation and ioint infrastructure service areas. Policy 1.3.1: [Renumbered, revised text, page 3] Collier Couaty will identify any proposed annexation areas in the Future Land Use Elemeat and indicate these areas on the Future Land Use Map or map series. Based upon Section 9J-5.015 (3)(c) 4., Florida Administrative Code, Collier County shall work with the local municipalities to identify and implement ioint planning areas and/or ioint infrastructure service areas for the purpose of planning for potential future municipal annexation of such areas. The identified ioint planning areas and/or joint infrastructure service areas shall be depicted on the County's Future Land Use Map series. . Policv 3.2: [New text, page 3] Collier County shall develop procedures to plan for potential future municipal incorporation (i.e., the creation of new municipalities) within Collier County. Upon official notification that an incorporation referendum for any portion of the County has been successfuL the County will initiate contact with the new municipality for the purpose of establishing an expedient and efficient transition of responsibilities, services, and/or infrastructure to the new municipality. OBJECTIVE 1.4: [Deleted text, page 3] By JanHary 1, 1999, the County shall complete an evaluation of informal and formal coordination mechanisms bet'.veen the County, other units of local, regional, state, and federal government and any private entity which proyides an essential public seryice that affects Levels of Service and/or land use planning in the County. Poliey 1.4.1: [Deleted text, page 3] By Jaal:lary 1, 1998, the County shall establish the criteria to be used to complete an update of the evaluation of informal and formal coordination mechanisms between the County, other units of local, regional, state, aad federal government, and priyate entities '.vhich provide an ess~ntial public ser/ic~ that affects Levels of Service and/or land use planning in the County. Words underlined are added; words struck through are deleted. 6 Intergovernmental Coordination Element to BCC for Adoption 1-17-07 Policy 1.4.2: [Deleted text, page 3] By January 1, 1998, the County shall implement procedures and activities that '1Iill improve communications betv/een the County and other units of local, regional, state, and federal government, and private entities which provide an esseatial public service that affect Level of Service and/or land use plaflning. These procedures and actiyities will be based on data derived from the update of the evaluation of informal and formal coordination IRechanisms. EAR-leE to BCC for Adoption G: Comprehensive/EAR Amendment Modifications/BeC Adoption Draft kvl-dw/5-24-06 Words underlined are added; words ctruol< through are deleted. 7 ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan FUTURE LAND USE ELEMENT FUTURE LAND USE MAP AND MAP SERI ES Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAI RMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /I ~'1~ MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES 2 Future Land Use Element to BCC for Adoption 1-17-07 EXHIBIT U An Goal, Objectives and Policies Future Land Use Element (FLUE) GOAL: [No change to text, page 11] OBJECTIVE 1: [No change to text, page 11] Policy 1.1: [Revised text, page 11] A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. GoodlettelPiae Ridge Com.mercial Infill Subdistriot W9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict HI0. Henderson Creek Mixed-Use Subdistrict ~ll. Research and Technology Park Subdistrict H 12. Buckley Mixed-Use Subdistrict -1411. Commercial Mixed Use Subdistrict lj 14. Davis Boulevard/County Barn Road Mixed-Use Subdistrict 15. Livingston/Radio Road Commercial Infill Subdistrict 16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston RoadlEatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. LiviBgstonlRadio Road Com.mercial Infill Subdistriot W2. Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict II. Vaaderbik Beaeh Road Neighborhood Commereial Subdistriot 10. Goodlette/Pine Ridge Commercial Infill Subdistrict Words underlined are added; words stNck ttu9wgh are deleted. 1 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** *** *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 Policy 1.2: [No change to text, page 12] Policy 1.3: [No change to text, page 12] Policy 1.4: [No change to text, page 12] Policy 1.5: [No change to text, page 12] OBJECTIVE 2: [No change to text, page 12] Policy 2.1: [No change to text, page 12] Policy 2.2: [No change to text, page 12] Policy 2.3: [N 0 change to text, page 12.1] Policy 2.4: [Revised text, page 12.1] *** *** *** *** *** *** *** *** *** *** *** *** Developmeats '.vahia the South U.S. TCEA that obtaiR aR ex-eeptioR from OORcurreney requiremeRts for transportatioa, pursuant to the oertification prooess described in Transportation Element, Policy 5.€>, and that iBclude aff-ordable housiBg (as per Seotion 2.7.7 of the Collier COl:1nty LaBd De';elopment Code, as amended) as part: of their plan of de'/elopmeBt shall Ret be subject to the Traffic CORgestioR DeBsity Reduction as contaiBoo in the DeBsay Rating System of this Elemem. Developments 'llithiB the Nortlw:est aHd East Central TCMAs that meet the ret:tl:liremems of FLUE Policies 6.1 through 6.5, and Transportation Policies 5.7 and 5.8, and that iaclude affordable housiBg (as per SootioR 2.7.7 of the Collier County LaRd Developmeat Code, as ameRded) as part: of their plaB of developmem shall not be subject to the Traffic COBgestioa Density Reduetiofl, as contaiaed iR the Deasay Ratiag System of this ElemeAt. *** *** *** *** *** *** *** *** *** *** *** *** Policy 2.5: [No change to text, page 12.1] Policv 2.6 [New text] Traffic impacts generated by new development are regulated through the implementation of a 'checkbook' transportation concurrency management system.. which incorporates two Transportation Concurrency Management Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA). New developments within the TCMAs and the TCEA that commit to certain identified traffic management strategies shall reduce (the TCMAs) the traffic impact mitigation measures that would otherwise be applied to such developments. Words underlined are added; words stl1::Jck thF9l:Jgh are deleted. 2 *** *** *** *** *** -* *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 OBJECTIVE 3: [Revised text, page 13) Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes (F.S.), in order to ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: [Revised text, pages 13,14) Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process,,- ami These include the following provisions: a. The LDC contains Collier County SubdivisioR Code shall proyide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. b. The LDC contains provisions that Pl!rotect environmentally sensitive lands and provide for the retention of open space. This shall be has been accomplished.;. through the implementation of various zoning districts and zoning overlays that restrict higher intensity land uses in the Rural Fringe Mixed Use District through various LaRd Use Designations that restrict higher iRtensity land uses and. which require specific land development standards for the remaining allowable land uses; ami through the adoption of permanent Natural Resource Protection Area (NRP A) Overlays; tlfld integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier ComIty Land Development Code LDC, and~ in part~ through implementation of the Rural Lands Stewardship Overlay. This shaH has also been accomplished through the implementation of regulations such as minimum open space requirements. aad native vegetation preservation requirements, and/or through the creation of incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Designated Area. c. Drainage and stormwater management practices shall be regulated governed by the implementatioR of the South Florida Water Management District Surface Water Management regulations. d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1. 1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. Words underlined are added; words struck tt-lFOugh are deleted. 3 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** - *** Future Land Use Element to BCC for Adoption 1-17-07 e. Signage regulations in the LDC Regulate signage through the SigR Ordifl6nce, which shall provide for include frontage requirements for signs, require shared signs for smaller properties, contain definitions.. and establishment of include an amortization schedule for non-conforming signs. f. The safe and convenient flow of on-site traffic flew, as well as the design of vehicle parking areas needs shall be are addressed through the site design standards as .....ell as and site development plan requirements of the LDC. which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, and landscaping and buffering criteria. g. The LDC ~nsure~ the availability of suitable land for utility facilities, and other essential services necessary to support proposed development.. by providing fef-a Public Use Zoning District for the location of public facilities and other essential services in the Public Use Zoning District. and in other zoning districts via the Essential Services regulations. h. The LDC provides for the protection of historically significant properties shell be aceoffif)lished, iR part, through regulations that: provide for the adoption of the HistorielJ.\rehaeologiea.l Preservation Regulations ,,-,<,hieh include the creation of an Historic! Archaeological Preservation Board; provides for the identification of mapped areas of Hhistoric!~chaeological probability; requires completion of a survey and assessment of discovered sites; and.. provides a process for designation of sites, structures, buildings and properties as historically and/or archaeologically significant. 1. The mitigation of incompatible land uses within the area designated as the Naples Airport Noise ZOR0 Airport Noise Area on the Future Land Use Map shall be accomplished through~ implementation of regulations wffieh that require sound- proofing for all new residential structures built within the 65 LDN Contour as identified OR the Mure Land Use Map; recording of the legal descriptions of the noise contours boundary in the property records of the County~ and.. through. an the inter-local agreement with the Naples Airport Authority that requires te the County to notify the Naples Airport Authority of all development proposals located within 20,000 feet of the airport wfti.eh that exceed height standards established by the Federal Aviation Administration. J. Collier County shall not Ne issue development orders shall be isstled which that are inconsistent with the provisions of this Growth Management Plan. Some projects and properties may be inconsistent with densities and land use intensities established in the Future Land Use Designation Description Section of this Element, but these proiects and properties are have been found to be consistent with this Plan Element via consistency with one or more of Policies 5.9 through 5.13. Words underlined are added; words struck thmwgh are deleted. 4 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** *** *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 Policy 3.2: [Revised text, page 14] The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91 102 04-41. as amended). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff into a single organizational unit and through streamlining procedures of the review process. OBJECTIVE 4: [No change to text, page 14] Policy 4.1: [Revised text, page 14] A detailed Master Plan for the Golden Gate Estates Area has been developed and was incorporated into this Growth Management Plan in February 1991. Subsequent major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. and in 2002 and 2004 principally based upon recommendations of the Golden Gate Area Master Plan Restudy Committee. The Golden Gate Area Master Plan encompasses Golden Gate Estates subdivision. Golden Gate City. and the Rural Settlement Area formerly known as North Golden Gate. The Master Plan addresses Nnatural Rresources, :Ffuture -bland Y!!se, preservation of the Estates' rural character. Water MaaagemeRt, transportation improvements. other Pp,ublic :Ffacilities~ and the provision of emergency services other COHsideratioRs. Policy 4.2: [Revised text, page 15] A detailed Master Plan for the Immokalee Urban designated area has been developed and was incorporated into this Growth Management Plan in February, 1991. Major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. The Immokalee Area Master Plan addresses Natural R-esourees conservation, :Ffuture bland Y!!se, population. recreation. transportation Public Facilities, Hhousing, Urban DesigR, and the local economy LaRa De'/elopmeRt R-egulatioas and other cOHsiderations. Major purposes of the Master Plan shall be are coordination of land use~ and transportation planning, redevelopment or renewal of blighted areas~ and elimiaation of laRa uses inconsistent 'llith the coJBftIt:lRity's character the promotion of economic development. Policy 4.3: [Revised text, page 15] A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Marco Island Master Plan addresseg,s Pp,opulation, Pp,ublic :Ffacilities, :Ffuture -bland Y!!se, Y!!rban 9Qesign, bland 9Qevelopment Rregulations~ and other considerations. However. all lands that were encompassed by the Master Plan are now within the City of Marco Island and are subject to its comprehensive plan and land development regulations. Accordingly. the Marco Island Master Plan has been deleted from the Collier County Growth Management Plan. Words underlined are added; words struck tRF91:1gh are deleted. 5 *** *** *** *** *** *** *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***** *** Future Land Use Element to BCC for Adoption 1.17-07 Policy 4.4: [Revised text, page 15) Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. These Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the follo'.'iing road eorridors: Goodlette- Frank Road south of Pine Ridge Road, and for Golden Gate Parkway from US 41 to Santa Barbara Boulevard. The Corridor Management (zoning) Overlay has been adopted into the Land Development Code: it imposes additional development standards and limitations upon properties located along these two road segments. Future Corridor Management Plans may be prepared jointly with the City of Naples as directed by the Board of County Commissioners. The geaIs objectives for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport-Pulling Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport-Pulling Road. Policy 4.5: [Revised text, page 15) An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Sstudy includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. YJ*m Subsequent to completion of the Economic Plaft Element of this Growth Management Plan. adopted in December 2003, staff shall prepare an update to the Industrial Land Use Study a study ';;i1l be uadertakeR to ideRtify the Reed for additioRaI IRdustrially desigRatea land v/ithiR the Coastal UrbaR L\rea. Policy 4.6: [Revised text, pages 15,16) Access Management Plan proVIsIons have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map have eeeR dey/eloped and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution #01- 247, adopted June 26,2001). Words underlined are added; words struck UIFol:lgh are deleted. 6 *** *** *** *** *** -* *** - - *** Indicates break in text - - - - - -* -* *** -- *** Future Land Use Element to BCC for Adoption 1-17-07 c. Access points and turning movements shall be located and designed to minimize interference with the operation of existing and planned interchanges and intersections. d. Developers of blots, parcels, and subdivisions, wh.ich are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure compliance with that the above-mentioned standards (a. - c.) are oomplied '.\'ith. Policy 4.7: [Revised text, page 16] The Board of County Commissioners may consider whether to adopt Rredevelopment PRlans for existing commercial and residential areas may be cORsidered by the Board of CouRty Commissioaers. These Such plans may oORsider include alternative land use~ pltms, modifications to development standards, and incentives that may be necessary to encourage redevelopment. The BayshoreiGateway Triangle Redevelopment Plan was adopted by the Board on March 14, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East. Davis Boulevard and Airport-pullin~ Roa~. For pf{)pertie~ that have beeR r;vie'.ved under tbe Zoning ReevaluatioR ~~ ::~: to the density and inteasity of use permitted may be OORsidered, in ~rder to encourage red0'.'elopmeRt iR these areas. Some of the Other specific areas that may be considered by the Board of County Commissioners for redevelopment include.. but are not necessarily limited to: a. Pine Ridge Road, between U.S. 41 North and Goodlette-Frank Road; b. Baysoore Drive betweeR U.S. 41 East aRd Thomasson Drive; c. U.S. 41 East bet\....eeR Davis Boulevard aDd Airport PulliBg Road; d. Dayis Beuleyard bet'NeeR U.S. 41 East ami L'\.irpert Pulling Road; eh. U.S. 41 North in Naples Park; and, f c.R. 951 bet'. veeR Greea Boule'lard and Gelden Gate Parl{\vay; and gg. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. Policy 4.8: [Revised text, page 16] Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the fi';e years of the annually updated Capital Improvement Plan, on a continuously rolling basis, '.:'o'eighted population projections shall be calculated for all public facilities except potable water and sanitary sewer using BEBR's high medium range growth rate. Population definitions are Words underlined are added; words stfl:lGk tRF9l::1gh are deleted. 7 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** -* *** *** -- *** Future Land Use Element to BCC for Adoption 1-17-07 ~rovided in polic~ 1.2 of the Capital Improvement Element. ; tllcr<l&fter, projeetio... .....1 e oaleulated bas d UpOR 95% of the BEBR high r&fige gro'1Jth rate. For potable water and sltRitary se'uer faoilities, the peak population shall be oaloulated, based 1:lpOR the BEBR high nmge growth rate populatioR projectioBs through the first ten years, on a oORtiAHously rolling basis; thereafter, pmjections shall be oalEi\:llated based upon the ayerage of the medium aRd high range grO':vth rate population projeotioRs. Policy 4.9: (Revised text, page 16] Prepare Pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22. 1999, a Rural and Agricultural Area Assessment was prepared between 1999 and 2002. , or &fiY phase thereof, and adopt plaR amendmeRts Reoessary to implement the Based upon the findings and results of the Assessment, amendments to this comprehensive plan were adopted in 2002. including establishment of the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. or an-y phase ther:Of, pursuant to the FiRat Order (AC 99 002) issued by the L\dministration CommissioR OR juRe 22, 1999. The geographie seope of the assessment area, public p;;ici;ation procedures, interim developmeRt provisions, aRd the designatioR of Natural Resource PreteetioR Areas on the Ftit\:lre Land Use M&J> are desoribed in detail in the lA"griEi\:llturallRurat Designation Description SectioR. Policy 4.10: (Revised text, page 17] Public participation and input was shall be a primary feature and goal of the Rural and Agricultural Assessment. plaRniRg aRa assessment effort. Representatives of state and regional agencies shall be iR-';ited to participated in, and assisted in.. the &Assessment. The COURty shall ensure During the three-year Assessment and subsequent comprehensive plan amendment process, community input through eaoh phase of the Assessment 'IAiioh may iRol\:lde was provided through workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Council Committee and the Collier County Planning Commission in eaoh phase of the Assessment. OBJECTIVE 5: (No change to text, page 17] Policy 5.1: [Revised text, page 17] All rezonings must be consistent with this Growth Management Plan. Property zORed prior to aaoptioR of the Plan Oaituary 10, 1989) &fid foURd to be oORsistent thr~~h :~~ Zoniag Re e';all:lation Prog&m are eORsisteRt ..lith the Growth M&fiagemeRt Pl&fi and =~d 0" the. F\lltlre Laftd Uoe Map oeric. ~ Prepet1ie. Co..oioletll by Poliey. I ehanges ",.'/IH be permuted to these propertIes, aRd to other propertIes deemed oORsisteRt v;ith this Future Lftfl:d Use Element via Policies 5.9 through 5.12, pmvided the amount of oommeroial laBd use, iBdustrialland I:lse, permitted number of d-v\'elling URitS, aR<i the overall iRtensity of de'ielopmeRt aHo'Ned by the new zomag district, t*oept as allowed by Polioy 5.11, are Bot inereased. Hov.'ever, for these properties &J>proyed for Words under1ined are added; words struck tt:lrel:lgh are deleted. 8 ............... -* ***... *** *** Indicates break in text...... *** ***... -* ***... ***_... Future Land Use Element to BCC for Adoption 1-17-07 commercial aRd resideRtial uses, an iRoceese iR tlie HumBer of dv.<elliRg URitS may be permitted if accom.panied By a reduetioH in oommeroial area sueh that the overall inteRstty of de'/elopm.ent allowed ey tlie A0V\.' zOfliRg distriet is flot iHoreased. Furtlier, thougli an iRorease in overall inteRsity may result, for tliese properties approved for oommeroial uses, resideRtial units may be added as provided for in the Commereial Mixed Use Subdistrict. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element. as provided for in Policies 5.9 through 5.14, the following provisions apply: a. For such commercially-zoned properties. zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. and provided the overall intensity of commercial land use allowed by the existing zoning district. except as allowed by Policy 5.11. is not exceeded in the new zoning district. The foregoing notwithstanding. such commercial properties may be approved for the addition of residential uses. in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element. b. For such industrially-zoned properties. zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial. or commercial. zoning district as the existing zoning district. and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties. zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.14. said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project. as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict. as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. Policy 5.2: [Revised text, page 17] All applications and petitions for proposed development shall be consistent with this Growth Management Plan. as determined by r0'lie""/ed for eORsistcRcy '.vita the Words underlined are added; words struck tllf9UQh are deleted. 9 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** -- *** Future Land Use Element to BCC for Adoption 1-17--07 CompreheBsive PIe ami those fetmd to be iReoBsisteRt \vith the Pla-R by the Board of County Commissioners shall Rot be permitted. Policy 5.3: [No change to text, page 17] Policy 5.4: [Revised text, page 17] New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in subject: to meeting the eompatibility eriteria of the Land Development Code (Ordinance 91 102 04-41, adopted June 22. 2004 and October 30, 1991 effective October 18.2004, as amended). Policy 5.5: [Revised text, page 18] Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (Onmgetree PUD formerly known as North Golden Gate), and the Rural Fringe Mixed Use District.. before servicing new areas. Policy 5.6: [No change to text, page 18] Policy 5.7: [No change to text, page 18] Policy 5.8: [Revised text, page 18] Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be allowed permitted within the Urban Qgesignated A!P'ea, and may be allowed in other future land use designations. subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04-41 91 102, adopted June 22, 2004 and effective October 18. 2004 30, 1991) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.9: [Revised text, page 18] Former Policy 3.1k. of the Future Land Use Element provided for the establishment of a Zoning Reevaluation Program to evaluate properties whose zoning did not conform with the Future Land Use Designation Description Section of the Future Land Use Element. This Program was implemented through the Zoning Reevaluation Ordinance No. 90-23. Where such properties were determined. through implementation of that Ordinance. to be "improved property". as defined in that Ordinance. the zoning on said properties pro;erties '';hieh do not OOBform to the Future L8.Bd Use Element but are improved, as determined through the Zoning Re evaluatioR Progr&m deseribed in f<>rmer Policy 3.1 K Words underlined are added; words strl:lQk tRrewgh are deleted. 10 *** *** *** *** *** -* *** *** *** -*lndlcates break in text ... *** *** *** *** -* *** *** ***- ... Future Land Use Element to BCC for Adoption 1-17.07 Md implemeated through. the Zoniag Reevaklatiofl OrdiBaRee No. 90 23, shall be deemed consistent with the Future Land Use Element and those properties have been identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: [Revised text, page 18) The zoning on PQropertyies for which an exemptions has been granted based on vested rights, dedications, or compatibility determinations, and the zoning on propertyies for which a compatibility exceptions haYe has been granted, both as provided for in the Zoning Re-evaluation Program established pursuant to former Policy 3. lK and implemented through the Zoning Reevaluation Ordinance No. 90-23, and as identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. Such property These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Additionally, the Copeland. Plantation Island and Chokoloskee Urban areas were exempted from the Zoning Re-evaluation Ordinance. Existing zoning on properties within these communities shall also be considered consistent with the Future Land Use Element. Policy 5.11: [Revised text, page 19) Properties whose zoning has been determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.12: [Revised text, page 18) The zoning on Pllroperties rezoned under the former Industrial Under Criteria provision, or pursuant to with the former provision contained in the former Urban-Industrial District that whieh allowed expansion of industrial uses adjeeeBt to abutting lands designated or zoned Industrial. both pro':ision as adopted in Ordinance 89-05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.13: [Revised text, page 19) The followiBg properties identified by in Ordinance # Numbers 98-82;.. 98-91;.. 98-94;.. 99-02;.. 99-11;.. 99-19;.. 99-33;.. and, 2000-20;-.. were previously located in Activity Centers # No.1, 2, 6, 8, 11 &; and 18, and were rezoned pursuant to those previous the Activity Centers boundaries desigftftteti iR the 1989 Compr-ekeasive PIeR, as amended. Ordinance No. 2000-27. adopted May 9,2000. modified those Activity Center boundaries to exclude Words underlined are added; words stfysk Ulf9ygn are deleted. 11 -. -. -. -. *** -* *** *** *** -* Indicates break in text *** -. -. -. *** -* -. -. ***** *** Future Land Use Element to BCC for Adoption 1-17-D7 those +ftese properties.:. were rezoRed dtlriRg the interim period bet\'1eeR the adoption of the Future LaRd Use Elemeftt iR October, 1997 v.bicn vias not effective due to the notice of iftteftt fiadiRg the Fattlre LaRd Use ElcmeR! 80t "iR compliance". DCA's issuaRce of a final Order, on July 22, 2003, brought the ElemeRt iato compliance. The zoning on +lhose properties, idemified hereia, 'limen have modified the bOI:lRdaries of tAe 1997 Activity CeRters are shall be deemed consistent with the Future Land Use Element. Policv 5.14: [New Policy] The zoning on properties that were rezoned pursuant to the former density bonus for Proximity to Mixed Use Activity Center or Interchange Activity Center (also known as residential density bands). or Residential InfilL or Roadway Access. shall be deemed consistent with the Future Land Use Element. The zoning on properties located within the Coastal High Hazard Area that were rezoned to a density in excess of four dwelling units per acre. pursuant to a former density bonus provision or via former Policy 5. L shall be deemed consistent with the Future Land Use Element. Policy Y4 ~: [Renumber, pages 19, 19.1 and 19.2] OBJECTIVE 6: [No change to text, page 19.2] Policy 6.1: [No change to text, page 19.2] Policy 6.2: (No change to text, pages 19.2, 19.3] Policy 6.3: (Revised text, page 19.3] In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjaoeat abutting commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent abutting commercial properties. Policy 6.4: (No change to text, page 19.3] Policy 6.5: (No change to text, page 19.3] OBJECTIVE 7: [No change to text, page 19.3] Words underlined are added; words struGk t1u9ygh are deleted. 12 ... ...... ... *** *** ... *** *** -* Indicates break in text ***... ... *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 Policy 7.1: [No change to text, page 19.4] Policy 7.2: [No change to text, page 19.4] Policy 7.3: [No change to text, page 19.4] Policy 7.4: [No change to text, page 19.4] Policy 7.5: (Revised text, page 19.4] The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or adjaeeRt to abutting commercial development. This policy shall be implemented through provisions in specific subdistricts in this Growth Management Plan. Policy 7.6: [No change to text, page 19.4] Policy 7.7: [No change to text, page 19.4] FUTURE LAND USE DESIGNATION DESCRIPTION SECTION No change to text, page 20] I. URBAN DE SIGNA TION (Revised text, pages 20,21] Urban I)gesignated A!P'eas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban I)gesignated A!P'eas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Nirea will accommodate residential uses and a variety of non-residential uses. The Urban I)gesignated A!P'ea, which includes Immokalee, Copeland. Plantation Island. Chokoloskee. Port of the Islands, and Goodland Marco Island, in addition to the greater Naples area.. represents less than 10% of Collier County's land area. The boundaries of the Urban I)gesignated A!P'eas have been established based on several factors, including: patterns of existing development~ patterns of approved, but unbuilt, development~ natural resources~ water management~ hurricane risk~ existing and proposed public facilities~ population projections and the land needed to accommodate the projected population growth. Urban I)gesignated A!P'eas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, ftfKl Subdistricts and Overlays that follow, except as allowed by certain policies under Obiective 5. b. Non-residential uses including: Words underlined are added; words struck tt:n:ough are deleted. 13 *** *** *** *** *** *** *** *** *** -* Indicates break in text ... ... ... ... ... -* ... *** *-- *** Future Land Use Element to BCC for Adoption 1-17-07 *** *** *** *** *** *** *** *** *** *** *** *** 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR-SP-93-01), May 1995); *** *** *** *** *** *** *** *** *** *** *** *** 5. Community facilities such as churches~ group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; *** *** *** *** *** *** *** *** *** *** *** *** 11. Support medical facilities: such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies: provided the dominant use is medical related and the site is located within 1f4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are ~ concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pinc Ridge Com.mercial IRfill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Davis Boulevard/County Barn Road Mixed-Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict Vanderbilt Beach Road Neighborhood Commercial Subdistrict: and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston RoadJEatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston/Radio Road Com.mercial Infill Subdistrict, Livingston Road/V eterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial S\:lbdistrict~ ;aad in the Bayshore/Gateway Triangle Redevelopment Overlay: and, as allowed by certain FLUE policies. *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words stll:lck U1F9l:Jgt:'t are deleted. 14 *** *** *** *** *** -* - - *** - Indicates break in text *** *** *** - - -* - - -- - Future Land Use Element to BCC for Adoption 1.17-07 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban Mixed Use District:, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 15. Hotels/motels as may be allowed in various Subdistricts and Overlays. and by certain FLUE Policies, eoasisteAt by Polioy 5.9, 5.10, af1d 5.11, or as permitted in the Imm.okalee Area, GoldeR Gate Area af1d Marco IslaRd Master Plaas, aad as permitted iR the Bayshore/Gateway Triangle Rede'lelopment Overlay. *** *** *** *** *** *** *** *** *** *** *** *** A. Urban - Mixed Use District: in 3rd paragraph, page 22] [Revised text, remove hyphen in title and 3rd paragraph Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict: [No change to text, page 22.1] ~ ~. Urban Coastal Fringe Subdistrict: page 23] [Renumbered, Revised text, The purpose of this Subdistrict is to provide transitional densities between the Conservation Bgesignated ~ea (primarily located to the south of the Subdistrict) and the remainder of the Urban Bgesignated Awea (primarily located to the north of the Subdistrict). It The Subdistrict comprises those Urban iRcludes that area~ south of US 41... betvleeR generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South. Range 26 East. Collier SemiRole State Park, iRcludiag Marco Island and comprises approximately 18,000 11.354 acres and +S% 10% of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Bgesignated ~ea, residential densities within the Subdistrict shall be limited to not exceed a maximum of 4 dwelling units per acre, except as allowed in Q.y certain FLUE Policies under Objective 5 the Density Rating System to eKceed 4 units per aere through provisioR of fJTor-dable HONsiag aRa Traf1srer ofD8"/elopment Rights, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Words underlined are added; words struck thr-ol:lgh are deleted. ... ... ... ... ... -* ... ... ... -* Indicates break in text ... ... ... ... ... -* ... ... -- ... 15 Future Land Use Element to BCC for Adoption 1-17-07 Rezones are recommended to be in the form ofa Planned Unit Development. The Marco Island Master PlaR shall pro';ide f-or density, intensity, sitiRg criteria and specific staBaards for laRd use distriets eR60mpassed by the Maroo Island Master FlaB but outside the incorporated area ofMai'eo Island. ~~. Urban Residential Fringe Subdistrict: [Renumbered, Revised text, pages 23, 23.1, and 23.2] The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable-workforce housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section H-:+ 2.06.00 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided in c. below, but are subject to the following conditions: *** *** *** *** *** *** *** *** *** *** *** *** c. Properties eligible for the Affordable-workforce Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section H-:+ 2.06.00 of the Land Development Code, except that, Section 2.7.7.3 2.06.03 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HOD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable-workforce Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. *** *** *** *** *** *** *** *** *** *** *** *** 4 ~. PUD Neighborhood Village Center Subdistrict: [Renumbered, Revised text, page 23.2) The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents ofa Planned Unit Development (PUD) zoning district. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small scale retail, offices, and service facilities exceed 15 acres. These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing Words underlined are added; words struck tRFOygR are deleted. 16 .... .... .... .... .... -. ... ... ... -. Indicates break in text ... ... ... ... ... -* ... ... ...- ... ",.,_11' _ Future Land Use Element to BCC for Adoption 1-17-07 of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code has been shall be amended withiR oae (1) year to provide standards and principles regulating access, location and ef integration of the Village Center within the PUD of the Village Ceater, allowed uses, floor area ratio. and square f-ootage and/or acreage thresholds. s ~. Business Park Subdistrict: [Renumbered text, pages 24, 25) , ~. Office and In-fill Commercial Subdistrict: [Renumbered, hyphen from title, revised text, pages 25, 25.1) Remove The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-1 through C-5 zoning districts and commercial components ofPUDs. *** *** *** *** *** *** *** *** *** *** *** *** f The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case:by:case basis. *** *** *** *** *** *** *** *** *** *** *** *** 1. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban-Mixed Use District or in the Urban-Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. *** *** *** *** *** *** *** *** *** *** *** *** q. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban-Mixed Use District is 250 acres. 7. Residential Mixed Use Neighborhood Subdistrict: 25.1,25.2) [Revised text, pages *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words stNck through are deleted. 17 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** *** *** *** ***- *** Future land Use Element to BCC for Adoption 1,17-07 k. The project shall provide street, pedestrian pathway and bike lane interconnections with adjaoent abutting properties, where possible and practicable. *** *** *** *** *** *** *** *** *** *** *** *** m. The commercial component of the project shall be internally located with no direct access to adjacent abutting external roadways, or the commercial component shall have frontage on a road classified as an arterial or collector in the Transportation Element. *** *** *** *** *** *** *** *** *** *** *** *** o. For projects located along an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent abutting arterial or collector roadway. 8. Orange Blossom Mixed -Use Subdistrict: [Remove hyphen from title, revised text, page 26] The intent of this Subdistrict is to allow for limited small-scale retail, office and residential uses while requiring that the project result in a true mixed-use development. The Activity Centers to the Nnorth and &~uth provide for large-scale commercial uses, while this Ssubdistrict will promote small::scale mixed-use development with a pedestrian orientation to serve the homes.. both existing and future.. in the immediate area. This Subdistrict is intended to be a prototype for future mixed-use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small- scale commercial services. Commercial uses.. for the purpose of this section.. are limited to those uses allowed in the C-l, C-2 and C-3 zoning districts in the Land Development Code in effect as of the date of adoption of this Subdistrict (May 9, 2000). except as noted below. The development of this Ssubdistrict will be governed by the following criteria: *** *** *** *** *** *** *** *** *** *** *** *** b. A unified planned development with a common architectural theme.. which has shared parking and cross access agreements, will be developed. *** *** *** *** *** *** *** *** *** *** *** *** h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport-Pulling Road and Orange Blossom Read Drive will provide secondary accesses facing those streets. *** *** *** *** *** *** *** *** *** *** *** *** J. A residential component equal to at least 25% of the allowable maximum base density under the density rating system must be constructed before the Ssubdistrict completes an aggregate total of 40,000 square feet of retail ef or office uses. k. Residential units may be located both on the Nnorth and &~outh side~ of Orange Blossom Drive. *** *** *** *** *** *** *** *** *** *** *** *** o. No building shall exceed three ill stories in height: with. no aUowaRce for any under building parking provided shall count towards this height limit. Words underlined are added; words struck thr-9l::1gtt are deleted. 18 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** *** *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 p. Drive-through establishments, which must be architecturally integrated into the main building, will be limited to banks with no more than 3 lanes architecturally iategrated into the maia buildiRg. *** *** *** *** *** *** *** *** *** *** *** *** s. Twenty::foot wide landscape Type D buffers along Orange Blossom Drive and Airport-Pulling Road and a ~ twenty-foot wide Type C buffer along all other perimeter property lines will be required. t. Parking areas will be screened from Airport-Pulling Road and Orange Blossom Drive.:. ;- u. The Office and Infill Commercial Subdistrict provision is not applicable to any properties adjacent to this Subdistrict. 9. CaadlettelPioe Ridge Cammereial IoAlI Subdistriet: (Relocated text, page 27] This S\:lbdistriet eORsists of 31 &eres aOO is loeated at the northeast quadraat of two major arterial roadv;ays, Pine Ridge Road and Goodlette Fraak Road. In additioR to uses allowed iR the Plan, the inteRt of the GoodlettefPine Ridge Commereial lRfill Subdistriet is to provide shoppiag, persoftal serviees aRd employmeftt for the surr-otmding residential areas within a convenieRt trayel tiistance. The subdistrict is inteaded to be compatible with the Reighboriag PiRe Ridge Middle School and nearby residential development and therefore, effil3hasis will be placed on oommOR buildiRg architeeture, signage, laOOseape design and site aecessibility for pedestrians aRd bicyclists, as well as motor vehicles. foX)eess te the GoodlettelPiRe Ridge Commercial Infill Subdistrict may featl:lre a traffic sigaalized &ecess poiat OR Goodlette Frank Road, ':Aiien may proviae for aceess to the neighboriag PiRe Ridge Middle School. Other site &ecess 10catioRs ....yilt be desigaed eonsisteftt '.vith the Collier County aceess maRagement criteria. De'/elopment iRteRsity '.vithiR the district will be limited te siagle story retail commereial uses, '.vhile prof-essioRal or medical related offiees, iRcluding fiRaneial institutiofts, may oceur iR three story buildiRgs. A maximum of275,000 square feet of gross leasable area for retail commereial aRd office and financial institutioR de'lelopment may oeeur ,;.tithin this S\:lbdistriet. Retail c0mmereial uses shall be limited to a maximum of 125,000 sqtlare feet of gross leasable area on the south +/ 23 aeres. No individual retail teRant may 4.*ceed 65,000 sqtlare feet of gr-oss leasaale area. Unless otherwise r-equired by the South Florida 'Vater Management Distriet, the .87 +/ acre wetlaBd area located OR the northeastern portion of the site wilt be preserved. t02. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict: (Renumbered text, revised text, pages 27, 28] *** *** *** *** *** *** *** *** *** *** *** *** Retail uses shall be limited to single-story. Financial services and offices shall be limited to three stories. A combination of these uses in a single building financial services and/or offices over retail uses - shall be limited to three stories. Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three stories. All Words underlined are added; words stNsk tRF9l:1gh are deleted. 19 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** -* *** *** ***** *** Future Land Use Element to see for Adoption 1-17-07 principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each project or yet to be established PUD District shall be required to have common site, signage and building architectural elements. Each project or PUD District shall provide for both pedestrian and vehicular interconnections with adjacent abutting properties. HIO. Henderson Creek Mixed-Use Subdistrict: [Renumbered, remove hyphen from title, revised text, pages 28, 29] The Henderson Creek Mixed-Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail.. East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development~ , the regional commercial uses are intended to serve the South Naples, and Royal Fakapalm Planning Communities. and the Marco Island areas. Conversely. the +he primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples, and Royal Fakapalm Planning Communities. and the Marco Island areas. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. For purposes of this Subdistrict, the term "regional commercial" is defined as: Retail uses typically dominated by large anchors, including discount department stores, off-price stores, warehouse clubs, and the like, some of which offer a large selection in a particular merchandise category. Regional retail uses also typically utilize square footages ranging from 20,000 to over 100,000 square feet. Regional commercial uses generally have a primary trade area of 5 to 10 radial miles, with a typical store separation of 5 radial miles for any individual regional commercial business. Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict are as follows: ~ a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and U.S. 41. These access points shall be cOlHlCeted by a loop road that is opea to the public. A loop road that is open to the public shall connect these access points. . b. Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. . c. The unified plan of development within the Subdistrict shall include provisions for vehicular and pedestrian interconnection to properties to the north. . d. Commercial components of this Subdistrict shall front on Collier Boulevard. . e. Commercial uses are limited to a maximum of 40 acres and 325,000 square feet of gross leasable floor area. . L. The maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District. Words underlined are added; words stlllsk tlUQl:Igt:l are deleted. 20 ... ... ... ... ... *** ... ... ... -* Indicates break in text ... ... ... ... *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 . g" At least one regional commercial use is required to occupy a minimum of 100,000 square feet of gross leasable floor area. Each remaining regional commercial use must occupy a minimum of 20,000 square feet of gross leasable floor area. . h. Non-regional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, and personal service uses. . L Non-regional commercial uses are limited to a maximum of 10% of the total allowed commercial square footage (32,500 square feet). . i A maximum of four out-parcels are allowed, all of which must abut Collier Boulevard. All out-parcels shall provide internal vehicular access. All out-parcels are limited to nonregional commercial uses. No out-parcel shall exceed five acres. . k. Commercial development shall be restricted to one-story buildings with a maximum height of 35 feet. . L Residential development shall be limited to a maximum of 360 dwelling units, subject to the Density Rating System. However, a minimum of 200 affordable:. workforce housing units shall be provided. . m. Residential dwellings shall be limited to a maximum height of two habitable stories. . n. Both commercial and residential development shall be designed in a common architectural theme. . o. Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. . It. The type of landscape buffers within this Subdistrict shall be no less than that required in mixed:.use activity centers. ~11. Research and Technology Park Subdistrict: text, pages 29,30,31] [Renumbered text, revised The Research and Technology Park Subdistrict .., ... and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 200..10 of the total acreage for affordable-workforce housing, except as provided in paragraph j below. Similarly, ... ... demonstrate compliance with this requirement. *** *** *** *** *** *** *** *** *** *** *** *** 1. When located in a District other than the Urban Industrial District, the Research and Technology Park must be abutting adjaeeat to, and have direct principal access to.. a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. l Research and Technology Parks shall only be allowed ROt be loeated on land abutting residentially zoned property, ualess if the Park provides affordable- Words underlined are added; words struGk UU-Ql::Igtl are deleted. 21 - - *** - - -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** -- *** Future Land Use Element to BCC for Adoption 1-17-07 workforce housing. When abutting residentially zoned land, up to 400,10 of the Park's total acreage may be devoted to affordable-workforce housing~ aftEi all.. or a portion.. of the affordable-workforce housing is encouraged to be located proximate to abut such abutting adjacent land where feasible. k. Whenever affordable-workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. 1. Whenever affordable-workforce housing (affordable housiBg) is provided, it is allowed at a density consistent with the Density Rating System. *** *** *** *** *** *** *** *** *** *** *** *** t-i12. Buckley Mixed Use Subdistrict: [Renumbered text, pages 31, 31.1] 1315. Livine:ston/Radio Road Commercial Iofill Subdistrict: [Renumbered, relocated, revised text, after page 31.1] This Subdistrict consists of + 5.0 acres located at the northwest corner of the intersection of Livingston Road and Radio Road. This Subdistrict allows for those permitted and conditional uses set forth in the Commercial Intermediate Zoning District (C-3) of the Collier County Land Development Code, in effect as of the effective date of adoption of this Subdistrict. (adopted October 26, 2004 by Ordinance No. 2004-71). The following conditional uses, as set forth in the C-3 district in the Land Development Code, shall not be allowed: 1. Amusements and recreation services (Groups 7911. 7922 community theaters only. 7933. 7993. 7999 boat rental. miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only.) 2. Homeless shelters, as defined by the Land Development Code. as amended. 3. Social Services (Groups 8322-8399). 4. Soup kitchens. as defined by the Land Development Code. as amended. To encourage mixed-use projects. this Subdistrict also permits residential development. when located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre. The gross acreage of the proiect is used in calculating residential density. The purpose of this Subdistrict is to provide services. including retail uses, to surrounding residential areas within a convenient travel distance to the subject property. These uses are not an entitlement. nor is the maximum density for residential uses in a mixed-use building. Such uses. and residential density. will be further evaluated at the time of the rezoning application to insure appropriateness in relation to surrounding properties. Words underlined are added; words stl\lck tl:m>l:.Igh are deleted. 22 *** *** *** *** *** *** *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 The maximum development intensity allowed is 50.000 square feet of building area for commercial uses with a maximum height of three (3) stories, not to exceed 35 feet. However. for mixed-use buildings - those containing residential uses over commercial uses - the maximum height is four (4) stories. not to exceed 45 feet. Access to the property within the Subdistrict may be permitted from Radio Road, Market Avenue and Livingston Road. Any access to Livingston Road shall be limited to right-in. right-out access. Further. access shall be consistent with the Collier County Access Management Policy in effect at the time of either rezoning or Site Development Plan application. whichever policy is the more restrictive. 1413. Commercial Mixed Use Subdistrict: 31.1 ] [Renumbered, Revised text, page The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a human pedestrian-scale, pedestrian oriented, and interconnected with adjacent abutting projects- whether commercial or residential. This' Stledistriet is allowed iR the Urban Mixed Use District subject to the staBdards aRd oriteria set forth uRder the Commercial Mixed Use Subdistriet iR the UrbaR Commereial District. Within one year of the effective date of regulation establishing this Subdistrict. the Land Development Code shall be amended. as necessary. to implement the provisions of this Subdistrict. Protects utilizing this Subdistrict shall comply with the following standards and criteria: 1. This Subdistrict is applicable to the C-l through C-3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C-l through C-3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subtect property. 3. Residential density is calculated based upon the gross commercial protect acreage. For property in the Urban Residential Fringe Subdistrict. density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict. but within the Coastal High Hazard Area. density shall be limited to four dwelling units per acre: density in excess of three dwelling units per acre must be comprised of affordable-workforce housing in accordance with Section 2.06.00 of the Land Development Code. Ordinance No. 04-41. as amended. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area. density shall be limited to sixteen dwelling units per acre: density in excess of three dwelling units per acre and up to eleven dwelling units per acre must be comprised of affordable-workforce Words underlined are added; words struck through are deleted. 23 ...... ......... -* ......... -* Indicates break in text ... ... ... ... ... -* ... ......- ... Future Land Use Element to BCC for Adoption 1-17-07 housing in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41. as amended. 4. In the case of residential uses located within a building attached to a commercial building. or in the case of a freestanding residential building. building square footage and acreage devoted to residential uses shall not exceed seventy percent (70%) of the gross building square footage and acreage of the proiect. S. Street pedestrian pathway and bike lane interconnections with abutting properties. where possible and practicable. are encouraged. 16 14. Davis Boulevard/County Barn Road Mixed Use Subdistrict [Renumbered, Revised text, pages 31.1, 31.2, 31.3] *** *** *** *** *** *** *** *** *** *** *** *** 11. A minimum of 91 residential units shall be developed in the Subdistrict (this reflects the Density Rating System's base density of four dwelling units per acre, applied to the total site acreage). For the project's total density - whether it is the minimum of91 dwelling units, or a greater amount as allowed by the Density Rating System density bonus provisions and approved via rezoning - a minimum of ten percent (10%) must be affordable-workforce housing units provided for those earning less than or equal to 80% of the median household income for Collier County and another minimum often percent (10%) must be affordable-workforce housing units provided for those earning greater than 80%. but no greater than 100%. of the median household income for Collier County. B. DENSITY RATING SYSTEM: [Revised text, page 36, 37, 37.1,38] This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban-Mixed Use District , and. on a very limited basis. Agricultural/Rural. as ideAtified OR the Future Land Use Mat>, and those properties s;;eifieally identified withia the UebaR ResideAtial FriRge Subdistrict, which are eligible to at>ply for aR f..ffordable Housing Density Bonus and exolusive of It is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan, and the Golden Gate Area Master Plan, and Marco Island Master Plan; these two Elements have their own density provisions. and, L\grieulturallRural, as provided for ia the Rural Lands Stewardship L\rea Overlay for the Aff-ordable Housing DeRsity Bonus only. The Density Rating System is applicable to that portion of the Urban Coastal FriRge Subdistrict Mixed Use District located seaward of the Coastal High Hazard Area (CHHA) Boundary only to the extent that the residential density cap of 4 dwelling units per acre is not exceeded.. except for the density bOfWS pro',isions for Affordable H-ousiag aRd Transfer of De"lelopmeftt Rights, and exeept as provides for in the Ba-yshore/Gate".vay Triangle Resevelopment Overla-y. The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). Words underlined are added; words stn:lGk U'1I:gygh are deleted. 24 ... ... ... ...... -* ... ... ...... Indicates break in text ......... *** ... -* ***... ...-... Future Land Use Element to BCC for Adoption 1-17-07 1. The Density Ratin2 System is aoolied in the followin2 manner: a. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre may be is permitted allowed, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of: the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict; and, mixed residential and commercial uses as provided for in the C-l through C-3 zoning districts in the Collier County Land Development Codc, via cORditioRal use; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. b. Within the Urban Residential Fringe Subdistrict, the Density Rating System is applicable for the Affordable-workforce Housing Density Bonus only. as specifically provided for in that Subdistrict. c. Within the Rural Lands Stewardship Area Overlay (RLSA), the Density Rating System is applicable for the Affordable-workforce Housing Density Bonus only. as specifically provided for in the RLSA for Stewardship Receiving Areas. LThis Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings or accessory structures that are not intended and/or not designed for permanent occupancy, and is not applicable to accessory dwellings or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, servants quarters, mother-in-Iaw's quarters, cabanas, guest suites, and the like. e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: .. D Policy 5.1 of the Future Land Use Element; .:. .. 21 The Urban-Mixed Use District for the "vested" Port of the Islands development; .:. .. n The Buckley Mixed Use Subdistrict; .:. .. ~ The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Words underlined are added; words stNGk t~rouoh are deleted. 25 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 6) LivingstonlRadio Road Commercial Infill Subdistrict 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict A~. Density Bonuses: [No change to text, page 36] 1!_ Conversion of Commercial Zoning Bonus: [Revised text, page 37] If the ~ project includes the conversion of commercial zoning that has been found to be "Consistent By Policy" through the Collier County Zoning Re-evaluation Program (Ordinance No. 90-23). then is Rot oonsisteRt wkb aay Subdistriet allowing eommereial uses, a bonus of up to -l-6 ~ dwelling units per acre may be added for every one (Ij acre of commercial zoning that whieh is converted to residential zoning. except that properties within the Coastal High Hazard Area cannot exceed the cap of four dwelling units per acre. All bonus dwelling units above the base density shall be achieved through the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code. Ordinance 04-41. as amended, adopted June 22. 2004 and effective October 18. 2004). These bonus dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. 2. Preximi~ tel\lbed Use Aetivity Ceater or Ia.erek.age L"etivit)T Ceater: [Deleted text, page 37] If the prejeet is v/ithiR oae mile of a Mixed. Use Aeti'lity Center or Interohange l\:eti'tky CeRter 8:fl.d leeated vAthin a resideRtial deRsity band, 3 residential units per gr-ess aore may be added. The deRsity baRd ar-ound a Mixed Use LA..-etivity CeRter or InterebaRge Activity Center shall be meaSUf'ed by the radial distance fr-om the ceRter of the iRterseetion around 'Jlhich the "iix-ed Use Acti..ity CeRter or IRterchaage LA..-etivky CeRter is simated. If 50% or more of a project is withiR the deasity baRd, the additioRtlI deRsky applies to the gross EWreage of the eRtire projeet. DeRsity bands are designated on the Future LaRd Use Map and shall Rot apply withiR the Estates DesignatioR or for preperties v:itlHn the Traffic Congestion Area. al!. Affordable-workforce Housing Bonus: [Revised text, page 37] To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2r.+:+ 2.06.00 of the Land Development Code, Ordinance #91 102 04-41, as amended, adopted June 22, 2004 and effective October ~ 18, -l99+ 2004). In the Urban Ceastal Friage Subdistrict Coastal High Hazard Area, projects utilizing the Affordable-workforce Housing Density Bonus projects must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Words underlined are added; words strnsk thF9ygh are deleted. 26 ... ... ... ... *** -* *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element to see for Adoption 1-17-07 Element, and such proiects cannot exceed the Coastal High Hazard Area cap of four dwelling units per acre. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable:. workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 ~ of the Land Development Code. 4. Resideatial la fill: (Deleted text, pages 37, 37.1] To eBeourage resideRtial iR fill in uroaR Qi"eas of existing de>.'elopment outside of the Coastal High Hazard Area, a maximum of 3 resideatial dwelling uaits per gross aore may be added if the follovt'ing oriteria are met: (a) The projeet is 20 aeres or less iR size; (b) L'\t time of development, the project v,ill be served by eeatral publie '/later and Se"T';er; (0) The project is oompatible with surrouRding land uses; (d) The property iR (;}\:1estioB has AO commoa site de'/elopmeRt plaR with adjaceat property; (e) There is no oammOR ownership v/ith aay adjaeeRt parcels. (0 The par-eel iR question was Rot e-reated to tak-e ad'/aRtage of the in fill resideBtial density bORus aRa '..vas ereatea prior t-o the adoptioR of this provisioR in the Gro,.vth M.aBagement Plan on Jaauary 10, 1989. (g) Of the maximum 3 additioRal uRits, 000 (1) dltvelliRg URit per aere shall be transferred from SendiRg Laads. (h) Pmjeets qualifyiRg uRder this provision may iRerease the deasity administratively by a maximum of ORe d'llelling UfI.it per acre by traBsf-erring that additional density from Seading LaRds. 5. Readway ~A..eeess: (Deleted text, page 37.1] If the projoot has direet &eeess to 2 or more arterial or calleetor roads as ideRtified in the Traffic CiroolatioR ElemeRt, 1 resideRtial d'..velling unit per gross acre may be added. Density erooits based OR future roadways will be a\varded if the developer commits to construet a portion of the road'Tvay (as determiaed by the Couftty Transportation DepartmeRt) or the road is soheduled for completion duriRg the first fiye years of the Capital ImproyemeRts PlaR. The Roadv;ay L^&}OeSS bORus is aot 8fJplieaele to properties located 'lIithin the Traffie Coagestion Area:- ~. Transfer of Development Rights Bonus: (Renumbered, revised text, page 38) To encourage preservation/conservation of natural resources, density transfers are permitted as follows: Words underlined are added; words struGk tt:tF9ygh are deleted. 27 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** - *** *** -- - Future Land Use Element to BCC for Adoption 1-17-07 (a) From Urban designated areas into 'JlithiR that portion of the Urban designated area subject to this Density Rating System, density may be iRoceased above Md beyoaa the aeRsity otherwise allo....'ea by the Density Ratiag System in accordance with the Transfer of Development Rights (TDR) provision contained in Section 2.2.24.11 2.03.07 of the Land Development Code~ adopted by Ordinance No. #91 10204-41, as amended, on June 22. 2004 and effective October 3-G 18, +99-l- 2004.; as ameRded For proiects utilizing this TDR process. density may be increased above and beyond the density otherwise allowed by the Density Rating System. except that properties within the Coastal High Hazard Area cannot exceed the cap of four dwelling units ~er acre.;- (b) rom SeadiRg Lanas ia cORjunctioa with qualified iRfill development (eQ) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre. In no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal High Hazard Area. Laads lyiftg seaward of the Coastal High. Hazara BOl:lndary, ideRtified on the Future L8.fla Use Map, are within the Coastal High Hazar-d l\rea. f!!. Transportation Concurrency Management Area (TCMA) Bonus: [Renumbered text, Revised title, page 38] b~. Density Reduction: [No changes to text, page 38] I!. Coastal Hi2h Hazard Area Reduction Trame C8Rgesti8B Ares: [Revised text, pages 38, 38.1] If the project lies is within the Traffic Congestion Area Coastal High Hazard AreS!, an area identified as subject to 10Rg range traffic ooagestioR, lone dwelling unit per gross acre would be subtracted from the eligible base density of four dwelli~ units ~er acre. The Traffic CongestioR Boundary is shmvn. on the Future Laaa se Ma aRd consists of the western coastal Urban Desigaated Area seaward of a boundary marked by L\irport Pulling Road (iacluding an extension north to the Lee County boundary), Davis Boulevard, CouRty Barn RQad, aad Rattlesnake Hammoek Road consistent with the Mixed Use Actiyity Center's residential deRsity baRd located at the soutftv/est quadfMt of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjaecRt to the Traffic Congestion Area shall be cORsidered part of the Traffic Coftgestion Area if their only access is to a road forming the boundary of the L'\rea; however, if that property also has aa acoess point to a road not formiftg the boundary of the Traffic CoagestioR L\rea it will not be subject to the density reauctioa. Futhermore, the density reduction shall aot apply to developments located withiR the South U.S. 11 TCEA (as identified within Tr8.flsportation BlemeRt, Map TR 1, aad Transportation Element, Polioies 5.5 aad Words underlined are added; words struck thFGl::Igh are deleted. 28 *** *** *** *** *** *** *** *** *** ... Indicates break in text *** *** *** ... *** ... ... *** ***.. *** Future Land Use Element to BCC for Adoption 1-17-07 5.6, aDd FLUE PoHey 2.4) that obtftia aa ~tioR trom eoaOOrreRe)' reEtUiremeRts for tnmsportatioa, pursuaat to the certifieatioa process deseribed in TnmsportatiaR Elemeat PoHey 5.6, and that iaell:lde affordable ftol:lsiRg (as per Seetion 2.7.7 of the Collier Cmmty Land Development Code, as amended) as part of the plaR of ae'lelopmeat. This reduotion shall likewise Rot be applied to developments v;ithin the NortlY;.rest and East Central TCMA,s that meet the requiremeRts of FLUE Polieies 6.1 throl:lgh 6.5, aad Tnmsportatioa Elemeftt, PoHeies 5.7 tmd 5.8, and that iRelude L^..ffordable Housiag (as per Seotioa 2.7.7 of the Collier County Lana Development Code, as ameRded) as part of the plan of development. ~. Density Conditions: [N 0 changes to text, page 38.1] Ii!. Maximum Density - General: [Revised text, page 38.1] The maximum allowed permitted density shall not exceed 16 resideatial dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) provision contained in Section 2.2.24.10 2.03.07 of the Land Development Code adopted by Ordinance No. #91 102 04- 41, as amended. on June 22, 2004 and effective October ;{) 18, -l-99-l- 2004, as amended. However. properties within the Coastal High Hazard Area cannot exceed the cap of four dwelling units per acre. b. Maximum Densitv - Coastal Hi2h Hazard Area: [New text, page 38.1] Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) of this Growth Management Plan defines the Coastal High Hazard Area (CllliA). The CllliA boundary is depicted on the Future Land Use Map: all lands lying seaward of that boundary are within the CllliA. The maximum density allowed within the CllliA is 4 dwelling units per gross acre. except as provided for in Policy 5.1. and except for the "vested" Port of the Islands development. Further. new rezones to permit mobile home development shall not be allowed within the CllliA d~. Density Blending: [N 0 changes to text, pages 39, 40] BC. Urban Commercial District: [No changes to text, page 40] 1. Mixed Use Activity Center Subdistrict: [Revised text, pages 41, 41.1, 42-44] Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989. there were 21 Activity Centers. There are now 19 Mixed Use Activity Centers, listed below, which comprise approximately 3,000 acres~ , this includes ineluding 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately under the Interchange Words underlined are added; words stl1:Jck through are deleted. 29 *** *** *** *** *** -* **'"' *** *** -* Indicates break in text *** **'"' *** **'"' *** -* *** **'"' ***- *** Future Land Use Element to see for Adoption 1-17-07 Activity Center Subdistrict. Two Activity Centers.. #19 and 21.. have been deleted as they are now within the incorporated City of Marco Island and replaced ey the land use desigRatioRs idemified iR the J..fareo blaRd Master PlaR aRd Future Land Use Map. # 1 Immokalee Road and Airport-Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 1-75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake-Hammock Road and Collier Boulevard # 8 Airport-Pulling Road and Golden Gate Parkway # 9 1-75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) # 1 0 I - 7 5 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport-Pulling Road #12 US 41 and Pine Ridge Road #13 Airport-Pulling Road and Pine Ridge Road #14 Goodlette-Frank Road and Golden Gate Parkway # 15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport-Pulling Road # 17 US 41 and Rattlesnake-Hammock Road # 18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character. Further. they are generally intended to be developed at a human-scale, to be pedestrian-oriented, and to be interconnected with abutting projects - whether commercial or residential. Street. pedestrian pathway and bike lane interconnections with adiaeeRt abutting properties, where possible and practicable, are encouraged. Additionally, so;; ~mmercial developmeRt is allo'ued outside of Mixed Use A-etivity CoRters in the PUD Neiglmorhood Village Cemer Subdistrict, Office aRd Infill Commercial Sabdistrict, ImerchaRge f..-etivity Center Subdistrict, Tradition.al Neighborhood DesigR Subdistrict, Oraege Blossom Mixed Use Subdistrict, GoodlettelPiRe Ridge Commercial Subdistrict, Yan.derbilt Beach/Collier Boulevard Commercial Subdistrict, Li'/iRgston/PiRe Ridge Commercial IRfill Subdistrict, HeRderson Creek Mixed Use Subdistrict, LiviRgston RoadlEatoR'.vood Lane Commercial IRfill Subdistrict, LiviRgstoR Road Commercial Infill Subdistrict, Buckley Mixed Use SNbdistrict and the Bayshore/GatC'l,'ay TriaHgle Rede'/elopmem Overlay and by Policies 5.9,5.10, and 5.11 of the Future Land Use Element. Mixed Use A-etivity Cemers are iRteRded to ee mixed 1:lse iR charaoter. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses. residential uses. institutional uses. hoteVmotel uses at a maximum density of 26 units per acre. community facilities. and other land uses as generally allowed in the Urban designation. Words under1ined are added; words stNGk thF9l:1gh are deleted. 30 *** *** *** *** *** -* *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element to BCC for Adoption 1.17-07 The actual mix of the various land uses which may iRcluee the full array of commercial uses, residential uses, institutioaal uses, hotel/motel uses at a deRsity consisteRt '.\'ith the LaRd Developmeat Coee shall be determined during the rezoning process based on consideration of the factors listed below. Except as restricted below under the provision for Master Planned Activity Centers. all Mixed Use Activity Centers may be developed with any of the land uses allowed within this Subdistrict. For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area or Urban. Coastal. friRge Subdistrict, up to 16 residential units per gross acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area. the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center. the density accumulated from the Activity Center portion of the project This deasity may be distributed throughout the project, including aRY portion located outsiee of the bouRdary of the Mixed Use A-etiyity Center. Mixed-use developments - whether conslstmg of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed !ill!l encoura~ed within Mixed Use Activity Centers. Such mixed use projects are intended to be deve aped at a humaR seale, pedestriao orieftted, and iRtereoooected \V1.th adjaeeRt projects whether commercial or residential. Str~et, pedestrian pathway and bike lane iatereoooeetieRs with adjaceot pr-operties, where possible aRd practicable, are encouraged. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center. and the portion within an Activity Center is developed as mixed use. some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the protect located outside of the Activity Center. In order to promote compact and walkable mixed use projects. where the density from a mixed use project is distributed outside the Activity Center boundary: (1) the mixed use component of the project within the Activity Center shall include a minimum of thirty percent (30%) of the Activity Center-accumulated density; (2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and. Words underlined are added; words stNGk U'lfElygh are deleted. 31 *** *** *** *** *** -* *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***- *** Future Land Use Element to BCC for Adoption 1,17-07 (3) the portion of the project within the Activity Center shall be developed at a human scale. be pedestrian-oriented. and be interconnected with the remaining portion of the proiect with pedestrian and bicycle facilities. The factors to consider during review of a rezone petition for a project. or portion thereof. within an Activity Center. are as follows: a. Rezones v.ithiB Mixed Use A-etivity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center;-.:. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses;-.:. d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles;-.:. ~ Adequacy of infrastructure capacity, particularly roads;.:. [ Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties;.:. &. Natural or man-made constraints;-.:. h. Rezoning criteria identified in the Land Development Code;.:. 1.:. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code;.:. 1. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway( s), location of traffic signals on the abutting roadway( s), and internal and external vehicular and pedestrian interconnections;-.:. k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjaeeRt abutting projects;.:. L Conformance with the architectural design standards as identified in the Land Development Code. Words underlined are added; words struGk t1u9ygh are deleted. 32 *** *** *** *** *** ... *** ... *** -* Indicates break in text *** *** *** ... *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 The 8Ppr-eximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual, fixed boundaries and cannot be adjusted without a comprehensive plan amendment except as provided below for Master Planned Activity Centers of Mix;d Use f&tivity Cemers listed below by LA..-etiyity Cemer aad 10eatioR are specifically defiaed OR tRe maps aad shall be eORsidered to deliaeato the bOl:looaries for those Mixed Use f.:etivity Ceaters. # 1 Immokalee Road and Airport R-oad # 6 Davis Bomevard aad Saata Barbara Boulevard # 8 Airport Road aad GoldeR Gate Parkway # 11 Vaaderbilt Beaeh Road aHd Airport Road # 12 US 11 aad PiRe Ridge Road # 13 Airport Road aHd Piae Ridge R-oad # 15 GoldeR Gate Parlavay aad CoroRado Boule'lard # 16 US 41 aHd Airport Road # 17 US 11 aHd Rattlesaake Hammock Road # 18 US 11 aHd Isles of Capri Road #20 US 41 aHd 'Niggias Pass R-oad The mix of uses iR all ef these speeifieally desigRated, eKcept for #6 at Dayis Boule'..ard and SaRta Barbara Boulevard, IDlll raage from 80 to 100% oommercially z.oaed and/or developed property. L\etivity Ceater #6 is approximately 60% commercially zORed aaa/or developed. For purposes of these specifically desigaated f"etivity Ceaters, the eatire f&tivity Ceater is eligible for up to 100%, or any 60mbiRation thereof, of each of the follO\ying uses: commercial, resideatial &Rd/or oommuRity facilities. Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as ~ Master Planned Mixed Use Activity Centers. A Master Planned Mixed Use Activity Center5-ftfe is one these which htwe has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process, as provided below. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 Collier Boulevard #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus mix aoo location of uses permitted within a designated Mixed Use Activity Center.:. aHd may be Words underlined are added; words struck tt:lr-eugl:l are deleted. 33 ... ... ... ...... *** ... ... *** -* Indicates break in text ...... ... ... ... -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1.17-07 permitted to modify the designated cOBnguratioB. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below duriAg fiBal site desigB; Hhowever, the approved acreage within amOUR! of commercial de'lelopmeRt the reconfigured Activity Center shall not be exceedeEl that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: 1. The applicant shall have unified control of the maJonty of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51 % of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51 % ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51 % ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control;.:. 2. The permitted allowable land uses for a Master Planned Mixed Use Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. to the extent of the unified control. The maximum amount of commercial uses allowed permitted at Activity Center # 3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to fef non-commercial uses as allowed in Mixed Use Activity Centers residential aRdlor commuRity facility uses. The maximum amount of commercial uses allowed permitted at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to fef non-commercial uses as allowed in Mixed Use Activity Centers resideBtial and/or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities- this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional Words underlined are added; words stll:lGk thr9ygh are deleted. 34 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractorlbuilder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractorlbuilder construction trade specialists or accessory to warehouse space for various contractorlbuilder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers. Activity Center #14 (Goodlette-Frank Road and Golden Gate Parkway) shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be limited to fef non- commercial uses as allowed in Mixed Use Activity Centers. residential aad/or eomftWnity facility uses. LA.Jxivity Centers #2 and #5 have approximately 80% of the area zoned or de';eloped for commercial uses. For purposes of these nvo Activity Centers, the efttire ,A.&ti'/ity Center is eligible for up to 1 O~'O.. or any combiaatioR thereof, of the follO'.ving uses: commercial, residential and/or eommunity facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site Ffeatures, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network;-aml.:. 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: . +lhe intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications contained in the Transportation Traffic Circulation Element. . +lhe Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. . Mmarket justification is provided demonstrating the need for a Mixed Use Activity Center at the proposed location. Words underlined are added; words Gtnack thr9l-Jgh are deleted. 35 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element to BCC for Adoption 1-17-07 2. Interchange Activity Center Subdistrict: [Revised text, pages 44, 45] Interchange Activity Centers have been designated on the Future Land Use Map at eaeh ef.the three of the County's four Interstate 75 interchanges and include numbers 4, 9 and 10; there is no Activity Center at the new 1-75/Golden Gate Parkway interchange. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 (1-75 at Immokalee Road) and #10 (1-75 at Pine Ridge Road) allow for a the same mixture of land uses as allowed in the Mixed Use Activity Centers: additionally. ,...hieh may iRclude 100% or EmY combinatioR thereof, of €leek of the foll~wiag uses: the full array of commercial uses, residential and non resideatial uses, iRstitutioaal uses, hotellmotell:lses at a deRsity cORsisteRt '..vith the Land Developmeat Code,; aad Business Parks; and industrial uses~ as identified below, are allowed in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center # 10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 (1-75 at Collier Boulevard) shall be is subject to the requH-emeat of the developmeRt of an Interchange Master Plan (IMP), which was~ IMP is iateaded to create Ml enhaRced "gate'Nay" to Naples. The IMP process shall be initiated by the property O'.."IRerS aad/or their represeatatives by meetiag '.vith the County plaaning staff withiR 60 days of the adoption of this Growth MMlagemeat Plan ameadmeat Md a fiRding of complianee from the Departmeat of Commuaity l'\ffairs. The purpose of the meetiag ...vill be to establish a mutually acecptable ...ision statemeat for A<<iyity CeRter # 9. The Iaterekaage Master Plan shall be adopted by Resolution by the Board of County Commissioners, and to the implementing provisions adopted into the Land Development Code. All rezones thereafter shall meet the iateat of the yision statement. SOOseq\:leRt to tkc deyelopment of the visioR statemeat, All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include all land uses allowed in the Mixed Use Activity Centers: additionally. the full array of commercial uses; residential aad noa residential uses; institl:ltional uses; BusiRess Park; kotel/motel uses at a density eonsisteBt ':lith the LaRd Developmeat Code; industrial uses shall be allowed in the northeast, southwest and southeast quadrants of 1- 75 and Collier Boulevard. and in the southwest quadrant of Collier and Davis Boulevards. The mix and iatcRsity of land uses shall meet the iateBt of the vision statement and be defiRed during the rezoning process. The above allowed uses notwithstanding, eBtire IntereftaRge Aeti'/ity Center is eligible for up to 100% of the eat ire acreage to be developed for any of the uses referenced above, except commercial zoning the maxiRRlm amol:lat of commercial aereage shall not exceed 55% of the total Words underlined are added; words struck threugh are deleted. 36 *** *** *** *** - -* - - - -* Indicates break In text *** *** - - *** -* *** *** -- - Future Land Use Element to BCC for Adoption 1-17-07 acreage (632.5 ac.) of Interchange Activity Center # 9. The faetors to OO8:sider duriag review of a reZ08:e petitioR shall be eompliaRCe 'o"';ith tHe vision statement and those iaolused for the Mixed Use ~ .t'..-otivity CeRter. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. and based on the adopted IMP. For residential-only development, if a project is located within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and ROt vlitHia the Estates Designation, up to 16 residential units per gross acre may be allowed permitted. If such a project is located within the boundaries of an Interchange Activity Center which is within the Urban Residential Fringe Subdistrict. eligible density shall be as allowed by that Subdistrict. For a residential-only proiect located partially within and partially outside of an Activity Center. the density accumulated from the Activity Center portion of the proiect This deasity may be distributed throughout the project, includiRg aRY portion located outside of the boundary of the Aeti,;ity Center. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building. or in a freestanding building - are allowed and encouraged within Interchange Activity Centers. Such mixed-use projects are intended to be developed at a human-scale. pedestrian-oriented. and interconnected with adiacent projects - whether commercial or residential. Street. pedestrian pathway and bike lane interconnections with adiacent properties, where possible and practicable, are encouraged. Density for such a project is calculated based upon the gross proiect acreage within the Activity Center. If such a project is located within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict. the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a proiect located partially within and partially outside of an Activity Center. and the portion within an Activity Center is developed as mixed use. the density accumulated from the Activity Center portion of the project shall not be distributed outside of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses - those that serve regional markets and derive specific benefit when located in the Interchange Activity Centers = shall be allowed in the Activity Center quadrants previously identified. These uses shall be limited to: manufacturing. warehousing. storage. and distribution. , provided During the rezone process, each such use shall be is reviewed to determine if it will aRd fouRd to be compatible with existing and approved land uses. IRdustrial uses shall be limited to: maBUfaeturing, '.varehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other oommercial, residential and/or iRstitutioRal land uses allowed in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development Words underlined are added; words stl1:lGk thfQUgh are deleted. 37 *** *** *** *** ..... -* ..... ..... *** *** Indicates break in text ..... ..... *** ..... ..... *** ..... ..... ***- ..... Future Land Use Element to BCC for Adoption 1-17-07 and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site:specific development details will be reviewed during the Site Development Plan review process. a. Landscaping, buffering and/or berming shall be installed along the Interstate; b. Fencing shall be wooden or masonry; c. Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; d. Central water and sewage systems shall be required; e. Ingress and egress shall be consistent with State Access Management Plans, as applicable; f. No direct access to the Interstate right-of-way shall be permitted; g" Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plan provisions, or State Access Management Plans, as applicable; h. Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for V-turn movements; h The developer shall be responsible to provide all necessary traffic improvements to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; and, 1. A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. 3. LivingstonlPine Ridge Commercial Infill Subdistrict: [Revised text, page 46] *** *** *** *** *** *** *** *** *** *** *** a. Southeast Ouadrant Ifpermitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjaoent abutting properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries looated adjaeent to abutting areas zoned agricultural. b. Northwest Ouadrant Words underlined are added; words stNGk tt:tFGygt:t are deleted. 38 *** *** *** *** *** *** *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 The feasibility of interconnections to the adjaoeBt abutting properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. *** *** *** *** *** *** *** *** *** *** *** 4. Business Park Subdistrict: [No change to text, page 46] 5. Research and Technology Park Subdistrict: [No change to text, page 46] 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict: change to text, page 48] [No 7. Livingston Road Commercial Infill Subdistrict: [No change to text, page 48] 8. Commercial Mixed Use Subdistrict: 48,48.1] [Relocated text, Revised text, pages The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a human- scale, pedestrian-oriented, and interconnected with adjacent abutting projects - whether commercial or residential. \VithiR oae yeM of the eff-ect:i'le date of this Subdistrict, the LaRd Development Code shall be amended, as necessary, to implemem de'leloping purSUaBt to the regulation governing this Subdistrict. This Subdistrict is allowed in the Urban Commercial District subiect to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban Mixed Use District. Project:s utilizing this Subdistrict: shall oomply '...vith the following standMds and oriteria: 1. This Subdistriet is applieable to the C 1 through C 3 zoniRg districts, sd to commereial PUDs and th.e commeroial oomponent of mixed use PUDs ,:there those oommeroial uses are compMable to those found iR the C 1 through C 3 zoning districts. 2. Commercial uses aRd developmeBt staRdards shall be in aeoordaRce .;;ith the oommeroial zORiRg distriet OR the subjeot property. 3. R-esidential density is ealeulated based upon the gross eommeroial project acreage. For property in the Urban Residential Fringe Subdistrict, deasity shall be as lim.ited by that S1.ibdistriet. For property Rot '.vithin the Urban ResideRtial Fringe S1.ibdistrict bat v/ithin the Coastal High Hazard Area, deRsity shall be limited to four do.veIling uRits per aere. For property Rot withiR the Urban ResideRtial Fringe Subdistrict aRd not within the Coastal High. Hamrd Area, acnsity sh.all be limited to sixteefl d':/eIling uRits per aere. Words underlined are added; words stl\lok threyoh are deleted. 39 -* -* -* -* -* -* -* *** *** -* Indicates break in text *** -* -* -* -* -* -* -* ***- *** Future Land Use Element to BCC for Adoption 1-17-07 4. IR the ease of resideRtial uses loeated withia a b\:lildiRg attached to a eommercial buildiag or iR the case of a freest8fKiing resideatial building, buildiag square feet and aereage devoted to residential \:lses shall Rot eK-eeed seveftty pereem (70%) of the gr-oss building square footage aRd acreage of the project. 5. Street, pedestriaR patlP.vay aad bike laae iRterooooeetions with adjacent properties, v.here possible 8fKi practieable, are eneouraged. 9. Livingston RoadN eterans Subdistrict: Memorial Boulevard Commercial Infill [No changes to text, page 48.1] 10. LiviBgsteRlRadia Read CSIBIBeftiallR611 SubdistJ'iet: [Relocated text, pages 48.1,48.2] This Subdistriet eORsists of!. 5.0 aeres loeated at the RortlP.yest eorner of the iaterseetion ofLiviRgston Road and Radio Road. This Subdistriet a110\\'s for those permitted and coaditioaal uses set forth in Commereial Intermediate ZORiRg District (C 3) of the Collier Couaty LaRd DevelopmeRt Code, OrdiRanee 91 102, iR eff-eet as of the effeetive date of adoption of this Subdistriet. (Adopted Oetober 26, 2001 by Ordin8;fKie No. 2001 71) Howe"ler, the following conditional uses shall Rot be permitted: 1. Amusements and reereation services (Groups 7911, 7922 oommunity theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bieycle and moped reatal, rental ofbeaeh ehairs and aecessories only.) 2. Homeless saekers, as defiRes by the Laad De:velopmem Code. 3. Social Services (8322 83990) 4. Soup kiteaeas, as sefiaes by the LaHd Developmeat Code. To eHeourage mixed use projeets, this Subsistriet also permits residential dey...elopmeat, -Nhen loeates iR a mixed use builsiag (residemial uses over eommercial uses). Such resiseatial development is allowed at a maximum den.sity of 16 dwelling units per aere; the gr-oss aereage of the project is used ia ealeulatiRg residential deRsity. The purpose ofthis Su-esistriet is to provide services, iRcluding retail uses, to surr-ouRding resideatial areas within a coaveRient travel sistanee to the subjeet property. These uses are not an en.titlemem, Hor is the maximum dCJRsity for resideatial uses ia a mixed use builsiag. Such uses, and resideatial deasity, will be further C".aluated at the time of rezoning approval to iasure appropriaten.ess iR relatioR to surrol:lRding properties. The maximum deyelopmeRt iateasity allo-""ed is 50,000 square feet of builsiRg area for eommercial uses with a maximum height of three (3) stories, Hot to eKcood 35 feet. Words underlined are added; words stNGk tt:lroYQh are deleted. 40 - - - - - -* - - - -* Indicates break in text - - - - - -* - - -- - Future Land Use Element to BCC for Adoption 1-17-07 Howtwer, for mixed use buildings those eontaining residential uses over eommereial uses the maximum height is four (4) stories, Rot to eKeeed 45 f-cet. f..-ccess to the property withiR the Sabdistrict may be permitted from Radio Road, Market LA...'/eooe aRd LiviRgstoR Road. i\ny aecess to LivingstoR Road shall be limited to right in, right out access. Further, aecess shall be eORsisteRt ".-'1ith the Collier County A-coess MaRagement Policy iR effect at the time of either rezoning or SDP applioation, whiohever poliey is the more restrictive. 16 H. Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Relocated, Renumber, revise text - 5th paragraph, pages 48.2, 48.3] *** *** *** *** *** *** *** *** *** *** *** d. Parcel 2 *** *** *** *** *** *** *** *** *** *** At the time of rezoning of Parcel 2, the developer shall provide restrictions and standards to insure that uses and hours of operation are compatible with surrounding land uses. Permitted uses such as assisted living facilities, independent living facilities for persons over the age of 55, continuing care retirement communities, and nursing homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the eastern property line, adjacent to abutting the Wilshire Lakes PUD, at a minimum width of thirty (30) feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan for that portion of the property fronting Vanderbilt Beach Road as well as that portion along the eastern property line, adjaceRt to abutting the Wilshire Lakes PUD. 10. Goodlette!Pine Ride:e Commercial Infill Subdistrict: [Relocated from page 27 to after page 48.3, renumbered, revised text; Plus, its accompanying map will also be moved from page 32 to 50.1] This Ssubdistrict consists of 31 acres and is located at the northeast quadrant of two maior arterial roadways. Pine Ridge Road and Goodlette-Frank Road. In addition to uses generally allowed in the Urban designation. the intent of the GoodlettelPine Ridge Commercial Infill Subdistrict is to provide shopping. personal services and employment for the surrounding residential areas within a convenient travel distance. The Subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore. emphasis will be placed on common building architecture. signage. landscape design and site accessibility for pedestrians and bicyclists. as well as motor vehicles. Access to the GoodlettelPine Ridge Commercial Infill Subdistrict may feature a signalized traffic access point on Goodlette-Frank Road. which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Words underlined are added; words GtNck thr9l:JQt-l are deleted. 41 ... ... ... ... ... -* ... ... ... ... Indicates break in text ... ... ... ... -* -* ... ... ...- ... Future Land Use Element to see for Adoption 1-17-07 Development intensity within the Subdistrict will be limited to single-story retail commercial uses. while professional or medical related offices, including financial institutions, may occur in three-story buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this Subdistrict. Retail commercial uses shall be limited to a maximum of 125.000 square feet of gross leasable area on the south +/- 23 acres. No individual retail commercial use may exceed 65.000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District. the .87 +/- acre wetland area located on the northeastern portion of the site will be preserved. (;D. Urban - Industrial District: [Remove hyphen from title, no changes to text, page 51] 1. Business Park Subdistrict: [No change to text, page 51] 2. Research and Technology Park Subdistrict: [No change to text, page 51] II. AGRlCULTURALlRURAL DESIGNATION: [No change to text, page 52] A. Agricultural/Rural- Mixed Use District: [Remove hyphen from title, Relocate text of sub-paragraph g., pages 53, 54] *** *** *** *** *** *** *** *** *** *** *** *** g. Existing URitS approved for the Fiddler's Creek DR! may be reallocated to those parts of Sections 18 ftRd 19, Tovfflship 51 South, Range 27 East added to Fiddler's Creek DR! together vrith part of Section 29, TmVflship 51 South, Range 27 East, at a density greater dlftR 1 uRit per 5 g-ross acres provided that no new units are added to the 6,000 pre'liously appro' led units, '.vhich results in a gross density of 1.6 units per acre for the Fiddler's Creek DR!; and further proyided that no resideRtial units shaH be located OR that part of Section 29 withiR the Fiddler's Creek DR!; aRa further pr{)viaed that South Florida 'Nater ManagemeRt District jurisdictiollal 'Jletlands impacted by the DR! in said Sections do Rot eKceed 10 aeres-: 1. Rural Commercial Subdistrict: *** *** *** *** *** *** [Revised text - paragraph e., page 54] *** *** *** *** *** *** e. The project is located on an arterial or collector roadway as identified in the Traffie Cireulation Transportation Element; and B. Rural Fringe Mixed Use District: [No changes to text, page 54] 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: [No changes to text, page 55] A) Receiving Lands: *** *** *** *** *** *** [Revised text, page 58] *** *** *** *** *** *** Words underlined are added; words stl1:lsk tl1F9l:1gh are deleted. 