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EAC Agenda 06/02/2010ENVIRONMENTAL ADVISORY COUNCIL AGENDA JUNE 29 2010 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA June 2, 2010 - 9:00 A.M. Location: GROWTH MANAGEMENT DIVISION (Formerly Community Development and Environmental Services Division) Room 6097610 2800 N. Horseshoe Drive. Naples, FL 34104 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of May 5, 2010 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Immokalee Sand Mine Conditional Use CU -AR -14078 Immokalee Sand Mine Excavation Permit EXP -AR -14079 Section 6 &7, Township 46 South, Range 29 East VII. GMP Amendments (2007 -2008 Cycle) A. CP- 2008 -4, Re- designation from RFMUD Sending Lands to Neutral B. CP- 2009 -1, Creation of Dade - Collier Cypress Recreation Area District (Adoption Hearing Vlll. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments Xl. Staff Comments XII. Public Comments XIII. Adjournment xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Council Members: Please notify Susan Mason, General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda Item VI. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF June 2 "d, 2010 I. NAME OF PETITIONER/PROJECT: Petition No: Conditional Use - CU -2008 AR- 14078 Excavation Permit -EXP -2008 AR -14079 Petition Name: Immokalee Sand Mine Applicant/Developer: Cemex Inc. Engineering Consultant: RWA, Inc. Environmental Consultant: Turrell,Hal1 & Associates, Inc. II. LOCATION: The 898± -acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING N - A -2 (Hendry County) S- A -MHO E - A -MHO DESCRIPTION Agricultural uses — citrus crops State Route 82 ( Immokalee Road), then agricultural uses Agricultural uses W - A -MHO Agricultural uses EAC Meeting Page 2 of 10 IV. The applicant, Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA, Inc. and George Vamadoe, Esquire of Cheffy Passidomo, PA., is requesting a Conditional Use to allow extraction or earthmining and related processing and production not incidental to the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section 2.03.0l.A.l.c.1 of the Collier County Land Development Code (LDC) for a project to be known as the Immokalee Sand Mine. According to the applicant's narrative statement, the current use of the property is agriculture, specifically citrus groves and row crops. The proposed use is a sand quarry with ancillary facilities. Crop fields and agricultural activities will be gradually phased out as the subject property is mined. Reclamation of the mine will be conducted in accordance with Chapter 62C -39 of the Florida Administrative Code. The maximum extent of proposed excavation will be approximately 589 acres according to the application, with the life of the mine estimated to be 35 years. Phasing of excavation is shown on the conditional use site plan submitted with the application, and includes ten phases. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural (Agricultural /Rural Mixed Use District) and is within the Rural Lands Stewardship Area (RLSA) Overlay, all as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). RLSA Policy 1.5, below, provides for Baseline Standards, and RLSA Policy 1.4 provides that property for which the owner chooses not to participate in the Stewardship Program will remain eligible for those Baseline Standards uses. RLSA Policy 1.5: As referred to in these Overlay policies, Baseline Standards are the permitted uses, density, intensity and other land development regulations assigned to land in the RLSA by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption oj' Interim Amendments and Interim Development Provisions referenced in Final Order AC -99 -002. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, except as provided for in Group 5 Policies. No part of the Stewardship Credit System shall be imposed upon a property owner without that owners consent. EAC Meeting Page 3 of 10 The applicant has not elected to participate in the Stewardship Program for the subject property, thus the property is subject to the Baseline Standards. The Agricultural /Rural designation allows for earth mining activities. The Collier County Land Development Code lists earth mining as a permitted Conditional Use in the "A" zoning district. Even though the applicant has elected not to participate in the Stewardship Program, he is still responsible for addressing RLSA Policy 5.5 and 5.6. Comprehensive Planning Staff defers to Environmental Review Staff to review for consistency with those policies. Other Goals, Objectives and Policies of the GMP FLUE that are relevant to this petition are address below, with the criteria shown in italicized print followed by staff's responses in bold font. Objective 7. In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The project's access is to State Route 82, an arterial road, thus the project is consistent with this objective and policy. Policy 72: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The Conceptual Site Plan indicates access to all buildings will be via a single internal service road. Due to the nature of the proposed use, a loop road is unnecessary. Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. EAC Meeting Page 4 of 10 Given that the proposed use is an earth mining operation, staff does not believe it appropriate to provide interconnections to adjacent lands for public safety. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. Most of this policy is not applicable to this type of non - residential project. Open space must be provided as required by the Land Development Code (LDC). Since the applicant has not requested any variances from LDC requirements in conjunction with the subject conditional use, sidewalks will need to be provided be in accordance with LDC requirements or other modifications from the LDC would need to be sought. Based upon the above analysis, Comprehensive Planning staff concludes that the proposed Conditional Use for earth mining in the Agricultural/Rural designation and RLSA Overlay may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: This project is consistent with policy 1.3.2 since the project development will occur in areas designated as "open lands" and will not impact any areas identified as Flowway Stewardship Areas, Habitat Stewardship Areas, or Water Retention Areas. This project is consistent with policy 5.1.3 regarding reclamation requirements as required by the Florida Department of Environmental Protection (FDEP). The FDEP requires a reclamation plan to be submitted for their review and approval prior to the initiation of mining activities. FDEP will review the proposed reclamation plan concurrently with their review of the project's Environmetal Resource Permit (ERP) application. Mine reclamation will be done in accordance with specific requirements FDEP places on the reclamation plan. The excavation permit will not be issued by the County until all required agency permit are obtained and provided for staff review. This project is consistent with policy 6. 1.1 regarding the selection of preserves. The preserve area will consist of native and enhanced/restored on -site wetland areas. As required by Policy 6.1.1, the preserve area will be placed under a permanent conservation easement dedicated to Collier County. EAC Meeting Page 5 of 10 As required by Policy 6.1.4, prohibited exotic vegetation will be removed from the site and maintained in perpetuity. The Environmental Impact Statement (EIS) required by Policy 6.1.8 has been prepared and is supplied as part of the review packet for this submittal. As required by Policy 6.2.1 and 6.2.2, the wetlands shall be verified by the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers (USACE) during the ERP permitting process. As required by Policy 6.2.4, the project will provide mitigation for impacts to wetlands as required by the FDF,P and USACE. As required by Policy 7.1.3 and 7.1.4, a listed species survey was conducted in accordance with Florida Fish and Wildlife Conservation Commission ( FFWCC) and the U.S. Fish and Wildlife Service ( USFWS) guidelines on the property and is contained in the EIS (Section G). Development of the proposed project will require an ERP from FDEP and a Section 404 permit from the USACE. Coordination with FFWCC concerning state listed species will occur during the ERP process while coordination with the USFWS concerning federal listed species will occur during the USACE permitting process. As required by Policy 11.1.2, correspondence was sent to the Florida Department of State Division of Historical Resources (DHR) regarding possible archaeological or historical sites within the project area. The DHR stated that the no significant archaeological or historical resources are recorded within the project area (EIS Appendix C, Attachment 3). VI. MAJOR ISSUES: Stormwater The Collier County Drainage Atlas shows this property as being at the south end of Cow Slough which flows into Hendry County. The conceptual water management plan for the site shows the eventual discharge point as being toward the east. If there is any discharge from this site, it will be limited to 0.15 efs/ acre. Sand mines are usually done by hydraulic dredging. The on -site water is used for the dredging operation. As the excavation progresses, removal of the fill forms a retention area which fills with ground water in the drier season and rainwater in the wet season. In either case, the runoff from the site is decreased from the pre - excavation condition. If the sand medium, in which the excavation is done, is porous enough, the increased head after a rainfall event EAC Meeting Page 6 of 10 forces the water through the pit walls and back into the aquifer and the excavation may never discharge. With a hydraulic dredge, the depth of excavation is limited by the character of the material. The plan calls for excavation down to the confining layer, which varies. Environmental: Site Description: The property site contains 897.90 acres of which 13.3 acres remains as native vegetation on site according to the definition in the GMP and LDC. On site native vegetation communities include Willow (5.6 ±acres) and wet prairie (7.7 ± acres). The rest of the property consists mostly of pasture lands, disturbed lands, row crops, and citrus groves as shown on the FLUCCS map in the EIS (Exhibit 2). The property was cleared some time prior to 1975. Wetlands: The project site contains five isolated wetlands that comprise approximately 15.6 acres of jurisdictional wetlands. These five wetlands are identified as W- 1 through W -5 as shown on the FLUCCS map in the EIS (Exhibit 2). Wetland W -1 is 7.7 acres located in the southwest comer of the mine property. It is primarily a wet prairie composed of a mix of ruderal and grassy vegetation. Wetland W -2 is 1.2 acres located in the south/central portion of the property and is dominated by Brazillian pepper and primrose willow. Wetland W -3 is 5.6 acres located in the east central portion of the property. This man- made wetland due to the surrounding berms is dominated by Brazilian pepper. Wetlands WA and W -5 is 1.1 acres located in the northeastern portion of the property. These two wetlands, which may be described as dug out watering holes for cattle, are also man -made. Hydrological manipulations occur on this site whereas, the water table and water levels are controlled, managed, and altered as needed through the use of wells in conjunction with throw out pumps at various locations. The proposed control elevation for the project lake (35.5 feet NAVD 88) will be such that the on -site water management system will not adversely impact natural hydro periods in preserved and off -site wetlands. This elevation was considered to mimic the area's seasonal high water table (SHWT) in a manner similar to current conditions, to reflect SHWT elevations allowed to occur in the mine property's row crop fields (based on various on -site indicators in addition to the wetland estimates), and to be sufficiently high that it would not result in any lowering of the average high water levels that naturally occur in the preserved on -site and nearby off -site wetlands. Final design and the control elevation may be adjusted if required by the South Florida Water Management EAC Meeting Page 7 of 10 District (SFWMD) during the Environmental Resource Permitting (ERP) process. Mine reclamation as required by FDEP may include either sod or native littoral plantings for bank stabilization. Development of the proposed project will completely impact two of the existing wetlands on site (W -2 and W -4 totaling approximately 1.2 acres) and partially impact W -5 (approximately 0.2 acres of impacts) (EIS Exhibit 7). The Uniform Mitigation Assessment Method (UMAM) scores for the five on- site wetlands range from 0.27 to 0.43. The proposed mitigation program includes preservation of 5.6 acres of existing wetlands within the project boundary and restoring /creating an additional 14 to 15 acres of wetlands in the mitigation area that presently does not exist. Additionally, another 8.6 acres will be retained on the property, 0.9 acres within the proposed wildlife corridor and the 7.7 acres contained within W -1. Proposed mitigation for the wetland impacts also includes the enhancement of uplands within the mine property. The wetland mitigation areas total approximately 20.5 acres (EIS Exhibit 9). Preservation Requirements: The property site contains 897.90 acres of which 13.3 acres remains as native vegetation on site. The native vegetation preservation requirement for this project in the Rural Lands Stewardship Area (RLSA) utilizing baseline standards is 40% since listed species' were observed on site. The project shall preserve 5.6 acres or 42% of the native vegetation on site. W -1 in the southwest corner of the property which contains the 7.7 acres of wet prairie will be retained but is not included in the proposed on -site preserve since possible future expansion of State Road 82 may result in impacts to those wetlands. Listed Species: During July, August, and September 2008, listed species survey (LSS) was conducted on the project site (EIS Appendix B). The listed animal species observed on the project site included the American Alligator, alligator snapping turtle, tricolored heron, sandhill crane, and crested caracara. Other than some alligators and a snapping turtle, none of the other observed listed species reside or nest on the project site. No listed plant species were found on site. Minimization of impacts to wading birds includes minimal impacts to existing wetlands, restoration, creation, and enhancement of wetlands on -site, and taking appropriate protective measures during project construction and operations. EAC Meeting Page 8 of 10 Florida Panther The project area is within a secondary panther zone as discussed in Appendix B and illustrated in Exhibit 13 in the EIS. Although no Florida panthers (Felis concolor cory) have been documented on the project site and there is limited panther habitat value, the mine will impact these zones. It is anticipated that mitigation will be required by the United States Fish and Wildlife Service (USFWS) for the proposed impacts during future Section 7 consultation process. A Section 404 permit will be required by the United States Army Corps of Engineers (USAGE) to conduct mitigation activities in the project's on -site mitigation areas. Probable mitigation requirements may include protecting and managing privately owned lands located within the primary habitat zone for the panther. The project will comply with all future required permitting and mitigation requirements for panther habitat impacts. Florida Black Bear During the LSS, no Florida black bears (Ursus americanus Jloridanus) or signs or tracks were found on the project site. Although the bears may occasionally roam or cross the project site, there is very limited foraging on the project site and the likelihood of possible future dens is anticipated to be very low. VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use - CU -2008 AR- 14078 and Excavation Permit -EXP -2008 AR -14079 with the following conditions: Stormwater: None. Environmental: 1. The applicant shall submit an updated listed species survey prior to issuance of the excavation permit. EAC Meeting Page 9 of 10 PREPARED BY: STAN CHRZANOWS41J P.E. ENGINEERING REVIM MANAGER CHRIS D'ARCO ENVIRONMENTAL SPECIALIST PRINCIPAL PLANNER X, 17 0 / `DAT DATE 54-10 DATE EAC Meeting Page 10 of 10 REVIEWED BY: SUSAN MASON PRINCIPAL ENVIRONMENTAL SPECIALIST DIRECTOR OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING l,J STEVE WILLIAMS ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: S-11 NO DATE oS- 0 -2a /v DATE 057 -iY -IC) DATE DEPUTY ADMINISTRATOR- PLANNING AND REGULATION GROWTH MANAGEMENT DIVISION Cc� e� �ovi.-vrty ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF June 2 2010 This is the Adoption review of two Growth Management Plan Amendment petitions that were previously reviewed by the EAC at Transmittal. Both petitions are part of the 2007- 2008 combined cycles of GMP amendments, including one 2009 cycle petition. Transmittal hearings on these amendments were held on September 2, 2009 (EAC), October 19 and 20, 2009 (CCPC), and on January 19, 2010 (BCC). The respective Transmittal recommendations /actions are presented below, following each petition number and title. For both petitions, the respective EAC staff report from the Transmittal hearings, which provides staff's detailed analysis of each petition, is attached. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT: 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. If an Objection is not adequately addressed when adopted, then the DCA may (presumably will) find the amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC Report in one of four ways at Adoption: 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate if we believe DCA simply does not understand /has misunderstood the amendment] and /or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and /or provide additional data and analysis; or, 4. not adopt the amendment. In their April 5, 2010 ORC Report for the 2007 -2008 combined cycles of GMP amendments, DCA offers four Objections relevant to these two petitions presented for EAC review; one Objection pertains to petition CP- 2008 -4, and three Objections pertain to petition CP- 2009 -1. Additionally, other state and regional review agencies offered comments /objections relevant to these two petitions. Those portions of the ORC Report relevant to these two petitions, including the comments from other state and regional review agencies, are attached. The ordinance proposed for adoption includes text and map exhibits for each petition; those exhibits (unchanged since BCC Transmittal) are attached. Each of the two petition submittals includes the petitioner's response to the ORC Report issues. I. PETITION CP- 2008 -4 Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re- designate from Rural Fringe Mixed Use District (RFMUD) Sending Lands to RFMUD Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of 128.76 acres. Petitioners: John and Teresa Fillmore, of Fillmore, LLC a.k.a. Fillmore Recycling, or Yahl Mulching and Recycling. TRANSMITTAL STAFF RECOMMENDATION: Transmit to DCA. EAC RECOMMENDATION: Transmit to DCA (vote: 5 -0) CCPC RECOMMENDATION: Transmit to DCA (vote: 8/0), per staff's recommendation, and with requirement that the petitioner is to submit to staff prior to the BCC Transmittal hearing data and analysis regarding HB 697 (pertaining to greenhouse gas emissions, lowering vehicle miles traveled, etc.). [This was done and deemed acceptable by staff.] BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation. ADOPTION STAFF RECOMMENDATION: Adopt as transmitted, and remove reference to the 130 feet road right -of -way reservation — that issue can be addressed at time of subsequent development order review and approval. 11. PETITION CP- 2009 -1 Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami - Dade /Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608± acres, Petitioner: Miami -Dade County, TRANSMITTAL HEARING STAFF RECOMMENDATION: Do not transmit to DCA. EAC RECOMMENDATION: Transmit to DCA (vote: 3 -2), subject to text changes. CCPC RECOMMENDATION: Effectively, no recommendation — motion to Transmit to DCA failed (vote: 4/4), subject to text changes. BCC ACTION: Transmit to DCA (vote: 410), per CCPC recommendation and further text changes. ADOPTION HEARING STAFF RECOMMENDATION: Do not transmit to DCA. Prepared By: �U � - �✓� ---_" Date: David Weeks, AICP, GMP Manager Comprehensive Planning Section Reviewed By: �_ Date: �' /�� ea to Sus Mason, Principal Environmental Specialist — M and Environmental Planning Section Reviewed By: Date: a S. 18 - 2 0 10 AjamD.Torenz, , P. ., Director Engineering, Environmental, Comprehensive Planning and Zoning Services Department Approved By: Date: Nick Casalang a, a uty Ad in�or Growth Management Division 2007 -2008 combined cycles GMP amendments - Adoption (petitions CP- 2008 -4 and CP- 2009 -1). Staff Report for June 2, 2010 EAC hearing. EAC Staff Report 07.08 combined cycles - Adoption G: ComprehensivelComp Planning GMP DATA\Comp Plan Amendments12007.2008 Combined Cycle Petitions dW5.17 -10 0 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor MEMORANDUM TO: Collier County Date: April 5, 2010 THOMAS G.PELHAM Secretary Subject: Proposed Comprehensive Plan Amendment Review Objections, Recommendations and Comments Reports Enclosed are the Departments Objection, Recommendations and Comments Reports on the proposed amendments to the comprehensive plan(s) from the following local government(s): Collier County 10 -1 These reports are provided for your information and agency riles. Following the adoption of the amendments by the local governments and subsequent compliance review to be conducted by this agency, we will forward copies of the Notices of Intent published by each local government plan. If you have any questions, please contact Mr. Ray Eubanks at Suncom 278 -4925 or (850) 488 -4925. RE/lp Enclosure 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399.2100 850 - 488 -8466 (p) ♦ 850 - 921 -0781 (f) ♦ Website: www.dca.state fl.us • COMMUNITY PLANNING 850488-2356 (p) 85048&3309 (f) • HOUSING AND COMMUNITY DEVELOPMENT 85048&7956 (p) 850- 922.5623 (f) . y 0 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor April 2, 2010 The Honorable Donna Fiala, Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Chairman Fiala: THOMAS G. PELHAM seaetery The Department has completed its review of the proposed Comprehensive Plan Amendment for Collier County (DCA 10 -1), which was received on January 28, 2010. Based on Chapter 163, Florida Statutes, we have prepared the attached report, which outlines our findings concerning the amendment. It is particularly important that the County address the objections set forth in our review report so that these issues can be successfully resolved prior to adoption. We have also included a copy of local, regional and state agency comments for your consideration. Within the next 60 days, the County should act by choosing to adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmittal. The County is proposing 6 separate amendments. The Department has identified issues with Amendment CP- 2007 -1 (Wilson Boulevard Conditional Uses Subdistrict) regarding transportation planning and guidelines and standards for land use; Amendment CP- 2008 -2 (Randall Boulevard Commercial Subdistrict) regarding transportation planning and the lack of guidelines and standards for land use; Amendment CP- 2008 -4 regarding environmental suitability; and Amendment CP- 2009 -1 (Dade - Collier Cypress Recreation Area District) regarding: (1) environmental suitability; (2) guidelines and standards for land use; (3) urban sprawl; and (4) greenhouse gas emissions. These and all of the issues identified in the attached report should be addressed before adoption of the plan amendments. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399.2100 850 -488 -8488 (p) • 850- 921 -0781 (t) ♦ Website: Nww dca state.fl us s COMMUNITY PLANNING d50-46&2356(p) d54rd9- d3091f) o FLORIDA COMMUNITIES TRUST 850-922-2,207(p) 850-921-1747(n • HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956(p) 350-922-5623(f) • The Honorable Donna Fiala, Chairman April 2, 2010 Page 2 If you, or your staff, have any questions or if we may be of further assistance as you formulate your response to this Report, please contact Scott Rogers, Principal Planner, at (850) 922 -1758, or Brenda Winningham, Regional Planning Administrator, at (850) 487 -4545. Sincerel 1�� C Mike McDaniel, Chief Office of Comprehensive Planning MM/sr Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Ken Heatherington, Executive Director, Southwest Florida Regional Planning Council Nick Casalanguida, Interim Administrator, Community Development and Environmental Services Division TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in Section 163.3184, F.S., and Rule 9J- 11.011, Florida Administrative Code (F.A.C.). Within ten working days of the date of adoption, the County must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Executive Director of the Southwest Florida Regional Planning Council. Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet is attached for your use). INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the Collier County proposed comprehensive plan amendment, pursuant to Section 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J- 5, Florida Administrative Code (F.A.C.), and Chapter 163, Part 11, F.S. The objections include a recommendation of approaches that might be taken to address the cited objections. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. The County should address each of these objections when the amendment is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items that the Town considers not applicable to its amendment. If that is the case, a statement, justifying its non- applicability, pursuant to Rule 9J- 5.002(2), F.A.C., must be submitted. The Department will make a determination on the non - applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments that follow the objections and recommendations are advisory in nature. Comments will not form the basis of a determination of non - compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies. These comments are advisory to the Department and may not form the basis of Departmental objections unless they appear under the "Objections" heading in this report. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR COLLIER COUNTY AMENDMENT 10 -1 April 2, 2010 Division of Community Planning Bureau of Local Planning This report is prepared pursuant to Rule 9.1-1 1.010, F.A.C. OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR COLLIER COUNTY AMENDMENT 10 -1 I. CONSISTENCY WITH CHAPTER 163, PART II, F.S., AND RULE 9J -5, F.A.C. The proposed Amendment 10 -1 consists of six amendments to the Comprehensive Plan. A. Amendment CP- 2007 -1 (Wilson Boulevard Conditional Use Subdistrict): The proposed text and Future Land Use Map (FLUM) amendment establishes the Wilson Boulevard Conditional Use Subdistrict on 5.17 acres located in the Golden Gate Area. The Department raises the following objections to the proposed amendment: 1. Obiection (Land Use Guidelines ): The text amendment does not establish meaningful and predictable guidelines and standards in the Collier County Growth Management Plan identifying the types of land uses (residential and nonresidential) and maximum densities of residential uses that are allowed in the Wilson Boulevard Conditional Uses Subdistrict. The proposed text amendment states that "The intent of this Subdistrict is to allow uses of land that are permitted and conditional uses in the Estates Zoning District in the County Land Development Code." This proposed amendment language defers to the Collier County Land Development Code the establishment of the land uses that are allowed within the Wilson Boulevard Conditional Uses Subdistrict; and this deferral does not establish meaningful and predictable guidelines and standards in the Growth Management Plan for the land uses that are allowed in the Subdistrict. Further, such deferral creates a self - amending comprehensive plan whereby amendments to the Land Development Code have the effect of changing the land uses that are allowed in the Subdistrict without such change undergoing the plan amendment process consistent with the requirements of Chapter 163, Part II, Florida Statutes. In addition, the proposed amendment does not establish meaningful and predictable guidelines and standards for the density of use for any residential use that may be allowed by the proposed amendment. Rules 9J- 5.005(5) and (6); and 9J- 5.006(3)(b) and (c), Florida Administrative Code (F.A.C.); and Section 163.3177(6)(a), Florida Statutes (F.S.). Recommendation: Revise the plan policy to establish meaningful and predictable guidelines and standards identifying the land uses and maximum densities of use that are allowed in the Wilson Boulevard Conditional Uses Subdistrict. 2 2. Obiection (Transportation Planning): The proposed amendment does not coordinate land use planning with transportation planning. The proposed amendment creates additional vehicle trips that would adversely impact Wilson Boulevard in the short -term planning timeframe. The proposed amendment is not supported by data and analysis demonstrating the availability of transportation facilities at the adopted level of service standards in order to serve the impacts of the amendment and growth in background traffic. The road improvements that are needed in order to maintain the adopted level of service standards on Wilson Boulevard are not coordinated with the Capital Improvements Element and the Future Transportation Map. The proposed amendment is not consistent with Transportation Element Objective 5 and Policy 5.1. Transportation Element Objective 5 requires the County to coordinate the transportation system development process with the Future Land Use Map. Transportation Element Policy 5.1 requires the County to review proposed amendments to the Future Land Use Element affecting the overall countywide density or intensity of permissible development with consideration of their impact on the overall County transportation system and that the County shall not approve any petition or application that would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted level of service standard within the five year planning timeframe, unless specific mitigating stipulations are also approved. Rules 9J- 5.005(2) and (5); 9J- 5.006(1), (2), (3)(b) I., (3)(c)7., and (4); 9J- 5.016(1), (2), (3), and (4); 9J- 5.019(2), (3), (4), and (5), F.A.C.; and Sections 163.3177(6)(a), (6)(b), and (6)0); and 163.3177((2), (3), (8), and (10), F.S. Recommendation: Revise the Capital Improvements Element and Transportation Element to include the road improvements that are needed to maintain the adopted level of service standards on Wilson Boulevard. Support the amendment with data and analysis demonstrating that Amendment CP- 2007 -1 is coordinated and consistent with the Capital Improvements Element and Transportation Element, B. Amendment CP- 2008 -2 (Randall Boulevard Commercial Subdistrict). A proposed text and FLUM amendment to the Golden Gate Area Master Plan for the following: (1) a proposed text amendment to revise the "Randall Boulevard Commercial Subdistrict' within the Estates Designation; and (2) a proposed amendment to the Golden Gate Area FLUM to increase the size of the Randall Boulevard Commercial Subdistrict from 7.53 acres to 56.5 acres by changing 48.97 acres from Estates Designation to Randall Boulevard Commercial Subdistrict. The Department raises the following objections to the proposed amendment: 3. Objection (Land Use Guidelines) The text amendment does not establish meaningful and predictable guidelines and standards in the Collier County Growth Management Plan identifying the types of land uses and maximum densities and intensities of the uses that are allowed in the Randall Boulevard Commercial Subdistrict. The proposed amendment states that "Allowable uses shall be limited to all permitted and conditional uses of the C -4, General Commercial 3 District, in the Collier County Land Development Code, Ordinance No. 04 -41, as amended, except that the following uses shall be prohibited ..." This proposed amendment language defers to the Collier County Land Development Code the establishment of the land uses that are allowed within the Randall Boulevard Commercial Subdistrict; and this deferral does not establish meaningful and predictable guidelines and standards in the Growth Management Plan for the land uses that are allowed in the Subdistrict. Further, such deferral creates a self - amending comprehensive plan whereby amendments to the Land Development Code have the effect of changing the land uses that are allowed in the Subdistrict without such change undergoing the plan amendment process consistent with the requirements of Chapter 163, Part II, Florida Statutes. Rules 9J- 5.005(5) and (6); and 9J- 5.006(3)(b) and (c), F.A.C.; and Section 163.3177(6)(a), F.S. Recommendation: Revise the plan policy (text amendment) to establish meaningful and predictable guidelines and standards identifying the land uses and the maximum densities and intensities of the uses that are allowed in the Randall Boulevard Commercial Subdistrict. 4. Obiection (Transportation Planning): The proposed amendment does not coordinate land use planning with transportation planning. The proposed amendment would increase the number of trips generated from the subject amendment parcel because of the intensification of the land use. Based on the County staff report, the proposed amendment would generate peak hour trips that would exceed the available capacity on Randall Boulevard (Links 132 and 133). The amendment would generate 477 peak hour trips on Link 132, which has a remaining available capacity of 214 trips. The amendment would generate 318 peak hour trips on Link 133, which has a remaining available capacity of 214 trips. Randall Boulevard needs to be widened from 2 lanes to 4 lanes in order to maintain the adopted level of service standard both with and without the impact of the amendment. The amendment is not supported by data and analysis demonstrating that the road improvements that are needed to maintain the adopted level of service standard on Randall Boulevard are coordinated with the Capital Improvements Element Five -year Schedule of Capital Improvements and the Transportation Element Future Transportation Map. The proposed amendment is not consistent with Transportation Element Objective 5 and Policy 5.1. Rules 9J- 5.005(2) and (5); 9J- 5.006(1), (2), (3)(b) I., (3)(c)7., and (4); 9J- 5.016(1), (2), (3), and (4); 9J- 5.019(2), (3), (4), and (5), F.A.C.; and Sections 163.3177(6)(a), (6)(b), and (6)0); and 163.3177((2), (3), (8), and (10), F.S. Recommendation: Revise the Capital Improvements Element and Transportation Element Future Transportation Map to include the road improvements that are needed to maintain the adopted level of service standards on Randall Boulevard. Support the amendment with data and analysis demonstrating that Amendment CP- 2008 -2 is coordinated and consistent with the Capital Improvements Element and Transportation Element. 4 C. Amendment CP- 2008 -4 (North Belle Meade Area 28.76 acres): A proposed text and FLUM amendment to the Future Land Use Element for the following: (1) a proposed amendment to the FLUM and North Belle Meade Overlay FLUM to change 28.76 acres from "Rural Fringe Mixed -Use District Sending Lands" to "Rural Fringe Mixed -Use District Neutral Lands;" and (2) a proposed text amendment to revise the acreage description of the North Belle Meade Overlay "Sending Areas" and "Neutral Lands" to reflect the proposed FLUM amendment. The Department raises the following objections to the proposed amendment: 5. Obiection (Environmental Suitability): The proposed amendment (FLUM and text amendment) to the FLUM and North Belle Meade Overlay FLUM changes 28.76 acres from "Rural Fringe Mixed -Use District Sending Lands" to "Rural Fringe Mixed -Use District Neutral Lands." The subject 28.76 acre parcel is located on the north side of Interstate -75 in the western portion of the North Belle Meade Overlay area. The amendment would allow encroachment of development into an area that provides habitat for a variety of wildlife, including the Florida Black Bear and Florida Panther. The encroachment would compromise the environmental integrity and values of the North Belle Meade Sending Lands. These lands have the same environmental attributes as the other North Belle Meade Sending Lands and to approve a change from Sending Lands to Neutral Lands designation would jeopardize the preservation of this area as a wildlife habitat. Rules 9J- 5.005(2); 9J- 5.006(3xb)4., and (3)(c)6; 9J- 5.013(2)(c)3., 5., 6., and 9., F.A.C.; and Sections 163.3177(6)(a) and (d); and 163.3177(8), F.S. Recommendation: The Department recommends the County retain the Sending Lands designation on the parcel. D. Amendment CP- 2009 -1 (Dade - Collier Cypress Recreation Area District): A proposed text and FLUM amendment to the Future Land Use Element for the following: (1) a proposed text amendment to establish a new future land use district entitled "Dade- Collier Cypress Recreation Area District' within the Conservation Designation and Big Cypress Area of Critical State Concern; and (2) a proposed amendment to the FLUM to change 1,608 acres from "Conservation Designation" to "Dade- Collier Cypress Recreation Area District' located at the eastern edge of Collier County, south of the Dade - Collier Training and Transition Airport runway, in the Big Cypress Area of Critical State Concern and the Big Cypress National Preserve. The Department raises the following objections to the proposed amendment: 6. Obiection (Environmental Suitability): The 1,608 acre amendment site is not environmentally suitable for the proposed future land uses and the amendment has not demonstrated that the natural resources on the amendment site and proximate to the site will be protected consistent with the requirements of Rule 9J -5, F.A.C., and the Collier County Growth Management Plan (comprehensive plan). The subject amendment site is currently designated as "Conservation Designation" and "Area of Critical State Concern Overlay" on the Collier County Future Land Use Map (FLUM). The Conservation Designation primarily allows conservation and passive recreation land uses and other limited uses. The Conservation Designation is intended to protect certain vital natural resource areas of the County and to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The Area of Critical State Concern (ACSC) Overlay establishes development guidelines regarding site alteration, drainage, transportation, and structure installation, and requires all development within the ACSC to comply with Chapter 28 -25, F.A.C., "Boundary and Regulations for the Big Cypress Area of Critical State Concern." The proposed amendment would allow a variety of active and passive recreational uses on the subject site. The subject site and surrounding area contain natural resources (wetlands, floodplains, surface waters, soils, vegetative communities, wildlife, wildlife habitat, and listed species) that would be adversely impacted by the proposed amendment. The 1,608 acre site is environmentally sensitive. The site is located entirely within the Big Cypress National Preserve and the Big Cypress Area of Critical State Concern (ACSC). The Big Cypress Area of Critical State Concern is approximately 860,000 acres and stretches across Collier, Miami -Dade and Monroe counties. The purpose for the designation of the Big Cypress Area of Critical State Concern was to "conserve and protect the natural, environmental and economic resources and the scenic beauty of the Big Cypress Area, including the proposed Federal Big Cypress National Fresh Water Reserve, the Everglades National Park, and ecologically related wetlands, estuarine fisheries, and the fresh water aquifer, and ecologically related areas." (Rule 28- 25.002, F.A.C.). The Big Cypress National Preserve is designated as an Outstanding Florida Water (OFW) under Rule 62- 302.700, F.A.C., and is afforded the highest level of protection from water quality degradation under Rule 62- 4.242(2), F.A.C. In addition, natural sheetflow from the proposed site flows southward to Everglades National Park and Florida Bay, both of which are also designated as OFWs and worthy of special protection. The amendment proposes uses that are inconsistent with the purpose for which the Big Cypress ACSC and Big Cypress National Preserve were established and the laws adopted to ensure their protection. The subject amendment site contains extensive wetlands throughout the site (approximately 93% of the 1,608 acre site is wetlands). The only areas of the site that are not wetlands are five borrow pits and fill areas created when a runway was constructed for the Dade - Collier Training and Transition Airport located north of the site. The soils on the site are shallow, sensitive to disturbance and susceptible to erosion. The western third and northern half of the site is flooded from June through January, with the remaining portion flooded June through March. Additionally, the site is located in close proximity to the L -28 levee which is scheduled to be removed as part of the Everglades Restoration Project. As a result, the proposed site may eventually be even wetter than the current condition. The proposed amendment does not establish appropriate guidelines and standards to protect wetlands and native vegetative communities from the adverse impact of the proposed recreational uses. The Collier County Growth Management Plan contains "Area of Critical State Concern Overlay Section A.l .d" (Section 1. Site Alteration, standard d), which states: "No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17 -301, Florida Administrative Code, as amended. " (amended to 62 -301 in 1990). The proposed amendment allows all development to be exempted from compliance with the "ACSC Section 1. Site Alteration standard d" that otherwise applies throughout the ACSC overlay area; and therefore, the amendment would allow development to impact to all wetland plants on the site. In addition, the proposed amendment would allow potential impacts to wetlands throughout the site from trails as a result of the following exemption: "Development within this District, except for trails, shall be concentrated within already disturbed area within the western portions of the site, primarily in Section 16. " These proposed exemptions do not ensure the appropriate protection and conservation of wetlands and wetland functions with a land use planning approach consistent with the wetland protection requirements of Rule 9J- 5.013(3), F.A.C. The proposed amendment does not ensure that land uses that are incompatible with the protection and conservation of wetlands and wetland functions will be directed away from wetlands. The proposed recreational uses (except for the passive recreation use if it does not involve the alteration of wetlands) are incompatible with the conservation and protection of wetlands and wetland functions. In addition, the site contains 8 listed plant species. The exemption would not only weaken the intent of the comprehensive plan to preserve and protect wetlands and natural resources but could also allow for significant destruction of wetland plants. Thus, the proposed amendment does not further the requirement of Rule 9J- 5.013(2)(c)3., F.A.C., to protect native vegetative communities from destruction by development activities. The proposed amendment is inconsistent with Rule 9J- 5.013(2)(c)6, F.A.C., which provides for the protection of the