42 - - - - - -* - - - -* Indicates break in text - - - - - -* - - --- Future Land Use Element to BCC for Adoption 1-17-07 5. Allowable Uses: u) Travel trailer recreational vehicle parks, provided the following criteria are met: 1) The subject site is adjaooftt to abutting an existing travel trailer recreational vehicle park site; and, 2) The subject site is no greater than 100% the size of the existing adjaceRt abutting park site. B) Neutral Lands: [Relocated text, new subparagraph s), pages 59,60] *** *** *** *** *** *** *** *** *** *** *** *** s) Existing units approved for the Fiddler's Creek DR! may be reallocated to those parts of Sections 18 and 19. Township 51 South. Range 27 East added to Fiddler's Creek DR! together with part of Section 29. Township 51 South. Range 27 East. at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6.000 previously approved units. which results in a gross density of 1.6 units per acre for the Fiddler's Creek DR!; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DR!; and further provided that South Florida Water Management District iurisdictional wetlands impacted by the DR! in said Sections do not exceed 10 acres. C) Sending Lands: [No changes to text, pages 62, 63, 64] D) Additional TDR Provisions: {Revised text, fint paragraph, page 65] \Vitkin ORe year of adoptioR of tkis plaa ameoomeat, Collier County will amend has amended its land development regulations to adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process will include~ , at a miRimum the following provisions: 2. Buffen Adjacent to Major Public Rights-of-way: [No changes to text, page 65] 3. Rural Villages: [Revised text, pages 66, 67, 68, 69] C) Rural Village Sizes and Density: *** *** *** *** *** *** *** *** *** *** *** *** 3. Density shall be achieved as follows: c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following, either individually or in combination: 1) Additional TDR Credits. 2) TDR Bonus Credits. 3) A 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers. 4) A density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. Words underlined are added; words str\lck through are deleted. 43 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 *** 5) A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2. 5 (6)b.:. of the CCME. *** *** *** *** *** *** *** *** *** *** *** G) As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the following shall be addressed: 1. Rural Village, Village Center and neighborhood design guidelines and development standards. *** *** *** *** *** *** *** *** *** *** *** . Interconnection between the Rural Village and adjfWeRt abutting developments shall be encouraged. 2. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: . A mixture of housing types, including single-family attached and detached, as well as multi-family. A minimum of 15% of the units shall be affordable-workforce housing. of which 5% shall be affordable-workforce housing less than or equal to 80% of median household income. 5% shall be affordable-workforce housing less than or equal to 1000.10 of median household income, and 5% shall be affordable-workforce housing less than or equal to 150% of median household income. Proiects providing affordable-workforce housing HousiRg that is pro';ided f-or lower ineome resideRts aRd for eRtey level and workforoe buyers shall receive a credit of 0.5 units for each unit constructed. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determining the rental and fee-simple market rates that will qualify for such a credit, and a system for tracking such credits. 4. Exemptions from the Rural Fringe Mixed Use District Development Standards: (No changes to text, pages 69,70] C. Rural- Industrial District: [Remove hyphen from title, revise text, page 70] The Rural - Industrial District, which encompasses approximately 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subject to the IRterim Development Pro'AsioRs. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct Words underlined are added; words stl1:lck tlu-9ugh are deleted. 44 ... ... ... ... ... -* ... ... ... -* Indicates break in text *** *** *** *** *** -* *** *** -- *** Future Land Use Element to BCC for Adoption 1-17-D7 access to a road classified as an arterial or collector in the Traffic Ciret:llatioR Transportation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: D. Rural - Settlement Area District: [Remove hyphen from title, revise text, page 70] This District consists of Sections 13, 14,23,24, and a portion of22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is encompassed by the commoflly knovffl as Orangetree pUD and Orange Blossom Ranch PUD. Refer to the Golden Gate Area Master Plan for allowable permitted uses and standards. m. ESTATES DESIGNATION: [No changes to text, page 71] IV. CONSERVATION DESIGNATION: [No changes to text, pages 71,72] V. OVERLAYS AND SPECIAL FEATURES: [No changes to heading, page 73] A. Area of Critical State Concern Overlay: [Revised text, pages 73, 74, 75] The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). The ACSC regulations notwithstanding. there is an existing Development Agreement between Port of the Islands. Inc. and the State of Florida Department of Community Affairs, approved in July 1985, which regulates land uses in the Port of the Islands Urban area; and, there is an Agreement between the Board of County Commissioners and the Florida Department of Community Affairs. approved in April 2005. pertaining to development in Plantation Island. Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: Words underlined are added; words struck thrOl:.tgh are deleted. 45 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** *** *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 B. North Belle Meade Overlay: 77, 78, 79, 80] [No changes to text, pages 75, 76, Planning Considerations d. Red Cockaded Woodpeckers (RCW) *RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands shall be mapped aRd protected from laRd use aotiyities within 8eRding Laads, aad 8e{)tion 21 desigaated Neutral LaRds. Although RCW nesting aRd foraging habitat shall be mapped within all Sending areas within the NBM Overt a)', this shall be accoffiJ)lished by a study specific to SectioR 24 cORducted by Collier CouRty withiR one year of tile effective date of tile NBM Overlay. \VithiR Section 24, the Neutral desigRation may be adjl:lsted based upon the fiRdings of the updated RC'." nesting and foraging habitat study. C. Natural Resource Protection Area Overlay: [No changes to text, pages 80, 81] D. Rural Lands Stewardship Area Overlay: [Revised text, as noted below] Policy 1.15 [Revised text, page 85) Land becomes designated as an SRA upon the adoption of a resolution by the Collier County Board of County Commissioners (BCC) approving the petition by the property owner seeking such designation. Any change in the residential density or non-residential intensity of land use on a parcel of land located within a SRA shall be specified in the resolution reflecting the total number of transferable Credits assigned to the parcel of land. Density and intensity within the RLSA or within an SRA shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the Affordable-workforce Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. Policy 4.7 [Revised text, page 93] There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1,4.7.2,4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and OJ-5.006(5)(1). The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable-workforce housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base Words underlined are added; words strl::lck Ulrol::lgt:l are deleted. 46 *- *- *- *- *- -* *- *- *** -* Indicates break in text *** *- *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. Policy 4.7.1 [Revised text, page 94] Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure whieh that support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjaoeRt to abutting each other to allow for the sharing of recreational facilities. Design criteria for Towns shall be included in the LDC Stewardship District. Towns shall not be located within the ACSC. Policy 4.16 (Revised text, pages 97 -98] A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the form of SRA development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure necessary to serve the SRA at build-out must be demonstrated during the SRA designation process. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding one hundred {lOO} acres in size, and may be required in CRDs that are one hundred (l00) acres or less in size. depending upon the permitted uses approved within the CRD. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, the Immokalee Water Sewer Service District, Collier County, or other governmental entity. Innovative alternative water and wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by Words underlined are added; words struck throl;lgh are deleted. 47 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***** *** Future Land Use Element to BCC for Adoption 1-t7-07 this policy provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until services from a centralized/decentralized community system are available. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. Policy 4.18 [Revised text, page 98] The SRA will be planned and designed to be fiscally neutral or positive to Collier County at the horizon year based on a cost/benefit fiscal impact analysis model acceptable to or as may be adopted by the County. The BCC may grant exceptions to this policy to accommodate affordable-workforce housing, as it deems appropriate. Techniques that may promote fiscal neutrality such as Community Development Districts, and other special districts, shall be encouraged. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools. Development phasing, developer contributions and mitigation, and other public/private partnerships shall address any potential adverse impacts to adopted levels of service standards. Policy 5.6 [Revised text, page 102, 103, 104] *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 3.e. The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50-foot vegetated upland buffer adjaoeat to abutting a natural water body, and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to abutting to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjaoeat to abutting wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 3.fii. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjaoent to abutting the impacted wetland. E. Airport Noise Area Overlay: [No changes to text, page 105] F. Bayshore/Gateway Triangle Redevelopment Overlay: [Revise text, pages 105 - 108] *** *** *** *** *** *** *** *** *** *** *** *** 4. Properties with access to US-41 East are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the Words underlined are added; words struck tt:JrOl,lgh are deleted. 48 - - - *** - -* - *** - -* Indicates break in text - - - *** *** *** *** - -- *** Future Land Use Element to BCC for Adoption 1-17-07 standards identified in Paragraph #~ 9, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay. adopted February 28.2006 (Ordinance No. 06- ) to be approved by the Board of COUlity Commissioaers at a later time. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay_ S. Properties with access to Bayshore Drive, as identified ia the Baysbore Drive Mixed Use ZoniRg Overlay District, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the property must meet the specific developmeRt standards that will apply to residefltial aHa mixed use developmeRt along the Bayshore Driye corridor, aBd proiect must be integrated into a mixed-use development with access to existing neighborhoods and adioining commercial properties and must comply with the standards identified in Paragraph #~9, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 6. The Baysoore Drive ZoniRg Overlay '.vill be deyeloped and adopted iRto the Land DC'/elopmeRt Code iR the preseRt or Hex! 9!/ailable ameftdmen.t cycle. ExpaRsioR of existing commercial zoniRg boundaries along Bayshore Drive within the Bayshore Drive Mixed Use ZORiRg Oyerlay District will not be allowed until the zOHiRg overlay is in. place. Non commercially zoned properties '.vithiR the BaysAore Dri'/e Mixed Use ZORing Overlay District may be eligible for iR fill, low iRtensity oommercial deyelopmeRt provided they meet the criteria listed below. a. If one parcel iR the proposed project: abuts commercial zORing OR one side, the commercial WRing may be applied fQr the cRt ire project site. The follo.....iag reCJi:1iremeRts must be met: joiRt aceess and/or vehicular iRterooRRection; pedestriaR iRtereonRection; aDd the eRtire project: site must oomply with Diyision 2.8 of the LaRd Development Code, as may be modified by the Bayshore Drive Mixed Use ZoniRg Overlay. b. The depth of a parcel for which commercial zoniRg is sought may ex-ceed the depth of the abuttiag commereially wRed property. Adequate buffers must be provided betweeR tbe oommercial uses and non oommercial uses aBd ROR commercial zoning. c. The project must be oompatible '.vith existing laRd uses and permitted future laRd uses OR surrounding properties. +Q. ~arcels currently within the boundaries of Mixed Use Activity Center #16~ land uses will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. Words underlined are added; words struck through are deleted. 49 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17-07 &z. Existing zoning districts for some properties within the BayshorelGateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 9~. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and #5 above. mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following standards: a. Buildings containing only commercial uses are limited to a maximum height of three stories. b. Buildings containing only residential uses are limited to a maximum height of three stories except such buildings are allowed a maximum height of four stories if said residential buildings are located in close proximity to US-41. c. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels/motels will be limited to a maximum height of four stories. e. For purposes of this Overlay, each building story may be up to 14 feet ef building in height shall be considered one story for the first floor oRly. f For mixed-use buildings, commercial uses are permitted on the first two stories only. g. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. h. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a -g. W2. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However. Ffor properties within the Coastal High Hazard Area (CHHA), only the aff-ordable housing said density bonuses,--a-s pro-Aded iR the Density RatiRg System, shall be limited to one dwelling unit per acre is allo';led in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. -1+10. A maximum of388 dwelling units are permitted to be utilized in this Overlay for density bonuses.. as provided in paragraphs #4 and #5 above.. for that portion of the Overlay lying within the CHHA only. , except that 156 d'..velliRg units with direct access to US 41 East shall Rot be couflted to'Nards this 388 dwelling unit limitatioR. These This 388 dwelling units density bonus pool correspond~ with the number of dwelling units previously entitled to to be rezoned from the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. , as provided for belo...." resultiRg in a shift of dVJelliRg units within the CHHA. There is no such density boRUs limitatioR for that portioR of the O'/erlay lying outside of the CHHA. Words underlined are added; words &truck through are deleted. 50 -* *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to BCC for Adoption 1-17'{)7 ~ll. The Botanical Garden, Inc. properties located in Section 23, Township 50 South.. and Range 25 East.. and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 13. \Vithin one year of the effective date of this ameRdmeRt establishing the Baysaore/Gatev/ay Triangle RedCl"/elopment Overlay, the properties to be de'/eloped with a botaRical garden or other non residential use, ..,-,ill be rezoned from the presoRt 388 resideRtial zoning districts to a nOR residential zoniRg distriet(s). No portion of the dV/elling unit density bonuses within the c.mIA can be 1:dilized until a corresponding number of dwelling units has been rezoBed from the botaRieal gardens site(s), as provided for above. G. Urban-Rural Fringe Transition Zone Overlay: [No changes to text, pages 108 - 110] H. Coastal Hisrh Hazard Area: [New text, page 110] Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is depicted on the Future Land Use Map: all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shaH not be allowed within the CHHA. The Density Rating System limits density within the CHHA to a maximum of 4 dwelling units per gross a(;re. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA. ATTACHMENTS [New text, page 110] There are three Attachments to the Future Land Use Element. all pertaining to the Rural Lands Stewardship Area (RLSA) Overlay. as follows: 1. Attachment A Collier County Rural Lands Stewardship Overlay. Stewardship Credit Worksheet. 2. Attachment B. Collier County Rural Lands Stewardship Overlay, Land Use Matrix. 3. Attachment C. Collier County RLSA Overlay. Stewardship Receiving Area Characteristics. FUTURE LAND USE MAP SERIES [Revise text, and re-Iocate maps within FLUE text, page 111 and throughout FLUE document] Add the names of all maps presently located throughout the FLUE text, modify the order on this map list, and re-Iocate all FLUM maps presently interspersed throughout the text to follow the text so that the complete FLUM series is located together at the end of the FLUE document. Words underlined are added; words struok threl::lgh are deleted. 51 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element to BCC for Adoption 1-17-07 Future Land Use Map Mixed Use & Interchange Activity Centers MaDs Properties Consistent by Policy (5.9, 5.10, 5.11) MaDs Collier County Natural Res8urees Wetlands Map Collier County Wellhead Protection Areas MaD Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) MaD Existing Sites for Future Public Educational Plants and Ancillary Plants MaD Plantation Island Urban Area MaD Copeland Urban Area MaD Railhead Scrub Preserve - Conservation Designation MaD Lely Mitigation Park - Conservation Designation MaD Urban - Rural Frimze Transition Zone Overlav MaD Orane:e Blossom Mixed Use Subdistrict MaD Vanderbilt Beach/Collier Boulevard Commercial Subdistrict MaD Davis Boulevard/Countv Barn Road Mixed Use Subdistrict GoodlettelPine Ride:e Commercial Infill Subdistrict Henderson Creek Mixed-Use Subdistrict Bucldev Mixed-Use Subdistrict Livine:stonlPine Ride:e Commercial Infill Subdistrict Vanderbilt Beach Road Neiv;hborhood Commercial Subdistrict Livine:ston Road/Eatonwood Lane Commercial Infill Subdistrict Livine:ston Road Commercial Infill Subdistrict MAP/ATTACHMENT CHANGES: 1. Countywide Future Land Use Map: a) Remove/delete Residential Density Bands from all Activity Centers - to correlate with changes to Density Rating System. b) Remove/delete Traffic Congestion Boundary - to correlate with changes to Density Rating System. c) Change Key Marco (Horr's Island) from Urban Coastal Fringe Subdistrict to Incorporated Areas (gold color) - to reflect its annexation into City of Marco Island. Similarly, change the surrounding islands within the city limits of Marco Island to gold color. d) Change the property at southeast comer of US-41 East and Sandpiper Street (Sandpiper Village PUD aIkIa Ruffina) from Urban Coastal Fringe Subdistrict to Incorporated Areas - to reflect its annexation into the City of Naples. e) Change color of Rural Industrial Subdistrict to dark gray - to distinguish from the lighter gray denoting Urban Industrial. Words underlined are added; words struck tl-1rollgt:1 are deleted. 52 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** - -* - *** -- - Future Land Use Element to BCC for Adoption 1-17-07 f) Add missing link of Livingston Road between Vanderbilt Beach Road and Immokalee Road. g) Delete "Naples-" in the label "Naples-Immokalee Road". h) New order of Subdistricts within Urban Mixed Use District: 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Davis Boulevard/County Barn Road Mixed Use Subdistrict 15. Livingston/Radio Road Commercial Infill Subdistrict 16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict. i) New order of Subdistricts within Urban Commercial District: 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. Livingston RoadlVeteran's Memorial Boulevard Commercial Infill Subdistrict 10. GoodlettelPine Ridge Commercial Infill Subdistrict. j) Add "Lands" to "Neutral" in map label legend so as to read "Neutral Lands" . k) Modify FLUM Note as follows: (3) The Areas of Err;iroRmental Concern Overlay is a general refJreseatatioR of ~'etlands. ~ The Conservation Designation is subject to change as areas are acquired and may include out-parcels. The Future Land Use Map Series identifies areas proposed f-or public acquisition. ~ The Future Land Use Map Series includes numerous maps in addition to this countywide Future Land Use Map: these are listed at the end of the Future Land Use Element text the follmving: Mixed Use + InterchaRge L^..vtivity Centers; Properties Consistent By Policy and Collier County '.\!etlands. Words underlined are added; words struck thFOl:lgh are deleted. 53 *** *** *** *** *** -* *** *** *** -* Indicates break in text *** *** *** *** *** -* *** *** ***- *** Future Land Use Element to sec for Adoption 1,17-07 ~ Refer to the Golden Gate Area Master Plan;- and the Immokalee Area Master Plan aRd the Marco Islaad Master Plan for Future Land Use Maps of those communities. 2. Map FLUE-9 (Zoning Consistent by Policy): Add to title: "Township 48, Range 25 & 26". 3. Map FLUE-IO (Zoning Consistent by Policy): Add to title: "Township 49, Range 25 & 26". 4. Map FLUE-II (Zoning Consistent by Policy): Add to title: "Township 50, Range 25 & 26". 5. Map FLUE-12 (Zoning Consistent by Policy): Add to title: "Township 51, Range 25 & 26". 6. Map FLUE-13 (Zoning Consistent by Policy): a) Add to title: "Township 52, Range 26 & 27". b) Revise to exclude properties within City of Marco Island. c) Correct San Marco Road from "S.R. 951" to c.R. 92". 7. Map FLUE-14 (Zoning Consistent by Policy): Add to title: "Immokalee Area". 8. North Belle Meade Overlay Map: a) Revise the legend to correct the spelling of "Receiving", and to add "Sending" to "NRP A" so as to read "NRP A Sending". 9. Bayshore/Gateway Triangle Redevelopment Overlay Map a) Revise the boundary to exclude the property at southeast comer ofUS-41 East and Sandpiper Street (Sandpiper Village PUD aIkIa Ruffina) as it has been annexed into the City of Naples. 10. Stewardship Overlay Map a) Add approved Stewardship Receiving Area (Ave Maria Town). II. Attachment C, Collier County RLSA Overlay, Stewardship Receiving Area Characteristics a) Revise to add the word "workforce" in the third footnote so as to read "Affordable-workforce Housing Density Bonus." EAR-FLUE to see for Adoption G: ComprehensivelEAR Amendment ModificationslBCC Adoption Draft dw1-17-07 Words underlined are added; words strnck tRFeblgh are deleted. 54 - - - - - - - - - -. 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No. 2003-44 PROPOSED NORTHEAST REGIONAL WATER TREATMENT PLANT PHASE 1 A WELLFIELD AREA ~ ORANGETREE WELLFIELD CR 858 CR 846 EAST GOLDEN GATE WELLFIELD ll'l r-- PINE RIDGE 0'> N a:: U1 I 75 COASTAL RIDGE WELLFIELD FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE WATER TREATMENT ~ "'" PLANT WELLFIELD \ PROPOSED 5 SOUTH HAWTHORN WELLFIELD EXTENSION ~ ...J CD U1 W Cl < ...J o a:: ~ w in 0'> a:: U1 EVERGLADES CITY WELLFIELD ~ SCALE ~ m * WELLFIELD AREA o I o I SMI. RELIABILITY WELLS (BRACKISH OR FRESH WATER) ASR = AQUIFER STORAGE AND RECOVERY PREPARED BY: GRAPHICS AND TECHNICAl SUPPORT SEC'TlDN COM~UNITY DEVELOPIlENT AND ENVlRONIlENT AL SERVICES DIVISION SOURCE: COWER COUNTY PllU.U'TlON CONTROL AND PREVEN'TlON DEPT. DATE: 9/2006 FlLE: IIofPZR12-2oo6.DWC (/) Z (1-<( <(--.J ~o.... o wo ~o --.J OLL z :50 wZ cr: <( L. ;:) Q) f- ;:) l1.. o ~ L. a G:: >, -+-' C ::J a o (/) 0:::: a WO > 0:::: ~ ~ z z g g >- 15 ~ ~ ~ i "' ;i2 l:l ;~fl'iIS", i2~;o;ii!",~~~ hi~~ni~1 ~ .....N""......,.,CO,....ICO(J)O@ o _________N Z IS w ~ ~ 8 0 ~ -.J; ~~; ~ ii: ~~o~~- 8 l:l ~15g"'ii::r:;~-1 ~~i2~d8~-<ii: -<5~:::i!~"'~Q.J:~ ~~~b~~~~~ ":C".i,..;...t.nuir'aioici ~ IX) 0: U w~ ~~ BROWARD COUNTY COWER COUNTY DADE COUNTY COWER COUNTY ~ vi :;j 10 '" ~ ~ ~ ~ o u 15 ~ ::J '" <5 ~ o ::> 6~ '~:rs oot IX) 0: vi ~ IX) z o iii 5 ~c FVl Ow wu Vl5 ...ll:: [5~ 1l....J ll.< ~ ~~ ~~o ~~~ I5"' ~3~ 001 ~~~ ~ S1~3 I:::i!" !?;:@;~ ll::...J"- '-'~ ~~:g <Il 0 O/:N o wz~ ~::> ~~~ ll::0< Il.UO t 515~~ :I- t", 0 515~ u ~ 51 w ::> ~ ~ z ~ 0 w ~ .....J w <( ::I U cs:. ~ (J) ~ C) BROWARO COUNTY COWER COUNTY D"OE COUNTY COWER COUNTY >- 0.. (f) ~?( ?<~ <( >-0 >-~ mD) aI ~ ~ ~'" o::~~ l:J",~>- <(:g O>-t!:! "'~i5~"'~~ w rn~ ~~~~ ZZ~ ~ '" (f) l..L. 3 ~{Sn~~a~!~ :::> 0 w~ z a a.~ffi~~~~", 15 0 Z c W ri.lIicd,..:cr.:ioio....:Nn..t Z - :J <..9 .........__..............NNNNN <( 0::::0 w -l <(u --.J >- >->- ~>- >- l... ~ <>->-<<~"'(;i~< w ::::J .~ ",>-"'<<"'''' t!:! ",ID 0::: f-= !;!~~Iiiil~i :::> (f)8 f- :::> W u... ....:N~".:uicD"a:iai5!::~ ltl ..... :;: vi ::i ~ OJ Ii <.i ~ ~ z z i5 i5 u u ~ i u '" ~ 1= z z g g >- '" '" '" ~ ~ :I: U 6Z '~rs <l .... co Ii vi I'? ... a Vi z~ 00 F'", Uw wu "'5 ,....0:: ~~ Q.-J La Q.< ~ :>,.... "'z -J~~ 5\5~~ jz -00 Zo:: . '"- "'5'" ~~~ 0 o oct, U ~ 0 W zZ", '" ....J :i <<I '" <( ",""':> \5 U .., uz-J ~ VJ x~w ~~:! a "'-J"- <:l\ji ;;~~ OJ 0 0 8~~ "'z'" <:> fu~~ "'0< Q.uo ~ ~ g:. C) ~ \5 ~ ~ FUTURE LAND USE MAP SOilS Western Collier County, Florida HENDRY COUNTY SOIlS Of THE t.lANt.lADE AREAS G IJR8AHZED - UDOATHEHTS - IASINCER A.SSOCI,t.TKlN SOIlS Of THE 110Al. AREAS ~ DUUH - WUl..If}ff - CANAWJW.. ASSOC&A.noN ~ IC[SSClH - NCl.Ott - _ ASSllCW10H SClLS Of THE SWAWPS. PRAIRIES AND FRESHWATER WAIISHES ~. 0CHlPEE - P~ ASSClClI>11CH 5. RMW - BOCA - COPfl.NC) ASSOC"'noN .. WlND[R - RMERA - tHOlE[ ASSOCIATION W. :~ ~ ;: ~~ =::0 HAWWDO<S L ..WOKAl...El: - BASaNCER - 0l..DSWAA ASSOaAnoN t. HOLOPAW - BASINGER - IMiOKAI..a ASSOCIATION 10. WABASSO - 'MHOER - HCJLCPAW ASSOCIAnoN PlEAS[ HOT[ THA.T na LEOEJrI) NID AnACHED 0fNERAL SOIU YAP NilE. PREUWINAR'I' 0RAF1'S. MINOR ADJUST\lEHTS W. UKE1. y BEfOR[ PUll.JCAllCN. LEGEND :I: ", Z o ~ MrTDltS AlSS BIG CYPRESS SWAMP C'I ~ '"" o ,., Ul o r= o ""'\ ~ 1;'\ x -- Cl o (.) SCALE I I 0 SMI. SOURCE: U.S. DEPARTI.lENT OF' AGRICULTURE, SOil CONSERVATION SERVICE, JUNE 1988 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 9/2006 F'llE: lU-94-2006.DWG EACH AREA OUTLINED ON THIS w.P CONSISTS OF' MORE THAN ONE KIND OF' SOIL THE w.P IS THUS MEANT F'OR GENERAL PLANNING RATHER THAN A BASIS F'OR DECISIONS ON THE USE OF' SPECIF'IC TRACTS. BROWARD COUNTY DADE COUNTY CDLUER COUNTY CDLUER COUNTY ---1 0.. <{U) ~ <( O::::w 0 11I l:J I!:! :::?: Wr- l:::l ~ g;~~~ z- 'i: W 0 0 ~~i5~~ -U) .. (j) L c;:: i!: :J )( ~~~::J.l: Z >-. .... l5~ ~lX 0 ---10 -+-' . U:;"":<<iaig C vi Z <{- :J .... ;;: <( -r- 0 5 ~ UU u < vi O::::<{ "- ~ :i W L Cl 0::: WO:::: Q) Z VI F :J Lr- < ... Vl t- o 0 > Vl I!:! LX < ::> :J U z ~t3g; ii'l l.L OW W Vl 0 UJ"'o UJ U w 0:5~~~ 0 -.J S~~ t3~ a ~-<.?~o::l )( l/'J UJ " 1!:!!:2~~Z~ I!! I VlIIl...J ~< ...:C'i ,..j~ui 0 z l/'J . ~ II) ci d ..,. . ....~ ..,. II) ~~ N ci i!: . CD vi .., . . II) ~ . . 01 . ~ II) ci U ~ ~ z z 3 3 u u ffi l'J ~ ~ U ::I ~ ~ z z g g >- f5 ~ g 6(; '~rs " ~ ~ ce. (::) t ~ 1=l!5~ o ~ z o U II w ::I l!5 ~ O~ z o v; z~ 00 FVl UUJ ~~ ...", ~~ a...... 0.< ~ ~!z -J~" ~~~ ~~~ ~~~ ~~~ <<I ~ i~~ ~gG: Cl~ ~~8 O~N o wz~ ~i.. fu:::E~ "'0< 0.<.>0 t 5l!5~! ,,- 8 II w '" 15 ~ ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 16, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE ARE MASTER PLAN FUTURE LAND 1 USE MAP AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ATTEST: DWIGHT E. BROCK, CLERK ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 'lli 011, ~ -/Jb-1l~ MAR~ M. ST DENT-STIRLING '6 ASSISTANT COUNTY ATTORNEY 2007 GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 2 Golden Gate Area Master Plan to BCe for Adoption 1-17.07 EXHIBIT "A" Goal~, Objectives and Policies Golden Gate Area Master Plan Element GOAL 1: [No change to text, page 5] OBJECTIVE 1.1: [No change to text, page 5] Policy 1.1.1: [Revised text, page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: +.A. URBAN - MIXED USE DISTRICT it;- .1. Urban Residential Subdistrict &- 2. High Density Residential Subdistrict .l. Downtown Center Commercial Subdistrict ?-. B. URBAN - COMMERCIAL DISTRICT it;- 1. &- 2. c. d. e. f.. .l. g-: 4. h. t:- ~ Activity Center Subdistrict Golden Gate Urban Commercial Infill Subdistrict Commercial Under Criteria Subdistrict Interchange L^1cti','ity Center Subdistrict Pine Ridge Road Mixed Use Subdistrict Santa Barbara Commercial Subdistrict Golden Gate Parkway Professional Office Commercial Subdistrict Do'.vntO'vvn Center Commercial Subdistrict Collier Boulevard Commercial Subdistrict Policy 1.1.2: [Revised text, page 5] The EST A TES Future Land Use Designation shall include!! Future Land Use Districts and Subdistricts for: A. ESTATES - MIXED USE DISTRICT a-:.1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict B. EST A TES - COMMERCIAL DISTRICT Words underlined are added; words ctruol< through are deleted. -".,,,,rtRt;. Golden Gate Area Master Plan to BCC for Adoption 1.17.07 411. Interchange Activity Center Subdistrict ~2. Pine Ridge Road Mixed Use Subdistrict 3.=.1 Randall Boulevard Commercial Subdistrict 4.=.1 Commercial Western Estates Infill Subdistrict ?15. Golden Gate Estates Commercial Infill Subdistrict 2) Neighborhood Centcr Subdistrict 5) Conditional Uses Subdistrict 6) Southcrn Golden Gate Estates Natural Resource Protection L\rea O'/erlay Policy 1.1.3: [Revised text, page 5.1] The AGRICULTURAL/RURAL Future Land Use Designation shall include the following Future Land Use District: A. RURAL SETTLEMENT AREA DISTRICT Policy 1.1.4: [New text, page 7] Overlays and Special Features shall include: A. Southern Golden Gate Estates Natural Resource Protection Overlav Policy 1.1.4 ~: [Renumbered, revised text, page 7] Conditional Use requests within Golden Gate Estates shall adhere to the guidelines outlined in the Conditional Uses Subdistrict Dcscription Section. Policy 1.1.S 6: [Renumbered, revised text, page 7] To obtain Conditional Use approvaL a super maiority vote (minimum of 4 votes) requests shall be approvcd by the Board of Zoning Appeals County Commissioners shall be required by a Supcr Majority (1/5 vote). Policy 1.1.6 Z: [Renumbered, page 7] Policy 1.1.1 ~: [Renumbered, revised text, page 7] The sites containing eXIstmg public educational plants and ancillary plants, ant the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary, within the GGAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.+4 U and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sectional 163.3177 (6) (h) and 163.31777, Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants Words underlined are added; words struok through are deleted. 2 ~_.,""~. Golden Gate Area Master Plan to BeC for Adoption 1-17-07 and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.+4 15. OBJECTIVE 1.2: [No change to text, page 7] Policy 1.2.1: [No change to text, page 7] Policy 1.2.2: [No change to text, page 7] Policy 1.2.3: [Revised text, page 7] Consistent with Florida Chapter 89-169, Florida Administrative Code, Law f:t89 169, the Florida Cities Vvater Company Governmental Utilities Authority, or its successor, shall provide updated water and sewer service data to the Collier County Utilities Diyision Water and Wastewater Authority on an annual basis. Policy 1.2.4: [Revised text, page 8] Due to the continued use of individual septic systems and private wells within a densely platted urban area, the Florida Cities Water Company Governmental Utilities Authority, or its successor, is encouraged to expand their sewer and water service area to include all of that area known as Golden Gate City at the earliest possible time. OBJECTIVE 1.3: [Revised text, page 8] The County shall continue to protect and preserve the valuable natural resources within the Golden Gate 5ftl€l.y area in accordance with the Obiectives and Policies contained within Goals 6 and 7 of the Collier County Conservation and Coastal Management Element. Policy 1.3.1: [Revised text, page 8] The Planning Collier County Environmental Services Enyironmental Review staff Department shall coordinate its planning and permitting activities within the Golden Gate Area with all other applicable environmental planning, permitting and regulatory agencies units of local governments involved in land use activities, permitting, and regulating to ensure that all Federal, State and local natural resource protection regulations are being enforced. OBJECTIVE 1.4: [Revised text, page 8] Through the enforcement of the Land Development Code and the housing and building codes, Collier County shall continue to Fl2.rovide a living environment within the Golden Gate Area, which is aesthetically acceptable and enhances the quality of life. Policy 1.4.1: [No change to text, page 8] Words underlined are added; words ctruck through are deleted. 3 --+~ Golden Gate Area Master Plan to BeC for Adoption 1-17-07 GOAL 2: [No change to text, page 8] OBJECTIVE 2.1: [Revised text, page 8] Immediately upon the adoption of Objective ~ublic infrastructure improvements \vill be shall be handled guided by the following policies. Policies 2.1.1 through 2.1.4: [No change to text, page 8] OBJECTIVE 2.2: [No change to text, page 9] Policy 2.2.1: [No change to text, page 9] Policy 2.2.~~: [Renumbered, revised text, page 9] Immediately upon adoption of this policy, Collier County shall continue to implement a system for reviewing applications for development in SGGE, which will include the following two step procedure~: Step I: PFe applicatioR PFoeedtiFe: A. Notice to the DEP's Bureau of Land Acquisition of the application within 5 days of receipt;-:. B. Notice to the applicant of DEP's acqulSltlOn program, the lack of public infrastructure and the proposed restoration program for SGGE the area;-:. C. Within the notice of DEP' s acquisition program, the applicant shall be encouraged to contact DEP's Bureau of Land Acquisition to determine and negotiate whether DEP intends to purchase the applicant's property at fair market value-;-:. D. Prior to the processing of an application for development approval, (Step II) the applicant shall provide to the County proof of coordination with DEP. Upon execution of a contract for sale, the pre-application shall be placed in abeyance pending completion of the purchase by DEP",:. Step II: i\pplicatioR Review ProceduFe: E. The County shall review the environmental impacts of the application in order to minimize said impact-;-:. F. The County shall apply Section 2.2.21.3.2 4.02.14, Development Standards and Regulations for ACSC-ST of the County's Unified Land Development Code or Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern", whichever is stricter-;--a-Rti,:. Words underlined are added; words E:truol< through are deleted. 4 -, ".,.".. Golden Gate Area Master Plan to BCe for Adoption 1-17.07 G. The County shall provide a maximum review and processing time of 180 days from the date of commencement of the f*e-application procedure~ before any development permits are issued. GOAL 3: [No change to text, page 9] OBJECTIVE 3.1: [Revised text, page 10] The placement and designation of Neighborhood Centers within Golden Gate Estates shall meet the locational and rural design criteria, to be established as part of the Phase II Goldcn Gate /\.rea Master Plan Restudy Amcndments, to be transmitted during the 2003 Plan i\mendmcnt Cycle contained within the Estates Designation, Estates-Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element, of the Collier County Growth Management Plan. Policy 3.1.1: [Revised text, page 10] Neighborhood Centers within Golden Gate Estates shall be subject to the locational and rural design criteria established within the Estates Designation, Estates - Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element, of the Collier County Growth Management Plan. GOAL 4: [No change to text, page 10] OBJECTIVE 4.1: [Revised text, page 10] Development and redevelopment within Golden Gate City shall focus on the provision of residential and commercial land uses that meets- the needs of the surrounding area. Policies 4.1.1 through 4.1.3: [No change to text, page 10] GOAL 5, 6 and 7 and related policies: [No change to text, pages 11 - 15] BoLAND USE DESIGNATION DESCRIPTION SECTION [Remove numbering, no change to text, page 16] 1. URBAN DESIGNATION: URBAN MIXED USE DISTRICT AND URBAN COMMERCIAL DISTRICT [Revised title, page 16] BoA. Urban-Mixed Use District: [Re-Iettered, no change to text, page 17] Ij.Urban Residential Subdistrict: [Modify number, page 17] Words underlined are added; words ctruok through are deleted. 5 .~~, Golden Gate Area Master Plan to BCe for Adoption 1-17-07 DENSITY RATING SYSTEM: [Revised text, pages 17 - 18] a) BASE DENSITY - Four (4) residential units per gross acre is the eligible density, though not an entitlement which may be adjusted depending upon the characteristics of the project. In no case shall the maximum permitted density exceed 16 residential dV/elling units per gross acre. b) DENSITY BONUSES - Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. The following densities per gross acre may be added to the base density", .;- In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. i. Conversion of Commercial Zoning Bonus [Revised text, page 17] · 16 dwelling units - !if Hie g project includes the conversion of commercial zoning wlTi:e:h that has been found to be "Consistent By Policy" through the Collier County Zoning Re-evaluation Program (Ordinance No. 90-23), then is not located ,;.'ithin an /\ctivity Center or which is not consistent '.'lith adopted siting criteria for commercial land use, a bonus of up to 16 dwelling units per acre may be added for everyone ill acre of commercial zoning wlTi:e:h that is converted to residential zoning. These dwelling units may be distributed over the entire project. The project must bc compatible '.vith surrounding land uses. ii. Proximity to Activity Center . Hi dwelling units \Vithin an }..ctivity Center · 3 dwelling units - Within I mile of Activity Center iii. Affordable-workforce Housing Bonus as defined by thc i\ffordable Housing Density Bonus Ordinance (#90 89 adopted November 22, 1990) [Revised text, page 17] · To encourage the provlSlon of affordable-workforce housing within certain Districts and Subdistricts within the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the proiect meets the definitions and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended, adopted June 22, 2004 and effective October 18, 2004 ). *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words struok through are deleted. 6 ,,"-...... Golden Gate Area Master Plan to BCC for Adoption 1-17.07 21. High Density Residential Subdistrict [Modify number, page 18] 3). Commercial Under Criteria Subdistriet: [Delete text, page 21] '.Vithin the Urban Mixed Use District certain in fill commercial development may be permitted. This shall only apply in areas already substantially zoned or developed for s1:lch uses. For any project utilizing this Subdistrict, the follm,ving criteria shall be met: · The subject parcel is bounded on both sides by improved commercial property or commercial zoning consistent with the Golden Gate L\rea Master Plan; or, · The subject parcel is bounded on both sides by commercial property granted an exemption or compatibility exception as pro','ided for in the Zoning Re cvaluation Ordinance; and · The subject parcel is no more than 200 feet wide, unless otherv/isc approved by the Board of C01:lnty Commissioncrs. · Uses that meet the intent of the C lIT Commercial Professional and General Office Zoning District shall be bounded on one side by commercial zoning. ~3. Downtown Center Commercial Subdistrict: [Relocated, revised text, from page 29] The primary purpose of the Downtown Center Commercial Subdistrict (see Map 17) is to encourage redevelopment along Golden Gate Parkway in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas, such as outdoor dining areas and pocket parks that do not impede the flow of traffic along Golden Gate Parkway. Also, emphasis shall be placed on the construction of mixed-use buildings. Residential dwelling units constructed in this Subdistrict are intended to promote resident-business ownership for cmployecs vlho 'vvorlc \vithin Golden Gate City or Golden Gate Estates, retirees, and scasonal residents. The provisions of this Subdistrict are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that are compatible with residential development within and outside of the Subdistrict. The Subdistrict allows the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this Subdistrict are low intensity retail, office, personal services, institutional, and residential. Non-residential development is intended to serve the needs of residents within the Subdistrict, surrounding neighborhoods,' and passersby. To reduce potential conflicts that may result from residential, commercial and institutional uses in close proximity to one another, existing, non-owner-occupied residential units with frontage on Golden Gate Parkway shall cease to exist no later than Words underlined are added; words struck through are deleted. 7 ,,~~ Golden Gate Area Master Plan to BCC for Adoption 1-17-07 seven (7) years after the effective date of the adoption of this Subdistrict. This regulation does not require the removal of residential units located on Golden Gate Parkway that are converted to uses permitted in this Subdistrict within one additional year; nor does this Subdistrict require the removal of residential units located elsewhere in this Subdistrict. A. All development or redevelopment within the boundaries of the Downtown Center Commercial Subdistrict shall include: 1. Provisions for bicycle and pedestrian travel. 2. An emphasis on building aesthetics. 3. Emphasis on the orderly circulation of vehicular, bicycle and pedestrian traffic. 4. Provision for broad sidewalks or pathways. 5. Enhanced streetscaping. 6. Proiect interconnections, where possible and feasible. 7. Quality designs for building fa<;ades, including lighting, uniform signage and landscaping. B. Permitted uses within this Subdistrict shall include only the following, except as may be restricted in an implementing zoning overlay district, and except as may be prohibited in Paragraph D, below: 1. Those uses permitted by right within the C-l, C-2 and C-3 Zoning Districts, as outlined in the Collier County Land Development Code (LDC) in effect on the date of adoption of this Subdistrict in the GGAMP; and, 2. Residential uses permitted by right in the existing residential zoning districts in this Subdistrict. 3. Those permitted uses that may be allowed in an implementing zoning overlay district. C. Conditional uses allowed by this Subdistrict shall include only: 1. Those conditional uses allowed within the C-l, C-2 and C-3 Zoning Districts, as outlined in the LDC in effect on the date of adoption of this Subdistrict in the GGAMP; 2. Those conditional uses allowed, by the LDC in effect on the date of adoption of this Subdistrict in the GGAMP, within existing residential Zoning Districts in this Subdistrict; 3. Those conditional uses that may be allowed in an implementing zoning overlay district; and, 4. Outdoor dining areas not directly abutting the Golden Gate Parkway right- of-way. Words underlined are added; words ctruok through are deleted. 8 '- Golden Gate Area Master Plan to Bee for Adoption 1,17.07 D. Prohibited uses in this Subdistrict are as follows: 1. Automatic food and drink vending machines located exterior to a building. 2. Any commercial use employing drive-up, drive-in or drive-through delivery of goods or services. 3. Enameling, painting or plating as a primary use. However, these uses are permitted if secondary to an artist's or craft studio. 4. Single-room occupancy hotels, prisons, detention facilities, halfway houses, soup kitchens or homeless shelters. 5. Uses as may be prohibited in an implementing zoning overlay district. E. For multi-story buildings: 1. Retail, personal service, and institutional uses are allowed on the first floor; 2. All uses allowed by this Subdistrict, except restaurants and cocktail lounges, are allowed on the second floor; and, 3. Only residential uses are allowed on the third floor. F. All development and redevelopment on property abutting Golden Gate Parkway shall have a zero (0) foot front yard setback requirement. G. Parking regulations shall be as follows: 1. A minimum of three (3) public parking spaces for each 1,000 square feet of commercial floor area. 2. A minimum of 1 Y2 parking spaces for each residential unit. 3. No parking is allowed in the front yard on lots abutting Golden Gate Parkway. 4. There shall be no parking requirement for outdoor restaurant seating areas. 5. Shared parking is required, where possible and feasible. B. U rbaD Commercial Districts [Revised, relocated text, from page 18-31] H. Mixed Use Activitv Center Subdistrict [Revised text, page 18] The Activity Center designated on the Future Land Use Map is intended to accommodate commercial zoning within the Urban Designated Area. Activity Centers are intended to be mixed-use (commercial, residential, institutional) in character. The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The size and configuration of the Activity Center is outlined on Map 4. Words underlined are added; words struck through are deleted. 9 --~ Golden Gate Area Master Plan to BCC for Adoption 1-17-07 The standard for intensity of commercial uses allowed within each Activity Center is tflat: the full array of commercial uses allowed in the C-l through C-5 Zoning Districts as identified in the Land Development Code (Ordinance No. 04-41, adopted June 22, 2004 and effective October 18, 2004) may be allov/ed. Hotels and motels that locate within an Activity Center will be allowed to develop at a density consistent with the Land Development Code Zoning Ordinance. L\ll ne\-\' residcntial zoning shall be consistent '.'lith the Density Rating System. Residential density for residential proiects located within the boundaries of the Mixed Use Activity Center shall be allowed to develop at a density of up to 16 residential units per gross acre. This density may be distributed throughout the proiect, including any portion located outside of the boundary of the Mixed Use Activity Center. f2t. Golden Gate Urban Commercial Inflll Subdistrict [No change to text, page 21] 3) Commereial URder Criteria Sabdistriet [Deleted text, page 21] Within the Urbun Mixed Use District certain in fill commercial dcyelopment may be permitted. This shall only apply in areas already substantially zoned or dcyeloped for such uses. The follo'.ving standards, v:hich limit the intcnsity of uses, must be met: a) The subjcct parcel must: · Must be bounded on both sidcs by improved commercial propcrty or commercial zoning consistent '.vith the Golden Gatc L''--rea Mastcr Plan; or, · Must be boundcd on both sides by commercial property granted an exemption or compatibility exception as provided for in the Zoning Re cyaluation Ordinance; · Should not exceed 200 feet in width, although the v..idth may be greater at the discretion of thc Board of County Commissioncrs. Uses that meet the intcnt of thc C 1fT Commcrcial Professional/Transitional District are only required to be bounded on one side by improved commercial property or consistcnt commercial zoning or commercial propcrty granted an exemption or compatibility exception as provided in the Zoning Re evaluation Ordinance. 4) IRterehaRge f.etiyity Ceater Sabdistriet [Relocated to Estates Designation, Estates - Mixed Use District, Residential Estates Subdistrict, page 23] On the friRges of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Intcrchangc Activity Center it 10 at I 75 and Pine Ridge Road us detailed in the County '.vide Future Land Use Elcment (FLUE). Parcels within this L\ctivity Center are subject to the County ',vide FLUE and not this Master Plan. See Map 6 for a detailed map of this L\ctivity Centcr. Words underlined are added; words ctruok through are deleted. 10 .-Ci-~ Golden Gate Area Master Plan to BeC for Adoption 1-17-07 5) Pine Ridge Road Mixed Use Subdistrict [Relocated to Estates Designation, Estates - Mixed Use District, Estates - Commercial Subdistrict, page 23] LA1djacent to Interchange Activity Center #10 on the west side of I 75 and on the north side of Pine Ridge Road is a property comprising 16.23 acres located to the 'Nest of the Naples Gateway PUD, which is designated as the Pine Ridgc Road Mixed Use Subdistrict and consists of Tracts 1, 12, 13 and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Pagc 85, of the Public Records of Collier County. Thc intent of the Pine Ridge Road Mixcd Use Subdistrict is to provide for a mix of both retail and office uses to provide for shopping, and personal services for the surrounding residential arcas '.vithin a convenient travel distance, and to provide commercial services in an acceptable manner along a collector roadway, Livingston Road. \Vell planned access points \-vill be used to improve current and future traffic flO'NS in the area. \Vithin this Subdistrict no more than 35,000 square feet of office rclatcd uses on 1.3.2 acres are permittcd ','lithin the eastern portion of this property v,'hich includes a portion of Tract 28 and a portion of Tract 13. LA... maximum of 80,000 square fcet of gross leaseable retail or office area, as allo'lled in the Commercial Intermediate District (C 3) of the Collier County Land Dcvclopment Code as of the effective date of the adoption of this Subdistrict [Ordinance No. 03 01, adopted January 16, 2003], are permitted within thc '.vestern 10.52 acres of this property. The C 3 uses are not an entitlement. Such uses will be further evaluated at the timc of rezoning approval to insure appropriateness in relationship to surrounding properties. Building heights shall be limited to 35 feet. L\ rezone to such permitted principal uses shall be encouragcd to bc submitted as a Planncd Unit Deyelopmcnt for the western 10.52 acrcs of the subject property, ','lith special attention to be proyided for shared access. Water management, uniform landscaping, signage, screening and buffering will be proyided at the timc of rczoning to ensure compatibility with nearby residential areas, and subject to the follo"ving additional criteria: . There shall be no access onto Livingston 'Noods Lane. . There shall be a minimum setback area along the north property line of 75 feet. . Drive',','ay acccss, parking and ',vater management facilities may be allowed within the 75' setback area along the north property line but none of these uses shall be located closer than 30 feet to the north propcrty line. . No freestanding automobile parking lots, homeless sheltcrs or soup kitchens shall be pcrmitted. . The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. . \Vithin thc wcstcrn 10.52 acres, a loop road/easement ,,'till be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this Subdistrict. (t3~. Santa Barbara Commercial Subdistrict [Renumbered, text, page 25] Words underlined are added; words struok through are deleted. 11 .....!I!~ Golden Gate Area Master Plan to BCC for Adoption 1-17-07 +4.}. Golden Gate Parkwav Professional Office Commercial Subdistrict [Renumbered, page 27] 8) Downtown Center Commercial Subdistrict [Relocated to Urban Designation, Urban Mixed Use District, pages 29 - 31] The primary purpose of the DO'l/ntown Center Commercial Subdistrict (see Map 17) is to encourage redevelopment along Golden Gate Parlnvay in order to improve the physical appearance of the area and create a viable dO'vVnto'vVn district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on thc creation of pedestrian oricnted areas, such as outdoor dining areas and pocket parks, \.vhich do not impede thc flmv of traffic along Golden Gate Park'.vay. Also, emphasis shall be placed on the construction of mixed use buildings. Residential d'l;elling units constructed in this Subdistrict are intended for employees who 'Nork within Golden Gate City or Golden Gate Estates, retirees, and seasonal residents. The proyisions of this Subdistrict are intended to ensure harmonious de'/elopment of commercial and mixed use buildings at a pedestrian scale that are compatible with residential deyelopment v;ithin and outside of the Subdistrict. The Subdistrict allov;s the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this Subdistrict are low intensity retail, office, personal services, institutional, and residential. Non residential development is intended to serve the needs of residents within the Subdistrict, surrounding neighborhoods, and passersby. To reduce potential conflicts that may result from residential, commercial and institutional uses in close proximity to one another, existing, non mvner occupiod residential units located along Golden Gate Parkway shall cease to exist no later than seven (7) years after the effective date of the adoption of this Subdistrict. This regulation does not require thc remoyal of residential units located on Golden Gate Parkway that are converted to uses permitted in this Subdistrict '.'/ithin one additional year; nor does this Subdistrict require the removal of residential units located elsev;here in this Subdistrict. \Vithin one year of the effective date of this Subdistrict, the Land Development Code shall be amended to establish a zoning overlay containing regulations to implement this Subdistrict: ,\. ,\11 development or redevelopment within the boundaries of the Downto'.vn Ccnter Commercial Subdistrict shall include: 1. Proyisions for bicycle and pedestrian travel. 2. ,\n emphasis on building acsthetics. 3. Emphasis on the orderly circulation of vehicular, bicycle and pedestrian traffic. ~. Proyision for broad sidc'.valks or path'.vays. 5. Enhanced streetscaping. 6. Project interconnections, wherc possible and feasible. Words underlined are added; words ctruck through are deleted. 12 ~:..,.~~ Golden Gate Area Master Plan to BCC for Adoption 1-17-07 7. Quality designs for building facades, including lighting, uniform signage and landscaping. B. Permitted uses \vithin this Subdistrict shall include only the following, except as may be restricted in an implementing zoning overlay district, and except as may be prohibited in paragraph D, belo'N: 1. Those uses permitted by right '.vi thin the C 1, C 2 and C 3 zoning districts, as outlined in the Collier County Land Development Code (LDC); and, 2. Residential uscs permitted by right in thc existing residcntial zoning districts in this Subdistrict. 3. Those permitted uses that may be allo'.ved in an implementing zoning overlay district. C. Conditional uses allo'.ved by this Subdistrict shall include only: 1. Those conditional uses allov/ed \vithin the C 1, C 2 and C 3 zonIng districts, as outlined in the LDC; 2. Thosc conditional uses allmoved within existing residential zoning districts in this Subdistrict; 3. Those conditional uses that may be allo'vVed in an implementing zoning overlay district; and, 1. Outdoor dining areas not directly abutting the Golden Gate Parkv/ay right of '.vay. D. Prohibited uses in this Subdistrict are as follo':/s: 1. Automatic food and drink vending machines located exterior to a building. 2. L'\ny commcrcial usc employing drive up, driye in or driye through delivery of goods or services. 3. Enameling, painting or plating as a primary use. HO'.vever, these uses are permitted if secondary to an artist's or craft studio. 1. Single room occupancy hotels, prisons, dctention fncilities, halfway houscs, soup kitchens or homeless shelters. 5. Uses as may be prohibited in an implementing zoning overlay district. E. For multi story buildings: 1. Only retail, personal service, and institutional uses are allO'.ved on the first fleer, 2. L'\ll uses allowed by this Subdistrict, except rcstaurants and cocktail lounges, arc allov/ed on the second floor; and, 3. Only rcsidential uses are allowed on the third floor. Words underlined are added; words struok through are deleted. 13 --..~);;;, Golden Gate Area Master Plan to BeC for Adoption 1-17-07 F. /\ll development and redevelopment on property abutting Golden Gate Parkway shall have a zero (0) feet front yard setback requirement. G. Parking regulations shall be as follO'.vs: 1. L^. minimum of three (3) public parking spaccs for each 1,000 square feet of commercial floor area. 2. L\ minimum of 1 ~/2 parking spaces for each residential unit. 3. No parking is allo\ved in the front yard. 1. There shall be no parking requirement for outdoor restaurant seating areas. 5. Shared parking is required, v..here possible and feasible. H. Outdoor restaurant seating shall be permitted to encroach upon a public side....valk provided that a minimum 5 feet clearance remains betv.;een the seating area and the street\vard edge of the side'.valk. 95.}. Collier Boulevard Commercial Subdistrict [Renumbered, page 31] 2. ESTATES DESIGNATION [Revised text, page 32] This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record. exclusive of guesthouses. Intensifying residcntial density shall not be permitted. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings. are prohibited in all Districts and Subdistricts in this Designation. fhA. Estates-Mixed Use District [No change to text, page 32] I.}. Residential Estates Subdistrict [Revised text, page 32] Single-family residential development may be is allowed within the Estates Mixod Use District this Subdistrict at a maximum density of one unit per ~ 2.25 gross acres. or one unit per l:lflles.s thc lot is considered a legal non-conforming lot of record. exclusive of guesthouses. 2:.t Neiehborhood Center Subdistrict [Renumbered, relocated text, from page 32] · Immokalee Road and Everglades Boulevard Center [Revised and relocated text from page 33] Thc Immokalee Road and E'/erglades Boulevard Center is located in the SVI and SE quadrants of the intersection (see Map 13) and the parcels lie east and south of the Fire Station. Thc portion of the Center lying south of the Fire Station is approximately 5.15 acres in size and consists of Tract 128, Unit 17. The Words underlined are added; words ctruok through are deleted. 14 .--~ Golden Gate Area Master Plan to BCe for Adoption 1-17-07 southeast quadrant of the Center, lying east of the Fire Station, is approximately 1.05 acres in size and consists of Tracts 113 and 16, Unit 16. The Immokalee Road and Everglades Boulevard Center is located in the southwest and the southeast quadrants of the intersection. This Center consists of three Tracts: Tract 128, Unit 47, is 5.15 t, acres and is located within the southwest quadrant of the Center, south of the fire station; and, Tracts 113 and 16, Unit 46, are 4.05 ;tacres and 5.15 j; acres respectively, and are within the southeast quadrant of the Center, east of the fire station. Sj3. Conditional Uses Subdistrict [Renumbered, relocated text, from page 41] B. Estates - Commercial District [New text, page 43] 4tl. Intercham!e Activitv Center Subdistrict [Renumbered, relocated text, from page 23] On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interchange Activity Center # 10 at 1-75 and Pine Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Activity Center are subiect to the County-wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. Sj2. Pine Ridee Road Mixed Use Subdistrict [Renumbered, revised, relocated text, from page 23] This Subdistrict is adiacent to the northwest quadrant of Interchange Activity Center #10, west of the Naples Gateway PUD, and comprises 16.23 acres. It consists of Tracts 1, 12, 13 and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The intent of the Pine Ridge Road Mixed Use Subdistrict is to allow for a mix of both retail and office uses to provide for shopping and personal services for the surrounding residential areas within a convenient travel distance and to provide commercial services appropriately located along a collector roadway, Livingston Road. Well-planned access points will be used to improve current and future traffic flows in the area. Within this Subdistrict no more than 35,000 square feet of office-related uses on +3.2 acres are permitted within the eastern portion of this property. which includes a portion of Tract 28 and a portion of Tract 13. A maximum of 80,000 square feet of gross leaseable retail or office area, as allowed in the Commercial Intermediate District (C-3) of the Collier County Land Development Code in effect as of the effective date of the adoption of this Subdistrict rOrdinance No. 03-01, adopted January 16, 20031, are permitted within the western 10.52 acres of this property. The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning application to insure appropriateness in relationship to surrounding properties. A rezoning of the western 10.52 acres is encouraged to be in the form of a Planned Unit Development. Regulations for water management, uniform landscaping, signage, Words underlined are added; words struok through are deleted. 15 "~ Golden Gate Area Master Plan to BeC for Adoption 1-17-07 screening and buffering will be included in the rezoning ordinance to ensure compatibility with nearby residential areas, and shall be subiect to the following additional criteria: . There shall be no access onto Livingston Woods Lane. . Shared access shall be encouraged . Building heights shall not exceed 35 feet. · There shall be a minimum setback area of 75 feet along the northern property line. · Driveway access, parking, and water management facilities may be allowed within the 75 foot setback area along the northern property line, but none of these uses shall be located closer than 30 feet to this line. · No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted. · Within the eastern portion of Tract 28, 2.2 acres, more or less, shall be preserved as wetlands and no development shall occur within that area. · Within the western 10.52 acres, a loop road shall be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this Subdistrict. 4.Sj Randall Boulevard Commercial Subdistrict [Renumbered, page 38] 5.6) Commercial Western Estates Infill Subdistrict [Renumbered, page 40] ~ Golden Gate Estates Commercial Infill Subdistrict [Renumbered text, page 44] 3. AGRICUL TURAL/RURAL DESIGNATION RURLA.L SETTLEl\fENT ARELA. DISTRICT [Revised text, page 47] Rural Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970_ In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 2ih day of January, 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested." This area is now known as comprised of the Orange Tree PUD and Orange Blossom Ranch PUD, and the types of uses permitted in this District include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. Words underlined are added; words struok through are deleted. 16 .-~~~ Golden Gate Area Master Plan to BCC for Adoption 1-17-07 By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status. The geographic expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. 4. OVERLA YS AND SPECIAL FEATURES [New heading, page 47] Southern Golden Gate Estates Natural Resource Protection Overlav [Relocated text from page 43] MAP AMENDMENTS FOR GOLDEN GATE AREA MASTER PLAN ELEMENT Map 1 - GOLDEN GATE AREA MASTER PLAN STUDY AREAS [Relocate Map to end of document after text, page 3] Map 2 - GOLDEN GATE AREA FUTURE LAND USE MAP - Reformat the Map Legend consistent with the countywide FLUM, to include: Designations for Urban, Estates, and Agricultural/Rural; Districts for Mixed Use and Commercial within the Urban and Estates Designations; a single District for the Agricultural/Rural Designation; and, Subdistricts within each Mixed Use and Commercial District; and add a new heading/category for "Overlays and Special Features"; ftB:ti. remove/delete "Residential Density Band" to correlate with changes to the Density Rating System; and, Delete "Naples" in the label "Naples - Immokalee Road". [Relocate Map to end of document after text page 6] Map 3 - HIGH DENSITY RESIDENTIAL SUBDISTRICT/1989 BOUNDARIES OF ACTIVITY CENTER [Relocate Map to end of document after text, page 19] Re-numbered Map 4 - DOWNTOWN CENTER COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 21] Re-numbered Map 5 - URBAN MIXED USE ACTIVITY CENTER/GOLDEN GATE PARKWAY AND CORONADO PARKWAY [Relocate Map to end of document after text, page 26] Words underlined are added; words ctruck through are deleted. 17 ,-~'ll;l.: Golden Gate Area Master Plan to BeC for Adoption 1-17 -07 Re-numbered Map 6 - GOLDEN GA TE URBAN COMMERCIAL INFILL SUBDISTRICT AND GOLDEN GA TE EST A TES COMMERCIAL INFILL SUBDISTRICT [Relocate Map to end of document after text, page 25] Re-numbered Map 7 - SANTA BARBARA COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 28] Re-numbered Map 8 GOLDEN GATE PROFESSIONAL OFFICE COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 30] Re-numbered Map 9 - COLLIER BOULEVARD COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 32] Re-numbered Map 10 - PINE RIDGE ROAD (CR. 896) - INTERCHANGE ACTIVITY CENTER AND PINE RIDGE ROAD MIXED USE SUBDISTRICT [Relocate Map to end of document after text, page 34] Re-numbered Map 11 - GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS [Relocate Map to end of document after text, page 36] Re-numbered Map 12 - WILSON BOULEVARD/GOLDEN GA TE BOULEVARD CENTER [Relocate Map to end of document after text, page 38] Re-numbered Map 13 - COLLIER BOULEVARD (CR. 951)/PINE RIDGE ROAD CENTER [Relocate Map to end of document after text, page 39] Re-numbered Map 14 - EVERGLADES BOULEVARD/GOLDEN GATE BOULEVARD CENTER [Relocate Map to end of document after text, page 40] Re-numbered Map 15 - IMMOKALEE ROAD (CR. 846)/EVERGLADES BOULEVARD CENTER [Relocate Map to end of document after text, page 41] Re-numbered Map 16 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 40] Re-numbered Map 17 - COMMERCIAL WESTERN ESTATES INFILL SUBDISTRICT [Relocate Map to end of document after text, page 45] Re-numbered Map 18 - GOLDEN GATE PARKWAY INTERCHANGE CONDITIONAL USES AREA [Relocate Map to end of document after text, page 48] Re-numbered Map 20 - RURAL SETTLEMENT AREA DISTRICT/ORANGE TREE PUD [Relocate Map to end of document after text, page 52] EAR.GGAMP to BeC for Adoption G: Comprehensive/EAR Amendment Modifications/BCe Adoption Draft mm.dw/5.24-06 Words underlined are added; words ctruck through are deleted. 18 -~#;'~ ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10,1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE ARE MASTER PLAN FUTURE LAND USE MAP 1 AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1f-l~~R'~ ~~ ~T~~~~~I~GLt,~e~' ASSISTANT COUNTY ATTORNEY 2007 IMMOKALEE AREA MASTER PLAN AND IMMOKALEE ARE MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES. 2 Immokalee Area Master Plan to BCC for Adoption 1-17-07 EXHIBIT "A" III. IMPLEMENTATION STRATEGY frevised text. pa2e 11 This section is \vhere places the plan is placed into effect. Implementation strategies include the Goals, Objectives, and Policies, and the Land Use Designation Description Section. A. GOALS, OBJECTIVES AND POLICIES Goal I: [deleted text, page 1] PO PULA TION CO,'\L 1: TO M,'\INT,'\IN fA HICH QUALITY OF POPULATION ESTlM,'\TES THIA T E1\fPLOY ,'\N ,'\PPROPRI,'\ TE MIX OF CENSUS METHODOLOCIES CONSISTENT WITH FLORID,AA ST f,. TE PLANNINC REQUlRE1\fENTS ,'\ND THE UNIQUE NEEQS OF THE 11\fl\fOKfALEE COMMUNITY. Objeetive 1.1: [deleted text, page 1] Provide accurate annual estimates of the housing units and the population residing in the Immokalee community. Poliey 1.1.1: [deleted text, page 1] Employ timely Immokalee population estimates in establishing and maintaining adequate housing and Level Of Service (LOS) Standards to ensure the community is adequately served by the Immokalee urban area's sanitary se\ver, solid waste collection, sub surface drainage, and potable '~vater systems; roads; and recreational facilities. Poliey 1.1.2: [deleted text, page 1] Provide for an uncomplicated and efficient process of gathering and monitoring the population related information generated by the independent Irnmokalee \Vater and Se'.ver and Fire districts; the Collier County Public Schools; State of Florida entities including, but not limited to, the departments of Agriculture, Community ,A~ffairs, Health and Rehabilitative Services, and Labor and Employment Security; and Federal entities including but not limited to the Public Health Service and the U.S. Postal Service. Goal II: [revised text, page 2] LA,.ND USE GOAL II !: TO GUIDE LAND USE SO AS TO ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY, ENVIRONMENTAl, Words underlined are added; words Gtruok through are deleted. 1 * ** * * * * * * **** * ** * * * ** ** * ** * ** * * ** * * * * *** * * *** '*'* I n d ic at as b rea kin text * * * '*' * * * ** * * * * ** * ** ** * ** * ** * *... * *......... ** * ** * * * * ** * ** * * - .~O~~. Immokalee Area Master Plan to BCC for Adoption 1-17-07 QUALITY1 AND SMALL-TOWN CHARACTER, I+S STABLE NEIGHBORHOODS, AND I+S STATUS AS THE AN URBAN HUB FOR THE SURROUNDING AGRICUL TURAL REGION1 TOURISM INDUSTRY. AND THE IMMOKALEE AIRPORT'S DESIGNATION AS A PORT-OF-ENTRY. Objeetive II OBJECTIVE 1.1: [revised text, page 2] Unless otherwise permitted in this Master Plan for Immokalee, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Subdistricts shall be binding on all Development Orders effective with the adoption of the Master Plan for Immokalee. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; maintain and develop cohesive neighborhood units; promote a sound economy; and discourage undesirable growth and development patterns. Standards and permitted uses for each Immokalee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. (This objective shall supersede Objective 1 in the Countyv,'ide Future Land Use Element of the Gro'.vth Management Plan.) Policy II. 1.1.!: [revised text, page 2] The Irnrnokalee Master Plan URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT A Residential Designation 1. Low Residential Subd,Qistrict 2. Mixed Residential Subd,Qistrict 3. High Residential Subd,Qistrict 4. Neighborhood Center Subdistrict 5. Commerce Center - Mixed Use Subdistrict 4Q. pyglanned Unit Development Commercial Subd,Qistrict 7. Recreational Tourist Subdistrict B. URBAN - COMMERCIAL DISTRICT B. Commercial Designation 1. Commercial Subd,Qistrict - S.R. 29 and Jefferson Ave. 2. Neighborhood Center District 3. Commerce Center Mixed Use District 1. Recreational Tourist District c. URBAN - INDUSTRIAL DISTRICT C. Industrial Designation Words underlined are added; words ctruol( through are deleted. 2 ************* ********** ******************* ***** Indicates break in text ****** ***** **** ***** * ****** *** *** ******* ****** **** .~ Immokalee Area Master Plan to BCe for Adoption 1-17-07 1. Industrial Subd-9istrict 2. Commerce Center - Industrial Subd-9istrict 3. Business Park Subd-9istrict Policv 1.1.2: Overlays and Special Features include: D. O'/crlays and Special Features 1. Urban Infill and Redevelopment Area Standards and permitted uses for each Immokalee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. (This Policy shall supersede Policies 1.1 and 1.3 in the County '..vide Future Land Use Element of the Grmvth Management Plan. In addition, the Immokalee Master Plan Future Land Use Map shall be used instead of the County '.vide Future Land Use Map.) Policy 1I.1.1.2-~: [revised text, page 3] Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance in the Land Development Code. adopted by Ordinance No. 04-41. as amended. on June 22. 2004 and effective October 18. 2004. as amended. Policy II. 1.L~: [policy renumbered, page 3] Policy II. 1.1.4~: [policy renumbered, page 3] Policy II. 1.1.~~: [policy renumbered, page 3] Poliey II.1.(i: [deleted text, page 3] By 1998, the Comprehensive Planning Section v;ill review existing land uses and zoning patterns \vithin the South Irnmokalee Redevelopment District and prepare a zoning overlay that will address incompatibility of land uses and inappropriate land de','elopment standards that will net as an incentive to encourage new construction and rehabilitation in the area. Policy II. 1.1.7: [revised text, page 3] The sites containing eXIstmg public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the lAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE, Policy 5.1~4 and Intergovernmental Coordination Element, Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15,2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants Words underlined are added; words E;truok through are deleted. 3 ** ****** *********** *********** ***************** Indicates break in text*********** ******************************** ******* -.~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 and ancillary plants shall be allowed in zoning districts as set forth in FLUE, Policy ~ 5.15. Land Use Designation Description Section: [text relocated, page 4] [This Section has been relocated to follow the Goals, Objectives and Policies Section.] Objeetive II. OBJECTIVE 1.2: [revised, relocated text, from page 12 to page 4] By 2005, Reinstate the former Main Street Program under a new name to provide a means for improveing the physical appearance of the commercial building stock by 10% ffi along the Main Street corridor, 'Nithin the Program area from First Street to Westclox Street. Policy II. 1.2.1: [revised, relocated text, from page 12 to page 4] The Irnmokalee Master Plan and Visioning Committee, in coordination with the Community Redevelopment Agency Advisory Committee, shall work with a consultant to develop a plan that focuses on the development and/or redevelopment of commercial structures and businesses along Main Street. Beginning in 1997, the Building Immokalee Together Project in conjunction 'llith the Main Street Project shall provide a comprehensive approach to the redevelopment of South Immokalee. Items to be addressed include: compatibility traffic impacts parking buffering setbacks architectural character sIgn age re use/redevelopment incentives pedestrian circulation economic incentives Policy 11.1.2.2: [revised, relocated text, from page 12 to page 4] Collier County staff, in cooperation with various Immokalee community groups. may seek partnership opportunities with the local Community Redevelopment Agency Advisory Committee, Front Porch, Weed and Seed and other ~Alternative funding sources \vill be in'/estigated by 1998 in order to promote and/or expedite the development or redevelopment of commercial businesses and structures within the Main Street Program area. implementation of the Building Immokalee Together Project and the Main Street Program. Objeetive II. OBJECTIVE 1.3: [revised, relocated text, from page 13 to page 4] Encourage innovative approaches in urban and project design wlHefl. that enhance both the environment and the visual appeal of Immokalee. Words underlined are added; words struck through are deleted. 4 *** ********** ********** ****** ************* ***** Indicates break in text** ********** ********* ** **** *** *y* ******* ********** .-.-.,',.~~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 Policy 11.1.3.1: [revised, relocated text, from page 13 to page 4] Collier County staff will continue to work with the Immokalee community By September 1998, the Public 'Norks Division and the Community Development and Environmental Services Di'lision shall seek to identify alternative funding sources to aml--implement a programming for, streetscape, linked open-space and pedestrian and bicycle amenities that are compatible with an overall redevelopment strategy. tho Immokalee Main Street program and Redevelopmont Plan. Peliey 11.3.2: [deleted text, page 13] \Vhen a proposed project clearly demonstratos benefit to low to moderate income citiz0as by promoting affordable housing or onhances the local economy by creating employment opportunities, the Board of County Commissioners may direct, as necessary, amendmonts to the Irnmokalce Master Plan or Land Development Code to pro','ide for the proposed project. Ohjeetive II. OBJECTIVE 1.4: [revised, relocated text, from page 14 to page 5] Provide land use designations, criteria and zoning wJ:Heh that recognizes the needs of that significant portion of Irnmokalee's population vlhich is primarily pedestrian~ in naturo. Policy II. 1.4.1: [revised, relocated text, from page 14 to page 5] Comprehensive Planning staff will continue to coordinate with the Transportation Division regarding its existing and future plans for sidewalks. pathways and other forms of alternative transportation for the Immokalee community. Implementation of the Comprehonsive Bike'.vaylPodestrian Plan '.vill be consistent '.'lith the goals of tho Building Irnrnokaleo Together Projoct and the Main Stroot Project. These two projects should bo considered whon funding priorities arc reviev,'od to assure a concentrated approach to rede'lelopment. Policv 1.4.2: [new text, page 5] Collier County staff, In cooperation with the local Irnmokalee Community Redevelopment Agency Advisory Committee. shall consult with the Collier County Pathways Advisory Committee regarding enhancing and improving the existing pathway and sidewalk facilities. Policv 1.4.3: [new text, page 5] Collier County shall encourage pedestrian-friendly design for future proiects located within the Immokalee Urban Area. Objeetive II. OBJECTIVE 1.5: [revised, relocated text, from page 15 to page 5] The Collier County Board of County Commissioners Rrecognizesffig the increasing need for farm labor, to support the County's agricultural industry and te encourages the provision ensure an adequate number of decent, safe, healthful, and affordable housing units for farm workers in Irnmokalee.:., The sites for housing provision for farm labor housing '.vorkers, as identified in Section 5.05.03 of the Collier County Land Development Code, wJ:Heh complies with s.s.ection lOD-25 of the Florida~ Words underlined are added; words struok throLlgh are deleted. 5 ******* *********** **** *** *** * ***** * * ****** ***** I ndicates break in text* *************** ** *** * *** ** * **** *** ** ***** ******** Immokalee Area Master Plan to BCC for Adoption 1-17.07 Administrative Code (F.A.C.). and the Housing Code of Collier County shall be designated so as to keep pace 'yvith the population. Policy 11.1.5.1: [revised, relocated text, from page 15 to page 5] New development for housing for seasonal, temporary or migrant workers shall be permitted in any land use designation provided that such housing is they are permitted under Section lOD-25. F.A.c.. and does not conflict with the existing zoning districts or the Immokalee Area Future Land Use Mmap. Policy II. 1.5.2: [revised, relocated text, from page 15 to page 5] Transient housing for farm laborers as identified as "Transient Housing" or "Migrant Labor Camps", as defined by Section lOD-25.1 ef F.A.C., may eafl also be developed in areas designated for commercial land use~ on the Immokalee Aarea Future Land Use Map. if they Such housing must conform to meet the requirements delineated in of the G-4 General Commercial Zoning District (C-4) of the Collier County Land Development Code, as amended. regarding development standards, parking, landscaping and buffering requirements .!:illfLto the extent such housing is are also permitted under Section 1 aD 25.1 of F.,^~.c. Goal III: [revised, relocated text, from page 16 to page 6] HOUSINC GOAL III~: CREATE AN ENVIRONMENT WITHIN WHICH ALL WORKING, DISABLED AND RETIRED RESIDENTS, AND THEIR IMMEDIA TE RESIDENT FAMILIES, WILL HA VE A REASONABLE OPPORTUNITY TO PROCURE SAFE, HEALTHFUL SANITARY, AND AFFORDABLE HOUSING CONSISTENT WITH THE DESIRED DEVELOPMENT CHARACTER OF THE AREA AS IDENTIFIED IN THE IMMOKALEE AREA MASTER PLAN. Objective IIJd. 2.1: [revised, relocated text, from page 16 to page 6] Collier County shall promote the conservation and rehabilitation of housing in Immokalee neighborhoods. Policy 111.1.1 2.1.1: [revised, relocated text, from page 16 to page 6] Expansion of urban facilities and services should shall enhance and ef maintain the viability of existing urban residential areas. Needed public infrastructure improvements in these areas should shall receive priority in the Capital Improvement Element. Policy 111.1.2 2.1.2: [revised, relocated text, from page 16 to page 6] Collier County shall Aassist in upgrading existing neighborhoods through active code enforcement, removing blighting influences, and concentrating providing capital improvements, in such neighborhoods. Words underlined are added; words ctruol( through are deleted. 6 ********************************** ********* **** I nd icates break in text****** *********** *** * ** **** ****** * ************ *** * . ",..~~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 Policv 2.1.3: [new text, page 6] Collier County shall Bensure that government services and facilities needed to support housing are provided concurrent with development and meet the demands of the Irnrnokalee Community. Objective IIY 2.2: [revised, relocated text, from page 17 to page 7] Collier County will has collected and will use the data resultinf;!: from the Irnrnokalee Housing Initiative Program Survey respond to the housing needs identified to identify the current housing stock in order to address the affordable-workforce housing needs of the area. in the housing study of Immokalee by county initiati','es which ',vill reduce the cost of housing development for lo"v and very low income households. Policy 2.2.1: [new text, page 7] The County Operations Support and Housing Department will analyze the data collected from the Immokalee Housing Initiative Program Survey and establish a process for revitalizing Immokalee' s neighborhoods. Policy 111.2.1 2.2.2: [revised, relocated text, from page 17 to page 7] The County shall continue to pursue research ffite initiatives such as land banking of foreclosed upon land foreclosed due to County held liens, land grants from County and other public holdings, and as well as tax incentives for private owners who commit to developingffl:eftf fe.F affordable-workforce housing for very 10','': income, and 10','1 income, and other ',vorking class families. Objective IIY 2.3: [revised, relocated text, from page 18 to page 7] By January 2005, +99& tIhe County will have in place a pilot plan of continue to explore and provide innovative programs and regulatory reforms te that reduce the costs of development and maintenance of safe, and healthful sanitary~ affordable-workforce housing for lew-; aM vcry 10'.'1, and other ',vorking class income households in Immokalee residents. Poliey 111.3.1: [deleted text, page 18] By December 1997, the Community Development and Environmental Ser'lices Division will develop two pre appro'.'ed housing plans and their specifications for use by 1m\' income families and non profit developers. The project '.'/ill explore the development of 1,2,3, and i bedroom housing, expandable housing and duplex prototypes. Policy 111.3.2 2.3.1: [revised, relocated text, from page 18 to page 7] On November 18, 2003, the Board of County Commissioners approved $1.85 million in economic and housing incentives. These incentives shall continue to provide for fee payment assistance, property tax stimulus, impact fee deferrals, and economic development. By Septembcr 1998, the County Attorney's Officc v.:ill research those steps under 1m',' to proyide defcrral for at least t'.vo years the ad Valorem taxes and special assessmcnts for new apartments built for and rented to very low and lov-l income households. Words underlined are added; words 8trllok through are deleted. 7 * ****** * 'it**** *** ******* *********** ******** ***** I ndicates break in text********************* * ***** ************* ********** - -,""" Immokalee Area Master Plan to BCC for Adoption 1-17-07 Policy 111.3.32.3.2: [revised, relocated text, from page 18 to page 7] The County Operations Support and Housing Department Housing and Urban Improvement Department of the Community De','elopment and Environmental Services Division will continue to promote public/private partnerships that address the availability of affordable-workforce housing by te improvinge existing processes and implementing new processes a process of te networking the resources among the private developers~ afI:€i. contractors~ especially among appropriate County officials, and these Immokalee residents in the market for seeking affordable housing. so as to create a full public/private partnership to address housing starts the affordability and availability of housing Policy 111.3.4 2.3.3: [revised, relocated text, from page 18 to page 7] The Code Enforcement Department will prioritize the enforcement of codes related to substandard housing that constitutes are a serious threat to the public~s health, safety and welfare.:. afI:€i. '""hen needed v,'ill enforce E~olicies on demolition of such structures will be enforced and the Code Enforcement Board ':,ill be used to levy appropriate fines. Policy 111.3.5 2.3.4: [revised, relocated text, from page 18 to page 7] The Community Development and Environmental Services Division will research and develop strategies to replace and/or provide affordable-workforce housing through non::: profit providers throughout the Immokalee Community Redevelopment Area. in and around the South Immokalee area that is compatible '.vith the Redevelopment Plan. Objective IlIA 2.4: [revised, relocated text, from page 19 to page 8] There shall be an annual effort to coordinate with federal, state, local, and private agencies to seek funding to meet the housing needs as identified in the Housing Element of the Comprehensive Growth Management Plan and to assure consistency with federal, state, and local regulations in regards to concerning migrant laOO labor camps. Policy 111.4.12.4.1: [revised, relocated text, from page 19 to page 8] The County Operations Support and Housing Department County's Housing and Urban Impro','ement Department of the Community Deyelopment and Environmental Services Division will meet with representatives of the Rural Economic Development Administration to improve the County's ability to attract mere government grants and loans to develop affordable-workforce housing for very low and lo'vV income and other 'vVorking class households. Policy 111.4.2 2.4.2: [revised, relocated text, from page 19 to page 8] By September +99& 2007, the Community Development and Environmental Services Division will review the State of Florida's Environmental Health and Housing Code requirements for those units licensed as migrant labor camps. If warranted based upon Words underlined are added; words struok through are deleted. 8 * ** *** * * '* * *** '* * ** * * * * ** '* * * * * * * * * * * * ** * ** * * * * * * * I n d ica tes b rea kin text * * * ** '* * * * ** * * *** ** * '* * * ** * * * * * * * * *1r* ** '* ** 11; * ** * * * * ** .O'~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 that review, the Division will initiate appropriate and make modifications as determined appropriate to the Collier County Housing Code based on the reyiev/. Policy 111.4.3 2.4.3: [revised, relocated text, from page 19 to page 8] The County Manager.. or his designee.. in cooperation with the Florida Department of Health, shall be responsible for collaborating to make an annual report to the Board of County Commissioners on identified "living quarters for fi..v.e four or more seasonal, temporary or migrant farm workers" as defined in Chapter 1OD-25.. F.A.C. and prepared by HRS. The report shall include recommendations on improvements needed to ensure County code and F.A.c. compliance and suggested amendments to County codes which are restricting codes that may restrict needed rehabilitation and new developments. Policy 111.4.4 2.4.4: [revised, relocated text, from page 19 to page 8] Continue to cooperate collaborate with all private groups seeking to furnish shelters for the homeless, and/or abused women and children in Immokalee. Goal IV: [revised, relocated text, from page 20 to page 9] CONSERV fATION GOAL IV J: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF ITS NATURAL RESOURCES AS DICT,AATED REQUIRED IN THE GROWTH MANAGEMENT PLAN. Objective JVd. 3.1: [revised, relocated text, from page 20 to page 9] The County shall continue to protect and preserve natural resources within, and adjacent te,. the Immokalee Urban Designated Area and on adjacent lands within the Rural Lands Stewardship Area Overlay in accordance ':lith the Gro'.vth Management Plan. Policy IV.1.1 3.1.1: [revised, relocated text, from page 20 to page 9] The Immokalee Area Master Plan shall be updated as appropriate to reflect the recommendations resulting from the programmatic commitments of the Conservation and Coastal Management Element of the Growth Management Plan. Policv 3.1.2: [new text, page 9] Collier County shall ensure that government services and facilities related to the conservation and management of natural resources are made available to the Immokalee Community. Goal V: [revised, relocated text, from page 21] RECRK'\ TION GOAL :v ~: IN A COST EFFICIENT MANNER. PROVIDE AMPLE: HIGH QUALITY AND DIVERSE RECREATIONAL OPPORTUNITIES Words underlined are added; words E;truok through are deleted. 9 * ** **** *** ************************* ..******' *****' I nd icates break in text****' ************ *****' ****** ********** ***' ****** **** "of\'~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 FOR THE IMMOKALEE COMMUNITY TYPICALLY PROVIDED BY THE PUBLIC IN A COMMUNITY THE SIZE OF 11\f1\fOKALEE, FOR ALL 11\fMOKALEE CITIZENS IN ,,\ COST EFFICIENT MANNER. Objective Vd 4.1: [revised, relocated text, from page 21] Collier County shall implement a parks and recreation program for Immokalee that is equivalent to Collier County standards, taking into consideration plans that reflect citizens' recreational preferences and offer recreational opportunities te for all age groups. Policy ~ 4.1.1: [revised, relocated text, from page 21] By September.. 1998, Collier County's Public Services Division shall complete and publish for public comment, and adopt a 5 year plan and budget for parks and recreation that ',';ould meet the needs and characteristics of the total population (seasonal and permanent) of Immokalee. In accordance with Obiective 3.1, and subsequent policies, of the Recreation and Open Space Element, the County Parks and Recreation Department shalL bv 2010, develop a Community and Regional Park Plan. The plan and budget will be based upon such things as a survey of the preferences and priorities of Immokalee's seasonal and permanent population. The survey should include: a. Questions concerning community-wide and neighborhood park recreation issues. b. Differentiates by neighborhood the estimates of the population's priorities among alternative combinations of types of parks and recreation sites, facilities, equipment, and services. c. Be conducted during peak permanent and seasonal population periods. Policy ~ 4.1.2: [revised, relocated text, from page 21] The County Public Services Division may locate Pfuture parks 'sill be encouraged to leeate within the designated Neighborhood Centers-;- and within other areas that serve the needs of the community. but '.'Iill not be limited to these areas. This may be accomplished through funding methods, including.. but not limited to, the County~ purchase of land, private sector land donations, or through an interlocal agreement between Collier County and the Collier County School Board. Policv 4.1.3: [new text, page 10] Collier County shall ensure that government services and facilities related to parks and recreation are provided concurrent with the impacts of development. Words underlined are added; words t;truol< through are deleted. 10 ********* ********* *********** ************* *****1 ndicates break in text* *** **** *** ***** **************** * ** *********** *** * '.c,q\;-~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 Goal VI: [revised, relocated text, from page 22] TRANSPORT fA TION CO,'\L (i: THE FUTURE LAAND USE PfATTERN SH,'\LL BE SUPPORTED BY ,,\ NET'''ORK OF ROADS, PEDESTRL'\N WAYS, ,AAND BlKEW,AA YS TH,AAT 1\ffAINTAINS IMMOKfALEE'S S1\f,'\LL TOlVN CHfAIt'\CTER, YET fACHIEVES EFFICIENT ,AAND SfAFE TRAFFIC 1\fOVE1\fENT. GOAL 5: FUTURE GROWTH AND DEVELOPMENT SHALL BE SUPPORTED BY A NETWORK OF ROADS. SIDEWALKS. AND BlKEPATHS THAT ARE EFFICIENT AND SAFE. AND ENHANCE AND PRESERVE IMMOKALEE'S SMALL TOWN CHARACTER Objective W..-l5.1: [renumbered, relocated text, from page 22] The County shall provide for the safe and convenient movement of pedestrians, motorized and non-motorized vehicles. Poliey VI.1.1: [deleted text, page 22] The County's Metropolitan Planning Organization Section of the Community De'lelopment and Environmental Services Division shall complete a transportation study for the Immokalee U rbaIl Designated ,^~rea by September 1999. Once completed and accepted by the Board of County Commissioners, the Immokalee Master Plan shall be amended to incorporate the transportation study. The study will review existing road...:ay conditions, identify deficiencies and make recommendations considering all of the following: a. Consider all recommendations in the Collier County 5 Year Bicycle "Vays Plan; b. Give highest priority to completion of the grid net'v'lork "lith consideration of those segments identified in the Transportntion section of the Support Document; c. Identify all right of '.vay on a thoroughfare rights of way protection map; and d. Establish a loop rond. Policy VI.1.2 5.1.1: [revised, relocated text, from page 22] The Traffic Circulation Map in the Transportation Element will graphically depict Immokalee's future roadway network, and identify specific roadway improvements needed to implement the Immoka1ee Area Master Plan~ Future Land Use Map and will be updated as new information is available. These improvements will be prioritized and placed into the Capital Improvement Element after further transportation analysis is completed. Words underlined are added; words struok through are deleted. 11 ********** *** ***************** **** * ****** * ***** I ndicates break in text************ ********* ****** ************* ****** **** .-.:.,,~, Immokalee Area Master Plan to BCC for Adoption 1-17-07 Policy VI.1.3 5.1.2: [revised, relocated text, from page 22] The Collier County 5:. Year Bicycle \Vays Pathways Plan, prepared by the Metropolitan Planning Organization with the assistance of the Pathway Advisory Committee, shall give priority to linking existing and future residential neighborhoods to each other, designated neighborhood centers, commercial, employment and public service areas. This plan will reflect the unique needs of the Immokalee community and also take into consideration the need for pedestrian walkways in Immokalee. Policy VI.1.4 5.1.3: [revised, relocated text, from page 22] Existing and future bikeways bikepaths for the Immokalee community shall be graphically depicted on the Traffic Circulation Map of the Imrnokalee Master Plan, and shall become part of within the Collier County 5:. Year Bicycle ',Vays Pathways Plan. Policy 5.1.4: [new text, page 22] The County Transportation and the Community Development and Environmental Services Divisions shall ensure that sidewalks and bikepaths constructed by or for the County are provided concurrent with the impacts of development and meet the demands of the lmmokalee Community. [NOTE: There is no Goal Vl/; the original Master Plan adopted in 1991 contained this numbering error] Goal VIII: [revised, relocated text, from page 23 to page 12] ECONOMIC GOAL WII ~: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY AS DETAILED IN THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN Objective VIII.l 6.1: [revised, relocated text, from page 23 to page 12] The County shall promote economic development opportunities throughout the Immokalee Urban Area. Prepare a plan for economic development for the Immokalee Area-: Policy VIII.1.1 6.1.1: [revised, relocated text, from page 23] The County, in cooperation with the Immokalee Chamber of Commerce, the Collier County Airport Authority, and the Economic Development Council, shall continue to promote economic opportunities at the Immokalee Regional Airport and the surrounding commercial and industrial areas. By 1997, the Community Development and Environmental Ser':ices Division shall prepare a county ':Iide economic plan that viill include an j\ction Plan 'Nith recommendations and incentives to cnhance and diversify the local economy. Words underlined are added; words struok through are deleted. 