natural functions of soils, fisheries, wildlife habitats, wetlands, rivers, and floodplains; and the amendment is inconsistent with Rule 9J- 5.006(3)(b) 1, F.A.C., which states that the comprehensive plan must coordinate future land uses with the appropriate topography and soil conditions and the availability of facilities and services. The proposed amendment land uses may potentially adversely impact the quality of surface water, and the amendment does not protect the quality of surface waters from the uses that would be allowed by the proposed amendment. The soils on site are shallow and sensitive to disturbance which increases the potential for increased erosion and loss of habitat. When combined with the area's shallow soils and sheet flow across the site, the proposed Off Highway Vehicle use would lead to significant amounts of silt transported into surrounding natural areas and adversely affect the quality of surface water. Off Highway Vehicles (OHVs) can weigh up to 1200 pounds and top speeds range from 40 to 60 miles per hour. (OHVs are defined in Florida Statutes 261.03 and 261.20). The development of this site as an off highway vehicle park and public recreational area will likely result in soil compression and facilitate the growth of exotic plant species. The potential for damage to the soils increases during the extreme wet and dry seasons which would limit the use of the site to only a few months a year. The construction of OHV trails will require elevation and compression of soils and may alter the hydrologic flow regime. Additionally, the site is located in close proximity to the L -28 levee which is scheduled to be removed as part of the Everglades Restoration Project. As a result, the proposed site may be even wetter than the current condition. The amendment fails to restrict activities and land uses known to adversely affect the quality and quantity of water resources, fails to protect and conserve the natural functions of existing soils, floodplains and wetlands and fails to direct incompatible land uses away from wetlands (Rule 9J -5.013 (2)(c)Land 6., (3)(a) and (b), F.A.C.). The proposed amendment does not include plan policies establishing meaningful and predictable guidelines and standards to ensure: (1) ground disturbances will be avoided and minimized; (2) all 7 stormwater will be appropriately treated prior to leaving the site (including OHV trial system); (3) pre - development quantity and quality of surface water flow will be maintained; (4) the surface water management plan for the site will ensure compliance with OFW water quality standards; and (5) containment of discharges and spills of oils, fuels, and greases commonly associated with the operation of OHVs. The amendment is inconsistent with the goals of the Comprehensive Everglades Restoration Plan (CERP) Decompartmentalization and Sheetflow Project, which will reestablish sheetflow from the West Feeder Canal across the Big Cypress Reservation of the Seminole Tribe of Indians of Florida and into the Big Cypress National Preserve. The objective of the CERP project is to raise the water levels and extend the hydroperiod in the Big Cypress National Preserve, and this would further restrict the time that the site could be functional for OHV use. The proposed amendment would conflict with the restoration of the hydroperiod in the area. The site and surrounding area (known as the Everglades jetport lands) have a history of unmanaged OHV use. The soil damage, ruts, and changes in hydrology can be seen in aerials of Miami - Dade's property, especially the property north of the proposed amendment site. Miami - Dade is not proposing to discontinue the unmanaged OHV use north of the site. The development of the amendment site may cause an increase in trespass use of these lands which would further increase the damage to soils and disturbance to wildlife. The site is too large to gate or fence in order to restrict access. Users may inadvertently enter into Big Cypress National Preserve. The compression of soils by OHVs increases the potential for the transfer of exotic and invasive plants. The noise from OHVs may negatively affect the soundscape of surrounding passive recreation uses and may drive endangered species from their normal habitat. (Rule 9J- 5.013 (2)(c) 1., 3., 5., 6., and 9., (3)(a) and (b), F.A.C.) The site contains a total of 13 state and federal listed animal species, including the Primary Panther zone. US Fish and Wildlife describes the Primary Panther zone as "currently occupied and supports known breeding population of Florida panthers. These lands are important to the long -term viability and persistence of the panther in the wild." Telemetry indicates that three individual cats (panthers) have been on the 1,608 acre site since 2005 and there is a den located within three miles of the site. The site is within primary panther habitat and the amendment would allow significant disturbance of lands with documented panther sitings. Prey species for the panther, white tail deer and wild hogs, exist on the site. The western portion of the site is located in Primary Bear habitat with the remaining portion of the site in Secondary Bear habitat. The site also contains foraging areas of six wood stork rookeries. These rookeries represent thousands of nests that are essential to the preservation and recovery of the species. The proposed amendment allows land uses that would adversely affect wildlife habitat and the survival of endangered wildlife; and therefore, the amendment is not consistent with the requirement of Rule 9J- 5.013(2)(c)5, F.A.C., to restrict activities known to adversely affect the survival of endangered wildlife. The proposed amendment is inconsistent with the Collier County Growth Management Plan Policy 7.1.2(2)(g), which states: For projects located in Priority I and Priority 11 Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine, flativoods and hardtivood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire- adapted preserved vegetative communities and provide brush for white - tailed deer. These requirements shall be consistent with the UFWS South Florida Multi - Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. The proposed amendment includes text language applicable to lakestborrow pits on site that states: "Lake edges may be improved with a shallow littoral zone where determined appropriate. " This proposed text language does not establish meaningful and predictable guidelines and standards to ensure that development of the site is consistent with the requirements of Collier County Growth Management Plan "Area of Critical State Concern Overlay Section A.l .f' (Section 1. Site Alteration, standard f), which states: "Man -made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply." The Collier County Growth Management Plan quoted above (Section A.l.f) mirrors Rule 28- 25.006 (6), F.A.C. The development of the site as described in the proposed amendment would fall under the definition of development as defined in Section 308.04, Florida Statutes; and therefore, the development would be subject to the requirement to restore the littoral zone of all the lakes/borrow pits within the amendment site. Restoration of the littoral zone may increase the use of the lakes by wading birds which could interfere with the operation and function of the airport facility. The TNT airport is an active runway and airport facility. Although training operations are limited and no aircraft or fuel is stored at the facility, the runway serves as a backup landing site for the Space Shuttle and is used by the Department of Homeland Security to route planes that face security issues. It will be necessary to construct wastewater facilities capable of serving both the overnight visitors in recreational vehicles (RVs) and primitive camp sites as well as the day visitors utilizing the recreational trails and other facilities. The applicant has indicated that the site will be served by septic system. However, the amendment is not supported by data and analysis demonstrating that the soils and site are environmentally suitable for an on site septic system (or any other wastewater facilities) that would be needed to serve the potential demand for wastewater facilities that would be generated by the proposed land use. Data regarding soils is not available from the USDA Soil Service due to the site's isolation and un- likeliness for development. The western third and northern half of the site is flooded from June through January, with the remaining portion flooded June through March. The use of On -site Sewage Treatment and Disposal systems will have the potential to adversely affect water quality and may introduce new nutrient sources to an eco- system that is highly sensitive to very low levels of E nutrients. The proposed amendment fails to adequately protect and conserve natural resources; including but not limited to: wetlands, floodplains, native vegetation and environmentally sensitive areas and is not consistent with the requirement of Rule 9J- 5.006(3)(b) L, F.A.C., to coordinate future land uses with the appropriate topography and soil conditions, and the availability of facilities and services. The amendment is not supported by data and analysis addressing the availability of water supply, on -site water wells, and water treatment facilities to serve the potential demand for potable water that would be generated by the proposed amendment and demonstrating that on -site wells would not have the potential to inappropriately draw down surface water and groundwater sources and would be consistent with natural resource restoration objectives. The proposed amendment is inconsistent with Economic Element Policy 1.8, which states: "Collier County will encourage the preservation of sensitive natural resources, including beaches, wetlands, estuaries, clean air and water, historic resources, scenic vistas and other unique natural resources." The development of this site into a recreation area which would allow recreational vehicle camping and OHV use does not further the preservation of the natural resources on the site. The proposed amendment creates a district within the Conservation Designation land use district. The proposed amendment district is inconsistent with the following guidelines regarding the Conservation Designation as stated in the Collier County Growth Management Plan Future Land Use Element Section IV: "The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. " The Collier County Growth Management Plan (comprehensive plan) goes on to list the allowable uses within the Conservation Designation land use district. The uses do not permit motorized recreational activities. Allowing a sub- district within the Conservation land use district which has less restrictive standards for uses is inconsistent with the purpose of the Conservation designation and further weakens the intent of the comprehensive plan to conserve and maintain natural resources. Rules 9J- 5.005(2), (5), and (6); 9J- 5.006(1) and (2); 9J- 5.006(3)(b) I., and 4.; 9J- 5.006(3)(c)1., 2., 4., 6., and 7.; 9J- 5.006(4); 9J- 5.011(1); 9J-5.013(l); 9J- 5.013(2)(b)2., 3., and 4.; 9J- 5.013(2)(c) L, 3., 5., 6., and 9.; and 9J- 5.013(3), F.A.C.; and Sections 163.3177(2), (8) and (10); 163.3177(6)(a), (c), and (d); and 163.3184, F.S. Recommendation: The Department recognizes that a controlled, well- managed off - highway vehicle (OHV) site in the region (Miami -Dade County and Collier County) would meet both state and locally identified recreational needs; however, the location of OHV use areas must be compatible with natural resource protection and conservation needs in the area, as well as the resource protection requirements of law. The Department recommends that Collier County [to] revisit the suitability of other potential sites identified in previous feasibility studies conducted by Miami -Dade County and Collier County. 7. Obiection (Urban Sprawl: Land Use Need, Gas Emissions): The proposed amendment site is an "inholding" of the Big Cypress National Preserve, The National Park Service currently allows the use of OHVs for recreation, hunting, and access to private property within the Preserve. There is no compelling need to introduce OHVs and RVs into this environmentally sensitive area. Collier County staff analysis indicates there are suitable sites available for OHV facilities as well as existing facilities which are closer to the urbanized areas. The amendment site's isolated location creates a significant increase in site specific traffic and extended travel times from population centers. Miami -Dade conducted a feasibility study which indicated that the TNT site was the most suited based on the scoring matrix development within the study. However, Florida Department of Environmental Protection has recommended that the scoring methodology needs to be revisited because it may have affected the predictability of the application of the matrix. (Rule 9J- 5.005(2) FAC) The proposed amendment designates a significant amount of urban development to occur in a rural area at a substantial distance from existing urban areas when more suitable sites are available for this use. Fire services, emergency response and law enforcement costs in time, money and energy are extended because of the site's isolation. The closest Fire or EMS station is located in Everglades City, approximately 50 miles from the site. The nearest law enforcement is 43 miles away just outside of Ochopee. There is limited cell phone service at the site. The combination of distance, access to assistance and the high probability for injury associated with the activity creates the need for services to be expanded to the site. Therefore, the proposed amendment exhibits three indicators of urban sprawl, as outlined in Rule 9J- 5.006(5)(g) 2., 4., and 8., F.A.C. The proposed amendment fails to comply with the requirements of House Bill 697 requiring new developments to be designed to encourage energy - efficient land use patterns and reduce greenhouse gas emissions. The proposed 1,608 acre site is located in the middle of the State, some thirty -five miles from the nearest urban and suburban centers. The proposed location poses a significant distance for potential users to travel and does not promote energy - efficient land use patterns and reduce greenhouse gas emissions. The proposed amendment is not consistent with the requirements of House Bill 697 (as codified in Section 163.3177(6)(a) and (b), F. S. Rules 9J- 5.005(2) and (5); 9J- 5.006(1) and (2); 9J- 5.006(3)(b); 9J- 5.006(3)(b)8; 9J- 5.006(3)(c); 9J- 5.006(4); 9J- 5.006(5); and 9J- 5.006(5)(g)2., 4., and 8., F.A.C.; and Sections 163.3177(6)(a), (b), and (d); and 163.3177(2, 3, and 8), F.S. Recommendation: Do not adopt the amendment. The County should reconsider other locations for the proposed uses in order to protect natural resources, discourage urban sprawl, promote energy efficient land use patterns, and reduce greenhouse gas emissions. 8. Obiection (Plan Policy Guidelines/Standards): The proposed amendment includes the following text language: "Site development shall restore /realign existing trails previously created by swamp buggies that traverse the site primarily in an east /west direction. " This proposed text language would allow the continuation (through restoring/realigning trails) of uses that adversely impact natural resources (wetlands, vegetation, soils, surface water, floodplains, wildlife and wildlife habitat); and therefore, the amendment is not consistent with the requirements of Rule 9J -5, F.A.C., and the Collier County Growth Management Plan to conserve and protect natural resources. In addition, this proposed text language does not establish meaningful and predictable guidelines and standards addressing: (1) defining "restore /realign" in order to guide the scope and extent of such action in a manner that ensures the conservation and protection of natural resources; and (2) defining "existing trails" with regard to time. The proposed amendment includes the following text language: "Development within this District, except for trails, shall be concentrated within already disturbed area within the western portions of the site, primarily in Section 16. " The proposed text language is vague as to what constitutes "already disturbed area" and the specific location of the "already disturbed area." Thus, this proposed text language does not establish meaningful and predictable guidelines and standards that define the geographic extent of the area contemplated by the text language. The proposed amendment includes text language that requires an adaptive comprehensive management plan be provided at the time of rezoning. The proposed text language does not establish meaningful and predictable guidelines and standards to ensure that the adaptive comprehensive management plan shall be part of the approved rezoning or site plan conditions for the site in order to ensure that development must be consistent with the adaptive comprehensive management plan. The proposed amendment does not include plan policies establishing meaningful and predictable guidelines and standards, supported by data and analysis, addressing the following in a manner that ensures protection of natural resources: (1) maximum trail widths; (2) total number of OHVs allowed each day; (3) maximum number of RV campsites or lots; (4) water levels at which the trails will close and reopen; (5) methods to keep OHVs on the trails and within the 1,608 acre site; (6) types and sizes of vehicles allowed; (7) compliance and efforcement; (8) impact thresholds for trail usage and closures; (9) habitat restoration; and (10) surface water management. Rules 9J- 5.005(2), (5), and (6); 9J- 5.006(3)(b) and (c); 9J- 5.011(2)(b) and (c); 9J- 5.013(2)(b) and (c); and 9J- 5.013(3), F.A.C.; and Sections 163.3177(6)(a), (c) and (d); and Sections 163.3177(2), (8), and (10), F.S. Recommendation: Do not adopt the amendment. The County should consider other locations for the proposed use and establish meaningful and predictable guidelines and standards for land use and to ensure the protection of natural resources. 12 II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN Obiection: The proposed Comprehensive Plan amendments related to the objections raised above are not consistent with and do not further the following provisions of the State Comprehensive Plan (Chapter 187, Florida Statutes) for the reasons noted in the objections raised above in Section I: (a) Goal 7.a (Water Resources); Policies 7.b.1, 7.b.2, 7.b.5. 7.b.8, and 7.b.10 (the amendments related to Objections 5, 6, and 8); (b) Goal 9.a (Natural Systems and Recreational Lands); Policies 9.b.1, 9.b.3, 9.b.4, 9.b.7, and 9.b.8 (the amendments related to Objections 5, 6, and 8); (c) Goal 10.a (Air Quality); Policy 10.b.1 (the amendment related to Objection 7); (d) Goal 1 La (Energy); Policy l Lb. (the amendment related Objection 7; (e) Goal 15.a (Land Use); Policies 15.b.1, 15.b.2, and 15.b.6; (the amendments related to Objections 2, 4, 5, 6, 7, and 8); (f) Goal 17.a (Public Facilities); Policy 17.b.7; (the amendments related to Objections 2 and 4); (g) Goal 19.a (Transportation); Policies 19.b.3, 19.b.9, and 19.b.13; (the amendments related to Objections 2 and 4); and (h) Goal 25.a (Plan Implementation); Policy 25.b.7; (the amendments related to Objections 1 through 8). Recommendation: Revise the plan amendments as recommended for the objections raised above. A i Florida Department of Transportation CHARLIE CRIST 2295 Victoria Avenue, Suite 292 STEPHANIE C. KOPELOUSOS GOVERNOR Fort Myers, FL 33901 SECRETARY March 4, 2010 Mr. Ray Eubanks Plan Review and Processing Administrator Department of Community Affairs (DCA) Division of Community Planning 2555 Shumard Oaks Blvd. Tallahassee, FL 32399 RE: Collier County 10-1 Proposed Comprehensive Plan Amendments — FDOT Comment's Dear Mr. Eubanks: The Florida Department of Transportation, District 1, has reviewed the proposed version of the Collier County 10 -1 comprehensive plan amendments. The submittal consists of six amendments. This letter offers comments on the proposed amendments. AMENDMENT CP- 2007 -1, WILSON BOULEVARD CONDITIONAL USES SUBDISTRICT This amendment creates the Wilson Boulevard Conditional Uses Subdistrict for 5.17 acres located on the south side of Immokalee Road (C.R. 846) and the east side of Wilson Boulevard by adding new text to Policy 1. 1.2 of the Golden Gate Area Master Plan (a chapter in the comprehensive plan). The Golden Gate Area Future Land Use Map is being modified accordingly. The new text lists design standards for the Subdistrict. The proposed Subdistrict allows up to 40,000 gross square feet of development. Allowed uses in the Subdistrict are those permitted in the Estates Zoning District. The adopted land use designation for the site is Residential Estates Subdistrict, which allows single- family residential development at 1 dwelling unit per 2.25 gross acres. The table below shows the maximum development that can occur for the site under the adopted and proposed future land use designations. *Commercial development is assumed to be the most intense trip generator allowed. NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition. The department offers the following comments on this amendment: www.dot.state.fl.us ITE Size of Develo ment Maximum Land Daily P.M. Peak Scenario Land Use Designation Allowed Acres Allowed Trips Trips Density /]Intensity Code Development Adopted Residential Estates 1 unit/2.25 acres 210 5.17 2 units 19 2 Subdistrict Wilson Boulevard Proposed Conditional Uses 40,000 sf 820* 5.17 40,000 sf 3,743 344 Subdistrict Change in Trips +3,724 +342 *Commercial development is assumed to be the most intense trip generator allowed. NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition. The department offers the following comments on this amendment: www.dot.state.fl.us Mr. Ray Eubanks Collier County 10 -1 Proposed Comprehensive Plan Amendments — FDOT Comments March 4, 2010 Page 2 of 5 FDOT Comment 1: While the amendment results in a potential increase in site - generated traffic, the site is not located in close proximity to State roadways. The amendment is, therefore, not likely to significantly impact State roadways. FDOT Comment 2: The department notes that Revised Policy 1. 