12 ******* * **************** ********** * ***** ***** ** Indicates break in text****** ****** * *** ** *** **** *************** ****** * *** -'"~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 Poliey VIII.1.2: [deleted text, page 23] The Community Development and Environmental Services Division and the ,A~irport Authority shall promote the development of the Immokalee Airport and surrounding commercial and industrial areas as set forth in the Immokalee ,'\irport Master Plan. Poliey VIII.1.3: Develop and initiate a program in designation. [deleted text, page 23] 1997 to promote the incentives of Enterprise Zone Policy VIII.l.4 6.1.2: [renumbered, relocated text, from page 23] The Community Development and Environmental Services Division will coordinate with the Collier County Sheriff's Department on investigating and pursuing any funding opportunities available under the Safe Neighborhood Act to assist with enhancing the Immokalee community. Crime Prevention Through Environmental Design (CPTED) principles shall be encouraged in all development standards. Policy VIII.1.S 6.1.3: [revised, relocated text, from page 23] Collier County staff in cooperation with the Economic Development Council and other Irnmokalee community agencies shall ~oordinate with the Collier County School Board to ensure that the employment skills and training needed are available for the types of industries located in the Immokalee Community. Policy 6.1.4: [new text, page 23] Ensure that economic policies, programs and incentives pursued by Collier County within the Immokalee Urban Area are managed so as to provide a benefit to the community. LAND USE DESIGNA TION DESCRIPTION SECTION [relocated, no text changes, from page 4] A. Urban - Mixed Use District [new text] The purpose of this District is to provide for residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain recreation/tourist and commercial uses are also allowed subiect to criteria. ResiEleRtial DesigBatioR [deleted text, from page 4] This designation is intended to accommodate a ,,'ariety of residential land uses including single family, duplex, multi family, and mobile homes, which does not preclude seasonal, temporary and migrant farmv/orker housing. 1. Low Residential Subl)district f revised title and text. relocated text. from pa2e 41 provide a Subdistrict for a low density The purpose of this designation is to residential district development. **************************************************************** Words underlined are added; words ctruol< through are deleted. 13 ******* * ****** **** *** ** ******* ***** ******* ***** I ndicates break in text**************** ******* ** **************** **** *** ** -,,~ Immokalee Area Master Plan to BCC for Adoption 1-17.07 2. Mixed Residential Subl)district r revised title. relocated text. from pa2e 41 3. Hi2h Residential SubDdistrict r revised title and text. relocated text. from pa!!e 41 The purpose of this designation is to provide feF a Subdistrict ef for high density residential development. ***************************************************************** 4. Nei2hborhood Center SubDdistrict r revised title. relocated text. from pa2e 61 s. Commerce Center Mixed Use SubDdistrict r revised title. relocated text. from pa!!e 71 6. Planned Unit Commercial SubDdistrict r revised title. relocated text. from pa2e 81 7. Recreational Tourist SubDdistrict r revised title. relocated text. from pa2e 81 The purpose of this SubdDistrict is to provide centers for recreational and tourism activity that utilizes- the natural environment as the main attraction. The centers should contain low intensity uses that attract both tourists and residents while preserving the environmental features of the area. Uses permitted allowed within this Subdistrict include: passive parks,~ nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities {including: hotel/motel, rental cabins, bed & and breakfast establishments, and campsites,1. restaurants; recreational vehicles- parks; sporting and recreational camps; low-intensity retail uses; single family homes; agriculture; and these essential services as defined in the Land Development Code. Residential development is permitted at a density of less than or equal to four (4) d'llelling residential units per gross acre, or less. Transient lodging is permitted at a maximum density of eight (8) ten (10) units per acre. Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The minimum acreage requirement for a PUD within this SubdDistrict shall be two (2) contiguous acres. Nonresidential Uses [relocated text, from page 4] Densitv Ratin!! Svstem [new text] The Density Rating System is only applicable to areas designated Urban, Mixed Use District, as identified on the Immokalee Future Land Use Map. The Density Rating System is applicable to the Low Residential Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for affordable-workforce housing. Except as provided below, the final Words underlined are added; words struok through are deleted. 14 ************* *******.. ** *******.. ***.. ************ I ndicates break in text****** *****.. ********* ****** ******************* **** - -,,,,,'~.... Immokalee Area Master Plan to BCC for Adoption 1-17-07 determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone). Density achieved by right shall not be combined with density achieved through the rezone public hearing process. 1. The Densitv Ratin2 System is applied in the followin2 manner: [new text] a. Within the applicable Urban designated areas, a base density of 4 residential dwelling units per gross acre is allowed, though not an entitlement. The base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for the project, the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage used for the calculation of density is exclusive of commercial portions of the proiect. except mixed residential and commercial uses as provided for in the C-l through C-3 zoning district in the Collier County Land Development Code; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. b. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwelling or accessory structures that are not intended and/or not deigned for permanent occupancy, and is not applicable to accessory dwelling or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, guest suites, and the like. c. All new residential zoning located within the Mixed Use District shall be consistent with the Density Rating System, except as provided in Policy 5.1 of the Future Land Use Element. d. Within the applicable areas of the Mixed Use District, all properties zoned A, Rural AgriculturaL and/or E, Estates, and/or RSF-l, 2, 3, Residential Single Family, for which an affordable workforce housing project is proposed and approved, in accordance with Section 2.06.00 of the Land Development Code (Ordinance 04-41. as amended, adopted June 22, 2004 and effective October 18, 2004), shall be permitted the base density of four (4) dwelling units per gross acre by right; that is, a rezone public hearing shall not be required. Such a project must comprise a minimum of ten acres. Density achieved by right shall not be combined with density achieved through the rezone public hearing process. Speeial Provisions [relocated text, from page 4] 2. l. Density Bonuses [relocated text, from page 4] a. Proximity to Neighborhood Center and Commeree [deleted text, pages 4, 5] If 50% Of more of a project is '.vithin a Neighborhood Center or the Commerce Center Mixed Use District, then the maximum density allowed within the Neighborhood Center or Commerce Center Mixed Use District of tv/elve (12) units per acre can be averaged in with the density of the portion of the project outside of the Neighborhood Center for the Words underlined are added; words struok through are deleted. 15 ***** ************* ****** *********** ******* ***** I ndicates break in text ****** ***** ********************* * *** ********** **** -..,,~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 entire project; hO'vVever, appropriate buffering to adjacent lovler intensity uses must be achieved. b!!. Affordable-workforce Housin2 Bonus. Bv Public Hearin2 [revised, relocated text, from page 5] To encourage the PQrovision of Af!ffordable-workforce Hhousing within certain Subdistricts in the Urban Designated Area, as defined in the Housing Element wwM 004 a maximum of up to eight (8) dVlelling residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04.41, as amended, adopted June 22, 2004 and effective October 19, 2004). above the maximum density of the gilidistrict.l. ; however, no density may exceed sixteen (16) units per aere:- This bonus may be applied to an entire project or portions of a project provided that the project is located within the Neighborhood Center (NC) Subdistrict, Commerce Center::Mixed Use (CC-MU) Subdistrict and all or any residential subdistricts. b. Affordable-workforce Housin2 Bonus. Bv Ri2ht [new text] To encourage the provision of affordable-workforce housing within that portion of the Urban Mixed Use District, properties zoned A, Rural Agricultural, and/or E, Estates. and/or RSF-l, 2, 3. 4, 5, 6, Residential Single Family and/or RMF-6, Residential Multi-Family, for which an affordable-workforce housing proiect is proposed in accordance with the definitions and requirements of the Affordable- workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04-41, as amended. adopted June 22, 2004 and effective October 18, 2004), a maximum of four (4) residential units per gross acre shall be added to the base density of 4 dwelling units per acre. Therefore, the maximum density that may be achieved by right shall not exceed eight (8) dwelling units per acre. Such a proiect must comprise a minimum of ten acres. Density achieved by right shall not be combined with density achieved through the rezone public hearing process. c. Residential Infill [deleted text, page 5] To encourage residential in fill, three (3) residential d'llelling units per gross acre may be added if the follO'v'ling criteria are met: the project is ten (10) acres or less in size; at the time of development, the project '.vill be served by central public '.'1ater and se'ller; nt least one abutting property i:; developed; the project is compatible "''lith surrounding land uses; the property in question has no common site development plan with adjacent property; there is no common ownership 'llith any adjacent parcels; and the parcel in question was not created to take ad','antage of the in fill residential density bonus and was created prior to the adoption of this provision in the Gro\vthManagement Plan on J armary 10, 1989. Words underlined are added; words struok through are deleted. 16 ************************* ********* ******** ***** I nd ica tes break in text*** *** ****** ******** * *** ****** *** **** *** ********** ~-.,....,~~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 d. Road.way Aceess [deleted text, page 5] If the projcct has direct access to tVlO (2) or more arterial or collector roads or if there is project commitmcnt for provision of interconnection of roads with existing or future adjacent projects, one (I) residential dVlelling unit per gross acre may be added above the maximum density of the district. 3. Maximum Densitv The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Chapter 2.03.07 of the Land Development Code, adopted by Ord. No. 91-102, as amended. ~ 4. Density and Intensity Blending [relocated text, from page 5.1] B. Urban - Commercial District Commereial Designation [revised, relocated text, from page 5.1] The purpose of this designation District is intended to accommodate a variety of commercial land uses, including neighborhood oriented commercial uses, commerce center uses, general highway commercial uses and commercial development within Planned Unit Developments (PUDs). Migrant blabor Gf.amps are also permitted within the this Commercial designations. 1. Commercial Subggistrict - S.R. 29 and Jefferson Ave. [revised, relocated text, from page 5.1] The purpose of this dcsignation Subdistrict is to provide for retail, and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public-,- Commercial uses allowed within the Subdistrict are generally similar to the C-I through C-4 Commercial Zoning Districts.. as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria as established contained in Section ~ 2.03.07.G.I of the Collier County Land Development Code must be met for future development within the Commercial SubdI}istrict along SR-29.. as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N. B. The development criteria as established contained in Section ~ 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial SubdI}istrict along Jefferson A venue as identified on Zoning Map 6933S. 2. Neighborhood Center Distriet [relocated text, from page 6 to page 14] Words underlined are added; words struok through are deleted. 17 ******* ****** **** ****************************** I n d icates break in text****** ********** *********** *** *** *** *' *** ****** **** -""',--f'':"... Immokalee Area Master Plan to BCC for Adoption 1-17-07 3. Commeree Center Mixed Use Distriet [relocated text, from page 7 to page 15] 4. Planned Unit Development Commercial Distriet [relocated text, from page 8 to page 16] Non-commercial Uses [relocated text, from page 8] 5. ReereationallT ourist Distriet page 16] [revised, relocated text, from page 8 to The purpose of this District is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract tourists and residents while preserving the environmental features of the area. Uses permitted in this district include: passive parks,~ nature preserves; 'vvildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities {including: hotel/motel, rental cabins, bed & breakfast establishments, campsites, restaurants; recreational ','ehicles parks; sporting and recreational camps; low intensity retail; single family homes; agriculture; and those essential services as defined in the Land Development Code. Industrial Designation: [revised, relocated text, from page 9] This designation is intended to accommodate a 'Iariety of industrial land uses such as Industrial, Commerce Center Industrial, and Business Parks. C. Urban - Industrial District 1. Industrial SubdDistriet [revised, relocated text, from page 9] The purpose of this designation Subdistrict is to provide for industrial type uses.1 including~ airports; the5e uses related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage, computer and data processing, business services;, limited commercial uses, such as child care centers, iffitl restaurants and other basic industrial commercial, uses.1 but not including except retail uses, as described in the Land Development Code for the Industrial and Business Park Zoning Districts; and, vehicle raeing. subiect to conditional use approval. Accessory uses and structures customarily associated with the uses Words underlined are added; words ctruol< through are deleted. 18 *************** *** ***** ***** * ****************** I ndicates break in text*********** ***** *** ******* ****** ****************** ...- Immokalee Area Master Plan to BCC for Adoption 1-17-07 permitted allowed in this Subdistrict, includ~ffig, but are not limited to, offices, and retail sales.;., campgrounds accessory to vehicle racing; and, campgrounds accessory to special events at the airport, such as air shows and structures 'Nhich are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted. 2. Commerce Center - Industrial SubdDistrict [revised, relocated text, from page 9] The purpose of this designation Subdistrict is to create a major Activity Center that serves the entire lmmokalee Urban Designated Area and surrounding agricultural area~. The Commerce Center-Industrial Subf)Qistrict shall function as afl maior employment center and shall encourage for industrial and commercial uses as described in the Land Development Code for the Commercial (C-1 through C-5), Industrial and Business Park Zoning Districts. This SubI}district includes the lmmokalee Farmers Market and related facilities. The SubI}district also permits Hhigher intensity commercial uses.. including packing houses, industrial fabrication operation~ and warehouses shall be permitted ':lithin this District. Accessory uses and structures customarily associated with the uses permitted allowed in this Subdistrict, includ~ffig, but not limited to, offices, and retail sales, and structures \.vhich are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted allowed. 3. Business Park SubdDistrict [revised title, relocated text, from page 9] Non-Industrial Uses [revised, relocated text, from page 10] Essential services as defined in the Land Development Code are allowed within the Industrial Designation. In addition to those industrial uses permitted within the Industrial Designation, uses such as those essential service:; as defined in the Land Development Code are permitted. Overlays and Special Features [revised, relocated text, from page 10] 1. Urban Infill and Redevelopment Area The Urban Infill and Redevelopment Area is consistent with criteria outlined in Section 163.2514(2) (a)-(e), Florida Statutes. The intent of this delineation is to comprehensively address the urban problems within the area consistent with the goals of this plan. This designation is informational and has no regulatory effect MAP CHANGES: 1. Immokalee Area Future Land Use Map: Words underlined are added; words struok through are deleted. 19 * ** '* *** * ** *** * * ** ***** * * ** * ** '* ** ** * * * * ** ** '* ** '* '* I n d icates b rea kin text * '* * *** * ** '* * * **** * ** ** * * * **.. *** * ** * * ** * ** * ** * ** * * * * '--'~ Immokalee Area Master Plan to BCC for Adoption 1-17-07 a) Reformat map and legend consistent with the countywide FLUM as follows: (1) Remove/delete map labels, except for major roadways; (2) Remove/delete densities and Districts' abbreviations from map legend; (3) Remove/delete Districts and replace with Subdistricts; (4) Categorize Subdistricts into three groups - Mixed Use, Commercial, or Industrial; and, (5) Add a new heading "Overlays and Special Features" on the map legend. b) As required by Policy 6.2.4 (4) of the CCME, add a map legend notation "wetlands connected to Lake Trafford/Camp Keais Strand system" and corresponding identification of the wetland area on the map. EAR-lAMP to BCC for Adoption G: Comprehensive/EAR Amendment Modifications/BCC Adoption Draft mm-dw/5-24-06 Words underlined are added; words struck through are deleted. 20 **************** ****************** * *****..., *****1 ndicates break in text.** ************ ****** *** **************** ********* * _.",~ 'II II il 0 I ! I: I II II "' Ii IX ~! lllldl! ! ell" II II I' I!!!!l!! l~ 1111 ihlU~ I! ,I Ii !I I ~ S ~i5 1=" "tj ~s >-'" ~~ 8:;l Olz a. ;l~~ >?~Q !'" . <C () ~~~ ~c~ ::E + . ~ii t1~~ ~~~ W f'i~"' ~ \II ~l'i8 ::) ei;;; ~l .. Ie Q ~ ~ Z 'II <C ..J ,t.1n In N IX W a: ::) I- o~ ::) \L W W ..J <( ~ 0 ::E 0 ' , ::E + + , . - 0 + , , + III ID N IX ~\ t\ 5 9., l ) ; ~ ! I Ii I I : I f i~ 1111111 5 "., l ORDINANCE NO. 07- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY DELETING THE MARCO ISLAND MASTER PLAN AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES FROM THE GROWTH MANAGEMENT PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendment to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 THE DELETION OF THE MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN 1 FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan MARCO ISLAND MASTER PLAN ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January. 2007. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: oYl~ '7I1lJfft~_e.J::" /ltL~ MARJ IE M. STU ENT-STIRLlNG ASSISTANT COUNTY ATTORNEY 2007 MARCO ISLAND MASTER PLAN AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 2 Marco Island Master Plan BCC-approved for Transmittal 5-24-06 EXHIBIT "A" Goal, Objectives and Policies, Future Land Use Designation Description Section, Future Land Use Map Marco Island Master Plan (MIMP) DELETE IN ITS ENTIRETY. EAR-MIMP to BCC for Adoption G: Comprehensive/EAR Amendment Modifications/BCC Adoption Draft dw/5-24-06 Words underlined are added; words struck through are deleted. ,-n,_U'l('ta.:- __,..,."~_""._".."~,..;'m""''''.'~~-'<-''-~''''''~''W',____ .A"'" ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ECONOMIC ELEMENT; BY PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10.1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the ECONOMIC ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed ECONOMIC ELEMENT Amendments to the Growth Management Plan; and WHEREAS. the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the ECONOMIC ELEMENT Amendments to the Growth Management Plan on January 25 and 26, 2007; and WHEREAS, 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 AMENDMENTS TO THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the ECONOMIC ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan ECONOMIC ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the ECONOMIC 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of January, 2007. By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -r1lo ~/U LJh ' .ouA.d.1- d - ~~~ MAR RIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 ECONOMIC ELEMENT 2 Economic Element to BCC for Adoption 1-17-07 EXHIBIT "A" I. INTRODUCTION: [New text, page 1] The purpose of this Element is to serve as a set of guidelines to assess the impacts of growth management decisions on the County's economic vitality. The Element also addresses certain requirements of the Southwest Florida Strategic Regional Plan regarding economic issues. It must be noted that the Economic Element only encourages, and does not mandate, that the County consider economic matters in relation to its overall planning and growth management strategy, as reflected in the other Elements of this Growth Management Plan (GMP). In considering whether to adopt changes or modifications to the GMP or the Land Development Code, the Board of County Commissioners must weigh the relative importance of many factors, of which economic impacts are not always the most significant. The Economic Element contains a single Goal and SIX (6) Obiective Areas. These Obiective Areas are: 1. The Conservation and Enhancement of Natural, Cultural & Social Resources. 2. Expanding and Enhancing the Tourism Industry. 3. New and Existing Industries. 4. Nonprofit and Civic Organizations & Local Groups/Programs. 5. Expansion and Development of Educational Facilities and Programs. 6. Development Regulations. Goal, Objectives and Policies Economic Element GOAL 1: [Delete number from Goal Title, page 1] OBJECTIVE Id: (The Conservation and Enhancement of Natural. Cultural and Social Resources) [Renumbered text, new text, page 1] Policy h1.1: [Renumbered text, page 1] Policy h1.2: [Renumbered, page 1] Policy 1.3: [New text, page 1] Collier County will support a health care system that addresses the needs of both business and the work force. Policy h1.4: [Renumbered text, page 1] Words underlined are added; words struok through are deleted. Economic Element to BCC for Adoption 1-17-07 Policy 1.1.5: [Renumbered text, page 1] Policy 1.1.6: [Renumbered text, page 1] Policy 1.1.7: [Renumbered text, page 1] Policy 1.1.8: [Renumbered text, page 1] Policy 1.1.9: [Renumbered text, page 1] OBJECTIVE 1.2: (Expandim! and Enhancin2 the Tourism Industrv) [Renumbered text, new text, page 2] Policy 1.2.1: [Renumbered text, page 2] Policy 1.2.2: [Renumbered text, page 2] Policy 1.2.3: [Renumbered text, page 2] Policy 1.2.4: [Renumbered text, page 2] Policy 1.2.5: [Renumbered text, page 2] OBJECTIVE 1.3: (New and Existin2 Industries) [Renumbered text, new text, page 2] Policy 1.3.1: [Renumbered text, page 2] Policy 1.3.2: [Renumbered text, page 2] Policy 1.3.3: [Renumbered text, page 2] Policy 1.3.4: [Renumbered text, page 2] Policy 1.3.5: [Renumbered text, page 2] Policy 1.3.6: [Renumbered text, page 2] Policy 1.3.7: [Renumbered text, page 2] Policy 1.3.8: [Renumbered text, page 3] Policy 1.3.9: [Renumbered text, page 3] Policy 1.3.10: [Renumbered text, page 3] Words underlined are added; words struck through are deleted, 2 ""'- Economic Element to BCC for Adoption 1-17-07 Policy 1.3.11: [Renumbered text, page 3] Policy 1.3.12: [Renumbered text, page 3] Policy 1.3.13: [Renumbered text, page 3] Policy 3.14: [New text, page 3] Collier County will continue to support programs designed to ensure the availability of the infrastructure needed for advanced telecommunications and high technology. Policy 3.14: [New text, page 3] Collier County has adopted a comprehensive program of economic incentives that are designed to attract new businesses and develop the local workforce for such businesses. These incentives include: a. An impact fee payment assistance program for either new or expanding targeted industries; b. A iob creation investment program for the relocation or expansion of targeted industries; c. A property tax stimulus program providing payments to offset the costs associated with the relocation and/or expansion of targeted industries; and, d. An advanced broadband infrastructure investment program, which provides payments to businesses that are either installing or expanding broadband communications systems. Policy 3.15: [New text, page 3] Collier County has adopted and shall maintain an impact fee deferral program for owner- occupied, single-family homes constructed within the Immokalee Enterprise Zone. The purpose of this program is to encourage the retention of a permanent resident population of homeowners within the Immokalee Community. Policy 1.3.HI6: [Renumbered text, page 3] OBJECTIVE l..4: (Nonprofit and Civic Or2anizations and Local Groups/Pr02rams) [Renumbered text, new text, page 3] Policy l..4.1: [Renumbered text, page 3] Policy l..4.2: [Renumbered text, page 3] Policy l..4.3: [Renumbered text, page 3] Words underlined are added; words €truck through are deleted. 3 -.--,,~ Economic Element to BCC for Adoption 1-17-07 OBJECTIVE t.5: (Expansion and Development of Educational Facilities and Pr02rams) [Renumbered text, new text, page 3] Policy t.5.1: [Renumbered text, page 3] Policy t.5.2: [Renumbered text, page 3] Policy t.5.3: [Renumbered text, page 3] OBJECTIVE t.6: (Development Re2ulations) [Renumbered text, new text, page 4] Policy t.6.1: [Renumbered text, page 4] EAR-EE to BCC for Adoption G: Comprehensive/EAR Amendment Modifications/BCC Adoption Draft nf-dw/5-24-06 Words underlined are added; words ctruok through are deleted. 4 -""-~ Teresa L. Dillard To: Subject: legals@naplesnews.com EAR-Based Amendments Adoption Cycle Attachments: EAR Based Amendments Adoption Cycle.doc; Notice EAR-Based Amendments.doc; EAR- Amend Ad_Map.pdf Legals, Please advertise the following on Sunday, January 14, 2007 and Friday, January 19, 2007, including map. Any questions, please contact me. Thank you ~~'l ~ EAR Based Notice EAR-Based EAR-Amend lendments Adoption Amendments.do... Id_Map.pdf (234 KB Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. D illard@clerk.collier. fl. us) 1 Teresa L. Dillard From: Sent: To: Subject: ClerkPostmaster Monday, January 08, 2007 12:00 PM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: ATT483048.txt; EAR-Based Amendments Adoption Cycle fJ.. c;-':;"^;~ ;" r:::-;:l L:::J ATT483048.txt (231 B) EAR-Based lendments Adoption This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Teresa L. Dillard From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, January 08,2007 12:00 PM Teresa L. Dillard Delivered: EAR-Based Amendments Adoption Cycle Attachments: EAR-Based Amendments Adoption Cycle f\""-:7l L::-J EAR-Based lendments Adoption <<EAR-Based Amendments Adoption Cycle>> Your message To: legals@naplesnews.com Subject: EAR-Based Amendments Adoption Cycle Sent: Mon, 8 Jan 2007 11:59:49 -0500 was delivered to the following recipient(s): legals, NDN on Mon, 8 Jan 2007 12:00:05 -0500 1 Teresa L. Dillard From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, January 08. 2007 12:00 PM Teresa L. Dillard Delivered: EAR-Based Amendments Adoption Cycle Attachments: EAR-Based Amendments Adoption Cycle r71 U EAR-Based lendments Adoption <<EAR-Based Amendments Adoption Cycle>> Your message To: legals@naplesnews.com Subject: EAR-Based Amendments Adoption Cycle Sent: Mon, 8 Jan 2007 11:59:49 -0500 was delivered to the following recipient(sl: legals, NDN on Mon, 8 Jan 2007 12:00:05 -0500 1 EAR-Based Amendments Adoption Cycle Page 1 of 1 Teresa L. Dillard From: Perrell, Pam [paperrell@naplesnews.com] Sent: Monday, January 08, 2007 12: 13 PM To: Teresa L. Dillard Subject: RE: EAR-Based Amendments Adoption Cycle OK From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us] Sent: Monday, January 08, 2007 12:00 PM To: legals@naplesnews.com Subject: EAR-Based Amendments Adoption Cycle Legals, Please advertise the following on Sunday, January 14,2007 and Friday, January 19, 2007, including map. Any questions, please contact me. 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Cl o . _'... ~.o:~. .l~,i~~~~~ o. ~~CI ~8~~~ ~ ffi ~~" ~.>>S.'..... ....~... .~ffi:\it: ~~.()~o ~ ffi~""ffi ~ ~ ~ ~ .% ~ a::zm~ . ca % o~~ ..a.;:;> ~ Z -,. ~ m ~~-oW>u.. .ao~~o~::lO::~wwo Z ::l 0 Z ...J o.w "" z. :::).. 0.' z...J. Z.> 0:: Z::l. 00 0 :I: ...J Z <ZOO~O(/)~ <zo~~<(&a. <zou..o~W< I , "- o I """" A ~ ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- OS, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan on January 2S, 2007; and WHEREAS, 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 AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CAPITAL IMPROVEMENT ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan CAPITAL IMPROVEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 2A 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 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASS~OAND DULY ADOPTED by the Board of County Commissioners of . ~,"+' ~ 1\..,. t -;,'., COllier,COl.irity 'ib'j"~:~~_n, day of January, 2007. (~' .] - ) ",. ~ ". o. '~'1 ~I ". <\ '. '+"... < /CLERK -- ttLLtt!tc BY . /-. ,(~ : //- JAMES' COLETTA, CHAIRMAN ii'LL- uty Clerk Attest It to ~1nIiA S s1Q.'lltuf"t 001- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~~Rlk ~slG~~~~~TI~NG~~ ASSISTANT COUNTY ATTORNEY 2007 CAPITAL IMPROVEMENT ELEMENT Item# & ~~!~~d3 . l J a )-14 D,___" ~ ~.-..e ,-d- J c7\ / W- I f(jJ _~!_21__ ~~ I,.~,~,-,"-,..'-,-' -- 2 Capital Improvement Element As Adopted by BCC 1-30-07 EXHIBIT "A" 2A CAPITAL IMPROVEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: [Renumbered text, page 2] TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE hi (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): [Revised text, page 2] Identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are is needed in order to achieve and maintain the standards. Policy h1.l: [Renumbered and revised text, page 2] The County shall establish standards for levels of service for two categories of public facilities, as follows: CategoFY LA... P rublic facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. The standards for levels of service of Category l\. County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of Category ,A. public facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. CategoFY B public facilities are facilities for the County's library, jail, and emergency medical ser/iccs. The standards for levels of service of Category B public facilities shall apply to the County's annual bHdget, but not apply to development orders issued by the County. Public facilities shall include land, structures, the initial furnishings and equipment (including ambulances, fire apparatHs, and library collection materials), design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. Words underlined are added; words struok through are deleted. Capital Improvement Element As Adopted by BCC 1-30-07 2A Policy h1.2: [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 determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. 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 County Wide density or intensity of permissible development.. with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall road',vay County transportation system. The Board County Commission shall not approve any such petition or application rezone request, SRA designation, cORditional use petition, or FLUE amendment, that which would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts either: (I) a deficient roadway segment or adjacent roadway 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 population projections, for all public facilities BEBR (Bureau of Economic and Business Research at the University of Florida) high range growth rate populatioR projections through the five years of the annHally updated Capital Impro'lement Plan, on lKontinuously rolling basis, and then 95% of the BEBR high range grO\vth rate thereafter, for the variable "D", unless one of the follO\ving three items listed below simultaneously occurs: w-=- Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; au-=- The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; ~-=- The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element. Words underlined are added; words ctruol{ through are deleted. 2 Capital Improvement Element As Adopted by BCC 1-30-07 ~, ~. p" t" k.'IM 1i III C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased countywide County ''vide 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% of the 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 determinant of need for a public facility: I. Calculated needs for public facilities in coastal high hazard areas are subject to all ~ limitations and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section Band D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such 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. The terms, "weighted" and "peak" Hsed when referriFlg to population figures are explained in the AnnHal Update and Inventory report (AUIR). Population definitions as used in this Capital Improvement Element and other elements are explaine@ provided below. Permanent Population is the population proiection figure based on Bureau of Economic and Business Research at the University of Florida (BEBR) ffi.gh medium range growth rate population proiections through the first five years of the annually updated Capital Improvement Plan, on a cOFltiFluously rolling basis, and then 95 percent of the BEBR high range growth rate population projections thereafter. The permanent population proiection figure is then converted from April 1 to October I, which is the beginning of the fiscal year for Collier County. Words underlined are added; words E:truok through are deleted. 3 Capital Improvement Element As Adopted by BCC 1-30-07 2A Peak Seasonal Population is the permanent BEBR population figure (described above) converted to its October 1 figure. increased by ~ 20% for all areas of the County except Immokalee, to reflect the increase of seasonal part-time residents and visitors, based on 2000 U.S. Bureau of the Census OccupancyNacancy data, gasoline sales data, retail sales data, and hotel/motel occupancy rates, and increased by 15,000 persons for lmmokalee, to reflect the increase of agricultHre related part time residents. WeighteEl :\ veFage PopalatioH is 67% of the permanent population figure (described above), plus 33% of the peak population figure (described above) to reflect a four (4) month duration seasonal influx of part time residents. Unincorporated Area 'Veighted AveFage Seasonal Population is 67% of the permanent seasonal population figure (described above) for unincorporated Collier County only. plus the 33% peale population figure (described aboye) County',vide, adiusted to represent how seasonal residents utilize certain park facilities differently. Policy h1.3: [Renumbered text, page 4] The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. Policy hl.4: [Renumbered and revised text, page 4] Public facility improvements within a category are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of the this Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: 1. previously approved development orders permitting redevelopment, 2. previously approved development orders permitting new development, 3. new development orders permitting redevelopment, and 4. new development orders permitting new developments. D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. Words underlined are added; words stnJOk through are deleted. 4 Capital Improvement Element As Adopted by BCC 1-30-07 2A E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. Policy h1.5: [Renumbered and revised text, pages 5 and 6] The standards for levels of service of public facilities shall be as follows: Cat-egory .\ Puhlie Faeilities ,\rterial and collector roads, including state high\vays not on the Florida Intrastate Highway 8ystem FIH8) A.1 Roadways: A-h 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 follov/ing designated all six-lane roads: ~ Airport PHlliRg Road Golden Gate Parkway Goodlette Frank Road Goodlette FraRk Road PiRe Ridge Road l:fS...4+ L'\ill'ort PulliRg Road L'\irport PulliRg Road Davis BOMle'/ard Golden Gate Parkv/ay Li','ingstoR Road VaRderbilt Beach Road Roads l\irport Pulling: Road Davis Boulevard GoldeR Gate Parkway Goodlette Frank Road Livingston Road Pine Ridge Road U811 Vanderbilt Beach Road ~ Pine Ridge Road .'\ill'ort Pl:Jlling Road Pine Ridge Road GoldeR Gate Parkway l:fS...4+ Collier BOMleyard l:fS...4+ Pine Ridge Road l:fS...4+ l:fS...4+ Golden Gate Parlc/t'ay l:fS...4+ FFom U811 U811 U811 U811 Radio Road U811 Collier Boulevard Gulfshore Drive ~ Golden Gate ParkNay SaRta Barbara BOMlevard GoldeR Gate Parkway l:fS...4+ Logan BOMlevard Old US 11 Golden Gate Parkway V aAGerbi It BeacH Road .'\irport Pl:JlliRg Road L^.irport Pl:JlliRg Road Radio Road Gl:llf:.;l1ore Drive To Vanderbilt Beach Road Airport Pulling Road 8anta Barbara Boulevard Pine Ridge Road Immokalee Road Logan BOMlevard Lee County U811 A-h2. Level of Service "D" peak hour on all other County and State (not on the FIH8) arterial and collector roads not on the Florida Intrastate Highway System (FillS). ~ B. State and Federal Roads: Words underlined are added; words ctruok through are deleted_ 5 Capital Improvement Element As Adopted by BCC 1-30-07 2A Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Highway System (FIHS). In Collier County~ FDOT 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: A3-:-1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. A3-:-2. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/W ater Management Sub-element of the Public Facilities Element. A4 D. County Potable Water Systems: -M,-l. County systems~ County Water District = 185 gallons per capita per day Goodland Water District = 185 gallons per capita per day A4:-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 A4:-3. Private potable water systems: Sewage flow design standards as identified in Policy -h3.1 of the Potable Water Sub-element of this Growth Management Plan. AS E. County Sanitary Sewer Systems: ~ I. County systems: North 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 Northeast Sewer Service Area = 120 gallons per capita per day East Cefltral Sevier Service ,\rea - 120 gallons per capita per day ~2. City of Naples = 145 gallons per capita per day in the unincorporated service area ~3. Private sanitary sewer systems: Sewage flow design standards as identified in Policy -h2.1 of the Sanitary Sewer Sub-element of this Growth Management Plan. M F. County Solid Waste Disposal Facilities: Words underlined are added; words otruol< through are deleted. 6 Capital Improvement Element As Adopted by BCC 1-30-07 ""' ~~~,~: M-:-I. Two years of constructed lined cell capacity at the average disposal rate for the previous five (5) three (3) years M-:-2. Ten years of permittable capacity at the average disposal rate for the previous fW.e ~ three (3) years. -A+ G. County Parks and Recreation Facilities: A1:-1. Regional Park land = 2.9412 acres per 1,000/pop. ('.veighted) A1:-2. Community Park land = 1.2882 acres per 1,000/pop. ('.veighted unincorporated) A1:-3. Recreation Facilities = $240.00 $270.00 capital investment per capita CategoFY B Puhlie Faeilities: BI County Library Buildings: 0.33 sqHare feet per capita B2 County Library Collection: 2.05 books per capita FY 10 B3 COHnty Jail: 0.0024 beds per capita (2.4 beds per 1000 population) B4 County Emergency Medical Service: .000068 EMS units per capita (1 Unit1l5,000 Population) B5 County General GO'lernment Buildings: 1.9 square feet per (weighted) FINANCL\L FKA...SIBILITY OBJECTIVE h2 (FINANCIAL FEASIBILITY): [Renumbered and revised text, page 7] Provide public facilities, as described in Policy 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 revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy h2.1: [Renumbered and revised text, page 7] The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law-,-aB-€l which have not been rejected by referendum, if a referendum is reqHired to enact a source of revenue. Policy h2.1: [Renumbered and revised text, page 7] The estimated Capital expenditures for all needed public facilities shall not draw exceed conser/ative estimates of revenues from sources that are available to the County pursuant to current la....., and which have flet been rejected by referendum, if a referendum is required to enact a source of revenue. Words underlined are added; words 8truol< through are deleted. 7 Capital Improvement Element As Adopted by BCC 1-30-07 ~~ l ~) f' i }., "'~~''I:::''',I l' Policy h2.2: [Renumbered and revised text, page 7] Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by future development but only as a last funding alternative where impact fees and other sources of revenue are insufficient to pay for the costs of facilities attributed to future development Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy h2.3: [Renumbered text, page 7] Policy h2.4: [Renumbered and revised text, page 7] Public facilities financed by non-enterprise funds (i.e., roads, surface water management, and parks and recreation), library, emergeflCY medical service, and jail shall be financed from current revenues and assets (pay as YOM go financing) and Revenue Bonds approved by the Board of County Commissioners. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital Iimprovements or for excess capacity. Policy 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 transportation 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 and Library 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 Parks and Recreation, EMS and Library improvements necessitated by such development. Policy h2.8: [Renumbered text, page 8] Policy h2.9: [Renumbered text, page 8] PUBLIC EXPENDITURES: COASTAL HICH H,A1ZARD l\RK\ OBJECTIVE h3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA) [Renumbered and revised text, page 9] Words underlined are added; words ctruol< through are deleted. 8 Capital Improvement Element As Adopted by BCC 1-30-07 2A Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities, as described in Policy 1.1 above, needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: maintenance of existing public facilities and beach renourishment, and may include beach, shore and waterway access. ^ J. ... MaintenaRce of existiRg public facilities; B. Beach, shorc and \.vaterway access; c. Beach reRoMrishment. Policy h3.1: [Renumbered and revised text, page 9] 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 arterial and collector roads, sanitary sewer service systems, potable water supply systems, surface water management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas, and parks and recreation facilities. Policy h3.2: [Renumbered and revised text, page 9] Within the coastal high hazard area, +!he calculated needs for public facilities, as represented in the Schedule of Capital Improvements, will be based on the County's adopted level of service standards and proiections of future growth allowed by the projections within the coastal high Hazard area. The Future Land Use Element limits new residential developmeRt (thMs obligations for infrastructMfe expenditures) to a maximum of four dwelling units per gross acre v/ithin portions of the coastal higH hazard area. Policy h3.3: [Renumbered and revised text, page 9] The County shall continue to iRsttre support public that access to beaches, shores and waterways~ remain available to the public and 'lIill dC'lelop a program to expand the availability of such including funding options for acqMisition PROVIDE NEEDED IMPROVE:MENTS OBJECTIVE M (PROVIDE NEEDED IMPROVEMENTS): [Renumbered and revised text, page 10] The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements, as described in Policy 1.1 above, by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy M.I: [Renumbered text, page 10] Words underlined are added; words struok through are deleted. 9 Capital Improvement Element As Adopted by BCC 1-30-07 2 Policy M.2: [Renumbered and revised text, page 10] All Category L^~ public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. Policy M.3: [Renumbered and revised text, page 10] The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. Projects for which appropriations Ha'ie been made ifl tHe annual budget '"ill not be remo';ed once they Have been relied upon for the issuance of a final site developmeflt plafl, final plat, or bMilding permit. The COMnty shall include in the capital appropriations of its anflMal budget additional public facility projects that conform to Policy 1.1.2 (B.2) and Policy 1.1.1 (C) and (E). Policy M.4: [Renumbered and revised text, page 10] The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of Category .\ public facilities to meet the standards for levels of service for existing population and the proposed development. No final site development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will achieve meet or exceed the standards in Policy +-: 1.5 Category f~ Public Facilities, and meet or exceed the requirements for Concurrency Management as outlined in the policies within Objective +-:5 of this element are 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 boundaries designated on Figure PW -1 and Figure PW-1.1 "Collier County Water District Boundaries", and Figure PW-2 and Figure PW-2.1 "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-l and Figure SS-1.1, "Collier County Sewer District Boundaries", and Figure SS-2 and Figure SS-2.1, "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub-Element of the Public Facilities Element. Road improvements will be provided as designated in the Schedule of Capital Improvements appearing in the this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis. Policy 4.6 The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re-building cost from the effects from hurricanes. flooding. natural and technological disaster events. Best practice efforts may include, but are not be limited to: a. Construction above the flood plain; b. Maintaining a protective zone for wildfire mitigation; Words underlined are added; words 8truol< through are deleted. 10 Capital Improvement Element As Adopted by BCC 1-30-07 2A c. Installation of on-site permanent generators or temporary 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. Emergency road repairs; and, f. Repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls. CONCURRENCY MANLA...CEMENT OBJECTIVE hS (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 consisteRt with Chapter 163, Part II, Florida Statutes and RMle 9J 5.0055, Florida l\dministratiye Code. shall ensure that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of Category A public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. Policy hS.I: [Renumbered text, page II] Policy hS.2: [Renumbered and revised text, page 11] The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System are is met: A. Compliance with anyone of the standards set forth in Policy -h5.1 A, Band C is met; or B. At the time the final site development plan, final plat or building permit 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 C. The necessary facilities and services are guaranteed 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. Words underlined are added; words ctruak through are deleted. 11 Capital Improvement Element As Adopted by BCC 1-30-07 2 I~~ 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 permit 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 by all parties at the time a final site development plan, or final plat or building permit 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 ADIR reflects the proiects set forth in the first year of said Schedule at the time a final site developmeRt plan, final plat or bMilding permit is issued; or D. The necessary facilities and services are in the first or second year of under construction or under contract pursuant to a FDOT 5- Year Work Program at--the time a final site de'lelopmeRt plan, final plat or building permit is issued; 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 requirements of Policies 5.~ through 5.&1 of the Transportation Element-:-; 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 5.9.8. of the Transportation Element, if applicable, or to construct the needed facilities~ identified in the Schedule of Capital Improvements. prior to the time a Certificate of Occupancy (C.O.) is issued for the first structure. G. A proportionate share agreement has been approved consistent with the adopted ordinance. Policy h5.4: [Renumbered and revised text, page 12] The County shall continue to implement a Concurrency Management System, as identified in Diyision Sections ~ 6.02.02 and 10.02.07 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective +-:-5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. Words underlined are added; words ctruol< through are deleted. 12 Capital Improvement Element As Adopted by BCC 1-30-07 2A REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS [Revised text, page 13] The Schedule of Capital Improvements on the following pages will eliminate eXIstmg deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its estimate of proiected cost during each of the next five fiscal years is shown in thousands of dollars (000). The month and year for actual commencement of construction and the mOFlth and year each project will be completed (in service) ts are indicated. Each project in Category ,A. is consistent with the level of service standards as identified within this element and the appropriate individual element of this Growth Management Plan. Each project in Category B is cOFlsistent with the le'lel of service standards as identified v..ithiFl this elemeFlt. Optional elements were not developed for Category B facilities. Collier County has adopted a two-year Concurrency Management System. Figures provided for years three. four and five of this Schedule of Capital Improvements are not part of the Concurrency Management System but are subiect to proportionate share. Figures provided for years six through ten of this Schedule of Capital Improvements are estimates of revenues versus proiect costs but do not constitute a long term concurrency system. Words underlined are added; words Gtruok through are deleted. 13 " I!?- ~ J III I- Z w :E w > o a: Q. ;!! ~~ ~~ - < ~ <(Jo = u. C\J 1-000 i!!~~ :I::;:)llJ ~lil~ 0<3 1Il~ >LL I- Z :;:) o (J a: w :i ..J o (J ~ ~ i c ~ a: ~ E i ~ .. ~ " III I- (J W ... o a: Q. 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E '" ~ Ol :E Q3 (j) <ii '-' o -' '" u E .c; <.> (j) >- .0 <:; () <i) Ol E Q3 (j) u c: co "' C '" E => <.> o 9 cj EXHIBIT "A" COSTS AND REVENUES BY TYPE OF FACILITY FISCAL YEARS 2006.2010 "'" !"''' ih-:,.."", The table below itemizes the types of public facilities and the sources of revenue, The center column contains the 5- Y ear amount of facility revenues, The right column is a calculation of expenses versus revenues for each type of public facility, All deficits are accumulated as a subtotaL The subtotal deficit is the source of additional revenue utilized by Collier County to fund the deficit in order to maintain the levels of service standards as referenced in the Capital Improvement Element. ROAD PROJECTS $943,833,000 $110,587,000 $212,257,000 $381,155,185 $79,939,000 $0 $28.722,000 $135,191.000 $815 -$4,019,000 $943,833,000 Balance $0 $51,620,000 $32,527.000 $12,500.000 $6,000.000 $593,000 $51,620,000 Balance $0 $59,832,000 $34,965,000 $13,692,000 $11,175,000 $59,832,000 Balance $0 $348,368,000 $156.766,000 $64.796,000 $81,867,000 $44,939.000 $348,368,000 Balance $0 $301,152,000 Less Revenues: Gas Tax Revenue Impact Fee Revenue, including COA Revenue Carry Forward, including Bonds GrantslReimbursements DCAs/Advanced Reimbursements Ave Maria General Fund Transfers Revenue Reserve PARKS & RECREATION PROJECTS Less Revenues: Impact Fee Revenue (bonds, cash & loans) TDC Funds, including Vanderbilt Garage Ad Valorem Grants STORM WATER & DRAINAGE PROJECTS Less Revenues: Ad Valorem (FY06-1O from Stormwater Utility- @ 0,15 Mills per year - est.) GrantslReimbursements Big Cypress Basin/SWFMD POTABLE WATER PROJECTS Less Revenues: Bonds and Commercial Paper State Rotating Funds Impact Fees User Rates SEWER PROJECTS Less Revenues: Bonds and Commercial Paper State Rotating Funds Impact Fees User Rates $41,257.000 $126.183.000 $82,516,000 $51,196.000 Balance $301,152,000 $0 SOUD WASTE PROJECTS $5,463,000 Less Revenues: User Tipping Fees $5,463,000 Balance $5,463,000 $0 ITOTAL PROJECTS $1,721,081,0001 TOTAL REVENUE SOURCES I $1,710,268,0001 C:\Documents and Settings\CorbySchmidt\Local Settings\Temporary Internet Files\OLK318\EAR-CIP cepe Adptn (06-10) (2),xts NEW TABLE " ~ is 1 <( III I- Z W ::E W > o r:r lL ~ ...J", c(~ 1-0 ~~ ~ ;:0 ~;;::C\J I-OCJ) iii~~ ~5~ WW-' 5;3 1Il~ >-lJ.. I- Z ::l o (.) r:r W ::::i ...J o (.) ~ ~ I c .!l! 0- '" ~ ~ .E i u III I- (.) W a r:r lL e c( o r:r o <I} o <I} o <I} o <I} o ... o ... o ... o ... o <I} oJ < .... o .... "' C N . ~ :! co N ~ co N :5 o ... r:r" c(c ~~ ...Jc c(N (.) 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E <D ~ 0) c: '"" 1ii en OJ '-' o ,,! 'E E -'" '-' en >- .D o ~ 0) c: ;e <D en u c: '" '" 1:' <D E " '-' o 9 (5 EXHIBIT "A" COSTS AND REVENUES BY TYPE OF PUBLIC FACILITY FISCAL YEARS 2011.2015 2A The table below itemizes the types of public facilities and the sources of revenue, The center column contains the 5- Year amount of facility revenues, The right column is a calculation of expenses versus revenues for each type of public facility, All deficits are accumulated as a subtotal. The subtotal deficit is the source of additional revenue utilized by Collier County to fund the deficit in order to maintain the levels of service standards as referenced in the Capital Improvement Element. $153,180,000 129,04 1,000 200,000,000 0 75,000.000 0 43,110,000 120.500,000 0 0 $567,651,000 B al ance $414,471,000 $52,750,000 46,550,000 200,000 6,000.000 $52,750,000 Balance $0 $90,458,000 $74,764,000 $15,694,000 $90,458,000 Balance $0 $363,550,000 $249,032.000 $67,620,000 $46,898,000 $363,550,000 B al ance $0 $186,563,000 ROAD PROJECTS Less Revenues: Gas Tax Revenue Impact Fee Revenue, including COA Revenue Carry Forward, including Bonds GrantslReimbursements DCAs/ Advanced Reimbursements Ave Maria General Fund Transfers Revenue Reserve PARKS & RECREATION PROJECTS Less Revenues. Impact Fee Revenue (bonds, cash & loans) TDC Funds, including Vanderbilt Garage Ad Valorem STORMW A TER & DRAINAGE PROJECTS Less Revenues. Ad Valorem. (FYI 1-15 from Storm water Utility- @ 0,15 Mills per year - est.) GrantslReimbursements POTABLE WATER PROJECTS Less Revenues: Bonds/other debt/Impact Fees SRF Loans User rates SEWER PROJECTS Less Revenues. Bonds/other debt/Impact Fees SRF Loans User rates $76,676,000 $78,169,000 $31,718.000 Balance $186,563,000 $0 SOLID WASTE PROJECTS $16,192,000 Less Revenues. Balance $16,192,000 $0 User Tipping Fees $16,192,000 ITOTAL PROJECTS $1,266,124,000 I TOTAL REVENUE SOURCES $1,277,164,0001 C:\Document. and Selting.\CorbySchmidIILocal Se",ng.ITemporary Internet File.IOLK318\EAR-CIP CCPD Adptn (11.15),xl. NEW TABLE Capital Improvement Element As Adopted by BeC 1.30.07 2 PROGRAMS TO ENSURE IMPLEMENT A TION [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 Capital Improvement Element will be achieved or exceeded. 1. Development Order Review As part of the review of all applications for final site development plans, final plats, and building permits, the County will determine whether or not there will be sufficient capacity of Category l\ public facilities, as described in Policy 1.1 above, to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders other than final site development plans, final plats, and building permits, for those having negative impacts on Category l\ public facilities other than final sitc development plans, final plats, building permits, the County will determine whether or not sufficient capacity of Category "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 Fees 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 year. 4. Semi:annual Report The mandatory semi:.annual report to the Florida Department of Community Affairs:. concerning amendments to the comprehensive plan due to emergencies, developments of regional impact.. and selected small developments:. will report on identify changes, if any, to adopted goals, objectives and policies in the this Capital Improvement Element. 5. Update of Capital Improvement Element The monitoring of.. and adjustment to.. the this Capital Improvement Element is an ongoing process necessitated by changing: conditions to meet the changing conditions must be an ongoing process. Beginning ffi. no later than August December of each year, the element will be updated in conjunction with the County's budget process and the release of the official BEBR population estimates and projections. The update will include: lA. Revision of population projections; ~B. Updates of facility inventory; JC. Update of unit costs; Words underlined are added; words ctruol< through are deleted. 14 Capital Improvement Element As Adopted by BCe 1.30-07 f f 2A 4D. Update of facilities requirements analysis to project 10 year needs (by fiscal year) in order to program projects to meet the service standards; E. Update of revenue forecasts in order to evaluate financial feasibility and the County's ability to finance capital improvements needed to meet the Service standards; .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 1 st; and, +G. Update of the public school and health facilities analysis. 6. Concurrency Management System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended. The system consists of the following components: A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities. as described in Policy 1.1 above, compared to the standards for levels of service adopted in Policy -h 1.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecasts the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. +he Notwithstanding any other provisions in the this Capital Improvement Element, the annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of Category L^1 public facilities for the purpose of issuing development orders during the 12 months following the approval of the AUIR. The AUIR will go into effect immediately upon approval by the Collier County Board of County Commissioners. B. Public facility capacity review. The County shall use the procedures specified in Implementation Programs I and 6 to enforce the requirements 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 particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. Words underlined are added; words struok through are deleted. 15 Capital Improvement Element As Adopted by BCC 1-30-07 2A D. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: 1. Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-Wide public facilities are applied to development orders based on levels of service throughout the County. 2. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. 3. Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: a. annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service. 7. 8eeoRd 5 yeaF Third Evaluation and Appraisal Report The required second 5 year third Evaluation and Appraisal Report (EAR) will address the implementation of the goals, objectives and policies of the 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 forth 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. 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U Z .....; ,,' ,..; .,.: 'n v \...J 2A o ~ ~ a. 2A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-07 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Cierk Ex-officio to Board of County Commissioners r ~ , ' ~'Io-( , By: Ann Jennejohn, Deputy Clerk Ii. 2A '\ May I, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-IER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice of Intent to find the portion ofthe plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice of Intent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2,2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order ifno timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May I, 2007 Page Two Please, be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice ofIntent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2A 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MMlbp Enclosure: Notice ofIntent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2A STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENT 07-1ER AMENDING FUTURE LAND USE /Docket No. 07-ER-NOI-IlOl-(A)-(N) ELEMENT MAP AND TEXT, THE CAPITAL IMPROVEMENTS ELEMENT. STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs (Department), pursuant to Rule 9J- 11.012(6), Florida Administrative Code, hereby issues this Statement of Intent to find the Collier County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle Meade and the associated text amendments to the 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 "in compliance" based upon the Objections, Recornmendations and Comments Report issued by the Department on July 28, 2006, which is hereby incorporated by reference. The Department finds that the Amendments are not "in compliance" as defined in Section 163.3184(1)(b), Florida Statutes, because they are not consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J-5, Florida Administrative Code, for the following reasons: 1. CONSISTENCY WITH CHAPTER 163 FLORIDA STATUTES, AND RULE 9J-5, FLORIDA ADMINISTRATIVE CODE A. INCONSISTENT PROVISIONS 2A I. Ordinance No. 07-18; Future Land Use Element and Map Series Amendment: The inconsistent provisions of the Future Land Use Element and Map series pertain to changes to North Belle Meade Overlay as follows: Natural Resource Protection: The Future Land Use Map as it pertains to Section 24, and the text changes on page 45 ofthe strike through and underline version of the plan as it pertains to Section 24 are not in compliance because: 1. It is internally inconsistent with the provisions ofBl.d, on page 44 of the strikethrough and underline version, pertaining to Red Cockaded Woodperkers (RCW) because the best available data indicate that Section 24 contains RCW habitat and therefore should be designated as Sending Lands consistent with the definition of Sending Lands in the County's comprehensive plan. According to the Comprehensive plan Sending Lands "are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species". 2. The Future Land Use Map as it pertains to the Section 24 is also inconsistent with Rule 9J-5.013(2)(b)4 which requires the County to conserve, appropriately use and protect wildlife habitat. This is because the best available data indicate that RCW habitat is present on Section 24 and as such the property should be designated as Sending Lands. 3. Furthermore, these amendments are 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 comprehensive plan, as well as plan amendments to be based upon relevant and appropriate data and analyses. 2 2A [Chapter 163.3177(6)(a), (d), & (8)., Florida Statutes (F.S.); 9J-5.005(2) and (5), 9J- 5.006(3)(b)4., (3)(c)l., & 6.; 9J-5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida Administrative Code (FAC)]. 2. Ordinance #: 07-07; Capital Improvements Element Chanl!es: The inconsistent provisions of the Amendment under this subject heading are as follows: I. 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 of roads, revenues will come from gas tax, impact fees, bond, carry forward, grants, developer contribution (i.e., Ave Maria), general fund, and transfers. As a result, it is not possible to determine 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 cornmitted sources of funds for years I through 3, and with cornmitted and or planned sources in the 4th and 5th 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 ofthe schedule, i.e., to determine 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), 163.3177(6)(a), (c), (8), & (lO)(e), F.S., and 9J-5.005(2)(a), (c), & (e), 9J-5.006(2)(a), 9J-5.011(l)(b), (1)(t), (2)(b) 1. & 2., & (2)(c)1., and 9J-5.016(l), (2), (3)(b)l, 3, 4, 5, (3)(c)6, & 8, and (4), and 9J-5.019(4)(c)1., F.A. C] 3 2A B. Recommended remedial actions: The above inconsistencies may be remedied by taking the following actions: I. Ordinance No. 07-18; Future Land Use Element and Map Series Amendment: Revise the North 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 with the Sending Lands provisions ofthe Plan, as well as with amended Section ofthe 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) of the revised Future Land Use Element (strikethrough and underline version) and treat the Section 24 Sending Land the same way as other Sending Lands in North Belle Meade. 2. Ordinance No. 07-07; Capital Improvements Element Chanl!es: 1. Revise the Five -Year Schedule of Capital Improvements to cover five years as required. 2. 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".~ ,0 2!~ Ii' .s. n ~ ~ g " ~~ ~ ~. ~R~ ~zf y'g ~. 00 O~ .~ 6 2!~g On~'" o < ~'!}~ ,...00 ~"'O -" ~" Q~~ . - ~ ~ ~ s. " -. . ~ 0 !l~~ "oil' ~~ ~ g~9- 0' ---..l n :,:j~ ~ . ~ 6- ~ 3 l:: 8 . ~ 2~ Ei ~ 2! ~ ~ !;; '" " ~ '" fii " ~ o z ~ ~ ;;; 0' ~ g- ~ n ~ a ~ ~ e t ~ ~~. ~ ~ 0 s ~ Q~Uz ~ ~ ~I~I~~ ~ i2!t~~~!\l~~ q- o("J!a-;b"'l:l ~ ~ ooo;:i~~ > '[ W~@~~ld~~ ~ zn1il ;;JIO~ ~ Q("J-.l .... i3 0 [ ::,01;>; ~~8 S ~ " tl 0 E > z '5; ~~~ !:1~ ~ 2 ~:"in8n" QJ - !~~~~~ ~ ~~~~ ~ ~~ .~ ~ o t .. o ; ~ ~ .~ ~ o o .~ il '""' 2! n o ~ ~ .Q g, ~ 8- S . o ~ t ~ r.: " o ~ ...... .,.. ~ 't. ~ l f ~ ~ '" ~ f ,. ~ ~ , ~ ?, ~ m ~ 28 ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed TRANSPORTATION ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, 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 AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the TRANSPORTATION ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan TRANSPORTATION ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 28 and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the TRANSPORTATION 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier C()uoty this 25th day of January, 2007. . (j~: ::Y':~i ,~i' . ~~':;>, .-" ,y~ BOARD OF COUNTY COMMISSIONERS COLLIER COUJ*JY, FL ID j"/ BY: JAM m~/L(.t. on. {JtLl~ -fl;tM~ MAR RIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 TRANSPORTATION ELEMENT Item# cJo 6;~;da l!arbq- I :;;~;j ~1--, l\,~ 1 t.~~1~~ ~-t'7Sf 2 1", ..-. '.',.."'__ ,.".~--""--_,,~_,,",,J Transportation Element As Adopted by BCC 1-30.07 EXHIBIT "A" 28 1. Land Use Issues [Revised text, page 6] The Transportation Element is closely related to the Future Land Use Element. It has long been the pattern that the development of land necessitates improvements and expansion to the transportation system. The two elements are so closely tied, in fact, that changes or shifts in the land use patterns can drastically impact the performance of the roadway system. It is for that reason that the County requires most land development proposals (e.g., DR I, rezone and proyisional conditional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the recommending and approving authorities. As an alternative to this pattern of demand driving the transportation system improvements, the County has begun to explore ways to have the roadway system guide the patterns and densities of development. The County can determine the type of roadway system it wishes to maintain at the adopted level of service and then take steps to permit the type of land uses that will be consistent with that system. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the supply of the roadway system. The County has also recognized the importance of good site planning as it relates to a projec(s ingress and egress from the major roadway system. Inadequate control of access points, median openings and signalized intersections can accelerate the deterioration of the systems overall level of service just as fast as the increases in traffic volumes. The County has developed and adopted policies to control the number, location and type of access points to the road network. These policies are based on the Collier County Access Management Control Policy (Resolution No. 92-42) and follow-up Resolution No. 01-2461, and existing road and land use conditions, and are outlined in Section 4.04.02 ffi of the Land Development Code. An acccss management plan map exists for each mixed use activity ccnter. The purposc of the access management plans is to minimize the adverse impacts to safety, capacity and opcrating conditions of the road\vays, while providing adeql:1ate access to thosc properties. Access points on state contr-olled roads are sub-ject to approval by the Florida Department of Transportation. ~~. Marco Island Airport Impacts [Corrected numbering error, page 7] D. IMPLENTATION STRATEGY [Revised text, page 9] As part of the Transportation Element, the County established minimum acceptable level of service standards on the existing highway system. For County facilities, the level of service standard to be maintained is "D" or "E" as measured on a peak hour basis. Several County and State facilities have been given a minimum LOS "E" standard. Words underlined are added; words struok through are deleted. I Transportation Element As Adopted by BCC 1.30-07 28 To maintain the adopted LOS on roadways, the County has implemented a concurrency management regulatory program that ties issuance of development orders to the demonstration of adequate capacity on all roadway segments that would be significantly impacted by new development. In summary this program maintains an inventory of the following for each arterial and collector roadway segment: . Actual traffic on each segment as determined through an annual traffic counting program. . The peak hour service capacity as determined by engineering analyses performed by the Transportation Division, and . Capacity that will be used by new development for which a Certificate of Adequate Public Facilities has been issued. In order to prevent sudden unanticipated LOS failures, the County will adopted, 'Nithin ORe year or sooner, a "real time" "checkbook accounting" concurrency management process on February II, 2004. See the Adequate Public Facilities Ordinance Requirements (DivisioR 3.15 Sections 6.02.00 and 10.02.07 of the Land Development Code) for details of this process. 1. Monitoring [Revised text, page 9] Division 3.15 Section 6.02.00 of the Land Development Code is also known as the Collier County Adequate Public Facilities Ordinance (APFO) Requirements. It describes the annual count program done on County roads to determine their annual average daily traffic (AADT). It describes how the relationship between that AADT and the segment's adopted level of service (LOS) standard determines the road segment's level of service. The current levels of service at which road segments are operating are reported annually in the Annual Update and Inventory Report (AUIR). This report indicates which segments are operating at levels of service worse than their adopted standard LOS. It also contains predictions of when certain segments will reach levels of service that exceed their adopted standard LOS. Although traffic volumes are expressed as AADT, LOS calculations are done to ensure adequate levels of service. Peak season, peak hour traffic conditions are skewed in Collier County because of the heavy influx of seasonal residents and tourists. As such, it is deemed an inappropriate and unreasonable imposition on taxpayers to provide a roadway system designed for the peak of the peak season. Therefore, the LOS calculations are based on traffic conditions experienced for 10 months of the year with the peak seasonal and tourist months of February and March omitted from the analysis. Introduction: [New text, page 10,11] The Transportation Element establishes policies for the movement of people. goods. and vehicles throughout unincorporated Collier County. Collier County seeks to provide a multimodal transportation system that is safe. cost- effective to construct and maintain. accessible to all residents and visitors, energy- Words underlined are added; words struok through are deleted. 2 ") "t) c.u Transportation Element As Adopted by BCC 1.30-07 efficient. and capable of serving both existing and future travel demand. The County's transportation system must be compatible with and support the goals, objectives and policies of the Future Land Use Element and the other Elements of the Collier County Growth Management Plan (GMP). The Collier County Transportation Element meets the requirements of Chapter 163, Part II. Florida Statutes (FS), the "Local Government Comprehensive Planning and Land Development Act," and the Florida Department of Community Affairs Rule 9J-5.019, Florida Administrative Code (FAC). The County has coordinated this Transportation Element with the Long Range Transportation Plan of the Collier County Metropolitan Planning Organization (MPO). As noted above, the Transportation Element addresses the movement of people and goods around Collier County. This Element is comprehensive and far-reaching. addressing the variety of transportation modes available to Collier County residents. It also addresses a variety of transportation issues. The Element includes Objectives and Policies related to the following topic areas: · Maintaining the County's maior roadways at an acceptable Level of Service. . The commitment to making roadway improvements in accordance with a Five- Y ear Work Program. . The protection and acquisition of future rights-of-way (ROW). . Providing for the safe and convenient movement of pedestrians and non- motorized vehicles. . Coordinating the development of the transportation system with the Future Land Use Map (FLUM) of this GMP. . Coordinating the development of the transportation system with the transportation plans of neighboring jurisdictions. . Providing for safe and convenient access between adjoining properties and ensuring encouraging safe and convenient traffic circulation within and between future developments. . Establishing and maintaining a "Checkbook" Concurrency Management System. . Developing and operating a Neighborhood Traffic Management Program. . Encouraging safe and efficient travel in rural areas of the County. . Maintaining County-owned airport properties and operations. . Encouraging the safe and efficient use of County transit services. GOAL 1: [Renumbered text, page 11] TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORT A TION SYSTEM THAT PROVIDES FOR BOTH THE MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. Words underlined are added; words struck through are deleted. 3 Transportation Element As Adopted by BCC 1-30-07 28 OBJECTIVE I: [Revised text, page 11] The County will maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the Aannual Update and Inventory Report (AUIRl or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. Policy 1.1: [Revised text, page 11] The County will annually adopt a Schedule of Capital Improvements~ covering a period fte not less than five (5) years, which shall include those projects needed to maintain the County's roadway network at the adopted Level of Service standard. Policy 1.2: [Revised text, page II] The County shall annually appropriate the funds ffi for the ensuing fiscal year that are necessary to accommodate those phases of transportation improvement projects listed in the first year of the Five Year Schedule of Capital Improvements. Programming decisions are shall be based on the AYIR Concurrency Management System, and shall be annually incorporated in the Five Year Schedule of Capital Improvements, as contained in the Capital Improvement Element (CIEl of this Growth Management Plan. Policy 1.3: [Revised text, page 11] County arterial and collector roads as well as State highways not on the Florida Intrastate Highway System (FIHS) shall be maintained at Level of Service "D" or better as addressed in paragraph G I the Implementation Strategy of the Transportation Element except for the roadways listed below that have been widened to six (6) lanes and cannot be widened any further. The County will also adopt FDOT's LOS on roadway segments where the County has entered into a TRIP (a national transportation research group) agreement for funding. TRIP eligible facilities and SIS facilities are identified on Map TR -8 and Map TR -9. Level of Service "E" or better shall be maintained on the following designated all six-lane roadways. Roads Airport PHlling Road Davis BOMle';ard Golden Gate Parkway Goodlette Frank Road LiviRgstoR Road Pine Ridge Road US 41 Yanderbilt Beach Road From US 11 US 41 US 11 US 41 Radio Road US 11 Collier Boulevard Gulfshore Dri ve To Vanderbilt Beach Road ;\irport Pulling Road Santa Barbara Boulevard Pine Ridge Road Immokalee Road Logan Boulevard Lee County US 11 Words underlined are added; words struok through are deleted. 4 Transportation Element l\irport Pulling Road Golden Gate Parkway Goodh~tte Frank Road Goodlette Frank Road Pine Ridge Road US 11 ,^drport Pulling Road l\irport Pulling Road Davis Boule'/ard Golden Gate Parhvay Livingston Road Vaftderbilt Beach Road As Adopted by BCC Pine Ridge Road ,^drport Pulling Road Pine Ridge Road Golden Gate Parkway US 41 Collior Boulevard US 41 Pine Ridge Road YS-4+ YS-4+ Golden Gate Parkv/ay US 41 1-30-07 2B Golden Gate Parkway Santa Barbara Boulevard Golden Gate Parkway US 41 Logan Boulevard Old US 4 1 Golden Gate Parkv/ay Vanderbilt Beach Road ,^.irport Pulling Road '^1irport Pulling Road Radio Road Gulfshore Drive Level of Service "D" or better shaH be maintained on all other county and state arterial and collector roads. The Collier County Transportation Division shall determine the traffic volumes that correspond to the different LOS thresholds on county roads. The Transportation Division shall install, as funds permit, permanent traffic count stations to better identify traffic characteristics of county roads. Based on the traffic count data the Transportation Division shall develop a financially feasible Roads component for the Capital Improvement Program of the CIE. Policy 1.4: OBJECTIVE 2: [No change to text, page 12] [Revised text, page 12] The County will shall maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Policy 2.1: [Revised text, page 12] The County shall include in its Five Year Schedule of Capital Improvements (within the Capital Improvement Element} those projects identified in the Five (5) Year Work Program that are necessary to maintain the adopted Level of Service on the roads ideRtified OR the Five (5) Year '1-fork Progra-m County roadways. Policy 2.2: [Revised text, page 12] The County shall annually appropriate the funds necessary to implement those projects shown in the ffirst year., of the Five Year Schedule of Capital Improvements. Words underlined are added: words struck through are deleted. 5 Transportation Element As Adopted by BCC 1.30.07 28 OBJECTIVE 3: [Revised text, page 12] The County shall provide for the protection and acquisition of existing and future right~- of-ways based upon improvement proiects identified within the Five Year Work Program and/or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long- Range Transportation Plan. Policy 3.1: [Revised text, page 12] The County has implemented and maintains an advanced Right-of-Way Preservation and Acquisition Program. Policy 3.2: [Revised text, page 12] The County shall continue to includes funding specifically earmarked for use in the advanced Right-of-Way Acquisition Program in its annual Capital Improvement Element funding specifically earmarked for use in an adyanced Right of ',!lay Acquisition Program. Studies shall be conducted periodically to identify the long::range right-of way needs of the transportation system based on buildout. Following their,- completion of these studies, the Transportation Administrator will present a program of funding that includes actions necessary to protect and acquire needed right-of-way. Policy 3.3: [Revised text, page 12] The County shall acquire f!: sufficient amount of right-of-way to facilitate arterial and collector roads of no less than a cross section of six (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, flfHl f!: shoulder sufficient for pull offs.. and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build-out will be less than the standard. Policy 3.4: [Revised text, page 13] Collier County shall acquire rights-of-way for transportation improvements in fee simple, unless otherwise determined appropriate by the BGG Board of County Commissioners based upon f!: recommendation ef from the Transportation Administrator. OBJECTIVE 4: [Revised text, page 13] The County shall provide for the safe and convenient movement of pedestrians, flfHl motorized and non-motorized vehicles through the implementation of the Collier County Comprehensive Pathway~ Plan. Words underlined are added; words 6truok through are deleted. 6 Transportation Element As Adopted by BCC 1-30-07 Policy 4.1: [Revised text, page 13] 28 The County shall, incorporate the Collier County Comprehensive Pathway~ Plan into this Transportation Element by reference and shall periodically update the Pathways Plan as needed. Poliey 4.2: [Deleted text, page 13] The COHnty shall provide for support services, and resources \.vithin the Collier County Metropolitan Planning Organization to coordiFlate the Bicycle/Pedestrian Program. Policy 4.~~: [Renumbered, revised text, page 13] The County shall provide an interconnected and continuous bicycle and pedestrian system by ffiakiFlg constructing the improvements identified on the ~ 2030 Pathway Facilities Map series as funds permit. Policv 4.3: The County's pathway~ construction program should be consistent with the Comprehensive Pathway~ Plan to the maximum extent feasible. The Pathway l\dvisory Committee shall, to the maximum exteFlt feasible, provide recommendations on the choice of projects to be included in the pathway construction program, and the order in which they are constructed. Policy 4.4: [Revised text, page 13] The County shall annually adopt a Five (5) Year Pathway~ Work Program.. which establishes pathway priorities, including proiects to retrofit existing streets to accommodate bicycles and pedestrians. Policy 4.5: [Revised text, page 13] The County shall, to the greatest extent possible, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway~ Work Program. Policy 4.6: [Revised text, page 13] The County shall provide for the safe movement of non-motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate beHi bike lanes, sidewalks and pathways.. as deemed appropriate.. in new construction and reconstruction of roadways. Policy 4.7: [Renumbered text, page 13] Words underlined are added; words struok through are deleted, 7 Transportation Element As Adopted by BCC 1-30.07 Policy 4.8: [Renumbered, revised text, page 14] The County shall follow the most current bicycle and pedestrian facilities design and construction standards. as developed by the Florida Department of Transportation te-the extent which is physically and safely possible. OBJECTIVE 5: [Revised text, page 14] The County wilt shall coordinate the Transportation System development process with the Future Land Use Map. Policy 5.1: [Revised text, page 14] The County Commission wilt 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 density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any such request petition or application that would directly access a deficient roadway segment or if it impacts an adiacent roadway segment that is deficient, or which significantly impacts a roadway segment or adiacent roadway segment that is already currently operating and/or is projected to operate at---aft unacceptable below an adopted Level of Service Standard within the five year planning period, unless specific mitigating stipulations are also approved. Traffic analyses to determine whether a petition or application has significant project impact~ shall use the following to determine the study area: a. For Qe. links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds ~ 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds ~ 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds ~ 3% of the adopted LOS standard service volume. Policy 5.2: [No change to text, page 14] Policy 5.3:, [Revised text, page 14] In order to determine vesting. where desired. all The County conducted a Traffic Impact Vesting ,A.ffirmation Revie'/l in 2003 to determine for planning purposes only which developments may be vested for concmrency. No legal determination of vested status for projects was made and even though the initial review indicatcd vcsting, this finding does Rot providc a legal presHmption that a project is vested. All previously approved projects must go through a vesting review pursuant to Subsection 3.15.7.2.6. 1O.02.07.B.6. of the Land Development Code. Words underlined are added; words struck through are deleted. 1 2B 8 Transportation Element As Adopted by Bce 1-30-07 28 Poliey 5.4 [Deleted text, page 14] To optimize the County's transportation analysis, the County shall prepare an analysis of the tfansportatioFl system within the urban area utilizing SYNCHRO or other cmrent traffic analysis techniques and tools by January 2004. Policy 5.S4: [Renumbered, revised text, page 14.1] Pursuant to Rule 9J-5.0055(6)(a)3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of theis Plan, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below7~ -l-A. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by morc than 5% or more of the capacity at the adopted LOS standard shall meet the transportation concurrency requirements specified in Capital Improvement Element, Policy -h5.3. ~B. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.6 are exempt from the transportation requirements of Capital Improvement Element, Policy -h5.3. Policy 5.'5: [Renumbered, revised text, page 14.1,14.2] Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Planning Division Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. Words underlined are added; words ctruak through are deleted, 9 Transportation Element As Adopted by BCC 1-3g,07 2 B d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed work '.'leek workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would be expected to reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would be expected to reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would be expected to reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification from the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (shall be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. d) Including affordable-workforce housing at 150% or less of median income (minimum of 25% of the units) within the development, in accordance with Section 2.06.00 of the Collier County Land Development Code, Ordinance No. 04-41. as amended March 28, 2006. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Words underlined are added; words struck through are deleted. 10 Transportation Element As Adopted by BCC 1-30-07 28 Developments within the South u.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 5.+6: [Renumbered, revised text, page 14.2] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads are is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: -l-A. Northwest TCMA - This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). ~B. East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR-6). Policy 5.87: [Renumbered, revised text, page 14.3] Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Transportation Element, Policies 1.3 and 1.4 of this Element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy -h5.3 of the Capital Improvement Element of the Plan. Policy 5.98: Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1 % of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.&1 of this Element, a proportionate share congestion mitigation payment shall be required as follows: Words underlined are added; words struck through are deleted. 11 Transportation Element As Adopted by BCC 1-30-07 28 a. Proportionate share Congestion mitigation payments shall be calculated using the formula established in Rule 9J-2.045(2)(h), Florida Administrative Code. The facility cost for a constrained roadway link shall be established using a typical lane mile cost. as determined by the Collier County Transportation Administrator~ of adding lanes to a similar area/facility type as the constrained facility. b. Proportionate share Congestion mitigation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non-automotive transportation alternatives~ which adds trip capacity within the impact fee district or adjoining impact fee district. c. Proportionate share Congestion mitigation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and Ele shall not influence the concurrency determination process. d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR 7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCMA are maintained. OBJECTIVE 6: [No change to text, page 14.3] Policy 6.1: [No change to text, page 15] Policy 6.2: [Revised text, page 15] The Transportation Element shall consider any and all applicable roadway plans of the City of Naples, City of Marco Island, Everglades City. Florida Department of Transportation, Southwest Florida Regional Planning Council, City of Bonita Springs and Lee County. Policy 6.3: [Revised text, page 15] The Transportation Element shall be consistent in its interface into the arterial/collector system within the City of Naples, Everglades City and the City of Marco Island. Policy 6.4: [No change to text, page 15] Policy 6.5: [No change to text, page 15] OBJECTIVE 7: [Revised text, page 15] Words underlined are added; words struck through are deleted. 12 Transportation Element As Adopted by BCC 1-30-07 2 B The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as and shall encourage safe and convenient on-site traffic circulation through the development review process. Policy 7.1: [No change to text, page 15] Policy 7.2: [No change to text, page 15] Policy 7.3: [Revised text, page 15] The County shall implement, through its Zoning Ordinance, the provision of safe and convenient on site onsite traffic flow and the need for adequate parking for both motorized and non-motorized vehicles as a primary objective in the review fet: of Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications- review process. Policy 7.4: [Revised text, page 16] The County shall develop corridor management plans that take into consideration urban design and landscaping measures that will promote positive development along the major arterial entrances to the urban area. Such plans shall take into account the recommendations of the Community Character Plan, County-sponsored afld the initiatiyes of Smart Growth initiatives. and the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs) as the Board of County Commissioners may aflflually periodically appropriate funding for these plans. Policy 7.5;. [Revised text, page 16] The County shall develop Corridor Access Management Plans. Such plans shall be designed to make median modifications and other operational improvements, including removal of traffic signals, necessary to recapture lost capacity and enhance safety. The development of such plans shall consider the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs). as may be appropriate. Policy 7.6: [N ew text, page 16] The County shall use community impact assessment techniques in evaluating projects in the transportation planning process. These techniques include the use of the Efficient Transportation Decision Making Process (ETDM) through the Long Range Plan to address environmental and socio-cultural issues as well as corridor specific analysis through the Project Development and Environmental Studies and Corridor studies. In addition, during the design of transportation projects there are numerous design and special meetings to take into account the socio-cultural elements of the community Words underlined are added; words struok through are deleted, 13 Transportation Element As Adopted by BCC 1-30-07 2 ,.-, b including character issues such as aesthetics, avoiding or mitigating for environmental impacts, noise and community disruption issues. OBJECTIVE 8: [No change to text, page 16] Policy 8.1:, [Revised text, page 16] Each year, the county will use short:.term projections of previous years' traffic volume growth to estimate the year in which LOS deficiencies wH-l are likely to occur on Ceounty roads. This information will be used to prepare the annual update of the Ceounty's schedule of Capital Improvements in a manner that ensures the maintenance of concurrency on County road facilities. Policy 8.2:, [Revised text, page 16] Pursuant to Chapter 163.3180 F.S., and in accordance with the Collier County Adequate Public Facilities Ordinance (Land Development Code Division 3.15 Sections 6.02.00 and 10.02.07), development proposals shall be required to submit traffic impact analyses. OBJECTIVE 9: [Revised text, page 16] The County shall encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, which are not classified as arterials or collectors through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP). In developing strategies and measures to encourage such conditions. the NTMP shall consider the impact of such strategies and measures on the adjacent arterial and collector systems (from a level-of-service and operational standpoint). Policy 9.1:, [Revised text, page 16] The County shall incorporate the Neighborhood Traffic Management Program into this Transportation Element by reference and shall update Program provisions as needed. Policy 9.2:, [Revised text, page 16] The County shall provide for support serVices, resol:lrces and staff to coordinate the Pr{)gram. The purpose of the Neighborhood Traffic Management Program (NTMP) shall be to establish procedures and techniques that promote neighborhood livability by mitigating the negative impacts of traffic on residential neighborhoods. The strategies and measures utilized by the NTMP may include. but shall not necessarily be limited to: (a) Educational programs that seek to remind speeding drivers of the negative effects of their actions. Such programs may use brochures or neighborhood newsletters Words underlined are added; words struok through are deleted, 14 Transportation Element As Adopted by BCC 1-30-07 28 to spread this message. Newsletters may also contain information on speeding fines (particularly in school zones), pedestrian and bicycle safety tips, and information on average speeds in the neighborhood. (b) Enforcement measures, which may involve the temporary establishment of a more intensive police presence and a better allocation of patrol time devoted to enforcing traffic safety in a particular neighborhood. (c) The use of engineering techniques (also known as traffic calming) to slow traffic on certain streets and/or to divert through-traffic away from certain neighborhoods. The use of such techniques shall consider their potential impacts to emergency vehicles, bicyclists and pedestrians. Policy 9.3:, [Revised text, page 16] The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The Collier County Transportation Division shall develop guidelines. which identify the conditions that would require the interconnection of two neighboring developments, and shall also develop standards and criteria for the safe interconnection of such local streets. Policy 9.4:, [Revised text, page 16] The County shall define on a project::by::project basis, the acceptable amount of rerouted traffic as a result of a traffic management project.:. Policy 9.5:, [Revised text, page 17] The County shall encourage proiects which provide local resident. pedestrian, bicyclist and motorist movement between and among developments on neighborhood streets in a deliberate balance with its efforts to route cut-through traffic away from neighborhoods and to the ~ roadi-vays arterials and collectors designated in theis Transportation Element of the Collier County Growth Management Plan. Policy 9.6:, [Revised text, page 17] The County shall review impacts on emergency vehicle access or response time to neighborhoods. both before and after implementation of traffic calming measures. If emergency vehicle access or response times into a neighborhood have been adversely impacted by the traffic calming measures, the County shall work with the relevant emergency responders to reduce or eliminate such adverse impacts while still maintaining traffic calming measures. Policy 9.7:, [Revised text, page 17] Words underlined are added; words struok through are deleted. 15 Transportation Element As Adopted by Bee 1-30-07 ?Q t~ .1-1 Roadways identified as collector or arterial facilities are not eligible for participation in the NTMP. Policy 9.8,;, [Revised text, page 17] The County shall consider a variety of traffic calming devices to achieve the NTMP' S~ objectives for a project. Such traffic calming devices shall be planned and designed in conformance with sound engineering and planning practices. Primary funding for such plans shaH may come from the local funding initiatives such as MSTUs or MS+BUs for the area that is to benefit from the traffic calming. Policy 9.9,;, [Revised text, page 17] To implement the NTMP, certain procedures shall be followed in processing neighborhood traffic management requests in accordance with applicable codes and related policies and within the limits of available resources. At a minimum, the procedures shall provide for: - .s.submittal of project proposals; - Eevaluation of proposals by staff; - Ceitizen participation in plan development and evaluation; - Mmethods of temporarily testing traffic management plans when needed; -Ceommunication of any test results and specific findings to area residents and affected neighborhood organizations before installation of permanent traffic calming devices; and - Aappropriate County Commission review. OBJECTIVE 10,;, [Revised text, page 17] The County shall encourage safe and efficient mobility for the rural public. Policy 10.1,;, [Revised text, page 17] The County shall develop a program to examine the maintenance and operational needs of the rural roadway system. This program will, addressing the mobility needs of the rural resident~ to include the availability of roads for rural-to-urban travel, travel within the rural area. and as well as for hurricane emergency evacuation purposes. Policy 10.2,;, [Revised text, page 17] The County shall continue to improve transit services for the transportation disadvantaged in the rural areas through the Community Transportation Coordinator (CTC). Polie)' 10.3 [Deleted text, pages 17, 18] The COHflty shall incorporate herein by reference the Corridor Management Plan for the Tamiami Trail Scenic Highway, Y/hich formed part of the application for Scenic Words underlined are added; words struok through are deleted. 16 Transportation Element As Adopted by BCC 1-30-07 28 High'.vay designation authorized by the Board of County Commissioners on November 3, -l-998-: OBJECTIVE l1l [Revised text, page 18] The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities, consistent with the approved Airport Master Plan for each Airport. Policy ILl:, [Revised text, page 18] The County shall herein incorporate by reference the Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport Master Plans. Policy 1l.2l [Revised text, page 18] The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans. Policy 11.3: [New text, page 18] The Collier County Metropolitan Planning Organization (MPO) has assisted Everglades City in obtaining Federal funds to enable the City to maintain and operate the Everglades Air Park. Given the assistance provided to Everglades City by the MPO, the Collier County Board of County Commissioners shall coordinate with the Everglades City Council to ensure a safe and orderly transfer of the Everglades Airpark and all related facilities to Everglades City for use as a public airport only. Such transfer shall be in a manner that does not compromise the safety of the Airpark and the future facility plans authorized by the Everglades Airpark Master Plan. In the event the Airpark ceases operation or ceases to operate as a public Airpark, the Airpark property will revert back to Collier County. Conditions of a transfer and reverter provisions will be set forth in a transfer document or the deed for transfer. OBJECTIVE 12: [No change to text, page 18] Policy 12.1: [Revised text, page 18] The Collier County Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist the local community transportation coordinator in the implementation of the most efficient and effective level of service possible for the transportation disadvantaged. The Transportation Disadvantaged Program shall be implemented through the County's regular bus system. Policy 12.2: [No change to text, page 18] Words underlined are added; words f;truck through are deleted. 17 Transportation Element As Adopted by BCC 1-30-07 Policy 12.3:, [Revised text, page 18] Collier County shall be the managing authority of the Collier Area Transit (CAT) system. Policy 12.4: [Revised text, page 18] The County shall, in recognition that the potential for public transit service between Bonita Springs.. in Lee County.. and Naples. in Collier County. exists, consider any intergovernmental efforts. which are necessary to bring about such service. Policy 12.5:, [Revised text, page 18] The County shall continue to partIcIpate in the MPO planning process through implementation of an interlocal agreement with the City of Naples.. afttl the City of Marco Island, and Everglades City and ffi a Joint Participation Agreement with the FDOT. Policy 12.6: [Revised text, page 18] The County will shall participate in the MPO planning process as a voting presence on the MPO Board and the Technical Advisory Committee (T AC). Policy 12.7: [No change to text, page 18] Policy 12.8: [Re-entered previously deleted text, page 19] Any adopted transit development plan shall include an acceptable level of service standard for transit facilities. Policy 12.9: [Returned re-numbering to original order, revised text, page 19] The County shall include capital expenditures for any adopted transit development plan in the Capital Improvement Element. Policy 12.10: [Returned re-numbering to original order, revised text, page 19] The County shall incorporate herein by reference the most recent Public TntflsportatioH De';elopment Plan and Public Transit Operating Development Plan adopted by the Board of County Commissioners. EAR-TE Adopted by Bee G: Comprehensive/EAR Amendment Modifications/BCe Adoption Final 2.2.07 Words underlined are added; words struok through are deleted. 18 IZl COUNTY BARN RD Il) I-< 0 U M -c( 0:: ~ ~ ~ - M () t':I 0 .... \0 0 0 0 0 ::1E E-< - - ::1E <C J: ~ W ~ ~ ..... 00 <C ''''It .... i:l M M Z CO Il) 0\ 0 (/) "0 w .(j) VI N ..J Il) \0 \0 ~ ~ 0 > ~ ..J OJ ..... ~ (/) U \0 :> I-< t'-- - Il) 00 <C ~ 00 0 -.:t N M M 0 U ~ \0 C- .2 ro U5 BA YSHORE DR C/) ~ 0>::2: ci Il:l C> .*. z t (0 ~ I ci fo- UJ !Xl (; Z ~ ii: ~ ll. ('I') <( ci :::; '" I,() C3 .... Q ci 0 ~. c..f "_.":'-' .;. ~i ~ ~ 8-:d .....~O') ;;-~;:- o"'~ &i~~ o ,0 ~:;~ III II Kl U~ _lIl_ 0_0 EO E " E " "'''''' """'",, #,':-;;cf!. Oa"N 000 ' ~<ci~ aJ~~ ~<OOO .....~~ II II II 'E-- "c: c: o a a uuu -'-' ~ B ~'E~ ~ lH =1\10 <(>z - <( W cO 01- .-- "'cu cu CD ~~ 0<( a. en c c 0 ~cu.. I ~ a. a:I-CD I-....u ~>< tnW .~ ::)U .,cc ...e ~ ~ o ~ tnu c o o .~ ~ -" '" lII;i >oj! ~ a ~ ~o ';; a: " . 1:-. C il .~ i! 1l i ~~ <( b ~ Ji ,,~~ >= 8 c ~ ~n n ~ ~ g~ :i ~ ~ ~iDOIIII STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-08 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners lL.w 1fr QL. By: Ann Jennejohn, Deputy Clerk 28 ,~ ,~ .' \ 28 May 1, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department ofCornmunity Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-lER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (FS.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3 1 84(1)(b), FS. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice of Intent has been sent to the Naples Daily News for publication on May 2,2007. The Department~s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order ifno timely petition challenging the amendments is filed. Any affected person may file a pC';j;nn with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), FS. No development orders, or permits for a development, dependent on the amendment may be issued or COrnmence before the plan amendment takes effect. Regarding the portion ofthe amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section l63.3l84(8)(c)2, Florida Statutes, requires a local government thit has an internet site to post a copy of the Department's Notice ofIntent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for phlic inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida ~ 2B ~ , 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3l89(3)(a), FS. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MMlbp Enclosure: Notice of Intent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2C ;'tf ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25,2007; and WHEREAS, 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 AMENDMENTS TO THE SANITARY SEWER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACIL TIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. I 2C 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 Amendment to the SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. ,CLERK ",..,~ ... ..-':..' ,r ... . .1'" : . . . ; ~'. ut..~jt~ t~: Chl.l1 nun ~ ';;', ' '~':"",t ...~j on'1- ,...... . 'l~"'I,..._~~~\., '. APPROVED ASfoJ=70RM AND LEGALSUFf.lC,f5NCY: d'1b JiAAL 00\. ~1AJ~,-/ki/1 /~ ' MAR RIE M. STUDENT-STfRLlNG ~ ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COU.r,lTY, F 0RI BY: JA 2007 SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Fom# ~ I --,'-1~~D:+ t Ii cQ/pJl~ I ~~UM4~ 2 '11.."_,"~."".,.",~,...,,,,,,,,,,:,...~._.......,,)...~__...........,:~ Sanitary Sewer Sub-Element As Adopted by Bce 1.30-07 , 2C EXHIBIT "A" I. INTRODUCTION [New text, page SS-24] The purpose of the Sanitary Sewer Sub-Element is to provide for the health and safety of the residents of Collier County by ensuring adequate wastewater collection and treatment facilities that are cost-effective and environmentally sound. Such facilities may be provided through the Collier County Water-Sewer District private utilities. other public utilities that operate within portions of the unincorporated County. or (in certain areas) private septic systems. In addition to collection and treatment of residential and commercial wastewater. the Sanitary Sewer Sub-Element also contains provisions regulating the reuse of treated effluent for irrigation purposes. Regardless of the service provider. or the manner in which service is provided to the customer. the provisions of the Sanitary Sewer Sub-Element shall be designed to ensure a safe. consistent and quality level of service for all customers. Words underlined are added; words ctruok through are deleted. Sanitary Sewer Sub-Element As Adopted by BCC 1-30.07 Goal, Objectives and Policies Sanitary Sewer Sub-Element 2C GOAL I: [Number Removed, page SS-25] OBJECTIVE 14: [Renumbered, page SS-25] Policy 1.14: [Renumbered, page SS-25] Policy I.h2: [Renumbered, revised text, page SS-25, SS-26] Consistent with the t:Hbaft growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map~ (Figure SS-1 and Figure SS-1.1 ); the Existing and Future Sewer Service Areas map~, which includes the Rural Transition Water and Sewer District (Figure SS-2 and Figure SS-2.1). tfle RHral Transition \l.'ater aRd Sewer District Mirasol map (Figure P'N 2.1 in the Potable '>later Sub element); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County. at its discretion. may serve Towns. Villages. Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay (RLSA); Towns, Villages, Hamlets, and Compact Rural Developments within the RHral Lands Stev.ardship l\rea Overlay may be sef'/ed by the COHnty, at the COURty'S discretioR; presently, the County has no plans to serve any portion of the Rural Lands Ste'.vardship ,\rea Ovcrlay RLSA. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship l\rea O','erlay RLSA: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities, and; Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central sewer facilities, and, Compact Rural Developments that are one hundred (100) acres or less in size may be required to be served by central sewer facilities, depending upon the permitted uses within the Compact Rural Development. These facilitics may be provided by the pri',ate sector, aR iRdependent wastevlater authority, or some other non County utility provider. The private sector, Collier County. an independent wastewater authority. or some other non-County utility provider may provide these facilities. For the purposes of this policy and policies 1.+:4, +-:5.1, and +-:5.3 of this Sub-Element, within the Rural LaRds Stewardship ,-'\rea Overlay RLSA, the term ~central sewer facilities: includes decentralized community treatment systems~ and, innovative alternative wastewater treatment systems such as decentralized community treatment systems, shall not be prohibited by this policy provided that they meet all applicable regulatory criteria of Chapter 64E-6 F.A.c. Words underlined are added; words Etruol< through are deleted. 2 Sanitary Sewer Sub.Element As Adopted by BCC 1-30-07 2C A decentralized community wastewater treatment system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with applicable regulations Chapter 64E-6 F.A.C. System facilities located on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy h2.1 of this Sub-Element. Policy 1d-.3: [Renumbered, revised text, page SS-26] By the time mandated for the adoption of land development regMlatioas pursMant to Chapter 163.3202, P.s., inclMding any amendments thereto, the Cmlfity viill establish and implemeat a program reqMiring that pri';ate sector sanitary sevier service utilities establish aDd file ','lith the Collier County Utilities Division aa anaMal state meat of their policy cmd service criteria, including level of ser/ice provided, consistent with the goals, objectives aad policies of this Plan, for the expansion and/or replacemeat of their facilities to correct existing deficiencies and provide for fMture growth within their respective service areas. ,'\lso, Couaty OrdinaBce 80 112 requires any new development connectiag to private STP submit capacity availability iaformation with building permit applications. The Collier County Water and Wastewater Authority (Authority), established by County Ordinance Number 96-6, regulates the operations of private sector wastewater treatment utilities that provide sanitary sewer services to portions of unincorporated Collier County. All such private sector sanitary sewer service providers are required to meet the County's adopted wastewater treatment Level Of Service (LOS). All private sector sanitary sewer service providers shall file an annual statement with the Authority that provides current operating information including, but not limited to: a statement of current policies and service criteria, the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for wastewater treatment. The annual report shall also document any necessary or proiected facility expansion and/or replacement proiects that are required to correct observed deficiencies. Policy hl.4: [Renumbered, revised text page SS-26] Collier County Ordinance NMmber 80 112 requires nev; developmeat projects that propose to connect to private sector sanitary sev;er service Mtilities to provide a letter of adeqMate capacity to the Collier County BMilding Revie'vV and Permittiag Department at the time of application for a bMilding permit. For any new structure in which plumbing fixtures are to be installed and which is proposed to be connected to a private sector sanitary sewer service utility, the developer is required to provide a letter of adequate capacity from that private utility to the Collier County Building Review and Permitting Department at the time of application for the first building permit, pursuant to Collier County Ordinance Number 80-112. Policy l.M ~: [Renumbered, revised text page SS-26] Words underlined are added; words struok through are deleted, 3 Sanitary Sewer Sub-Element As Adopted by BCC 1-30-07 2C Collier County shall P-Qermit development of package sewage treatment plant systems in areas identified in Policy 1.-!-:-2, on an interim basis until County service is available. The County shall A~llow individual septic systems within the County only when connection to an existing central system is not within 200 lineal feet of the closest property line. readily accessible to render service. and note that In portions of the County where septic systems are allowed, at such time as and fMture County or other central sewer service becomes available within 200 lineal feet of the property line, said septic systems will be required to connect to the COMnty regional appropriate central sanitary sewer system. Within the Rural Lands Stewardship Overlay, consistent with rpolicy 1.-!-:-2: septic systems are permitted within Hamlets; septic systems mayor may not be permitted in Compact Rural Developments one hundred (100) acres or less in size depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (l00) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Poliey 1.1.S: [Deleted text, page SS-26] ContinMe enforcement of ordinances requiring connection of existing and new development to central sanitary sevier systems v,'hen they become a'.'ailable. Connections to a central system shall be made pursuant to Collier County Ordinance 88 4. Policy 1.h6: [Renumbered, revised text, page SS-26] The County wHl shall give master planning and budgetary emphasis priority to regional sanitary sewer system projects. which will provide the means for phase out and connection of existing package sewage treatment plants and areas where septic tank use of high cOflcentrations of septic tanks where such facilities may reasonably be expected to adversely affect pMblic health and safety or the environment, or fails to meet the performance standards for such facilities in Chapter 64E-6, F.A.C. Policy l.h7: [Renumbered, revised text, page SS-27] Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service wHl shall be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance Number 01-57, adopted October 23, 2001, and District construction and operating policies. OBJECTIVE h2: [Renumbered, revised text, page SS-27] Words underlined are added; words struck through are deleted. 4 Sanitary Sewer Sub.Element As Adopted by BCC t-30-07 2C By the time mandated for the adoption of land developmeRt regulatioRs pursuant to Chapter 163.3202, F.S., including any amendments thereto, implemeRt procedures to ensure that at the time a No development order is shall be issued, by Collier County without demonstration that sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy h2.1 [Renumbered, revised text, pages SS-27, SS-28, SS-29] The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY SERVICE AREA LEVEL OF SERVICE STANDARD Collier County Facilities North Sewer Service Area South Sewer Service Area Southeast Sewer Service Area Northeast Sewer Service Area 145 gpcd 100 gpcd 120 gpcd 120 gpcd Marco Island Sewer District UniRcorporated Service .^..rea fMarco Shores} City of Naples Facilities Unincorporated Service Area Everglades City Facilities Unincorporated Service Area 100 gpcd 145 gpcd 100 gpcd Independent DistrictslPFivate 8eetoF 8)'stems Orangetree Utilities Immokalee Water and Sewer District Florida Governmental Utility Authority 100 gpcd 100 gpcd 100 gpcd Private Sector Systems * ~ The standards hereby adopted are the follO'.\'ing sewage flow design standards in (SoMrce: Chapter 100 6 64E-6008, Florida Administrative Code}~unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. Words underlined are added; words struok through are deleted. 5 Sanitary Sewer Sub.Element As Adopted by BCC TYPE OF EST.A...BLISHMENT ChLLONS PER Dh Y (CPD) CommeFeial l\irports a. Per passenger ~ b. l\dd per employee ~ Barber and BeaHty shops (per chair) .J..OO Bowling l\lleys (toilet '.vastes oflly per .J..OO laHeJ Country CIMb a. per resideat member .J..OO b. pcr member present ~ c. per employee ~ Dentist Offices a. per wet chair ~ b. per non wet chair ~ Doctors Offices (per doctor) ~ Factories, exdusive of indMstrial v:astes (galloas per person per shift) a. no sho\vers pro'/ided ~ b. showers provided ~ Food Service Operations a. ordinary restauraat (per seat) ~ b. 21 hour restauraat (per seat) 1!j TYPE OF EST.A...BLISH~fENT CL-\LLONS PER D<A... Y (CPD) c. single serviee articles only (per person) ~ d. bar and cocktailloMnge (per person) ~ e. driye in restaurant (per car space) ~ f. carry out only 1. per 100 square feet of floor space ~ 2. add per cmployee ~ Hotels and Motels a. Regular (per room) .J..OO b. Resort hotels, camps, cottages (per 1!j person) c. add for establishments with self service 400 laundry facilities (per machine) Office BMilding (per worker) ~ Service Stations (per bay) WQ Shopping Centers without food or laMndry M (per sql:lare foot of floor space) Stadiums, Race Tracks, Ball Parks (per ~ seatt Words underlined are added; words struok through are deleted. 1-30.07 2C 6 Sanitary Sewer Sub-Element As Adopted by BCC 1-30-07 Stores (without food service) a. private toilets, for employees only (per employee) b. public toilets (per square foot of floor space) Theaters a. Indoor, auditoriums (per seat) b. OMtdoor, drive ins (per space) Trailerl1fobile Home Park (per trailer space) Travel Trailer/Recreational Vehicle Park a. Travel trailer (overnight), without '.vater and sewer hook Mp (per trailer space) b. ~add for water and sewer hook up (per trailer space) Swimming and bathing facilities (per person) Iastitutioaal Churches (per seat) Hospitals (per bed) Nursing, rest homes (per person) Parks, pMblic picnic a. v..ith toilets only (per person) 2C w M ~ W wg ~ -tOO w ~ wg -tOO ~ TYPE OF E8ThBLI8UMENT CLAALLON8 PER DLAA Y (CPD) b. with bathhouse, sho'l/ers and toilets (per W person) PMblic institMtions other than schools and -tOO hospitals (per person) Schools (per student) a.daytype ~ b. add for sllo'.vers ~ c. add for cafeteria ~ d. add for day school workers ~ e. boarding type ~ W ork/Constrnction camps semi permanent ~ (per ';Iorker) ResiEleatial Residences a. Single family (per bedroom) ~ b. apartment (per bedroom) ~ c. Mobile home not in a trailer park (per ~ bedroom) d. Other (per occMpant) ~ Words underlined are added; words struck through are deleted. 7 Sanitary Sewer Sub-Element As Adopted by BCC 1-30.07 2C Footnotes: 1. For food service operations, kitchen v/astev;ater flows shall normally be calculated as sixty six percent (66%) of the total establishment waste'Hater flo'.v. 2. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, reql:1ire special sizing considerations due to above average se'.vage volume expected from restroom facilities. Policy h2.2: [Renumbered, page SS-29] Policy h2.3: [Renumbered, page SS-29] Policy h2.4: [Renumbered, revised text, page SS-30] The County shall Af!nnually review historical sanitary sewer demand records and adjust these LOS standards. as referenced in Policy 2.1, if so indicated by said annual review. OBJECTIVE h3: [Renumbered, revised text, page SS-30] The County will shall continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage, and will shall also ensure that such practices are followed by private utilities regulated by the County. Policy h3.1: [Renumbered, revised text, page SS-30] The County shall Include maintain sludge de-watering and stabilization facilities with all for use by County wastewater treatment pl-aftffi operations to produce sludge de-watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. The County shall ensure that private wastewater utilities regulated by the County follow such practices. OBJECTIVE M: [Renumbered, page SS-30] Policy M.I: [Renumbered, revised text, page SS-30] The County shall Nnegotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where such treated effluent 5afJ:le-is available from existing and future wastewater plants. Policy M.2: [Renumbered, revised text, page SS-30] The County shall continue to ~onnect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, Words underlined are added; words struok through are deleted. 8 Sanitary Sewer Sub-Element As Adopted by Bee 1.30-07 2C parks, and highway medians-,- when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy lA.3: [Renumbered, revised text, page SS-30] The Countv shall continue to ~onnect existing and future privately owned land~ suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks, when economically feasible and in accordance with the directiofl and policy of the Board of County Commissioflers. Policy lA.4: [Renumbered, revised text, page SS-30] At such time tftffi as a source of treated effluent \-"ill be becomes available, the County shall permit the construction and connection of dual water systems (i.e., separate potable water and treated wastewater effluent networks) to the Ceounty's treated effluent irrigation system (i.e., separate potablc water and treated 'Nastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy lA.S: [Renumbered, revised text, page SS-30] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and be master metered by the County. Policy 4.6 [New text] The County shall promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscape irrigation. Policy lA.'Z: [Renumbered, revised text, page SS-30] The County will shall seek to expand the availability of irrigation water from supplemental watef sources through connection of connected such sources to the County's reclaimed water system. OBJECTIVE hS: [Renumbered, revised text, page SS-31] The County will shall discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Words underlined are added; words struok through are deleted. 9 Sanitary Sewer Sub.Element As Adopted by BCC 1.30-07 2C Policy h5.1: [Renumbered, revised text, page SS-31] The County shall 9giscourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Boundaries on Figure SS-l of the Sanitary Sewer Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS-2 of the Sanitary Sewer Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy h5.2: [Renumbered, revised text, page SS-31] The County will shall discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process in order to ffi.s-Hre ensure maximum utilization of tfte existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all OOR FDEP permits. Policy h5.3: [Renumbered, revised text, page SS-31] As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.+:-2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is- are permitted to connect to these collection lines. Under criteria, properties may be eligible for central sanitary sewer service from Collier County Utilities, or a private sector utility or lindependent district, within the Receiving Areas identified in the Rural Transition Water and Sewer District, depicted on the Existing and Future Sewer Service Areas map (Figure SS-2) of the Sanitary Sewer Sub-element, subject to availability. Qualifying criteria will shall be limited to the requirements and incentives established in the Future Land Use and tfte Conservation and Coastal Management Elements of tfte this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for central sanitary sewer service eligibility may include, but are not limited to, plans for development which utilize creative planning techniques such as Words underlined are added; words struck through are deleted. 10 Sanitary Sewer Sub-Element As Adopted by BCC 1-30-07 2D clustering, density blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Sanitary Sewer collection lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. EAR.SS S.E Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final cs-kvl-dw/4.18.Q6 Words underlined are added; words struok through are deleted, 11 r <: z G) (f) -l o Z ;xl Cl Z [Q)~[Pu '" ".. '" "= GOLDEN GATE'BLVD W- I PINERIDGE RD EXT --, .......No.3 . Legend US41~ US41 Collier County Sewer District Boundaries Entity ~ FGCU Service Area D North Area _ Northeast Area t't'l Orange Tree D South Area _ Southeast Area cBffrer County ~ COlliER COUNTY SE\. \ j, "1 c:.c FIGURE 88-1,1 Cl ~ !Xl (f) LU ~ c.!I 0:: LU (;J 1.75- ~~ :r l\ z o cr: is I- (Jl (:J z ;; ::; [Q)MlFu \ z o cr: (:J GOLDEN GATE BLVD W PINE'RIDGE RDEXT ~-, ..........3 . Legend Existing and Future Sewer Service Areas Entity ~ FGCU Service Area D North Area _ Northeast Area Orange Tree D SouthArea Caftrer County ~ ,... {f .. FIGURE 55.2,1 o ~ lD (Jl LU :5 (:J cr: LU Gi 1,75-- 'US41~ "----- iJS41 ~~ ,-~ 9~ s STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-09 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners lhw- ~o.C By: Ann Jennej ohri.; Deputy Clerk (,"1.1' 2C I,' , I' .. 2C May 1, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1 ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (ES.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection l63.3l84(1)(b), ES. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2,2007. The Department;s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), ES. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion ofthe amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section l63.3l84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy ofthe agency's notice of intent. Please, also note that a copy of the \ .tcd, Collier Comprehensive Plan Amendment, and the Notice ofIntent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2G 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection l63.3l89(3)(a), ES. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 1810. If you have any questions, please contact Bernard Piawah, Principal Plauner, at (850) 922- Sincerely, MMlbp Mike McDaniel Chief, Comprehensive Planning Enclosure: Notice ofIntent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Cornmunity Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council "'),") CLJ ORDINANCE NO. 07--+e- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review did make written objections to the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, 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 AMENDMENTS TO THE POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 SECTION TWO: SEVERABILITY. 2n l ; ... ....,., 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 Amendment to the POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. ATTEST: ': . r ~ "j,~<,.; , DWI T Ji'.'S, ~--'"K,CL-ERK .,. '. 0' :~'",lt{J t{ -...i:; '. . .',:".', ,.". ,: ~l''''''''''",,' pub' Clerlttest)lt'::lo Ch.a1 nB4tl s (, 519nltUrt-:OO i- APPROVEO.Jl,S'TO F0RM AND LEGAL SUFFICIENCY: ~~I~~'M~U~~~~~~ ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COV Y, F RI /' BY: JAM 2007 POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT "..~.z~,^~_. Potable Water Sub-Element As Adopted by Bee EXHIBIT "A" I. INTRODUCTION [New Language, page PW -22] 1.30-07 2D The purpose of the Potable Water Sub-Element is to provide for the health and safety of the residents of Collier County by ensuring adequate potable water supply and distribution facilities that are cost-effective and environmentally sound. Such facilities may be provided through the Collier County Water-Sewer District, private utilities, other public utilities that operate within portions of the unincorporated County, or (in certain areas) private supply wells. In addition to the supply and distribution of potable water for residential and commercial purposes, the Potable Water Sub-Element also contains provisions related to establishment of new potable water sources, water conservation, and irrigation. Words underlined are added; words Gtruok through are deleted. Potable Water Sub-Element As Adopted by BCC 1.30.07 2D Goal, Objectives and Policies Potable Water Sub-Element GOAL I: [Number Removed, page PW -23] OBJECTIVE l.t-: [Renumbered, revised text, page PW -23] The County will shall locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information, guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated annually), the Collier County Water-Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. Policy 1.1.t-: [Renumbered, revised text, page PW -23] The County shall ~ontinue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. Policy h1.2: [Renumbered, revised text, page PW -23] The County shall ~ontinue to implement a program for the protection of existing and potential potable water supply sources. Policy h1.3: [Renumbered, revised text, page PW -23] The County shall continue to -lidentify sufficient quantities of water sources to meet the County's estimated growth-related needs. Potential water sources to meet the County's 2025 water demands include raw water from Hawthorn Zone I Aquifer (Intermediate Aquifer System) and Lower Hawthorn Aquifer (Florida Aquifer System), identified within the County's 2005 Water Master Plan. The County shall use these water sources as well as alternative sources, as needed permitted by the State, to meet the County's needs. Policv 1.4: [New text, page 23] The County shall coordinate with the South Florida Water Management District and other regulatory agencies in implementing effective linkages between growth management and water planning. Policy 1.5: [New text, page 23] The County shall coordinate with the South Florida Water Management District in the development of the Water Master Plan Update, which is the primary planning document for the Collier County Water-Sewer District. Words underlined are added; words struok through are deleted. 2 Potable Water Sub-Element As Adopted by BCC 1-30-07 l 2D Policy 1.6: [New text, page 23] The County shall coordinate with the South Florida Water Management District to produce future plans for water supply as described within the Water Master Plan Updates that ensure the County's ability to maintain its stated Level of Service standard. Policv 1.7: [New text, page 23] The County shall reference the water supply guidelines of the most current version of the South Florida Water Management District's Lower West Coast Water Supply Plan in developing any future required Water Supply Facilities Work Plan. OBJECTIVE h2: [Renumbered, revised text, page PW -23] The County wtH- shall implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities wtH- shall be expanded as necessary to provide for future growth, as provided for in the following policies. Policy h2.1: [Renumbered, revised text, page PW -23] The Collier County Water-Sewer District shall ~ontinue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and the Collier County Water-Sewer Waref Master Plan Update to correct existing deficiencies and provide for future growth. Policy h2.2: [Renumbered, revised text, page PW -23, PW -24] Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map~, (Figure PW -1 and Figure PW -1.1); the Existing and Future Potable Water Service Areas map~ (Figure PW -2 and Figure PW -2.1), which includes the Rural Transition Water and Sewer District; ':lithin thc Rural Transition Water and Sev.er District Mirasol map (Figure P\V 2.1 ); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the COMnty, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Words underlined are added; words e:truol< through are deleted. 3 Potable Water Sub-Element As Adopted by BCC 1.30-07 Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural 2 D Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility provided. For the purposes of this policy and policies -1-:2.4, -1-:5.1 ,and -1-:5.3, within the Rural Lands Stewardship Area Overlay, the term ~central potable water facilities:":' includes decentralized community treatment systems-;--afld,. Innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy h2.3: [Renumbered, revised text, page PW -24] By the time mandated for tHe adoptiofl of land development regulatiofls pursuant to Chapter 163.3202, F.S., inclMding any amendmeflts thereto, require to the extent of the County's aMthority private sector potable ..vater ser/ice utilities, establish and file with the County a statement of their policy and criteria, cOflsistent with the goals, objectives and policies of this Plan for the expansion, replaeement, and/or repair of their facilities to correct eRisting deficiencies and provide for fMture growth withifl their respective service areas-:- The Collier County Water and Wastewater Authority (Authority). established by County Ordinance Number 96-6. regulates the operations of private sector potable water treatment utilities that provide potable water supply services to portions of unincorporated Collier County. All such private sector potable water supply service providers are required to meet the County's adopted potable water treatment Level Of Service (LOS). All private sector potable water supply service providers shall file an annual statement with the Authority that provides current operating information regarding the private sector service provider, including. but not limited to: a statement of current policies and service criteria, the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for potable water treatment. The annual report shall also document any necessary or proiected facility expansion and/or replacement proiects that are required to correct observed deficiencies. Policy h2.4: [Renumbered, revised text, pages PW -24, PW -25] Collier County shall PQermit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW -I); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; within the Rural Transition Water and Sewer District - Mirasol map (Figure PW-2.1); in Sending Lands within the Words underlined are added; words struck through are deleted_ 4 Potable Water Sub-Element As Adopted by BCC 1-30-07 Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within an area to receive County water service the Collier County Water-Sewer District, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. 2D Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW-I on an interim basis until a centralized potable water supply system is available; findividual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available}; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW -1, and outside of Towns, Villages and those Compact Rural Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay - all areas where potable water supply systems are not anticipated. However, individual potable water supply wells mayor may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Policy h2.5: [Renumbered, revised text, page PW -25] The County shall Gfontinue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 01- 73, adopted December 11,2001. Policy h2.6: [Renumbered, revised text, page PW -25] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in Words underlined are added; words struck through are deleted. 5 Potable Water Sub-Element As Adopted by BCC 1-30-07 2D accordance with Collier County Ordinance 01-57, adopted October 23, 2001, or its latest revision, and District construction and operating policies. OBJECTIVE h3: [Renumbered, revised text, page PW -25] By the time mandated for the adoption of land dO'lelopment rogMlations E~ursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy h3.1: [Renumbered, revised text, pages PW-25, PW-26, PW-27, PW-28] The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Revie'.\' of \.vater usage data indicates the LOS standard for finished water should remain at 185 gpcd. Review of the historical ratio of residential to non-residential demand indicated that approximately 17% of the total water usage is non-residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. LEVEL OF SERVICE FACILITY CAPACITY FACILITY/SERVICE AREA COLLIER COUNTY FACILITIES Collier County Water-Sewer and Sewer District Goodland Water District Marco Island Water District Unincorporated Service l\rea fMarco Shores~ CITY OF NAPLES FACILITIES Unincorporated Service Area EVERGLADES CITY FACILITIES Unincorporated Service Area LEVEL OF SERVICE STANDARD 185 gpcd 185 gpcd 185 gpcd I 85gpcd 185 gpcd INDEPENDENT DISTRICTSIPRIV A TE SECTOR SYSTEl\fS Orangetree Utilities Immokalee Water and Sewer District Florida Governmental Utilities Authority 100gpcd 100gpcd 100gpcd The standard hereby adopted is the folloYling "y;astcv;ater" flow design standards, Mnless otherNise approyed by the Board of County Commissioncrs to address economic, social Words underlined are added; words struck through are deleted. 6 Potable Water Sub.Element As Adopted by Bee 1-30.07 2D and construction method variations between individual systems. (Source: Chapter lOD 6, Florida f.dministrative Code) TYPE OF ESTABLISHMENT CLA,.LLONS PER DAY (CPD) CommeFeial ,^.irports a. per passenger ~ b. add per employee ~ Barber and Beauty Shops (per chair) -tOO Bowling l\lleys (toilet wastes only per lane) -tOO Country Club a. per resident member -tOO b. per member present ~ c. per employee ~ Dentist Offices a. per '.vet chair ~ b. per non ',vet chair W Doctors Offices (per doctor) ~ Factories, exclusive of indMstrial wastes (gallons per person per shift) a. no shov,'ers provided ~ b. showers provided ~ Food Service Operations a. Ordinary Restaurant (per seat) W b. 21 hOMr Restaurant (per seat) +S c. Single Service articles only (per person) ~ d. Bar and Cocktail Lounge (per person) J() e. Driye ia Restaurant (per car space) W f. Carry Out only i. per 100 square feet of floor spacc W ii. add per employee ~ g. Institutions (per meal) ~ Hotels and Motels a. Regular (per room) ~ b. Resort Hotels, Camps, Cottages (per person) +S c. add for establishments 'l/ith self service 400 laundry faeilities (per machine) Office Building (per employee per 8 hour shift) ~ Service Stations (per \-vater closet and per ~ urinal) Shopping Centers 'Nithout food or laundry (per M square foot of floor space) Stadiums, Race Tracks, Ball Parks (per seat) ~ Stores per sqMare foot of floor space M Swimming and Bathing Facilities, pMblic (per W Words underlined are added; words struok through are deleted. 7 Potable Water Sub-Element As Adopted by BCC 1-30.07 I r 2D person) Theaters a. indoor, ;\uditoriums (per seat) b. Outdoor, Drive ins (per space) Trailer/Mobile Home Park (per trailer space) Travel TrailerlRecreational Vehicle Park a. Travel Trailer (overnight), \.':ithout v:ater and sewer hookMp (per trailer space) b. Tra':el Trailer (o','ernight), with '.vater and seVier hook ups (per trailer space). INSTITUTIONAL Churches (per seat) Hospitals (per bed) (does not include kitchen maste'''ater floms) T" Tv y,," Nmsing, Rest Homes (per bed) (does not include kitchen waste',vater flows) Parks, Public Picnic a. with toilets only (per person) b. with bathhouse, sho',vers and toilets (pcr person) Public Institutions other than Schools & Hospitals (per person) Schools (per stMdent) a. day type b. add for sho'Ners c. add for cafeteria d. add for day school v:orkers e. boarding type ,,V ork/Construction Camps Semi permanent (per worker) RESIDENTL\L Residcflces a. Single or multiple family (per d'lielling unit) I bedroom and 600 square feet or less heated or cooled area bedrooms and 60 I 1000 square feet heated or cooled area 3 bedrooms and 1001 2000 square feet heated or cooled area 1 or more bedrooms afld more than 2000 square feet heated or cooled area b. Other (per occupant) ~ .w WQ ~ +00 3 W +00 ~ .w +00 g ~ ~ g ~ ~ ~ ~ ~ egg ~ FOOTNOTES: Words underlined are added; words struok through are deleted, 8 Potable Water Sub-Element As Adopted by BCC 1-30-07 2D 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty six percent (66%) of the total establishment '.vastewater flow. 2. Systems serving high voh:lIne establishments, such as fast food restaurants and seryice stations located near interstate type highways, require special sizing considerations due to above a'ierage se\vage volume expected from restroom facilities. Policy t.3.2: [Renumbered, revised text, page PW -28] In order to ensure that these Level of Service Standards contained in Policy 3.1 are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy t.3.3: [Renumbered, revised text, page PW -28] These Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy t.3.4: [Renumbered, revised text, page PW -28] The County will aAnnually review historical potable water demand records and adjust these Level of Service Standards contained in Policy 3.1 if so indicated by saffi..-the annual reVIew. OBJECTIVE M: [Renumbered, revised text, page PW -28] The County will shall continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Policy M.I: [Renumbered, revised text, page PW -28] The County shall Nnegotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where such treated effluent same is available from existing and future wastewater treatment plants. Policy M.2: [Renumbered, revised text, page PW -28] The County shall ~ontinue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible. Policy M.3: [Renumbered, revised text, page PW -28] Words underlined are added; words struok through are deleted. 9 Potable Water Sub-Element As Adopted by BCC 1-30-07 The County shall ~ontinue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commerciallindustrial parks when economically feasible. I ,,-. .-:!J/) c,,"' Policy M.4: [Renumbered, revised text, page PW -28] The County shull Ppromote the use of xeriscape techniques (droMght resistant landscaping) to minimize potable water use for landscaping irrigation, as described in Division 2.4 Section 4.06.01 L'\.l.h, of the Collier COMnt)' Land Development Code. At such time as a source of treated effluent becomes available. the County shall permit the construction and connection of dual water systems (i.e.. separate potable water and treated wastewater effluent networks) to the County's treated effluent irrigation system in new subdivisions. provided that said connection causes no adverse impact to the potable water system. Policy M.S: [Renumbered, revised text, page PW -29] The COMnt)' shall Ppromote and enforce the ',Vater Irrigation Ordinance for Collier County, Ordinance Number 02 17, adopted L'\priI9, 2002, to rodMce potable v;ater use for irrigation. Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes. wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and be master metered by the County. Policy M.6: [Renumbered, revised text, page PW -29] At such time as excess effluent is available, the County shall permit construction and connection of dual v/ater systems to the Count)" s effluent transmission system (i.e., separate potable ',vater and treated waste'Hater effluent) in new subdivisions when thc construction and or connection of a dMal water system will not negatively impact the potable water system~s regulatory compliance or operation. The County shall promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscape irrigation. Policy 4.7 The County shall seek to expand the availability of irrigation water from supplemental sources through connection of such sources to the County's reclaimed water system. Poliey 1.4.7 Deleted [Deleted text, page PW -29] OBJECTIVE toS: [Renumbered, revised text, page PW -29] Words underlined are added; words struok through are deleted. 10 Potable Water Sub-Element As Adopted by BCC ',,"<7 , 2 D The County will shall discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy los.l: [Renumbered, revised text, page PW-29] The County shall discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban- Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW- 1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy los.2: [Renumbered, revised text, page PW -29] The County will shall discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to ensure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will shall be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all FDEP permits. Policy los.3: [Renumbered, revised text, page PW -30] As provided for in the Rural Lands Stewardship Area Overlay, and in Policies -h2.2 and -h2.4 of this Sub-Element, central potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; in such instance no properties designated other than as a Town, Village, Hamlet or Compact Rural Development ffi. are permitted to connect to these distribution Jines. Policy los.4: [Renumbered, revised text, page PW -30] [Adopted as Policy 1.5.3 (now 5.3) but re-numbered since the above Policy 1.5.3 (now 5.3) became effective first.] Words underlined are added; words struok through are deleted. 11 Potable Water Sub-Element As Adopted by BCC 1-30-07 2D Under criteria, projects may be eligible for central potable water service from Collier County Utilities, or a private sectorlindependent district, within the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2) of the this Potable Water Sub-element, subject to availability. Qualifying criteria will shall be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas Lands of the Rural Fringe Mixed Use District (RFMUD). Criteria for potable water service eligibility may include, but are not limited to, plans for development.. which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights {TDRsl from identified enyironmentully sensiti'le areas RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may are permitted to connect to the distribution lines. EAR.PW S-E Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final cs-kvl-dw/1-30-07 Words underlined are added; words struok through are deleted. 12 [Q)~[F1J I I ~-PINE RIDGE RD EXT .::. I o ::J <Xl (/) UJ o <( '-' (!) t>: UJ GJ I I I I I I I I I I --1-75- GOLDEN GATE BLVD W GREEN BLVD . Legend Collier County Water District Boundaries Entity 'US41~ US41 City of Naples ~ FGCU Service Area D North Area _ Northeast Area Fj~;:1 Orange Tree D South Area _ Southeast Area c8ffl~r County ~ \~~,~ '- \~'-"~:-~ or......... l-S-'~\~ f \ " >--.-/' , COLLIER COUNTY WATER\ -~:STRICT 2 FIGURE PW.1,1 IMMOKALEE-RD E '" ~i Legend [Q)~~1J ,.. <: z G) (/) -< o z ;u " z GOLDEN GATE BLVD W PINE RIDGE RD.EXT m ~ ~~ ~ -~ ..;-, f . 'US41~ US<f1 Existing and Future Potable Water Service Areas Entity City of Naples ~ FGCU Service Area D North Area _ Northeast Area ~!i11;;:;.1 Orange Tree D South Area _ Southeast Area ciirter County ,------------------.. 'C-~ '\~~'W 7 ~ ~ POTA .. ,j WATER ! EXISTING AND FUTURE 2 FIGURE PW-2.1 1M"""'" '"' o ::J <Xl (/) UJ o :5 (!) t>: UJ GJ ! 175- ? ~~ ,.- , , 2U STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-10 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007, DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ ~,o-<.: By: Ann Jennejohn,'{ {,OJ ,\ Deputy Clerk 2D May 1, 2007 1 l1e Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (FS.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), FS. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement ofIntent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice of Intent has been sent to the Naples Daily News for publication on May 2,2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order ifno timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), FS. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of ~blagement Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Horida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local govermnent ". . .dS an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt ofthe mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for p',blic inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2D 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Govermnent Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), FS. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 1810. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- Sincerely, MM/bp Mike McDaniel Chief, Comprehensive Planning Enclosure: Notice of Intent and Statement of Intent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2E ORDINANCE NO. 07---11- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10,1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, 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 AMENDMENTS TO THE DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the DRAINAGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 2 r~' ~.", 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 Amendment to the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. .j,;, BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, F I BY: JAM APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~Et.~u~~~ ASSISTANT COUNTY ATTORNEY 2007 DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILlTES ELEMENT Item # Ii>, ll~~1- ~ ~~ r .. ...... ... ~ , "" ".'''",~n,.~'.~~~ 2 Drainage Sub-Element As Adopted by Bce 1.30-07 EXHIBIT "A" 2E I. INTRODUCTION [New Language, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County, there are two (2) primary service providers with regard to the provision of stormwater management services. The County's Transportation Services Division maintains drainage systems associated with County and State Roadways as well as the Secondary Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water Management District (SFWMD), maintains the larger, regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However, management of stormwater is concerned not only with flood prevention (a quantity issue), but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue). Such pollutants can include oils. greases. heavy metals. pesticides, fertilizers and other substances. which can have a deleterious impact on the County's natural systems and. above all, its groundwater quality. Note that, in this respect. there is overlap in the intended purpose between the Drainage and Natural Groundwater Aquifer Recharge Sub- elements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Sub-element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub-element is on groundwater protection. The term "stormwater management" refers to a set of comprehensive strategies for dealing with both stormwater quantity and stormwater quality issues. The primary component of these strategies is the need to ensure that the volume, rate, timing and pollutant load of stormwater runoff after development is similar to that which occurred prior to development. To accomplish this task, stormwater management entities employ a combination of structural and non-structural techniques. Non-structural techniques emphasize preservation or restoration of natural drainage features to promote infiltration, filtering and slowing of runoff. Structural techniques include the variety of manmade channels and control structures maintained within the primary and secondary drainage systems. The obiective of stormwater management is to develop a combination of techniques which provide for adequate pollutant removal and flood protection in the most economical manner. One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design. Subsequent development upstream must then utilize stormwater management techniques and systems, which will maintain predevelopment run-off conditions so that the capacity of the downstream portion of the watershed is not Words underlined are added; words struok through are deleted. Drainage Sub-Element As Adopted by BCC 1-30-07 exceeded. In this respect. there is an overlap between the intended purpose of the Drainage Sub-element and Goal 2 of the Conservation and Coastal Management Element, including the Watershed Management Plans discussed under Obiective 2.1 of the CCME. Words underlined are added; words struok through are deleted. 2E 2 Drainage Sub-Element As Adopted by BCC 1-30.07 Goal, Objectives and Policies Drainage Sub-Element 2E GOAL 1: [Renumbered, revised text, page I] COLLIER COUNTY SHALL PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE lol: SYSTEMS) (CAPITAL FACILITY PLANNING FOR DRAINAGE [Renumbered, revised text, page I] The County shall utilize ~ the Annual Update and Inventory Report on Public Facilities (AUIR) process, annually to update the Drainage Atlas Maps and Channel/Structure Inventory components of the adopted Water Management Master Plan and to verify the existing watershed basin boundaries within Collier County. The County will also -Vyerify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards.:. This information shall be used to fef inclusion of needed programming of operational funds in the Annual County Budget and to identify necessary capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy lo1.1: [Renumbered, revised text, page I] The County shall continMally Mmonitor adopted existing water management procedures that are in place to ensure that existing natMral systems, existing de';elopments, and proposed developments will roceive beneficial consideration from in proposed water management procedures and projects. Future updates and revisions to water management procedures shall reflect necessary changed conditions changes in the ne\v techniqMes as identified through monitoring activities. The County shall update and revise stormwater management maintenance procedures and capital proiects based on continual facilities performance monitoring activities. Consideration will be given to natural systems as identified in Policy 2.1.4 of the Conservation and Coastal Management Element, existing developments and proposed developments. Policy lol.2: [Renumbered, revised text, page 1] County drainage system capital facility planning shall be designed Outline now to implement procedures and projects in a manner to ensure that adequate stormwater management facility capacity is available at the time a development permit is issued, or that such adequate v/ater management facility capacity is available or will be available when needed to serve the development. Words underlined are added; words struok through are deleted. 3 Drainage Sub-Element As Adopted by BCC 1-30-07 ') r- t~_ t Policy lo1.3: [Renumbered, revised text, page I] The County shall ~ontinue to develop public drainage facilities. which te maintain the groundwater table as a source of recharge for the County's potable water aquifers.. afl€l meet the provide a source of irrigation water Heeds for agricultural, horticultural and golf course and commercial operations and provide water to native vegetation. Policy lo1.4: [Renumbered, revised text, page I] Continue on going efforts to evalMate the feasibility of restoring surface water flow into historical flow ways and utilizing them to help control discharge into the estuaries. The County shall continue to evaluate structural and non-structural measures for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Selected measures will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan. Policy lo1.s: [Renumbered, revised text, pages 1,2] Three (3) detailed basin studies are planned '.vi thin the 5 year planning time frame as follo'.vs: BasiR Gordon Ri';er Extension Belle Meade Immokalee StaFtiR2: Date FY 96/97 FY 9&/99 May, 2004 FY 2000/2001 COlRoletioR Date FY 9&/99 FY 2000/2001 L'\pril, 2006 FY 2002/2003 Watershed Management Plans will be undertaken as set forth in Objective 2.1 of the Conservation and Coastal Management Element (CCME). /\s tho studies are After each plan is completed, the results will be made available to the property owners located within the basin~ boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation of the studies' plan's recommendations. Until the Watershed Management Plans are completed, the County shall apply the interim standards for development as contained in CCME Objective 2.1. Poliey I.l.Ci [Deleted text, page 2] Initiate sub basin studies on the Secondary Drainage System and portions of the basin 'Nithin the Urban L'\rea. The status of several of the critical sub basin studies is as follovls: Basin StaFtiR2: Date COlRoletion Date Lely Main/Branch/Manor NIA ~ Words underlined are added; words struok through are deleted. 4 Drainage Sub-Element As Adopted by BCC 1.30-07 Har,'ey FY 95/96 US 41 Outfall Swalcs NfA Implcmcntation of these projccts is currently underway. FY 96/97 +9&e 2r iT" v ;..,"" iii.., OBJECTIVE lo2: [Renumbered, revised text, page 2] The County shall Mmaintain adopted drainage level of service standards for basins and sub-basins identified in the Water Management Master Plan. Maintenance of the drainage level of service (LOS) identified for each basin will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of this Growth Management Plan. Policy lo2.1: [Renumbered, revised text, pages 2, 3] The following levels of service for drainage are hereby adopted for the purpose of issuing development permits~ 7 Upon completion of each associated Watershed Management Plan. the level of service will be modified, if warranted. A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinance Numbers 74-50.. iffi4-90-1O and 2001-27, and Land Development Code Ordinance Number 91 1022004-41, as amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE A TT AINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin Cypress Canal Basin Harvey Canal Basin 1-75 Canal Basin Green Canal Basin Airport Road Canal South Basin Corkscrew Canal Basin Orange Tree Canal Basin 951 Canal Central Basin DISTRICT NO.6 SYSTEM Rock Creek Basin C-4 Canal Basin Lely Main Canal Basin Lely Canal Branch Basin Lely Manor Canal Basin D D D D C D D D C D C D D D Words underlined are added; words struok through are deleted. 5 Drainage Sub-Element As Adopted by BCC 1.30-07 2 p-, - t Haldeman Creek Basin Winter Park Outlet Basin COCOHA TCHEE RIVER SYSTEM Cocohatchee River Basin Pine Ridge Canal Basin Palm River Canal Basin COCOHf1 TCHEE RIVER SYSTEM (e8RtiRHed) West Branch Cocohatchee River Basin East Branch Cocohatchee River Basin Airport Road Canal North Basin 951 Canal North Basin GORDON RIVER EXTENSION Gordon River Extension Basin Goodlette-Frank Road Ditch Basin HENDERSON CREEK BASIN Henderson Creek Basin FAKA-UNION SYSTEM Faka-Union Canal Basin Miller Canal Basin Merritt Canal Basin Prairie Canal Basin SOUTHERN COASTAL BASIN US-4l Outfall Swale No. 1 Basin US-41 Outfall Swale No.2 Basin Seminole Park Outlet Basin BARRON RIVER SYSTEM Okaloacoochee Slough Basin Barron River Canal North Basin Urban Immokalee Basin MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D D D C D C D D D D D D D D C C D D C D C C D Policy lo2.J~: [Renumbered, revised text, page 4] The County's Enlarge the scope of the Water Management Master Plan te shall include recommendations for changing Levels of Service together with an analysis of capital requirements. OBJECTIVE lo3: [Renumbered, revised text, page 4] Beginning .,;ith fiscal year 1996 97, a five year schedule of capital improvement needs for '.vater maaagement facilities 'Hill be maintained and updated annually in conformance '.vith the re':ie'N process for the Capital Improvement Element of this plan. Words underlined are added; words struok through are deleted. 6 Drainage Sub-Element As Adopted by BCC 1-30-07 2..r. ". <~: The County shall maintain and annually update a five-year schedule of capital improvements for water management facilities in conformance with the annual review process described within the Capital Improvement Element of the Growth Management Plan. Policy lo3.1: [Renumbered, revised text, page 4] The County shall 9Q.evelop and maintain procedures to annually update water management facility demand and capacity information. Policy lo3.2: [Renumbered, revised text, page 4] The County shall Purepare periodic annual summaries of capacity and demand information for each water management facility and service area. Policy lo3.3: [Renumbered, revised text, page 4] Collier County shall evaluate and rank Wwater management capital improvement projects '.vill be evaluated and ranked according to in accordance with the priorities stated in the Capital Improvement Element of this plan. Policy lo3.4: [Renumbered, revised text, page 4] Major emphasis shall be given to improving existing drainage facilities in and around urbun and estates designated areas (on the adopted FMture Land Use Map) to maintain their use. County improvements to, and maintenance of, existing drainage facilities shall be a priority over new construction proiects in the urban and estates designated areas (exclusive of Southern Golden Gate Estates). OBJECTIVE M: [Renumbered, revised text, page 4] The County shall Beginning with fiscal year 1996 97, develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with for those projects 'Hhich have been outlined the annual work program referenced in the adopted Water Management Master Plan and any future indiyidua1 basin studies. Policy M.l: [Renumbered text, page 4] Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These projects shall be undertaken in coordination with the Big Cypress Basin/South Florida Water Management District 5 Year Plan. Policy M.2: [Renumbered, revised text, page 4] Words underlined are added; words struok through are deleted. 7 Drainage Sub-Element As Adopted by BCC 1-30-07 2E Collier County shall ~orrect eXlstmg deficiencies and provide for future water management facility needs through the formulation and implementation of an annual work programs. In order to implement the annual work program, the County shall E~ncourage the use of innovative funding sources mechanisms including, but not limited to utilization of special taxing or assessment districts. Policy M.3: [Renumbered, revised text, page 4] Dcvelop a public mvareness program to inform the gO'lernmental leadership and general public of the need to utilize total watershed management concepts within the existing drainage systems and the environmental enhaneements that will result from their implementation. The County shall develop and maintain a stormwater management public awareness program, which will include, but not necessarily be limited to, a Collier County Stormwater Management website. The primary purpose of this program shall be to provide information regarding the County's stormwater management programs to the general public including, but not limited to. the environmental enhancements that will result from the use of total water management concepts within the existing drainage network. OBJECTIVE loS: [Renumbered, revised text, page 5] The County shall ~ontinue to regulate land use and development te in a manner that protect~ the functions of natural drainage features and natural groundwater aquifer recharge areas.:. Implementation of this Obiective will be consistent with the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan, through and with relevant provisions contained within the adopted Land Development Code (Ordinance 91 102 Number 2004-41, as amended). Policy loS.l: [Renumbered, revised text, page 5] Collier County shall Annually periodically review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas. Policy loS.2: [Renumbered, revised text, page 5] Based upon the periodic review described in Policy 5. L the County shall .Qgevelop any appropriate new ordinances and regulations that are necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. OBJECTIVE M: [Renumbered, revised text, page 5] Words underlined are added; words struok through are deleted. 8 Drainage Sub-Element As Adopted by BCC 1-30-07 c The County shall protect the functions of natural drainage features shall be protected through the application of standards that address the quality and quantity of discharge from stormwater management systems. Implementation of this Objective will be consistent with the watershed management planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. This objective is made measurable through the following policies: Policy M.l.=. [Renumbered, revised text, page 5] Projects shall be designed and operated so that off-site discharges will meet State water quality standards, as set forth in Chapter 17 302 62-302.300, F.A.c., as it existed eft Augu~;t 31, 1999 at the date of project approval. Policy M.2.=. [Renumbered, revised text, page 5] Collier County's Rretention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, Section 5.2, as it existed on L'\UgMst 31, 1999 at the time of project approval. Policy M.3.=. [Renumbered, revised text, pages 5, 6] Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin d. Lely Canal Basin e. Harvey Basin f:. Wiggins Pass Basin g. All other areas 0.04 cfs/acre 0.06 cfs/acre 0.04 cfs/acre 0.06 cfs/acre 0.055 cfs/acre 0.13 cfs/acre O. 15 cfs/acre In special cases, Hhe County may exempt projects ma)' be exempted by the COMnty from these allowable off-site discharge rates if providing any of the following applies: 1. The project is exempt from allowable off-site discharge limitations pursuant to Section 40E-400.3l5, FAC. 2. The project is part of an existing SFWMD permit.. which allows discharge rates different than those listed above. 3. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be Words underlined are added; words struok through are deleted. 9 Drainage Sub-Element As Adopted by BCC 1-30-07 I;> 1=' ~~~"'" ~"'-' prepared by a registered professional engineer, and will consist of an engineering study prepared by a registered professional engineer, which utilizes the applicable criteria in the "SFWMD Basis of Review for Environmental Resource Permit Applications". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site:specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrographte f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off-site discharge rate shall be developed. EAR-Drainage S-E Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final cs-kvl-dw/5-24-06 Words underlined are added; words struok through are deleted. 10 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-11 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners (l,uu. M<.()..l.v 0 C. By: Ann Jennejohn, Deputy Clerk 2E .' ., ! ". 2E May 1,2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1 ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3 I 84(1)(b), F.S. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement ofIntent and Notice of Intent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice of Intent has been sent to the Naples Daily News for publication on May 2,2007. The Department;s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May I, 2007 Page Two Please, be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local govermnent that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy ofthe agency's notice of intent. Please, also note that a copy of the ."dopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2E 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Govermnent '\:lt~r, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MMlbp Enclosure: Notice of Intent and Statement of Intent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council ORDINANCE NO. 07---1..L AN ORDINANCE AMENDING ORDINANCE NUMBER 89- OS, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. 2F WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 2S, 2007; and WHEREAS, 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 AMENDMENTS TO THE SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 2...:<> f."" , 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 Amendment to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUf')LJY, FL9~IDA BY:JAMd~tii APPROVE01ASi"10 FORM AND LEGAL SUFFICIENCY: '~~ Oh.?Ja.<PliAd--~ MARJO E M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Iternci~ _0.0.0 II~s19~ ! " . ~\~~q-] ~~t4 f -'," ' - \', 2 Solid Waste Sub-Element As Adopted by Bec 1-30-07 EXHIBIT "An 2F I. INTRODUCTION [New Language, page I] The Solid Waste Sub-Element establishes a policy framework for Collier County's current solid waste management facilities and provides general direction for the further development of the County's solid waste management system in the future. The purpose of the Solid Waste Sub-Element is to assure the provision of cost effective and environmentally safe disposal of solid waste for the present and anticipated future residents of Collier County. The proper collection, processing, and disposal of solid waste is important to the health. safety and welfare of all Collier County residents. Improper disposal of solid and/or hazardous waste can contaminate drinking water or expose residents to environmental and public health risks. In addition to the safe and environmentally sound collection, processing and disposal of residential and commercial solid waste, the Solid Waste Sub-Element also contains provisions related to: monitoring for potential environmental impact pursuant to State and Federal rules and regulations and the associated permit conditions: the collection and disposal of hazardous materials; the County's recycling programs: and. solid waste recovery programs. Words underlined are added; words struok through are deleted. Solid Waste Sub-Element As Adopted by BCC 1-30-07 Goal, Objectives and Policies Solid Waste Sub-Element 2F GOAL 1: [Number Removed, page I] PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSL'\LMANAGEMENT IN A MANNER TO ASSURE THEIR PUBLIC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. OBJECTIVE 1-:-1-: (COLLECTION) [Renumbered, revised text, page 1] Collier County shall continue to +he maintenance maintain ef a safe, dependable and efficient solid waste collection system. Present facilities meeting the current Level of Service includes- two (2) franchise collection areas and three transfer stations Recycling Centers, as follows: a. Unincorporated County service area; b. Immokalee service area; c. Three (3) transfer stations Recycling Centers; 1. Naples Transfer Station Recycling Center 2. Marco Transfer Station Recycling Center 3. Carnestown Transfer Station Recycling Center Policy l.l...l: [Renumbered, revised text, page I] The County shall ~ontinue to maintain and regulate commercial, multi-family and tax- bill based residential collection costs to ensure efficient and dependable service affordable to all users. Policy l.lo2: [Renumbered, revised text, page I] The County shall Maintain retain its mandatory collection ordinance Number 2005-54, ~ as amended, and the mandatory commercial recycling ordinance Number 2004-50, as amended. Policy I.lo3: [Renumbered, revised text, page I] The County shall ~ontinue to evaluate economic transfer and disposal systems including transfer stations the use of full-service recycling centers. Words underlined are added; words struok through are deleted. 2 Solid Waste Sub-Element As Adopted by BCC 1-30-07 - p-- ~t Policy lol.4: [Renumbered, revised text, page I] The County shall ensure Assure public awareness and participation in solid waste collection issues by requiring all issues to be addressed in advertised public meotings addressing such issues in duly noticed public meetings. OBJECTIVE lo2: (DISPOSAL) [Renumbered, revised text, page I] The County shall ~ontinue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and shall continue to investigate improved methods and implement practices that meet this objective. Policy lo2.1: [Renumbered, revised text, page I] The County shall continue to Mmonitor groundwater wells as required by the regulatory permit conditions for the operation of the landfill and continue to closely e'laluate the test data. Develop remedial actions if conditions are not satisfactory and in compliance with State and Federal rules and regulations. Policy lo2.2: [Renumbered, revised text, page 2] The County shall continue to Implement and maintain leachate and gas management systems at County landfills as needed in order to comply with permit conditions. Policy lo2.3: [Renumbered, revised text, page 2] The County shall continue to P.Qursue State and Federal grants for, and participation in.. feasibility projects eft for the development and investigation of improved techniques for landfill operations and ethef alternative methods e.f for solid waste disposal. Policy lo2.4: [Renumbered, revised text, page 2] Maintain the land inventory reql:lired for futme landfills to meet the recommended Le';el of Ser;ice standards. By fiscal year 2010, the County shall acquire and/or retain the land inventory required for future solid waste operations, based upon selection of, including but not limited to, one or more of the following options in order of priority: 1. Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal). 2. Increase the permissible elevation of the Naples Landfill so as to gain additional airspace capacity. Words underlined are added; words struok through are deleted. 3 Solid Waste Sub-Element As Adopted by BCC 1-30-07 2F 3. Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. 4. Secure and utilize additional capacity at a landfill or landfills. Policy lo2.S: [Renumbered, revised text, page 2] The Level of Service for Solid Waste Sub-Element shall be: a. Tons of solid waste per capita per year, used to determine landfill disposal capacity, is based on the average of the last fWe three complete fiscal years actual lined cell tonnage activity. b. Two (2) years of constructed lined landfill cell capacity at the disposal rate calculated per -h2.5.a. c. Ten (10) years of permittable landfill capacity at the disposal rate calculated per -h2.5.a. Policy lo2.6: [Renumbered, revised text, page 2] The County shall annually Ggefine the cost of continued landfilling solid waste collections and disposal within the County over the next 5, 10 and 20 year time periods taking into consideration all operating and capital costs. Policy lo2.7: [Renumbered, revised text, page 2] The County shall L'\ssure promote public awareness ill.. and participation in.. solid waste disposal issues by requiring all issues to be addrossed in advertised public meetings. addressing such issues in duly noticed public meetings. Policy lo2.8: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household hazardous wastes. Additionally, the Department shall continue to hold its hazardous waste collection day at least ooee twice per year targeting residential households but also allowing small businesses to participate to some extent. OBJECTIVE lo3: (RECYCLE AND RECOVERY) [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and update the Integrated Solid Waste Management Strategic Plan Solid 'Haste Master Plan as directed by the Board of County Commissioners. Words underlined are added; words ctruok through are deleted. 4 Solid Waste Sub-Element As Adopted by BCC 1-30-07 ' 2F Policy lo3.1: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintaining and enhanceing the current county ...:ide countywide single family through fourplex residential c\:lrbside recycling program~. b. Maintaining and enhanceing the current county-wide multi-family residential recycling program. eg. Continue Maintaining and enhanceing the curb-side separation of material into recyclable categories to be received at the material recovery facilities landfill ffite recyclable cutegories. e. Continuing to explore additional measures for waste reduction. Policy lo3.2: [Renumbered, revised text, page 3] Continue in',estigation of cost saving methods for landfills: a. Landfill mining to recover and recycle cover material. Landfill mining pro'lides a method of clean up of unlined landfills and for recycling existing acreage for ncw landfills. b. In'/cstigate methane gas recovery and use. The County shall continue investigation and implementation of cost-saving measures for County disposal operations. The County shall evaluate other measures. including landfill mining, as new technologies and practices emerge. (Currently, a methane gas collection program is in operation.) Policy lo3.3: [Renumbered, revised text, page 3] The County shall j\,ssure promote public awareness Qf.. and participation in.. solid waste disposal recycle and recovery issues by roqMiring all issHes to be addressed in advertised public meetings addressing such issues in duly noticed public meetings. EAR-SW S-E Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final cs-kvl-dw/5-24-06 Words underlined are added; words struok through are deleted. 5 2r t' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-12 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ' ) / (l;u.,L ~ 0'<' · By: Ann Jennejohn, Deputy Clerk 2F May I, 2007 The Honorable Jim Coletta, Chairman roilier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-IER) and determined that O,dinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (ES.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), ES. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice of Intent has been sent to the Naples Dnily News for publication on May 2,2007. The Department~s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication ofthe notice of intent pursuant to Section 163.3184(9), ES. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion ofthe amendment found not in compliance, the Notice, and Statement ofIntent will be forwarded to the Division of Administrative Hearings ofthe Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May I, 2007 Page Two Please, be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local government ,I. has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for r,Uc inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2F 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), ES. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 1810. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- Sincerely, MM/bp Mike McDaniel Chief, Comprehensive Planning Enclosure: Notice of Intent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council ") (.: EoU ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, 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 AMENDMENTS TO THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier 1 ,~r c. ($ County, Florida. The Collier County Growth Management Plan NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. ,,\ '~ ATTI;,~t: ......;,-.... '.~\ \, DWl ;-E'~;~C. ~.CC~~~~flR~ ~ y: "" ,. ~~ PC .' . . \ '..' utlz. C11e~, ...... 1 '.~ .J\tt'I!'~r"'i ;,0 tn(!i rv..an s . . 5,lQil <i t.llt' t)(I )< BOARD OF COUNTY COMMISSIONERS :~LLlER~~~~ JAM8 COLETTA, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~-li~ an. flbldl_pJ_-Llr~ MARJ IE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT "'/ dE::t \ J~t().+-,i , . 6ZIJ~ l&~-.. ,.__h.; 2 r '," . II ~ . .. ~ ~,...., ,.,... ..', .~" .'~_ ,-.__C, ,".,'.'<.........,.':'''':.._:,0,,,,,'''- .._~,", Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 EXHIBIT "A" 2'\ 1') " q I. INTRODUCTION [New Language, page I] The Natural Groundwater Aquifer Recharge Sub-Element establishes the manner in which Collier County will identify and protect the natural groundwater aquifers that serve as the primary sources of drinking water for County residents and visitors. This Sub- Element relates only to those aquifer recharge areas located in unincorporated Collier County that serve as potable water wellfields. The Implementation Section of this Sub-Element contains a single GoaL divided into five (5) Obiectives. Beneath each Obiective are the specific County implementing policies. The water supply protection Obiectives in this Sub-Element include: · Mapping and delineation of natural aquifer recharge areas: · Protection of groundwater quality; · Groundwater quality monitoring: · Public education with regard to groundwater protection issues: and, · Protection of critical recharge areas and groundwater resources. Goal, Objectives and Policies Natural Groundwater Aquifer Recharge Sub-Element GOAL 1: [Number Removed, page I] THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONT AMINA TE THE QUALITY OF GROUNDWATER. OBJECTIVE lol: (MAPPING AND DELINEATION OF RECHARGE AREAS) [Renumbered, revised text, page I] The County shall continue to On a biannual basis, beginning in October 1998, review every two years, and revise fas necessary), existing map delineations of recharge areas County potable water wellfields that are most sensitive to contamination from nearby land development and other surface activities. The biennial review and any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anathropogenic anthropogenic contaminant data aggregated during since the previous bienniMm revision. Words underlined are added; words struok throl:Jgh are deleted. 1 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 """ 2G Policy lo1.1: The County shall Continue to revise and update its 3-dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. Policy lo1.2: [Renumbered, revised text, page I] Contin1:le to identify areas and revise pre'/ioMs identifications of areas that are especially v1:l1nerable to contamination because of land use, drainage, geomorphic, soil, hydrogeological, and other conditions, s1:leh as the presonce/absence of confining lmits. The County shall identify those County potable water wellfields, or portions of wellfields. which are susceptible to contamination. caused by adiacent or nearby land uses, drainage patterns. geomorphic conditions, soil properties. and/or hydrogeologic factors, including the presence or absence of confining units. This information shall be revised and updated as necessary. Policy lol.3: [Renumbered, revised text, page I] The County shall maintain and update data on Identify existing land uses and land use activities that possess the greatest potential for ground water contamination. See Policy ~ Policy lo1.4: [Renumbered, revised text, page I] The County shall maintain and Y.!:!pdate its maps of criteria for determining al'ld mapping sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. Policy lo1.S: [Renumbered, revised text, page I] This Sub-Element shall incorporate by reference Aflnnual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, are those as described in the SF\VMD's South Florida Water Management District's official publications dated ApriL 2000 (and scheduled to be published in 2006), Publication '}IRE #327, Mapping Recharge (Infiltmtion/leakage) throughout the South Florida '.Vater Management District, July/L^.Mgust, 1995 (Map 1 and Map 2). OBJECTIVE lo2: (PROTECTION OF GROUNDWATER QUALITY) [Renumbered, revised text, page I] Ground water quality shall meet all applicable Federal and State water quality standards. Words underlined are added; words struol{ through are deleted. 2 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 26 Policy lo2.1l [Renumbered, revised text, page I] The County shall prohibit 9gischarges to sinkholes or other karst related features that have direct hydrologic connection~ to the Surficial or Intermediate Aquifer Systems shall be prohibited. Policy lo2.2l [Renumbered, revised text, page 2] Non-agricultural developments requiring an ERP Environmental Resources ~rermit from the South Florida Water Management District {SFWMDl shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for Review, as it existed on October 31,1999, dated January 2004 and as regularly updated. Ground water recharge shall also be protected through the application of the retention/detention requirements and allowable off-site discharge rates for non- agricultural developments specified in Policies -h6.2 and -h6.3 in the Drainage Sub- Element. Policy lo2.3l [Renumbered, revised text, page 2] The County 8~tandards for protecting the quality of ground water recharge te within the public 'llater supply ',vellfields wellhead protection areas identified in the Future Land Use Element {FLUEl shall be are the same as those provided in Policy 3.1.1 of the Conservation and Coastal Management Element. Paliey 1.2.4 [Deleted text, page 2] The Collier County Rural and L\gricultMral .'\rea Assessment shaH consider the groMnd '.vater recharge characteristics in the County's rural area inc1Mding the information containod in SF\VMD publicatioFl 'VRE t:f327. Policy lo2.M: [Renumbered, revised text, page 2] Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. OBJECTIVE lo3: (GROUNDWATER QUALITY MONITORING) [Renumbered, revised text, page 2] The County shall ~ontinue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyze!! concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Words underlined are added; words struok through are deleted. 3 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 2G Policy lo3.1: [Renumbered, revised text, page 2] The County shall ~ontinue the its existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy lo3.2: [Renumbered, revised text, page 2] The County shall ~oordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy lo3.3: [Renumbered, revised text, page 2] The County will annually Af!ssess the its groundwater quality monitoring data unnMally to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy lo3.4: [Renumbered, revised text, page 2] The County shall continually Ggather and ttse evaluate appropriate data te for the purpose of refineing and improveing the data base groundwater quality monitoring database used in the County's 3-dimensional ground water model. Policy lo3.S: [Renumbered, revised text, page 3] By 1 October 1997 Collier County shall continue to conduct establisR a water resources planning group composed of with appropriate County, City of Naples, and SFWMD staff to provide gMidance for ground water resource development, utilization, and conservation. OBJECTIVE: M: (PUBLIC EDUCA TION WITH REGARD TO GROUNDWATER PROTECTION ISSUES) [Renumbered, revised text, page 3] The County shall ~ontinue current activities of providing the public with educational materials concerning ground water protection issues in Collier County.:. ~ These may include. but shall not be limited to, the preparation of annual technical publications of ground water quality data collected, an informational website for groundwater quality issues. general information publications, establishment of a speakers' bureau presentations, K-12 classroom presentations, and in-service teacher workshops and semmars. Policy M.l: [Renumbered, revised text, page 3] The County shall continue to Af!dvise the public on the appropriate disposal methods for hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task. the County may utilize the public educational Words underlined are added; words struok through are deleted. 4 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 2t' ",t'} measures listed within Obiective 4 of this Sub-Element, or any other measures. which may be appropriate. Policy M.2: [Renumbered, revised text, page 3] The County shall continue to PQrovide information in a manner that can be understood by the general public eft regarding Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination. In performing this task, the County may utilize the public educational measures listed within Obiective 4 of this Sub-Element, or any other measures. which may be appropriate. OBJECTIVE: loS: (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER RESOURCES) [Renumbered, revised text, page 3] The County will shall implement existing plans to preserve critical ground water recharge areas and ground water resources, and on a biennial schedule, beginfling in October 1988, will review, evaluate, and revise (if warranted) those plans and actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous bienniMm. Policy loS.l: [Renumbered, revised text, page 3] The County shall I;)Qevelop. and continually update. technical criteria for determining those recharge areas, which areas are critical to the County's longterffi long-term ground water needs. Policy loS.2: [Renumbered, revised text, page 3] The County shall continue to Iidentify the critical recharge areas and appropriate protective mechanisms. Policy loS.3: [Renumbered, revised text, page 3] The County shall continue to Iidentify costs, funding mechanisms and private property rights issues associated with the protection of critical recharge areas. Policy loS.4: [Renumbered, revised text, page 3] By 1 October 1997, The County shall continue to operate the implement Collier County's a local petroleum storage tank cleaflup inspection program, especially in identified wellfield protection zones, operating within available State funding. Policy loS.S: [Renumbered, revised text, page 3] By 1 October, 1997, increase household and Conditionally Exempt Small Quantity Generator (CESQG) hazurdous waste collection. Words underlined are added; words struok through are deleted. 5 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 2G Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household and small business hazardous wastes. Additionally. the County shall continue to hold its hazardous waste collection day at least twice per year targeting residential households but also allowing small businesses to participate. COAL 2, 8REI OBJECTIVE 2.1, 8Rd Polieies 2.1.1 2.1.4 [deleted] [Deleted text, page 3] EAR-NGWAR S-E Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Draft cs-kvl-dw/S-24-06 Words underlined are added; words struok through are deleted. 6 2 1''\ ';: . l.! STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-13 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and ,Clerk, Ex-officio to Board' of County Commissioners' ~ ~O{. By: Ann Jennejohn, Deputy Clerk i, 2G May I, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-lER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25, 2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement ofIntent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2,2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion ofthe amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May I, 2007 Page Two Please, be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Plauning Section, 2800 North Horseshoe Drive, Naples, Florida 2G 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3 1 89(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 1810. If you have any questions, please contact Bernard Piawah, Principal Plauner, at (850) 922- Sincerely, MMlbp Mike McDaniel Chief, Comprehensive Planning Enclosure: Notice of Intent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Plauning Director Mr. David Burr, Executive Director, Southwest Florida Regional Plauning Council ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. 2H WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the HOUSING ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed HOUSING ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the HOUSING ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, 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 AMENDMENTS TO THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the HOUSING ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan HOUSING ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 2H and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the HOUSING 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. ATTEST: DWIG :,: ~!,'S,~~K,. CLERK ( " ". . '.~"'<:'':'~~.'-.L; 1111 1..~. \ r B, ,..iI' :~~ 1'.' p,-- . 'utY' .'. : ,\,J;~ to. ~ 1~ s . s f;Qn ilt:UI"!t c,n I ~ I.. ,'''. . C . ,. , ;.' :';' : .." ,,' : BOARD OF COUNTY COMMISSIONERS COLLIER COUN'}Y, FL 10 / ..:1,{?1 BY: JAME ,".... r ,:\,i,"t)/' ,-"~ APRROVE:P.A$;.f6 FORM AND LEG.AtsSkJFf'ICIENCY: l1)o-1~'l on. iJb1h~ -jJrVl~ MARJ RIE M. STlJDENT-STIRLlNG ASSISTANT COUNTY ATTORNEY 2007 HOUSING ELEMENT l:....'...."'"'..".~:~~~tY~~l , " I _~l~i" '1-1 L Y11)D1--~ !bJ' ':-. _Hh_G~~_'~ L .,_ .. I~tk~~_~ j ~ . .... I ~_~.,.. .". "...o.......'''..._.w,J 2 Housing Element As Adopted by BCC 1-30.07 2/1 EXHIBIT "A" INTRODUCTION [Added text, page 2] The goal of the Housing Element of the Collier County Growth Management Plan is "to create an adequate supply of decent. safe, sanitary, and affordable housing for all residents of Collier County." With the exception of housing opportunities provided to citizens of very modest means, the provision and maintenance of housing is traditionally a function of the private market. The development of private housing in Collier County is driven by an expensive housing stock: effectively excluding low-income and working class families from the housing market. Thus. there is a need for the County to find ways to encourage the provision of affordable-workforce housing for these families. In Collier County, encouragement of the prOVlSlon of affordable-workforce housing is the responsibility of the Collier County Operations Support and Housing Department. The purpose of the Department's grants and affordable-workforce housing programs is to increase the supply of affordable-workforce housing countywide, through management of the County's Affordable Housing Trust Fund. The trust fund has enabled the County to implement the following programs: . Impact fee deferrals, . Housing rehabilitation and emergency repair, . Down payment / closing cost assistance, . Land acquisition with new construction, . Demolition with new construction, . Special needs housing and pre-approved building plans, . Meeting community needs by facilitating the creation of affordable-workforce housing opportunities; the improvement of communities; and the sustainability of neighborhoods. Collier County will continue to address its affordable-workforce housing deficit by working collaboratively with non-profit groups. governmental agencies, and public/private coalitions to coordinate activities and effectively leverage the resources available to the entire County. The most current data available from the University of Florida Shimberg Center is considered in assessing the County's affordable-workforce housing deficit. Words underlined are added; words struok through are deleted. Housing Element As Adopted by BCC 1-30-07 2H Goal, Objectives and Policies Housing Element GOAL I: [Revised text, page 3] TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE I: [Revised text, page 3] The number of new affordable-workforce housing units shall increase by at least fifteen percent of the units approved to be built in the County per year, but not less than ~ 1,000 units eaeb per year averaged over a five-year period in an effort to continue to meet meeting the current and future housing needs of all current and future legal residents with very-low, low and moderate income~ residents of the County, including these households with special needs such as rural and farmworker housing in rural Collier County. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 1.1: [Revised text, page 3] Collier County shall pursue interlocal agreements with the City of Naples, the City of Marco Island, and Everglades City to require that each city provide their proportionate share of affordable-workforce housing units (or the financial equivalent). Each city's proportionate share and financial equivalent will be evaluated and substantiated by the most current data. studies, and methods available to the County. Policy 1.2: [Revised text, page 3] Collier County and the City of Naples will work together to accomplish the community wide goal of creating supporting a sufficient supply of market rate and below market rate housing. This effort will may include the consolidationflg of the City of Naples and the County housing programs and activities, including. but not limited to, s.~tate and Ffederally funded programs such as SHIP and CDBG, in an effort to provide greater efficiency. Policy 1.3: [Revised text, page 3] The City of Naples and Collier County will shall explore the development of a fair share affordable-workforce housing ordinance that will shall require commercial and residential developments to address the lack of affordable-workforce housing. The local jurisdiction~ will evaluate a broad range of options including the development of an affordable-workforce housing impact fee, the requirements that a percentage of units developed will be "set aside" for below market rate housing, provide for the transfer of de'lelopment rights, an option whereby land could be donated to a nonprofit entity and/or placed in a land bank, or other alternatives that will assist in mitigating the rising need for affordable-workforce housing as the population increases. Policy 1.4: Words underlined are added; words struok through are deleted. 2 Housing Element As Adopted by BCC 1-30-07 2H Collier County shall seek to distribute A.!;!ffordable-workforce housing will be distributed equitably throughout the county where adequate infrastructure and services are available. Programs and strategies to encourage affordable-workforce housing development HSffig strategies '.vhich may include, but are not limited to, density by right within the Immokalee Urban area and other density bonus provisions, agreements, and impact fee wai'.ers or deferrals.. expedited permitting (fast tracking), public-private partnerships, providing technical assistance and intergovernmental coordination. In addition, affordable hOMsing will be located '.vhere adeq1:late infrastructure and services are available. CITY OF NAPLES POLICIES None COUNTY POLICIES *Policy 1.5: Review the feasibility of incorporating the Collier County Housing L^..Mthority and the Collier County HOMsing and Urban Improvement office activities into one agency to provide greater coordination and efficiency in housing delivery ser'/ices. Collier County shall maintain an inventory of all approved affordable-workforce housing units within the county. to ensure the targeted number of units is developed annually. The inventory shall contain the location, structure type, number of bedrooms, and target income range for each housing unit. OBJECTIVE 2: By 2000, creute a non profit housing development corporation, formed '.'/ith a cross section of representatives from business, government, housing advocates, and the community at large, which will assist the City and County in achie'/ing a net;; goal of 500 d'l;elling units per year for very low, lov. and moderate income residents of Collier County. The Collier County Board of County Commissioners aided in the establishment of the Collier County Housing Development Corporation in 2003. The mission of the Housing Development Corporation is to serve as a non-profit agency, with an executive board made up of representatives from business, government, housing advocates, and the community at large, which along with other not for profit agencies shall assist Collier County and its municipalities in achieving a goal of increasing the number of affordable-workforce housing units by at least fifteen percent of the units approved to be built in the County per year, but not less than 1,000 units per year averaged over a five-year period for very-low, low and moderate income residents of Collier County. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 2.1: [Revised text, page 4] Through non profit flO\:lsing: development corporations. the County shall seek to I!ncrease the supply of affordable 'Norkforce housing for all segments of the community.. including very low, low and moderate income residents and those with special needs including farmworkerb Words underlined are added; words struok through are deleted. 3 Housing Element As Adopted by BCC 1-30-07 21-1 housing, through the use of existing programs such as low income housing tax credits, density bonuses and impact fee v/aivers or deferrals. Not for profit agencies, such as the Collier County Housing Development Corporation shall assist the County in reaching its annual affordable-workforce housing goal by holding workshops and fairs to raise awareness and understanding of housing issues in the County: working together to purchase and develop parcels: and, contributing funds towards the purchase of land for affordable-workforce housing projects. Policy 2.2: [Revised text, page 4] Solicit input from the Chamber of Commerce, Economic Development COMncil, Collier Building Industry L'\ssociation (CBL'\), Naples L'\rea Board of Realtors, Naples LAt-rea L'\partrnent Association, Collier County Banking Partnership, the LA..ffordable Housing Commission, and tHe Collier County Housing Authority to identify potential nonprofit board representation and members, and to de','elop a mission statement for the non profit hOMsing agency. The non profit housing development Corporation will partner with other entities to apply for State and Federal housing funds available to non profit corporations. This effort will result in the development of a more comprehensi'/e housing delivery system that ensures the deyelopment of housing for all residents of Collier County through u partnership with privute developers, non profits, local governments and other interested parties. Partnerships shall be encouraged between private developers. non-profit entItles, local governments and other interested parties to ensure the development of housing that meets the needs of the County's very-low, low and moderate income residents. Policy 2.3: [Revised text, page 4] +he Collier County and the City of Naples staff will continue to provide community organizations with brochures and up-dates on various housing programs, grant opportunities, technical assistance and other information that will promote affordable-workforce housing opportunities for very low, low and moderate income residents. Policy 2.4: [Revised text, page 4] By 1999, the Collier County and the City of Naples will shall continue to review existing codes and ordinances and amend them as needed to allow for flexible and innovative residential design that encourages mixed use development5 afl€l with a variety of housing designs, styles, and price ranges. Policy 2.5: [Revised text, page 4] B)' 1998, the Collier County and the City of Naples will shall continue to review the its existing permit processing systems in an effort to reduce the processing time and cost of housing, and especiull)' for affordable-workforce housing and continue to identify areas that can be streamlined, to identify areas that can be streamlined. Words underlined are added; words struok through are deleted. 4 Housing Element As Adopted by BCC 1-30.07 2fJ t 1 Policy 2.6: [Revised text, page 4] Collier County shall continue to PQrovide ongoing technical support and assistance to private developers and non-profit housing organizations in their efforts to secure State or Federal funding. Policy 2.7: [Revised text, page 4] Collier County shall J!ncrease the utilization of existing impact fee ordinances to facilitate the development of affordable-workforce housing through the provisions of 'Naivers and/or deferrals. CITY OF NAPLES POLICIES None *Policy 2.8: [No changes to text, page 5] COUNTY POLICIES ~Policy 2.9: [Renumbered, revised text, page 5] The County shall Rreview the County's Affordable-workforce Housing Density Bonus Ordinance every two years or sooner, as necessary, and revise the Ordinance, as necessary, to reflect changing community needs and market conditions. The purpose of the Affordable- workforce Housing Density Bonus Ordinance shall be to ~ncourage the blending of affordable:. workforce housing density bonus units into market rate developments as well as to support developments exclusively providing affordable-workforce housing and re'/iew the feasibility of approving density bonus at an administrati'/e le'..cl. ~Policy 2.10: [Revised text, page 5] ThroMgh the adoption of local incenti'les, such as density bonus agreements and impact fee 'Naiver/deferrals, public and priyate sponsors '.vill be encouraged to proyide adequate housing for rural residents and farmworker families. The Collier County Operations Support and Housing Department shall continue to operate affordable-workforce housing programs, in cooperation with public and private sponsors, to provide safe, affordable-workforce housing to residents of the County's urban designated areas and rural areas. Programs operated by the Department will continue to include, but are not limited to: . Impact fee deferrals . Housing rehabilitation and emergency repairs . Down payment and closing cost assistance ~Policy 2.11: [Revised text, page 5] Words underlined are added; words struok through are deleted. 5 Housing Element As Adopted by BCC 1-30.07 2H The Collier County Housing and Urban Improvement Operations Support and Housing Department will continue to coordinate with independent water und sewer districts local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place, aatl consistent with the County's Concurrency Management System. .?kPolicy 2.12: [Revised text, page 5] The County will continue to adopt and implement policies which address site locations provide for the proper siting and implementation of farm worker housing, including, but not limited to. strategies such as density bonus agreements, impact fee '.vaivers or deferrals, and the provision of adequate infrastructure and services. OBJECTIVE 3: [Revised text, page 5] By 2000, Collier County shall continue to support and adequately fund increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBO programs including, but not limited to, strategies such as BQ.own p..Qayment/~losing ~ost Af!ssistance, Rrehabilitation and ~mergency Rrepair, BQ.emolition with Nnew ~onstruction, and limpact I<fee Waivers or BQ.eferrals. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 3.1: [Revised text, page 5] Collier County shall continue to seek out and Y!!tilize federal, ~tate and local resources for housing rehabilitation programs that repair and maintain the existing housing stock. The County shall also continue to support local municipal and non-profit efforts to identify and secure funding for housing rehabilitation programs. L'\pply for additional funding such as, but not limited to, HOME, and Florida Fix as funds become uvailable. Policy 3.2: [Revised text, page 5] Local governments will seek out and apply for additional fMnding to help provide more affordable flol:lsing and Collier County will support applications from for:profit and not-for- profit organizations wfle that apply for .s.~tate and I<federal funding for the purpose of constructing and/or rehabilitating affordable-workforce housing. Policy 3.3: [Revised text, page 6] Collier County shall continue to Y!!tilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low, low and moderate income residents. By le',eraging Federal, State and local dollars, increuse b)' five percent (5%) per year the number of loans made by area lending institl:ltions to very 10'11, low and moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance. Words underlined are added; words struck through are deleted. 6 Housing Element As Adopted by BCC 1-30-07 2H CITY POLICIES *Policy J..S 3.4: [Renumbered text, page 6] *Policy ~ 3.5: [Renumbered, revised text, page 6] By 1998, tIhe City of Naples will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existing residential character of the area. *Policy ~ 3.6: [Renumbered, revised text, page 6] By 1998, tIhe City of Naples will study and make recommendations to amend the Code of Ordinances to limit "megahouses" address impacts of larger homes on smaller lots within the City of Naples. By 2000, tIhese changes will be reviewed to determine their effectiveness. *Policy J...H. 3.7: [Renumbered, revised text, page 6] By 1999, tIhe City of Naples will implement their re'liew the need for a housing maintenance code to address the conservation of housing stock and the preservation and protection of residential neighborhoods_ COUNTY POLICIES Policy ~ 3.8: [Renumbered, revised text, page 6] Collier County will continue to maintain its apply for Community Development Block Grant (CDBG) urban entitlement county status with through the U.S. Department of Housing and Urban Development.. which will continue to result in an annual allocation of federal funding available to assist very-low, low and moderate income households. OBJECTIVE 4 [Revised text, page 6] By 2000, the Collier County and the City of Naples will conduct a comprehensive housing survey, every three years or sooner, te for the purpose of identifying substandard dwelling units. Through continued enforcement of each jurisdictions County housing codes, and the provision of housing rehabilitation or replacement programs, the number of substandard units {associated with a lack of plumbing and/or kitchen facilitiesl throughout the County shall be reduced by 5% per year through rehabilitation or demolition. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 4.1: [Revised text, page 6] By 2001, Utilize ttse the most recent comprehensive housing inventory to develop and implement new programs to reduce substandard housing" Reduction of the number of substandard units will be accomplished by employing existing methods such as. but not limited Words underlined are added; words €:truok through are deleted. 7 Housing Element As Adopted by BCC 1-30-07 2lf !Q.. housing code inspections, rehabilitation programs, and demolition of substandard units and their replacement with new construction and develop ne';l programs as needed. Policy 4.2: [Revised text, page 7] Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet the housing code or, which cannot economically be rehabilitated. Policy 4.3: [Revised text, page 7] Review and amend the existing relocation policy of the City of Naples and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4.4: [Revised text, page 7] In the event of a natural disaster or government intervention, replacement housing shall comply with all applicable Ffederal, 's'~tate and local codes and shall consider factors such as, but not limited to, commercial accessibility, public facilities, places of employment, and housing mcome. Policy 4.5: [Revised text, page 7] All 9Qwelling units will be maintained in a safe and sanitary condition, including adequate light, ventilation, sanitation and other provisions.. as required by the County and the City of Naples minimum housing codes. This task will be accomplished through housing code inspections and code enforcement actions, and housing rehabilitation programs supported through tlS:ifl.g ~tate, federal, local and/or private resources. CITY OF NAPLES POLICIES None COUNTY POLICIES None P~liey 4.': [Deleted text, page 7] By June 1, 2001, Collier County will condMct an inyentory to determine the number of non conforming and sub standard mobile home housing Mnits in the Immokalee Urban L'\rca and de'lelop an incentive plan to upgrade these units throMgh the following activities: 1. L^1ssign a team of staff members from tHe follo'//ing departments to implement the program: Code Enforcement, Building Review, Planning and Housing and Urban Improvement. 2. Coordinate with other agencies that monitor and inspect mobile home parks. Words underlined are added; words struok through are deleted. 8 Housing Element As Adopted by BCC 1-30-07 2w . I, 3. Create and incorporate into the Collier County Land Development Code, flexible development standard~; that will be based on minimMm life and safety stundards. 4. Provide economic incentives to encourage the replacement of sub standard units. Poliey 4.7: [Deleted text, page 7] 'Nithin ORe year of inventory completion, the County shall complete a review of the residential density caps established in the Immokalee Area Master Plan to determine if and where it may be appropriate to inerease sMch caps to eacourage the development of new affordable housing Mnits for farmworkers, ';ery 10"1 and low income individuals. OBJECTIVE 5: [Revised text, page 8] Collier County and the City of Naples will annually monitor all identified historically significant structl:1res homes to determine that if these structures are being conserved, maintained, and/or rehabilitated. JOINT CITY/COUNTY POLICIES Policy 5.1: [Revised text, page 8] EnSMre the coordination of the Housing Element policies with the Future Land Use policies relevant to historic preservation. All residential structures that are listed on the National Register of Historic Places, or as contributing structures within the Old Naples National Register Historic District, or which structures that are designated as locally significant historic resources.. will be encouraged to maintain their historic value through the provision of technical assistance. Policy 5.2: [Revised text, page 8] By 1999, the Collier County and the City of Naples will review the their land development regulations, building code, FEMA regulations, and other requirements every five years, and amend these as necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures. CITY POLICIES *Policy 5.3 [No changes to text, page 8] *Policy 5.4: [Revised text, page 8] By 2000~, Collier County and the City of Naples coordinate with Future Land Use policies and will study potential incentives to encourage the conservation, maintenance and rehabilitation of historic strnctmes homes and will make recommendations to the City Council and to the Board of County Commissioners as to which incentives should be adopted. COUNTY POLICIES .?liPolicy 5.5: [Revised text, page 8] Words underlined are added; words struok through are deleted. 9 Housing Element As Adopted by BCC 1.30-07 2H The conservation and rehabilitation of housing.. which is of historic significance.. shall be accomplished by working with private sector groups and private developers to develop incentive- based programs. *Paliey S.(): [Deleted text, page 8] The Land Development Code that regulates the rehabilitation, demolition or relocation of historically significant housing will be emended as needed. ~Policy S.~: [Renumbered, revised text, page 8] Every five years, the Historical HOMsing Construction Smvey '.vill be updated to enSMre further identifieation of historically significant housing. The Collier County Probability maps will be updated as each new historic structure or residence is listed on the National Register or is locally nominated. By 2008, the Board of County Commissioners shall commission a new Historical Survey for all of unincorporated Collier County. The Survey shall review the current status of all previously identified historical structures and sites within the unincorporated County and shall make recommendations as to which of these sites or structures should be nominated to the National Register. The Survey shall also review and make similar recommendations regarding any previously unidentified historic structures or sites. ~Policy 5.81: [Renumbered, revised text, page 8] By +999 2009, the Historical/Archaeological Preservation Ordinance shall be updated to include any ne'N historically significant housing the results of the Historical Survey and to include any relevant changes in State or Federal regulations concerning historically properties. OBJECTIVE 6: [Revised text, page 9] By 1999, the County and City will ensme that local land development regulations are in compliance v:ith State and Federal regulations regarding group homes and foster care facilities locations. Collier County shall monitor changes to state and federal regulations pertaining to group care facilities, and. as necessary. amend its Land Development Code to ensure compliance. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 6.1: [Revised text, page 9] Provide non-profit group care facility organizations with information on Ffederal, 8~tate and local housing resources that will assist them in the provision of special needs housing. On an annual basis, or as needed, provide technical assistance and support as organizations apply for funding assistance. Words underlined are added; words struok through are deleted. 10 Housing Element As Adopted by BCC 1-30-07 2H Policy 6.2: [Revised text, page 9] Collier County shall Rreview the County and the City of Naples Fair Housing ordinances and procedures with regard to group care facilities and shall seek to consolidate local fair housing implementation in order to provide promote consistency and coordination in the siting of such facilities between the jurisdictions. Policy 6.3: [Revised text, page 9] By 1999, Rreview the existing County and City of Naples land development regulations and building codes, and amend as necessary, to ensure compliance with State and Federal regulations.,-aHtl amend as flecessary, to provide for group homes and foster care facilities licensed by the State of Florida. Policy 6.4: [Revised text, page 9] Collier County may allow Ggroup homes and foster care facilities 'Hill be allov/ed in residentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and will be consistent with Chapter 419, Florida,; Statutes. CITY OF NAPLES POLICIES None COUNTY POLICIES None OBJECTIVE 7: [Revised text, page 9] Although mobile home developments ~ currently exist within the coastal areas of Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, aH;' no new rezone to permit mobile home development ~ will be restricted to allowed within areas outside of the urban coastal fringe Coastal High Hazard Area. as depicted on the countywide Future Land Use Map. JOINT CITY OF NAPLES/COUNTY POLICIES None CITY OF NAPLES POLICIES *Policy 7.1: [No changes to text, page 9] *Policy 7.2: [No changes to text, page 10] COUNTY POLICIES .!I!.Policy 7.3: [Revised text, page 10] Words underlined are added; words struok through are deleted. 11 Housing Element As Adopted by BCC 1-30-07 2LJ . /7 The County has numerous sites where mobile homes are a permitted use and these sites will continue to be available for mobile home development~. However, due to the low lying elevations, susceptibility to flooding, storm surges and high winds from hurricanes and tropical storms, and that mobile homes are particularly vulnerable to damage, no additional sites will be zoned for mobile home development within coastal Collier County. the Coastal High Hazard Area, as depicted on the countywide Future Land Use Map. OBJECTIVE 8: [Revised text, page 10] The nMmber of ne\',' and rehabilitated units shall increase by 50 l:lnits per year to address those households with special needs such as rural and farmworker housing in fMral Collier County. Collier County shall continue to utilize SHIP. CDBG, or other funding sources and, in partnership with Federal, State and non-profit housing agencies, will seek to provide a minimum of 50 rehabilitated or new residential units per year for very low. low and moderate income residents of the Immokalee Urban Area, Rural Fringe Mixed Use District. and within the Rural Lands Stewardship Area. Families benefiting from such housing will include, but not be limited to, farm workers and other populations with special housing needs. Pi:lliey 8.1: [Deleted text, page 10] The County will coordinate with the USDL\ and other State and Federal Agencies to provide technical and financial assistance, impact fee waivers and deferrals and increased density, consistent with Immokalee L\rea Master Plan, for a 300 bed facility to provide housing for Mnaccompanied agribusiness workers. Policv 8.1: [New text, page 10] Collier County shall continue to pursue the policy of requiring all non-conforming or sub- standard residences of any type within the Immokalee Urban Area to be either rehabilitated to current housing code standards or demolished. Policv 8.2: [New text, page 10] By 2008. Collier County shall complete a review of the residential density caps established within the Immokalee Area Master Plan Element of this Growth Management Plan. Based upon this review, the County shall determine if and where it may be appropriate to increase such caps, so as to encourage the development of new affordable-workforce housing units for farmworkers, very low, low and moderate income residents. Policy Y 8.3: [Renumbered, revised text, page 10] During 2004, +!he County will prepare completed a housing assessment survey of single family, multi-family, and mobile home units and mobile home parks in the Immokalee Urban Area. in order to determine the number of units that do not meet the County's current health.. i:HH:l safety Words underlined are added; words Gtruok through are deleted. 12 Housing Element As Adopted by BCC 1-30-07 2.'~...[j ~l n and minimum housing codes-,- and the minimum housing code and The County shall target affordable-workforce housing and code enforcement programs to correct the conditions. Policy 8.J 8.4: [Renumbered, revised text, page 10] Funding for rehabilitation of both owner and rental units within the Immokalee Urban and Rural Lands Stewardship Areas will be provided through USDA funding.. aad State SHIP funding.. CDBG funding, or other appropriate funding sources, and leveraged with additional funding sources to the maximum degree possible. Policy &4 8.5: [Renumbered, revised text, page 10] Proposed I<farmworker housing sites will be evaluated and selected on the basis of health. safety and welfare concerns and to ensure that housing for this group is located in close proximity to such things as employment locations, transportation opportunities, shopping opportunities, and health care facilities. Paliey 8.5: [Deleted text, page 10] Collier COl:mty will continlie to make a','ailable all first time homebuyer programs including SHIP, CDBG, aad other State, Federal, and Private flinds to Farm'Jlorkers through a multi linglial marketing approach coordinated with local outreach seryices. The COMnt)' anticiputes that 50 farmv/orkers per year will become homeowners by implementing special outreach programs to encoMrage homeownership in the farmworker community. Policy 8.6: [Revised text, page 11] Wbeft Collier County is awarded entitlement community status, will continue to utilize CDBG funds 'Nill be Msed to provide additional farmworker-housing opportunities. In addition to housing units that currently qualify for assistance under SHIP program guidelines, special consideration of CDBG funds will be aimed at units that current SHIP program guidelines prohibit from assistance (i.e... mobile home units). Farmworkers will also be encouraged.. through the use of multi-lingual outreach programs, to take advantage of any other CDBG, SHIP, Local, State, Federal, and private programs for which they may qualify through multi lingMal outreach programs to the farmworker community. EAR-HE Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final cs-nf-cg-dw/2-2-07 Words underlined are added; words struok through are deleted. 13 STATE OF FLORIDA) 2H COUNTY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-14 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ D..c-w. ~O-(. By: Ann Jennejohn, Deputy Clerk 2H May I, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1 ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25, 2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement ofIntent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2,2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order ifno timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy ofthe Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2H 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Plarrner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Plarrning MMlbp Enclosure: Notice ofIntent and Statement of Intent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Plarrning Council 21 ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE RECREATION AND OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10,1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan on January 25,2007; and WHEREAS, 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 AMENDMENTS TO THE RECREATION AND OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan RECREATION AND OPEN SPACE ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 21 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 Amendment to the RECREATION AND OPEN SPACE 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. ATTEST: r' ~ :,::~~t . DWI, H~~:RJ k y. .~ ~ ~. ' , DeputyAt~i(~:,to, eM iI"'UA $ ~~9~li'u~" Qitlll 'o", ..... ,J Idll""i-~, .. APPROVED ASiO FORM AND LEGAL SUFFICIENCY: ~~I~LM~T~~R~G~~ ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER CO.... ,~...N./T,Y, FL9;a .. BY:JAM~~~ T --t 2007 RECREATION AND OPEN SPACE ELEMENT '''<,....,.. '," 'd...~M~'"'':.1 ...~~ :' d-\~lc:r+--1 ~~+ ",.."...,~..~_l 2 Recreation & Open Space Element As Adopted by BCC 1-30-07 EXHIBIT "A" 21 INTRODUCTION: [N ew text, page I] Chapter 163.3177(6)(e). Florida Statutes. requires each local government comprehensive plan to have "A recreation and open space element indicating a comprehensive system of public and private sites for recreation. including, but not limited to, natural reservations. parks and playgrounds, parkways. beaches and public access to beaches, open spaces, and other recreational facilities." However, Chapter 9J-5.014, Florida Administrative Code. which formerly contained the Florida Department of Community Affairs' "Minimum Standards" for review of local Recreation and Open Space Elements, has been deleted. Thus, while the Recreation and Open Space Element remains a requirement for local comprehensive plans in the State of Florida, the format and contents of such an Element may be tailored to local needs. provided that the intent of the Statute is met. This Recreation and Open Space Element was recently updated, as recommended by the Community Character! Smart Growth Advisory Committee. by Ordinance No. 2003-67, adopted on December 16,2003, to further implement the Collier County Community Character Plan and "Smart Growth" principles. The Recreation and Open Space Element is divided into three sections, each of which is guided by a specific goal. These three sections are: . The general provision of parks, recreation facilities and open space areas for the use and enioyment of Collier County residents and visitors. . The development of a countywide neighborhood park system. . The development of a countywide regional and community park system. Within Collier County government. the responsibility for overseeing the implementation of the above goals is assigned to the Collier County Parks and Recreation Department, which is part of the Public Services Division. Words underlined are added; words struok through are deleted. Recreation & Open Space Element As Adopted by BCC 1-30.07 Goals, Objectives and Policies Recreation & Open Space Element 21 GOAL I: [No change to text, page I] Objective 1.1: [No change to text, page I] Policy 1.1.1: [Revised text, page I] Collier County hereby adopts +!he following level of service standards for facilities and land owned by the County or available to the general public are adopted: ST f...NDLA...RD OF SERVICE LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land/l,OOO population (''!;eighted average, unincorporated) B. 2.9412 acres of regional park land/l ,000 population (weighted average) C. Recreation facilities - Facilities in place, which have a value (as (X) defined) of at least $179.00 $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County, as set forth in Table A the Annual Update and Inventory Report (AUIR), applying the values to the number of each facility type, adding up all values and dividing the total by the County population (weighted average). 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in- place facility value. Policies 1.1.2 through 1.1.4: [No change to text, page I] Policies 1.1.5 and 1.1.6: [No change to text, page 2] OBJECTIVE 1.2: [No change to text, page 2] Policy 1.2.1: [No change to text, page 2] Words underlined are added; words struok through are deleted. 2 Recreation & Open Space Element As Adopted by BCC 1-30-07 Policy 1.2.2: [Revised text, page 2] 21 Continue to rezone all County owned recreation sites and open space under appropriate recreation zoning. The proper Collier County Zoning District for all County-owned parks and recreational sites shall continue to be P, Public Use, or the equivalent zoning designation within a Planned Unit Development. OBJECTIVE 1.3: [No change to text, page 2] Policy 1.3.1: [Revised text, page 2] L^Jl public deyeloped County-owned or managed parks and recreation facilities shall have automobile, bicycle and/or pedestrian access facilities, where the location is appropriate and where such access is economically feasible. Policy 1.3.2: [Revised text, page 2] Collier County shall ~ontinue to ensure that access to beaches, shores and waterways remain~ available to the pubJic.:. Further the County afHl will develop a program to assess the availability of land for the creation of Sl:t€fl. new access points, and a method to fund f.t.:s. the necessary land acquisition. OBJECTIVE 1.4: [No change to text, page 2] Policy 1.4.1: [Revised text, page 2] Maintain and improve the existing system which encourages developers to pro',ide recreation sites and/or facilities v/hich are consistent with park and recreation guidelines. Through the land development review process, Collier County shall continue to encourage developers to provide recreation sites and/or facilities within residential and mixed use Planned Unit Developments (PUDs). Policy 1.4.2: [Revised text, page 2] Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmentaliurisdictions that own or operate such facilities and activities within, or adiacent to, Collier County. Said governmental entities shall include. but not necessarily be limited to: u.s. Department of Commerce, The National Oceanic and Atmospheric Administration U.S. Department of the Interior, The National Park Service The Florida Department of Environmental Protection. Division of Recreation and Parks Words underlined are added; words struok through are deleted. 3 2/ Recreation & Open Space Element As Adopted by BCC 1-30-07 The Florida Department of Agriculture and Consumer Services, Division of Forestry Lee County, Florida Hendry County, Florida Broward County, Florida Dade County, Florida Monroe County, Florida The South Florida Water Management District. Big Cypress Basin Board The Collier County School Board The City of Naples, Florida The City of Marco Island, Florida Everglades City. Florida The City of Bonita Springs, Florida OBJECTIVE 1.5: [Revised text, page 3] Continue to operate existing program for enforcing existing future developer commitments for recreation facilities and open spuce. Through the PUD monitoring process, Collier County shall continue to enforce developer commitments for the provision of parks, recreation facilities and open space. Policy 1.5.1: [Revised text, page 3] ContiR1:Ie to inventory new deyeloper recreational facilities commitments as appro'/ed. This in'/entory .....ill be Mpdated on an annual basis. Collier County shall maintain aft a current inventory of recreational facility commitments made by developers through the development review process. This inventory will be updated on an annual basis. Policy 1.5.2: [Revised text, page 3] Collier County shall ~nforce developer commitments of developers for recreational facilities and open spaces- through appropriate actions of County agencies. OBJECTIVE 1.6: [No change to text, page 3] Policy 1.6.1: [No change to text, page 3] GOAL 2: [Revised text, page 3] THE COUNTY SHALL DEVELOP PROMOTE A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USfABLE OPEN SPACE TO MEET THE RECREA TIONAL NEEDS OF RESIDENTS WITHIN THE COl\fMUNITY COUNTY. Words underlined are added; words struok through are deleted. 4 Recreation & Open Space Element As Adopted by BCC 1-30.07 2/ Objeetive OBJECTIVE 2.1~ [Revised text, page 3] By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood parks. Policy 2.1.1:, [Revised text, page 3] The Parks and Recreation Department will develop a Neighborhood park Plan and identify those sites or general areas for neighborhood parks on a Neighborhood Park master Plan. This Plan will be developed by the year 2010 with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy 2.1.2~ [Revised text, page 3] The COMnty shall amend the Land Development Code to include a ne','; definition of usable open space that 'Nill provide for an open space area to be used as a neighborhood park for the recreationul needs of the surrounding area. The County shall amend the Land Development Code to require the developer of a residential PUD, or a PUD having a residential component, to provide its residents and guests with an open spuce area that is a suitable for use as a neighborhood park, and that as determined on a case-by-case basis, which is. as required by Policy 5.4 in the Future Land Use Element. compatible with the surrounding development. Policy 2.1.3:, [Revised text, page 4] New neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED), where these principles are appropriate and economically feasible. Neighborhood parks may also be co-located with churches, schools, or other recreational facilities. Policy 2.1.4:, [Revised text, page 4] Policy 2.1.5:, [Revised text, page 4] The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. GOAL 3: [No change to text, page 4] Objeetive OBJECTIVE 3.1~ [Revised text, page 4] Policy 3.1.1:, [Revised text, page 4] Words underlined are added; words struok through are deleted. 5 Recreation & Open Space Element As Adopted by BCC 1-30-07 21 Policy 3.1.2.:. [Revised text, page 4] The Parks and Recreation Department will be responsible for the design and construction of the all new community and regional parks. Policy 3.1.3.:. [Revised text, page 4] The County shall continue to partner with the Collier County Public Schools to co-locate parks in conjunction with new school sites as they such sites are identified and developed and/or to provide County recreational programs at Collier County Public Schools' facilities. Policy 3.1.4.:. [Revised text, page 5] The County shall continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for the establishment of community and regional parks. Policy 3.1.5.:. [Revised text, page 5] The County shall investigate the utilization of tax credits or other incentives fef to encourage property owners who v/ish to dedicate land to the County to meet the recreational needs of community and regional parks. Policy 3.1.6 [Revised text, page 5] The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites where general public access can be supported. Policy 3.1.+6: [Revised text, page 5] By the year 2010, the Parks and Recreation Department and the Transportation Operations Department Services Division will investigate the utilization of the existing canal and power line easements to create a greenway system throughout within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). EAR-ROSE Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final cs-dw/S-24-06 Words underlined are added; words struok through are deleted. 6 21 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-15 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ().LuA ~ ~.~ '\ By: Ann Jennejohn, Deputy Clerk 21 May 1, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25, 2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25, 2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice of Intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement ofIntent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2, 2007. The Department;s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 21 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3 I 89(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MM/bp Enclosure: Notice of Intent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council , 2 Jr ..\1 ORDINANCE NO. 07--LL AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan on January 25,2007; and WHEREAS, 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 AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 2J 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 Amendment to the CONSERVATION AND COASTAL MANAGEMENT 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January. 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COLJNlfY, FL RI ,/ / j.;;,~. "l BY: / . JAM COLETTA, CHAIRMAN OCK, CLERK 1 ;,.:"By. ~~ ttCt~( f~~~,.eput'Qw~ II to 0\f.1rNA , . \: ..si'9Qftwrt OA 1 ~ ,. APPROVEt>cAS TO FORM AND LEGAL SUFFICIENCY: ~~dt~'M~T-U~~~~I~~ ASSISTANCT COUNTY ATTORNEY 2007 CONSERVATION AND COASTAL MANAGEMENT ELEMENT .~\J .~.\~sio1 ~ 2 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 EXHIBIT" A" 2J I. INTRODUCTION [New text, page I] Subsection 163.3177 (5)(dt Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans, an Element, dealing with "the conservation, use, and protection of natural resources in the area. including: air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources." In 2002, the State Legislature made a change to Subsection 163.3177 (6) (d), F.S.. which requires local Conservation Elements to consider the applicable Water Management District water supply plans or water management plans. More specifically, the Conservation Element must "assess their current, as well as proiected, water needs and sources for at least a lO-year period." In addition to the Conservation Element, Subsection 163.3177 (5)( g), Florida Statutes. also requires certain designated local governments (including Collier County) to have an element of the local comprehensive plan dealing with coastal management. This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" 1. Maintenance, restoration, and enhancement of the overall quality of the coastal zone environment, including, but not limited to, its amenities and aesthetic values. 2. Continued existence of viable populations of all species of wildlife and marine life. 3. The orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and nonliving coastal zone resources. 4. A voidance of irreversible and irretrievable loss of coastal zone resources. 5. Ecological planning principles and assumptions to be used in the determination of suitability and extent of permitted development. 6. Proposed management and regulatory techniques. 7. Limitation of public expenditures that subsidize development III high-hazard coastal areas. 8. Protection of human life against the effects of natural disasters. Words underlined are added; words struok through are deleted. I Conservation & Coastal Management Element As Adopted by BCC 2J 2-2-071 9. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to facilitate deepwater commercial navigation and other related acti vities. 10. Preservation, including sensitive adaptive use of historic and archaeological resources. The statute further relates the functions of the Conservation and Coastal Elements so that. in effect. local governments in designated coastal areas, such as Collier County, are required to prepare a Conservation and Coastal Management Element, which fulfills the requirements for both Elements. Accordingly, Collier County's Conservation and Coastal Management Element is divided into thirteen (13) separate goal areas. These may be summarized as follows: 1. Protection of natural resources; 2. Protection of surface and estuarine water resources; 3. Protection of groundwater resources; 4. Protection of freshwater resources; 5. Protection of mineral and soil resources; 6. Protection of native vegetation and wildlife habitat; 7. Protection of fisheries and wildlife; 8. Maintenance of existing air quality; 9. Management of hazardous materials and hazardous wastes; 10. Protection of coastal resources; 11. Protection of historic resources; 12. Hurricane evacuation and sheltering; and 13. Avoidin~ duplication of regulations. Words underlined are added; words struok through are deleted. 2 Conservation & Coastal Management Element As Adopted by BCC 2. ' 2-2-07 \.~ Goals, Objectives and Policies Conservation & Coastal Management Element GOAL I [No change to text, page I] OBJECTIVE 1.1: [Revised text, page I] By L'\l:lgl:lst 1, 1994, the Collier County will complete the development and implementation continue to develop and implement at a comprehensive environmental management and conservation program, which tbat will ensure that the natural resources, including State and Federally listed animal species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered and Potentially Endangered Fauna and Flora in Floridu", pMblished by tHe Florida Game and Fresh 'Hater Fish Commission. Policy 1.1.1: [Revised text, page I] By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in tHe development and implementation of the County Environmental Resources Management Program. Collier County has established and maintains an Environmental Advisory Council (EAC), which advises and assists the appropriate County agencies, the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) in implementing the County's environmental resources management programs. Policy 1.1.2: [Revised text, page I] By the time mandated for the adoption of land development regulations pl:lrsuant to Chapter 163.3202, F.S., including any amefldments tHereto L'\Mgust 1, 1989 incorporate the goals, objectives, afld policies contained within this Element into tHe COMnty's land development regulations as interim environmental resources protection and management standards. Collier County has incorporated the goals, obiectives and policies of this Conservation and Coastal Management Element into the Collier County Land Development Code as the County's standards for environmental resources protection and management. The Land Development Code shall be revised, to reflect the adoption of new and/or revised natural resources management and environmental protection standards and criteria. Policy 1.1.3: [Revised text, page I] By January 1, 1990, tHe COMnty will Have in place an appropriately administered and professionally staffed goyernmental l:lnit capable of developing, administering, and providing long term direction for the Collier County Environmental Resources Management Program. Words underlined are added; words etruok through are deleted. 3 Conservation & Coastal Management Element As Adopted by BCC 2 2-2-07 ,~ iJ ~, ~1 'j~ Collier County shall continue to support established environmental policies by maintaining an appropriately administered and professionally staffed governmental unit capable of developing:, administering:, and providing long-term direction for the protection and management of the County's environmental resources. P-eliey 1.1.4: [Deleted text, page I] Ensure adeqMate and effective coordination between the Environmental Services Department Resources Management Program staff and all other Mnits of local gO'/ernmental entities involved in land use and/or en'/ironmental activities and regulations. Policy l.l.~: [Revised text, page I] L'\ void l:lflneCessary duplication of effort and The appropriate County agencies shall continue cooperation with private natural resource conservation and management organizations, as well as Regional, State, and Federal environmental agencies aft€l organizations. and will Wwork with other local governments to identify and manage shared natural resources. Policy 1.1.~': [Revised text, page I] When developing the Collier County shall maintain a conservation program, which attempt~ to equitably balance the relationship between the benefits derived from. and the costs incurred by such a program to both the public and private sectors. Poliey 1.1.7: [Deleted text, page I] Continue with the pHased preparation and adoption of all natural resources management and en'/ironmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. Poliey 1.1.8: [Deleted text, page 2] ContimH3 witH the phased preparation and adoption of all natural reS01:lfces management and environmental protection standards and criteria needed for use in the Collier COMnty land development review process. Implementation shall occur on an annMal basis as standards and criteria are deyeloped. Policy 1.1.~9: [Renumbered text, page 2] Objective 1.2: [No change to text, page 2] Policy 1.2.1: [No change to text, page 2] Words underlined are added; words struok through are deleted, 4 Conservation & Coastal Management Element As Adopted by BCC 2~ "" \k . 2-2.07 Policy 1.2.2: [No change to text, page 2] Policy 1.2.3: [No change to text, page 2] Policy 1.2.4: [No change to text, page 2] Policy 1.2.5: [Revised text, page 3] The system ,-"ill be maintained by the COMnty staff and updated on a cooperative basis by qualified pHblic and private organizatiofls. Collier County's computerized environmental resources data storage, analysis and graphics system shall share information and resources with other FederaL State, RegionaL local and private environmental management agencies and organizations and the general public. The Countv shall cooperate with these other entities when updating its system in order that the benefits of the updated system may be shared with all appropriate agencies and organizations. Objective 1.3: [No change to text, page 3] Policy 1.3.1: [Revised text, page 3] [Nete: The A.ssessment has been eempleffJd, and &\fP amendments atleptetl, feT the enRro A.ssessment aroa; this inehuled establishing NRPA.s en the FElUtro Land Use AMp, Thero are ne wnger any intenm NRPA.s er any stEldy ar-eas, The GAfP amendments atleJ1ted fer the A..ssessment aroa aFC new in effeet; aeceTtlingly, the Pinal OFiJer issEled en JElne 22, 1999 by the A.dministFaRen C8mmissien, lllhieh inehuled a parRal merawnElm fer the A..ssessment aHa, is ne lenger in eff-eet.] [No further changes to this policy.] Policy 1.3.2: [No change to text, page 4] Policy 1.3.3: [No change to text, page 4] Policy 1.3.4: [No change to text, page 4] Policy 1.3.5: [No change to text, page 4] GOAL 2 [No change to text, page 5] Objective 2.1: [Revised text, page 5] By January -l, ~ 2008, the County shall complete the prioritization and begin the process of prepareing Watershed Management Plans, which ffiat: will address contain Words underlined are added; words ctruok through are deleted. 5 Conservation & Coastal Management Element As Adopted by BCC 2r 2-2-07 appropriate mechanisms to protect the County's estuarine and wetland systems. The process shall consist of (1) an evaluation of areas for which Watershed Management Plans are not necessary based on current or past watershed management planning efforts, (2) an assessment of available data and information that can be used in the development of Watershed Management Plans, and (3) budget authorization to begin preparation of the first Watershed Management Plan by January 2008. A funding schedule shall be established to ensure that all Watershed Management Plans will be completed by 2010. In selecting the order of Plan completion, the County shall give priority to watersheds where the development growth potential is greatest and will impact the greatest amount of wetland and listed species habitats. The schedule and priorities shall also be coordinated with the Federal and State agency plans that address Total Maximum Daily Loads (TMDLs). Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1( a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (February 2006) standards provisions required by Drainage sub element Policy 1.6.1 and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Sub-element Policy -h6.2 and -h6.3. respectively; b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Floodplain storage compensation shall be evaluated for developments within the designated flood zones "A". "AE", and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date of November 17.2005. Floodplain storage compensation shall also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. d. All development located within areas currently identified as Restoration Projects as identified ffi on the SOl.:lthwest Florida Draft Feasibility StMdy fFigure 11 shall be evaluated to determine impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a continual preponderance of wetland or wet facultative plant species and a ground elevation through the major portion of the natural wetlands, flowways. or sloughs at least one (1) foot lower than the ground at the edge of the natural wetlands, flowways.. or sloughs.:. The edge of the natural wetlands, flowways, or sloughs shall be identified by field determination and based upon vegetation and elevation differences from the adjacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin as outlined in Ordinance 2001-27, adopted May 22, 2001 which amended the County Water Management Policy and provided basin delineations where special Words underlined are added; words struol{ through are deleted. 6 Conservation & Coastal Management Element As Adopted by BCC , 2 f,._ 2-2-07 peak discharge rates have been established. The limiting discharge rates will be reviewed as a part of the Watershed Management Plans, and modified according to the analyses and findings of the Watershed Management Plans. e. All new development and re-development projects shall ensure surrounding properties will not be adversely impacted from the proiect's influence on stormwater sheet flow. e:-f. Prior to the issuance of a final development order. the County shall require all development projects to obtain the necessary state and federal environmental permits. g. Within one year of the effective date of these amendments. the County shall adopt land development regulations to require Best Management Practices of future development or re-development projects. Best Management Practices means structural and non-structural facilities or practices intended to reduce pollution either through source control or treatment of stormwater. Figure 1. Restoration Project Areas Where Interim Development Standard 2.l.d Is Applicable Policy 2.1.1: [No change to text, page 5] Policy 2.1.2: [No change to text, page 5] Policy 2.1.3: [No change to text, page 5] Policy 2.1.4: [Revised text, page 5] All Watershed Management Plans should shall address the following concepts: a. Appropriate wetlands and uplands serving as a buffer to wetlands are conserved; b. Drainage systems do not degrade wetland and estuary ecosystems; c. Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt-water intrusion are lessened; e. The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; aHti f. The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; aHti h. Non-structural rather than structural methods of surface water management should be considered first in anay"proposed new works7~ 1. Wetland and estuarine habitat functions are conserved and/or enhanced: and 1. Wetland and estuarine ecosystems will be conserved and/or enhanced using a variety of innovative tools, including landowner incentives, public acquisition, conservation easements, and/or transferable development rights. Words underlined are added; words struok through are deleted. 7 Conservation & Coastal Management Element As Adopted by BCC 2-2.07 Policy 2.1.5: [Revised text, page 6] '2J As appropriate, integrate environmental resources data collection, planning, and management acti','ities with the water management basin studies described in other parts of this Plan. Upon establishment of the various Watershed Management Plans for Collier County. all environmental data collection, environmental management and environmental planning activities conducted by Collier County shall be conducted using a basin-by-basin approach. Poliey 2.1..,: [Deleted text, page 6] Promote intergovernmental cooperation bet';/een Collier Count)' and the municipalities of Naples and E','erglades City for consistent watershed management planning. Policy 2.1.~: [Renumbered text, page 6] Policy 2.1.18: [New text, page 6] Collier County shall take the lead and promote intergovernmental coordination between the County and other governmental agencies involved with watershed planning, including, but not necessarily limited to, the municipalities of Marco Island, Naples and Everglades City, the Florida Department of Environmental Protection. the South Florida Water Management District. the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service. the U.S. Army Corps of Engineers and other governmental agencies. The County will take the lead and oversee the preparation of the necessary watershed management plans, and will rely upon the work performed or data collected by other agencies, to the extent that these agencies have data and/or experience, which may be useful within the watershed basin planning and management process. Objective 2.2: [No change to text, page 6] Policy 2.2.1: [Revised text, page 6] Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet -9ER Florida Department of Environmental Protection (FDEP) regulations and are not in violation of other Goals, Objectives and Policies of this Element. Policy 2.2.2: [No change to text, page 6] Policy 2.2.3: [No change to text, page 6] Policy 2.2.4: [No change to text, page 6] Words underlined are added; words struck through are deleted. 8 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 Policy 2.2.5: [Revised text, page 6] 2J By December 31, 2008, and no less than every three years, all existing and future stormwater management systems shall be inspected and certified by a licensed Florida professional engineer regularly for compliance with their approved design, and be required to any deficiencies shall be corrected the deficiencies. Collier County shall have identified a process to identify stormwater management systems that are not meeting State water quality treatment standards in effect at the time of project appro'/al. In de','e10ping and implementing such a process, the Count)' shall seek guidance and assistance from the SOMth Florida '.Vater Management District (SFWMD) and FDEP. Objective 2.3: [N 0 change to text, page 6] Policy 2.3.1: [No change to text, page 6] Policy 2.3.2: [No change to text, page 7] Policy 2.3.3: [Revised text, page 7] In an attempt to increase ground '.vater levels and to restore the natural hydroperiod for the natMral freshv:ater input to the estuarine system, any future modification of public water control structMres in the 'lIatershed above the control stmcture which '.vould amount to 50% or more of the cost of a neVi structure shall be designed to retain as mueh water as appropriate. All watershed basin modification activities shall include appropriate detention and retention criteria, consistent with the rules and regulations of the South Florida Water Management District. Big Cypress Basin Board and Collier County, as may be applicable. Policy 2.3.4: [No change to text, page 7] Policy 2.3.5: [No change to text, page 7] Policy 2.3.6: [Revised text, page 7] The County will only allow Restriet development activities wftere which will not 5t:l€h eetHd adversely impact coastal water resources. This is implemented through the following mechanisms: a. Require all applicable Federal and State permits addressing water quality to be submitted to Collier County before Collier County issues a Final Development Order. b. Excluding single family homes, any proiect impacting 5 acres or more of wetlands must provide a pre and post development water quality analysis to demonstrate no increase in nutrient. biochemical oxygen demand, total suspended solids. lead, zinc and copper loading in the post development scenario. Words underlined are added; words struck through are deleted. 9 Conservation & Coastal Management Element As Adopted by BCC 2-2-07' 2J c. By January 2008, the County shall undertake an assessment of the current model used to evaluate pre and post development pollutant loadings referenced in (b) of this Policy. At a minimum, the purpose of this assessment will be to verify the accuracy of the model and to provide data evaluating stormwater management structure design. In reviewing the accuracy of the model. the County will include an evaluation of the reduction of lake depths with time and the corresponding loss of retention volume, the impact of lake stratification. and the need for aeration. The assessment will also include the sampling of runoff from undisturbed sites and from permitted stormwater outfalls for the parameters listed in Paragraph (b) of this Policy and pesticides. The results of the assessment and recommendations regarding the pollutant loading analysis. revisions to current model methodology, potential regulatory restrictions. and further monitoring shall be presented to the Board of County Commissioners for further direction. Objective 2.4: [Revised text, page 7] By June 30, 1999, complete a draft agreement with the Florida Department of Environmental Protection regarding coordinated afld cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano Ten Thousand Islands AqMatic Preser'/es and their '.vatersll.eds. The agreement shall identify the process for notifying PDEP of development projects ','/ithin the watersheds of these preserve areas. Collier County shall continue taking a coordinated and cooperative approach with the Florida Department of Environmental Protection (FDEP) regarding environmental planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. As part of this process, the County shall continue to notify FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: [No change to text, page 7] Policy 2.4.2: [No change to text, page 7] Policy 2.4.3: [No change to text, page 7] Objective 2.5: [No change to text, page 8] Policy 2.5.1: [No change to text, page 8] Policy 2.5.2: [No change to text, page 8] Policy 2.5.3: [No change to text, page 8] GOAL 3 [No change to text, page 9] Objective 3.1: [Revised text, page 9] Words underlined are added; words struok through are deleted. 10 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J ilfj Ground water quality shall meet all applicable Federal and State water ql:lality standards by January 2002 and shall be maintained thereafter. Ground water quality shall meet all applicable Federal and State water quality standards. Ground water quality shall be monitored in order to determine whether development activities are contributing to the degradation of Collier County's ground water quality. Ground water data and land use activities will be assessed annually to determine long-term trends and whether the County is meeting Federal and State regulatory standards for ground water quality. The County shall require ground water monitoring of land uses in accordance with Chapters 62-520, 62-550 and 62-777 of the Florida Administrative Code. Upon the detection of any ground water degradation determined through the monitoring process, the County will notify the appropriate regulatory agencies. In a coordinated effort with the United States Geological Survey (USGS), or of its own accord. the County shall institute a groundwater monitoring network by 2008, including the comprehensive inventory of monitoring wells. an assessment of monitoring wells previously damaged, and policies to make appropriate well repairs and replacements. Objective 3.2: [No change to text, page 10] Policy 3.2.1: [No change to text, page 10] Policy 3.2.2: [No change to text, page 10] P-aliey 3.2.3% [Deleted text, page 10] A committee of well contractors and drillers, County staff, Health Department staff, and South Florida '.vater Management District staff ',J:ill continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. Policy ~ 3.2.3: [Revised, renumbered text, page 10] The County will inform \vell contractors and drillers and the pMblic on the necessity for proper well construetion and hold workshops for 'Nell drillers on proper techniqMes for well construction in Collier County. Collier County shall continue to provide informational materials and hold informational workshops (for well contractors, well drillers and the general public) concerning the importance of following proper well drilling and construction techniques in Collier County. Policy ~ 3.2.4: Objective 3.3: Policy 3.3.1: [Renumbered text, page 10] [No change to text, page 10] [No change to text, page 10] Words underlined are added; words struok through are deleted. 11 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 Policy 3.3.2: [Revised text, page 10] f 2 , \.1 Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". Collier County shall use its three-dimensional computer model to calculate the actual "cones of depression" around the County's existing potable water wellfields. After at least 15 days publication of the maps of the proposed "zones of protection" for each such wellfield before each hearing by the EAC, Planning Commission and the Board of County Commission, the County shall then amend the appropriate elements of this Growth Management Plan to show such "cones of depression" as "zones of protection" within the Countywide Future Land Use Map Series. Policy 3.3.3: [No change to text, page 10] Paliey 3.3.4: [Deleted text, page 11] ContiRl:le to establish and apply teclmically and legally defensible criteria for determining and mapping zones of protection. [Deleted text, page II] Farmer OBJECTIVE 3.3 sad Palieies 3.3.1, 3.3.2, 3.3.3, 3.3.4 [deleted] Objective 3.4: [No change to text, page 11] Policy 3.4.1: [No change to text, page 11] Policy 3.4.2: [No change to text, page 11] Policy 3.4.3: [Revised text, page 11] Groundwater quality monitoring data shall be ASlssessed the data annually to determine whether monitoring and evaluation activities and County Ordinances require expansion, modification or reduction. The data will also be assessed for the purpose of determining whether County groundwater protection ordinances should be amended. Policy 3.4.4: [No change to text, page 11] GOAL 4 [No change to text, page 12] Objective 4.1: [No change to text, page 12] Policy 4.1.1: [No change to text, page 12] Policy 4.1.2: [No change to text, page 12] Words underlined are added; words E:truol{ through are deleted. 12 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 Policy 4.1.3: [No change to text, page 12] 2J ~ Objective 4.2: [Revised text, page 12] The Collier County Water-Sewer District and the Collier County Water and Wastewater Authority will continue to promote conservation of f.ts. Collier County's potable water supply and by L'\pril 1, 1998, deyelop will continue to develop. implement and refine a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: [No change to text, page 12] Policy 4.2.2: [Revised text, page 12] The County shall Nnegotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where such treated effluent same is available from existing and future wastewater treatment plants. Policy 4.2.3: [No change to text, page 12] Policy 4.2.4: [No change to text, page 12] Policy 4.2.5: [No change to text, page 12] Paliey 4.2.(;1 [Deleted text, page 12] EvalMate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. GOAL 5 [No change to text, page 13] Objective 5.1: [No change to text, page 13] Policy 5.1.1: [Revised text, page 13] The County shall allow mineral extraction operations as provided in the zoning code. The Future Land Use Element (FLUE) and the Golden Gate Area Master Plan (GGAMP) Element of this Growth Management Plan (GMP) delineate future land use designations, districts and/or subdistricts wherein mineral extraction operations are allowed, either by right, or through a conditional use permit. The Collier County Land Development Code (LDC) may allow mineral extraction activities in appropriate zoning districts, consistent with the provisions and limitations contained within this Plan. Paliey S.1.2: [Deleted text, page 13] Words underlined are added; words ctruok through are deleted. 13 Conservation & Coastal Management Element As Adopted by BCC 2.2-07 ^ water 1:lse plan In1:lst be prepared by the applicant and approved by the County \Vater Management Department before new mineral operations are permitted. 2~J Policy S.l.~~: [Renumbered text, page 13] Policy Solo4 5.1.3: [Renumbered, page 13] Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1.) Policy Y.S 5.1.4: [Renumbered, revised text, page 13] Monitoring shall be reqMired to determine compliance with State v;ater quality standards. Mining activities shall stop if water quality standards are yiolated as a result of the mining operation. Collier County shall monitor the status of all established state water quality monitoring programs for mineral extraction activities. The results of the permitted monitoring program shall be copied to Collier County. In the event that a mining operation is in violation of water quality parameters established by the permit, Collier County shall have the right to order a suspension of the mining activities until the water quality violation is resolved. Objective 5.2: [No change to text, page 13] Policy 5.2.1: [Revised text, page 13] The Program v;ill define reelamation standards for the protection and restoration of wildlife habitat. Reclamation standards for mineral extraction activities shall be as required by the 1986 State of Florida Resource Extraction Reelamation Act, and as referenced in Section 22- 112, of the Collier County Code of Laws and Ordinances, as amended. Objective 5.3: [Revised text, page 13] The Collier County Engineering Services Department shall periodically On biennial basis, beginning in October, 1998, review and refine estimates of assess the types.. at1:tl quantities and location of existing minable mineral resources in Collier County, based in information collected dMring previoMs bienni1:lm. Policy 5.3.1: [Revised text, page 13] The Collier County Engineering Services Department shall Wwork with the Florida Department of Environmental Protection.. at1:tl the Florida Geological Survey and local mining industry officials to inventory and evaluato assess the existing mineral reserves in Collier County. The inventory and assessment will incorporate use of a GIS-based database of all areas within the County that are permitted, either by right. or through a Words underlined are added; words struok through are deleted. 14 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 conditional use permit, to conduct mineral extraction operations as well as the volume of fill that is permitted to be removed for each such active mineral extraction operation. 21 .. ~t.,} Objective 5.4: [No change to text, page 14] Policy 5.4.1: [No change to text, page 14] GOAL 6 [No change to text, page IS] Objective 6.1: [Revised text, page IS] The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study L'\rea, for which policies are required to be adopted by November 1, ~ that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay. Policy 6.1.1: [Revised text, pages IS - 19] For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual lots or parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Obiective 2.1 of this Element. The standards and criteria provided for in this policy may change for the area go':erned by the Golden Gate L'\rea Master Plan, 'Nhich is cmrently under restMdy, by Plan amendment. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having B-25% or Jes.s. more canopy coverage or highest existing vegetative strata of melaleuca or other invasive exotic native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases Words underlined are added; words ctruok through are deleted. 15 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 the conflicts from other land uses. Criteria for determining the dimensional standards' of the preserve are to be set out in the Land Development Code. 2 ,,} (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All-eOn-site 6f and off-site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement mechanism to prohibit further development, consistent with the requirements of this policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors. as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preseryation preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland Aweas known to be utilized by animal listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this ~lement. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. fe. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless permitted for impact preserved pursuant to Policy 6.2.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62-345, F.A.e. de. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitutc all of the requirement. Upland habitats have the following descending order of priority: -h Any upland habitat that serves as a buffer to a wetland area as identified in Paragraph (4)c. above, 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune aad Strand, Hardwood Hammocks, e. ~. Dry Prairie, Pine F1atwoods, and .L e. All other upland native habitats. d. Exceptions to these priorities are noted in (7) below. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. such as perViOl:lS nature trails or board'llalks are allov.ed within presef'/e areas, as long as any clearing reqMired to facilitate these uses does not impact the minimum required vegetation. Loss of function to the preserve area includes a reduction or a change in vegetation within the preserve and harming any listed species present in the Words underlined are added; words struok through are deleted. 16 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 preserve. More specific standards that implement this policy shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed specIes. b. Receipt of treated stormwater discharge where such use. including conveyance, treatment and discharge structures, does not result in ae:y adverse impacts the naturally occurring, native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Obiective 7. L as determined by criteria set forth in land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter 62-302. F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. 2J (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities, If applicable. a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). State and federal management plans consistent with the requirements of the LDC will be accepted. (7) Until the land development regulations addressed in Policy 6.1.1(11) are developed, ~xceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements can not be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost nature vegetation. (8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement. Words underlined are added; words Etruok through are deleted. 17 Conservation & Coastal Management Element As Adopted by Bec 2-2-07 2J f9-t Preserv~ation areas shall be interconnected within the site and to adjoining off site preservation areas or wildlife corridors. (-W2.) Should the amount of wetland vegetation exceed the mlmmum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (10) Within one year of the effective date of these amendments. the County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type. rarity and quality of the native vegetation on site; b. The presence of conservation lands adioining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed. such as, but not limited to. affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional: and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site. (11) Right of Way acquisitions by any governmental entity for all purposes necessary for roadway construction. including ancillary drainage facilities. and including utilities within the right of way acquisition area, shall be exempt from mitigation requirements. (12) Although the primary intent of this Policy is to retain and protect existing native vegetation, there are situations where the application of the retention requirements Words underlined are added; words struok through are deleted. 18 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. Within one year of the effective date of these amendments, the County shall adopt land development regulations to determine the circumstances for when creation or restoration is allowed and to specify criteria for creation and restoration. 2~/ (13) The County mav grant a deviation to the native vegetation retention requirements of this Policy, except for the Native Vegetation Retention Requirements Table. and provisions in Paragraphs 1. 2. 3, 6, and 7. Within one year of the effective date of these amendments, the County shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing, or may be granted administratively. The County may grant a deviation if: a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy. or b. On or off-site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Policy 6.1.2: [Revised text, pages 17, 18, 19] For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation present, not to exceed 70% of the total site area, shall be preserved. Additionally, for residential development in Section 24, if the dwelling units are not clustered, a minimum of 90% of the slash pine trees present shall be retained. Further restrictions are identified in the North Belle Meade Overlay in the FLUE. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; Words underlined are added; words struck through are deleted. 19 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2' ~ \J d. NRP A Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15- foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having ~ 25% or less more canopy coverage or highest existing vegetative strata of melalMeca or otBer inyasive exotic native plant species. The vegetation retention requirements specified in this policy are calculated on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-story and ground cover, emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3)Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. AH-eOn-site Elf and off-site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement mechanism to prohibit further development, consistent with the requirements of this policy. The type of conservation mechanism. including conservation easements, required for a specific development may vary based on preserve area size, type of development approvaL and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as the preserve areas shall reflect the following criteria in descending order of priority: a. Onsite wetlands shall be preser'led pMrsuant to Policy 6.2.5 of this element; f!lr.-Wetland or upland Af!reas known to be utilized by animal listed species or that serve as corridors for the movement of wildlife shall be preserved and protected Words underlined are added; words ctruok through are deleted. 20 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J in order to facilitate the continued use of the site by listed species or the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. Parcels containing gopher tortoises shall protect the largest, most contiguous gopher tortoise habitat v:ith the greatest number of active burrovls, and provide a connection to off site adjacent gopher tortoise preser/es. b. Xeric Scrub. Dune and Strand. Hardwood Hammocks. C.9.c Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element; e. Upland habitat shall be part of the preseryation requirement 'lIhen wetlands alone do not constitute all of the reqMirement. Upland habitats have the following dcscending ordor of priority: g. -l-. Any upland habitat that serves as a buffer to a wetland area, as identified in (4)c. above. 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hard'Jlood Hammocks, e. -3-. Dry Prairie, Pine Flatwoods, and f.:. ~ All other upland native habitats. (5) The uses allowable within preserve areas are limited to: ~ Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. such as pervious nature trails or board'.nlks are ullo',ved v/ithin prescrye areas, as long as any clearing required to facilitate thesc uses does not impact the minimum required yegetation. Criteria identifying what constitutes a loss of function shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves. providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use. including conveyance, treatment and discharge structures, does not result in adverse impacts on the naturally occurring, native vegetation. to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Obiective 7.1, as determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter, 62-302 F.A.c. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for all preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If Words underlined are added; words struok through are deleted. 21 Conservation & Coastal Management Element As Adopted by BCC 2-2.07 applicable. a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). 2J (7) Off-site preservation shall be allowed to provide flexibility in the project design. a. Within Receiving and Neutral Lands, off-site preservation shall be allowed for up to 50% of the vegetation retention requirement. 1. Off-site preservation areas shall be allowed at a ratio of 1: I if such off-site preservation is located within designated Sending Lands or at a ratio of 1.5: 1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Within non-NRPA Sending Lands, off-site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. 1. Off-site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3: 1. c. Off-site preservation shall not be allowed in NRP A Sending Lands. (8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. (9) On-site preservation areas shall also conform to the Open Space requirements as specified in the Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. (10) Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; (11) Preservation areas shall be interconnected within the site and to adjoining off site preservation areas or wildlife corridors; (R 11 )Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. Policy 6.1.3: [No change to text, page 19] Policy 6.1.4: [Revised text, page 19] Ere-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] Prohibited invasive exotic vegetation shall be removed from all new developments. Words underlined are added; words struok through are deleted. 22 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2,J (1) Applicants Petitioners for site plan or plats shall submit and implement plans for invasive exotic plant removal and long-term control. (2) The petitioners for development permits shall prepare and submit native vegetation Mmaintenance plans.. which shall describe specific techniques to prevent re-invasion of the development site by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation species within the Collier County Land Development Code and will update it such list as necessary. Policy 6.1.5: [No change to text, page 19] Policy 6.1.6: [Revised text, page 19] Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 - The requirements of tffis. Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall include be defined as: those uses for which all required permits were issued prior to June 19, 2002; or.. projects for which a Conditional Utise or Rezone petition has been was approved by the County prior to June 19,2002; or, land use petitions for which a completed application has been was submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with.. or clearly ancillary to.. the existing uses. (No change to second paragraph of above Policy.) Policy 6.1.7: [No change to text, page 20] Policy 6.1.8: [Revised text, page 20] Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as specified in the County's land development regulations, is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. The County's land development regulations shall establish the criteria for determining the type of proposed development requiring an EIS. including the size and nature of the proposed development, the location of the Words underlined are added; words struok through are deleted. 23 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2~} proposed development in relation to existing environmental characteristics, the degree of site alterations, and other pertinent information. L'\n EIS shull be required for: 1. Any site with an ST or ACSC ST overlay, or 'lIithin the boundaries of Sending Lands or NRPL'\s, 2. L'\ll sites seaward of the Coastal High Hazard L'\rea boundary that are 2.5 or more aeres-: 3. }.ll sites landward of the Coastal High Hazard ..'\rca boundary that are ten or more aeres-: 4. L^.ny other de'/elopment or site alteration, which in the opinion of the development ser/ices director, would have substantia-! impact upon environmental quality. The EIS requirement does not apply to a single family or duplex use on a single lot or parcel. The EIS reqMirement may be waived subject to the follo',ving: 1. L^.gricultural uses as defined in 91 5.003(2), inclHding aqMaculture for native speCIes. 2. i'.fter inspection by County staff and filing of a written report, any land or parcel of land has been so altered as to have irreparable dumage to the ecological, drainage, or groMndwater recharge fMnctions; or that the development of the site will improve or correct the existing ecological functions or not require any major alteration of the existing landforms, drainagc, or flora and fauna elements of the property. For the purpose of this policy, major alteration shall mean greater than 10% of the site. 3. Exemptions shall not apply to any parcel ','/ith an ST or L'\CSC ST overlay, or within tho boundaries of Sending Lands or NRPL'\S except for single family homes or as othef\vise allowed by the ST or L'\CSC ST criteria. Policy 6.1.9: [No change to text, page 21] Objective 6.2: [Revised text, page 21] The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands StMdy L'\rea, for which policies are required to be adopted by November 1, 2002. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Obiective 2.1 of this Element. Policy 6.2.1: [No change to text, page 21] Policy 6.2.2: [No change to text, page 21] Policy 6.2.3: [Revised text, page 21, 22, 23] Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. This wetland preservation and Words underlined are added; words struok through are deleted. 24 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J conservation process shall be coordinated with the Watershed Management Plan process. as referenced in Obiective 2.1 of this Element. However, !+he process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large interconnected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the County's Urban boundary, as delineated on the Countywide Future Land Use Map (FLUM), within the Future Land Use Element (FLUE). Many of these wetlands fall within public lands or lands targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRP A or Sending designations within the Rural Fringe Mixed Use District or land/easement acquisition, or innovative landowner incentives. Protection measures for wetlands and wetland systems located within the Eastern Lands portion of the County's Rural and Agricultural LA..ssessment (depicted on the FLUM) ',vill be adopted prior to November 1, 2002 northeastern portion of Collier County, excluding the community of Immokalee, are contained in the Rural Lands Stewardship Area Overlay (RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection measures for wetlands and wetland systems located Wwithin the Urban and Estates designated areas of the County, the County will rely on shall be based upon the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, tfti.s the permitting agency's mitigation requirements shall be deemed to preserve and protect wetlands and their functions.,... except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems ey through implementation of the following protection and conservation mechanisms: (1) Conservation Designation Best available data indicates that 76% of all wetlands found in Collier County are contained within the bOMndary boundaries of the land designated as Conservation Designation as depicted on the Countywide Future Land Use Map. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non- residential development. These limitations support Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. Words underlined are added; words Gtruok through are deleted. 25 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 (2) Big Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District. as depicted on the Countywide Future Land Use Map.. provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V.) specifies specify that site alterations shall be limited to 10% of the total site. A large percentage The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (Land Usc Designation Scction \'. (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation. Section V.c. These areas identify include high functioning wetland systems in the COMnty and, although portions of the NRP A Overlay include lands within the Conservation Designation, represent un additional approximately 12%+ of the County~ wetlands.. tlHH: which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRP A designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses fef within NRP As are also subject to native vegetation retention and preservation standards of 90%. (Rcference thc J\TRD1 O"c-la)' in tT'tc VbUE) .I.. '.L ... L .,..., r.L . (4) Rural Fringe Mixed Use Mixed Use District Sending Lands Best available data indicates that 16,OOO:t acres of wetlands are contained within designated Sending Lands and that such wetlands constitute constituting approximately 70%+ of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive-based Transfer of Development Rights (TDR) Program that allows land owners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District (and limited Urban) Receiving Lands. A complete description of the TDR Program is contained in the FLUE, Future Land Use Designation Description Section, Agricultural/Rural Designation. Rural Fringe Mixed Use District. Incompatible land uses are also directed away from Sending Lands by restricting through restrictions on allowable uses. (Rcfercncc FLUE Rbl,~<:ll Fringc Mixed Usc District.) Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90%, as required by Policy 6.7.1 of this Element. (Rcfc,,'cncc CCME Policy 6.7.1.) (5) Flowway Stewardship Areas lre-numbered to reflect merger of Ordinance No, 2002-32 and 2002-54] Words underlined are added; words struok through are deleted. I """', rP "'-~~ 26 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J Flowway Stewardship Areas have been designated Wwithin the Rural Lands Stewardship Area Overlay (RLSA), as designated depicted on the Future Land Use Map, and are shown on the Rural Lands Study Area Natural Resource Index Map Series. Flowway Stewardship Areas (FSAs) are primarily for the most part privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the primary principal wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs 9y through the creation and transfer of Stewardship Credits,-,- It also contains provisions that eliminate elimination of incompatible uses from the FSAs and, which establish establishment of protection measures. (6) Watershed Management Plans Collier County will establish watershed management plans throughout the County. but with particular emphasis on the Urban and Estates designated areas. These watershed management plans shall be established in accordance with Obiective 2.1 of this Element and will include the preservation or, where feasible, creation of landscape-scale wetland conservation areas to act as habitat, natural water quality treatment and water quantity retention/detention areas. The County shall direct incompatible land uses away from such large-scale wetlands. Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area and wetlands that are part of an established watershed management plan, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRP A Oeverlays, and Rural Fringe Sending Lands. On a project-specific basis, wetlands and wetland functions shall be protected through the following mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting; (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 6.2; (4) Clustering provisions specified in the Rural Fringe Mixed Use District of the FLUE (Reference FLUE Rblral Fringc Mixed Use District.). (5) The protection of wetlands that are part of an established watershed management plan, as per Obiective 2.1 of this Element. (6) Land or easement acquisition. (7) Land owner incentives, such as transferable development rights. tax relief. or USDA grants for restoration. Policy 6.2.4: [Revised text, page 23] Words underlined are added; words ctruok through are deleted. 27 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency-=-.. except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: ( 1) Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area-=-, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. (2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of single-family residences.. which are not part of an approved development or are not platted, unless the residences are within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to the issuance of a final local development order permitting site improvements. (3) Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public or private conservation entity such as CRE\V lands; ~ or priyate mitigation banks; wetlands that are part of an approved watershed management plan. as per Objective 2.1 of this Element; and other areas appropriate for mitigation, such as flow ways and areas containing habitat for plant or animal listed species. (4) Within the Immokalee Urban Designated Area, there may exists high quality wetland system~ connected to the Lake Trafford/Camp Keais Strand system. These wetlands require greater protection measures than wetlands located in other portions of the Urban Designated Area, and therefore the wetland protection standards set forth in Policy 6.2.5 shall apply in this area. L^1S part of the County's Evaluation and .^1ppraisal Report (E^1R), the County shall identify this area and map its boundaries on the Future Land Use Map. This area is generally identified as the area designated as Wetlands Connected To Lake Trafford/Camp Keais Strand System on the Immokalee Future Land Use Map and is located in the southwest Immokalee Urban designated area, connected to the Lake Trafford/Camp Keais System. Within one (1) year of the effective date of these amendments, the County shall adopt land development regulations to determine the process and specific circumstances when the provisions of Policy 6.2.5 will mmlY:. Policy 6.2.5: [Revised text, page 23] (Note: This revision applies only to the first paragraph of the subject policy.) Words underlined are added; words struck through are deleted. 28 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 Within the Rural Fringe Mixed Use District. and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the Immokalee Urban Designated Area. Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment described below in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: 2J Policy 6.2.6: [Revised text, page 25] [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] Within the Urban Designation and the Rural Fringe Mixed Use District, frequiredf wetland preservation areas, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. Policy 6.2.7: [Revised text, pages 25, 26] Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency-:-, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: (1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction unless the proposed residence is within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Obiective 2.1 of this Element, in which case the appropriate iurisdictional permit is required prior to the issuance of a building permit. The County shall also notify the applicable federal and state agencies of single-family building permits applications in these areas. (3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County shall incorporate certain preserved and/or created wetlands and associated uplands Words underlined are added; words struok through are deleted. 29 Conservation & Coastal Management Element As Adopted by BCC 2-2.07 into the County's approved watershed management plans, as per Objective 2.1 of this Element. The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single-family building permits within or adjacent to such wetlands. subject to appropriate mitigation requirements, which preserve the functionality of the wetland within the applicable watershed management plan. For a proposed residence which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, the appropriate jurisdictional permit is required prior to the issuance of a building permit. 2J (4)- \Vithin one (I) year of the adoption of these amendments, Collier County shall continue to work with federal and state agencies to identify properties that have a high probubilities probability of wetlands and ef animal listed species occurrence. The identification process will be based on Hhydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if it the process is sufficiently accurate to require federal and state wetland approvals prior to issuing the issuance of a building permit within these areas. The County shall use this information on wetland and/or listed species occurrence to inform property owners of the potential existence of wetlands and/or listed species on their property. (5) Within one year after Watershed Management Plans are accepted by the Board of County Commissioners, Collier County shall develop and implement additional means to protect wetland systems identified in each Plan for preservation or restoration. Means to consider include innovative landowner incentives. transferable development rights. tax relief. land or easement acquisition. state and federal grants, and enhanced regulations. Policy 6.2.8: [No change to text, page 26] Policy 6.2.9: [No change to text, page 26] OBJECTIVE 6.3: [No change to text, page 26] Policy 6.3.1: [No change to text, page 26] Policy 6.3.2: [No change to text, page 26] Policy 6.3.3: [No change to text, page 26] OBJECTIVE 6.4: [No change to text, page 26] Policy 6.4.1: [No change to text, page 26] Policy 6.4.2: [Revised text, page 26] Words underlined are added; words struck through are deleted. 30 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J Collier County shall ~ontinue to meet coordinate with the appropriate adjacent Ceounties at a specified frequency to discuss upcoming when reviewing proposed land development projects that would have an impact on ecological communities in beth one or more of the adjacent Counties. Policy 6.4.3: [Revised text, page 27] The County shall assist to aSSl:lre compliance '.vith all State and Federal Regulations pertaining to endangered aRd rare species living in such "shared" ecological systems. Collier County shall continue to coordinate with adjacent governmental jurisdictions when making management decisions regarding ecological communities shared by Collier County and one or more adiacent jurisdictions. OBJECTIVE 6.5: [No change to text, page 27] Policy 6.5.1: [No change to text, page 27] Policy 6.5.2: [No change to text, pages 27, 28] Policy 6.5.3: [No change to text, page 28] GOAL 7 [No change to text, page 29] OBJECTIVE 7.1: [Revised text, page 29] The County shall direct incompatible land uses away from listed animal species and their habitats. Thesc policies shall apply to all of Collier County except for the Eastern Lands Study Area, for v/hich policies are reqMired to be adopted by Noyember I, 2002. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered. threatened. or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.c. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Policy 7.1.1: [No change to text, pages 29, 30] Policy 7.1.2: [No change to text, pages 30, 31, 32] Policy 7.1.3: [No change to text, page 32] Policy 7.1.4: [No change to text, page 32] Policy 7.1.5: [No change to text, page 32] Words underlined are added; words struok through are deleted. 31 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J Policv 7.1.6: [New text, page 32] The County shall evaluate the need for the protection of listed plants and within one (1) year of the effective date of this amendment adopt land development regulations addressing the protection of listed plants. OBJECTIVE 7.2: [No change to text, page 32] Policy 7.2.1: [No change to text, page 32] Policy 7.2.2: [No change to text, page 32] Policy 7.2.3: [No change to text, page 32] OBJECTIVE 7.3: [Revised text, page 32] Analysis of Hhistorical data from 1996-1999 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 5% of the hatchlings from all ffiffil nests in the County. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. Policy 7.3.1: [No change to text, page 33] Policy 7.3.2: [No change to text, page 33] Policy 7.3.3: [No change to text, page 33] OBJECTIVE 7.4: [No change to text, page 33] Policy 7.4.1: [No change to text, page 33] Policy 7.4.2: [No change to text, page 33] GOAL 8 [No change to text, page 34] OBJECTIVE 8.1: [No change to text, page 34] Policy 8.1.1: [No change to text, page 34] Policy 8.1.2: [Revised text, page 34] The fire departments and the County will receive complaints concerning air pollution problems and refer tflem such complaints to the Florida Department of Environmental Words underlined are added; words Gtruok through are deleted. 32 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J Regl:llation Protection, the Florida Division of Forestry, or the local fire departments as appropriate. Poliey 8.1.3: [Deleted text, page 34] The local fire departments, Florida Department of Environmental Protection, and the Florida Di':ision of Forestry v:ill investigate and act on complaints that are called in or referred to them. Policy 8rl-A 8.1.3: [Renumbered, revised text, page 34] L'\utomobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking ';ehicles and either v:arR or ticket the operator for the offense, and by the policy of the COMnty to require bike paths or sidev:alks on new subdi'lisions and major County roadways and improvements. Collier County shall act to reduce air pollution from automobile emISSIOns through continuation of the following procedures: 1. The Collier County Sheriff's Office will continue to enforce vehicle exhaust emissions standards. 2. As part of its development review process, Collier County will require the construction of sidewalks, bicycle lanes or bicycle paths in all new subdivisions. 3. The County will construct sidewalks, bicycle lanes or bicycle paths in conjunction with County-funded transportation improvements. Policy &l.S 8.1.4: [Renumbered, revised text, page 34] By January 1, 2000, the Collier County shall in':estigate the need for u more continue to develop and maintain a comprehensive leeal county-wide air quality monitoring program. GOAL 9 [No change to text, page 35] OBJECTIVE 9.1: [No change to text, page 35] Policy 9.1.1: [Revised text, page 35] The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Federal Title III, the Superfund Amendments and Reauthorization Act (SARA). Policy 9.1.2: [Revised text, page 35] The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially for the ~ Cities of Naples, Marco Island and Everglades City) including the responsibilities and duties of each agency. Words underlined are added; words otruol< through are deleted. 33 Conservation & Coastal Management Element As Adopted by BCC 2-2.07 2J Policy 9.1.3: [No change to text, page 35] Policy 9.1.4: [No change to text, page 35] Policy 9.1.5: [No change to text, page 35] Policy 9.1.6: [No change to text, page 35] Policy 9.1.7: [No change to text, page 35] OBJECTIVE 9.2: [N 0 change to text, page 35] Policy 9.2.1: [No change to text, page 35] Policy 9.2.2: [No change to text, page 36] Policy 9.2.3: [New text, page 36] The Collier County Pollution Control and Prevention Department shall work with the Florida Department of Environmental Protection (FDEP) to establish a new cooperative agreement between the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federal. state and local hazardous waste management regulations. OBJECTIVE 9.3: [No change to text, page 36] Policy 9.3.1: [No change to text, page 36] OBJECTIVE 9.4: [No change to text, page 36] Policy 9.4.1: [Revised text, page 36] The County shall implement provisions of the contract with the Florida Department of Environmental Protection under the Federal Title III. the Superfund Amendments and Reauthorization Act (SARA) provisions in order to avoid any duplication of effort. Policy 9.4.2: [No change to text, page 36] Policy 9.4.3: [Revised text, page 36] Unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62761, F'L'\'C" as it existed on L'\Ugust 31,1999. All storage tank systems in Collier County shall adhere to the provisions of Section 62- 761 or 62-762, Florida Administrative Code (F.A.C.) as applicable. Unless otherwise Words underlined are added; words struok through are deleted. 34 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J provided for within Section 62-761, F.A.c., individual storage tank systems shall adhere to the provisions of Section 62-761, F.A.C., in effect at the time of approval of the storage tank system. OBJECTIVE 9.5 aRd Poliey 9.5.1 [deleted] [Deleted text, page 36] GOAL 10 [No change to text, page 37] OBJECTIVE 10.1: [No change to text, page 37] Policy 10.1.1: [Revised text, page 37] Priorities for water-dependent and water-related uses shall be: a. Public recreational facilities over private recreational facilities: ab. Public Boat Ramps; ~. Marinas 1. Ceommercial (public) marinas over private marinas; 2. Dry over wet storage; eQ. Commercial fishing facilities; ~. Other non-polluting water-dependent industries or uti1ities7~ f. Marine supply/repair facilities; g. Residential development. Policy 10.1.2: [No change to text, page 37] Poliey 10.1.3: [Deleted text, page 37] Priorities for water related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy IQd..A 10.1.3: [Renumbered, revised text, page 37] In order to minimize the destruction or disturbance of native vegetative communities, +!he following priority ranking of shoreline development and the resultant destruction or disturbance of native vegetatiye communities for '.vater dependent/water relatod land uses shall apply: Words underlined are added; words struok through are deleted. 35 Conservation & Coastal Management Element As Adopted by BCC 2.2.07 2J a. areas presently developed,.;. b. disturbed uplands,.;. c. disturbed freshwater wetlands,,;, d. disturbed marine wetlands,,;, e. viable, unaltered uplands,.;. f. viable, unaltered freshwater wetlands,,;, g. viable, unaltered marine wetlands. Peliey 10.1.S: [Deleted text, page 37] In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat Ul'lless other protective measl:lres are provided. (Reference Policy 7.2.3.) Policy ~ 10.1.4: [Renumbered text, page 38] Policy ~ 10.1.5: [Renumbered, revised text, page 38] Marinas and all other water-dependent and water-related uses shall conform to ethef all applicable policies regulations regarding development in marine wetlands. Marinas and water-dependent/water-related uses that propose to destroy wetlands shall provide for use by the general public use. Policy l4M-.8 10.1.6: [Renumbered, revised text, page 38] All new marinas, water-dependent and water-related uses that propose to destroy viable... naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to demonstrate the public benefit economic need and financial feasibility fef of the proposed 5t:leh development. Policy t4M.910.1.7: [Renumbered, revised text, page 38] Obiective 10.1 and its accompanying +ftese policies and the LDC shall serve as criteria for the review of proposed development within the "Special Treatment" ("ST"} Zoning Overlay District. designated lands. OBJECTIVE 10.2: [No change to text, page 38] Policy 10.2.1: [No change to text, page 38] Policy 10.2.2: [No change to text, page 38] Policy 10.2.3: [Revised text, page 39] .\ credit towards any deyeloped recreation and open space impact fee shall be given for developments, which proyide public access facilities. Words underlined are added; words struok through are deleted. 36 Conservation & Coastal Management Element As Adopted by BCC 2.2.07 2J Developments that provide public access to beaches, shores and/or waterways may be eligible for credit toward any recreation and open space impact fee adopted by the Collier County Board of County Commissioners. Policy 10.2.4: [No change to text, page 39] Policy 10.2.5: [No change to text, page 39] Policy 10.2.6: [No change to text, page 39] OBJECTIVE 10.3: [No change to text, page 39] Policy 10.3.1: [No change to text, page 39] Policy 10.3.2: [No change to text, page 39] Policy 10.3.3: [No change to text, page 39] Policy 10.3.4: [Revised text, page 39] Public expenditure shall be limited to property acquisition and for pl:lblic safety, education, restoration, exotic remoyal, recreation and research facilities that v,ill not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Public expenditures within Collier County's undeveloped coastal barrier system shall be limited to acquisition for purposes of public safety. education, restoration, and removal of exotic vegetation, recreational use, and/or research facilities. Such uses will be allowed only if the establishment of such use would not substantially alter the natural characteristics and natural functions of the undeveloped coastal barrier system. Policy 10.3.5: [No change to text, page 39] Policy 10.3.6: [Revised text, page 39] Prohibit construction of structures seaward of the Coastal Construction Control Setback Line on undeveloped coastal barriers. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7: [No change to text, page 40] Policy 10.3.8: [Revised text, page 40] Words underlined are added; words struok through are deleted. 37 Conservation & Coastal Management Element As Adopted by BCC 2.2.07 Development density on undeveloped coastal barrier systems shall not exceed the lowes2 J density provided in the Future Land Use Element. one (1) dwelling unit per five (5) acres or as already allowed for established legal nonconforming parcels or lots of record. Policy 10.3.9: [No change to text, page 40] Policy 10.3.10: [No change to text, page 40] Policy 10.3.11: [No change to text, page 40] Policy 10.3.12: [Revised text, page 40] Reql:lire Encourage the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments- or redevelopment:s. proposed to take place within areas identified as Coastal Barrier system... with the exception of one single family dwelling unit on a single parcel. Polie)' 10.3.13 [Deleted text, page 40] These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14 10.3.13: [Renumbered, revised text, page 40] Substantial alteration of the natural grade on undeveloped coastal barriers... by through filling or excavation shall be prohibited except as part of an approved dune and/or beach restoration program, or as part of a DER approved \.vaste\'/ater treatment system or as part of an approved public development plan for one or more of the uses allowed by Policy 10.3.4, above. Policy 10.3.1S 10.3.14: [Renumbered text, page 40] Policv 10.3.15: [New text, page 40] All new development proposed on undeveloped coastal barrier systems shall be reviewed through the County's existing "Special Treatment" ("ST") zoning overlay district. Obiective 10.3 and its accompanying policies shall serve as criteria for such review. OBJECTIVE 10.4: [No change to text, page 40] Policy 10.4.1: [N 0 change to text, page 41] Policy 10.4.2: [No change to text, page 41] Policy 10.4.3: [Revised text, page 41] Words underlined are added; words struok through are deleted. 38 Conservation & Coastal Management Element As Adopted by BCC 2.2.07 2 Collier County shall P12rohibit activities... which would result in man:induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific/coastal engineering literature/studies that have established benchmarks for natural rates of beach eroSIOn. Policy 10.4.4: [No change to text, page 41] Policy 10.4.5: [No change to text, page 41] Policy 10.4.6: [No change to text, page 41] Policy 10.4.7: [Revised text, page 41] Collier County shall P12rohibit construction seaward of the Coastal Construction Control Setback Line except where the same such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985... ef where s-aid such prohibition would result in no reasonable economic utilization of the property in questions-, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall bc minimized on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. Policy 10.4.8: [Revised text, page 41] Collier County shall allow Gfonstruction seaward of the Coastal Construction Control Setback Line will be allowed for public access and protection and activities related to restoration of beach resources. Such Gfonstruction sea'Nard of the Coastal COflstfl:lction Control Lifle-,-shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and... where appropriate... will restore the historical dunes f:ffitl ',vill vegetate with native vegetation. Policy 10.4.9: [Revised text, page 41] Collier County shall prohibit g.~eawall construction on properties fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship instances where erosion poses an imminent threat to existing buildings. Policy 10.4.10: [Revised text, page 41] The County shall prohibit :VYehicle~ traffic or traffic on the beaches and primary dunes shall be prohibited except for the following: 1:. Emergency vehicles responding to incidents. 2. Vehicles associated with afld appro'led environmental maintenance, environmental monitoring, or conservation purposes-,- Words underlined are added; words struok through are deleted. 39 Conservation & Coastal Management Element As Adopted by BCC 2.2.07 .1. Vehicles limited to set-up and removal of equipment of permitted events, in coni unction with permanent concession facilities, or permitted uses of commercial hotels. 4. Beach raking or beach cleaning. 5. Vehicles needed for beach nourishment or inlet maintenance 6. Vehicles necessary for construction that cannot otherwise access a site from an upland area. 2' ".IJ u,J . \')! The County shall enforce this requirement with the eXlstmg Vehicle on the Beach Ordinance. Vehicles shall be operated in a manner that does not negatively impact the beach or dune environment. Additional protective regulations shall apply during sea turtle nesting season. Policy 10.4.11: [No change to text, page 42] Policy 10.4.12: [Revised text, page 42] In permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, riprap. b. Where appropriate, repaired structures will be redesigned and/or relocated landward to align with adiacent structures. Policy 10.4.13: [No change to text, page 42] OBJECTIVE 10.5: [No change to text, page 42] Policy 10.5.1: [No change to text, page 42] Policy 10.5.2: [No change to text, page 42] Policy 10.5.3: [No change to text, page 42] Policy 10.5.4: [Revised text, page 42] Prohibit construction of any structure seaward of the Coastal Construction Setback Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: [Revised text, page 42] The County shall 12Prohibit motorize vehicles on the beaches and dunes except for emergency, environmental monitoring and environmental maintenance purposes. +he Words underlined are added; words struok through are deleted. 40 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2. I V County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.5.6: [No change to text, page 42] Policy 10.5.7: [No change to text, page 42] Policy 10.5.8: [N 0 change to text, page 43] Policy 10.5.9: [Revised text, page 43] Prohibit construction seaward of the Coastal Construction Control Setback Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.5.10: [No change to text, page 43] Policy 10.5.11: [Revised text, page 43] The County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Setback Line. Policy 10.5.12: [No change to text, page 43] OBJECTIVE 10.6: [No change to text, page 43] Policy 10.6.1: [Revised text, page 43] In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5, development within the County's coastal zone shall also meet the following criteria: 1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres; a. Wiggins Pass Unit FL-65P, b. Clam Pass Unit FL-64P, c. Keywaydin Island Unit P-16, d. Tigertail Unit FL 63 P, eg. Cape Romano Unit P-15. Words underlined are added; words struck through are deleted. 41 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed pristine habitats (Reference Policy 10.1.4). 2J 3. Beachfront developments shall restore dune vegetation. 4. Projects on coastal barriers shall be landscaped with native Southern Floridian specIes. 5. Boathouses, boat shelters and dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds except where a continuous bed of seagrass exists off of the shore of the property, in which case facility heights shall be at least 3.5 feet NGVD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. 6. The requirements of this policy identify the guidelines and performance standards for undeveloped coastal barriers and estuarine areas that are contained within the County's coastal barrier and estuarine area Natural Resource Protection Area (NRP A - reference CCME Policy 1.3.1). These guidelines and standards therefore satisfy the requirements of CCME Policy 1.3.1. P'8lie)' 10.~.2: [Deleted text, page 44] The requireffieflts of Policy 10.6.1 identifies the guidelines and performance standards for the I:lndeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine NRP}~ (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. Policy ~ 10.6.2: [Renumbered text, page 44] Policy 10.6.3: [No change to text, page 44] GOAL 11 [No change to text, page 45] OBJECTIVE 11.1: [No change to text, page 45] Policy 11.1.1: [No change to text, page 45] Policy 11.1.2: [No change to text, page 45] Policy 11.1.3: [No change to text, page 45] GOAL 12 [No change to text, page 46] OBJECTIVE 12.1: [Revised text, page 46] Words underlined are added; words struok through are deleted. 42 Conservation & Coastal Management Element As Adopted by BCC 2.2.07 2J The County will maintain +994; hurricane evacuation clearance times as required by state law. for a Category 3 storm at a maximum of 28 hours as defined by the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999 to 27.2 hours. Activities v,ill include on site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lo-.ver densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planaing Council Hurricane Eyacuation Study Update. An evacuation clearance time shall be defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e., winds equal to or greater than 39 mph. To further these obiectives, for future mobile home developments located outside of the storm surge zone, such development shall include on-site sheltering or retro-fitting of an adiacent facility. The Collier County Emergency Management Department shall seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. Policy 12.1.1: [Revised text, page 46] .^~ comprehtmsive awareness program ';,ill be developed and publicized prior to may 30ffi of each year. Evacuation zones and routings shall be printed in each local nev/spaper. This information shall be made readily available to all hotel/motel guests. Collier County will develop and maintain A~ comprehensive public awareness program will be developed and-,- The program will be publicized prior to May 30th of each year. Evacuation zones, public shelters and routings evacuation routes shall be printed in each local newspaper. displayed on the Collier County Emergency Management web site, and the availability of this information will be discussed on local television newscasts. This information shall also be made readily available to all hotel/motel guests. Policy 12.1.2: [No change to text, page 46] Policy 12.1.3: [Revised text, page 46] The County shall continue to identify and maintain shelter space that complies ':lith Red Cross staRdards for 15,000 32,000 persons by -l-99& 2006 and 60,000 45,000 by wm. 2010. Shelter space capacity will be determined at the rate of 20 square feet per person. Policy 12.1.4: [Revised text, page 46] The County shall continue to maintain hurricane shelter requirements and standards fef hurricane shelters for all new mobile home parks and mobile home subdivisions, or existing mobile home parks and mobile home subdivisions in the process of expanding... which are accommodate or contain 26 units or larger in size more. Such mobile home parks or mobile home subdivisions shall be required to provide emergency shelter space on-site... or to provide funding to enhance one or more existing public shelters off-site. The BQuilding. which provides the on-site shelter space (if this option is chosen), will be Words underlined are added; words struok through are deleted. 43 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J of such a size as to fle.H.se provide shelter to park or subdivision residents at the rate of 20 ~ square it feet per resident person. For the purposes of this policy, Resident size will be estimated by averaging park population during the June November time frame. the size of the on-site shelter structure shall be determined by estimating the park or subdivision population during the June-November time frame, based upon methodologies utilized by the Collier County Emergency Management Department. On site shelt.crs shall be ele'/ated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the curreflt National Oceanic and ;\tmospheric .\dministration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the '.vifld loads applied to buildings and structures dcsignated as "essential facilities" in the latest Standard Bl:lilding Code, Table 1205. Shcltcrs shall be constructed with adequate emergency electrical pm'ler and potable ':later supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first aid equipment. .'\ telephone and battery operated telephone is also required within the shelter. Policv 12.1.5: [New text, page 46] On-site shelters within mobile home parks or mobile home subdivisions shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level. based upon the most current National Oceanic and Atmospheric Administration's storm surge model. known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and structures designated as "essential facilities" in the latest Florida Building Code, shall guide the design and construction of the required shelters. Shelters shall be constructed with emergency electrical power and potable water supplies: shall provide glass protection by shutters or other approved material/device: and shall provide for ventilation, sanitary facilities and first aid equipment. A telephone, automatic external defibrillator (AED) and battery-operated radio are also required within the shelter. Policy ~ 12.1.6: [Renumbered, revised text, page 46] The Ddirectors of the Transportation Planning and Emergency Management Departments will review, at least annually, evacuation route road improvement needs to fts-Si::lfe ensure that necessary improvements are incorporated reflected within the Capital Improvement and Traffic CirculatioR Element projects, as indicated in Table I of the .\ppendix Table A, the Five- Year Schedule of Capital Improvements, as contained within the Capital Improvement Element of this Growth Management Plan. Policy ~ 12.1.7: [Renumbered, revised text, page 47] The County shall update the hurricane evacuation portion of the Collier County Peacetime Emergency Comprehensive Emergency Management Plan prior to June 1 st of each year by integrating all appropriate regional and State emergency plans in the identification of emergency evacuation routes. Words underlined are added; words struck through are deleted. 44 Conservation & Coastal Management Element As Adopted by BCC 2-2.07 2,-J ~~~III Policy ~ 12.1.8: [Renumbered text, page 47] Policy 12.1.8 12.1.9: [Renumbered, revised text, page 47] Collier County shall annually update its approved Hazard Mitigation Plan, formerly known as the "Local Hazard Mitigation Strategy" through the identification of new or ongoing local hazard mitigation proiects and appropriate funding sources for such proiects. Policy Hd.J) 12.1.10: [Renumbered, revised text, page 47] Construct Aall new Public Safety facilities in Collier County will te be floodproofed flood-resistant and designed to meet +6Q 155 mph wind load requirements and shall have provisions for back-up generator power. Policy 12.1.10 12.1.11: [Renumbered, revised text, page 47] The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area are te--l3e designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (-1-9911999), Section 5.4(15). Policy 12.1.1112.1.12: [Renumbered, revised text, page 47] The County will continue to work with the Board of Regents, of the State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area are te--be designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (-1-9911999), Section 5.1(15) and the Florida Building Code. Policy 12.1.12 12.1.13: [Renumbered, revised text, page 47] The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants, Hazard Mitigation and & Pre-disaster Mitigation Grant Programs funding, and from funds identified in the State's annual g.~helter 9deficit g.~tudies. Policy 12.1.14: [New text, page 47] Prior to adoption of the 2007 Annual Update and Inventory Report (A.U.I.R.), Collier County shall evaluate whether to include hurricane shelters in the 5-year schedule of Capital Improvements. Policy 12.1.13 12.1.15: [Renumbered, revised text, page 47] Words underlined are added; words struok through are deleted. 45 Conservation & Coastal Management Element As Adopted by BCC 2.2.07 2~ \oJ All new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities," 1999). Additionally this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 48 hours. Policy 12.1.14 12.1.16: [Renumbered, revised text, page 47] The COl:lnty will consider establishing one ':lay eyacuatiofl rOl:ltes on COl:lnty maintained roads for storm events that have the potential for inundating lo',v lying populated areas. The County will coordinate with the Florida Department of Transportation FDOT ffi cOflsider on its plans to one-wayiftg evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. Policy 12.1.17 [New Text, pages 47] Collier County is conducting a Hurricane Evacuation Study. If warranted by the results of that study. further restriction on development may be proposed. OBJECTIVE 12.2: [Revised text, pages 47, 48] The CO\:lRty shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair publicly owned seawalls, docking and parking areas. ,^Jl future unimproved requests for development in the coastal high hazard areas will be denied. The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life. property, and re-building cost from the affects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: a. Construction above the flood plain: b. maintaining a protective zone for wildfire mitigation: c. installation of on-site permanent generators or temporary 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. emergency road repairs: f. repair and/or replacement of publicly owned docking facilities, parking areas. and sea walls, etc. Policy 12.2.1: [Revised text, page 48] Words underlined are added; words struok through are deleted. 46 Conservation & Coastal Management Element As Adopted by BCC , 2.2.07 21 t ~) The Hazard Mitigation section ;\nnex of the Collier County peacetime Comprehensive Emergency Management Plan ~ (CEMP) shall continue to be reviewed and updated every three (3) four (4) years beginning in +9&& 2005. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. This periodic update of the CEMP shall include a review and update (as may be necessary) of the County's hurricane evacuation and sheltering procedures. Policy 12.2.2: [Revised text, page 48] Within the coastal high hazard area, !+he calculated needs for public facilities~ represented in the Annual Update and Inventory Report (A.U.I.R.) and Five-Year Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth allowed by the projections '.vithin the coastal high hazard area. The Future Land Use Element-,- limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dv:elling units per gross acre. within the coastal high hazard area. In addition, existing zoning not vested shall be re evaluated within three years and may change to a density h~'/el consistent '/lith the Fl:ltl:lre Land Use Element. Policy 12.2.3: [No change to text, page 48] Policy 12.2.4: [Revised text, page 48] The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Florida Standard Building Code. Policy 12.2.5: [Revised text, page 48] The County shall consider the Ceoastal Hhigh Hhazard Aarea as that a geographical area lying within the Category 1 storm surge eyacuation zone as presently defined in the 200 I Southwest Florida Regional Planning Council~ Hurricane Evacuation Study... Update or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency Management Department and approved by the Board of County Commissioners. Policy 12.2.6: [No change to text, page 48] Policy 12.2.7: [Revised text, page 48] The County shall continue to assess all unimproved undeveloped property within the coastal high hazard area and make recommendations on appropriate land use. Peliey 12.2.8: [Deleted text, page 48] Public facilities that are dependent on cOl:lnty funding shall not be built in the coastal high hazard area unless the facility is designed for public acccss or for resource restoration. Words underlined are added; words struok through are deleted. 47 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 2J OBJECTIVE 12.3: [No change to text, page 48] Policy 12.3.1: [No change to text, page 48] Policy 12.3.2: [No change to text, pages 48, 49] Policy 12.3.3: [Revised text, page 49] The Recovery Task Force recovery task force shall include local law enforcement authorities the Sheriff of Collier County, the Community Development and Environmental Services Division Administrator, the Comprehensive Planning f:ffitl Director, the Zoning and Land Development Review Director, the Emergency Management Director and other members as directed by the Board of County Commissioners (BCC). The Board BGG should also include Rrepresentatives from municipalities within Collier County that have received receiving damage from the storm should also be to become members of the Rrecovery I~ask Eforce. Policy 12.3.4: [Revised text, page 49] The recovery task force shall review and decide upon emergency bl:lilding permits, coordinate with State and Federal officials to prepare disaster assistance applications, analyze and recomme1'ld to the County Commission hazard mitigation options iflcluding reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. The Collier County Recovery Task Force responsibilities shall be identified in the Code of Laws and Ordinances. Policy 12.3.5: [No change to text, page 49] Policy 12.3.6: [No change to text, page 49] Policy 12.3.7: [Revised text, page 49] The County sftaH. has develop~ f:ffitl adopted and maintains a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, te for the purpose of evaluateing options for damaged public facilities including abandonment (demolition), repair in place, relocations-, and reconstruction with structural modifications. +ffi.s. process shall The process described within the Ordinance consider~ these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 12.3.8: [No change to text, page 49] Words underlined are added; words struck through are deleted. 48 Conservation & Coastal Management Element As Adopted by BCC 2-2-07 OBJECTIVE 12.4: [Revised text, page 49] 2J The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Emergency Management Department shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks. first aid equipment, disaster cots and blankets, and defibrillators. Policy 12.4.1: [No change to text, page 49] Policy 12.4.2: [No change to text, page 50] Policy 12.4.3: [No change to text, page 50] GOAL 13 [No change to text, page 51] OBJECTIVE 13.1: [No change to text, page 51] Policy 13.1.1: [No change to text, page 51] Policy 13.1.2: [No change to text, page 51] Policy 13.1.3: [Revised text, page 51] Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It The regulation fulfills an important need that is not presently adequately met addressed by existing Regional, State, or Federal regulation~. b. The regulation can be effectively and efficiently administered by existing County staff or by an authorized increases to expansion of County staff. c. The cost to the County of implementing the regulation shall have has been identified and considered. EAR-CCME Adopted by BCC G: Comp/EAR Amendment ModificationslBCC Adoption Final cs-bl-ds-jj-dw/2-2-07 Words underlined are added; words ctruok through are deleted. 49 Draft 092006. Figure 1. 2,J i . i _._.._.._.._._......_._..---..-._.._._.._._._.._.._y-_ ____.___.._.___L..___ g g g n r-----' O'=~<llllr I ' '" Vi ,.-: , .... J r=======J ~,~ ,"3! ~-"'''l,,!).~~ . '239 ,,"\ ~ n J' "" r '\."'''''''' " ;., '1 r - ~~ II (I roo, F40/~ F46 'It,. ~:'1'" ,~a 53 L~ ~._.n..-t-.--._.- I ._.-~)4F)5-.-"-."'-"--_._._"--"""';""_"_"_._._.~~ J __-;; 119 ^ -in '12 '158! 00 <y I 8" ~!!j~~l" ~d:..."....,1 -"'>\.. F:9'F3~ f,,11<1'4 59.. ,r ~' ~e A; ~~.r rll," 9ir '1oo'h~:,lO~.1 F2e /1 115 ' ' 5:' 57 ~..1.. ,)J ~ X{)),rO" i~'F154 'F'1'o'nl'IO.'f)lirF~--j, 1 1,15~ ~1. r 56 67 !.o~6_~ - '"-_ ~.lO- "1041' d , \ I--J 4< 179~' 66 il 8788"" J.'~r09:'- \. F4!5 1 -_ - 1~'~'~~ .".,:',B_'~~ \{::O~ '\ 54', 6-3 108 '05 I .._...___J" r:;;..~.p--=~=== ,;61'. ~.. 64'''''' jl ~(J'7\ I ;_L -----r l -\ II l~OL~? 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'lo ~ ".. ~.....:::::-~ .llIto.::::.~~~~ ~'ll:;:':::=::-.:c:t ...~ ~~ ..~ 'lo 'lo Labels shown are Project 10 Numbers\\... Duplicate numbers are not shown .... \. ~ 'lo " \ \ :n ) "'00 I Be" r- N05 ,6, Be., ~DG BAT Project Change-:' -----------------.-------------.------- Be70 Coverage STEP4 as of 20 July 2006 Modified from the shapefile received from Lisa Beever on 7/11/06, after she had added back some old projects. Updated project and group names. Added Sobczak's areas, resolved all polygons and names/numbers according to meeting on 7111/06, Polygons are shaded by group. Some old projects could not yet be assigned to groups, and are shaded in gray, ..."" .,.... ",,'" ...... ....c...... ...... 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-16 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners [Lu.,u ~~ 0,( ~. By: Ann Jennejohn, Deputy Clerk 2J May I, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-IER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3 I 84(1)(b), F.S. The Department is issuing a Notice of Intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice of Intent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2, 2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order ifno timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement ofIntent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May I, 2007 Page Two Please, be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local govemment that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2J 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Govemment Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3 I 89(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MMlbp Enclosure: Notice of Intent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2, ORDINANCE NO. 07---+:+- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan on January 25,2007; and WHEREAS, 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 AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan INTERGOVERNMENTAL COORDINATION ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 2K 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 Amendment to the INTERGOVERNMENTAL COORDINATION 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January. 2007. BOARD OF COUNTY COMMISSIONERS :~:LLlER~~ JAM~COLETTA, CHAIRMAN 41\~AL 011. ~ -&;.~ MARJO E M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 INTERGOVERNMENTAL COORDINATION ELEMENT R~41 ! ; ;Zk~~1- , ~~~ .. "J 2 Intergovemmental Coordination Element As Adopted by BCC 1-30-07 EXHIBIT" A" 2ll I. INTRODUCTION [New Language, page 1] Decisions made, or policies pursued, by Collier County..--Fb may influence decisions made or policies followed by: municipalities within, or adiacent to, Collier County; adiacent counties; the District School Board of Collier County; service delivery agencies: and, the various independent special districts located within, or adiacent to, Collier County. Decisions and policies of these entities may, in turn influence those of Collier County. Throughout its planning process, Collier County pursues coordination with the surrounding iurisdictions and agencies. The Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as amended, requires the inclusion of an element within local government comprehensive plans, that addresses coordination between units of government. This Intergovernmental Coordination Element is in accordance with the provisions of the Act. The Collier County Intergovernmental Coordination Element (ICE) contains a GoaL Objectives and Policies that deal with the following coordination issues: . Intergovernmental communications and level of service coordination . Coordination of land use planning strategies . Coordination of municipal annexation plans . Formal and informal coordination mechanisms The Collier County Intergovernmental Service Delivery Agreement Report, completed in 2004, is an appendix to this Element. This report summarizes Collier County's interlocal agreements with governmental or quasi-governmental entities that provide services to Collier County residents. The Report summarizes service delivery agreements between Collier County and various providers, with regard to eight (8) service categories: 1) Education 2) Sanitary Sewer 3) Public Safety 4) Solid Waste 5) Drainage 6) Potable Water 7) Parks and Recreation, and Words underlined are added; words struok through are deleted. 1 Intergovernmental Coordination Element As Adopted by BCC 1-30-07 8) Transportation Facilities. 2K As of January 2005, there are three (3) municipalities within Collier County. These are: . Everglades City . City of Marco Island . City of Naples Also as of January 2005, Collier County shared borders with the following iurisdictions: . City of Bonita Springs (in Lee County) . Lee County . Hendry County . Broward County . Miami-Dade County . Monroe County In addition to Federal and State agencies, the following governmental entities have Jurisdiction over all. or portions, of Collier County. The District School Board of Collier County Seminole Tribe of Florida Collier County Water-Sewer District Immokalee Water and Sewer District Florida Governmental Utility Authority Port of The Islands Community Improvement District Collier County Sheriff's Office Big Corkscrew Fire and Rescue District East Naples Fire Control and Rescue District Golden Gate Fire and Rescue District Immokalee Fire Control District Isles of Capri Fire and Rescue District North Naples Fire Control District Ochopee Fire Control District South Florida Water Management District/Big Cypress Basin Board Southwest Florida Regional Planning Council Cow Slough Water Control District Collier Soil and Water Conservation District Words underlined are added; words struok through are deleted. 2 Intergovernmental Coordination Element As Adopted by BCC 1.30-07 Naples/Collier County Metropolitan Planning Organization Various Community Development Districts Various Municipal Service Taxing Units (MSTU) Various Municipal Service Benefit Units (MSBU) 2K Goal, Objectives and Policies Intergovernmental Coordination Element GOAL 1: [Renumbered, revised text, page 1] PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROW ARD, MIAMI-DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF BONITA SPRINGS. EVERGLADES, MARCO ISLAND. AND NAPLES, THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY SCHOOL BO.A..RD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERA TIVE, SPRINT/UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE~ DIVISION (MSTU), FLORID.",. W.",.TER SERVICES, FLORID.A.. CITIES Wf..TER COMP.",.NY, FLORIDA GOVERNMENTAL UTILITY AUTHORITY. MEDI.",. ONE COMCAST. AND CABLEVISION INDUSTRIES, THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING,2 TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1.1: [Renumbered, revised text, page 1] By the time mandated for the adoption of land deyelopmcflt regulations pl:lrsl:lant to Chapter 163.3202, F.S., including any amendments thereto, Collier County (County) shall continue to establish and maintain intergovernmental communication and level of service coordination mechanisms to be used by the Collier County, the Cities of Everglades City-,-the City of Marco Island, the City of Naples, and the City of Bonita Springs, adjacent Lee County, Hendry County, Broward County, Dade County, Monroe County, the District School Board of Collier County School Board, the State of Florida, and any other entity that provides a service but may not have land use authority. Policy 1.1.1: [Renumbered, revised text, page 1] Collier County wfH shall continue to utilize existing coordination mechanisms, e.g., interlocal planning agreements, joint meetings and any other mechanism~ described in this ~element... which promotes- consistent planning activities. Words underlined are added; words struok through are deleted. 3 Intergovernmental Coordination Element As Adopted by BCC 1-30-07 Policy t.1.2: [Renumbered, revised text, page 1] 2 K The Collier County Comprehensive Planning Section of the Planning Services Department shall be the designated liaison to disseminate information on proposed Growth Management Plan amendments under review by the County... which have the potential to effeet affect any of the entities listed in Objective -h 1. Policy t.1.3: [Renumbered, revised text, page 1] The Collier County Comprehensive Planning Section of the Planfling Serlices Department shall continue to prepare and review the Annual Update and Inventory Report (AUIR) as an annual level of service monitoring report ef for the capital facilities included within the Growth Management Plan. The purpose of this report is to provide the affected entities with the necessary information in order to evaluate and coordinate level of service standards. Peliey 1.1.4: [Deleted text, page 1] The Collier County Comprehensive Planning Section of the Planning Ser/ices Department shall recommend procedures to be taken if the entity that has maintenance responsibility does not plan for the necessary improvements in a timely manner in order to maintain the County adopted level of service. Policy t.1.~: [Renumbered, revised text, page 2] In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, or solid waste, the County will coordinate its adopted level of service standardw within the parameters allowed by the Concurrency Management System of the Capital Improvement Element as part of the County's Growth Management fui.s Plan. OBJECTIVE t.2: [Renumbered, revised text, page 2] The County shall Gfoordinate Collier COl:lnty's its land use planning strategy, including an assessment of proposed development, with that of other governmental and private entities. Policy t.2.1: [Renumbered, revised text, page 2] Collier County will continue to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between the County and respective governmental or private entities. Policy t.2.2: [Renumbered, revised text, page 2] Collier County shall continue to develop +ftese intergovernmental planning agreements, which shall include provisions for review and commentw on Collier County land use plans and capital facility plans along jurisdictional lifles by neighboring governmental jurisdictions, facility planning for water, sewer, roads, and regarding any proposed activities other public facilities that Words underlined are added; words struok through are deleted. 4 Intergovernmental Coordination Element As Adopted by BCC 2K 1-30-07 may have an impact on other entities such jurisdictions or cause inconsistencies with bet"lleen their respective comprehensive plans. Policy t.2.3: [Renumbered, revised text, page 2] Collier County shall Gfontinue to participate in cooperative planning programs with other governmental entities. Policy t.2.4: [Renumbered, revised text, page 2] ~/here appropriate, mutual planning and management programs for natural resol:lfces shall be I:lndertaken. This shall iflclude lJ\:lt not be limited to a mutual program for the management of Naples Bay with the City of Naples; a mutl:lal program for the management of certain estl:larine arcas that fall under the jl:lfisdiction of more than one local entity; a mutual program for managemeflt of groundwater rcsol:lfces with Lee and Hendry Counties; and a mutl:lal program for delineation and management of 'l,atersheds. Collier County shall continue to undertake, where appropriate and economically feasible, ioint programs with other local governments regarding the planning for, and management of. natural resources that are shared by the County and adiacent governmental iurisdictions. Policy t.2.5: [Renumbered, revised text, page 2] The County shall coordinate its plans, programs, regulations and activities for the provision of affordable housing with those of adjacent governments, particularly with the City of Naples. Policy t.2.6: [Renumbered text, page 2] The County shall continue to coordinate with the Collier County School Board on the site selection for new public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants in accordance with the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15,2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Policy t.2.7: [Renumbered, revised text, page 2] Adopt, and make part of the County's Gro'.vth Management Plan, thc S'NFRPC Disputc Resolution, Rl:lle 291 7, dated April 1991, a voluntary regional dispute process to reconcile differences on planning, growth management, and other issues among local goyemments, regional agencies and private interest. Collier County hereby adopts, as part of this Intergovernmental Coordination Element, the Southwest Florida Regional Planning Council's Rule 291-7, Florida Administrative Code, dated April 1994, which establishes a voluntary regional dispute process to reconcile differences on planning, growth management, and other issues among local governments, regional agencies and private interests. Words underlined are added; words struck through are deleted. 5 Intergovernmental Coordination Element As Adopted by BCC ,2.....1(.. 1 ~c . 1-30-07 Policy 2.8: [New text, page 3] The County shall coordinate with the South Water Management District and other regulatory agencies in implementing the Growth Management Plan. OBJECTIVE !o3: [Renumbered, revised text, page 3] The County shall continue to coordinate annexation plans of all iflcorporated af'0as ifl the County. Collier County shall develop procedures to identify and implement ioint planning areas for the purposes of municipal annexation, municipal incorporation and ioint infrastructure service areas. Policy !o3.1: [Renumbered, revised text, page 3] Collier County will identify any proposed anflexation areas in the Future Land Use Element afld indicate these areas on the Future Land Use Map or map serics. Based upon Section 9J-5.015 (3)(c) 4., Florida Administrative Code, Collier County shall work with the local municipalities to identify and implement ioint planning areas and/or ioint infrastructure service areas for the purpose of planning for potential future municipal annexation of such areas. The identified ioint planning areas and/or ioint infrastructure service areas shall be depicted on the County's Future Land Use Map series. Policy 3.2: [New text, page 3] Collier County shall develop procedures to plan for potential future municipal incorporation (i.e., the creation of new municipalities) within Collier County. Upon official notification that an incorporation referendum for any portion of the County has been successful. the County will initiate contact with the new municipality for the purpose of establishing an expedient and efficient transition of responsibilities, services, and/or infrastructure to the new municipality. OBJECTIVE 1.4: [Deleted text, page 3] By January I, 1999, the County shall complete an evaluation of informal and formal coordination mechanisms bct'.veen the County, other units of local, regional, state, and federal government and any private entity which provides an essential public service that affects Levels of Service and/or lafld I:lse planning in the County. Pelky 1.4.1: [Deleted text, page 3] By January 1, 1998, thc County shall establish the criteria to be used to complete an update of the evaluation of informal and formal coordination mechanisms between the COl:lnty, other units of local, regional, state, and federal government, and private entities which provide an essential public service that affects Levels of Sorvice and/or land use planning in the County. Words underlined are added; words Gtruok through are deleted. 6 Intergovernmental Coordination Element As Adopted by BCC i,2~{ 1-30-07 PeUey 1.4.2: [Deleted text, page 3] By January 1, 1998, the County shall implement procedures and activities that will improve communications between the County and other units of local, regional, state, and federal goyernment, and private entities '.vhich pro'o'ide an essential public sero'ice that affect Level of Scro'ice and/or land use planning. These procedures and activities will be based on data derived from the update of the e'lall:lation of informal and formal coordination mechaflisms. EAR-ICE Adopted by BCC G: Comprehensive/EAR Amendment ModificationslBCC Adoption Final cs-kvl-dw/S-24-06 Words underlined are added; words struok through are deleted. 7 2K STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-17 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ ~O,C'. ., ,- By: Ann Jennejohn, Deputy Clerk 2K May I, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1 ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement ofIntent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2, 2007. The Department~s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement ofIntent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May I, 2007 Page Two Please, be advised that Section 163.31 84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy ofthe agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2K 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MM/bp Enclosure: Notice of Intent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2K STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENT 07-1ER AMENDING FUTURE LAND USE Docket No. 07-ER-NOI-llOI-(A)-(N) ELEMENT MAP AND TEXT, THE CAPITAL IMPROVEMENTS ELEMENT. STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs (Department), pursuant to Rule 9J- 11.0 12( 6), Florida Administrative Code, hereby issues this Statement of Intent to find the Collier County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle Meade and the associated text amendments to the 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 "in compliance" based upon the Objections, Recommendations and Comments Report issued by the Department on July 28, 2006, which is hereby incorporated by reference. The Department finds that the Amendments are not "in compliance" as defined in Section 163.3184(1)(b), Florida Statutes, because they are not consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J-5, Florida Administrative Code, for the following reasons: 1. CONSISTENCY WITH CHAPTER 163 FLORIDA STATUTES, AND RULE 9J-5, FLORIDA ADMINISTRATIVE CODE A. INCONSISTENT PROVISIONS iK I. Ordinance No. 07-18; Future Land Use Element and Map Series Amendment: The inconsistent provisions of the Future Land Use Element and Map series pertain to changes to North Belle Meade Overlay as follows: Natural Resource Protection: The Future Land Use Map as it pertains to Section 24, and the text changes on page 45 of the strike through and underline version of the plan as it pertains to Section 24 are not in compliance because: I. It is internally inconsistent with the provisions ofBl.d, on page 44 of the strikethrough and underline version, pertaining to Red Cockaded W oodperkers (RCW) because the best available data indicate that Section 24 contains RCW habitat and therefore should be designated as Sending Lands consistent with the definition of Sending Lands in the County's comprehensive plan. According to the Comprehensive plan Sending Lands "are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species". 2. The Future Land Use Map as it pertains to the Section 24 is also inconsistent with Rule 9J-5.013(2)(b)4 which requires the County to conserve, appropriately use and protect wildlife habitat. This is because the best available data indicate that RCW habitat is present on Section 24 and as such the property should be designated as Sending Lands. 3. Furthermore, these amendments are 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 comprehensive plan, as well as plan amendments to be based upon relevant and appropriate data and analyses. 2 2K [Chapter 163.3177(6)(a), (d), & (8)., Florida Statutes (F.S.); 9J-5.005(2) and (5), 9J- 5.006(3)(b)4., (3)(c)l., & 6.; 9J-5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida Administrative Code (FAC)]. 2. Ordinance #: 07-07; CapitallInprovements Element Chanl!es: The inconsistent provisions of the Amendment under this subject heading are as follows: I. 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 of roads, revenues will come from gas tax, impact fees, bond, carry forward, grants, developer contribution (i.e., Ave Maria), general fund, and transfers. As a result, it is not possible to determine 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 committed sources of funds for years I through 3, and with committed and or planned sources in the 4th and 5th years. 3. The projected revenues for each ofthe identified sources are not provided; as a result, it is not possible to demonstrate and determine the financial feasibility of the schedule, i.e., to determine 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), 163.3177(6)(a), (c), (8), & (IO)(e), F.S., and 9J-5.005(2)(a), (c), & (e), 9J-5.006(2)(a), 9J-5.011(1)(b), (I)(f), (2)(b)1. & 2., & (2)(c)l., and 9J-5.016(1), (2), (3)(b)l, 3,4,5, (3)(c)6, & 8, and (4), and 9J-5.019(4)(c)1., F .A. C] 3 2K B. Recommended remedial actions: The above inconsistencies may be remedied by taking the following actions: 1. Ordinance No. 07-18; Future Land Use Element and Map Series Amendment: Revise the North 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 with the Sending Lands provisions of the Plan, as well as with amended Section ofthe 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) ofthe revised Future Land Use Element (strikethrough and underline version) and treat the Section 24 Sending Land the same way as other Sending Lands in North Belle Meade. 2. Ordinance No. 07-07: Capital Improvements Element Chanl!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 coming from multiple sources, indicate the percentage ofthe 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 in addition show the percentage that will come from each contributor. For private 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 4 .._---_._._-_._._-_."-_._"-~-~ 2K sources while for the remaining two years it could come from cornmitted and or planned funding sources. You could use abbreviations to denote the funding sources and provide, as a footnote, the meaning of each abbreviation. 3. Provide data and analysis projecting the revenues and expenditures of the County for each of the sources that will be used to fund the capital improvements listed on the schedule and covering the duration of the schedule. The projections should include a brief historical perspective of the County's ability to raise money from each source and based on that provide a projection of funds for the future. The analysis should show that there are sufficient funds, after the expenditures are removed, to pay for the capital improvements listed on the schedule. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The Amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section 187.201, Florida Statutes, including the following provisions: 1. Natural Systems and Recreation Lands Goal (9)(a), Policy(b)l., 3., 4., regarding the protection of wildlife and wildlife habitats, with respect to Ordinance No. 07-18; and 2. Land Use Goal (15)(a), Policy(b)2., regarding the development ofa system of incentives and disincentives which encourages a separation of 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), Policies (b)6, & 9, regarding the provision of public facilities, with respect to Ordinance No. 07-07. B. Recommended remedial action. These inconsistencies may be remedied by revising the Amendment as described earlier in this statement of intent. 5 , 2K i ~, CONCLUSIONS I. The Amendment is not consistent with the State Comprehensive Plan. 2. The Amendment is not consistent with Chapter 9J-5, Florida Administrative Code. 3. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida Statutes. 4. The Amendment is not "in compliance," as defined in Section 163.3184(1)(b) Florida Statutes. 5. In order to bring the Comprehensive Plan amendment into compliance, the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this _ day of May 2007, at Tallahassee, Florida. Mike McDaniel, Chief, Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 6 ,---_.._-_..__.__._-,....,._,-~.,.._,._----- 8. '0 4 ~.Q<r ~ .-11 1;:. o _ .. , . . aa,[3: g, Q~' 0 n 3 <'1l ~ o 3 "'tl _. ~ ~J~ 5 ~ S";r ~ ~'l<l e, "g ~:a' ;;l'(IQ ~ ~ ~ . . o ~ ~ ~~ ; ~ ~-" !!;S~ ~U'l"" " " ~ ::l.W '!l-o!C ::::;;t, a o g s' g ..... Vi" ~e::i3 3 ~~. i3:~; ~~ ~. ~'?J5 :;r:""l'g . ~- ~:.g ~ 0 , . ~ V;' ~ 0 o 3 ~,~ it::1 ~- ~p. . 3 g I!. :e e?: gir '" tj;" ~ ~ ~o '" :::.: o g. f' s ~ag.O"I>>O ~ O~ VI::l...,8' ::l;OO: VI..,......... 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" ., ~ .to: N g .~ z S1 Z n ~ C ~ n !" ~ ~ " 3 . t o ~ g. ~ ~ ~ ~ 2K o ~2; ;ZOO ~~Uz g ~8~~~o . ~n" n'" o~ml11m'"l:l ~ ~i!i~~f;]~i:; zz:;Jzo;;i~ On"~~" z~ 308~:3> >-1>- ':'~ClCl2;Z.;f;]OI ~r-'::r:>-E3~ono z~~ZoE;l'T10'TJ ~~';~~e~~5 ~ ~e~~~~~ ^ o~""~r-'-< X ~~z~~~ 3 ;~8g8~ ~g~~~~ C::'"I:l>o--<: ClOlz" ;;oQ-< ~~ N i 0- ~ 1: ..... --,.. ~ .... ~ ,'.. " ~ C' v; ~ z ~ z 10 C' '" ~ o > p -< ~ " ~ ~ ~ N " ~ i , ~ ~ ~ ~ '" ~ > ~ ~ g . ~ ~ ~ g ~ ~ if 2u i . A.-.. 'I 1 I ORDINANCE NO. 07--llL AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25,2007; and WHEREAS, 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 AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan FUTURE LAND USE ELEMENT FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 I 2,' ~ /"'.,p 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 Amendment to the FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. . '\1(~rIU':-tb Cha j rull , .. - ,~19n.a t'~nt:.6n:!:. APPROV'~b'AST6I=ORM AND LEGAL SUFFICIENCY: ~R(~ ~.l~T~~~-~tf~~~ ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNfY, FL 'ID 'L t:':Ji~ BY: /" C JAMES'COLETTA, CHAIR 2007 FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES ~~-~~,.._."- Item # c;)L f\?,):,da l \ -'~\LJ1- lL, ~ D*' -C) I, I ",-:::1 F<:;;;'d ~~ '.._\~~ L>':P~Jtl CJsrfi. 2 Future Land Use Element As Adopted by BCC 2-2-07 2. of I..... EXHIBIT "A" Goal, Objectives and Policies Future Land Use Element (FLUE) GOAL: [No change to text, page 11] OBJECTIVE 1: [No change to text, page 11] Policy 1.1: [Revised text, page 11] A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict -W9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict ++10. Henderson Creek Mixed-Use Subdistrict -Hll. Research and Technology Park Subdistrict +';12. Buckley Mixed-Use Subdistrict +41l. Commercial Mixed Use Subdistrict H14. Davis Boulevard/County Barn Road Mixed-Use Subdistrict 15. Livingston/Radio Road Commercial Infill Subdistrict 16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict B. URBAN - COMMERCIAL DISTRICT l. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. Li','ingstonlRadio Road Commercial Infill Subdistrict -W2.. Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict 11. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 10. GoodlettelPine Ridge Commercial Infill Subdistrict Words underlined are added; words struok through are deleted. 1 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2 Policy 1.2: [No change to text, page 12] Policy 1.3: [No change to text, page 12] Policy 1.4: [No change to text, page 12] Policy 1.5: [No change to text, page 12] OBJECTIVE 2: [No change to text, page 12] Policy 2.1: [No change to text, page 12] Policy 2.2: [No change to text, page 12] Policy 2.3: [No change to text, page 12.1] Policy 2.4: [Revised text, page 12.1] *** *** *** *** *** *** *** *** *** *** *** *** De'/elopments ',vithin the South U.S. TCEA that obtain an exception from concl:lffency reql:lirements for traflsportation, pursuant to the certification process described in Transportation Element, Policy 5.6, and that include affordable hOl:lsing (as per Section 2.7.7 of the Collier County Land De'lelopment Code, as amended) as part of their plan of developmeflt shall not be subject to the Traffic Congestiofl Density Reduction as contained in the Density Rating System of this Element. Developments within the North'lIest and East Central TCM.\s that meet the requirements of FLUE Policies 6.1 throl:lgh 6.5, and Transportation Policies 5.7 and 5.8, and that iflclude affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plafl of development shall not be subject to the Traffic Congestion Density Reduction, as contained in the Density Rating System of this Element. *** *** *** *** *** *** *** *** *** *** *** *** Policy 2.5: [No change to text, page 12.1] Policv 2.6 [New text] Traffic impacts generated by new development are regulated through the implementation of a 'checkbook' transportation concurrency management system, which incorporates two Transportation Concurrency Management Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA). New developments within the TCMAs and the TCEA that commit to certain identified traffic management strategies shall reduce (the TCMAs) the traffic impact mitigation measures that would otherwise be applied to such developments. Words underlined are added; words ctruok through are deleted. 2 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-0j 2 L OBJECTIVE 3: [Revised text, page 13] Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes (F.S.}, in order to ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: [Revised text, pages 13, 14] Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process-,- f:ffitl These include the following prOVIsIOns: a. The LDC contains Collier County Sl:lbdiyision Code shall provide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. b. The LDC contains provisions that P12rotect environmentally sensitive lands and provide for the retention of open space. This shall be has been accomplished~ through the implementation of various zoning districts and zoning overlays that restrict higher intensity land uses in the Rural Fringe Mixed Use District through yariol:ls Land Use Designations that restrict higher intensity land uses and, which require specific land development standards for the remaining allowable land uses.;. f:ffitl through the adoption of permanent Natural Resource Protection Area (NRP A} Overlays.;. f:ffitl integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code LDC, and... in part... through implementation of the Rural Lands Stewardship Overlay. This 5ftal.l. has also been accomplished through the implementation of regulations such as minimum open space requirements, f:ffitl native vegetation preservation requirements, and/or through the creation of incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Designated Area. c. Drainage and stormwater management practices shall be reg\:llated governed by the implementation of the South Florida Water Management District Surface Water Management regulations. d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. Words underlined are added; words struok through are deleted. 3 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2~ ~l L e. Signage regulations in the LDC Regl:llate signage through the Sign Ordinance, which shall provide for include frontage requirements for signs, require shared signs for smaller properties, contain definitions... and establishment of include an amortization schedule for non-conforming signs. f. The safe and convenient flow of on-site traffic flew, as well as the design of vehicle parking areas needs sHall be are addressed through the site design standards as '.veIl as and site development plan requirements of the LDC, which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, and landscaping and buffering criteria. g. The LDC ~nsure~ the availability of suitable land for utility facilities, and other essential services necessary to support proposed development... by providing fer-a Public Use Zoning District for the location of public facilities and other essential services in the Public Use Zoning District, and in other zoning districts via the Essential Services regulations. h. The LDC provides for the protection of historically significant properties shall be accomplished, in part, through regulations that: provide for the adoptioR of the Historic,'.\rchaeological Preservation Regulations which incll:lde the creation of an Historic/Archaeological Preservation Board; provides- for the identification of mapped areas of Hhistoric/A!,!rchaeological probability; requires completion of a survey and assessment of discovered sites; and... provides- a process for designation of sites, structures, buildings and properties as historically and/or archaeologically significant. 1. The mitigation of incompatible land uses within the area designated as the Naples i\irport Noise Zone Airport Noise Area on the Future Land Use Map shall be accomplished through~ implementation of regulations whieh that require sound- proofing for all new residential structures built within the 65 LDN Contour as idefltified on the Fl:lture Land Use Map; recording of the legal descriptions- of the noise contours- boundary in the property records of the County.;. and... throl:lgh an the inter-local agreement with the Naples Airport Authority that requires ffi the County to notify the Naples .^.irport Authority of all development proposals located within 20,000 feet of the airport whieh that exceed height standards established by the Federal Aviation Administration. J. Collier County shall not N-e issue development orders shall be issued which that are inconsistent with the provisions of this Growth Management Plan. Some projects and properties may be inconsistent with densities and land use intensities established in the Future Land Use Designation Description Section of this Element, but these proiects and properties are have been found to be consistent with this Plaft Element via consistency with one or more of Policies 5.9 through 5.13. Words underlined are added; words struok through are deleted. 4 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2L Policy 3.2: [Revised text, page 14] The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91 102 04-41. as amended). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff into a single organizational unit and through streamlining procedures of the review process. OBJECTIVE 4: [No change to text, page 14] Policy 4.1: [Revised text, page 14] A detailed Master Plan for the Golden Gate Estates Area has been developed and was incorporated into this Growth Management Plan in February 1991. Subsequent maior revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report, and in 2002 and 2004 principally based upon recommendations of the Golden Gate Area Master Plan Restudy Committee. The Golden Gate Area Master Plan encompasses Golden Gate Estates subdivision, Golden Gate City, and the Rural Settlement Area formerly known as North Golden Gate. The Master Plan addresses Nnatural Rresources, Pfuture bland Y!!se, preservation of the Estates' rural character, 'Vater Management, transportation improvements, other P12ublic Pfacilities... and the provision of emergency services other considerations. Policy 4.2: [Revised text, page 15] A detailed Master Plan for the Immokalee Urban designated area has been developed and was incorporated into this Growth Management Plan in February, 1991. Maior revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. The Immokalee Area Master Plan addresses Natural Resources conservation, Pfuture bland Y!!se, population, recreation, transportation Public Facilities, Hhousing, Urbafl Desigfl, and the local economy Land Development Regulations and other considerations. Major purposes of the Master Plan shall be are coordination of land use~ and transportation planning, redevelopment or renewal of blighted areas... and elimination of land uses inconsisteflt v,ith the community's character the promotion of economic development. Policy 4.3: [Revised text, page 15] A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Marco Island Master Plan addressegs- P12opulation, P12ublic Pfacilities, Pfuture bland Y!!se, Y!!rban I)gesign, bland 9Qevelopment Rregulations... and other considerations. However, all lands that were encompassed by the Master Plan are now within the City of Marco Island and are subiect to its comprehensive plan and land development regulations. Accordingly, the Marco Island Master Plan has been deleted from the Collier County Growth Management Plan. Words underlined are added; words struok through are deleted. 5 *** *** *** *** *.. *** *** *** *** *** Indicates break in text *** *** *** *.. *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2l Policy 4.4: [Revised text, page 15] Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. These Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette- Frank Road south of Pine Ridge Road, and for Golden Gate Parkway from US 41 to Santa Barbara Boulevard. The Corridor Management (zoning) Overlay has been adopted into the Land Development Code: it imposes additional development standards and limitations upon properties located along these two road segments. Future Corridor Management Plans may be prepared iointly with the City of Naples as directed by the Board of County Commissioners. The geaIs- obiectives for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport-Pulling Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport-Pulling Road. Policy 4.5: [Revised text, page 15] An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The ~s-tudy includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. Yj3eft Subsequent to completion of the Economic Plaft Element of this Growth Management Plan, adopted in December 2003, staff shall prepare an update to the Industrial Land Use Study a stl:ldy 'lIill be undertaken to identify the need for additional Indl:lstrially designated land within the Coastal Urban ;\rea. Policy 4.6: [Revised text, pages 15, 16] Access Management Plan provlSlons have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map ha','e been developed and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution #0 1- 247, adopted June 26, 2001). Words underlined are added; words struok through are deleted. 6 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2' ~~. . _, k,'""I c. Access points and turning movements shall be located and designed to minimize interference with the operation of existing and planned interchanges and intersections. d. Developers of blots, parcels, and subdivisions, which are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure compliance with that the above-mentioned standards (a. - c.) are complied ':lith. Policy 4.7: [Revised text, page 16] The Board of County Commissioners may consider whether to adopt Rredevelopment P12lans for existing commercial and residential areas may be considered by the Board of COl:lnty Commissioners. +ftese Such plans may consider include alternative land use~ J*afts-, modifications to development standards, and incentives that may be necessary to encourage redevelopment. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on March 14, 2000: it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport-Pulling Road. For properties that have been revie'.ved under the Zoning Reeyall:lation Program, changes to the density afld intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the Other specific areas that may be considered by the Board of County Commissioners for redevelopment include... but are not necessarily limited to: a. Pine Ridge Road, between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Dri','e bet'.veen U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Bouleyard and Airport Pulling Road; d. Davis Boulevard bet'l/ecn U.S. 41 East and ;\irport Pulling Road; eQ. U.S. 41 North in Naples Park; and, f. C.R. 951 bet'Neen Green Boulc'/ard and Golden Gate Parkway; and gf. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. Policy 4.8: [Revised text, page 16] Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, weighted population projections shall be calculated for all public facilities except potable 'Nater and sanitary sewer using BEBR's ffi.gfl medium range growth rate. Population definitions are Words underlined are added; words struok through are deleted. 7 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2a .. '<'~ provided in Policy 1.2 of the Capital Improvement Element. ; thereafter, projections shall be calcHlated based upon 95% of the BEBR high range gro'.vth rate. For potable water and sanitary sewer facilities, the peak population shall be calculated, based upon the BEBR high range growth rate population projections through the first ten years, on a continl:lously rolling basis; thereafter, projections shall be calculated based upon the average of the medium and high raflge growth rate population projections. Policy 4.9: [Revised text, page 16] Prepare Pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22, 1999, a Rural and Agricultural Area Assessment was prepared between 1999 and 2002. , or any phase thereof, a1'ld adopt plan amendmeRts necessary to implemtmt the Based upon the findings and results of the Assessment, amendments to this comprehensive plan were adopted in 2002, including establishment of the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. or any phase thereof, pursuant to the Final Order (.\C 99 (02) issued by the AdministratioR Commission on June 22. 1999. The geographic scope of the assessment area, public participatiofl procedures, interim development provisions, and the designation of Natural Resource Protection .^~rcas on the Future LaRd Use Map are described ifl detail in the .\gricl:lltl:lfal/Rural DesigflatioR DescriptioR Section. Policy 4.10: [Revised text, page 17] Public participation and input was shall be a primary feature and goal of the Rural and Agricultural Assessment. planning and assessment effort. Representatives of state and regional agencies shall be in'/ited to participated in, and assisted in... the aAssessment. The County shall ensure During the three-year Assessment and subsequent comprehensive plan amendment process, community input throl:lgh each phase of the .A~ssessment which may include was provided through workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Council Committee and the Collier County Planning Commission in each phase of the A~;sessment. OBJECTIVE 5: [No change to text, page 17] Policy 5.1: [Revised text, page 17] All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (J afluary 10, 1989) and fOl:lnd to be consistent throl:lgh the ZOfling Re evall:lation Program are consistent with the Growth Management Plan and designated Ofl the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent vlith this Fl:lture Land Use Element via Policies 5.9 throl:lgh 5.12, provided the amount of commercial land use, indl:lstria} land use, permitted number of dwelling uflits, and the overall intensity of de'/elopment allo\lved by the ne'.v zoning district, except as allmved by Policy 5.11, are not iRcreased. However, for these propertics approved for Words underlined are added; words struok through are deleted. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 8 Future Land Use Element As Adopted by BCC 2-2-07 2' ... ~'" coml1.'lercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction ifl commercial area such that the o','erall intensity of development allowed by the new zoning district is not increased. Further, though an increase in overall intensity may result, for these properties appro'led for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Sl:lbdistrict. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.14, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11. is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial. or commercial. zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.14, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the proiect, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. Policy 5.2: [Revised text, page 17] All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by reviewed for consistency with the Words underlined are added; words struok through are deleted. 9 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** **11: *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2-07 2l Comprehensive Plan and those found to be inconsistent '.'lith the Plan by the Board of County Commissioners shall not be permitted. Policy 5.3: [No change to text, page 17] Policy 5.4: [Revised text, page 17] New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in sl:lbject to meeting the compatibility criteria of the Land Development Code (Ordinance 91 102 04-41, adopted June 22, 2004 and October 30, 1991 effective October 18,2004, as amended}. Policy 5.5: [Revised text, page 18] Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (Orangetree PUD formerly known as North Golden Gate), and the Rural Fringe Mixed Use District... before servicing new areas. Policy 5.6: [No change to text, page 18] Policy 5.7: [No change to text, page 18] Policy 5.8: [Revised text, page 18] Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be allowed permitted within the Urban ~esignated A&"ea, and may be allowed in other future land use designations, subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04-41 9l 102, adopted June 22, 2004 and effective October 18, 2004 30, 1991) and consistent with the locational requirements in Florida Statutes (Chapter 419.00l F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.9: [Revised text, page 18] Former Policy 3.1k. of the Future Land Use Element provided for the establishment of a Zoning Reevaluation Program to evaluate properties whose zoning did not conform with the Future Land Use Designation Description Section of the Future Land Use Element. This Program was implemented through the Zoning Reevaluation Ordinance No. 90-23. Where such properties were determined, through implementation of that Ordinance, to be "improved property", as defined in that Ordinance, the zoning on said properties Properties vlhich do not conform to the Futl:lre Land Use Element but are improved, as determined through the Zoning Re evaluation Program described in former Policy 3.1K Words underlined are added; words struok through are deleted. 10 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2 L and implemented through the Zoning Reevaluation Ordinance No. 90 23, shall be deemed consistent with the Future Land Use Element and those properties have been identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: [Revised text, page 18] The zoning on P12ropertyies- for which an exemptions- has been granted based on vested rights, dedications-, or compatibility determinations, and the zoning on propertyies- for which a compatibility exceptions- Inwe has been granted, both as provided for in the Zoning Re-evaluation Program established pursuant to former Policy 3.1K and implemented through the Zoning Reevaluation Ordinance No. 90-23, and as identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. Such property These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Additionally, the Copeland, Plantation Island and Chokoloskee Urban areas were exempted from the Zoning Re-evaluation Ordinance. Existing zoning on properties within these communities shall also be considered consistent with the Future Land Use Element. Policy 5.11: [Revised text, page 19] Properties whose zoning has been determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.12: [Revised text, page 18] The zoning on P12roperties rezoned under the former Industrial Under Criteria provision, or pursuant to wtHt the former provision contained in the former Urban-Industrial District that wffieft allowed expansion of industrial uses adjacent to abutting lands designated or zoned Industrial. both provision as adopted in Ordinance 89-05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.13: [Revised text, page 19] The f{)llowing properties identified by in Ordinance # Numbers 98-82~... 98-91~... 98-94~... 99-02~... 99-1 h... 99-19~... 99-33~... and, 2000-20;-... were previously located in Activity Centers # No.1, 2, 6, 8, 11 & and 18, and were rezoned pursuant to those previous the Activity Centers- boundaries designated in the 1989 Comprehensive Plan, as amended. Ordinance No. 2000-27, adopted May 9,2000, modified those Activity Center boundaries to exclude Words underlined are added; words ctruol< through are deleted. 11 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** **1Ir *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2.~. L those +ftese properties-,- '.J/ere rezoned during the interim period between the adoption of the Future Land Use Element in October, 1997 ',J/hich '.':as not effective due to the notice of intent finding the Future Land Use Element not "in compliance". DCA's issuance of a Final Order, on July 22, 2003, brought the Element into compliance. The zoning on +!hose properties, identified herein, which have modified the boundaries of the 1997 .'\cti'lity Centers arc shall be deemed consistent with the Future Land Use Element. Policy 5.14: [No change to text, pages 19, 19.1 and 19.2] OBJECTIVE 6: [N 0 change to text, page 19.2] Policy 6.1: [No change to text, page 19.2] Policy 6.2: [No change to text, pages 19.2, 19.3] Policy 6.3: [Revised text, page 19.3] In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent abutting commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent abutting commercial properties. Policy 6.4: [No change to text, page 19.3] Policy 6.5: [No change to text, page 19.3] OBJECTIVE 7: [No change to text, page 19.3] Policy 7.1: [No change to text, page 19.4] Policy 7.2: [No change to text, page 19.4] Policy 7.3: [No change to text, page 19.4] Policy 7.4: [No change to text, page 19.4] Policy 7.5: [Revised text, page 19.4] Words underlined are added; words struok through are deleted. 12 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or adjacent to abutting commercial development. This policy shall be implemented through provisions in specific subdistricts in this Growth Management Plan. Policy 7.6: [No change to text, page 19.4] Policy 7.7: [No change to text, page 19.4] FUTURE LAND USE DESIGNATION DESCRIPTION SECTION No change to text, page 20] I. URBAN DESIGNATION [Revised text, pages 20, 21] Urban 9Qesignated A~reas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban 9Qesignated Aweas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Ai!rea will accommodate residential uses and a variety of non-residential uses. The Urban 9Qesignated Awea, which includes Immokalee, Copeland, Plantation Island, Chokoloskee, Port of the Islands, and Goodland Marco Islafld, in addition to the greater Naples area, represents less than 10% of Collier County's land area. The boundaries of the Urban 9Qesignated Ai!reas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban 9Qesignated Ai!reas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, f:ffitl Subdistricts and Overlays that follow, except as allowed by certain policies under Obiective 5. b. Non-residential uses including: *** *** *** *** *** *** *** *** *** *** *** *** 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR-SP-93-01), May 1995l; *** *** *** *** *** *** *** *** *** *** *** *** 5. Community facilities such as churches... group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words struok through are deleted. 13 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2.07 2LF 11. Support medical facilities: such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies: provided the dominant use is medical related and the site is located within '4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are is concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, GoodlettelPine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Davis Boulevard/County Barn Road Mixed-Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston RoadJEatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Sl:lbdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict.;. ,f:ffitl in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. *** *** *** *** *** *** *** *** *** *** *** *** l4. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 15. Hotels/motels as may be allowed in various Subdistricts and Overlays, and by certain FLUE Policies, consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate .\rea and Marco Island Master Plans, and as permitted in the Bayshore/Gate'.vay Triangle Redeyelopment O'lerlay. *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words struok through are deleted. 14 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** c:.L Future Land Use Element As Adopted by BCC 2-2-07 A. Urban - Mixed Use District: in 3rd paragraph, page 22] [Revised text, remove hyphen in title and 3rd paragraph Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict: [No change to text, page 22.1] ~ J.. Urban Coastal Fringe Subdistrict: page 23] [Renumbered, Revised text, The purpose of this Subdistrict is to provide transitional densities between the Conservation 9Qesignated Af!rea (primarily located to the south of the Subdistrict) and the remainder of the Urban 9Qesignated Af!rea (primarily located to the north of the Subdistrict). It The Subdistrict comprises those Urban includes that area~ south of US 41... bet'.veen generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, Collier Seminole State Park, including Marco Island and comprises approximately 18,000 11.354 acres and ~ 10% of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation 9Qesignated Af!rea, residential densities within the Subdistrict shall Be limited to not exceed a maximum of 4 dwelling units per acre, except as allowed ffi ill: certain FLUE Policies under Obiective 5 the Density Rating System to exceed 4 units per aere through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for lafld use districts encompassed by the Marco Island Master Plan bl:lt outside the incorporated area of Marco Island. ~~. Urban Residential Fringe Subdistrict: [Renumbered, Revised text, pages 23, 23.1, and 23.2] The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 Words underlined are added; words struok through are deleted. 15 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Zf~ i.I ~\.~'\1t Future land Use Element As Adopted by BCC 2.2-07 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable-workforce housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section n.;+ 2.06.00 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided in c. below, but are subject to the following conditions: *** *** *** *** *** *** *** *** *** *** *** *** c. Properties eligible for the Affordable-workforce Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section n.;+ 2.06.00 of the Land Development Code, except that, Section 2.7.7.3 2.06.03 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable-workforce Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. *** *** *** *** *** *** *** *** *** *** *** *** 4 ~. PUD Neighborhood Village Center Subdistrict: [Renumbered, Revised text, page 23.2] The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a Planned Unit Development (PUDl zoning district. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small scale retail, offices, and service facilities exceed 15 acres. These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code has been shall be amended '.vithin one (1) year to provide standards and principles regulating access, location and ef integration of the Village Center within the PUD of the Village Center, allowed uses, floor area ratio, and square footage and/or acreage thresholds. s ~. Business Park Subdistrict: [Renumbered text, pages 24, 25] Words underlined are added; words struck through are deleted. 16 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 2t Future Land Use Element As Adopted by BCC 2.2.07 ,~. Office and In-fill Commercial Subdistrict: hyphen from title, revised text, pages 25, 25.1] [Renumbered, Remove The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-l through C-5 zoning districts and commercial components of PUDs. *** *** *** *** *** *** *** *** *** *** *** *** f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case:by:case basis. *** *** *** *** *** *** *** *** *** *** *** *** I. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban-Mixed Use District or in the Urban-Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. *** *** *** *** *** *** *** *** *** *** *** *** q. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban-Mixed Use District is 250 acres. 7. Residential Mixed Use Neighborhood Subdistrict: 25.1, 25.2] [Revised text, pages *** *** *** *** *** *** *** *** *** *** *** *** k. The project shall provide street, pedestrian pathway and bike lane interconnections with adjaceflt abutting properties, where possible and practicable. *** *** *** *** *** *** *** *** *** *** *** *** m. The commercial component of the project shall be internally located with no direct access to adjacent abutting external roadways, or the commercial component shall have frontage on a road classified as an arterial or collector in the Transportation Element. *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words struok through are deleted. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 17 .2 g., 1, .;....,'"" Future Land Use Element As Adopted by BCC 2-2-07 o. For projects located along an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent abutting arterial or collector roadway. 8. Orange Blossom Mixed -Use Subdistrict: [Remove hyphen from title, revised text, page 26] The intent of this Subdistrict is to allow for limited small-scale retail, office and residential uses while requiring that the project result in a true mixed-use development. The Activity Centers to the Ngorth and g.~outh provide for large-scale commercial uses, while this .s.s-ubdistrict will promote small:scale mixed-use development with a pedestrian orientation to serve the homes... both existing and future... in the immediate area. This Subdistrict is intended to be a prototype for future mixed-use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small- scale commercial services. Commercial uses... for the purpose of this section~ are limited to those uses allowed in the C-l, C-2 and C-3 zoning districts in the Land Development Code in effect as of the date of adoption of this Subdistrict (May 9. 