1.2 in the Golden Gate Area Master Plan states that allowed land uses are those "that are permitted and conditional units in the Estates Zoning District in the County Land Development Code." The department recommends defining allowed land uses explicitly in the comprehensive plan because 9J- 5.005(6), F.A.C., states, "Goals, objectives, and policies shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations." AMENDMENT CP- 2007 -3, MISSION SUBDISTRICT This amendment creates the Mission Subdistrict for 21.72 acres located on the south side of Oil Well Road (C.R. 858) and just west of Everglades Boulevard by adding new text to Policy 1. 1.2 of the Golden Gate Area Master Plan. The Golden Gate Area Future Land Use Map is being modified accordingly. The proposed Subdistrict allows up to 90,000 gross square feet of development. Allowed uses in the Subdistrict are churches, child care centers, private schools, social services centers, and medical outreach activities; soup kitchens and homeless shelters are not allowed. Alternatively, the Subdistrict can be developed with single - family dwellings per the Residential Estates Subdistrict, which allows 1 unit per 2.25 acres. The adopted land use designation for the site is Residential Estates Subdistrict. The table below shows the maximum development that can occur for the site under the adopted and proposed future land use designations. Maximum Development Scenario Trip Generation Comparison *A 90,000 sf church is a more intense trip generator than 9 units of single - family residential. NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition. The department offers the following comment on this amendment: FDOT Comment 3: While the amendment results in a potential increase in site - generated traffic, the potential increase is relatively small and the site is not located in close proximity to State roadways. The amendment is, therefore, not likely to significantly impact State roadways. AMENDMENT CP- 2008 -2, RANDALL BOULEVARD COMMERCIAL SUBDISTRICT This amendment expands the Randall Boulevard Commercial Subdistrict located on the south side of Randall Boulevard and just east of the Immokalee Road (C.R. 846)/Wilson Boulevard intersection by 48.97 acres to 56.5 total acres. Relevant text in the Land Use Designation Description section of the Golden Gate Area Master Plan is being revised, and the Golden Gate Area Future Land Use Map is being modified accordingly. The expanded Subdistrict allows an additional 370,950 gross square feet of development. Allowed uses in the Subdistrict are those permitted in the General Commercial District (a zoning designation) except for several specifically prohibited commercial uses. The adopted land use designation for the affected acreage is Residential www.dut.statc.tl.us ITE Size of Development Scenario Land Use Maximum Allowed Land Allowed Daily P.M. Peak Designation Density /Intensity Use Acres Development Trips Trips Code Adopted Residential Estates I unit/2.25 acres 210 21.72 9 units 113 12 Subdistrict Pro osed Mission Subdistrict 90,000 sf 560 1 21.72 90,000 sf 820 50 Change in Trips +707 38 *A 90,000 sf church is a more intense trip generator than 9 units of single - family residential. NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition. The department offers the following comment on this amendment: FDOT Comment 3: While the amendment results in a potential increase in site - generated traffic, the potential increase is relatively small and the site is not located in close proximity to State roadways. The amendment is, therefore, not likely to significantly impact State roadways. AMENDMENT CP- 2008 -2, RANDALL BOULEVARD COMMERCIAL SUBDISTRICT This amendment expands the Randall Boulevard Commercial Subdistrict located on the south side of Randall Boulevard and just east of the Immokalee Road (C.R. 846)/Wilson Boulevard intersection by 48.97 acres to 56.5 total acres. Relevant text in the Land Use Designation Description section of the Golden Gate Area Master Plan is being revised, and the Golden Gate Area Future Land Use Map is being modified accordingly. The expanded Subdistrict allows an additional 370,950 gross square feet of development. Allowed uses in the Subdistrict are those permitted in the General Commercial District (a zoning designation) except for several specifically prohibited commercial uses. The adopted land use designation for the affected acreage is Residential www.dut.statc.tl.us Mr. Ray Eubanks Collier County 10 -1 Proposed Comprehensive Plan Amendments — FDOT Comments March 4, 2010 Page 3 of 5 Estates Subdistrict, which allows single - family residential development at 1 dwelling unit per 2.25 gross acres. The table below shows the maximum development that can occur for the site under the adopted and proposed future land use designations. Maximum Development Scenario Trip Generation Comparison *This is the added acreage stated in the executive summary. The staff report states that the increase is 390,950 sf. NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition. The department offers the following comments on this amendment: FDOT Comment 4. While the amendment results in a potential increase in site - generated traffic, the site is not located in close proximity to State roadways. The amendment is therefore not likely to significantly impact State roadways. FDOT Comment 5. The department notes that the revised text in the Land Use Designation Description section of the Golden Gate Area Master Plan states that allowed land uses are those "that are permitted and conditional uses of the C -4, General Commercial District, in the Collier County Land Development Code." The department recommends defining allowed land uses explicitly in the comprehensive plan because 9J- 5.005(6), F.A.C., states, "Goals, objectives, and policies shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations." AMENDMENT CP- 20084, RURAL FRINGE MIXED -USE DISTRICT This amendment changes the future land use destination on 29 acres in the North Belle Meade Overlay from Rural Fringe Mixed -Use District Sending Lands, which allows 1 dwelling unit per 40 acres and nonresidential uses such as agriculture, passive parks, passive recreation, sports camps, oil and gas exploration, and accessory commercial uses, to Neutral Lands, which allows 1 dwelling unit per 5 acres for most residential uses, I I single - family dwelling units per acre or 22 multi - family dwelling units per acre for up to 10 acres for farm labor housing, and nonresidential uses such as agriculture, sports camps, golf courses, driving ranges, zoos, places of worship, day care centers, solid waste facilities, cemeteries, natural resources extraction, and private schools. The site is located on the north side of I -75 and two miles east of Collier Boulevard (C.R. 951). The table below shows the maximum development that can occur for the site under the adopted and proposed future land use designations. Maximum Development Scenario Trip Generation Comparison Maximum ITE Size of Development Acres Allowed Maximum Land Daily P.M. Peak Daily Trips P.M. Peak Trips Scenario Land Use Designation Allowed Use Acres Allowed Trips Trips Adopted p Rural Fringe Mixed -Use Density /Intensity Code 29 Development 10 I Adopted Residential Estates I unit/2.25 acres 210 48.97 21 units 247 26 Proposed Subdistrict 22 units/acre * 220 29 220 units 1,457 139 Pro posed p Randall Boulevard 370,950 sf' 820 48.97 370,950 sf 15,922 1,531 Change in Trips Commercial Subdistrict +138 Change in Trips +15,675 +11,505 *This is the added acreage stated in the executive summary. The staff report states that the increase is 390,950 sf. NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition. The department offers the following comments on this amendment: FDOT Comment 4. While the amendment results in a potential increase in site - generated traffic, the site is not located in close proximity to State roadways. The amendment is therefore not likely to significantly impact State roadways. FDOT Comment 5. The department notes that the revised text in the Land Use Designation Description section of the Golden Gate Area Master Plan states that allowed land uses are those "that are permitted and conditional uses of the C -4, General Commercial District, in the Collier County Land Development Code." The department recommends defining allowed land uses explicitly in the comprehensive plan because 9J- 5.005(6), F.A.C., states, "Goals, objectives, and policies shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations." AMENDMENT CP- 20084, RURAL FRINGE MIXED -USE DISTRICT This amendment changes the future land use destination on 29 acres in the North Belle Meade Overlay from Rural Fringe Mixed -Use District Sending Lands, which allows 1 dwelling unit per 40 acres and nonresidential uses such as agriculture, passive parks, passive recreation, sports camps, oil and gas exploration, and accessory commercial uses, to Neutral Lands, which allows 1 dwelling unit per 5 acres for most residential uses, I I single - family dwelling units per acre or 22 multi - family dwelling units per acre for up to 10 acres for farm labor housing, and nonresidential uses such as agriculture, sports camps, golf courses, driving ranges, zoos, places of worship, day care centers, solid waste facilities, cemeteries, natural resources extraction, and private schools. The site is located on the north side of I -75 and two miles east of Collier Boulevard (C.R. 951). The table below shows the maximum development that can occur for the site under the adopted and proposed future land use designations. Maximum Development Scenario Trip Generation Comparison www.dot.state.11.us Maximum ITE Size of Develo pment Acres Allowed Scenario Land Use Designation Allowed Land Use Daily Trips P.M. Peak Trips Density /Intensity Code Development Adopted p Rural Fringe Mixed -Use I unit/40 acres* 210 29 1 unit 10 I District Sending lands Proposed Neutral Lands 22 units/acre * 220 29 220 units 1,457 139 u to 10 acres s Change in Trips +1,447 +138 www.dot.state.11.us Mr. Ray Eubanks Collier County 10 -1 Proposed Comprehensive Plan Amendments — FDOT Comments March 4, 2010 Page 4 of 5 NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition. * Various nonresidential uses are allowed, but Trip Generation does not contain comparable land uses for all of them (e.g„ for oil and gas extraction and sports camps). Also, the comprehensive plan does not contain intensity standards for the nonresidential land uses. The department offers the following comment on this amendment: FDOT Comment 6: The department notes that the potential increase in trips may be larger than shown in the table above because intensities for the relevant future land use designations are not stated in the comprehensive plan and reliable trip generation data are not readily available for several of the allowed uses. The County should provide intensity standards and land use mix percentages, as appropriate, for these future land use designations. FDOT Comment 7. The applicant should analyze the maximum development scenario as defined in the comprehensive plan, with all assumptions clearly stated, rather than the proposed development plan, unless a site - specific text amendment limits the maximum development scenario to the proposed development plan. FDOT Comment S. The amendment results in a potential increase in site - generated traffic and is located adjacent to I -75 and less than two miles from an I -75 interchange. The department's data indicate that two segments of I -75 are not projected to not meet the adopted LOS standard in the long term. The applicant's traffic study does not include I -75. The study should be revised to include I -75 and a long- term LOS evaluation. Improvements needed to maintain adopted LOS standards should be identified and added to the appropriate plans. Long -term improvements may consist of detailed strategies for addressing LOS issues. These strategies can include development of parallel roadways, multimodal investments, and implementation of concurrency alternatives. Mitigation and strategies should be coordinated with the department and affected local governments. AMENDMENT CP- 2008 -7, FUTURE LAND USE POLICY 4.11 This amendment creates Future Land Use Policy 4.11, which states that the County will make various horizons in the comprehensive plan (e.g., the planning horizons associated with the Future Land Use Map and the Rural Lands Stewardship Overlay) consistent through the Evaluation & Appraisal Report (EAR) process in 2011. The department has no comments on this amendment. AMENDMENT CP- 2009 -1, DADE - COLLIER CYPRESS RECREATION AREA DISTRICT This amendment creates the Dade - Collier Cypress Recreation Area District for 1,608 acres located on the north side of US 41 and the west side of the Miami -Dade County line in the Big Cypress National Reserve. The new District is listed under Future Land Use Policy 1.4 and is described under the Conservation designation in the Future Land Use Designation Description section of the Future Land Use Element. The District is intended to enhance recreational opportunities. The Future Land Use Map is being modified accordingly. The new text lists the required components of a management plan for the District. Allowed uses in the District are a visitors center, parking, camping, piers and docks, trails, an archery range, off - highway vehicles, and uses already allowed under the Conservation future land use designation. The new text lists the following maximum intensities for the new uses: • 2,400 square foot visitors center (with offices) • 10 acres of primitive camping ■ 10 acres of recreational vehicle camping • 300 acres of fishing piers and docks • 45 acres of multi -use trails www.dot,state.11.us Mr. Ray Eubanks Collier County 10 -1 Proposed Comprehensive Plan Amendments — FDOT Comments March 4, 2010 Page 5 of 5 • 10 acres of archery range ■ 15 acres of off - highway vehicle trails Conservation, which is the adopted land use designation for the site, allows group housing, sports and recreational camps (with lodging), conservation uses, passive parks, agricultural uses, utilities, oil extraction and processing, and accessory commercial uses. The new District does not appear to allow uses that are more intense than those currently allowed under the Conservation future land use designation, and department data indicate that US 41 in the vicinity of the site is projected to meet the adopted LOS standard in the near and long term. Therefore, the department has no comments on this amendment. If you have any questions or need additional information, please contact me at (239) 461 4300 or lawrence.massey@dot.state.fl.us. LLWII?Wka Sincerely, Lawrence Massey/ District 1 Growth Management Coordinator www.dot.state.fl.us • 1 March 15, 2010 (Corrected) Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 " Mr. D. Ray Eubanks Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 RE: Collier County; Comprehensive Plan Amendment 10-1 Dear Mr. Eubanks: The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (DEP or Department) has reviewed the above- referenced amendment sub- mitted by Collier County (County) under the provisions of Chapter 163, Part Il, Florida Statutes (F.S.), and Chapters 9J -5 and 9J -11, Florida Administrative Code (F.A.C.). Our comments address the potential impacts of the proposed land use designation and policy changes on resources or facilities within the purview of the Department's regulatory and proprietary responsibilities. The Department submits the following comments and recommendations to assist your agency in developing the state's response to the proposed amendments. CP- 2009 -1 DADE- COLLIER CYPRESS RECREATION AREA DISTRICT DESCRIPTION OF AMENDMENT AND LOCATION The transmittal package included six (6) amendments to the County's Future Land Use Map (FLUM) and related text changes. The Department is concerned about amendment CP- 2009 -1, which proposes modification of the current Conservation FLUM designation for 1,608 acres near the southeastern corner of the County, to allow an alternative land use entitled "Dade - Collier Cypress Recreation Area District" (District). The site is part of 24,000+ acres owned by Miami -Dade County, which seeks to develop the property for both active and passive recreational activities, including off - highway vehicle (OHV) trails, recreational vehicle (RV) camping, primitive camping, fishing, hiking and bicycle trails, wildlife viewing and archery. Mr. D. Ray Eubanks Collier 10 -1 Page 2 of 7 March 15, 2010 The property lies within the Big Cypress Area of Critical State Concern and Big Cypress National Preserve.' Designated as Outstanding Florida Waters (OFWs) under § 62- 302.700, F.A.C., the Preserve is afforded the highest level of protection from water quality degradation under § 624.242(2), F.A.C. In addition, natural sheetflow from the proposed site flows southward to Everglades National Park and Florida Bay, both of which are also designated as OFWs and worthy of special protection. SUMMARY OF DEPARTMENT FINDINGS Based on the information and analysis set forth below, the Department has determined that proposed amendment CP- 2009 -1 is inconsistent with the following provisions of Chapter 9J -5, F.A.C.: • 9J- 5.013(3)(b) - future land uses that are incompatible with the protection and conservation of wetlands and their functions must be directed away from the wetlands. • 9J- 5.006(3)(b)(1) -future land uses must be coordinated with appropriate topography and soil conditions and the availability of facilities and services; and • 9J- 5.013(2)(c)6 - the comprehensive plan's Conservation Element must provide for the protection of natural functions of soils, fisheries, wildlife habitats and wetlands. SUITABILITY OF SITE FOR OHV USE The Department understands the importance of establishing controlled, well - designed and effectively managed areas and facilities for the use of OHVs. Such facilities provide the opportunity to reduce dispersed, unmanaged, and illegal OHV uses that can have long -term impacts on sensitive conservation lands, wildlife habitats, and native flora and fauna. Establishment of effectively managed areas for OHVs is compatible with the state's overall recreation plan and underlying goals for multiple uses (see Ch. 261, F.S.). Miami -Dade and Collier Counties were specifically identified as high priority areas for developing sites for OHV use in the Off - Highway Vehicle Safety & Recreation Act Report (2002) prepared by the Florida Department of Agriculture's Division of Forestry and submitted to the Governor and Legislature. The Department therefore recognizes that a controlled, well- managed OHV site in this region would meet both state and locally iden- tified recreational needs. The location of OHV use areas must, however, be compatible with natural resource protection and conservation needs in the area, as well as the resource protection requirements of law. 1 FAA. STAT. § 380.055 (2009). Mr. D. Ray Eubanks Collier 10 -1 Page 3 of 7 March 15, 2010 While the Department supports the responsible use of OHVs on designated trails, the site proposed for the District is inappropriate. Best available data shows that approximately 93-96% of the site consists of wetland vegetative communities - mixed hardwood, dwarf cypress, wetland scrub and freshwater marsh - and that the property is flooded most of the year. Although some of the onsite vegetation has been disturbed for borrow pits and buffers, the vast majority of the site consists of viable functioning wetlands. The length of time the proposed site is flooded each year - and the depth to which the water levels may rise - will likely increase upon implementation of the Decompartment- alization and Sheetflow Project under the Comprehensive Everglades Restoration Plan. The goal of the project is to raise water levels and extend the hydroperiod in the Big Cypress National Preserve. As part of the project, the U. S. Army Corps of Engineers will remove the L -28 levee located on the east side of the proposed site, to increase westward sheetflow from the West Feeder Canal to the preserve. The increased water levels and extended hydroperiod would lengthen the period of time during which the property would be inaccessible for OHV use, RV camping and possibly primitive camping, hiking and cycling. The Department is especially concerned about water quality impacts that the proposed OHV use (and development of the proposed use) would have on environmentally sensi- tive natural resources found within and adjacent to the site. The proposed amendment provides as follows: Development within this District, except for trails, shall be concentrated within already disturbed area[s] within the western portions of the site, primarily in Section 16. All development shall comply with the Area of Critical State Concern Overlay standards, except for Section 1. Site Alteration, standard d, which prohibits destruction or alteration of mangrove trees, salt marsh grasses, and all wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17- 301, Florida Administrative Code, as amended.2 The exceptions provided in the foregoing amendment language are inappropriate. It was the Department's understanding that all development on the site would be concentrated in already disturbed areas, including the OHV and cycling trails. In addition, exempting development on the site from compliance with critical resource protections is unacceptable. As previously noted, the subject property lies within the Big Cypress National Preserve and upstream from Everglades National Park and Florida Bay, all of which have been designated as OFWs and afforded a high level of protection from water quality impacts. 2 Ch. 17 -301 is now Ch. 62 -301, F.A.C., and the responsible agency is the Department of Environmental Protection. Mr. D. Ray Eubanks Collier 10 -1 Page 4 of 7 March 15, 2010 The amendment application stated that wastewater services would be provided by on- site septic systems. Because the property consists primarily of wetlands and is flooded most of the year, the use and proper function of in- ground septic systems is problematic, particularly in light of the heightened water quality standards applicable to the site. The amendment package provided no data and analysis on the potential impacts that onsite wastewater treatment and disposal systems would have on the nutrient - sensitive Ever- glades ecosystem. Several listed species are known to occur on the site and in adjacent areas, including the Florida panther, American alligator, wood stork, snail kite, black bear and Big Cypress fox squirrels. The soils are shallow, sensitive to disturbance and susceptible to erosion, and the introduction of OHVs would likely result in further loss and fragmentation of wildlife habitat. The proposed amendment would allow considerable ground disturbance from the extensive use of all- terrain vehicles, off - highway motorcycles and motocross activities. When combined with the area's shallow soils and sheet flow across the site, these uses would lead to significant amounts of silt transported into surrounding natural areas. The County has not provided assurances that: • ground disturbances will be avoided and minimized; • all stormwater will be treated prior to leaving the site (including OHV trail system); • pre- development quantity and quality of surface water flow will be maintained; and • the surface water management plan for the site will ensure compliance with OFW water quality standards. The amendment has also failed to provide for containment of discharges and spills of oils, fuels and greases commonly associated with the operation of OHVs. Enacted in 2006, House Bill 697 requires new developments be designed to encourage energy- efficient land use patterns. The proposed site is located in the middle of the state, some thirty-five miles from the nearest urban and suburban centers - a significant distance for potential users to travel. The location of the proposed site therefore fails to comply with the requirements of the legislation. Mr. D. Ray Eubanks Collier 10 -1 Page 5of7 March 15, 2010 LACK OF PREDICTABLE AND MEANINGFUL STANDARDS The proposed policies primarily address the uses allowed in the new District. Due to the sensitive ecosystems in and around the proposed site, the policies must also provide predictable and meaningful standards to guide development within the District. At a minimum, the policies should be amended to address the following issues: • maximum number of trail miles and trail widths; • total number of OHVs allowed each day; • maximum number of RV campsites; • water levels at which the trails will close and reopen; • spill containment; • methods to keep OHVs on -site; • types and sizes of vehicles allowed; • compliance and enforcement; • impact thresholds for trail usage and closures; • habitat restoration; and • surface water management. CONCLUSIONS The Department has determined that the proposed FLUM amendment and associated text amendments are inconsistent with Rule 9J- 5.013(3)(b), F.A.C., which states that "[ f]uuure land uses which are incompatible with protection and conservation of wet- lands and wetland functions shall be directed away from wetlands. The type, intensity or density, extent, distribution and location of allowable uses ... are land use factors which shall be considered when directing incompatible uses away from wetlands." The amendment is also inconsistent with Rule 9J- 5.013(2)(c)6., F.A.C., which provides for the protection of the natural functions of soils, fisheries, wildlife habitats, wetlands, rivers and floodplains. Finally, the amendment is inconsistent with Rule 9J- 5.006(3)(b)1., F.A.C., which states that the comprehensive plan must coordinate future land uses with the appropriate topography and soil conditions and the availability of facilities and services. Mr. D. Ray Eubanks Collier 10 -1 Page 6 of 7 March 15, 2010 The proposed 1,608 -acre site is environmentally unsuitable for the proposed use. The County should reexamine the features of other potential sites and select one that is located nearer to coastal population centers and has fewer environmental impacts. RECOMMENDATION Miami -Dade County's 2007 Off - Highway Vehicle Trails Feasibility Study and Collier County's 2009 Off Highway Vehicle Feasibility Study examined many potential OHV trail sites throughout South Florida, with the proposed District being one of the higher ranked locations. The Department urges the County to revisit the suitability of other sites identified in the feasibility studies, particularly the following: • Opa -Locka West Airport (Countyline Road at U.S. Hwy. 27): a 416 -acre property owned by Miami -Dade County and the site of a decommissioned airport. This property scored higher than the proposed District site in the Miami -Dade feasi- bility study. • Florida Rock & Sand Holdings: several parcels totaling approximately 1,000 acres, currently in agricultural production. • SW 232nd Street and SW 217th Avenue: a 640 -acre site also in agricultural production. • Lake Trafford: a 420 -acre site on which spoil from the lake is currently being placed to allow development of the property as an OHV park. • Hendry County, SR 82 and Church Road: a 640 -acre site currently in agricultural production. • Oil Well Road: a 654 -acre site currently in agricultural production. • C43 Reservoir: a large- acreage site currently under agriculture production, but destined to become a water storage area. Construction on the reservoir project is not anticipated for many years. The South Florida Water Management District (landowner) has indicated its willingness to lease lands on the C43 site for OHV activities, and the U.S. Fish and Wildlife Service has approved a temporary land use change for 200 acres of the site. Additional acreage for OHV use would require approval by the service. The Department recommends that Miami -Dade County re- examine the "Environmental Consideration" scores given to the potential OHV sites listed in its feasibility study. For example, although the natural resources on some properties have been highly impacted Mr. D. Ray Eubanks Collier 10 -1 Page 7 of 7 March 15, 2010 (e.g., the Florida Rock and Sand Holdings site and Lake Belt Rocking Mining Area), the properties were given low scores indicating significant wetlands and /or presence of endangered species. Other lands which should have been given a low score indicating substantial resource sensitivity (such as the proposed site) were given a high score similar to that given to heavily impacted or potentially contaminated sites, such as the former South Dade Landfill. Furthermore, many of the identified sites are located in closer proximity to the majority of registered OHV users in South Florida, but the matrix contained no measure for that positive feature. The underlying problem with scoring for "Environmental Consideration" may have been structural: the description of scores for the other categories generally went from low value (1) to high value (5). For the Environmental Consideration category, how- ever, scoring was not on an increasingly positive scale. For example, the proposed site could have been scored a "1" for significant wetlands and endangered species or a "4" for a disturbed site with environmental features needing consideration. The lack of predictability in the application of matrix criteria introduced a potentially significant variation in final scoring, since the Environmental Consideration category was given double weight. The Department appreciates the opportunity to provide comments on the proposed amendments. Should you have any questions or require additional information, please do not hesitate to contact Mr. Chris Stahl at (850) 245 -2169 or Chris.Stahl©dep.state.fl.us. Yours sincerely, 4r-` •,�/ Sally B. Mann, Director Office of Intergovernmental Programs SBM /cjs ,,��CR 11,11•/\ SOUTHFLORIDA WATER MANAGEMENTDiSTRICT March 10, 2010 Ray Eubanks, Administrator Plan Review and DRI Processing Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Dear Mr. Eubanks: Subject: Collier County DCA #10 -1 Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendments from Collier County (County). The package consists of six proposed amendments to the Collier County Growth Management Plan (GMP). The District's comments focus on amendment CP- 2009 -1, which proposes to create the Dade - Collier Cypress Recreation Area District on a 1,608 -acre portion of the Everglades Jetport site within the Big Cypress National Preserve. The site also is located in the Big Cypress Area of Critical State Concern. The proposed amendment would establish trails for off - highway vehicles and specifically allow extensive use of all - terrain vehicles (ATVs), including off - highway motorcycles and motocross activities on approximately 15 miles of trails in sensitive wetlands of national significance. The District acknowledges the need for land for off - highway vehicle activities, including the use of ATVs. In selecting sites for this use, it is important to locate their use consistent with the protection of important natural resources. The District recommends that the Department of Community Affairs (DCA) incorporate the following comments into the Objections, Recommendations, and Comments (ORC) report to the County for amendment CP- 2009 -1. These concerns would need to be addressed prior to adoption. Ecosystem Restoration • The proposed Dade - Collier Cypress Recreation Area District is potentially inconsistent with the goals of the Comprehensive Everglades Restoration Plan (CERP). The purpose of the CERP Decompartmentalization and Sheetflow Project is to reestablish sheetflow from the West Feeder Canal across the Big Cypress Reservation of the Seminole Tribe of Indians of Florida and into the Big Cypress National Preserve. As presented in the attached map (Attachment A), the L -28 levee is in close proximity to the site. The objective of the project is to raise the water levels and extend the hydroperiod in the Big Cypress National Preserve. As noted in the proposed amendment, the site currently would be unusable several months out of the year due to wet season conditions. Implementation of the 1-28 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686$800 - FL WAM 1 -800- 432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33116 4680 0 www.sfwind.gov Mr. Ray Eubanks, Administrator March 10, 2010 Page 2 feature of the Decompartmentalization and Sheetflow Project would further restrict the time the site could be functional for ATV and off - highway motorcycle use. Additionally, creation of the Dade - Collier Cypress Recreational Area District prior to completion of this project could potentially conflict with Everglades restoration efforts to restore the hydroperiod in the area. Natural Systems • The proposed off - highway vehicle and ATV use appears to be inconsistent with the primary purpose of the Big Cypress Area of Critical State Concern designation: "to conserve and protect the natural, environmental and economic resources and the scenic beauty of the Big Cypress Area, including the proposed Federal Big Cypress National Fresh Water Reserve, the Everglades National Park, and ecologically related wetlands, estuarine fisheries, and the fresh water aquifer, and ecologically related areas..." The proposed uses potentially will impact approximately 1,600 acres of environmentally sensitive lands, including wetlands, on the proposed site and surrounding areas within the Big Cypress National Preserve. The proposed uses are likely to have primary and secondary impacts to these environmentally sensitive areas. These impacts will need to be addressed during permitting. Extensive off - highway vehicle and ATV use may impact endangered and other listed species on the property and surrounding area. The site is located in primary Florida panther habitat and primary and secondary black bear habitat. Fencing, noise pollution, and increased human activities can directly impact such species. The site is also habitat for many other listed species. The direct and indirect impacts to listed species and. their habitats, onsite and offsite, need to be thoroughly analyzed and minimized, if not eliminated. The U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission will need to approve any plans. The overall management of the proposed site has not been sufficiently addressed. Assurances of resource protection need to be incorporated into the amendment. The following areas should be included in the analysis: adaptive management, endangered species protection, removal and reduction of invasive species, site restoration, resource management, and planned enforcement measures. Water (duality • The use of on -site sewage disposal systems (septic with drainfields or package plant) have the potential to affect water quality and introduce a new source of nutrient loading to this site and the surrounding area. The Everglades are an oligotrophic system, highly sensitive to very low levels of increased nutrient loading. The impact to the Everglades environment by on -site wastewater systems and active recreational use of the site has not been adequately analyzed. Mr. Ray Eubanks, Administrator March 10, 2010 Page 3 Water SUDO • The ability to use on -site wells and water treatment facilities has not been analyzed. The applicant would have to demonstrate during consumptive use permitting that on- site wells would not have the potential to draw down surface water and groundwater sources and are consistent with restoration objectives. We look forward to continuing to collaborate with the County and DCA to protect the water resources of the region. For assistance or additional information, please contact, Rod Braun, Director, Intergovernmental Policy and Planning Division at (561) 682 -2925 or rbraunOsfwmd.00v. Sincerely, �'i� Kim Shugar Department Director, Intergovernmental Programs South Florida Water Management District c: Rod Braun, SFWMD Nick Casalanguida, Collier County Ken Heatherington, ACIP, Southwest Florida Regional Planning Council Rebecca Jetton, DCA James A. McCall, Miami -Dade County Mary Ann Poole, FWC Jim Quinn, DEP Pedro Ramos, Superintendent, Big Cypress National Preserve Brenda Winningham, DCA 7A Aftk March 24, 2010 Ray Eubanks, Administrator Plan Review and Processing Florida Fish Department of Community Affairs and Wildlife 2555 Shumard Oak Boulevard Conservation Tallahassee, FL 32399 -2100 Commission RE: Collier County Comprehensive Plan Amendment Submittal (DCA 10 -1) Commissioners Rodney Barreto Dear Mr. Eubanks: Chairman Miami The Florida Fish and Wildlife Conservation Commission (FWC), Division of Habitat and Species Richard Corbett Vice Chairman Conservation's Habitat Conservation Scientific Services Section, has coordinated our agency's Tampa review of the Collier County 10 -1 comprehensive plan transmittal package and is submitting Kathy Barco comments and recommendations in accordance with Chapter 163, Florida Statutes, and Chapter Jacksonville 9J -5, Florida Administrative Code. Our comments focus on one of the proposed changes, CP- Ronald M. Bergeron 2009 -1. Fort Lauderdale Dwight Stephenson Delray Beach Kenneth W. Wright Proposed Action: CP- 2009 -1 Winter Park Brian S. yeblonski This amendment requests a change to the Future Land Use Element (FLUE) and Future Land Use Tallahassee Map (FLUM) and Map Series to create the 1,608 -acre Dade - Collier Cypress Recreation District Executive Staff within the area currently designated as Conservation in the FLUM. The amendment would allow Nick Wiley the development of a wilderness park consisting of a visitors' center (up to 2,400 square feet), Executive Director parking for up to 80 vehicles and trailers, up to 10 acres of recreational vehicle camping, up to 10 Greg Holder acres of primitive camping, an archery range up to 10 acres in size, up to 300 acres of fishing Assistant Executive Director piers and docks, up to 15 miles of trails for off - highway vehicles (OHVs), and up to 10 miles of Karen Ventimiglia multi -use trails (for p viewing p over pedestrians, bicycles, wildlife viewilatforms, and overlooks). Deputy Chief of Staff ) This amendment would also institute provisions that are intended to address limitations to the types of vehicles that would be allowed (e.g., no tracked vehicles, tire chains, or swamp buggies); a vehicle inspection and registration program; trails that are designated, monitored, and enforced, Office of the with an unidentified cap on the allowable number at any one time; specifications for operations Fxecutive Director and closures; monitoring impacts to listed species; and restoration of previously impacted areas Nick whey Executive Director no longer available for vehicle use. The proposal itself provides no guidelines for the siting of the g P Po P 8� g facilities. (850) 487.3796 (850) 921 -5786 FAX Area and Resource Description Managing fish and wildlife resources for their long -term The subject property consists of a 1,608 -acre portion of the Big Cypress National Preserve owned ofpe well-being pie, and the benefit of people. b Miami -Dade County and known as the Everglades Jetport; the site itself lies almost Y ty g p immediately south of the runway and related facilities. The proposed site contains five borrow 620 South Meridian Street Pits, and is bordered on the north side by a small canal. It is also currently used by off -road vehicles (swamp buggies) primarily to access the area for hunting. Overall, the site is 323991600 Voice: (850) 48 8-4676 characterized mainly by freshwater marsh, cypress swamp, hardwood swamp, and wet prairie vegetation communities typical of this portion of Big Cypress National Preserve. It is also within Hearing/speech impaired: the Corn Dance Unit of the Big Cypress Wildlife Management Area. (800) 955- 8771(T) (800) 955.8770 (V) According to a GIS review of the subject site, there are 17 listed wildlife species either MyFWC.com documented to occur or potentially occurring in the area. The Florida panther (federally and cay Eubanks Page 2 March 24, 2010 state - listed as endangered) has been documented on site, and it is also located in both primary and secondary range for the Big Cypress black bear subpopulation; the Florida black bear is state - listed as threatened in this area. Comments We continue to support responsible, controlled use of motorized vehicles and non - motorized access for hunting and other nature-based recreation in the Big Cypress National Preserve as we have in the past for this area. The proposed provisions for careful planning, monitoring, and enforcement are in line with recommendations that we have made for other parts of the Big Cypress National Preserve, and we would very much welcome the opportunity to work with Collier and Miami -Dade counties to craft these plans to ensure that recreational uses are implemented in a way that is compatible with the area's rich natural resources. In addition to a monitoring plan for potential impacts to listed species, we recommend that the amendment provide guidance for the appropriate actions to be taken if negative impacts are identified through this monitoring program. This amendment proposes a number of supporting and ancillary facilities, such as the visitors' center, parking lot for 80 vehicles and their associated trailers, recreational vehicle camping, primitive camping, fishing, and an archery range. While the FWC has always been an advocate for access to a variety of nature -based recreational opportunities, this amendment does not indicate how the construction would be done in a way that would be compatible with the listed species that either have been documented on or potentially use the project site. We appreciate the opportunity to provide input on this proposed amendment, and will be happy to work with you and the staff of Collier and Miami -Dade counties to ensure that recreational use of this site will be compatible with the region's fish and wildlife resources. If you have any questions, please feel free to contact either me at 561 - 625 -5122 or Mary Ann Poole at 850 -410- 5272. Sincerely, Chuck Collins Director, South Regional Office cc /map Collier County_ 2642_ 032410 ENV 2 -3 -32 cc: Nick Casalanguida, Collier County James McCall, Miami -Dade County Brenda Winningham, DCA, Tallahassee Kim Sugar, SFWMD, West Palm Beach Sally Mann, DEP, Tallahassee (salty mannndeV.state.fl.us) Ken Heatherington, SWFRPC, Ft. Myers P FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES February 10, 2010 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Historic Preservation Review of the Collier County 10 -1 Comprehensive Plan Amendment Dear Mr. Eubanks: According to this agency's responsibilities under Section 163, Florida Statutes, and Chapter 9J- 5, Florida Administrative Code, we reviewed the above document to determine if data regarding historic resources were given sufficient consideration in the request to amend the Collier County Comprehensive Plan. We reviewed six proposed amendments to the Collier County Comprehensive Plan, consisting of both map and text changes, to consider the potential effects of these actions on historic resources. None of the amendment areas have recorded historic resources nor are within the archaeological high probability zones. Thus, while our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the county's responsibility to ensure that the proposed revision will not have an adverse effect on significant archaeological or historic resources. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at 850.245.6333. Sincerely, / Laura A. Kammerer, Historic Preservationist Supervisor Compliance Review Section Bureau of Historic Preservation xc: Ms. Brenda Winningham 500 S. Bronough Street . Tallahassee, FL 32399 -0250 • http: / /www.flheritage.com 0 Director's Office O Archaeological Research I Historic Preservation 850.245.6300 • FAX: 245.6436 850.245.6444 • FAX: 245.6452 850.245.6333 • FAX: 245.6437 March 17 2010 � :s-�. -�:; ,. �-• Mr. D. Ray Eubanks' "''° Plan Review and DRI Processing Team j ! AIR 1 8 f Florida Department of Community Affai ZO10 2555 Shumard Oak Boulevard ._ �''_�� • y�'j��.. Tallahassee, Florida 32399 -2100 RE: Collier County; Comprehensive Plan .amendment 10 -1 (CP- 2609 -1) - Dade - Collier Training and Transition Airport Property in the Everglades and Big Cypress Area of Critical State Concern Dear Mr. Eubanks: 1000 Friends of Florida is concerned about amendment CP- 2009 -1, which proposes modification of the current Conservation FLUM designation for 1,608 acres near the southeastern corner of the County, to allow an alternative land use entitled "Dade - Collier Cypress Recreation Area District' (District). The site is known as the Miami -Dade County Jetport, or the Dade - Collier Training and Transition Airport (TNT), consisting of 23,840 acres of Everglades and Big Cypress Swamp lands. Approximately 1,000 acres of this total is the existing airport strip which represents the uncompleted remnants of the failed attempt to build a major airport facility in the Everglades /Big Cypress Swamp during the late 1960s and early 1970s. The project was stopped and recognized as environmentally unsuitable for the location. "The property lies within the Big Cypress Area of Critical State Concern and Big Cypress National Preserve.1 Designated as Outstanding Florida Waters (OFWs) under § 62- 302.700, F.A.C., the Preserve is afforded the highest level of protection from water quality degradation under § 62- 4.242(2), F.A.C. In addition, natural sheet flow from the proposed site flows southward to Everglades National 1000 Friends of Florida • P.O Scx 5948 • Tallahassee. F! 32313 -::=8 • 850 :_= 5277 • fax 850.222.1111 • www.1000friendsofFlorida.org Board of Directors • Victoria Tsch;: al, Ch.�rni Tm Jac<scn. Vita :'; ;.,._ = : ;,cr; :5 art, 5=:'9 ,iy, Allison Moor, Treasurer ] Lester; cterger, Kathy Castor, Robert S. Davis, Jcel Emtry, ti1:a �'arrats�- YiI;c> -: J. C : <iser, J.°' C Nicholas, Steve Pfeiffer, Sibi Ile Bart Prichard, C Aden Watts. Paul Zwick, Nathaniel P. Peed, Chairman Emeritus. Jchn iM Deurc,e, Pras ..­r E :.: Park and Florida Bay, both of which are also designated as OFWs and worthy of special protection..... Several listed species are known to occur on the site and in adjacent areas, including the Florida panther, American alligator, wood stork, snail kite, black bear and Big Cypress fox squirrels. The soils are shallow, sensitive to disturbance and susceptible to erosion, and the introduction of OHVs would likely result in further loss and fragmentation of wildlife habitat." (from DEP site assessment in March 15, 2010 Letter to DCA) The site owned by Miami -Dade County, which seeks to develop the property for both active and passive recreational activities, including off - highway vehicle (OHV) trails, recreational vehicle (RV) camping, primitive camping, fishing, hiking and bicycle trails, wildlife viewing and archery. The proposed land use amendment from its current Conservation category is required to allow the more intensive regular use of OHVs. 1000 Friends supports the use of the area for passive recreational activities, including trails, primitive camping, fishing, hiking and bicycle trails, wildlife viewing and archery which likely can be accommodated under the existing Conservation designation. We believe the area is not suitable to being designated for the intensive regular use of OHVs for the following reasons: • The proposed amendment would allow considerable ground disturbance from the extensive use of all- terrain vehicles, off - highway motorcycles and motocross activities. When combined with the area's shallow soils and sheet flow across the site, these uses would lead to significant amounts of silt transported into surrounding natural areas." (from DEP site assessment in March 15`h Letter to DCA). • Use of OHV by many individuals overtime on the site will likely by the nature of the activity result in accidental discharges and spills of oils, fuels and greases commonly associated with the operation of OHVs. • Several of the listed species known to occur on the site and in adjacent areas, including the Florida panther, American alligator, wood stork, snail kite, black bear and Big Cypress fox squirrels would be negatively impacted by the regular and extensive use of OHV in the area. The proposed amendment would encourage greater disturbance and corresponding incremental site disruption of an area that is already subject to multi- billion dollar mitigation and restoration actions with the collective aims of wildlife and habitat conservation and water quantity and quality management striving toward more natural conditions. • The development of an OHV amusement area in this location is a significant distance from Miami/Ft. Lauderdale and Naples. The OHV community of recreational users would be better served by establishing supportive land use Recreation Area Districts closer to the existing developed areas. This would reduce the driving distance and time and foster more efficient land use (e.g., developed versus undeveloped, conservation versus active, site disturbing recreation). 2 In 2008, Miami Dade Aviation Department (MDAD) hired a consultant to identify revenue - generating opportunities at the airport and provide an assessment of the value of such opportunities. Among the potential uses and revenue sources identified by the consultant that we think are presently available to the site without a change in land use: • Market value of conservation lands: Outright sale of the surface lands which could be expected to provide a one -time revenue gain of $22.8 million based on $1,000 per acre; • Mitigation: For the purpose of the restoration and enhancement of surface lands, the County or third parties could use these restoration projects to mitigate environmental impacts at internal or offsite projects; • Recreational uses: Among such recreational activities and facilities are, back country trails, campground, camping facilities, and non -boat freshwater fishing; and even, • Oil and gas exploration. In summary 1000 Friends does not support the proposed land use change and recommends that the area be kept under a Conservation designation and that uses be limited to passive recreation and mitigative restoration and enhancement actions that over time work to reduce the impacts of the ill -sited airport and enhance the larger area's wildlife habitat values. Sincerely, � a>7++ FL--, Charles G. Pattison FAICP President, 1000 Friends of Florida Cc: Bob Dennis, DCA Mike McDaniel, DCA Sally B. Mann, DEP Jim Jackson, SFWMD Pedro Ramos, Big Cypress National Preserve Mary Ann Poole, FWC Nick Casalanguida, Collier County i `MIAMI, L ADA Coordlnalla, ApndaCamAnatim March 28, 2010 Ani nal SwNcq Art In Public Mac« Barbara Powell Audit and htana�rnenl S@ntc« Plan Review and Processing Arwae Florida Department of Community Affairs eel -Arl 2555 Shumard Oak Blvd. oulm"IcitAlco 1phrim Tallahassee, FL 32399 -2100 Uo"grafe„"Orra,t -aplul Impraenwo; CorWrvrUon Ca"rutum CiUaen9 Innlepanlwd Trarigmudon Ind Ccmmlaalon on lthice and PJAk Tnnl Commurilcadero Community &IIWAVncy ConenUelly A leanonJe E)eaelopnaerrt romrrllanity Fwl#"m coruurewsr ac« Car«Ikee A Rel aWlllatloo eaunlyHhM Heukhcam Mmnkg WWI ARaln Election Imcrllwney hlanal "nent Employee Relauam legwwwmeat Tnad FrewpOU Tochralody SeNc« FmImnmwnul Remurcee hlan3p te-lE Fair Tmployment P►acUC« Finance McR«cw General Semen Adm1n1a4aUOn Hhtork PreewaBOe I tocrlelere Trull HmilrgApmy 1 busing FlnanceAulhodly Huelan snrk« Indepxrdeal Rerkw Panel Iree—Uortal Trade Conwinum Irnarlle AauswnwN CeWw Aledlcal Framiner MArolWllan Plannrns Chganualkn Pak and Recrealioe Planning and Zaerg Polk@ Proculernent.wmyeenent Properly Ap,ralue Public lntrary Syfum lbblk Werb Safe lic IUhirwhood rarb $Npart s lid 1W Ne Alanapnrreet rlrau•oc Ou4nrnc huna,rnxel ream..rcYe rr,M11 I.than P.e.fullaaUOn Taak Force 'nrr.rya %Iwere„ and Caiclrm Wakf and Nance RE: Collier County Plan Amendments 10 -1 Petition CP- 2009 -01 Dear Ms. Powell: Park and Recreation 275 NW 2nd street Miami, Florkla 33128 1305-755-7000 Iniamida de.8vlr Pursuant to Rule 9J- 11.008, Collier County transmitted a 2009 Petition (CP -2009- 01) to amend their Growth Management Plan to your Department for review. Part of the review Involved soliciting comments from a variety of regulatory agencies to comply with provisions of Chapter 183.3184, F.S. As the Petition Applicant, Miami -Dade County has received and reviewed copies of submittals by the various review agencies. We are concerned that certain staff comments may not fully address or Include material representations made within our Application. As part of your final Objections, Recommendations and Comments (ORC) Report, we respectfully ask that you Include the following concerns In your deliberations. 1. Southwest Florida Regional Planning Council • Page 7, Paragraph 5 suggests that the subject site Is within the Big Cypress National Preserve (BCNP). Since the property was acquired by Mlami -Dads County in 1989, prior to the establishment of BCNP, It cannot be within its prescribed boundaries. In fact, BCNP does not even list the property as an addition warranting acquisition. And while we do not contest that for State purposes it Is within an Area of Critical State Concern, the property Is to be managed for Aviation purposes and not Conservation purposes. • Page 8, Paragraph 8 accurately describes the general project and its Intent to become a regional wildemess park for Southeast and Southwest Florida's metropolitan population centers. Yet it does not fully describe how all such improvements on the property are already legally permissible under the present land use, except for motorized recreation. And while there is already permissible motorized transportation on the property to support hunting, fishing, camping and hiking pursuits, the present land use does not explicitly allow simply motorized recreational trail use. • Page 9, Paragraphs 3 -5 do not fully include all of the Intergovernmental coordination and communication that has already taken placq between Collier ,County, BCNP, Everglades National Park, ,t..t;WMD,- anc(' AGQ6. i ., het, project from, inception Barbara Powell Petition CP- 2009 -01 Page 2 was designed as a regional asset for both Counties and was purposely to draw from a large area. This is In deference to the existing condition requiring residents to drive over 350 miles one way to the nearest public authorized OHV locations besides BCNP, at Ocala National Forest and Croom Motorcycle Area. Additionally, since Miami -Dade County sits on the South Florida Ecosystem Restoration Task Force, we fully understand the CERP projects affecting our area. We have already taken into account any future, unfunded and still not authorized impacts of the L -28 Canal modification and have acknowledged that hydrological considerations will govern certain recreational uses of the property. But even in higher water periods, we continue to provide 'swamp tromps', fishing, bird watching and environmental education programs on the property. These are much the same restrictions and programming as takes place within BCNP on the adjacent property. Page 10, Paragraph 1 states that to be consistent with the SRPP that no OHV use should be permitted. In part, we agree that the Impact of OHV use should be minimized. The Application seeks to improve the existing condition of over 45 miles of oversized trails and rutting created by swamp buggies and 4 -wheel drive vehicles, by replacing them with all- terrain vehicles (ATVs) and off - highway motorcycles (OHMs). A reduced OHV footprint will result, with significantly less mileage and a thinner footprint of trails that are much less intrusive. Page 16, Paragraph 6 suggests that' this project will reduce conservation lands and significantly impact U.S. Highway 41. Both of these comments are flawed. First, the present use of the property Is Aviation. Only after this land use is changed will the County manage the property as park and recreation conservation lands. And second, Collier County transportation planning staff has confirmed, pursuant the Traffic Impact Analysis, that the proposed use of the property will not have an effect on capacity or level of use measures of U.8. Highway 41. Page 18, Paragraph 2 states that the proposed amendment may have negative impacts on the existing TNT airport. Miami -Dade County Park and Recreation and Aviation Department staff have met multiple times to discuss the Application project, and no concerns about adverse aviation impacts were communicated. Page 21, Paragraph 6 suggests that recreational facility Improvements will impact natural resource areas and possibly affect wildlife. The Application proposes to utilize already impacted areas, many of which use already paved fill pads. And the Florida Fish and Wildlife Conservation Commission (see FFWCC review comments) confirm that properly located and programmed facilities will not Impact native wildlife. Barbara Powell Petition CP- 2009 -01 Page 3 2. South Florida Water Mananem nt District • Ecosystem Restoration. Staff comments suggest that the project is potentially Inconsistent with CERP. We disagree. The property will be managed and governed by hydroperiods where certain recreational uses will not be permitted during high or low water, but other uses could remain available If they were not encumbered by water level constraints. • Natural Systems. Staff comments suggest that OW use is inconsistent with ACSC designation, wildlife issues and overall management. Since the Land Use Application does not require or benefit from site plan or management specifics, these are left for later zoning requirements. It Is the Intent of Miami -Dade County to prepare an Adaptive Management Plan, inclusive of environmental assessment, site plan and management practices before initiating development of the property. • Water Quality. Staff comments raise Important Issues regarding water quality. It is the County's intent to address on -site waste water and water supply during the zoning and permitting phase of the project. 3. Florida Department of Environmental Protection • Suitability of Site for OHV Use. We agree with staff and applaud the DEP for recognizing that the State has a prevailing interest in locating suitable sites in south Florida for OW use. But their belief that this site is inappropriate given Intact resources and hydroperiods conflicts may be misguided. The Application has proposed to reduce the number of existing trails and site remaining trails In areas that do not compromise resource values. Furthermore, the Department contends it is better to manage and supervise correctly located trails for area riders than to continue to allow them to degrade the entire site. Since the Department has already included hydroperiods management as a programming constraint, it seems premature of FDEP to suggest that an unfunded and unapproved CERP project will make the site unusable and unsuitable for recreational use. Even assuming a completed L -28 Canal CERP project, the Application site is over 2 miles to the west, and water level differences from existing conditions may be negligible at most. • Page 3, Paragraph 4 states that the Applicant requested an exception to ACSCO standards. This Is simply untrue. Collier County staff pre - determined that improvements proposed In the project would Impact less than the 10% of the site, and not affect saltwater environments. • Page 4, Paragraph 1 raises a concern about waste water services. While the Application may have suggested that a septic system may be utilized, it may be premature to identify any one system as ¢ Barbara Powell Petition CP- 2009 -01 Page 4 • meeting State and Local requires for that site. We remain open to selecting the best system for that site. • Page 4, Paragraph 3 lists other FDEP comments on Items that commonly are provided for in the Adaptive Management Plan. Notwithstanding this concern, many of these comments can be addressed either through requests for additional information or through conditions on the approval of the Petition. • Page 4, Paragraph 5 speaks about HB 697 and its distance from urban and suburban areas. This OHV site Is located similar to other OHV areas throughout the state. They are often distant from population centers because It remains difficult to find a sufficiently large tract of land that Is not constrained by limiting agents. • Page 6, Paragraph 2 deals with alternative sites. Both Counties went through an exhausting search for alternatives site suitable for wilderness recreation and OHVs. Both ultimately passed Resolutions In support of the subject site, since other sites were not for sale, too expensive to purchase or tainted by hazardous conditions. Furthermore, both Counties recognize that the complex demands of OHV use require more than one location. The Petition for the subject site is one of many solutions necessary to offset public demand. Miami -Dade County appreciates the time and effort put In by your staff on this Petition. I hope the comments above can be induded In your ORC Report, or at least our letter can be included in your response to Collier County OMP staff, so that we may be guided in any modifications toward getting this Petition approved. Should you have questions or require further information, please call Andy McCall at 305 - 755 -7993 or myself at 305 - 755 -7901. TM;16- Kevin Asher, AICP Special Projects Supervisor Mike McDaniel /DCA/FLEOC 02/15/2010 04:07 PM Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Ph: 850 - 922 -1806 Fax: 850 -488 -3309 mike. mcdaniel @dca.state.fl.us To Brenda Winningham /DCA/FLEOC@fleoc, Scott Rogers /DCA/FLEOC@fleoc cc bcc Subject Fw: FWF on Collier CPA 20084 Changing North Belle Meade Sending land to Neutral land We are committed to maintaining the highest level of service and we value your feedback. Please complete our Customer Service Survey by visiting http: //www.dca. state .fl.us /CustomerServiceSurvey /. However, if you require direct assistance or a response, please visit http:/ Avww.dca.state.fl.us /Contactus/. Affordable, quality health insurance coverage is now available for any uninsured Floridians ages 19 -64. To learn more, visit www.CoverFloddaHealthCare.com. Florida has a broad public records law and all correspondence, including email addresses, may be subject to disclosure. - -- Forwarded by Mike McDanlel/DCA/FLEOC on 02115/2010 04:04 PM ---- Tom Pelham /DCA/FLEOC 02/15/2010 04:06 PM Fyi Sent from my Verizon Wireless BlackBerry To "Charles Gauthier" < Charles .Gauthier @dca.state.fl.us >, "Mr. Mike McDaniel" <MIke.McDanlel @dca.state.fl.us> cc Subject Fw: FWF on Collier CPA 2008 -4 Changing North Belle Meade Sending land to Neutral land From: "Nancy Payton" (nancypayton @fwfonline.org) Sent: 02/15/2010 03:30 PM EST To: Tom Pelham Cc: Charles Gauthier; Shaw Stiller; Mike McDaniel; Brenda Winningham; Lynette Nom, "MaryAnn Poole" <MaryAnn .Poole @MyFWC.com >; "Jim Quinn" <jim.quinn@dep.state.fl.us>; "John Outland" < John. Outland @dep.state.fl.us>; "Manley Fuller" <wildfed @gmail.com >; <TWReeseEsq @aol.com >; <j ackson @sfwmd.gov >; "'lgiehart, Jon "' 4on.lglehart @dep.state.fl.us>; "'Darrell Land "' < Darrell. Land @fwc.state.fl.us>; "'Onorato, Dave "' <Dave.Onorato @MyFWC.com> Subject: FWF on Collier CPA 20084 Changing North Belle Meade Sending land to Neutral land Dear Secretary Pelham, Attached is Florida Wildlife Federation's letter objecting to Collier County CPA 2008 -4, an amendment to re- designate 28.7 acres of North Belle Meade Sending land to an isolated patch of Neutral land. Collier County transmitted this amendment with the understanding that landowner Fillmore, LLC (Yahl Mulching) will gift a 130' road reservation through its wetland mitigation preserve during rezoning for the proposed Neutral land uses. Sincerely, Nancy Payton Southwest Florida Field Representative Florida Wildlife Federation li�l 11EI Attachment 1 FWC letter WhomBenfield 042909. pd Attachment 2 FWC Map 0409.pdf 1� FgA Attachment 3 SFWMD letter Wilson- Benfield 032309.pdf YaN Wchirg CoFer CPA 2008.4 FWF Comments to DCA .pdf j,IIJ r F li-avda F 1511 .i�ltt IV tlr�lltq v., N:rin1 tl.l!i.n rz:.:,,:hN arryann 1-1 A. Cpr Mil Ow'!pq Sbohxnxun ands S. roero���w Ken,#!" n HonOdd .vn'4 :Vduy . , ., ,, w.. t• .d anal Win• ,. r, �:. 01 .,a ".1 rtmothy A, greauri i},e. -tor 1fiNIA Mi -18:n �WA O:!1 1 i 73 1 AX . r•1 tl �'1'' Claudine Auclair Principal Planner Transportation Planning Department 2885 South Horseshoe Drive Naples. F1.34104 Re: Wilson Boulevard /Benfield Road Corridor, F.TDbt 9392 Colder Cmunty Dear !l9ra. Auclair: The liahitat Conservation Scientific Services Section of the Florida Fish and Wildlife! Conservation Commission (FWC) has coordinated an agency review Of the ahovr, referenced project and providers the following comments related to potential effects to fish rind wildlife resources on this project. This infor• motion is heing provided in response to your request following the April 1, 2009 meeting with FWC and the U.S. Fish find Wildlife Service personnel at the Collier County Trantg)ortntion Department in Naples, Florida. Project Description: FWC originally provided comments on this project (ETDM 9392) to Florida Department of Transportation (FDOI) District I during the planning phase via the Efficient Transportation Decision Making (ET INNI) process in .January 2008 (enclosure). Information provided by Collier County at that time related that a study was being performed for a new north -south roadway located east of Collier Boulevard (CR -951). Since nn road alignments were yet identified, our project assessment anti lssmwi- ated comments concentrated on a large study area of about 20 miles in length, which was bordered by CR -951 on the west, Golden Gate Boulevard on the north, EverKlades Boulevard on the east, and US -41. (Tamiami Trail) on the Mouth. Presently, the following three alternatives have been identi- fied find a veries of public meetings on the project have been held. Input has been requested, and Collier County has chosen not tA) re-submit the project for review through the F.TDM Process. 