2000), except as noted below. The development of this .s.s-ubdistrict will be governed by the following criteria: *** *** *** *** *** *** *** *** *** *** *** *** b. A unified planned development with a common architectural theme... which has shared parking and cross access agreements, will be developed. *** *** *** *** *** *** *** *** *** *** *** *** h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport-Pulling Road and Orange Blossom Read Drive will provide secondary accesses facing those streets. *** *** *** *** *** *** *** *** *** *** *** *** J. A residential component equal to at least 25% of the allowable maximum base density under the density rating system must be constructed before the .s.s-ubdistrict completes an aggregate total of 40,000 square feet of retail ef or office uses. k. Residential units may be located both on the Nnorth and g.~outh side~ of Orange Blossom Drive. *** *** *** *** *** *** *** *** *** *** *** *** o. No building shall exceed three ill stories in height: v/ith no allo'lIanee for any under building parking provided shall count towards this height limit. p. Drive-through establishments, which must be architecturally integrated into the main building, will be limited to banks with no more than 3 lanes architecturally integrated into the main building. *** *** *** *** *** *** *** *** *** *** *** *** s. Twenty:foot wide landscape Type D buffers along Orange Blossom Drive and Airport-Pulling Road and a W twenty-foot wide Type C buffer along all other perimeter property lines will be required. t. Parking areas will be screened from Airport-Pulling Road and Orange Blossom Drive-,- , Words underlined are added; words struok through are deleted. 18 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC , 2-2~07 2 L u. The Office and Infill Commercial Subdistrict provision is not applicable to any properties adjacent to this Subdistrict. 9. C90dlettelPine Ridge Cemmereial IRfill Subdistriet:[Relocated text, page 27] This sl:lbdistrict cOflsists of 31 acres and is located at the northeast quadrant of two major arterial roadways, Pine Ridge Road and Goodlette Frank Road. In addition to uscs allo'.ved in the Plan, the intent of the GoodlettelPine Ridge Commereial Infill Subdistrict is to pro'/ide shopping, personal services and employment for thc sl:lrrounding residential areas within a convenient travel distance. The subdistrict is intendcd to be compatible v/ith the neighboring Pine Ridge Middle School and ncarby residential development and therefore, emphasis v,ill be placed on common building architecture, signage, landscape desigfl and site accessibility for pedestrians and bicyclists, as wcll as motor vehicles. .A~ccess to the Goodlette/Pine Ridge Commercial Infill Sl:lbdistrict may feature a traffic signalized access point on Goodlette Frank Road, '.vhich may provide for access to the neighboring Pine Ridgc Middle School. Other site access locations will be designed consistent ,,"ith the Collier County access management criteria. Development ifltensity "vithin the district '.vill be limited to single story retail commercial uses, while professional or medical related offices, including financial institutiofls, may occur in three story buildings. .'\ maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial iRstitution de'/clopment may occur within this sl:lbdistrict. Retail commercial uses shall be limited to a maximum of 125,000 sql:lare feet of gross leasable area on the south II 23 acres. No individual retail tenaflt may exceed 65,000 squarc feet of gross leasable area. Unless otherwise required by the South Florida 'Vater Management District, the .87 II acre wetland area located on the northeasteffl portion of the site ',vill be preserved. t4.2. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict: [Renumbered text, revised text, pages 27, 28] *** *** *** *** *** *** *** *** *** *** *** *** Retail uses shall be limited to single-story. Financial services and offices shall be limited to three stories. A combination of these uses in a single building financial services and/or offices over retail uses - shall be limited to three stories. Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each project or yet to be established PUD District shall be required to have common site, signage and building architectural elements. Each project or PUD District shall provide for both pedestrian and vehicular interconnections with adjacent abutting properties. 1110. Henderson Creek Mixed-Use Subdistrict: [Renumbered, remove hyphen from title, revised text, pages 28, 29] Words underlined are added; words struok through are deleted. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 19 Future Land Use Element As Adopted by BCC 2-2.07 2L The Henderson Creek Mixed-Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S.R. 951) and south of u.s. 41 (Tamiami Trail... East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development.;. , the regional commercial uses are intended to serve the South Naples, and Royal Fakapalm Planning Communities, and the Marco Island areas. Conversely, the +he primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples, and Royal Fakapalm Planning Communities, and the Marco Island areas-. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. For purposes of this Subdistrict, the term "regional commercial" is defined as: Retail uses typically dominated by large anchors, including discount department stores, off-price stores, warehouse clubs, and the like, some of which offer a large selection in a particular merchandise category. Regional retail uses also typically utilize square footages ranging from 20,000 to over 100,000 square feet. Regional commercial uses generally have a primary trade area of 5 to 10 radial miles, with a typical store separation of 5 radial miles for any individual regional commercial business. Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict are as follows: .:l:. a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and U.S. 41. These access points shall be connected by a loop road that is open to tho pl:lblic. A loop road that is open to the public shall connect these access points. · b. Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. · c. The unified plan of development within the Subdistrict shall include provisions for vehicular and pedestrian interconnection to properties to the north. . d. Commercial components of this Subdistrict shall front on Collier Boulevard. · e. Commercial uses are limited to a maximum of 40 acres and 325,000 square feet of gross leasable floor area. · f:. The maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District. · &. At least one regional commercial use is required to occupy a minimum of 100,000 square feet of gross leasable floor area. Each remaining regional commercial use must occupy a minimum of 20,000 square feet of gross leasable floor area. . h. Non-regional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, and personal service uses. · h Non-regional commercial uses are limited to a maximum of 10% of the total allowed commercial square footage (32,500 square feet). · i A maximum of four out-parcels are allowed, all of which must abut Collier Boulevard. All out-parcels shall provide internal vehicular access. All out-parcels are limited to nonregional commercial uses. No out-parcel shall exceed five acres. Words underlined are added; words struck through are deleted. 20 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2.07 2 . k. Commercial development shall be restricted to one-story buildings with a maximum height of 35 feet. . 1. Residential development shall be limited to a maximum of 360 dwelling units, subject to the Density Rating System. However, a minimum of 200 affordable: workforce housing units shall be provided. . m. Residential dwellings shall be limited to a maximum height of two habitable stories. . n. Both commercial and residential development shall be designed in a common architectural theme. . o. Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. . ~ The type of landscape buffers within this Subdistrict shall be no less than that required in mixed:use activity centers. 1111. Research and Technology Park Subdistrict: text, pages 29, 30, 31] [Renumbered text, revised The Research and Technology Park Subdistrict ... ... and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for affordable-workforce housing, except as provided in paragraph j below. Similarly, ... ... demonstrate compliance with this requirement. *** *** *** *** *** *** *** *** *** *** *** *** 1. When located in a District other than the Urban Industrial District, the Research and Technology Park must be abutting adjacent to, and have direct principal access to... a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. J. Research and Technology Parks shall only be allowed not be located on land abutting residentially zoned property, unless if the Park provides affordable- workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to affordable-workforce housing.;. f:ffitl all... or a portion... of the affordable-workforce housing is encouraged to be located proximate to abtH such abutting adjacent land where feasible. k. Whenever affordable-workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. I. Whenever affordable-workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words ctruok through are deleted. 21 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *.* *** ***** *** 2L Future Land Use Element As Adopted by BCC 2-2-07 ta12. Buckley Mixed Use Subdistrict: [Renumbered text, pages 31, 31.1] ta 15. Livine:stonlRadio Road Commercial Infill Subdistrict: [Renumbered, relocated, revised text, after page 31.1] This Subdistrict consists of + 5.0 acres located at the northwest corner of the intersection of Livingston Road and Radio Road. This Subdistrict allows for those permitted and conditional uses set forth in the Commercial Intermediate Zoning District (C-3) of the Collier County Land Development Code, in effect as of the effective date of adoption of this Subdistrict. (adopted October 26, 2004 by Ordinance No. 2004-71). The following conditional uses, as set forth in the C-3 district in the Land Development Code. shall not be allowed: 1. Amusements and recreation services (Groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rentaL miniature golf course, bicycle and moped rentaL rental of beach chairs and accessories only.) 2. Homeless shelters, as defined by the Land Development Code, as amended. 3. Social Services (Groups 8322-8399). 4. Soup kitchens, as defined by the Land Development Code, as amended. To encourage mixed-use proiects, this Subdistrict also permits residential development, when located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre. The gross acreage of the proiect is used in calculating residential density. The purpose of this Subdistrict is to provide services, including retail uses, to surrounding residential areas within a convenient travel distance to the subiect property. These uses are not an entitlement, nor is the maximum density for residential uses in a mixed-use building. Such uses, and residential density, will be further evaluated at the time of the rezoning application to insure appropriateness in relation to surrounding properties. The maximum development intensity allowed is 50,000 square feet of building area for commercial uses with a maximum height of three (3) stories, not to exceed 35 feet. However, for mixed-use buildings - those containing residential uses over commercial uses - the maximum height is four (4) stories, not to exceed 45 feet. Access to the property within the Subdistrict may be permitted from Radio Road, Market A venue and Livingston Road. Any access to Livingston Road shall be limited to right-in, right-out access. Further, access shall be consistent with the Collier County Access Management Policy in effect at the time of either rezoning or Site Development Plan application, whichever policy is the more restrictive. Words underlined are added; words €;truok through are deleted. 22 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2~ 2.2.07 c_': 14 13. Commercial Mixed Use Subdistrict: 31.1] [Renumbered, Revised text, page The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a human pedestrian-scale, pedestrian oriented, and interconnected with adjacent abutting projects - whether commercial or residential. This subdistrict is allowed in tHe Urban Mixed Use District subject to the standards and criteria set forth under the Commercial MiRed Use Sl:lbdistrict in the Urban Commercial District. Within one year of the effective date of regulation establishing this Subdistrict, the Land Development Code shall be amended, as necessary, to implement the provisions of this Subdistrict. Proiects utilizing this Subdistrict shall comply with the following standards and criteria: 1. This Subdistrict is applicable to the C-l through C-3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C-l through C-3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subiect property. 3. Residential density is calculated based upon the gross commercial proiect acreage. For property in the Urban Residential Fringe Subdistrict, density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict, but within the Coastal High Hazard Area, density shall be limited to four dwelling units per acre: density in excess of three dwelling units per acre must be comprised of affordable-workforce housing in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41. as amended. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen dwelling units per acre: density in excess of three dwelling units per acre and up to eleven dwelling units per acre must be comprised of affordable-workforce housing in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41. as amended. 4. In the case of residential uses located within a building attached to a commercial building, or in the case of a freestanding residential building, building square footage and acreage devoted to residential uses shall not exceed seventy percent (70%) of the gross building square footage and acreage of the proiect. 5. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Words underlined are added; words struck through are deleted. 23 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC , 2l 2-2.07 l$14. Davis Boulevard/County Barn Road Mixed Use Subdistrict [Renumbered, Revised text, pages 31.1, 31.2, 31.3] *** *** *** *** *** *** *** *** *** *** *** *** 11. A minimum of 91 residential units shall be developed in the Subdistrict (this reflects the Density Rating System's base density of four dwelling units per acre, applied to the total site acreage). For the project's total density - whether it is the minimum of 91 dwelling units, or a greater amount as allowed by the Density Rating System density bonus provisions and approved via rezoning - a minimum of ten percent (10%) must be affordable-workforce housing units provided for those earning less than or equal to 80% of the median household income for Collier County and another minimum of ten percent (10%) must be affordable-workforce housing units provided for those earning greater than 80%, but no greater than 100%, of the median household income for Collier County. B. DENSITY RATING SYSTEM: [Revised text, page 36, 37, 37.1, 38] This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban-Mixed Use District.;. , and, on a very limited basis. Agricultural/Rural. as identified on the Future Land Use Map, and those properties specifically identified within the Urban Residential Fringe Subdistrict, which are eligible to apply for an l\ffordable HOllsing Density Bonus and exclusive of It is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan, and the Golden Gate Area Master Plan, and Marco Island Master Plan; these two Elements have their own density provisions. and, l\gricult\:lral/Rl:lral, as proyided for in the Rural Lands Stewardship .\rea Overlay for the ,'Hfordable Housing Density Bonus only. The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded... except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). 1. The Densitv Ratinf! System is applied in the followinf! manner: a. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre may be is permitted allowed, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of: the commercial and industrial portions of a project, except where authorized in a Words underlined are added; words struok through are deleted. 24 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** fl III Future Land Use Element As Adopted by BCC 2.2-07 Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict; and, mixed residential and commercial uses as provided for in the C-l through C-3 zoning districts in the Collier County Land Development Code, via conditional use; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. b. Within the Urban Residential Fringe Subdistrict, the Density Rating System is applicable for the Affordable-workforce Housing Density Bonus only, as specifically provided for in that Subdistrict. c. Within the Rural Lands Stewardship Area Overlay (RLSA), the Density Rating System is applicable for the Affordable-workforce Housing Density Bonus only, as specifically provided for in the RLSA for Stewardship Receiving Areas. LThis Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings or accessory structures that are not intended and/or not designed for permanent occupancy, and is not applicable to accessory dwellings or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, servants quarters, mother-in-law's quarters, cabanas, guest suites, and the like. e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: all Policy 5.1 of the Future Land Use Element;.-,- a 21 The Urban-Mixed Use District for the "vested" Port of the Islands development;. -'- a Jl The Buckley Mixed Use Subdistrict;.-,- al1 The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 6) Livingston/Radio Road Commercial Infill Subdistrict 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict A~. Density Bonuses: [No change to text, page 36] Ii!. Conversion of Commercial Zoning Bonus: [Revised text, page 37] If the !! project includes the conversion of commercial zoning that has been found to be "Consistent By Policy" through the Collier County Zoning Re-evaluation Program (Ordinance No. 90-23), then is not consistent '.'lith any Subdistrict allo'1ling commercial uses, a bonus of up to 16 dwelling units per acre may be added for every one 01 acre of commercial zoning that whieh is converted to residential zoning. These bonus dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. Words underlined are added; words struok through are deleted. 25 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 2". . ~.",- Future Land Use Element As Adopted by BCC 2.2.07 ~!!. Proximity to Mixed Use Activity Center or Interchange Activity Center: [Re- numbered, page 37] Jf.. Affordable-workforce Housing Bonus: [Revised text, page 37] As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420.907 L F.S. To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable: workforce Housing Density Bonus Ordinance (Section ~ 2.06.00 of the Land Development Code, Ordinance #9l 102 04-41, as amended, adopted June 22, 2004 and effective October W lB., +99+ 2004), and if the affordable-workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, proiects utilizing the Affordable-workforce Housing Density Bonus projects must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable-workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 ~ of the Land Development Code. 4!!. Residential In-fill: [Re- numbered, pages 37, 37.1] ~.Roadway Access: [Re- numbered, page 37.1] 't. Transfer of Development Rights Bonus: [Re-numbered, revised text, page 38] To encourage preservation/conservation of natural resources, density transfers are permitted as follows: (a) From Urban designated areas into 'Hithin that portion of the Urban designated area subject to this Density Rating System, density may be increased above and beyond the density othenvise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) provision contained in Section 2.2.24.1l 2.03.07 of the Land Development Code... adopted by Ordinance No. #91 10204-41, as amended, on June 22, 2004 and effective October W lB., +99+ 2004., as amended For proiects utilizing this TDR process, density may be increased above and beyond the density otherwise allowed by the Density Rating System.t (b) From Sending Lands in conjunction with qualified infill development (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre. Words underlined are added; words struok through are deleted. 26 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2.07 2L In no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal High Hazard Area. Lands lying seaward of the Coastal High Hazard Boundary, identified on the Future Land Use Map, are within the Coastal High Hazard l\rea. +g. Transportation Concurrency Management Area (TCMA) Bonus: [Re- numbered text, Revised title, page 38] B~. Density Reduction: [No changes to text, page 38] I!!. Traffic Congestion Area: [Revised text, pages 38, 38.1] If the project lies is- within the Traffic Congestion Area, an area identified as subiect to long range traffic congestion, -1- one dwelling unit per gross acre would be subtracted from the eligible base density of four dwelling units per acre. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Futhermore, the density reduction shall not apply to developments located within the South U.S. 41 TCEA (as identified within Transportation Element, Map TR-4, and Transportation Element, Policies 5.5 and 5.6, and FLUE Policy 2.4) that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6, and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of the plan of development. This reduction shall likewise not be applied to developments within the Northwest and East-Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Element, Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of the plan of development. ~. Density Conditions: [No changes to text, page 38.1] I!!. Maximum Density: [Revised text, page 38.1] The maximum allowed permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Words underlined are added; words struck through are deleted. 27 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** r 2.", Future Land Use Element As Adopted by BCC 2-2.07 Transfer of Development Rights (TDR) provision contained in Section 2.2.21.10 2.03.07 of the Land Development Code adopted by Ordinance No. tt91 102 04- 41, as amended, on June 22, 2004 and effective October W lB., -l-99-l- 2004, as amended. d~. Density Blending: [No changes to text, pages 39, 40] Be. Urban Commercial District: [No changes to text, page 40] 1. Mixed Use Activity Center Subdistrict: [Revised text, pages 41, 41.1, 42-44] Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Mixed Use Activity Centers, listed below, which comprise approximately 3,000 acres.;. , this includes including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers... #19 and 21~ have been deleted as they are now within the incorporated City of Marco Island and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. # 1 Immokalee Road and Airport-Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 1-75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake-Hammock Road and Collier Boulevard # 8 Airport-Pulling Road and Golden Gate Parkway # 91-75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #10 1-75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport-Pulling Road #12 US 41 and Pine Ridge Road # 13 Airport-Pulling Road and Pine Ridge Road #14 Goodlette-Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport-Pulling Road #17 US 41 and Rattlesnake-Hammock Road # 18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character. Further, they are generally intended to be developed at a human-scale, to be pedestrian-oriented, and to be interconnected with abutting proiects - whether Words underlined are added; words struok through are deleted. 28 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC i --2t 2-2-07 commercial or residential. Street, pedestrian pathway and bike lane interconnections with adiacent abutting properties, where possible and practicable, are encouraged. .\dditionally, some commercial development is allowed outside of Mixed Use ;\ctivity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange ,\ctivity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed Use Subdistrict, GoodlettelPine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, LiyingstonlPine Ridge Commercial Infill Sl:lbdistrict, Henderson Creek Mixed Use Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Liyingston Road Commercial Infill Subdistrict, Buckley Mixed Use Sl:lbdistrict and the Bayshore/Gateviay Triangle Redevelopment Oyerlay and by Policies 5.9,5.10, and 5.11 of the Future Land Use Element. Mixed Use .\ctivity Centers are intended to be miRed use in character. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The actual mix of the various land uses which may include the full array of commercial uses, residential I:lses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code shall be determined during the rezoning process based on consideration of the factors listed below. Except as restricted below under the provision for Master Planned Activity Centers, all Mixed Use Activity Centers may be developed with any of the land uses allowed within this Subdistrict. For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. If such a proiect is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system. If such a proiect is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only proiect located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the proiect This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Ceflter. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Such mixed use projects are intended to be developed at a human scale, pedestrian oriented, and interconnected with adjacent projects whether commercial or residential. Street, pedestrian pathway and bike lane iflterconnections with adjacent properties, '.vhere possible and practicable, are encouraged. Density for such a proiect is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is Words underlined are added; words struok through are deleted. 29 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2.07 2' not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a proiect located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the proiect may be distributed to that portion of the proiect located outside of the Activity Center. In order to promote compact and walkable mixed use proiects, where the density from a mixed use proiect is distributed outside the Activity Center boundary: (1) the mixed use component of the proiect within the Activity Center shall include a minimum of thirty percent (30%) of the Activity Center-accumulated density; (2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and, (3) the portion of the proiect within the Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the proiect with pedestrian and bicycle facilities. The factors to consider during review of a rezone petition for a proiect, or portion thereof. within an Activity Center, are as follows: a. Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center.;--,- f.:. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses.;-~ d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles.;-~ e. Adequacy of infrastructure capacity, particularly roads.;--,- [. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties.;--,- &. Natural or man-made constraints.;--,- h. Rezoning criteria identified in the Land Development Code.;--,- Words underlined are added; words struok through are deleted. 30 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 2L Future Land Use Element As Adopted by BCC 2-2-07 1. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code;.-,- 1. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections;.-,- k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent abutting projects;.-,- 1. Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual, fixed boundaries and cannot be adiusted without a comprehensive plan amendment, except as provided below for Master Planned Activity Centers of Mixed Use .^~ctivity Centers listed belovl by ,'\ctivity Center and location arc specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. # 1 Immokalee Road and l\irport Road # 6 Davis Boulevard and Saflta Barbara Boulevard # 8 .Ajrport Road and Golden Gate Park'Nay #11 Vanderbilt Beach Road and .\irport Road # 12 US 41 and Pine Ridge Road # 13 l'.irport Road and Pine Ridge Road #15 Golden Gate Park';,ay and Coronado Boulevard #16 US 41 and .\irport Road #17 US 41 and Rattlesflake Hammock Road #18 US 41 and Isles of Capri Road #20 US 41 afld Wiggins Pass Road The mix of Mses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara BOMlevard, .!!ill! range from 80 to 100% commercially zoned and/or developed property. .'\cti'/ity Center #6 is approximately 60% commercially zOfled and/or developed. For purposes of these specifically designated .\ctivity Centers, the entire Activity Center is eligible for up to 100%, or any combination thereof, of each of the follov/ing uses: commercial, residential and/or community facilities. Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as f! Master Planned Mixed Use Activity Centers-. A Master Planned Mixed Use Activity Centers-are Words underlined are added; words struck through are deleted. 31 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 2L Future Land Use Element As Adopted by BCC 2-2-07 is one these which ha>.<e has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process, as provided below. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 Collier Boulevard #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus mix and location of uses permitted within a designated Mixed Use Activity Center-,- and may be permitted to modify the desigflated configuration. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below during final site design; Hhowever, the approved acreage within amount of commercial development the reconfigured Activity Center shall not Be exceedetl that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: 1. The applicant shall have unified control of the maJonty of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51 % of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51 % ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51 % ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified controh-,- 2. The permitted allowable land uses for a Master Planned Mixed Use Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed permitted at Activity Center # 3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to fef non-commercial uses as allowed in Mixed Use Activity Centers resideatial and/or community facility uses. The Words underlined are added; words struok through are deleted. 32 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** , 2t Future Land Use Element As Adopted by BCC 2-2-07 maximum amount of commercial uses allowed permitted at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to fef non-commercial uses as allowed in Mixed Use Activity Centers residential and/or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities - this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractorlbuilder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractorlbuilder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractorlbuilder construction trade specialists or accessory to warehouse space for various contractorlbuilder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers. Activity Center #14 (Goodlette-Frank Road and Golden Gate Parkway) shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be limited to fef non- commercial uses as allowed in Mixed Use Activity Centers. residential aRdlor comml:lnity facility uses. .^~ctivity Centers tt2 and tt5 have approximately 80% of the area zoned or de',<eloped for commercial uses. For purposes of these tv.o .'\ctiyity Centers, the entirc ,^~ctivity Center is eligible for up to 100%... or any combiflation thcreof, of the follo'.ving I:lses: commercial, residential and/or commuflity facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Yse Activity Center shall be compatible with and related to existing site Ffeatures, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network~-afltt 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections) into the applicant's Master Plan. Words underlined are added; words struck through are deleted. 33 *** *** *** *** *** *** *** *** *** *** I ndicates break in text *** *** *** *** *** *** *1t* *** ***** *** 2L Future Land Use Element As Adopted by BCC 2-2.07 New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · +!he intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications contained in the Transportation Traffic Circulation Element. · +!he Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. · Mmarket justification is provided demonstrating the need for a Mixed Use Activity Center at the proposed location. 2. Interchange Activity Center Subdistrict: [Revised text, pages 44, 45] Interchange Activity Centers have been designated on the Future Land Use Map at eaeft eHhe three of the County's four Interstate 75 interchanges and include numbers 4, 9 and 10; there is no Activity Center at the new 1-75/Golden Gate Parkway interchange. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 (1-75 at Immokalee Road) and #10 (1-75 at Pine Ridge Road) allow for a the same mixture of land uses as allowed in the Mixed Use Activity Centers; additionally, which may include 100% or any combination thereof, of each of the following I:lses: thc full array of commerciall:lses, residential and non residential uses, institutioflal uses, hotel/motel uses at u deflsity consistent '.vith the Land Developmeflt Code,.;. and Bl:lsiness Parks; and industrial uses... as identified below, are allowed in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 (1-75 at Collier Boulevard) shall be is subject to the reql:lirement of the development of an Interchange Master Plan (IMP), which was-:-+he IMP is intended to create an eflhanced "gateway" to Naples. The IMP process shall be iflitiated by the property owners and/or their representatives by meeting with the County plaflfling staff withifl 60 days of the adoption of this Gro',Vth Management Plafl amefldment and a fiflding of compliance from the Department of Community Affairs. The purpose of the meeting \vill be to establish a ml:ltually acceptable vision statement for .A~ctiyity Center tt 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners, and to the implementing provisions adopted into the Words underlined are added; words struok through are deleted. 34 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2.07 2L Land Development Code. All rezones thereafter shall meet the intent of the VISIOn statement. Subsequent to the development of the vision statement, All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include all land uses allowed in the Mixed Use Activity Centers: additionally, the full array of commercial uses; residential and flon residential I:lses; institutional uses; Bl:lsiness Park; hotel/motel uses at a density consistent with the Lafld Development Code; industrial uses shall be allowed in the northeast, southwest and southeast quadrants of 1- 75 and Collier Boulevard, and in the southwest quadrant of Collier and Davis Boulevards. The mix and intensity of lafld uses shall meet the intent of the vision statement and be defined dl:lriflg the rezoning proccss. The above allowed uses notwithstanding, entire Intcrchange l\ctivity Center is eligible for up to 100% of the efltire acreage to be dcveloped for any of the uscs referenced abo'.'e, except commercial zoning the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during revie....1 of a rczone petition shall be compliance with thc vision statement and thosc included for the Mixed Use ~ .'\ctivity Center. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. and based on the adopted IMP. For residential-only development, if a project is located within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to l6 residential units per gross acre may be allowed permitted. If such a proiect is located within the boundaries of an Interchange Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only proiect located partially within and partially outside of an Activity Center. the density accumulated from the Activity Center portion of the proiect This density may be distributed throughout the project, including any portion located outside of the boundary of the .^.ctivity Ceflter. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Interchange Activity Centers. Such mixed-use proiects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adiacent projects - whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with adiacent properties, where possible and practicable, are encouraged. Density for such a proiect is calculated based upon the gross proiect acreage within the Activity Center. If such a proiect is located within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict, the eligible density is sixteen dwelling units per acre. If such a proiect is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a proiect located partially within and partially outside of an Activity Center, and the portion within Words underlined are added; words struok through are deleted. 35 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2.07 2 L an Activity Center is developed as mixed use, the density accumulated from the Activity Center portion of the project shall not be distributed outside of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses - those that serve regional markets and derive specific benefit when located in the Interchange Activity Centers : shall be allowed in the Activity Center quadrants previously identified. These uses shall be limited to: manufacturing, warehousing, storage, and distribution. , provided During the rezone process, each such use shall be is- reviewed to determine if it will and found to be compatible with existing and approved land uses. Indl:lstriall:lses shall be limited to: manufacturing, v,'arehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and/or institutional land uses allowed in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site:specific development details will be reviewed during the Site Development Plan review process. a. Landscaping, buffering and/or berming shall be installed along the Interstate; b. Fencing shall be wooden or masonry; c. Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; d. Central water and sewage systems shall be required; ~ Ingress and egress shall be consistent with State Access Management Plans, as applicable; L. No direct access to the Interstate right-of-way shall be permitted; &. Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plan provisions, or State Access Management Plans, as applicable; h. Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; h The developer shall be responsible to provide all necessary traffic improvements to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; and, 1. A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. 3. LivingstonIPine Ridge Commercial Inflll Subdistrict: [Revised text, page 46] *** *** *** *** *** *** *** *** *** *** *** a. Southeast Quadrant Words underlined are added; words struok through are deleted. 36 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2.07 , 21, If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjacent abutting properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to abutting areas zoned agricultural. b. Northwest Ouadrant The feasibility of interconnections to the adjacent abutting properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. *** *** *** *** *** *** *** *** *** *** *** 4. Business Park Subdistrict: [No change to text, page 46] 5. Research and Technology Park Subdistrict: [No change to text, page 46] 6. Livingston RoadlEatonwood Lane Commercial Inflll Subdistrict: change to text, page 48] [No 7. Livingston Road Commercial Inflll Subdistrict: [No change to text, page 48] 8. Commercial Mixed Use Subdistrict: 48,48.1] [Relocated text, Revised text, pages The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a human- scale, pedestrian-oriented, and interconnected with adjacent abutting projects - whether commercial or residential. \Vithin one year of the effective date of this Subdistrict, the Land De'/elopment Code shall be amended, as necessary, to implement deyeloping pursuant to tHe regl:llation governing this Subdistrict. This Subdistrict is allowed in the Urban Commercial District subiect to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban Mixed Use District. Projects utiliziflg this Sl:lbdistrict shall comply "lith the follo'lIing standards and criteria: Words underlined are added; words struck through are deleted. 37 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** .~, Future Land Use Element As Adopted by BCC 2.2-07 I. This Subdistrict is applicable to the C 1 through C 3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C 1 through C 3 zoning districts. 2. Commercial uses and development stafldards shall be ifl accordance with the commercial zoning district Ofl the subject property. 3. Residential density is calculated based upon the gross commercial project acreage. For property in the Urban Residential Fringe Subdistrict, density shall be as limited by that Subdistrict. For property not v/ithin the Urban Residential Fringe Subdistrict but within the Coastal High Hazard ;'\rea, density shall be limited to four dv,'elling Imits per acre. For property not within the Urban Residential Fringc Subdistrict afld not within the Coastal High Hazard ;\rea, density shall be limited to sixtcen d',velling I:lnits per acre. 4. In the case of residential uses located within a bl:lilding attached to a commercial building or in the case of a freestanding residential bl:lilding, bl:lilding square feet and acreage devoted to residential uses shall not exceed seyenty percent (70%) of the gross building square footage and acreage of the project. 5. Street, pedestrian pathway and bike lane interconnections \.'/ith adjacent properties, '//here possible aRd practicable, are encouraged. 9. Livingston RoadIV eterans Subdistrict: Memorial Boulevard Commercial Inflll [No changes to text, page 48.1] 10. LiviRgstenlRadie Read Cemmereial IRflll SalJdistriet: [Relocated text, pages 48.1, 48.2] This Subdistrict consists of .l 5.0 acres located at the northwest corner of the ifltersectiofl of Liyingstofl Road and Radio Road. This Subdistrict allows for tkose permitted afld conditioflal uses set fortk in Commercial Intermediate Zoniflg District (C 3) of the Collier County Land Development Code, Ordinaflce 91 102, in effect as of the effectivc date of adoption of this Subdistrict. (Adopted October 26, 2004 by Ordinance No. 2004 71) Hov/eyer, the following conditional uses shall not be permitted: 1. .'\musements and recreation services (Groups 7911, 7922 comml:lRity theaters only, 7933, 7993, 7999 boat refltal, miniature golf course, bicyele and moped rental, rcntal of beach chairs and accessories only.) 2. Homeless shelters, as defifled by the Land Development Code. 3. Social Seryices (8322 83990) Words underlined are added; words struck through are deleted. 38 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2L 1. Soup kitchens, as defined by the Land Development Code. To encourage mixed use projects, this Subdistrict also permits residential development, when located in a mixed use building (residential uses over commercial uses). Such residential developmeflt is allov/ed at a maximum density of 16 dwelling l:mits per acre; the gross acreage of the project is used in calculating residential density. The purpose of this Subdistrict is to provide services, including retail uses, to sl:lrrounding residential areas within a convenieflt travel distance to the subject property. These uses are not an entitlement, nor is the maximum density for residential uses in a mixed use building. Such I:1ses, and residential density, will be further evaluated at the time of rezoning approval to insure appropriateness in relation to surrouflding properties. The maximl:1m development inteflsity allO'.ved is 50,000 squa-re feet of bl:lilding area for commercial uses '/lith a maximum height of three (3) stories, flOt to exceed 35 feet. However, for mixed use buildings thosc containing residential uses O'ler commercial uses the maximl:1m height is four (4) stories, not to exceed 4 5 f~et. .'\ccess to the property within the Subdistrict may be permittcd from Radio Road, Market f. veflue and Li',ingston Road. ,\ny access to Livingston Road shall be limited to right in, right out access. Further, access shall be consistent vlith the Collier County .\ccess Management Policy in effect at the time of either rezoning or SDP application, '.Yhichever poliey is the more restrictive. 16 Y. Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Relocated, Renumber, revise text - 5th paragraph, pages 48.2, 48.3] *** *** *** *** *** *** *** *** *** *** *** d. Parcel 2 *** *** *** *** *** *** *** *** *** *** At the time of rezoning of Parcel 2, the developer shall provide restrictions and standards to insure that uses and hours of operation are compatible with surrounding land uses. Permitted uses such as assisted living facilities, independent living facilities for persons over the age of 55, continuing care retirement communities, and nursing homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the eastern property line, adjacent to abutting the Wilshire Lakes PUD, at a minimum width of thirty (30) feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan for that portion of the property fronting Vanderbilt Beach Road as well as that portion along the eastern property line, adjaceflt to abutting the Wilshire Lakes PUD. 10. Goodlette/Pine Ride:e Commercial Infill Subdistrict: [Relocated from page 27 to after page 48.3, renumbered, revised text] Words underlined are added; words struok through are deleted. 39 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2-07 2L This Ss-ubdistrict consists of 31 acres and is located at the northeast quadrant of two maior arterial roadways, Pine Ridge Road and Goodlette-Frank Road. In addition to uses generally allowed in the Urban designation, the intent of the GoodlettelPine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance. The Subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Access to the GoodlettelPine Ridge Commercial Infill Subdistrict may feature a signalized traffic access point on Goodlette-Frank Road, which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within the Subdistrict will be limited to single-story retail commercial uses, while professional or medical related offices, including financial institutions, may occur in three-story buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this Subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/- 23 acres. No individual retail commercial use may exceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District. the .87 +/- acre wetland area located on the northeastern portion of the site will be preserved. (;D. Urban - Industrial District: [Remove hyphen from title, no changes to text, page 51] 1. Business Park Subdistrict: [No change to text, page 51] 2. Research and Technology Park Subdistrict: [No change to text, page 51] II. AGRICULTURALIRURAL DESIGNATION: [No change to text, page 52] A. Agricultural/Rural- Mixed Use District: [Remove hyphen from title, Relocate text of sub-paragraph g., pages 53, 54] *** *** *** *** *** *** *** *** *** *** *** *** g. Existing units appro','ed for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, To'.vnship 51 South, Raflge 27 East added to Fiddler's Creek DRI together with part of Section 29, To'.vnship 51 SOl:lth, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approycd units, which resl:llts in a gross deflsity of 1.6 llHits per acre for the Fiddler's Creek DRI; and furthcr provided that no residential units shall be located on that part of Sectiofl 29 ':lithin the Fiddler's Creek DRI; and further provided that South Florida 'N ater Management District Words underlined are added; words struok through are deleted. 40 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2-07 2L jurisdictional '/letlands impacted by the DRI in said Sections do not exceed 10 aeres-:- 1. *** Rural Commercial Subdistrict: *** *** *** *** *** [Revised text - paragraph e., page 54] *** *** *** *** *** *** e. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Transportation Element; and B. Rural Fringe Mixed Use District: [No changes to text, page 54] 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: [No changes to text, page 55] A) *** Receiving Lands: *** *** *** *** *** *** *** [Revised text, page 58, 59] *** *** *** *** 5. Allowable Uses: u) Travel trailer recreational vehicle parks, provided the following criteria are met: 1) The subject site is adjacent to abutting an existing travel trailer recreational vehicle park site; and, 2) The subject site is no greater than 100% the size of the existing adjacent abutting park site. *** *** *** *** *** *** *** *** *** *** *** *** 7. Open Space and Native Vegetation Preservation Requirements: a) Usable Open Space: Within Receiving Lands projects greater than 40 acres in size shall provide a minimum of 70% usable open space. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and lawn, yard and landscape areas. Open water beyond the perimeter of the site, street right- of-way, except where dedicated or donated for public uses, driveways, off- street parking and loading areas, shall not be counted towards required Usable Open Space. B) *** Neutral Lands: *** *** *** [Relocated text, new subparagraph s), pages 59, 60] *** *** *** *** *** *** *** *** s) Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19. Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DR!: and further provided that no Words underlined are added; words struok through are deleted. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 41 Future Land Use Element C) D) As Adopted by BCC 2L 2.2.07 residential units shall be located on that part of Section 29 within the Fiddler's Creek DR!; and further provided that South Florida Water Management District iurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. Sending Lands: [No changes to text, pages 62, 63, 64] Additional TDR Provisions: {Revised text, first paragraph, page 65] 'Nithin one year of adoption of this plan amendment, Collier County will amend has amended its land development regulations to adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process will include~ , at a miniml:lm the following provisions: 2. ButTers Adjacent to Major Public Rights-or-way: [No changes to text, page 65] 3. Rural Villages: [Revised text, pages 66, 67, 68, 69] C) Rural Village Sizes and Density: *** *** *** *** *** *** *** *** *** *** *** *** *** 3. Density shall be achieved as follows: c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following, either individually or in combination: 1) Additional TDR Credits. 2) TDR Bonus Credits. 3) A 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers. 4) A density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. 5) A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2.5(6)b-,- of the CCME. *** *** *** *** *** *** *** *** *** *** *** G) As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the following shall be addressed: 1. Rural Village, Village Center and neighborhood design guidelines and development standards. *** *** *** *** *** *** *** *** *** *** *** · Interconnection between the Rural Village and adjacent abutting developments shall be encouraged. Words underlined are added; words struok through are deleted. 42 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2L 2.2.07 2. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: · A mixture of housing types, including single-family attached and detached, as well as multi-family. Proiects providing affordable- workforce housing as required in the Rural Fringe Mixed Use Overlay contained in the Collier County Land Development Code Housiflg that is provided for lower iflcome residents afld for entry level and workforce buyers shall receive a credit of 0.5 units for each unit constructed. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determining the rental and fee-simple market rates that will qualify for such a credit, and a system for tracking such credits. 4. Exemptions from the Rural Fringe Mixed Use District Development Standards: [No changes to text, pages 69,70] C. Rural - Industrial District: [Remove hyphen from title, revise text, page 70] The Rural - Industrial District, which encompasses approximately 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, sl:lbject to the Interim Deyelopment Pro'.'isions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circl:llation Transportation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: D. Rural - Settlement Area District: [Remove hyphen from title, revise text, page 70] This District consists of Sections 13, 14,23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is encompassed by the commonly known as Orangetree PUD and Orange Blossom Ranch PUD. Refer to the Golden Gate Area Master Plan for allowable permitted uses and standards. Words underlined are added; words struok through are deleted. *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *.* *** ***** *** 43 Future Land Use Element As Adopted by BCC 2.2-07 2L III. ESTATES DESIGNATION: [No changes to text, page 71] IV. CONSERVATION DESIGNATION: [No changes to text, pages 71, 72] V. OVERLAYS AND SPECIAL FEATURES: [No changes to heading, page 73] A. Area of Critical State Concern Overlay: [Revised text, pages 73, 74, 75] The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). The ACSC regulations notwithstanding, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs, approved in July 1985, which regulates land uses in the Port of the Islands Urban area; and, there is an Agreement between the Board of County Commissioners and the Florida Department of Community Affairs, approved in April 2005, pertaining to development in Plantation Island. Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: ... B. North Belle Meade Overlay: [No changes to text, pages 75, 76, 77, 78, 79, 80] *** *** *** *** *** *** *** *** *** *** *** *** 1. IN GENERAL *** *** *** *** *** *** *** *** *** *** *** *** Planning Considerations d. Red Cockaded Woodpeckers (RCW) [Revised text, page 77] *RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands shall be mapped and protected from land use activities within Sending Lands, afld Section 24 designated Neutral Lands. .^.lthough RC\V nesting and foragiflg habitat shall be mapped \vithin all Sending areas within the NBM Overlay, this shall be accomplished by a study specific to Section 24 conducted by Collier COl:lnty within one year of the effective date of the NBM Overlay. \Vithin Section 24, the Nel:ltral designation may be ndjusted based upon the findings of the I:lpdated RC'N nesting and foraging habitat study. *** *** *** *** *** *** *** *** *** *** *** *** 3. RECEIVING AREAS [Revised text, page 78] Within the NBM Overlay, Receiving Areas are identified for clustering of residential dwelling units, central water and sewer service, and for the transfer of development rights and comprise:!: 3,368 acres in the northern and northwestern portions of the NBM Overlay. The Receiving Areas are generally located in the Words underlined are added; words struok through are deleted. 44 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** .f 2l d 4"""", Future Land Use Element As Adopted by BCC 2.2.07 northern portion of NBM Overlay and are generally contiguous to Golden Gate Estates. Two sections are directly to the south of the AP AC Earth Mining Operation. The Receiving Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are located Sections 21, 28 and the west 14 of Sections 22 and 27, which have been largely assembled under one property ownership. These lands are located south of the existing AP AC earth mining operation and have been largely impacted by agricultural operations. The location of Sections 21 and 28 is just to the south and west of Wilson Boulevard located in the southern_portion of north Golden Gate Estates. Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21, 28 and the western quarters of Sections 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. However, until June 19, 2005, mining operations and an asphalt plant may be expanded only to the western half of Section 2l and shall not generate truck traffic beyond average historic levels. If by June 19, 2005, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east-west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. If no such designation has been made by June 19,2005, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use, unless the mine operator upon failure to attain Board selection of an alignment commits by June 19, 2005 to construct a private haul road by June 19, ~ 2010 without the allocation of any public funds. The County's existing excavation and explosive regulations shall apply to all mining operations in these areas. *** *** *** *** *** *** *** *** *** *** *** *** 5. NEUTRAL LANDS Within the NBM Overlay there are :t 1,280 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two Y2 sections located at the northeast corner of this Overlay and Section 24 located in the northwest portion of this Overlay. The preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands. The County has performed an RCW study for Section 24 and determined the appropriate designation is Neutral. The following additional requirements and limitations shall apply to Section 24. , if the resl:llts of the study warrant, the Plan will be amended. a. Prior to site development. a survey to identify RCW cavity trees shall be required. b. The retained native vegetation, as required by CCME Policy 6.1.2, shall be managed for the red-cockaded woodpecker where the vegetation is suitable RCW habitat. Mechanical means to manage the understory will be allowed. Words underlined are added; words struok through are deleted. 45 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 2J L. Future Land Use Element As Adopted by BCC 2.2-07 c. Allowable uses shall be limited to: 1) Single family residential dwelling units; 2) Multi-family residential structures, subiect to the Residential Clustering provisions of the Rural Fringe Mixed Use District Neutral Lands, except that there is no minimum proiect size; 3) Agricultural uses consistent with Chapter 823.14(6), Florida Statutes (Florida Right to Farm Act) 4) Habitat preservation and conservation uses; 5) Passive parks and other passive recreational uses; 6) Essential services necessary to serve allowable uses identified in Section c.!) through c.5) such as the following: private wells and septic tanks; utility lines; water pumping stations; and, 7) Essential services necessary to ensure public safety. d. Conditional Uses: The following uses are conditionally permitted subject to approval through a public hearing process: 1) Essential Services not identified above in c.6); 2) Commercial uses accessory to permitted uses c.3), c.4) and c.5), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use; 3) Oil and gas field development and production. Where practicable, directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. e. Residential clustering is encouraged so as to allow preservation of the greatest amount of contiguous red-cockaded woodpecker habitat. If residential units are clustered, central water and sewer are required. If clustering is employed, the retained vegetation shall be placed in a preserve subject to the requirements of Policy 6.1.2 (3). f. Vegetation Retention requirements are identified in CCME Policy 6.1.2. C. Natural Resource Protection Area Overlay: [No changes to text, pages 80, 81] D. Rural Lands Stewardship Area Overlay: [Revised text, as noted below] Policy 1.15 [Revised text, page 85] Land becomes designated as an SRA upon the adoption of a resolution by the Collier County Board of County Commissioners (BCC) approving the petition by the property owner seeking such designation. Any change in the residential density or non-residential intensity of land use on a parcel of land located within a SRA shall be specified in the resolution reflecting the total number of transferable Credits assigned to the parcel of land. Density and intensity within the RLSA or within an SRA shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the Affordable-workforce Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. Words underlined are added; words struok through are deleted. 46 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC t r- 2.2-07 2' . 1.-.... Policy 4.7 [Revised text, page 93] There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and OJ-5.006(5)(1). The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable-workforce housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. Policy 4.7.1 [Revised text, page 94] Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure wftfeb that support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to abutting each other to allow for the sharing of recreational facilities. Design criteria for Towns shall be included in the LDC Stewardship District. Towns shall not be located within the ACSC. Policy 4.16 [Revised text, pages 97 -98] Words underlined are added; words struok through are deleted. 47 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2.07 2 t, A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the form of SRA development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure necessary to serve the SRA at build-out must be demonstrated during the SRA designation process. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding one hundred ( 100} acres in size, and may be required in CRDs that are one hundred (100) acres or less in size, depending upon the permitted uses approved within the CRD. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, the Immokalee Water Sewer Service District, Collier County, or other governmental entity. Innovative alternative water and wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until services from a centralized/decentralized community system are available. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. Policy 4.18 [Revised text, page 98] The SRA will be planned and designed to be fiscally neutral or positive to Collier County at the horizon year based on a cost/benefit fiscal impact analysis model acceptable to or as may be adopted by the County. The BCC may grant exceptions to this policy to accommodate affordable-workforce housing, as it deems appropriate. Techniques that may promote fiscal neutrality such as Community Development Districts, and other special districts, shall be encouraged. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools. Development phasing, developer contributions and mitigation, and other public/private partnerships shall address any potential adverse impacts to adopted levels of service standards. Policy 5.6 [Revised text, page 102, 103, 104] *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 3.e. The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50-foot vegetated upland buffer adjacent to abutting a natural water body, and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to abutting to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall Words underlined are added; words struok through are deleted. 48 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** ,'lio'", Future Land Use Element As Adopted by BCC 2-2.07 be required adjacent to abutting wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 3.f.ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to abutting the impacted wetland. E. Airport Noise Area Overlay: [No changes to text, page 105] F. Bayshore/Gateway Triangle Redevelopment Overlay: 105 - 108] *** *** *** *** *** *** *** *** [Revise text, pages *** *** *** *** 4. Properties with access to US-41 East are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #~ 9, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63) to be approved by the Board of County Commissioners at a later time. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties with access to Bayshore Drive, as identified in the Bayshore Driye Mixed Use Zoning Overlay District, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the property must meet the specific development standards that '.vill apply to residential and miRed use development along the Bayshore Drive corridor, and proiect must be integrated into a mixed-use development with access to existing neighborhoods and adioining commercial properties and must comply with the standards identified in Paragraph #~9, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 6. The Bayshore Drive Zoning Overlay '.vill be developed and adopted into the Land Deyelopment Code in the present or next a','ailable amefldment cycle. Expansion of existing commercial zoning boundaries along Bayshore Drive ':,ithin the BayshOfe Drive Mixed Use Zoning Overlay District '",ill not be allo'lIed until the zoning overlay is in place. Non commercially zoned properties withifl the Bayshore Drive Mixed Use Zoning Overlay District may be eligible for ifl fill, Words underlined are added; words struok through are deleted. 49 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2.2-07 2 L 10'.'1 ifltensity commercial deyelopment provided they meet the criteria listed belov/. a. If one parcel in the proposed project abuts commercial zoning on one side, the commercial zoning may be applied for the entire project site. The following requirements must be met: joint access and/or vehicular interconnection; pedestriafl interconnection; and the entire project site must comply ';/ith Division 2.8 of the Land Development Code, as may be modified by the Bayshore Driye Mixed Use ZOfling Overlay. b. The depth of a parcel for which commercial zoning is sought may exceed the depth of the abutting commercially zoned property. ,A~deql:late buffers must be provided between the commercial uses and non commercial uses and non commercial zoning. c. The project mw;t be compatible ';lith existing lafld uses and permitted future lafld uses on sl:lrrounding properties. +Q.. For pP.arcels currently within the boundaries of Mixed Use Activity Center #16... land uses will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. &]. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 9B,. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and #5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following standards: a. Buildings containing only commercial uses are limited to a maximum height of three stories. b. Buildings containing only residential uses are limited to a maximum height of three stories except such buildings are allowed a maximum height of four stories if said residential buildings are located in close proximity to US-41. c. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels/motels will be limited to a maximum height of four stories. e. For purposes of this Overlay, each building story may be up to 14 feet ef building in height shall be considered one story for the first floor only. f. For mixed-use buildings, commercial uses are permitted on the first two stories only. g. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. h. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a -g. -lG2. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible Words underlined are added; words struok through are deleted. 50 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2.07 2t density provided herein. However, Ffor properties within the Coastal High Hazard Area (CHHA), only the affordable-workforce housing density bonus, as provided in-the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. +!- 10. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses... as provided in paragraphs #4 and #5 above... for that portion of the Overlay lying within the CHHA only. , except that 156 d'.:','elling units with direct access to US 11 East shall flOt be counted towards this 388 dwelling I:lnit limitation. These This 388 dwelling units- density bonus pool correspond~ with the number of dwelling units previously entitled to to be rezofled from the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst proiect is not subiect to this density bonus pool. , as provided for below, resulting in a shift of dwelling liRits within the CHH.^... There is no such density bonus limitation for that portion of the Overlay lying outside of the CHH,'\. Rll. The Botanical Garden, Inc. properties located in Section 23, Township 50 South... f:ffitl Range 25 East... and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 13. 'Nithin one year of the effective date of this amendment establishing the Bayshore/Gateway Triangle Redevelopment Overlay, the properties to be de'/eloped '.'lith a botanical garden or other non residential I:lst), will be rezoned from the present 388 residential zoning districts to a non residential zoning district(s). No portion of the d';/elling unit density bonuses '.vithin the CHHA can be utilized I:lnti! a correspoflding number of dwelling units has been rezoned from the botanical gardens site(s), as pro'/ided for above. G. Urban-Rural Fringe Transition Zone Overlay: [No changes to text, pages 108 - 110] H. Coastal Hieh Hazard Area: [New text, page 110] Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is depicted on the Future Land Use Map; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA. ATTACHMENTS [New text, page 110] There are three Attachments to the Future Land Use Element, all pertaining to the Rural Lands Stewardship Area (RLSA) Overlay, as follows: Words underlined are added; words struok through are deleted. 51 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 2L Future Land Use Element As Adopted by BCC 2-2-07 1. Attachment A. Collier County Rural Lands Stewardship Overlay, Stewardship Credit Worksheet. 2. Attachment B, Collier County Rural Lands Stewardship Overlay, Land Use Matrix. 3. Attachment Co Collier County RLSA Overlay, Stewardship Receiving Area Characteristics. FUTURE LAND USE MAP SERIES [Revise text, add four map names, and re- locate maps within FLUE text, page 111 and throughout FLUE document] Add the names of all maps presently located throughout the FLUE text, modify the order on this map list, and re-locate all FLUM maps presently interspersed throughout the text to follow the text so that the complete FLUM series is located together at the end of the FLUE document. Future Land Use Map Mixed Use & Interchange Activity Centers Maps Properties Consistent by Policy (5.9, 5.10, 5.11) Maps Collier Countv NatuFal ReseHFees Wetlands Map Collier Countv Wellhead Protection Areas and Proposed Wellfields and ASRs Map Rivers and Floodplains Map Estuarine Bays Map Soils Map ExistinS! Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Map Existing Sites for Future Public Educational Plants and Ancillary Plants Map Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve - Conservation Designation Map Lely Mitigation Park - Conservation Designation Map Urban - Rural FrinS!e Transition Zone Overlay Map OranS!e Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Davis Boulevard/County Barn Road Mixed Use Subdistrict GoodlettelPine RidS!e Commercial Infill Subdistrict Henderson Creek Mixed-Use Subdistrict Bucklev Mixed-Use Subdistrict LivinS!stonlPine RidS!e Commercial Infill Subdistrict Vanderbilt Beach Road NeiS!hborhood Commercial Subdistrict LivinS!ston RoadlEatonwood Lane Commercial Infill Subdistrict Words underlined are added; words struok through are deleted. 52 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2-2-07 2l Livin2ston Road Commercial Infill Subdistrict MAP/ATTACHMENT CHANGES: 1. Countywide Future Land Use Map: a) change Key Marco (Horr's Island) from Urban Coastal Fringe Subdistrict to Incorporated Areas (gold color) - to reflect its annexation into City of Marco Island. Similarly, change the surrounding islands within the city limits of Marco Island to gold color. b) Change the property at southeast corner of US-41 East and Sandpiper Street (Sandpiper Village PUD aIkIa Ruffina) from Urban Coastal Fringe Subdistrict to Incorporated Areas - to reflect its annexation into the City of Naples. c) Change color of Rural Industrial Subdistrict to dark gray - to distinguish from the lighter gray denoting Urban Industrial. d) Add missing link of Livingston Road between Vanderbilt Beach Road and Immokalee Road. e) Delete "Naples-" in the label "Naples-Immokalee Road". f) New order of Subdistricts within Urban Mixed Use District: 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Davis Boulevard/County Barn Road Mixed Use Subdistrict 15. Livingston/Radio Road Commercial Infill Subdistrict 16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict. g) New order of Subdistricts within Urban Commercial District: 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. LivingstonlPine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict Words underlined are added; words struok through are deleted. 53 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** Future Land Use Element As Adopted by BCC 2E 3 2-2-07 ...... 9. Livingston Road/Veteran Memorial Boulevard Commercial Infill Subdistrict 10. GoodlettelPine Ridge Commercial Infill Subdistrict. j) Add "Lands" to "Neutral" in map label legend so as to read "Neutral Lands". k) Modify FLUM Note as follows: (3) The .'\reas of Environmental Concern Overlay is a general representatiofl of 'lletlands. f4till The Conservation Designation is subject to change as areas are acquired and may include out-parcels. The Futl:lfe Land Use Map Series identifies areas proposed for public acquisition. ~ffi The Future Land Use Map Series includes numerous maps in addition to this countywide Future Land Use Map: these are listed at the end of the Future Land Use Element text the following: Mixed Use I Interchange .'\ctivity Centers; Propertie:; Consistent By Policy afld Collier County \Vetlands. ~ Refer to the Golden Gate Area Master Plan, and the Immokalee Area Master Plan and the Marco Island Master Plan for Future Land Use Maps of those communities. 2. Map FLUE-9 (Zoning Consistent by Policy): Add to title: "Township 48, Range 25 & 26". 3. Map FLUE-10 (Zoning Consistent by Policy): Add to title: "Township 49, Range 25 & 26". 4. Map FLUE-11 (Zoning Consistent by Policy): Add to title: "Township 50, Range 25 & 26". 5. Map FLUE-12 (Zoning Consistent by Policy): Add to title: "Township 51, Range 25 & 26". 6. Map FLUE-13 (Zoning Consistent by Policy): a) Add to title: "Township 52, Range 26 & 27". b) Revise to exclude properties within City of Marco Island. c) Correct San Marco Road from "S.R. 951" to c.R. 92". 7. Map FLUE-14 (Zoning Consistent by Policy): Add to title: "Immokalee Area". 8. North Belle Meade Overlay Map: a) Revise the legend to correct the spelling of "Receiving", and to add "Sending" to "NRPA" so as to read "NRPA Sending". 9. Bayshore/Gateway Triangle Redevelopment Overlay Map Words underlined are added; words struok through are deleted. 54 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** 211 ',"", ' Future Land Use Element As Adopted by BCC 2.2.07 a) Revise the boundary to exclude the property at southeast corner of US-41 East and Sandpiper Street (Sandpiper Village PUD aIkIa Ruffina) as it has been annexed into the City of Naples. 10. Stewardship Overlay Map a) Add approved Stewardship Receiving Area (Ave Maria Town). 11. Attachment C, Collier County RLSA Overlay, Stewardship Receiving Area Characteristics a) Revise to add the word "workforce" in the third footnote so as to read "Affordable-workforce Housing Density Bonus." EAR-FLUE Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final dw/2-2-07 Words underlined are added; words struok through are deleted. 55 *** *** *** *** *** *** *** *** *** *** Indicates break in text *** *** *** *** *** *** *** *** ***** *** T 48 S T 47 S T 48 S T 48 S T 50 S T 51 S T 52 S ~ ... ... ~ I > I ... !I g! u I ~ rll d ~ ~ ' l!l !C i!i ~ ~ ~ ~ i" ~ .. ,. ...!C ~ i i ~ ~ ~ ~ m ..~ ;< . ~ ~ ~ ~ ... z:C'" ~ Si 0( ~ ~ rll 8 ii!~ 8 . ~ 0_. C ~~ O! : I II > > ~ h ~ 5 i < l ~~ ~ ; 0 nn~ g!n ~ :~ iUHi ~ i ~. p ,! f~ · ~f ~~ ~. ~. ~ [[]-I ~I i n ! n n ~ ~ ~ ~ ~ ~ ~ n~ ~ i~ . ~ . ~.i1 I " ii! Ii ! 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'" L~ In N '"' S 8t 1 S it 1 S 6t 1 S OS 1 S IS 1 S ZS 1 S &S 1 .., L COLLIER COUNTY WELLHEAD PROTECTION AREAS and PROPOSED WEllFiELDS AND ASRs ~f1 ~ IMMOKALEE WELLFIELD CR 846 CR 846 COASTAL RIDGE WELLFIELD PROPOSED NORTHEAST REGIONAL WATER TREATMENT PLANT PHASE 1A WELLFIELD AREA ORANGETREE WELLFIELD CR 858 CR 846 lD r-- EAST GOLDEN GATE WELLFIELD PINE RIDGE OJ N 0::: (f) I 75 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GA TE WATER TREATMENT ~ ~ PLANT WELLFIELD \ PROPOSED 5 SOUTH HAWTHORN WELLFIELD EXTENSION o > -1 CD Ul W o <C ...J C) 0::: W > W lD OJ 0::: (f) EVERGLADES CITY WELLFIELD SCALE ~ ~ * WELLFIELD AREA (.) I o I 5MI. RELIABILITY WELLS (BRACKISH OR FRESH WATER) AMENDED - SEPTEMBER 10. 2003 Ord. No. 2003-44 ASR = AQUIFER STORAGE AND RECOVERY PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION SOURCE: COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. 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"' 0 U uZ-' u 0 _w ~ X ~ (J) I~w UJ 0..0..--' " ::J ~gG: u. <> C) 0 '-'~ ~ ;>.:~~ ::J <Xl 0 <> 8~~ 0 "'Z'" ri:~w w::;>- "'0<( o..Uo 7 & FUTURE LAND USE MAP SOilS Western Collier County, Florida -.. HENDRY COUNTY SOILS OF THE MANMAOE AREAS G URBANIZED - UQORTHEtflS - BASINGER ASSOCIATION SOJLS OF THE TIDAL AREAS ~ DURBIN - WULFERT - CANAVERAl. ASSOCIA710N o KESSON - ANCLOTE - PECKISH ASSOCIATION SOILS OF THE SWAUPS, PRAIRIES AND FRESHWATER UARSHES ~. OCHOPEE - PENNSUCQ ASSOCIATION 5. RM~ - BOCA - COPElAND ASSOClA710N 6. WINDER - RMERA - CHOBEE ASSOClAl1ON SOILS OF THE fLATWOOOS, SLOUGHS AND HAMMOCKS ~. PINEDA - BOCA - HAlLANOALE ASSOClAllON 8. IMMOKALEE - BASINGER - OlDSMAR ASSOCIATION 9. HOLOPAW - BASINGER - IMMOKALEE ASSOClA.110N 10. WABASSO - WINDER - HOLOPAW ASSOCIATION PLEASE NOTE ~T THIS LEGEND AND AlTACHEO GENERAl SOILS MAP ARE PREl..JMINARY DRAFTS. MINOR ADJUSTMENTS ARE UKELY BEFORE PUBUCATlON. LEGEND J: '2' o ~ () o c: z ~ JJO:TlRS PASS BIG CYPRESS SWAMP Cl <;;; ..." r ~ =i (j] o " (j] Q r I::l .." X 1'\ X- C> I::l o SCALE I o I 5MI. SOURCE: U.s. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE, JUNE 1988 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DA TE: 9/2006 FILE: LU-94-2006.DWG EACH AREA OUTLINED ON THIS MAP CONSISTS OF MORE THAN ONE KIND OF SOIL THE MAP IS THUS MEANT FOR GENERAL PLANNING RATHER THAN A BASIS FOR DECISIONS ON THE USE OF SPECIFIC TRACTS. . ~ ~ . z z 61: '~'S ::J ::J "- 0 0 u u )- IE et: 0 :J ~ -' 0 :l: U U'l . "' ... 0 ro '" U ... . 0 ... wet: <Xl >:0 <"- N c>:' -'''- < . "' ui i!: '" . . ro 0 . . Ol . "' ... <Xl '" U ~ ~ ~ ~ too 0 w 0 --.l ~ ~~~ u <C x "' g:. 0 GO~ UJ U u z '" VJ 13 15 C) " ~ "- ::J 0 '" ~ ::J '" 0 <I z o Vi z::': 00 FVl uw WU Vl5 >-'" ",w OVl <L-, <L< ::>>- VlZ -,w <:::0" S2~~ ~~w ~~~ 001 zZI"> <<'r Vl>-::> uZ-' -w "':::0" ~@;~ ",-,"- "w > ~~b 1Il 0 Cl~N w-....... 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PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVlCES DIVISION DATE: 2/2006 FILE: BAYGATE-OVERLAY-1C.DWG 2l COLLIER COUNTY RURAL & AGRICULTURAL AREA ASSESSMENT STEWARDSHIP OVERLAY MAP .~~ ~ Ii I (/) ~ -'-- --------------- legend jiHll'i, Open ~ 500ft RastoraUon Zone l'IDIfDlI'l'Ol'FII;COFClllUltC:SRGICOIICAl._ <OIMMrT~""'~I""_CG_ ,.Ttc~rul:CI:MoI4IlJ.lI... . .. , . .... -J Water Retention Alea (WRA) BIll Cyprus National FOlQt _ FlowwaySblward.hlpArea(FSA) 0 AreoofCrttlea/Sla{eConcem ----- H.b11alSleward.hlpAreo(HSA) 0 Sblward.1lpRooolvlngArea (SRA) (.) ~ a () C ~ .l: to) III :i j <( ~ ~ '3 cr: >- III i: ~ o <( en ...J a: >- C ;:, o () ~ '0 () . ~ ... i i )( 1&1 Ul .2 .~ .!l to) f! III .l: () III ~ Ol c "> 'a; ~ a: Q. :c Ul 'E III ~ Gl iii li E ~ X f :> 'c ~ o >- . Q ~ ! f .l! u ;; Q .6. ~ " .. E "- o 1 o ;; !; a: 1; [ E o u o .. Q " g 6 .. o ~ o g. 6 o .. " ~ a o o ;t o O. o " U <( ~ ~ Q. ~.~ & ~~ '. e ~ '" ~ c .. 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" . ~-g ~i c: G> 0-0 Cb i!' ;1 ~i cjr-..: ~~ l,{);.: ~8. ~~ o..c 1! ,2 o .~ ,Q e _ "- !.~ ~-o .. c ~:3 ~,~ c .. " c ." 0-0 '" . ..;.c ~~ i[ ~,s ':-0 ~ ~ ~!gj ~.~'~ ~ ~ fI) .;;.!l" 2? '" ~ . ~.i ~ !H,1 ~:g~5 ;ij ~ ~ ~ ..- 0 a. ~.g ~ ~ .~ ~ ~ 1j gc:';g ~~~~ o IV Ql Q) <!J oS oS ~ :5~~]! ~ I o'~e~ ~ ~~~] I ; ~[.~~ ~ 8.~~~ ~ ~~ ~ ~ ~ .0; " E ~ ~:5 -50 . - ~~g~* ~ (l) ro: >- c:: :I i ~ ~ II .~ ~ ~ ;s8m] ~ ~ ~~~~~~ ~~.~-S~~ i~~@ ~ ~ cuI (,) U l.b I ilI~ jl ~ :- :' :' ~ ~ ~ ~ ~ ~ ~ '" " ~ ;; " -0 -0 " G> OJ II o " o ;;: STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-18 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners l1uu ~ 0'<-. By: Ann Jennejohn, Deputy Clerk 2l 2L May 1, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 EastTamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-lER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (ES.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), ES. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2,2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication ofthe notice of intent pursuant to Section 163.3184(9), ES. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion ofthe amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling ofan administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section 163.3 1 84(8)(c)2, Florida Statutes, requires a local govemment that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2l .~ 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3 1 89(3)(a), ES. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 1810. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- Sincerely, MMlbp Mike McDaniel Chief, Comprehensive Planning Enclosure: Notice of Intent and Statement ofIntent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2~,~ l~t'i':,j · i~'l ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 16, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25,2007; and WHEREAS, 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 AMENDMENTS TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND 1 2 USE MAP AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January. 2007. K, CLERK . rik u.t.~=ls'~. Ch41nMA , '1.~~;~h ",. - '. .":\~ APPRqYEDA:~'J{) FORM AND LEGAL StJFFfCfENCY: ~~~~~D~Fo ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER C"~~~_ . BY..,.t._ m JAMES COLETTA, CHAIRMAN rl~~;n~-' -~ ~~ I _~l~st~J-- , i i ~~~ l~ 2007 GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 2 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 EXHIBIT "A" 2 Goal~, Objectives and Policies Golden Gate Area Master Plan Element GOAL 1: [No change to text, page 5] OBJECTIVE 1.1: [No change to text, page 5] Policy 1.1.1: [Revised text, page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: -l-.A. URBAN - MIXED USE DISTRICT ft: .L. Urban Residential Subdistrict b-:- 2. High Density Residential Subdistrict 1:. Downtown Center Commercial Subdistrict ~. B. URBAN - COMMERCIAL DISTRICT ft: .L. b-:- 2. c. d. e. f:. 1:. g-: 4. h. t:- i. Activity Center Subdistrict Golden Gate Urban Commercial Infill Subdistrict Commercial Under Criteria Subdistrict Interchange Activity Center Subdistrict Pine Ridge Road MiKed Use Subdistrict Santa Barbara Commercial Subdistrict Golden Gate Parkway Professional Office Commercial Subdistrict Dmvntov;n Center Commercial Subdistrict Collier Boulevard Commercial Subdistrict Policy 1.1.2: [Revised text, page 5] The ESTATES Future Land Use Designation shall include!! Future Land Use Districts and Subdistricts for: A. ESTATES - MIXED USE DISTRICT ft:.L. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict B. ESTATES - COMMERCIAL DISTRICT Words underlined are added; words struck through are deleted. 1 Golden Gate Area Master Plan As Adopted by see 2-1-07 4}1. Interchange Activity Center Subdistrict 2 i ~2. Pine Ridge Road Mixed Use Subdistrict 3J: Randall Boulevard Commercial Subdistrict 4,} Commercial Western Estates Infill Subdistrict ~5. Golden Gate Estates Commercial Infill Subdistrict 2) Neighborhood Center Subdistrict 5) Conditional Uses Subdistrict 6) Southern Golden Gate Estates Natural Resource Protection ,\rea Overlay Policy 1.1.3: [Revised text, page 5.1] The AGRICULTURALIRURAL Future Land Use Designation shall include the following Future Land Use District: A. RURAL SETTLEMENT AREA DISTRICT Policv 1.1.4: [New text, page 7] Overlays and Special Features shall include: A. Southern Golden Gate Estates Natural Resource Protection Overlav Policy 1.1.4 ~: [Renumbered, revised text, page 7] Conditional Use requests within Golden Gate Estates shall adhere to the guidelines outlined in the Conditional Uses Subdistrict Description Section. Policy 1.1.~ 6: [Renumbered, revised text, page 7] To obtain Conditional Use approval, a super maiority vote (minimum of 4 votes) requests shall be appro 'led by the Board of Zoning Appeals County Commissioners shall be required by a Super Majority (4/5 vote). Policy 1.1.61: [Renumbered, page 7] Policy 1.1.1 ~: [Renumbered, revised text, page 7] The sites containing existing public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the GGAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.-1-412 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177 (6) (h) and 163.31777, Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants Words underlined are added; words struck through are deleted. 2 Golden Gate Area Master Plan As Adopted by Bee 2.1.07 2...~..p./ Jf; Jit.1 and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.-1-4 li OBJECTIVE 1.2: [No change to text, page 7] Policy 1.2.1: [No change to text, page 7] Policy 1.2.2: [No change to text, page 7] Policy 1.2.3: [Revised text, page 7] Consistent with Florida Chapter 89-169, Florida Administrative Code, Law #89 169, the Florida Cities Water Company Governmental Utilities Authority, or its successor, shall provide updated water and sewer service data to the Collier County Utilities Division Water and Wastewater Authority on an annual basis. Policy 1.2.4: [Revised text, page 8] Due to the continued use of individual septic systems and private wells within a densely platted urban area, the Florida Cities Water Company Governmental Utilities Authority, or its successor, is encouraged to expand their sewer and water service area to include all of that area known as Golden Gate City at the earliest possible time. OBJECTIVE 1.3: [Revised text, page 8] The County shall continue to protect and preserve the valuable natural resources within the Golden Gate s-H:ttly area in accordance with the Obiectives and Policies contained within Goals 6 and 7 of the Collier County Conservation and Coastal Management Element. Policy 1.3.1: [Revised text, page 8] The Planning Collier County Environmental Services Environmeatal Review staff Department shall coordinate its planning and permitting activities within the Golden Gate Area with all other applicable environmental planning, permitting and regulatory agencies units of local governments involved in land use acti'/ities, permitting, and regulating to ensure that all Federal, State and local natural resource protection regulations are being enforced. OBJECTIVE 1.4: [Revised text, page 8] Through the enforcement of the Land Development Code and the housing and building codes, Collier County shall continue to P12rovide a living environment within the Golden Gate Area, which is aesthetically acceptable and enhances the quality of life. Policy 1.4.1: [No change to text, page 8] Words underlined are added; words struok through are deleted. 3 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2~1 .. " GOAL 2: [No change to text, page 8] OBJECTIVE 2.1: [Revised text, page 8] Immediately upon the adoption of Objective ~ublic infrastructure improvements viill be shall be handled guided by the following policies. Policies 2.1.1 through 2.1.4: [No change to text, page 8] OBJECTIVE 2.2: [No change to text, page 9] Policy 2.2.1: [No change to text, page 9] Policy 2.2.~~: [Renumbered, revised text, page 9] Immediately upon adoption of this policy, Collier County shall continue to implement a system for reviewing applications for development in SGGE, which will include the following two step procedure~: Step I: Pre applieati9R ProeeEll:lre: A. Notice to the DEP's Bureau of Land Acquisition of the application within 5 days of receipH.:. B. Notice to the applicant of DEP's acqulSltlOn program, the lack of public infrastructure and the proposed restoration program for SGGE the area;.:. C. Within the notice of DEP's acquisition program, the applicant shall be encouraged to contact DEP's Bureau of Land Acquisition to determine and negotiate whether DEP intends to purchase the applicant's property at fair market value;.:. D. Prior to the processing of an application for development approval, (Step II) the applicant shall provide to the County proof of coordination with DEP. Upon execution of a contract for sale, the f*e-application shall be placed in abeyance pending completion of the purchase by DEP-:-.:. Step II: l'..pplieati9R Review PrgeeEll:lrel E. The County shall review the environmental impacts of the application in order to minimize said impact;.:. F. The County shall apply Section 2.2.24.3.2 4.02.14, Development Standards and Regulations for ACSC-ST of the County's Unified Land Development Code or Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern", whichever is stricter-;--aBEl;-.:. Words underlined are added; words struok through are deleted. 4 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 211, :f/;i P: G. The County shall provide a maximum review and processing time of 180 days from the date of commencement of the pre-app1ication procedure~ before any development permits are issued. GOAL 3: [No change to text, page 9] OBJECTIVE 3.1: [Revised text, page 10] The placement and designation of Neighborhood Centers within Golden Gate Estates shall meet the locational and rural design criteria, to be established as part of the Phase II Golden Gate .\rca Master Plan Restudy .\mendments, to be transmitted during the 2003 Plan .\mcndment Cycle contained within the Estates Designation, Estates-Mixed Use District. Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element. of the Collier County Growth Management Plan. Policy 3.1.1: [Revised text, page 10] Neighborhood Centers within Golden Gate Estates shall be subject to the locationa1 and rural design criteria established within the Estates Designation. Estates - Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element. of the Collier County Growth Management Plan. GOAL 4: [No change to text, page 10] OBJECTIVE 4.1: [Revised text, page 10] Development and redevelopment within Golden Gate City shall focus on the provision of residential and commercial land uses that meets- the needs of the surrounding area. Policies 4.1.1 through 4.1.3: [No change to text, page 10] GOAL 5, 6 and 7 and related policies: [No change to text, pages 11 - 15] BoLAND USE DESIGNATION DESCRIPTION SECTION [Remove numbering, no change to text, page 16] 1. URBAN DESIGNATION: URBAN MIXED USE DISTRICT AND URBAN COMMERCIAL DISTRICT [Revised title, page 16] fhA. Urban-Mixed Use District: [Re-Iettered, no change to text, page 17] It.Urban Residential Subdistrict: [Modify number, page 17] Words underlined are added; words struok through are deleted. 5 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2~1 DENSITY RATING SYSTEM: [Revised text, pages 17 - 18] a) BASE DENSITY - Four (4) residential units per gross acre is the eligible density. though not an entitlement \vhich may be adjusted depending upon the characteristics of the project. In no case shall the maximum permitted density exceed 16 residential d'....elling units pcr gross acrc. W DENSITY BONUSES - Density bonuses are discretionary. not entitlements. and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties. as well as the rezone criteria in the Land Development Code. The following densities per gross acre may be added to the base density.:. 7 In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. i. Conversion of Commercial Zonim! Bonus [Revised text, page 17] . 16 dwelling units - Iff the ~ project includes the conversion of commercial zoning wftieh that has been found to be "Consistent By Policy" through the Collier County Zoning Re-evaluation Program (Ordinance No. 90-23). then is not located '.vithin an ,\cti';ity Ccnter or '.vhich is not consistent '.'lith adopted siting critcria for commercial land usc, a bonus of up to 16 dwelling units per acre may be added for everyone ill acre of commercial zoning wftieh that is converted to residential zoning. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. ii. Proximity to Activity Center . H. dwelling Hnits \Vithin an ,\ctivity Center . 3 dwelling units - Within 1 mile of Activity Center iii. Affordable-workforce Housing Bonus as defined by the ,\ffordable Housing Density Bonus Ordinance (#90 89 adopted Novembcr 22, 1990) [Revised text, page 17] . To encourage the prOVIsIon of affordable-workforce housing within certain Districts and Subdistricts within the Urban Designated Area. a maximum of up to 8 residential units per gross acre may be added to the base density if the proiect meets the definitions and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code. Ordinance No. 04-41. as amended. adopted June 22, 2004 and effective October 18.2004 ). *** *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words struok through are deleted. 6 Golden Gate Area Master Plan As Adopted by Bee 2Rq ~Vj 2-1-07 '~..,..... ;~ ! ~~I "! i.' 2j. High Density Residential Subdistrict [Modify number, page 18] 3). Commereial Under Criteria SulJdistriet: [Delete text, page 21] \Vithin the Urban Mixed Use District certain in fill commerciul development may be permitted. This shall only apply in areas already substantially zoned or developed for such uses. For any project utilizing this Subdistrict, the following criteria shall be met: . The subject parcel is bounded on both sides by improved commercial property or commercial zoning consistent '.vith the Golden Gate ;\rea Master Plan; or, . The sUDject parcel is bounded on both sides by commercial property granted an exemption or compatibility exception as pro'/ided for in the Zoning Re e'.'aluation Ordinance; and . The subject parcel is no more than 200 feet wide, unless otherwise approved by the Board of County Commissioners. . Uses that meet the intent of the C 1fT Commercial Professional and General Office Zoning District shall be bounded on one side by commercial zoning. 413. Downtown Center Commercial Subdistrict: [Relocated, revised text, from page 29] The primary purpose of the Downtown Center Commercial Subdistrict (see Map 17) is to encourage redevelopment along Golden Gate Parkway in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas. such as outdoor dining areas and pocket parks that do not impede the flow of traffic along Golden Gate Parkway. Also. emphasis shall be placed on the construction of mixed-use buildings. Residential dwelling units constructed in this Subdistrict are intended to promote resident-business ownership for employees who v,'ork y.'ithin Golden Gate City or Golden Gate Estates, retirees, and seasonal residents. The provisions of this Subdistrict are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that are compatible with residential development within and outside of the Subdistrict. The Subdistrict allows the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this Subdistrict are low intensity retail. office. personal services. institutional. and residential. Non-residential development is intended to serve the needs of residents within the Subdistrict. surrounding neighborhoods. and passersby. To reduce potential conflicts that may result from residential. commercial and institutional uses in close proximity to one another. existing. non-owner-occupied residential units with frontage on Golden Gate Parkway shall cease to exist no later than Words underlined are added; words struck through are deleted. 7 2j1,fJ iY:i ~t';j Golden Gate Area Master Plan As Adopted by Bee 2-1-07 seven (7) years after the effective date of the adoption of this Subdistrict. This regulation does not require the removal of residential units located on Golden Gate Parkway that are converted to uses permitted in this Subdistrict within one additional year; nor does this Subdistrict require the removal of residential units located elsewhere in this Subdistrict. A. All development or redevelopment within the boundaries of the Downtown Center Commercial Subdistrict shall include: 1. Provisions for bicycle and pedestrian travel. 2. An emphasis on building aesthetics. 3. Emphasis on the orderly circulation of vehicular, bicycle and pedestrian traffic. 4. Provision for broad sidewalks or pathways. 5. Enhanced streetscaping. 6. Proiect interconnections. where possible and feasible. 7. Quality designs for building fac;ades. including lighting. uniform signage and landscaping. B. Permitted uses within this Subdistrict shall include only the following. except as may be restricted in an implementing zoning overlay district. and except as may be prohibited in Paragraph D, below: 1. Those uses permitted by right within the C-l, C-2 and C-3 Zoning Districts. as outlined in the Collier County Land Development Code (LDC) in effect on the date of adoption of this Subdistrict in the GGAMP; and. 2. Residential uses permitted by right in the existing residential zoning districts in this Subdistrict. 3. Those permitted uses that may be allowed in an implementing zoning overlay district. C. Conditional uses allowed by this Subdistrict shall include only: 1. Those conditional uses allowed within the C-l, C-2 and C-3 Zoning Districts. as outlined in the LDC in effect on the date of adoption of this Subdistrict in the GGAMP; 2. Those conditional uses allowed. by the LDC in effect on the date of adoption of this Subdistrict in the GGAMP. within existing residential Zoning Districts in this Subdistrict; 3. Those conditional uses that may be allowed in an implementing zoning overlay district; and. 4. Outdoor dining areas not directly abutting the Golden Gate Parkway right- of-way. Words underlined are added; words Gtruok through are deleted. 8 Golden Gate Area Master Plan As Adopted by see 2ft] 2-1-07 D. Prohibited uses in this Subdistrict are as follows: 1. Automatic food and drink vending machines located exterior to a building. 2. Any commercial use employing drive-up, drive-in or drive-through delivery of goods or services. 3. Enameling. painting or plating as a primary use. However, these uses are permitted if secondary to an artist's or craft studio. 4. Single-room occupancy hotels. prisons, detention facilities. halfway houses, soup kitchens or homeless shelters. 5. Uses as may be prohibited in an implementing zoning overlay district. E. For multi-story buildings: 1. Retail. personal service, and institutional uses are allowed on the first floor; 2. All uses allowed by this Subdistrict, except restaurants and cocktail lounges, are allowed on the second floor; and. 3. Only residential uses are allowed on the third floor. F. All development and redevelopment on property abutting Golden Gate Parkway shall have a zero (0) foot front yard setback requirement. G. Parking regulations shall be as follows: 1. A minimum of three (3) public parking spaces for each 1.000 square feet of commercial floor area. 2. A minimum of L Y2 parking spaces for each residential unit. 3. No parking is allowed in the front yard on lots abutting Golden Gate Parkway. 4. There shall be no parking requirement for outdoor restaurant seating areas. 5. Shared parking is required. where possible and feasible. B. Urban Commercial Districts [Revised, relocated text, from page 18-31] H. Mixed Use Activitv Center Subdistrict [Revised text, page 18] The Activity Center designated on the Future Land Use Map is intended to accommodate commercial zoning within the Urban Designated Area. Activity Centers are intended to be mixed-use (commercial, residential, institutional) in character. The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The size and configuration of the Activity Center is outlined on Map 4. Words underlined are added; words struck through are deleted. 9 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2~4f The standard for intensity of commercial uses allowed within each Activity Center is tfl.at: the full array of commercial uses allowed in the C-1 through C-5 Zoning Districts as identified in the Land Development Code (Ordinance No. 04-41, adopted June 22, 2004 and effective October 18. 2004) may be allowed. Hotels and motels that locate within an Activity Center will be allowed to develop at a density consistent with the Land Development Code Zoning Ordinance. LAJI new residential zoning shall be consistent vlith the Density Rating System. Residential density for residential proiects located within the boundaries of the Mixed Use Activity Center shall be allowed to develop at a density of up to 16 residential units per gross acre. This density may be distributed throughout the proiect, including any portion located outside of the boundary of the Mixed Use Activity Center. f2t. Golden Gate Urban Commercial Infill Subdistrict [No change to text, page 21] 3) COlHfHereial Under Criteria Subdistriet [Deleted text, page 21] 'Nithin the Urban Mixed Use District certain in fill commercial development may be permitted. This shall only apply in areas already substantially zoned or developed for such uses. The following standards, \-vhich limit the intensity of uses, must be met: a) The sl:1bject parcel must: . Must be bounded on both sides by improved commercial property or commercial zoning consistent '.'lith the Golden Gate .'\rea Master Plan; or, . Must be bounded on both sides by commercial property granted an exemption or compatibility exception as provided for in the Zoning Re evaluation Ordinance; . Should not exceed 200 feet in width, although the width may be greatcr at the discretion of the Board of County Commissioners. Uses that meet the intent of the C Iff Commercial Professionalffransitiona1 District are only required to be bounded on one side by improved commercial property or consistent commercial zoning or commercial property granted an exemption or compatibility exception as provided in the Zoning Re evaluation Ordinance. 4) Interehange .-\etivity Center Subdistriet [Relocated to Estates Designation, Estates - Mixed Use District, Residential Estates Subdistrict, page 23] On the fringes of the Golden Gate L'\rea Master Plan boundaries, there are several parcels that are located v/ithin the Interchange .\ctivity Center it 10 at I 75 and Pine Ridge Road as detailed in the County wide Futuro Land Use Element (FLUE). Parcels 'lIithin this L\ctivity Center are subject to the County 'J,'ide FLUE and not this Mastcr Plan. See Map 6 for a dctailed map of this .-\ctivity Center. Words underlined are added; words struck through are deleted. 10 Golden Gale Area Master Plan As Adopted by see ,. 2_.11 2-1-07 .. !~f~! 5) Pine Ridge Road Mixed Use 8ubdistFiet [Relocated to Estates Designation, Estates - Mixed Use District, Estates - Commercial Subdistrict, page 23] Adjacent to Interchange l\cti',ity Center #10 on the west side of I 75 and on the north side of Pine Ridge Road is a property comprising 16.23 acres located to the \-vest of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Usc Subdistrict and consists of Tracts 1, 12, 13 and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The inte8t of the Pine Ridge Road Mixed Use Subdistrict is to provide for a mix of both retail and office uses to provide for shopping, and personal ser',ices for the sl:lfrounding residential areas within a conyenient travel distance, and to provide commercial scrvices in an acceptable manner along a collector roadway, Livingston Road. \Vell planned access points will be used to improve current and future traffic flows in the area. 'Nithin this Subdistrict no more than 35,000 square feet of office related uses on .13.2 acres are permitted ',vithin the eastern portion of this property '.vhich includes a portion of Tract 28 and a portion of Traet 13. LA~ maximum of 80,000 square feet of gross leaseab1e retail or office area, as allowed in the Commercial Intermediate District (C 3) of the Collier County Land Deyelopment Code as of the effective date of the adoption of this Subdistrict [Ordiflance No. 03 01, adopted January 16, 2003], are permitted within the western 10.52 acres of this property. The C 3 uses are not an entitlement. Such uses '.vill be further evaluated at the time of rezoning approval to insure appropriateness in relationship to sl:lrrounding properties. Building heights shall be limited to 35 feet. }~ reZ08e to such pcrmitted principal uses shall be encouraged to be submitted as a Planned Unit Deyelopment for the western 10.52 acres of the subject property, with special attention to be provided for shared access. VI ater management, lmiform landscaping, signage, screening afld buffering '.vill be provided at the time of rezoning to ensure compatibility '.vith nearby residential areas, and subject to the following additional criteria: . There shall be no access onto Liyingston 'Hoods Lane. . There shall be a minimum setback area along the north property line of 75 feet. . Driveway access, parking and water management facilities may be allowed 'lIithin the 75' setback area along the north property line but none of these uses shall be located closer than 30 feet to the north property line. . No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted. . The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as ':/etlands and 80 development may occur within this area. . Within the ..;estern 10.52 aeres, a loop road/easement will be constructed through the property to provide access from Pine Ridge Road to Liyingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this Subdistrict. 63-}. Santa Barbara Commercial Subdistrict [Renumbered, text, page 25] Words underlined are added; words struok through are deleted. 11 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2......~..'...t.'. )"4 .. ~. ~-! +4:t. Golden Gate Parkway Professional Office Commercial Subdistrict [Renumbered, page 27] 8) DowRtowR CeRteF CommeFeial SHbdistFiet [Relocated to Urban Designation, Urban Mixed Use District, pages 29 - 31] The primary purpose of the Downtovlll Center Commercial SHbdistrict (see Map 17) is to encourage redevelopment along Golden Gate Park'Nay in order to improve the physical appearance of the area and create a 'liable downtO\.vn district for the residcnts of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian oriented areas, such as outdoor dining areas and pocket parks, v;hich do not impede tHe flow of traffic along Golden Gatc Park'Nay. ,^Jso, emphasis shall be placed on the construction of mixed use buildings. Residential d'.velling units constructed in this Subdistrict are intcnded for cmployees vlho '.vorle within Golden Gate City or Golden Gate Estates, retirees, and seasonal residents. The provisions of this Subdistrict are intended to ensme harmonious development of commercial aad mixed use buildings at a pcdestrian scale that are compatiblc with residential dcvelopmcnt \vithin and outside of thc Subdistrict. The Subdistrict allows the aggregation of properties in order to promote fleJdbility in site design. The types of uses permitted within this Subdistrict are low intensity retail, office, personal services, institutional, and residential. Non residential developmcnt is intended to serve tHe needs of residents within the Subdistrict, surrounding neighborhoods, and passersby. To reduce potential conflicts that may result from residential, commercial and institutional uses in close proximity to one another, existing, non owner occupied rcsidential units located along Golden Gate Parkway shall ceasc to exist no later than seven (7) years after the effective date of the adoption of this Subdistrict. This regulation does not requirc the remo'/al of residcntial units located on Golden Gate Parkway that are cOll'lerted to uses pcrmitted in this Subdistrict ',vithin one additional year; nor does this Subdistrict require the removal of residential units located e1se'.vhere in this Subdistrict. 'Nithin one year of the eff-ective date of this Subdistrict, tHe Land Deyelopment Code shall be amendcd to establish a zoning overlay containing regulations to implement this SHbdistrict: ,^... ,^..ll development or redevelopment within the boundaries of the DovlntO'.vn Center Commercial Subdistrict shall include: 1. Provisions for bicycle and pedestrian tra'lel. 2. ,'\n empHasis on building aesthetics. 3. Emphasis on the orderly circulation of 'lehicular, bicycle and pedestrian traffic. 1. Provision for broad sidewalks or patHways. 5. Enhanced streetscaping. 6. Project interconnections, where possible and feasible. Words underlined are added; words struck through are deleted. 12 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2~.l'..i ~~,l\ Fj 7. Quality designs for building facades, including lighting, uniform signage and landscaping. B. Permitted uses within this Subdistrict shall include only the follov;ing, except as may be restricted in an implementing zoning overlay district, and except as may be prohibited in paragraph D, below: 1. Those uses permitted by right vii thin the C 1, C 2 and C 3 zoning districts, as outlined in the Collier County Land Development Code (LDC); and, 2. Residential uses permitted by right in the existing residential zoning districts in this Subdistrict. 3. Those permitted uses that may be allov;ed in an implementing zoning overlay district. C. Conditional uses allowed by this Subdistrict shall include only: 1. Those cOflditiona1 uses allov.ed within the C 1, C 2 and C 3 zonIng districts, as outlined in the LDC; 2. Those conditional uses allowed within existing residential zoning districts in this Subdistriet; 3. Those conditional uses that may be allowed in an implementing zoning oyerlay district; and, 1. Outdoor dining areas not directly abutting the Golden Gate Parkv/ay right of ';;ay. D. Prohibited uses in this Subdistrict are as follows: 1. '^1utomatic food and drink ';ending machines located exterior to a building. 2. .\ny commercial use employing drive up, drive in or dri';e through delivery of goods or services. 3. Enameling, painting or plating as a primary use. Hovlever, these uses are permitted if secondary to an artist's or craft studio. 4. Single room occupancy hotels, prisons, detention facilities, ha1blay houses, soup kitchens or homeless shelters. 5. Uses as may be prohibited in an implementing zoning overlay district. E. For ffil:llti story buildings: 1. Only retail, personal service, and institutional uses are allowed on the first fleer, 2. .\ll uses allov/ed by this Subdistrict, except restaurants and cocktail lounges, are allowed on the second floor; and, 3. Only residential uses are allowed on the third floor. Words underlined are added; words struok through are deleted. 13 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2M F. ,-\11 development and redeyelopment on property abutting Golden Gate Parkway shall have a zero (0) feet front yard setback requirement. G. Parking regulations shall be as follov;s: 1. ,-\ minimum of three (3) public parking spaces for each 1,000 square feet of commercia! floor area. 2. ,-\ minimum of 1 h parking spaces for each residential unit. 3. No parking is allo';/ed in the front yard. 1. There shall be no parking requirement for outdoor restaurant seating areas. 5. Shared parking is required, '.vhere possible and feasible. H. Outdoor restaurant seating shall be permitted to encroach upon a public sidev;alk provided that a minimum 5 feet clearance remains bet',veen the seating area and the streetward edge of the sidewalk. 95t. Collier Boulevard Commercial Subdistrict [Renumbered, page 31] 2. ESTA TES DESIGNATION [Revised text, page 32] This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. Intensifying residential density shall not be permitted. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings. are prohibited in all Districts and Subdistricts in this Designation, aoA. Estates-Mixed Use District [No change to text, page 32] 1 t. Residential Estates Subdistrict [Revised text, page 32] Single-family residential development may be is allowed within the Estates Mixed Use District this Subdistrict at a maximum density of one unit per ~ 2.25 gross acres, or one unit per ttflles.s the lot is considered a legal non-conforming lot of record, exclusive of guesthouses. 2J Neiehborhood Center Subdistrict [Renumbered, relocated text, from page 32] . Immokalee Road and Everglades Boulevard Center [Revised and relocated text from page 33] The Immokalee Road and Everglades Boulevard Center is located in the S\V and SE quadrants of the intersection (see Map 13) and the parcels lie east and south of the Fire Station. The portion of the Center lying south of the Fire Station is approximately 5.15 acres in size and consists of Tract 128, Unit 47. The Words underlined are added; words Gtruol{ through are deleted. 14 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2M southeast quadrant of the Center, lying east of the Fire Station, is approximately 4.05 acres in size and consists of Tracts 113 and 16, Unit 16. The Immokalee Road and Everglades Boulevard Center is located in the southwest and the southeast quadrants of the intersection. This Center consists of three Tracts: Tract 128, Unit 47, is 5.15 + acres and is located within the southwest quadrant of the Center, south of the fire station: and, Tracts 113 and 16, Unit 46, are 4.05 +acres and 5.15 + acres respectively, and are within the southeast quadrant of the Center, east of the fire station. Sf3. Conditional Uses Subdistrict [Renumbered, relocated text, from page 41] B. Estates - Commercial District [New text, page 43] 411. Interchane:e Activitv Center Subdistrict [Renumbered, relocated text, from page 23] On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interchange Activity Center # 10 at 1-75 and Pine Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Activity Center are subiect to the County-wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. Sf2. Pine Ride:e Road Mixed Use Subdistrict [Renumbered, revised, relocated text, from page 23] This Subdistrict is adiacent to the northwest quadrant of Interchange Activity Center #10, west of the Naples Gateway PUD, and comprises 16.23 acres. It consists of Tracts 1, 12, 13 and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The intent of the Pine Ridge Road Mixed Use Subdistrict is to allow for a mix of both retail and office uses to provide for shopping and personal services for the surrounding residential areas within a convenient travel distance and to provide commercial services appropriately located along a collector roadway, Livingston Road. Well-planned access points will be used to improve current and future traffic flows in the area. Within this Subdistrict no more than 35,000 square feet of office-related uses on +3.2 acres are permitted within the eastern portion of this property. which includes a portion of Tract 28 and a portion of Tract 13. A maximum of 80,000 square feet of gross leaseable retail or office area, as allowed in the Commercial Intermediate District (C-3) of the Collier County Land Development Code in effect as of the effective date of the adoption of this Subdistrict rOrdinance No. 03-01, adopted Januarv 16,20031, are permitted within the western 10.52 acres of this property. The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning application to insure appropriateness in relationship to surrounding properties. A rezoning of the western 10.52 acres is encouraged to be in the form of a Planned Unit Development. Regulations for water management, uniform landscaping, signage, Words underlined are added; words struok through are deleted. 15 Golden Gate Area Master Plan As Adopted by see 2-1-07 screening and buffering will be included in the rezoning ordinance to ensure compatibility with nearby residential areas, and shall be subiect to the following additional criteria: 2~? . There shall be no access onto Livingston Woods Lane. . Shared access shall be encouraged . Building heights shall not exceed 35 feet. . There shall be a minimum setback area of 75 feet along the northern property line. . Driveway access, parking, and water management facilities may be allowed within the 75 foot setback area along the northern property line. but none of these uses shall be located closer than 30 feet to this line. . No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted. . Within the eastern portion of Tract 28, 2.2 acres, more or less, shall be preserved as wetlands and no development shall occur within that area. . Within the western 10.52 acres, a loop road shall be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this Subdistrict. 4.st Randall Boulevard Commercial Subdistrict [Renumbered, page 38] 5.6t Commercial Western Estates Infill Subdistrict [Renumbered, page 40] +:l2.: Golden Gate Estates Commercial Infill Subdistrict [Renumbered text, page 44] 3. AGRICUL TURALIRURAL DESIGNATION RUR!,..L SETTLE~fENT !,..REA DISTRICT [Revised text, page 47] Rural Settlement Area District This area consists of Sections 13, 14,23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 2ih day of January, 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested." This area is now known as comprised of the Orange Tree PUD and Orange Blossom Ranch PUD, and the types of uses permitted in this District include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. Words underlined are added; words Gtruok through are deleted. 16 Golden Gate Area Master Plan As Adopted by see 2-1-07 By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status. The geographic expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. 2 All if} 4. OVERLA YS AND SPECIAL FEATURES [New heading, page 47] Southern Golden Gate Estates Natural Resource Protection Overlav [Relocated text from page 43] MAP AMENDMENTS FOR GOLDEN GATE AREA MASTER PLAN ELEMENT Map 1 - GOLDEN GATE AREA MASTER PLAN STUDY AREAS [Relocate Map to end of document after text, page 3] Map 2 - GOLDEN GATE AREA FUTURE LAND USE MAP - Reformat the Map Legend consistent with the countywide FLUM, to include: Designations for Urban, Estates, and Agricultural/Rural; Districts for Mixed Use and Commercial within the Urban and Estates Designations; a single District for the Agricultural/Rural Designation; and, Subdistricts within each Mixed Use and Commercial District; and add a new heading/category for "Overlays and Special Features"; aHd remove/delete "Residential Density Band" to correlate with changes to the Density Rating System; and, Delete "Naples" in the label "Naples - Immokalee Road". [Relocate Map to end of document after text page 6] Map 3 - HIGH DENSITY RESIDENTIAL SUBDISTRICT/1989 BOUNDARIES OF ACTIVITY CENTER [Relocate Map to end of document after text, page 19] Re-numbered Map 4 - DOWNTOWN CENTER COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 21] Re-numbered Map 5 - URBAN MIXED USE ACTIVITY CENTER/GOLDEN GATE PARKWAY AND CORONADO PARKWAY [Relocate Map to end of document after text, page 26] Words underlined are added; words struck through are deleted. 17 Golden Gate Area Master Plan As Adopted by Bee 2-1-07 2M Re-numbered Map 6 - GOLDEN GATE URBAN COMMERCIAL INFILL SUBDISTRICT AND GOLDEN GA TE EST A TES COMMERCIAL INFILL SUBDISTRICT [Relocate Map to end of document after text, page 25] Map 7 - SANTABARBARA COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 28] Map 8 GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 30] Re-numbered Map 9 - COLLIER BOULEVARD COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 32] Re-numbered Map 10 - PINE RIDGE ROAD (C.R. 896) - INTERCHANGE ACTIVITY CENTER AND PINE RIDGE ROAD MIXED USE SUBDISTRICT [Relocate Map to end of document after text, page 34] Re-numbered Map 11 - GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS [Relocate Map to end of document after text, page 36] Re-numbered Map 12 - WILSON BOULEVARD/GOLDEN GATE BOULEVARD CENTER [Relocate Map to end of document after text, page 38] Re-numbered Map 13 - COLLIER BOULEVARD (C.R. 951)/PINE RIDGE ROAD CENTER [Relocate Map to end of document after text, page 39] Re-numbered Map 14 - EVERGLADES BOULEVARD/GOLDEN GA TE BOULEV ARD CENTER [Relocate Map to end of document after text, page 40] Re-numbered Map 15 - IMMOKALEE ROAD (C.R. 846)/EVERGLADES BOULEVARD CENTER [Relocate Map to end of document after text, page 41] Re-numbered Map 16 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT [Relocate Map to end of document after text, page 40] Re-numbered Map 17 - COMMERCIAL WESTERN ESTATES INFILL SUBDISTRICT [Relocate Map to end of document after text, page 45] Re-numbered Map 18 - GOLDEN GATE PARKWAY INTERCHANGE CONDITIONAL USES AREA [Relocate Map to end of document after text, page 48] EAR-GGAMP Adopted by Bee G: eomprehensive/EAR Amendment Modifications/Bee Adoption Final mm.dw/2-1-07 Words underlined are added; words struok through are deleted. 18 URBAN DESIGNA liON rtJ to- .,. "'" .......OIeTftICT OUAllillN A'ESlOEHTlALSU8bIS'lltlCT HIIll"DOISlT"l'''ESIO['''''AlSUIlOlSTlI'ICT . llOWIITOYlN CENlER COIolIol[JlCI-'L SIJI0l5TRICT C~LOIITlICT .WIXrouSEloClNTYCDiTERSOlKllSTlIICT . ~s:,;,.1J.~"'" CWWEllCl..... OSANTol.1l1JllLl,RACOWWEJIClillLSUBOISTRlCT . ~~:~~KW~=J,s'ONAL III CCiU.I[JI' llOUl,(VARD COIoIWERCIAl SUElOI5TRICT LEGEND MOlID VIE DlaTlllCT o RESlOENTIALCSTATtSSU8()1STltlCT CONDITIO"lALUSESSU9OlSTltlCI DNElg,10R1-l000CENTERSU8Ot5Tl1lCf o RURALSET'Tl..O.lonillFlU.OISTJlICT AGRICUL1UftAL/RURAL DESIGNATION ESTATES DESIGNATION OVERLA Y8 AND SPECIAL FEA TURU ~SOUTHEll'N GOl.IlCl CAlE r5TillTES NillTURillL l;;:;;;jMSO.JRCXPllOTEcnOJ<lAROO\IERL./lY C~CUlLDlIITftlCT .1N~Cli~TII~TYTH~~~ISTlIICT lAND UK ELJ:lo<<Nf IN Tti[ liMP) .~NEIlIOGE:ROAD~ktDUSE5U801STRlCT . RANDAll 8WU""Allb COWl,llERCillL SUMlISTJIICT . ~~~~~'i"N ESTATES O~UC:O~~TT"'TESCl)WU(RCIAl ,... \ \ ....~ RESlOOlTh\l. liEN$lTY8AND 11115 W...,. CN*IOT II( INTERPRETED ilHl10lJT THE GOALS. oaJECTI'<E:5. I"OUClES AM) L>>IO uS[ DESIGNATION OESCllIl"TlON SECllON OF THE GCllllOlCAlE ME:AIU.S1EfIPl.AN. rtJ <:L) .,. "'" ~ .,. VANDERBILT BEACH ROAD rtJ 0> .,. IMMOKALEE ROAD Q > "" '" Q :; > ~ "" "" 8 '" z .. < <.;i is "" '" '" < > .. "" ::> g z 55 "" ; MAP 2 ~\\~f~ 21 GOLDEN GATE AREA FUTURE LAND USE MAP '" -( o '" " z :; "" ::> 0- ~ '" o 0- '" :;: PIN RIDGE RD. "'" rtJ o "" "'" < ... z < DA VIS BOULEVARD '" S.R.84 GOLDEN GATE FIIT\.IRI! LAND UaE MAP' AOOPTED - fEBRUARY, 1991 AMENOED - ~AY 19. 1992 lolAY 2~. 1993 rtJ AIr,4ENOEO - JJL Y 27, 199J .- "" "'" Al.4f.NOED APRil 12, 199. Al.4ENOEO - l.4ARCH 14. 1995 A~e:NDED OCT08ER 27, 1997 AMENDED - APRIL 14, 1996 Al.4ENDEO - SEPID.48ER 5, 1998 AWENDED - FEBRUARY 2J. 1999 AMENDED - ~AY 9, 2000 A~ENOED - MARCH 13. 2001 ,ol,MENDfD - l.4A"( 14, 2002 AMENDED - SEPTEl.l8ER 10, 200J OliO. NO. 2003-<< Al.4ENOED OCTOBER 26. 2004 ORD. NO. 200.- 71 AMENDED - JANUARY 2~, 2005 ORO. NO. 2OO~-3 IMMOKALEE ROAD OIL WELL ROAD RANDALL BOULEVARD GOLDEN GATE BOULEVARD '" '" ., '" > .. '" "" ., ::> > ~ .. "" ::> ~ gJ '" -( g "" " i '" .. > '" .. S.B. 84 '" '" < > .. "" ::> :g g Pi '" <.;i .. :; "" o () (.) I"'"" - I o 1 MI SCALE , , , I 2 Ml ,) MI. 4 10.11. 5 MI. PREPARED BY: CIS/CAD Ir,4APPING SEcnON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION fiLE: GGflU-2006-1.DWG DATE: 2/2007 R 26 E R 27 E '" ----.r --..... _-W- ...l --,--, "''';:l'- --e --",,-, ----ft -, --'--e-' -<-- ' "" -----0- -------,:C-- _..~" ~- R 28 E " '" iU I I 2' 'i"J .. ',..... ~ kl ~ "4 ~ ~ '-'''-l ... :;,; ~ S; ~'-'~ ~l;j~ ~~:il ~o::' ~'-'''' ~ ~ 'M'S J.J]&S lUSt' ,."'" II E-.. ... ~ 0 0 '" ~ <D- E-.. "'I'- ~ ~ ffiJ q @ [38 0 >-'" ~ ~ g~ Ct) ~ '.,; o~ o..:J ~ ~ ~o "- ~ ~ g 0 0 00:: '" ~ ~ I:t:1 :1 ~ ~ dI < O:::i ::!: c.J 8 ~ ~ ~~ t- I:t:1 .... ~a f E-.. ~ ~ 8 _''6. c.J ~ ~ :<; ~ 0 0 ~ ~ 0 q ~ Z o Vi z~ 00 ;::(11 Uw wu (115 t--O:: o::W 0(11 0.-, 0.<" ::>t--o ",zo <t!~~ UZN -0 Zo::: .. i55~ ~Qo 00 ZZ <<(9 ",t--:;: uZo -w,....: I:::;,O 0.0.0 <ON 0::-'1 (9~< )..:::5~ <D 1 8~~ o::z(9 ...:::>(9 a.:::;' w~w 0::0-' Cl..uG: MAP 5 ~ URBAN MIXED USE ACTIVITY CENTER GOLDEN GATE PARKWAY AND CORONADO PARKWAY 2~"J COLLIER COUNTY, FLORIDA D: AMENDED - JANUARY 25, 2005 Ord. No. 2005-3 ~ URBAN MIXED USE ACTI\,1TY CENTER GOLDEN GATE PARKWAY ANa CORONADO PARKWAY LEGEND PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FilE: CPSS-2004-1B-2007,DWG DATE: 2/2007 SCALE I I I o 500FT 1 DOOn ~ ACTIVITY CENTER BOUNDARIES MAP 6 2M GOLDEN GATE URBAN COMMERCIAL INFILL SUBDISTRICT AND f't GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT ~ COLLIER COUNTY. FLORIDA Z o in 5 50 "'''' uw WU "'5 >-"' gs~b <l.-,o <l."'N =>>-'- "'ZN ....J~ .. ;3 ~5~ ~ 5~C o f!!~ -..;- ~ ~ ~~~ ~O tI)~r--: ~ ~ ~~~ PJ 0 ~~ t (f)z a::..J~ <.:l~1 I"E :;.;~g 00 CD 0 ~ o~1' tJ ~~~ ~ ~~w ",0-' a..ui:i: )i '" '" '" '" w w w w ::> ~ ~ ~ ~ ~ z << << << << << << ~ ~ ~ '" "' ~ re - O~V^ J.h~J6b~'1 QC1= - ,- I\CD f-:--I~-c:::J~ I II ---, 0- - " ::; '" w w => ~ ~ .. z ~ ~ w '" " D &C IrnD II 10 ! I IF~ f--=. 11-- I ~ ,OD:Q~~J,rngam ~ ~bl lorn '" ~ ~~~~ ~ ~ '" ~ I I I I 31n08 NV::lO I I I II I I ~1J - ~ " " c '" vi ~ ~ w => Z m << << Z "' '" ~ N D D 0-' "- o o '0 OJ o OJ II '.- W ..J '" U (J) o _/ .. ...J ~ u~ /rU ~~ W:::;;(I) ~8Ci <:) m z[3VJ W~...J O~...J ~ MAPS COLLIER BOULEVARD COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA ~ eOUlEYARD . iii THE OAKS -'PARTI.i[NTS ~ + +@+ + + . ~ . ~ ~ m ~ . ~ ~ ~ R~~ GOLDEN GA T[ INN . COUNTRY CLUB ! ADOPTED - OCTOBER 26. 2004 Ord, No. 2004-71 PREPARED BY, GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-51 A- 2007,DWG DA TE: 2/2007 SCALE 200FT 400FT 17TH AVENUE s..W. 11llH A\ltNUE S.W. 21ST AIJEHUE s.w. 23RO A~ S.W. . 2;~:4 LEGEND COLLIER BOULEVARD COMMERCIAL SUBDISTRICT "'-{f7 ~~.t- '7~ ~~.-~ 1 ~.~ l ci ii II ~ ~ c; ii i }. _ i ~ ~y ow^""" ~ j""'7. f) ,. 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Z ~ -I:t: .l";I;':l l";I;':l _ 8 f:Q co z ...... o ~ l";I;':l ,.., ..... 0 - a.. . 0 l";I;':l <( ~><Zl><: ~ 08<- __ ;:!l . > 0 OE:: < < 0 0 ~ < I:t: l";I;':l l";I;':l o 0 o 0 - - ~ I:t: l";I;':l l";I;':l Z Z - - j;l., j;l., ~ 5 Vi ::> o 5eJ FU u::> ~ffi lJ) I- gj<i.-.. 0.1-0 a.zo OJ"'''' (/)::l!'- z'" -'0 <0:: .. 2::>~ zz< :l:LUO Uc ~z<> 0<'" zl-O <~n lJ)::l!' ~~~ :1:-" ~~2 "'LU'" ~o9- ;.;~a. (JJz~ ~~<> ;::~~ OU~ 4( r<) o o N c5 ~-.t [51 (Dr<) ::::;;0 ~~ 0.... wo (J)z 1-0 00 w o z w ::::;; <( MAP 11 J 21.'<" ,~~."/ GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, Florida ~ IMMOKALEE ROAD OIL WELL ROAD IMMOKALEE ROAD o > -.l rn z o U1 -.l 3' o > -.l rn (f] w o <{ -.l Cl a::: w > w GOLDEN GATE BOULEVARD WHITE BLVD. o > -.l rn a::: w ::J -.l o U INTERSTATE - 75 AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003-44 AMENDED - OCTOBER 26, 2004 Ord. No. 2004- 71 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECllON COMMUNITY DEVELOPMENT AND ENV1RONMENTAL SERV1CES DIVISION FILE: GGMP-47-2007-2.DWG DATE: 2/2007 GOLDEN GATE ESTATES NEIGHBORHOOO CENTERS LEGEND _ NEIGHBORHOOD CENTERS o 1 MI 2 MI ." MAP 12 t WILSON BOULEVARD/GOLDEN GATE BOULEVARD CENTER Collier County. Florida ~ IMMOKALEE LEGEND ~ GOLDEN GATE ESTATES ~ SETTLEMENT AREA ADOPTED - SEPTEMBER 10, 2003 Ord. No. 2003-44 I I I o 1/2 MI, 1 MI. D NEIGHBORHOOD CENTER PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY OEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-43-2007-2.DWG DATE: 2/2007 " MAP 13 COLLIER BOULEV ARD/PINE RIDGE ROAD CENTER Collier County, Florida ~ LEGEND ADOPTED - SEPTEMBER 10, 2003 Ord. No. 2003-44 ~ GOLDEN GATE ESTATES NEIGHBORHOOD CENTER I I I o 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-46-2007-2,DWG DATE: 2/2007 MAP 14 GOLDEN GATE BOULEVARD/EVERGLADES BOULEVARD CENTER Collier County, Florida ~ IMMOKALEE LEGEND ~ GOLDEN GATE ESTATES ~ SETTLEMENT AREA ADOPTED - SEPTEMBER 10, 2003 Ord. No. 2003-44 I I I o 1/2 MI. 1 MI. D NEIGHBORHOOD CENTER PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-45-2007.DWG DATE: 2/2007 MAP 15 IMMOKALEE ROAD/EVERGLADES BOULEVARD CENTER Collier County, Florida ~ IMMOKALEE ROAD IMMOKALEE LEGEND AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003-44 AMENDED - OCTOBER 26, 2004 Ord, No. 2004- 71 ~ GOLDEN GATE EST A TES ~ SETTLEMENT AREA I o I 1/2 MI. I 1 MI. D NEIGHBORHOOD CENTER PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-44-2007,OWG OATE: 2/2007 MAP 16 "'""" "'-1 ..1'1 --';'. ";, -- j ... ~ RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Collier County, Florida ~ IMMOKALEE LEGEND AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003-44 ~ GOLDEN GATE ESTATES ~ SETTLEMENT AREA I I I o 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-21-2007,DWG DATE: 2/2007 .. MAP 17 COMMERCIAL WESTERN ESTATES INFILL SUBDISTRICT Collier County, Florida ~ It:l to- NAPLES-IMMOKALEE ROAD r.:l Eo< <: Eo< u:J ~ r.:l Eo< ~ COMMERCIAL WESTERN ESTA TES INFILL SUBDISTRICT T BEACH BOAD EXT\ ~ ~ <: >- r.:l ....:l ::> o !:Xl LEGEND AMENDED - SEPTEMBER 10. 2003 Ord. No. 2003-44 AMENDED - OCTOBER 26, 2004 Ord. No. 2004- 71 ~ GOlOEN GATE EST A TES I I I o 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FilE: GGMP-48-2007.DWG DATE: 2/2007 MAP 18 GOLDEN GATE PARKWAY INTERCHANGE CONDITIONAL USES AREA ~ Collier County, Florida Q < o i:t: o Z ..... ...J ...J ::> ll.. I Eo< i:t: o ll.. ~ < GOLDEN GA TE PARKWA Y INTERCHANGE CONDITIONAL USES AREA RADIO ROAD PINE RIDGE ROAD GOLDEN GATE PARKWAY DAVIS BOULEVARD EXT. LEGEND ADOPTED - SEPTEMBER 10, 2003 Ord. No. 2003-44 ~ GOLDEN GATE ESTA TES I I I o 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DE~LOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-49-2007,OWG DATE: 2/2007 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-19 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boar~ ~f' County Commissioners . I ~~O~. ( ,,'j. By: Ann Jennejohn, Deputy Clerk 2r~ 2M May 1, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement ofIntent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2,2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order ifno timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section 163.3 1 84(8)(c)2, Florida Statutes, requires a local govemment that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2"~ rt~ 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Govemment Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MMlbp Enclosure: Notice of Intent and Statement of Intent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2; ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, 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 AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP 1 2 / AND MAP SERIES Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. , CLERK t-dk_ :.,9t~.W\: t<J Ch4 1 rill.. , S 1'Ift1~ro.a 1 ., . , "... ....... " \;' APPRO>\IffirJ).'AS'TO FORM AND LEGAL SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~AMES c~:~ -, ,/ 0IhJ ' - on. ~-~ MARJ~. STUD'ENT-STIRLlNG ASSISTANT COUNTY ATTORNEY 2007 IMMOKALEE AREA MASTER PLAN AND IMMOKALEE ARE MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES. .. "-'----1 Item# d~ . :J:\u-4:9-.s1~1-1 . D',' ".9.1 " I q. ~ 1 ~~(~ .~1+0-1---,: ~~2 L~:,,~.~.,_.~ ~'" ,/..."~J Immokalee Area Master Plan As Adopted by Bee 1-30-07 EXHIBIT "A" 2~l III. IMPLEMENTATION STRATEGY frevised text. paee 11 This section is where places the plan is placed into effect. Implementation strategies include the Goals, Objectives, and Policies, and the Land Use Designation Description Section. A. GOALS, OBJECTIVES AND POLICIES Goal I: [deleted text, page 1] POPULi'.. TION CO."...L 1: TO Mf..INT."..IN A HICH QU,,"...LITY OF POPULf..TION ESTIMATES THA T E1\iPLOY ,,"..N APPROPRI.".. TE 1\HX OF CENSUS 1\iETHODOLOCIES CONSISTENT WITH FLORID,,"... ST.".. TE PLANNINC REQUIRE1\iENTS ."..ND THE UNIQUE NEEDS OF THE I1\iMOKALEE COMMUNITY. Objeetive 1.11 [deleted text, page 1] Provide accurate annual estimates of the housing units and the population residing in the Immokalee comffi\:lnity. Poliey 1.1.1: [deleted text, page 1] Employ timely Immokalee population estimates in establishing and maifltcMning adequate housing and LC'lel Of Service (LOS) Standards to ensure the community is adequately served by the Immokalee urban area's sanitary se'.ver, solid ':/aste collection, sub surface drainage, and potable water systems; roads; and recreational facilities. Poliey 1.1.2: [deleted text, page 1] Pro',ide for an uncomplicated and efficient process of gathering and monitoring the population related information generated by the independent Immokalee V-later and Se\ver and Fire districts; the Collier COlmty Public Schools; State of Florida entities including, but not limited to, the departments of Agriculture, Community Affairs, Health and Rehabilitative Services, and Labor and Employment Security; and Federal entities including but not limited to the Public Health Service and the U.S. Postal Ser/ice. Goal II: [revised text, page 2] L"..ND USE GOAL II 1: TO GUIDE LAND USE SO AS TO ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY, ENVIRONMENTAb Words underlined are added; words Eltruok through are deleted. 1 * * ** * ** * '* ** '* *** *** * '* '* ** * ** '* ** '* '* ** * * ** **** '* ** *** I n d icates b rea kin text * '* '* ** '* ** '* * '*.,.. **** * '* '* '* ** '* *** * * ** '* '* * *** * *** '* *** * * * '* '* '* 2~1 Immokalee Area Master Plan As Adopted by Bee 1-30-07 QU,A..LITY1 AND SMALL-TOWN CHARACTER, ~ STABLE NEIGHBORHOODS, AND ~ STATUS AS nIE AN URBAN HUB FOR THE SURROUNDING AGRICUL TURAL REGION1 TOURISM INDUSTRY. AND THE IMMOKALEE AIRPORT'S DESIGNATION AS A PORT-OF-ENTRY. Objeetive II OBJECTIVE 1.1: [revised text, page 2] Unless otherwise permitted in this Master Plan for lmmokalee, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Subdistricts shall be binding on all Development Orders effective with the adoption of the Master Plan for Immokalee. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; maintain and develop cohesive neighborhood units; promote a sound economy; and discourage undesirable growth and development patterns. Standards and permitted uses for each Immoka1ee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. (This objective shall supersede Objective 1 in the Countyv/ide Future Land Use Element of the Growth Management Plan.) Policy 1:1. 1.1.!: [revised text, page 2] The Immokaloe Master Plan URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT A Residential Designation 1. Low Residential SubdDistrict 2. Mixed Residential SubdDistrict 3. High Residential SubdDistrict 4. Neighborhood Center Subdistrict 5. Commerce Center - Mixed Use Subdistrict 42. POOlanned Unit Development Commercial SubdDistrict 7. Recreational Tourist Subdistrict B. URBAN - COMMERCIAL DISTRICT B. Commercial Designation 1. Commercial SubdDistrict - S.R. 29 and Jefferson Ave. 2. Neighborhood Center District 3. Commerce Cen.ter Mixed Use Distriet 4. Recreational Tourist District C. URBAN - INDUSTRIAL DISTRICT C. Industrial Design.ation Words underlined are added; words Gtrl,lok throl,lgh are deleted. 2 * **** ** * * ** *** *** * *** ** * '* '* '* * ** *** * * ** '* It ** '* ** '* '* '* I nd icates b rea kin text '* '* ** '* * ** *** ** ** * *.. **...* *. '*.. ** *** '* * ** * **...... *.* * * * '* * Immokalee Area Master Plan As Adopted by Bee 1-30-07 1. Industrial SubdI}istrict 2. Commerce Center - Industrial SubdI}istrict 3. Business Park SubdI}istrict 2~, Policv 1.1.2: Overlays and Special Features include: D. Overlays and Special Features 1. Urban Infill and Redevelopment Area Standards and permitted uses for each Immokalee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. (This Policy shall supersede Policies 1.1 and 1.3 in the County v;ide Future Land U~;e Element of the Gro'.vth Management Plan. In addition, the Immokaloe Master Plan Future Land Use Map shall be used instead of the County wide Future Land Use Map.) Policy 1I.1.1.~~: [revised text, page 3] Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance in the Land Development Code, adopted by Ordinance No. 04-41. as amended, on June 22, 2004 and effective October 18,2004, as amended. Policy II. 1.1.~: [policy renumbered, page 3] Policy II. 1.1.4~: [policy renumbered, page 3] Policy II. 1.1.~: [policy renumbered, page 3] Poliey II.1.lt: [deleted text, page 3] By 1998, the Comprehensive Planning Section will re'/ic'l,' existing land uses and zoning patterns '.vithin the South Immokalee Rede'lolopment District and prepare a zoning o'ierlay that ....ill address incompatibility of land uses and inappropriate land development standards that will act as an incentive to encourage ne'N construction and rehabilitation in the area. Policy 11.1.1.7: [revised text, page 3] The sites containing eXIstmg public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the lAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE, Policy 5.1~4 and Intergovernmental Coordination Element, Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15,2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants Words underlined are added; words struok through are deleted. 3 * ** ** * * *** *** ***** * ** * * ** * ** * * ** * * * ** ** ** * ** ** * Indicates brea kin text * *** * * * *** * * * *** * * * ** ** *** * *** ** * *** *** * * * * ** * ** * * Immokalee Area Master Plan As Adopted by Bee 1-30-072 N and ancillary plants shall be allowed in zoning districts as set forth in FLUE, Policy ~ 5.15. Land Use Designation Description Section: [text relocated, page 4] [This Section has been relocated to follow the Goals, Objectives and Policies Section.] Objeetive II. OBJECTIVE 1.2: [revised, relocated text, from page 12 to page 4] By 2005, Reinstate the former Main Street Program under a new name to provide a means for improveing the physical appearance of the commercial building stock by 10% ffi along the Main Street corridor, \vithin the Program area from First Street to Westclox Street. Policy II. 1.2.1: [revised, relocated text, from page 12 to page 4] The Immokalee Master Plan and Visioning Committee, in coordination with the Community Redevelopment Agency Advisory Committee, shall work with a consultant to develop a plan that focuses on the development and/or redevelopment of commercial structures and businesses along Main Street. Beginning in 1997, the Building Immokalee Together Project in conjHnction with the Main Stroot Project shall provide a comprehensive approach to the redevelopment of South Immokalee. Items to be addrossed include: compatibility traffic impacts parking buffering setbacks architectural character slgnage re use/redevelopment iacentiyes pedestrian circulation oconomic incentives Policy II. 1.2.2: [revised, relocated text, from page 12 to page 4] Collier County staff, in cooperation with various Immoka1ee community groups, may seek partnership opportunities with the local Community Redevelopment Agency Advisory Committee, Front Porch, Weed and Seed and other ~Alternative funding sources will be investigated by 1998 in order to promote and/or expedite the development or redevelopment of commercial businesses and structures within the Main Street Program area. implementation of the Building Immokalee Together Project and the Main Street Program. Objeetive II. OBJECTIVE 1.3: [revised, relocated text, from page 13 to page 4] Encourage innovative approaches in urban and project design wffieft that enhance both the environment and the visual appeal of Immokalee. Words underlined are added; words struck through are deleted. 4 ******* **************** ****** ****************** I ndicates break in text********************* ******************* ******* *** Immokalee Area Master Plan As Adopted by Bee 2~f 1-30-07 Policy II. 1.3.1: [revised, relocated text, from page 13 to page 4] Collier County staff will continue to work with the Immokalee community By September 1998, the Public VI arks Division and the Community Development and En':ironmental Services Division shall seek to identify alternative funding sources to afHi-implement a programming for, streetscape, linked open-space and pedestrian and bicycle amenities that are compatible with an overall redevelopment strategy. the Immokalee Main Street program and Redevelopment Plan. Paliey 11.3.2: [deleted text, page 13] \Vhen a proposed project clearly demonstrates benefit to low to moderate income citizens by promoting affordable housing or enhances the local economy by crcating employment opportunities, the Board of County Commissioners may direct, as necessary, amendments to the Immokalee Master Plan or Land Development Code to proyide for the proposed project. OlJjeetive II. OBJECTIVE 1.4: [revised, relocated text, from page 14 to page 5] Provide land use designations, criteria and zoning wffieh that recognizes the needs of that significant portion of Immokalee's population '..vhich is primarily pedestrian~ in nature. Policy 11.1.4.1: [revised, relocated text, from page 14 to page 5] Comprehensive Planning staff will continue to coordinate with the Transportation Division regarding its existing and future plans for sidewalks. pathways and other forms of alternative transportation for the Immokalee community. Implementation of the Comprehensivc Bike',vaylPedestrian Plan \-vill be consistent '.vith the goals of the Building Immokalee Together Project and the Main Street Project. These two projects should be considered when funding priorities are reviev/ed to assure a concentrated approach to redevelopment. Policy 1.4.2: [new text, page 5] Collier County staff. ill cooperation with the local Immoka1ee Community Redevelopment Agency Advisory Committee. shall consult with the Collier County Pathways Advisory Committee regarding enhancing and improving the existing pathway and sidewalk facilities. Policy 1.4.3: [new text, page 5] Collier County shall encourage pedestrian-friendly design for future proiects located within the Immoka1ee Urban Area. OlJjeetive II. OBJECTIVE 1.5: [revised, relocated text, from page 15 to page 5] The Collier County Board of County Commissioners Rrecognizesffig the increasing need for farm labor, to support the County's agricultural industry and te encourages the provision easure an adequate number of decent, safe, healthful, and affordable housing units for farm workers in Immokalee"" The sites for housing provision for farm labor housing '''vorkers. as identified in Section 5.05.03 of the Collier County Land Development Code. wffieh complies with s-S.ection 10D-25 of the Florida!.s- Words underlined are added; words &tn:IGk thr-ol-:lgh are deleted. 5 ************* **************** ****************** I nd icates break in text*****......**..****.*****..***.*.******* ****** **** Immokalee Area Master Plan As Adopted by Bee 2 1-30-07 Administrative Code (F.A.C.). and the Housing Code of Collier County shall be designated so as to keep pace with the population. Policy II..- 1.5.1: [revised, relocated text, from page 15 to page 5] New development for housing for seasonal, temporary or migrant workers shall be permitted in any land use designation provided that such housing is they are permitted under Section lOD-25. F.A.c.. and does not conflict with the existing zoning districts or the Immoka1ee Area Future Land Use Mmap. Policy 11..-1.5.2: [revised, relocated text, from page 15 to page 5] Transient housing for farm laborers as identified as "Transient Housing" or "Migrant Labor Camps", as defined by Section lOD-25.. ef F.A.c.. may €aft also be developed in areas designated for commercial land use1i on the Immokalee Aft-rea Future Land Use Map. if they Such housing must conform to meet the requirements delineated in of the G-4 General Commercial Zoning District (C-4) of the Collier County Land Development Code. as amended. regarding development standards, parking, landscaping and buffering requirements and to the extent such housing is are also permitted under Section lOD 25.. of F./\.C. Goal III: [revised, relocated text, from page 16 to page 6] 1I0USINC GOAL m~: CREATE AN ENVIRONMENT WITHIN WHICH ALL WORKING, DISABLED AND RETIRED RESIDENTS, AND THEIR IMMEDIATE RESIDENT FAMILIES, WILL HA VE A REASONABLE OPPORTUNITY TO PROCURE SAFE, IIK\LTIIFUL SANITARY, AND AFFORDABLE HOUSING CONSISTENT WITH THE DESIRED DEVELOPMENT CHARACTER OF THE AREA AS IDENTIFIED IN THE IMMOKALEE AREA MASTER PLAN. Objective 1II.l2.1: [revised, relocated text, from page 16 to page 6] Collier County shall promote the conservation and rehabilitation of housing in Immokalee neighborhoods. Policy 111.1.1 2.1.1: [revised, relocated text, from page 16 to page 6] Expansion of urban facilities and services shOl:lld shall enhance and ef maintain the viability of existing urban residential areas. Needed public infrastructure improvements in these areas should shall receive priority in the Capital Improvement Element. Policy 111.1.2 2.1.2: [revised, relocated text, from page 16 to page 6] Collier County shall Aassist in upgrading existing neighborhoods through active code enforcement, remo'/ing blighting influences, and concentrating providing capital improvements, in such neighborhoods. Words underlined are added; words struck through are deleted. 6 * **** ***... *... ** ** * ** ** * ** *** ** * * ** ***...... ** ** * *** * * I nd icates b rea k in text"'''' *** * *... *... ** * ** * **** * ** * ** * *... *... * * * ** * * * *... ** *** ** * * Immokalee Area Master Plan As Adopted by see 2 1-30-07 Policy 2.1.3: [new text, page 6] Collier County shall Bensure that government services and facilities needed to support housing are provided concurrent with development and meet the demands of the Immokalee Community. Objective IIY 2.2: [revised, relocated text, from page 17 to page 7] Collier County will has collected and will use the data resulting from the Immokalee Housing Initiative Program Survey respond to the housing nceds identified to identify the current housing stock in order to address the affordable-workforce housing needs of the area. in the housing study of Immokalee by county initiatives \'lhich will rcducc the cost of housing development for lovl and very lo\.... income households. Policy 2.2.1: [new text, page 7] The County Operations Support and Housing Department will analyze the data collected from the Immokalee Housing Initiative Program Survey and establish a process for revitalizing Immoka1ee' s neighborhoods. Policy 111.2.1 2.2.2: [revised, relocated text, from page 17 to page 7] The County shall continue to pursue research ffite initiatives such as land banking of foreclosed upon land foreclosed due to County held liens, land grants from County and other public holdings, and as ','loll as tax incentives for private owners who commit to developingmeat fef affordable-workforce housing for very 10\'1 income, and lov; income, and othcr \-vorking class families. Objective IIY 2.3: [revised, relocated text, from page 18 to page 7] By January 2005, -l-99& tThe County will have in place a pilot plan of continue to explore and provide innovative programs and regulatory reforms te that reduce the costs of development and maintenance of safe, and healthful sanitary.,.--iffiti- affordable-workforce housing for !ew, aRd very low, and other 'Norking class income households in Immokalee residents. Paliey 111.3.1: [deleted text, page 18] By December 1997, the Community Development and En';ironmental Services Division will develop tV/O pre approved housing plans and their specifications for use by lo',v income families and non profit de',elopers. The project 'Nill explore the development of 1,2,3, and ~ bedroom housing, expandable housing and duplex prototypcs. Policy 111.3.2 2.3.1: [revised, relocated text, from page 18 to page 7] On November 18. 2003. the Board of County Commissioners approved $1.85 million in economic and housing incentives. These incentives shall continue to provide for fee payment assistance. property tax stimulus. impact fee deferrals, and economic development. By September 1998, the County l\ttorney's Office \-vill research those steps under la',y to provide deferral for at least t\VO ycars the ad Valorcm taxes and special assessments for new apartments built for and rented to very 10"',' and 10'.'1 income households. Words underlined are added; words ctFl;/sk through are deleted. 7 ******* * *************** ************* ****** ***** I ndicates break in text*************************** ****** ******* ****** **** Immokalee Area Master Plan As Adopted by see 2~.'..'.~ . L_ ~ 1.30-07 Policy 111.3.3 2.3.2: [revised, relocated text, from page 18 to page 7] The County Operations Support and Housing Department Housing and Urban Improvement Department of the Community Development and Environmental Seryices Division will continue to promote public/private partnerships that address the availability of affordable-workforce housing by te improvinge existing processes and implementing new processes a process of te networking tfle resources among tfle private developers~ aft€I. contractors~ especially among appropriate County officials, and these Immokalee residents in the market for seeking affordable housing. so as to create a full public/private partnership to address housing starts the affordabi1ity and ayailability of housing Policy 111.3.4 2.3.3: [revised, relocated text, from page 18 to page 7] The Code Enforcement Department will prioritize the enforcement of codes related to substandard housing that constitutes are a serious threat to the public~s health, safety and welfare", aft€I. when needed \-",ill enforce E~licies on demolition of such structures will be enforced and the Code Enforcement Board will be used to levy appropriate fines. Policy III.3.S 2.3.4: [revised, relocated text, from page 18 to page 7] The Community Development and Environmental Services Division will research and develop strategies to replace and/or provide affordable-workforce housing through non.: profit providers throughout the Immokalee Community Redevelopment Area. in and around the South Immokalee area that is compatible with the Rcde'/elopment Plan. Objective 111.4 2.4: [revised, relocated text, from page 19 to page 8] There shall be an annual effort to coordinate with federal, state, local; and private agencies to seek funding to meet the housing needs as identified in the Housing Element of the Compreheflsive Growth Management Plan and to assure consistency with federal, state, and local regulations in regards to concerning migrant lafttllabor camps. Policy 111.4.1 2.4.1: [revised, relocated text, from page 19 to page 8] The County Operations Support and Housing Department County's Housing and Urban Impro'/ement Department of the Community Development and Environmental Services Division will meet with representatives of the Rural Economic Development Administration to improve the County's ability to attract ffiefe government grants and loans to develop affordable-workforce housing for very low and low incomc Qnd other workiflg class households. Policy 111.4.2 2.4.2: [revised, relocated text, from page 19 to page 8] By September -l-99& 2007, the Community Development and Environmental Services Division will review the State of Florida's Environmental Health and Housing Code requirements for those units licensed as migrant labor camps. If warranted based upon Words underlined are added; words E:trblok through are deleted. 8 ... * **.. **... *** * *... ** *... * ** *** ** * * * * *...... * * *... *.. ** *... * ** *1 ndica tes b rea kin text.'" **... * **... ** *... ** * ** ** *.. *** * ** * ** *... ** *** * * * * ** * * *... * Immokalee Area Master Plan As Adopted by Bee 2...M . ... i ~.i; 1-30-07 that review, the Division will initiate appropriate and make modifications as determined appropriate to the Collier County Housing Code based on the rcvie'.v. Policy 111.4.3 2.4.3: [revised, relocated text, from page 19 to page 8] The County Manager>. or his designee>. in cooperation with the Florida Department of Health, shall be responsible for collaborating to make an annual report to the Board of County Commissioners on identified "living quarters for tt>re four or more seasonal, temporary or migrant farm workers" as defined in Chapter lOD-25>. F.A.c. and prepared by HRS. The report shall include recommendations on improvements needed to ensure County code and F.A.c. compliance and suggested amendments to County codes \vhich arc restricting codes that may restrict needed rehabilitation and new developments. Policy 111.4.4 2.4.4: [revised, relocated text, from page 19 to page 8] Continue to cooperate collaborate with all private groups seeking to furnish shelters for the homeless, and/or abused women and children in Immokalee. Goal IV: [revised, relocated text, from page 20 to page 9] CONSERV.Aa TION GOAL W J: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF ITS NATURAL RESOURCES AS DICTfaTED REQUIRED IN THE GROWTH MANAGEMENT PLAN. Objective IVrl- 3.1: [revised, relocated text, from page 20 to page 9] The County shall continue to protect and preserve natural resources within, and adjacent te;- the Immokalee Urban Designated Area and on adiacent lands within the Rural Lands Stewardship Area Overlay in accordance with the GrO'.'1th Management Plan. Policy 1".1.1 3.1.1: [revised, relocated text, from page 20 to page 9] The Immokalee Area Master Plan shall be updated as appropriate to reflect the recommendations resulting from the programmatic commitments of the Conservation and Coastal Management Element of the Growth Management Plan. Policy 3.1.2: [new text, page 9] Collier County shall ensure that government services and facilities related to the conservation and management of natural resources are made available to the Immokalee Community. Goal V: [revised, relocated text, from page 21] RECREATION GOAL :v~: IN A COST EFFICIENT MANNER. PROVIDE AMPLE,2 HIGH QUALITY AND DIVERSE RECREATIONAL OPPORTUNITIES Words underlined are added; words ctruok through are deleted. 9 * * * *** * * * *** * * * ** * * ** ** * * * * * * * *** * * ** * ** * * ***** I n d ica tas b rea kin text * * * ** * * * * * ** * ** * * ** * ***** * * * * * * * * ** ** * * * * *** ** * * * * Immokalee Area Master Plan As Adopted by see 1-30-02 FOR THE IMMOKALEE COMMUNITY TYPICA..LL Y PROVIDED BY THE PUBLIC IN f.. COl\fMUNITY THE SIZE OF IM1\fOKALEE, FOR ALL I1\fMOK:\LEE CITIZENS IN i'.. COST EFFICIENT Mi\NNER. Objective Vel 4.1: [revised, relocated text, from page 21] Collier County shall implement a parks and recreation program for Immokalee that is equivalent to Collier County standards, taking into consideration plans that reflect citizens' recreational preferences and offer recreational opportunities te for all age groups. Policy Vd:-.l4.1.1: [revised, relocated text, from page 21] By September.. 1998, Collier County's Public Services Division shall complete and publish for public comment, and adopt a 5 year plan and budget for parks and recreation that '.'lou1d meet the needs and characteristics of the total population (seasonal and permanent) of Immokalee. In accordance with Obiective 3.1. and subsequent policies, of the Recreation and Open Space Element, the County Parks and Recreation Department shall, by 2010, develop a Community and Regional Park Plan. The plan and budget will be based upon such things as a survey of the preferences and priorities of Immoka1ee's seasonal and permanent population. The survey should include: a. Questions concerning community-wide and neighborhood park recreation issues. b. Differentiates by neighborhood the estimates of the population's priorities among alternative combinations of types of parks and recreation sites, facilities, equipment, and services. c. Be conducted during peak permanent and seasonal population periods. Policy ~ 4.1.2: [revised, relocated text, from page 21] The County Public Services Division may locate Ffuture parks \-"ill be encouraged to leeate within the designated Neighborhood Centers-;- and within other areas that serve the needs of the community. but will not be limited to these arcas. This may be accomplished through funding methods, including.. but not limited to, the County's purchase of land, private sector land donations, or through an interlocal agreement between Collier County and the Collier County School Board. Policy 4.1.3: [new text, page 10] Collier County shall ensure that government services and facilities related to parks and recreation are provided concurrent with the impacts of development. Words underlined are added; words otrl:lok throblgh are deleted. 10 "* * * * * * ** * ** * * ** * ** * ** * * ** * *** * * *** * ** * **** * ** * * Indicates b rea kin text * * ** * * ** * * * * * ** * * * * * ** * * * ** ** * ** * * *** *** * ** *** * * ** Immokalee Area Master Plan As Adopted by Bee 1.32. ~J Goal VI: [revised, relocated text, from page 22] TR.\NSPORT.-\ TION COf",L ,: THE FUTURE L-\ND USE Pf",TTERN SHALL BE SUPPORTED BY A NET'VORK OF RO.\DS, PEDESTRI.-\N W!", YS, f",ND BlKEW.\ YS TH.AA T M:.AAINT.-\INS I1\f1\iOKALEE'S SM.A",LL TOWN CH.-\R.A",CTER, YET ACHIEVES EFFICIENT i\ND 8.A",FE TRAFFIC MOVEMENT. GOAL 5: FUTURE GROWTH AND DEVELOPMENT SHALL BE SUPPORTED BY A NETWORK OF ROADS. SIDEWALKS. AND BIKEPATHS THAT ARE EFFICIENT AND SAFE. AND ENHANCE AND PRESERVE IMMOKALEE'S SMALL TOWN CHARACTER Objective VI.l5.1: [renumbered, relocated text, from page 22] The County shall provide for the safe and convenient movement of pedestrians, motorized and non-motorized vehicles. Paliey VI.1.1: [deleted text, page 22] The County's Metropolitan Planning Organization Section of the Community Development and Environmental Services Division shall complete a transportation study for the Immoka1ee Urban Designated i\rea by September 1999. ORce completed and accepted by the Board of County Commissioners, the Immokalee Master Plan shall be amended to incorporate the transportation study. The study 'Nill revie\v existing road'.vay conditions, identify deficiencies and make recommeadations considering all of the follo'/ling: a. Consider all recommendations in the Collier County 5 Year Bicycle 'Nays Plan; b. Give highest priority to completion of the grid network with consideration of those segments identified in the Transportation soction of the Support Document; c. Identify all right of way on a thoroughfare rights of \vay protection map; and d. Establish a loop road. Policy VI.1.2 5.1.1: [revised, relocated text, from page 22] The Traffic Circulation Map in the Transportation Element will graphically depict Immokalee's future roadway network, and identify specific roadway improvements needed to implement the Immokalee Area Master Plan~ Future Land Use Map and will be updated as new information is available. These improvements will be prioritized and placed into the Capital Improvement Element after further transportation analysis is completed. Words underlined are added; words strblok throblgh are deleted. 11 *." * * * * 1( * ****** * *** * * *1r* * *." * ** * * ** * * **." *** * ***** I n d icates b rea k in text * * * ** * * * *." ** * **." * ** * *." * ** * ** * * *."." *** * ** * * * ** *." ** * * Immokalee Area Master Plan As Adopted by Bee 1-30-07 Policy VI.l.3 5.1.2: [revised, relocated text, from page 22] The Collier County 5:Year Bicycle 'Nays Pathways Plan, prepared by the Metropolitan Planning Organization with the assistance of the Pathway Advisory Committee, shall give priority to linking existing and future residential neighborhoods to each other, designated neighborhood centers, commercial, employment and public service areas. This plan will reflect the unique needs of the Immoka1ee community and also take into consideration the need for pedestrian walkways in Immokalee. 2M Policy VI.1.4 5.1.3: [revised, relocated text, from page 22] Existing and future bikeways bikepaths for the Immokalee community shall be graphically depicted on the Traffic Circulation Map of the Immokalee Master Plan, and shall become part of within the Collier County 5: Y ear Bicycle \Vays Pathways Plan. Policv 5.1.4: [new text, page 22] The County Transportation and the Community Development and Environmental Services Divisions shall ensure that sidewalks and bikepaths constructed by or for the County are provided concurrent with the impacts of development and meet the demands of the Immokalee Community. [NOTE: There is no Goal VII; the original Master Plan adopted in 1991 contained this numbering error] Goal VIII: [revised, relocated text, from page 23 to page 12] ECONOMIC GOAL :vm ~: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY AS DETAILED IN THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN Objective VIII.1 6.1: [revised, relocated text, from page 23 to page 12] The County shall promote economic development opportunities throughout the Immokalee Urban Area. Prepare a plan for economic development for the Immokalec Area-: Policy VIII.1.1 6.1.1: [revised, relocated text, from page 23] The County, in cooperation with the Immokalee Chamber of Commerce, the Collier County Airport Authority, and the Economic Development CounciL shall continue to promote economic opportunities at the Immoka1ee Regional Airport and the surrounding commercial and industrial areas. By 1997, the Community Development and Environmental Services Division shall prepare a county wide economic plan that ,:..ill include an "\ction Plan v/ith recommendations and incentives to enhance and diversify the local economy. Words underlined are added; words struck through are deleted. 12 '* '* ** ** * * * ** '* '* ** '* ** '* * '* '* * ** *** * * * **** ** '* * *** '* ** * '* Indicates b rea kin text * ** ** '* ** '* '* ** '* ** * '* ** *** ** '* * * *** ** * * ** * ** '* '* ** *** ** * '* Immokalee Area Master Plan As Adopted by see 1-30-07 Policy VIII.1.2: [deleted text, page 23] The Community Development and Environmental Services Division and the .:\irport '^1uthority shall promote the deyelopment of the Immokalee Airport and surrounding commercial and industrial areas as set forth in the lmmokalee '^1irport Master Plan. 2N Policy VIII.l.3: [deleted text, page 23] Develop and initiate a program in 1997 to promote the incentives of Enterprise Zonc designation. Policy VIII.1.4 6.1.2: [renumbered, relocated text, from page 23] The Community Development and Environmental Services Division will coordinate with the Collier County Sheriff's Department on investigating and pursuing any funding opportunities available under the Safe Neighborhood Act to assist with enhancing the Immokalee community. Crime Prevention Through Environmental Design (CPTED) principles shall be encouraged in all development standards. Policy VIII.1.5 6.1.3: [revised, relocated text, from page 23] Collier County staff in cooperation with the Economic Development Council and other Immokalee community agencies shall ~oordinate with the Collier County School Board to ensure that the employment skills and training needed are available for the types of industries located in the Immokalee Community. Policy 6.1.4: [new text, page 23] Ensure that economic policies, programs and incentives pursued by Collier County within the Immokalee Urban Area are managed so as to provide a benefit to the community. LAND USE DESIGNA TION DESCRIPTION SECTION [relocated, no text changes, from page 4] A. Urban - Mixed Use District [new text] The purpose of this District is to provide for residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain recreation/tourist and commercial uses are also allowed subiect to criteria. R-esideRtial DesigoatioR [deleted text, from page 4] This designation is intended to accommodate a '1aricty of residential land uses iflcluding single family, duplex, multi family, and mobile homes, ':lhich does not preclude seasonal, temporary and migrant farmworker housing. 1. Low Residential SubDdistrict r revised title and text. relocated text. from Dal!e 41 The purpose of this designation is to provide a Subdistrict for a low density residential district development. **************************************************************** Words underlined are added; words e:trbJck through are deleted. 13 .. * ** * **.............. ***.. *.. * ** * *** ** **........ **.. ***.. ** *** I nd icates b rea kin text * **.. *.. **.. * * * * *** ** **............ **** * * *** *** ** ** **.. ** * ** Immokalee Area Master Plan As Adopted by Bee 1-30-07 2. Mixed Residential SubDdistrict , 2f'} r revised title. relocated text. from paS!e 41 3. HiS!h Residential SubDdistrict r revised title and text. relocated text. from paS!e 41 The purpose of this designation is to provide fef a Subdistrict ef for high density residential development. ***************************************************************** 4. NeiS!hborhood Center SubDdistrict r revised title. relocated text. from paS!e 61 5. Commerce Center Mixed Use SubDdistrict r revised title. relocated text. from paS!e 71 6. Planned Unit Commercial SubDdistrict r revised title. relocated text. from paS!e 81 7. Recreational Tourist SubDdistrict r revised title. relocated text. from paS!e 81 The purpose of this SubdBistrict is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract both tourists and residents while preserving the environmental features of the area. Uses permitted allowed within this Subdistrict include: passive parks,~ nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities (including: hotel/motel, rental cabins, bed & and breakfast establishments, and campsites,t restaurants; recreational vehicles parks; sporting and recreational camps; low-intensity retail uses; single family homes; agriculture; and tbese essential services as defined in the Land Development Code. Residential development is permitted at a density of less than or equal to four (4) dwelling residential units per gross acre, or less. Transient lodging is permitted at a maximum density of eight (8) ten (10) units per acre. Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The minimum acreage requirement for a PUD within this SubdBistrict shall be two (2) contiguous acres. Nonresidential Uses [relocated text, from page 4] Densitv RatinS! System [new text] The Density Rating System is only applicable to areas designated Urban. Mixed Use District. as identified on the Immokalee Future Land Use Map. The Density Rating System is applicable to the Low Residential Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded. except for the density bonus provisions for affordable-workforce housing. Except as provided below. the final Words underlined are added; words ctruol{ throbl~h are deleted. 14 ** ** ** '* '* *** * * '* ** ** '* *** * ** '* ** * * * * ** * * * '* '* ** '* * '* * '* * I nd ica tes b rea kin text * * * * '* * ** '* ** * * ** * * ** '* ** * '* '* * * ** *** * *** *** * * * '* ** * * '* * * Immokalee Area Master Plan As Adopted by Bee 1-30-07 determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone). Density achieved by right shall not be combined with density achieved through the rezone public hearing process. 1. The Density Ratinl! System is applied in the followinl! manner: [new text] a. Within the applicable Urban designated areas, a base density of 4 residential dwelling units per gross acre is allowed. though not an entitlement. The base level of density may be adiusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for the proiect, the total number of dwelling units may be rounded up by one unit if the dwelling: unit total yields a fraction of a unit .5 or greater. Acreage used for the calculation of density is exclusive of commercial portions of the proiect, except mixed residential and commercial uses as provided for in the C-1 through C-3 zoning district in the Collier County Land Development Code; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. b. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwelling or accessory structures that are not intended and/or not designed for permanent occupancy, and is not applicable to accessory dwelling or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, guest suites, and the like. c. All new residential zoning located within the Mixed Use District shall be consistent with the Density Rating System, except as provided in Policy 5.1 of the Future Land Use Element. d. Within the applicable areas of the Mixed Use District, all properties zoned A, Rural Agricultural. and/or E. Estates, and/or RSF-l, 2, 3. Residential Single Family, for which an affordable workforce housing project is proposed and approved, in accordance with Section 2.06.00 of the Land Development Code (Ordinance 04-41. as amended, adopted June 22, 2004 and effective October 18, 2004), shall be permitted the base density of four (4) dwelling: units per gross acre by right; that is, a rezone public hearing shall not be required. Such a project must comprise a minimum of ten acres. Density achieved by right shall not be combined with density achieved through the rezone public hearing process. 8peeial ProvisioRs [relocated text, from page 4] 2. l. Density Bonuses [relocated text, from page 4] a. Proximity to Neighborhood Center and Commerce [No change to text, page 4] b. Affordable-workforce Housing Bonus. By Public Hearinl! [revised, relocated text, from page 5] Words underlined are added; words Gtruok through are deleted. 15 '* '* ** '* * '* '* '* ** '* ** * ** '* '* '* '* ** * ** '* ** '* '* ** * * ** **** * ** *** I n d icates b rea k in text * '* '* * * '* '* '* '* '* '* '* **** * '* * ** '* *** '* ** ** ** *** *** ** * '* ** ** '* '* * '* Immokalee Area Master Plan As Adopted by Bee 1-30.07 2,~p ... " To encourage the PQrovision of A~ffordable-workforce Hhousing within certain Subdistricts in the Urban Designated Area, as defined in the Housing Element we:Hla atkl a maximum of up to eight (8) dwelling residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04.41. as amended, adopted June 22. 2004 and effective October 19, 2004). above the maximum density of the ~district. ; hO'l/ever, no density may exceed sixteen (16) units per aefe-;- This bonus may be applied to an entire project or portions of a project provided that the project is located within the Neighborhood Center (NC) Subdistrict, Commerce Center:Mixed Use (CC-MU) Subdistrict and all or any residential subdistricts. c. Affordable-workforce Housine Bonus. Bv Rieht [new text] To encourage the provision of affordable-workforce housing within that portion of the Urban Mixed Use District, properties zoned A, Rural AgriculturaL and/or E, Estates, and/or RSF- 1, 2, 3, 4, 5, 6, Residential Single Family and/or RMF-6, Residential Multi-Family, for which an affordable-workforce housing project is proposed in accordance with the definitions and requirements of the Affordable- workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), a maximum of four (4) residential units per gross acre shall be added to the base density of 4 dwelling units per acre. Therefore, the maximum density that may be achieved by right shall not exceed eight (8) dwelling units per acre. Such a project must comprise a minimum of ten acres. Density achieved by right shall not be combined with density achieved through the rezone public hearing process. d. eo Residential Infill [re-Iettered text, page 5] ~ a. Roadway Access [re-Iettered text, page 5] 3. Maximum Densitv The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Chapter 2.03.07 of the Land Development Code, adopted by Ord. No. 91-102, as amended. ~ 4. Density and Intensity Blending [relocated text, from page 5.1] B. Urban - Commercial District C8IHmereiol DesigRoti8R [revised, relocated text, from page 5.1] The purpose of this designation District is intended to accommodate a variety of commercial land uses. including neighborhood oriented commercial uses, commerce Words underlined are added; words Gtrl,lGk throl,lgh are deleted. 16 ***.******..* **************** ****************** I ndicates break in text*.**.* ********** ***** ************* *...****.******* 2N Immokalee Area Master Plan As Adopted by see 1-30.07 center uses, general highway commercial uses and commercial development within Planned Unit Developments (PUDs). Migrant blabor Gfamps are also permitted within the this Commercial designations. 1. Commercial SubDgistrict - S.R. 29 and Jefferson Ave. [revised, relocated text, from page 5.1] The purpose of this designation Subdistrict is to provide for retail;- and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public,,- Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts... as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria as established contained in Section ~ 2.03.07.0.1 of the Collier County Land Development Code must be met for future development within the Commercial SubdDistrict along SR-29... as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N. B. The development criteria as established contained in Section ~ 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial SubdDistrict along Jefferson A venue as identified on Zoning Map 6933S. 2. NeighboFllood CeRteF DistFiet [relocated text, from page 6 to page 14] 3. CORlRleFee CeRteF Mixed Use DistFiet [relocated text, from page 7 to page 15] 4. PlaRRed URit DevelopmeRt CommeFeial DistFiet [relocated text, from page 8 to page 16] Non-commercial Uses [relocated text, from page 8] s. ReeFeatioRalJT OlIFist DistFiet page 16] [revised, relocated text, from page 8 to The purpose of this District is to provide centers for reercational and tourism aetivity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract tourists and residents '""hile preserving the enyironmental features of the area. Uses permitted in this district include: passive parks,~ nature preSef'iCS; wildlife sanctuaries; open spaco; museums; cultural facilities; marinas; transient lodging facilities (including: hotel/motel, rcntal cabins, bed & breakfast establishments, campsites, restaurants; recroational vehicles parks; sporting and rccreational camps; lo'.v intensity retail; single family homcs; agriculture; and thosc essential services as defined in the Land Development Code. Words underlined are added; words e:truek tRrclUgh are deleted. 17 *...... ** ***... ***...... * *... * *** *** *......... ** * ** * * ** **... * * ** **... Indicates break in text'" ** **...... ** **... **......... ** *......... **........................ **......... *** * ** *... ** *... Immokalee Area Master Plan As Adopted by Bee 1-30-07 r 2~~ Residential development is permitted at a density of less than or equal to four (4) dwelling units per gross acre. Transient lodging is permitted at a maximum density of eight (8) units per acre. Rezones are encouraged to be in the form of a Planned Unit Deyelopment (PUD). The minimum acreage requirement for a PUD shall be two (2) contiguous acres. IndastFial DesignatioR: [revised, relocated text, from page 9] This designation is intended to accommodate a variety of industrial land uses such as Industrial, Commerce Center Industrial, and Business Parks. C. Urban - Industrial District 1. Industrial SubdDistrict [revised, relocated text, from page 9] The purpose of this designation Subdistrict is to provide for industrial type uses~ including~ airports: these uses related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage, computer and data processing, business services;, limited commercial uses. such as child care centers, ftftd restaurants and other basic industrial commercial, uses~ but not including except retail uses. as described in the Land Development Code for the Industrial and Business Park Zoning Districts: and. vehicle racing. subiect to conditional use approval. Accessory uses and structures customarily associated with the uses permitted allowed in this Subdistrict, includ~iBg. but are not limited to. offices, and retail sales;, campgrounds accessory to vehicle racing: and. campgrounds accessory to special events at the airport. such as air shows and structures \vhich are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted. 2. Commerce Center - Industrial SubdDistrict [revised, relocated text, from page 9] The purpose of this designation Subdistrict is to create a major Activity Center that serves the entire Immokalee Urban Designated Area and surrounding agricultural area~. The Commerce Center-Industrial Subl}gistrict shall function as aH maior employment center and shall encourage for industrial and commercial uses as described in the Land Development Code for the Commercial (C-1 through C-5), Industrial and Business Park Zoning Districts. This Subl}district includes the Immokalee Farmers Market and related facilities. The Subl}district also permits Hhigher intensity commercial uses~ including packing houses, industrial fabrication operation~ and warehouses shall be permitted vii thin this District. Accessory uses and structures customarily associated with the uses permitted allowed in this Subdistrict, includ~ffig. but not limited to, offices, and retail sales, and structures ':lhich are customarily accessory and clearly incidental Words underlined are added; words etruok through are deleted. 18 ... **** **... * ** **** **... * ** * *... ** *............... **... * *...... ** * **......... I n d icates b rea kin text"'''' ** ** *** ** *... ** * *......... **... **... * ** * **...... **... **...... ** ** * **... * Immokalee Area Master Plan As Adopted by Bee 1.30-07 2N and subordinate to permitted principal uses and structures are also permitted allowed. 3. Business Park SubdDistrict [revised title, relocated text, from page 9] Non-Industrial Uses [revised, relocated text, from page 10] Essential services as defined in the Land Development Code are allowed within the Industrial Designation. In addition to those industrial uses permitted '",ithin the Industrial Designatiofl, uses such as those essential services as defined in the Land Development Code are permitted. Overlays and Special Features [revised, relocated text, from page 10] 1. Urban Inflll and Redevelopment Area The Urban Infill and Redevelopment Area is consistent with criteria outlined in Section 163.2514(2) (a)-(e). Florida Statutes. The intent of this delineation is to comprehensively address the urban problems within the area consistent with the goals of this plan. This designation is informational and has no regulatory effect MAP CHANGES: 1. Immokalee Area Future Land Use Map: a) Reformat map and legend consistent with the countywide FLUM as follows: (1) Remove/delete map labels, except for major roadways; (2) Remove/delete densities and Districts' abbreviations from map legend; (3) Remove/delete Districts and replace with Subdistricts; (4) Categorize Subdistricts into three groups - Mixed Use, Commercial, or Industrial; and, (5) Add a new heading "Overlays and Special Features" on the map legend. b) As required by Policy 6.2.4 (4) of the CCME, add a map legend notation "wetlands connected to Lake Trafford/Camp Keais Strand system" and corresponding identification of the wetland area on the map. EAR-lAMP Adopted by Bee G: eomprehensive/EAR Amendment Modifications/Bee Adoption Final mm-dw/1-30-07 Words underlined are added; words struck through are deleted. 19 ************* ********** ****** ****************** I ndicates break in text*********** ********** ************************* **** T 47 5 T 46 5 2M -' ~ ." ~ ,....\ III ! I ~ I t , , , , ! ~~ ~ ~ .~ ~ I ~~ ~ ~ ~S i ~" ~ ~ i ~ ~.."~--T-~~ , . . ..~-~--y- . . , ~. , ' , , , , . ~~- --r- ..~"~~.. -j.~ r.,' /v/ '~~'" l' . '. './ , . "'. ,,-,/ '.' V \', \"', ol;.. '---'---.o..._~... ", ,I / _J ~c M 0"" >0'" ;;I'::~ , ~~ ~~~ ~~~ ~~ ~~~ ~~;;!; f~~ ~~~ coo ~~M o:s;~ 00002 ~~~ Mr ~~ >" r" gS S'" ,,~ M" "'oj Q~ s '" 'i! ):J I ., './ :), .y (J '.........---- (~~\ i' , ,I \~ "'/~~I }--:J ',/ 1r--7 \ . '\ .,/ \/ (>"- . , , . . , ! ' . ('J.'.....'. , . of + \., + \~ C.I. ...1 o '(, 1\\\ ""~l.'1 ~ I \~ I If ~if!, T !! !ill P II HiH! il ,I ~h I 5~!~ ~ i! 1 ~ 1 ; u I i I ~ ~ 'I ; i i,. I,: ,~; ~~; .. _ ~ _ ~ I ~ ~ I ~ ~ =: ! ~.. ~.~ i 8 g ~ - - !l! Ii ;~~ 'I ~ i~i a !I - ~ ~ I~ U ,~ "'--~':-7 ' , r.-----;'-- '" '~of '" 'l' / - 'of ..- , " /, j, , " / . '. /;:/ . 'i- . f ' ~--_. y , , / , ~/ - (' ~'--..--<' ' } -.---< :u N CD 1ft ~ ~ o ~ )> r- m m -n c: -f c: :::0 m :u N Y, 1ft r- )> Z C c: an m ~ )> "tJ ;( :u w o 1ft 2~' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-20 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners llu.v- ~~ Q( . By: Ann Jennejohn, Deputy Clerk 2N May 1, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment for Collier County (DCA No. 07-1 ER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25,2007, meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice ofIntent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice ofIntent has been sent to the Naples Daily News for publication on May 2,2007. The Department=s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication ofthe notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion ofthe amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May I, 2007 Page Two Please, be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local govemment that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy of the Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2N rt I 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Govemment Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Plarming MMlbp Enclosure: Notice of Intent and Statement of Intent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council 2~, ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY DELETING THE MARCO ISLAND MASTER PLAN AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES FROM THE GROWTH MANAGEMENT PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendment to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan on January 25,2007; and WHEREAS, 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 THE DELETION OF THE MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN 1 2 FUTURE LAND USE MAP AND MAP SERIES Amendment to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan MARCO ISLAND MASTER PLAN ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this deletion of the MARCO ISLAND MASTER PLAN ELEMENT AND MARCO ISLAND MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. ATTEST: 0;1 .~t~~Q~k ^ ~~ll~';rfo Ot<< _ ~ ,..;" t,..... ..;~ ' }jIIIi.~W.' .Oft".:~" APPROYfiO'~S.to FORM AND LEGAL SUFFICIENCY: J1V~ "(h- ~k ~~ MARJ IE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS :~LLlER COV~~ JAMES COLETTA, CHAIRMAN 2007 MARCO ISLAND MASTER PLAN AND MARCO ISLAND MASTER PL MAP AND MAP SERIES E , ;,';,,'8 I J j.,clcrl- i ,- ,- _~_:2., .. I I, ,db;)J~1- I ~. ~" ',' 'W' : . , ,~ 'I ' " " '" ..--- ~ I ,1 Marco Island Master Plan As Adopted by see EXHIBIT "A" Goal, Objectives and Policies, Future Land Use Designation Description Section, Future Land Use Map Marco Island Master Plan (MIMP) [DELETE IN ITS ENTIRETY.] EAR-MIMP Adopted by see G: eomprehensive/EAR Amendment Modifications/Bee Adoption Final cs-dw/S-24-06 Words underlined are added; words struok through are deleted. 1-30-07 2 1 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-21 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Cler;k. '. Ex-officio to Board of County Commissioners ~ ~(<J.c. By: Ann Jennejohn, Deputy Clerk "--_.-----'-"'-----'-,._- 20 May 1, 2007 The Honorable Jim Coletta, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department of Community Affairs (Department) has completed its review ofthe Comprehensive Plan Amendment for Collier County (DCA No. 07-lER) and determined that Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, adopted on January 25, 2007, meet the requirements of Chapter 163, Part II, Florida Statutes (FS.), for compliance, and Ordinance Nos. 07-07 and 07-18, adopted on January 25,2007, do not meet the requirements for compliance, as defined in Subsection 163.3184(1)(b), FS. The Department is issuing a Notice ofIntent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22, in compliance, and a Statement of Intent and Notice of Intent to find the portion adopted by Ordinance Nos. 07-07 and 07-18, not in compliance. The Notice of Intent has been sent to the Naples Daily News for publication on May 2,2007. The Department~s notice of intent to find the portion of the plan amendment adopted by Ordinance Nos. 07-08 through 07-17, and 07-19 through 07-22 in compliance shall be deemed to be a final order ifno timely petition challenging the amendments is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), FS. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Regarding the portion of the amendment found not in compliance, the Notice, and Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the Scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. This is a routine step required by Section 163.3184(10), Florida Statutes, and it does not preclude our ability to resolve compliance issues prior to the hearing. The Honorable Jim Coletta, Chairman May 1, 2007 Page Two Please, be advised that Section 163.3 1 84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please, also note that a copy ofthe Adopted, Collier Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 2n ~ l: V 34104, and the County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida. If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3 1 89(3)(a), FS. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Bernard Piawah, Principal Planner, at (850) 922- 1810. Sincerely, Mike McDaniel Chief, Comprehensive Planning MMlbp Enclosure: Notice of Intent and Statement of Intent cc: Mr. Joseph Schmitt, Collier County Community Development Director Mr. Randy Cohen, Planning Director Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ECONOMIC ELEMENT; BY PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. '2 WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the ECONOMIC ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed ECONOMIC ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the ECONOMIC ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, 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 AMENDMENTS TO THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the ECONOMIC ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan ECONOMIC ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 1 2,; and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the ECONOMIC 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, Florida 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUN1?{, FL 'ID / h{';1 BY: / " - JAM Es:.cOLETTA, CHAIRMAN m~~pm.~-~ MARJ IE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 ECONOMIC ELEMENT r-'~"'" ".."" ~,~, ", --~"='._". ~ I',.,,, ,! "1, O. ,,' ; '., I, c:::c f,,_ I, ;),i ll~~ J ~ { . "'",, ti D:,,_<')l\l~ i i:6 ~?~~_r j ~~ ~., '. .', ' '.,. h_."._.._._.._ ,1 ~ , "',"''' .~i 2 Economic Element As Adopted by Bee 1-30-07 EXHIBIT "A" 2 I. INTRODUCTION: [New text, page 1] The purpose of this Element is to serve as a set of guidelines to assess the impacts of growth management decisions on the County's economic vitality. The Element also addresses certain requirements of the Southwest Florida Strategic Regional Plan regarding economic issues. It must be noted that the Economic Element only encourages. and does not mandate. that the County consider economic matters in relation to its overall planning and growth management strategy. as reflected in the other Elements of this Growth Management Plan (GMP). In considering whether to adopt changes or modifications to the GMP or the Land Development Code. the Board of County Commissioners must weigh the relative importance of many factors. of which economic impacts are not always the most significant. The Economic Element contains a single Goal and SIX (6) Obiective Areas. These Obiective Areas are: 1. The Conservation and Enhancement of Natural. Cultural & Social Resources. 2. Expanding and Enhancing the Tourism Industry. 3. New and Existing Industries. 4. Nonprofit and Civic Organizations & Local Groups/Programs. 5. Expansion and Development of Educational Facilities and Programs. 6. Development Regulations. Goal, Objectives and Policies Economic Element GOAL 1: [Delete number from Goal Title, page 1] OBJECTIVE ld: (The Conservation and Enhancement of Natural. Cultural and Social Resources) [Renumbered text, new text, page 1] Policy t.1.1: [Renumbered text, page 1] Policy t.1.2: [Renumbered, page 1] Policy 1.3: [New text, page 1] Collier County will support a health care system that addresses the needs of both business and the work force. Policy t.1.4: [Renumbered text, page 1] Words underlined are added; words struok through are deleted. Economic Element As Adopted by Bee 20 1-30-07 f Policy 1.1.5: [Renumbered text, page 1] Policy 1.1.6: [Renumbered text, page 1] Policy 1.1.7: [Renumbered text, page 1] Policy 1.1.8: [Renumbered text, page 1] Policy 1.1.9: [Renumbered text, page 1] OBJECTIVE 1.2: (Expandine and Enhancine the Tourism Industrv) [Renumbered text, new text, page 2] Policy 1.2.1: [Renumbered text, page 2] Policy 1.2.2: [Renumbered text, page 2] Policy 1.2.3: [Renumbered text, page 2] Policy 1.2.4: [Renumbered text, page 2] Policy 1.2.5: [Renumbered text, page 2] OBJECTIVE 1.3: (New and Existine Industries) [Renumbered text, new text, page 2] Policy 1.3.1: [Renumbered text, page 2] Policy 1.3.2: [Renumbered text, page 2] Policy 1.3.3: [Renumbered text, page 2] Policy 1.3.4: [Renumbered text, page 2] Policy 1.3.5: [Renumbered text, page 2] Policy 1.3.6: [Renumbered text, page 2] Policy 1.3.7: [Renumbered text, page 2] Policy 1.3.8: [Renumbered text, page 3] Policy 1.3.9: [Renumbered text, page 3] Policy 1.3.10: [Renumbered text, page 3] Words underlined are added; words struck through are deleted. 2 Economic Element As Adopted by see 1-30-07 2 Policy 1.3.11: [Renumbered text, page 3] Policy 1.3.12: [Renumbered text, page 3] Policy 1.3.13: [Renumbered text, page 3] Policv 3.14: [New text, page 3] Collier County will continue to support prog.rams designed to ensure the availability of the infrastructure needed for advanced telecommunications and high technology. Policv 3.14: [New text, page 3] Collier County has adopted a comprehensive program of economic incentives that are designed to attract new businesses and develop the local workforce for such businesses. These incentives include: a. An impact fee payment assistance program for either new or expanding targeted industries: b. A iob creation investment program for the relocation or expansion of targeted industries: c. A property tax stimulus program providing. payments to offset the costs associated with the relocation and/or expansion of targeted industries: and, d. An advanced broadband infrastructure investment program, which provides payments to businesses that are either installing or expanding broadband communications systems. Policy 3.15: [New text, page 3] Collier County has adopted and shall maintain an impact fee deferral program for owner- occupied, single-family homes constructed within the Immokalee Enterprise Zone. The purpose of this program is to encourage the retention of a permanent resident population of homeowners within the Immokalee Community. Policy 1.3.H16: [Renumbered text, page 3] OBJECTIVE 1.4: (Nonprofit and Civic Ore:anizations and Local GroupslProe:rams) [Renumbered text, new text, page 3] Policy 1.4.1: [Renumbered text, page 3] Policy 1.4.2: [Renumbered text, page 3] Policy 1.4.3: [Renumbered text, page 3] Words underlined are added; words Gtruok through are deleted. 3 Economic Element As Adopted by Bee 1-30-07 2P OBJECTIVE t.5: (Expansion and Development of Educational Facilities and Pr02rams) [Renumbered text, new text, page 3] Policy t.5.1: [Renumbered text, page 3] Policy t.5.2: [Renumbered text, page 3] Policy t.5.3: [Renumbered text, page 3] OBJECTIVE M: (Development Re2ulations) [Renumbered text, new text, page 4] Policy M.1: [Renumbered text, page 4] EAR-EE Adopted by see G: eomprehensive/EAR Amendment Modifications/Bee Adoption Final cs-nf-dw/5-24-06 Words underlined are added; words struok through are deleted. 4 iP STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-22 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissionera >-,-' ." O-u.u ~. oi.t~:. By: Ann Jennejohn",.f Deputy Clerk t II REre:':I'/r'ch FU-\) lj ')(ilrr NAPLES DAIL Y NEWS Published Daily Naples. FL 3-+ 102 FItIlAN\.,,!:~ L.lLI> I Affidavit of Publication State of Florida County of Collier i i !m, "'~J ~, :sj ~~. . :~I ~, , , i~. !II" (I II fi ~ 0' 3.. I Before the undersigned they sen'e as the authority. personall~ appeared B. Lamb. who on oath says that they sen'e as the Assistant Corporate Secretary of the Naples Daily. a daily newspaper published at Naples, in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE \vas published in said newspaper 2 times in the issue on January 14th. 19th. 2007 Atliant furthcr says that the said Naples Daily]\ ews is a newspapcr published at \'aples, in said Collicr County. Florida, and that the said newspaper has herctofore been continuously publishcd in said Collier County, Florida; distributed in Collier and Lce counties of Florida. each day and has been entered as second class mail matter at the post o!lice in Naples, in said Collicr County. Florida, for a period of 1 year next preccding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person. firm or corporation any discount, rebate, commission or refund for the purposc of securing this advertisement for publicatIon in the said ncwspaper. lS. rv/J ( Signature of affiant) Sworn to and subscribed before me This 9th of February, 2007 L,hu/"Ll ~ O.IY)<1~o'L~ (Signature of notary public) ,.,,"~lIp'll, C ..;"o.,!,!\..~,:-, hanel A McDonald j:(:&:'~f~ MY COMMISSION # DD210203 EXPIRES :"!.:;~~~.; . June 29,2007 ".',9:~.~~\~'~ qOND~D THRU TROY f"A!~lINSUPANct ;N~ FEr 59-2578327 ~il ~fl -....:. 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