11h *rr�fltiye jfil -_Nu ¢mildtern�tiv ©�: This alternative would not include any improvements within the study siren other than those addressed in the Lens; Mingo Transportation Plan (I.RTP), and, if selected, would rertnire additional improvements of CH -951. NIA. ('lauding :\ucinir P.-lue ,April 29, �,)th)9 �1lrgrt�{ utjyu( ,'��i�(4�BotulevardAlternatyg�: This alternative would result in a continuous improved roadway beginning on Fverglades Boulevard itbout 4.0 miles north of 1 -75, continuing south across the Picayune Strand Stittce Forest., then follows ;Miller Boulevard and the Six Us Farm Road to connect to tho Tamiami Trail (US -41) in the south over a distance ewt.imated tit about 1 7. 5 miles. This proposal also involves the improvement and connection of Wilson Boulevard and Green Boulevard with Everglades Boulevard. At mikjves 3ej_�gti_:.1.13 ( Wilr ;prt- CiQ.q.[e1 11ternative): r \lternativo 3A runs north from Tamiami Trail (US -41), beginning at a point estimated to be about 21.0 miles southensf of the intersection of CR -951, then connects to several roadways, including Sabal Palm Road, Rattlesnake Hammock Road Extension, and Card's Way, before passing went of Bonfield .Road. The road then continues north, paining over 1.75 before turning west and Germinating into SR -961. Alternative 3B is identical to 3A, except for an approximately 3,0 -toile section that runs east of &infield Road in the area north and south of 1-75. Potential impacts: The comments we submitted to FDOT for ETDM 9392 remain applicable, They provided an overview of the high fish and wildlife and habitat resource values, including the i►ignificant number of wildlife species listed by FWC as Endangered (E), Threatened (T), or Species of Special Concern (SSC), which arc known to occur within the regional area , urrounding the project area. These species include the Florida panther (F), mangrove fox squirrel (SSG), wood stork (E), Florida black bear (T), Eastern indigo,+nakte (T), red - cockaded woodpecker (SSC), gopher tortoise (T), and the Florida sandhill crane (T). Figure 1, which depicts Florida panther tele- metry locations collected by FWC biologists from 2(K)6 through March 2(0), and roadway mortality data for panthers and black bears, provides a clear example of the high and unique wildlife resource value within the project .4ttidy area. The collective input of our biologisU also included is discussion of the predicted tmbstantiat direct, indirect, and cumulative adverse effects of the project in the western .Big Cypress Swamp, especially in the area of (redden (rata Estates adjacent to the Florida Panther National Wildlife Refuge (FPN14'lt), and the Picayune Strand State Forest. Our comments ident.i.tied potential effects to the endangered Florida panther and threat- ened Florida black bear, which include the increased loss, fragmentation, and iµolation of habitat, along with increased roadkills associated with resi- dential and commercial development facilitated by improved human access provided by this new roadway project. The collective adverse impncts that could result from this project would be inconsistent with the long -term agency gouls, management. and protection strategies for these species in Nk. c'Inudmo Aticlttir Pap.:i April 29, :009 this region of southwest Florida. We recommended that improvements to other portions of the regional roadway network, such as expansions of other roadways or interchange locations in lieu of project alternatives located in the interior of the study area, be considered for resolving the identified transportation problem. The following additional input on this project is provided following o now assessment by MC biologists that were accomplished using the grographic information provided by your office for the three identified alternatives. An inventory of fish, wildlife, and habitat resources was accomplished within it 500 -Best and l.0 -mile buffer along each wide of the right-of-way (ROVV) of Alternatives 2, 3A, and 3B. Table 1 provides the acreage and percent exrvcr- age of native wetland and upland plant community types, along with man - impacted Lend forms including mining, agriculture, and High and Low Impact Urban land uses for the three alternatives. For the most part, the alternatives are strikingly similar in terms of the types of native upland and wetland communities, and disturbed plant community find land -use types, and are fairly asmparnble in terms of total acreage and percent coverage. Native wetlands that are hound along all alternatives include cypress swamp, cyprosm /pine /cabbage palm hydric hammock, freshwater marsh and i wet prairie, hardwood Swamp, mixed wetland forest, open water, and shrub swamp, while uplands include dry prairie, upland hardwood hamma,.k, mixed piste- hardwood forest, pinelands, and shrub and brushlnnd. It is noteworthy that a significant acreage and diverse assemblage of uplands and wetlands are present al ong all alternatives, including both forested and herbaceous wetlands;. Our asre9sment shows that within 500 feet along each side of the ROW. Alternative 2 supports 1,646.7 acres (37.1 percent) of wetlands, 854.0 acres (24.9 percent) of uplands, and 751.7 acres (31.9 per- cent) of disturbed lands. Alternative 3A is comprised of 1,510.2 acres (14.7 percent) wetlands, 1,083.5 acres (32.1 percent) of uplands, acid 7:36.4 acres ('2I ') perc(nt) disturbed lands, while Alternative 313 is representy by I.516.2 secres of wetlands, 1,112.0 acres of uplands, and disturbed lands totaling 721.7 acres (21.1 percent). Our assessment also included an inventory and comparison of potential habitat quality or isnvimnrnontnl 4ensitivity indicators that are specifically found within the buffer amas along the rights -of -way of the Build alternatives, and therefore serve to contribute teo the comparison and nankin;; of the expected effects of Alternatives 2, 3A and 3B. The results of our assessment (Table 2) shuwed that all three Build Alternatives over - whelrningly shared the vast majority of all the environmental sensitivity indicators within both the 5000 -foot and 1.0 -mile buffers. All Build tts. ('laudint, Am -lair 11: i ge 4 Aphl 29, 21N19 :1lternatives are within the U.S. Fish and Wildlife Service's Consultation Area for the American crocodile, Florida panther, Florida scrub jay, red - flOckaded woodpecker, rind annul kite; contain significant acreage that is (1,mm,ified by FWC as Modiversit.y Hot.spotA and Priority Wetlands for Weiland Dependent Species capable of supporting seven or more and seven to nine fix• ;R species, respectively; rand all intersect important regional landscape hnbita t systems that arc ranked as critical by the Groenways Evologicol Priority linkages database. F urthermure, all three Build Alternatives would have significant impacts to existing and proposed public conservation lands, especially considering the regional or landscape -level needs of the Morida panther and the Florida black bear. Alternative 2 crosson Picayune State Forest, is within 1.0 mile of Collier Seminole State .Park, and is adjacent to the Belle Meade and Save Our Fvcrglades Florida Forever Projects; Alternatives 3A and 3B are adja- cent to the Picayune State Fotrst, are within 1.0 mile of the Rookery Ray National E'atuarine Research Reserve, and are adjacent to the Belle , Meade Florida Forever Project. All Build Alternatives are within 1,0 mile of exist- ing roadway sections that have had a moderate to significant history of hear roadkills represented by Alternative 2 (11 roadkills on 1 -75, and Evergbcdes Boulevard): and both Alternatives 3A and 311 (nine bear roadkills on CH -951 and 1 -75). The Build Alternatives also intersect FWC Strategic Habitat Cmiservaliim Areas; (SHCM) that have been established for the Florida panther, Florida black bear, American swallowtail kite, red - cockaded wood- pecker, and wading birds. These large, landscape -level parcels have been identified by F1VC; biologists by modeling that includes the long -term habilat needs of various species and ,serves to identify lands that are not currently in public ownership, but for which acquisition and protection nre critical for the long-term protection and support of those species, - Alternative a 3A and 3B impact SHCAs for all of the above species except the Florida black bear, while Alternative 2 impacts SIiCAs for all species except the red - cockaded ww0pecker and the :mail kite. Finally, we assessed the relative habitat quality for all Build Alternatives using FWC's Integrated Wildlife Habitat Ranking System (IWHHS) map. The results identified the following total acres that occur within .,00 feet on each aide of the alterna- tivos thal were mapped rt.g gtaod to tsxcellent on the MFRS map with a score of six to 10 (1 = Low, 10 = High): Alternative 2 (2,644.1 acres), j Mteroative 3A (2,915.2 acres), end Alternative 3B (2,1)58A acres). Clearly. all the Build Alternatives would result, in substantial direct and indirect. effects to high quality native upland find wetland habitat types, public lands, and a high to substantial number of listed species, including the Florida panther and Florida black bear. Direct effects would result in %Is. t'laudune Anclair Page i) April 29, 2009 habitat loss from clearing of the road HOW and the construction of drainage retention areas (DR.As). More importantly, indirect and cumulative et %cts would result in long -term habitat loss and degradation from incream-d com- mercial and residential development provided by improved access to the aroma. In addition, other habitat could be lost from construction of new local roads or improvement to existing roadways for future connections to the currently proposed project. Increased development within the study area would also require, nilditionaal flood control measures on a regional scale, and would he detrimental to water quality, productivity. and functionality of the natural 4y stems in this regional area, possibly including nearby coastal areas of the 10,000 Islands complex, including Rookery flay National Estuarine Reserve, Collier Seminole Staats Park, and the 10,000 Island National Wildlife Refuge. Regional habitat connectivity would also be reduced, and major habitat systems would be fragmented and isolated to the detriment of the Floridn panther and Florida black bear; and the current and important interaction of panther and bear use of private land and the surrounding public land complex would lie compromised. Suinmary; In our view, necessary mitigation w adequately address these effects may not be entirely feasible, and efforts in that regard would be extremely costly. In our view, the selection of any of the Build alternatives would require an environmental- impact - statement level of study due to the high value, and complexity of the resource issues involved, including the 141AN and degradation of large areas of high quality wetland and upland habitat, public conservation lands, and ndverso effects to high numbers of statte- listed wildlife mpvcies, including the Florida panther. Several specific examples are provided (or a direct comparison of potential projected effects of the Build Alto rruatives. Alternative 2, which crosses the middle of Picayune Strand State Forest, would detrimentally reduce habitat runectivity, increase potential for roadkills of many species, complicate and hinder necessary land management activities involving the use of prescribed fire due to issues of public safety from smoke drift to tho roadway, and potentially interfere with ongoing and planned restoration activities for the state forest. Importantly, this alternative did not receive support from the state and federal rewnirce agencies at the April 1, 2000 meeting in Naples. Altornat.ives 3A and 3B would likely increase roadkills; degrade and isolate habitat to t he west between the new aalignment and C'R -951; increase residential development. in North Golden Gates Fstates; and. over time, ntYectcvely sever the current connection and pathway for panthora moving westward from the Florida Panther National Wildlife Refugo into the North l.i Tv Nlvadn area. While :Uternatives 3A and 3R represent some measure- ;able improvement in terms of reducing indirect effects compared to Nk. Claudine Auclair Paige li April 29. 2009 Alternative 2, the No -build Alternative, which would result in upgrading or improvement of the existing CR -951, offers the best solution in terms of avoidance and minimization of direct and indirect effects on wildlife and habitat resources discussed ;shove, and addresses the transportation need. Wo appreciate the npportunity to provide input on highway design and tho camw�rvaation or fish and wildlife resources. FWC staltremains available to a:�ist Collier County with designing a road project that results in minimal impacts to wildlife resources in this important regional area. Please c:on• taci Terry Gilbert at (8,50),102-6311 or email terr . to r orp.com to unit mate the process for further overall coordination on this project. On ksuvs directly related to the Florida panther, please contact FWC Biologist Darrell Land at (230) 643 -4220 or e-mail tit: darTeilJelnd@Niy_t - cum. Sinevrrly, r d. Scott plunders Section Lvader llabitat Conservation Sciontifie Services Section jrs /pam ullvlosurc M: (.'wen Pipkin, FDQT District l ETDM Coordinator, Bartow John Wrublik„ U,3, Fish and Wildlife, Service, Vero Beach Dennis Hardin, Furest &- ologist, Florida Division of Forestry, Taallnhossee. Chuck Collins, Regional Director, FWC South Region Golden Gate Estates o } :igurel. FWC Florida panther elemetry • .• • 11 . . • r'� - r m C r Re A 1009 • • • • I • W or panthers d black bears. a FPNWR Uj i. • ���:. i 175 ` >� +� _. j. ` i _ W 175 S. Belle <a;--- Meade 'wry LO ti Legend A ::. - PSSF .: A Panther MortaSt, ,� { s Bear Mortalities I FSPSP Panther Number A, s- 146M I. . a Rookery Bay A i `�rqh/ 147M `NEER ,\ 148E if /T 149F 156M 158F A •.' Rq&Wq Bay Florida Public Lands =� �/ N R' % . f• '�; •.- PSSF- Picayune Strand State Forest CSSP- Collier Seminole State Park Ten Thous2lhd Islands FPNWR- Florida Panther National Wildlife Refuge ` NWR i ,s ' FSPSP- Fakahatchee Strand Preserve State Park V CRLS- Collier Rural Land Stewardship Areas `w AN = '+►^ 4DSOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, Went Palm Beach, Florida 33406 - (561) 68600 - FL WA751- 804432 -2045 - 11DD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 • www.sfwmd.gov March 23, 2009 Ms. Claudine Auclair Principal Planner Transportation Planning Department 2885 S. Horseshoe Drive Naples, FL 34104 Dear Ms. Auclair: Subject: Wilson Boulevard Extension /Benfield Road Corridor Study Thank you for this opportunity to provide comments on the Wilson Boulevard Extension /Benfield Road Corridor Study. Staff at the South Florida Water Management District (District) reviewed the Wilson Boulevard Extension/Bonfield Road Corridor Study and have determined the following: Alternative 2 (Miller Boulgyard Altemajrvell: This alternative will have direct conflicts with the Picayune Strand Restoration Project, a congressionally authorized ecosystem restoration project of the Comprehensive Everglades Restoration Plan. Aspects of this project are currently underway to restore the Southern Golden Gate Estates area. Under the restoration project, Miller Boulevard south of 82nd will be removed to natural grade and will function as a secondary road that Is accessible only when hydrologic conditions allow. The purpose of degrading the existing road bed is to restore wetlands and overland flow of surface water in the southern end of the Golden Gate Estates area in an effort to restore the area to pre - development conditions. In addition, the Picayune Strand Project Is critical to ecosystem connectivity in southern Collier County and provides the linkage between other significant public land holdings Including the Florida Panther National Wildlife Refuge, Ten Thousand Islands National Wildlife Refuge, Fakahatchee Strand State Preserve and Collier - Seminole State Paris. Bisecting the Picayune Strand State Forest would significantly impact that connectivity. Alternatives 3A and 36 (Wilson - Bonfield). Portions of these alternatives are located within the Collier County Rural Fringe Mixed Use (RFMU) District Boundary, north of I- 75 (Alligator Alley). District staff has determined that the proposed alignments would be detrimental to future resource management plans for improvement of water quality and quantity within the Northern Belle Meade area. Additionally, portions of Alternatives 3A and 38 would significantly inhibit Improvements to Naples Bay that are currently in progress as part of the Naples Bay Surface Water Improvement and Management (SWIM) Plan in which Collier County is a participant/stakeholder. Ms. Claudine Auclair March 23, 2008 Page 2 Compliance with the existing Col%r County Growth Management Plan (CC -GMP) is not noted in the evaluation and selection of the corridor alternatives that are proposed for further analysis. This is a concern because significant portions of Alternatives 2, 3A and 313, as proposed, are located within RFMU for Habitat Preservation and Transfer of Development Rights (TDR) areas identified within the CC -GMP. The presence of the roadway corridors in these areas appears to be in conflict with the rules and policies contained in the CC -GMP and related laws and ordinances. If you need additional information please feel free to contact Larry Gerry at (561) 681- 2563 X -3701 or (561) 718 -0438 (cell), or call Janet Starnes at (561) 281 -3330. Again, thank you for this opportunity to comment on this corridor study. Sincerely, Kenneth G. Ammon, P.E. Deputy Executive Director Everglades Restoration Resource Area South Florida Water Management District KGArs Cc: Stu Applebaum, Corps of Engineers Larry Gerry, SFWMD James R. Karels, Division of Forestry Greg Knecht, FDEP Chip Merriam, SFWMD Tom 011iff, SFWMD Janet Starnes, SFWMD Tommy Strowd, SFWMD Clarence Tears, SFWMD Carol Wehle, SFWMD February 15, 2010 FLORIDA WILDLIFE FEDERATION Affiliated With National Wildlife Federation Southwest Florida Office 2590 Golden Gate Parkway, Suite 105 Naples, Florida 34105 Via email Thomas G. Pelham, Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 RE: CPA 2008 -4 Collier County Amendments North Belle Meade Overlay Sending Lands Re- designating to Neutral Lands Fillmore, LLC (Yahl Mulching) Dear Secretary Pelham: Office Phone: (239) 643 -4111 Cell: (239) 784 -5119 Email: nancypaytonafwfonline.ora Florida Wildlife Federation urges the Florida Department of Community Affairs (DCA) to object to the above referenced amendment to Collier County's North Belle Meade Overlay because the re- designation is not defensible; and it is counter to the North Belle Overlay's objective to protect natural resources and wildlife habitat values on a landscape level. CPA 2008 -4 seeks to re- designate 28.7 acres in North Belle Meade from Sending to Neutral land. The site is immediately north of 1 -75, Alligator Alley. It is surrounded by Sending land. To the south is the Picayune Stand State Forest which is Natural Resource Protection Area (NRPA) Sending land. During the habitat planning effort mandated by the June 1999 Final Order, this site displayed environmental values that elevated it to the Sending Lands designation. The Sending land designation was upheld in the 2003 administrative challenge and subsequent appeal. Neutral Designation Not an Environmental Designation Initially the 1999 Final Order planning process identified only two land designations, Sending and Receiving. However, certain land that scored high environmental values and justified the Sending designation previously had been purchased for school sites and public parks. Therefore, a third category — Neutral land - was established to accommodate locations that had environmental values too high for Receiving land designation, but had previously committed land uses not compatible with a Sending land designation. Neutral land designation was not based on natural resource values and should not now be used to circumvent the North Belle Meade Overlay's large -scale goal to protect and enhance natural resource values. The Sending land designation was determined by habitat values, not number and frequency of species sighted on each parcel. Fillmore, LLC (Yahl Mulching) is defending its re- designation based a consultant's statements on what wildlife he observed or did not observe at specific times on the 28.7 acres. The North Belle Meade Overlay is a comprehensive wildlife habitat protection program as directed by the 1999 Final Order. With adoption of CPA 2008 -4 Collier County is undermining the purpose of the mandated planning effort by establishing a precedent that allows scattered Sending land parcels to re -claim pre -1999 uses through privately sponsored growth management plan amendments. Collier County Gets 130' Road Reservation in Wetland Preserve Of the 28.7 acres affected by this proposal, 11.73 acres are in a wetland preserve per state and federal permitting requirements to mitigate for the loss of 6.37 wetland acres. The state and federal permits are available upon request. During the transmittal process, the petitioner Fillmore, LLC (Yahl Mulching) agreed to gift Collier County a 130' road reservation to accommodate the proposed east -west Wilson - Benfield highway. The land reservation will be through the wetland mitigation preserve which is across the entire southern border of this parcel and parallel to I -75. For details on the Wilson - Benfield Road Corridor Study, see htip: / /www.coIIier�lov.net /Index.aspx ?park =2452 . Collier County is pursuing the Wilson - Benfield highway using no state or federal dollars. As a local project it will likely be piecemealed and funded through extractions from developers and landowners. Despite this approach, it is entangled in the Everglades I -75 Interchange ETDM Dispute Resolution process. For more information, see http:- c<<1nxll,com/ . The 130' road reservation through the wetland preserve will be finalized when Fillmore, LLC (Yahl Mulching) seeks the zoning changes allowed under the Neutral land designation. It is unknown if Collier County will also seek funding from Fillmore, LLC (Yahl Mulching) to help build this segment of the Wilson - Benfield highway. The Wilson - Benfield highway received strong "No Build" recommendations from Florida Fish and Wildlife Conservation Commission, Florida Department of Environmental Protection, Florida Division of Forestry, South Florida Water Management District, and U.S. Fish and Wildlife Services due to significant direct and cumulative impacts to wildlife habitat and wetlands. The letters are not posted on Collier County's Wilson - Benfield Road Corridor Study web page. The Federation has the agency letters and will provide upon request. Attached is the Florida Fish and Wildlife Conservation Commission's letter opposing the Wilson - Benfield highway along with its map. Please note panther and black bear road deaths on 1 -75 in the immediate vicinity of Fillmore, LLC (Yahl Mulching) parcel. Also attached is the South Florida Water Management District's letter stating that the Wilson - Benfield highway will be "detrimental to future resource management plans for improvement of water quality and quantity with the Northern Belle Meade area ... would significantly inhibit improvements to Naples Bay that are cuffently in progress as part of the Naples Bay Surface Water Improvement and Management (SWIM) Plan in which Collier County is a participant/stakeholder." DCA Must Object DCA must object to CPA 2008 -4 because it is not supported by data and analysis consistent with the North Belle Meade Overlay planning goals and it facilitates a major new highway through environmentally sensitive land at a time when Collier County should be pursuing avenues to reduce greenhouse gas emissions and lower vehicular miles traveled as directed in HB 697. Sincerely yours, W 1pp* , Nancy Anne Payton Southwest Florida Field Representative Attachments: 3 cc: Charlie Gauthier, Department of Community Affairs Shaw Stiller, Department of Community Affairs Lynette Non, Department of Community Affairs Mike McDaniel, Department of Community Affairs Brenda Winningham, Department of Community Affairs Mary Ann Poole, Florida Fish and Wildlife Conservation Commission Jim Quinn, Florida Department of Community Affairs Jim Jackson, South Florida Water Management District Manley Fuller, Florida Wildlife Federation Thomas W. Reese, Esq. Southwest Florida Regional Planning Council 1926 Vctoria Avenue, Fort Myers, Florida 33901 -3414 (239)338 -2550 FAX (239)338 -2560 SUNCOM (239)748 -2550 March 3, 2010 Mr. D. Ray Eubanks Community Program Administrator Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Collier County/ DCA 10-1 Dear Mr. Eubanks: 7 �W Staff of the Southwest Florida Regional Planning Council reviewed the proposed amendments (DCA 10 -1) to the Collier County Comprehensive Plan. These reviews were performed according to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, The Council will review the proposed amendment at its March 18, 2010 meeting. Of the seven requested amendments, Council staff has recommended that Council find all but one to be not regionally significant; two of the amendments to be procedural; and three of the amendments not to be consistent with the Strategic Regional Policy Plan. A copy of the official staff report explaining the Council staff's recommendation is attached. If Council action differs from the staff recommendation, we will notify you. Sincerely, Southwest Florida Regional Planning Council Ke eth fleatherington Executive Director DYB /DEC Attachment Cc: Vick Casatanguida, Interim Administrator, Community Development A Environmental Services Uivision, Collier County LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed proposed amendments to the Collier County Comprehensive Plan (DCA 08-1 These amendments were developed under the Local Government Comprehensive Planning and Land Development Regulation Act. A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment L Comments are provided in Attachment H. Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location -in or new a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude -equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI- related amendment is considered regionally significant); and 3. Character --of a unique type or use, a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction; updates, editorial revisions, etc. are not regionally significant. A summary of the results of the review follows: Proposed' Factors of Regional Significance Amendment Locadon Mme' de Character Consistent CP- 2007 -1 no no no (1) not regionally significant; and (2) not consistent with SRPP CP- 2007 -3 no no no (1) procedural; (2) notregionally significant; and (3) not consistent with conditions with SRPP CP- 2008 -1 no no no (1) not regionally significant; and (2) consistent with SRPP CP- 2008 -2 no no no (1) not regionally significant; and (2) not consistent with SRPP CP- 2008 -4 no no no (1) procedural; (2) not regionally significant; and (3) consistent with SRPP CP- 2008 -7 no no no (1) procedural; (2) not regionally significant; and (3) consistent with SRPP CP- 20091 yes no yes (1) regionally significant; and (2) not consistent with SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Community Affairs and Collier County. 03110 2 Attachment t LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT Local Government Comprehensive Plans The Act requires each municipal and county government to prepare a comprehensive plan that must include at least the following nine elements: 1. Future Land Use Element; 2. Traffic Circulation Element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to replace the traffic circulation; mass transit; and port, aviation, and related facilities elements 191-5.019(l), FAC} 3. General Sanitary Sewer, Solid. Waste, Drainage, and Potable Water and Natural Gmundwater Aquitbt Recharge Element; 4. Conservation Element; S. Recreation and Open Space Element; 6. Housing Element; 7. Coastal Management Element for coastal jurisdictions; 8. Intergovernmental Coordination Element and 9. Capital improvements Element. The local government may add optional elements (e. g., community design, redevelopment, safety, historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted revised plans: Charlotte County, Punta Gorda Collier County, Everglades City, Marco Island, Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County, Bonita Springer Cape Coral, Fort Myers, Fort Myers Beach, Sanibel Sarasota County, Longboat Key, North Port, Sarasota, Venice Page 1 Attachment i Comprehensive Plan Amendments A local government may amend its plan twice a year. (Amendments related to developments of regional impact, certain small developments, compliance Agreements, and the Job Siting Act are not restricted by this limitation.) Six copies of the amendment are sent to the Department of Community Affairs for review. A copy is also sent to the regional planning council, the water management district, the Florida Department of Transportation, and the Florida Department of Environmental Protection. [s. 163.3184(3xa)] The proposed amendment will be reviewed by DCA in two situations. In the Srst, there must -be a written request to DCA. The request for review must be received within forty- five days after transmittal of the proposed amendment. [s. 163.3184(6)(a)] Review can be requested by one of the following: • the IMW govarnnrent do vmsmib the amendme,a, • the regional phmaing co=il, ar. as aftctad person` In the second situation, DCA can decide to review the proposed amendment without a request. In that case, DCA must give notice within thirty days of transmittal. [(s. 163.3184(6)(b)] Within five working days after deciding to conduct a review, DCA must forward copies to various reviewing agencies, including the regional planning council. [s. 163.3184(4)] Regional Planning Council Review The regional planning council must submit its comments in writing within thirty days of receipt of the proposed amendment from DCA. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the regional planning council must be limited to "effects on regional resources or facilities identified in the strategic regional policy plan and extra - jurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government." [s. 163.3184(5)] After receipt of comments from the regional planning council and other reviewing agencies, DCA has thirty days to conduct its own review and determine compliance with state law. Within that thirty -day period, DCA transmits its written comments to the local govemmertt. NOTE: THE ABOVE IS A SIMPLIFIED VERSION OF THE LAW. REFER TO THE STATUTE (CIL 163, FS) AND THE RULE (9J -11, PAC) FOR DBTAILB. Page 2 Attachment 1I SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL COMPREHENSIVE PLAN AMENDMENT REVIEW 1. Local Government Name: Collier County 2. Amendment Number DCA 10-1 3. Did the RPC prepare the Plan Amendment: (YES) (NO) No 4. Date DCA Notified RPC that Amendment Package was Complete, if Applicable: February 3, 2010 S. Date Amendment Review must be Completed and Transmitted to DCA: March 3, 2010 6. Date the Review was Transmitted to DCA: March 3, 2010 7. Description of the Amendment: 1. Petition CP- 2007.1 'This petition is requesting an amendment to the Golden Gage Area Master Plan and Golden Gate area Master Plan Future Land Use MgR and Man Series, to create a Wilson Boulevard Conditional Uses Subdistrict that will allow a maximum of 40,000 square fed of permitted and conditional uses provided in the Estates zoning district for the property located on the southeast cornet of immokalce Road (CR 846) and Wilson Boulevard. The site consists of +/- 5.17 acres. 2. Petition CF- 2007 -3 This petition is requesting an amendment to the Golden Gate Area Master Plan and Golden Cato Area Mesta Plan Future Land Use Man and Man Seri es. to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care, and community outreach programs. The proposed development will contain a maximum of 90,000 square feet for the property located on the south side of Oil Well Road (CR 858], approximately A mile west of Everglades Boulevard. The subject site contains +/- 21.72 acres. 3. Petition CP- 2008.1 This petition is requesting an amendment to the Golden Gate Area Master Plan and Golden Cate Area Masts Plan Future Land Use Man and Map Seri es. to create an Estates Shopping Center a maximum of 210,000 square feet of commercial uses identified in the C -5 zoning district, with a roquiremeW to construct a grocery store, for a site located on the north side of Golden Gate Boulevard extending from Wilson Boulevard west to P Street Northwest: The subject site contains +/- 40.62 acres. 4. Petition U-2008-11, This petition is requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Arta Master Plan Future Land Use He and Man Series, to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional 370,940 square feet of commercial uses identified in the C4 zoning district, with exceptions. The property is located on the south side of Randall Boulevard, extending fi+om 8* Street Northeast and extends to the west to the canal on the west side of the Big Corkscrew Island Fire Station. S. Petition CP- 20084 This petition is requesting an amendment to the Eum Land Use Element and &lam Land Use Nag and Maas to redesignate from the Rural Fringe Mixed Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill. The subject site contains +/- 28.76 acres. 6. Petition CP- 2008.7 This petition is a staff requested amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time fumes in the County's Growth Management Plan. 7. Petition CP- 2009 -1 nis petition is requesting an amendment to the Future Land Use Element and Future Land Use Man and Map Serie& to create the Dade-Collier Cypress Recreation District within the Conservation Designation for a site located along the Miami- Dade/Collicr County border. The subject site consists of +/ -1,608 acres. 2 S. is the Amendment consistent with the Strategic Regional Policy Plan: 1. Petition CP- 2007 -1 This amendment was originally submitted for 40,000 square fed of commercial use s allowing the land uses in the County's C -1 through C -3 zoning districts. The request was reviewed by the County staff and found not to be needed in the area since there were significant existing lands in the planning area that would allow commercial development. The petitioner submitted new subdistrict text language to replace the original request with the same amount of square footage of commercial uses, but allowing conditional uses of the E- Estates zoning district. The petitioner submitted no new needs analysis or other data to support the modified petition. The County staff found that the requested change was not supported and recommended not to approve the request. Council staff reviewed the proposed amendment and the data and analyses provided in the petition and finds that the proposed commercial development does not have the magnitude, location or character to be regionally significant. Council staff supports the County staff position, that there is enough commercial development In the planning area and therefore the change is not needed at this time. The request is therefore found by Council staff as not consistent with the SRPP. 2. Petition CP- 2007 -3 At the Collier County Planning Commission (CCPC) meeting, the petitioner submitted changes to the original amendment that removed references to commercial uses from the requested new Mission Subdistrict that was intended to allow a church and related uses, including schools, adult care and child care, and community outreach programs. The CCPC approved the request subject to County staff preparing the appropriate text — as a new subdistrict or as a new exception to be listed under the existing Conditional Uses Subdistrict. After discussions with the County Zoning and Land Development Review personnel, the County staff could not determine a clear range of proposed uses that would be allowed under the "church" use; therefore County staff requested that the petitioner submit a request for an Official Interpretation so that a determination could be made as to the appropriate land development process that should be used. Subsequent to the CCPC hearing, the petitioner submitted a revised cover letter that included new Subdistrict text, which was the same as recommended by the CCPC. The petitioner had not been through the Official Interpretation process to make a determination as to the appropriate land use process to use and therefore County staff did not recommend transmittal at this time. Council staff reviewed the proposed amendment and the data and analyses provided in the petition and finds that the proposed church development does not have the magnitude, location or character to be regionally significant. Council staff supports the County staff position, that a final determination as to the appropriate land development process should be finalized prior to the approval of any Comprehensive Plan amendment. If the proposed amendment goes through the Official Interpretation process and it is found by the County to require an amendment, Council staff has no objection to the requested amendment, however, based on the submitted information it appears that the petitioner has not completed the land use review process. Therefore. Council staff finds the petition procedural and not consistent with conditions with the SRPP. 3. Petition CP- 2003.1 Based on the County staff report, this proposed development has gone thru some changing parameters as it was reviewed by the CCPC and the petitioner worked with the County. During the public input portion of the meeting, several people stated local concerns about the development, mostly dealing with increased traffic, consistency with the rural character of the arcs, whether there was enough population to support the development, and whether there would be disruptions in the quietness of the area. After the CCPC meetings the petitioner reduced the size of the proposed development from 225,000 square feet to 210,000 square feet, increased buffers, and increased building setbacks In addition, the petitioner submitted additional data and analyses that dealt with the "need" for the proposed amendment and submitted additional data and analysis to address HB 697, which pertains to energy conservation and efficiency. Based on the additional information. County staff concluded that the project would likely reduce vehicle trips traveled by providing commercial and employment opportunities proximate to the area's residents. Council staff agrees the County staffs observations. Given the information available in the County's submittal, Council staff has reviewed the proposed amendment request and finds it not regionally significant due to its sub- threshold magnitude, location and character. Council staff believes that given its location in the County, it would help provide employment opportunities and reduce traffic on the adjacent mad network. Council stab also finds that the proposed development, given the development parameter conditions being placed on the development by the petitioner and County is consistent with the SRPP. 4. Petition CP- 2003 -2 At the CCPC meeting, the petitioner proposed changes to the requested amendment to reduce the size of the development from 431,950 square fed to 411,950 square feet (finally per the County summary document to 370,950 square feet), increase the Randall Boulevard Center PUD from 21,000 square feet to 31,000 square feet, and provided additional data and analyses. The CCPC recommended- that County staff recommendations and text relating to the proposed project's allowable square feet figures, the C4 zoning district, and the discontinuance of the of the Corkscrew Island Fire Station and Florida Division of Forestry Fire Tower be approved Subsequent to the CCPC meeting, the petitioner provided additional data and analysis concerning the "need" for the commercial development and additional data concerning the requirements of HB 697. County staff expressed concerns about the "needs" information that was submitted, which dealt mainly with petitioner's conclusions reached about a grocery use as part of the development proposal, yet the proposed subdistrict text did not mquee a grocery store. The County staff was concerned because the petitioner claimed that the grocery stm would deduce vehicle trips and provide employment opportunities for the area's residents. Based on the information submitted, the County staff expressed concerns as to its accuracy. Based on the County staff report, the proposed amendment would allow a development that would result in the following County findings: 1) The proposed site specific commercial amendment is a departure from the residents' established vision for Golden Gate Estates; 2) The Golden Gate Aral Master Plan (GGAMP) limits new commercial projects in the Estates to uses generally found in the C -1 through C -3 zoning districts of the Collier County LDC, which are intended to serve the basic shopping needs of the area's residents; 3) Approval of the proposed subdistrict circumvents the master planning process and limits public involvement; 4) The proposed development will most likely alter the semi -rural character of the Estates area by increasing noise, Ilght, and traffic; 5) The intensity and scale of the proposed development is consistent with commercial intensities found in urban areas; 6) The project's Primary Trade Ana (PTA) and Secondary Market Area (SMA) has been identified for a demand for community commercial serving uses in 2010 of about 8,714 square feet, increasing to approximately 195,034 square fed by 2030. (it should be noted that 210,000 square feet of community commercial land uses are proposed in CP 2008 -1 as seen above.); 7) The petitioner's market analysis identified that in the proposed project's PTA and SMA approximately 473,963 square fed of community center commercial land uses could be supported However, the analysis did not less out the already approved community commercial supply of 200,000 square Fed on 44 acres in the Orange Blossom Ranch PUD; 8) The CIGM identifies a deficit of community commercial laud uses in the Estates and Rural Settlement Area will exist in year 2010 in the amount of 63,817 square feet and Increase to 412,216 square fed by buildout. However, this deficit does not take into account the potential commercial square footage supply in the pending Big Cypress DRI, which Is located approximately 6 miles from the proposed project site. The proposed DR1 is likely to provide commercial and employment opportunities to residents residing in the eastern areas of the Estate 9) No significant public facility impacts, except those related to the transportation network are expected to occur as a msuh of the approval of this amendment; 10) Approval of this request to add 390,959 square feet of commercial uses at the subject location may be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, if the mitigation is approved by the BoCC; 11) The project consists of assembled properties that can accommodate community commercial cues. County staff is aware of no other assemblage in the Estates designated lands, except for land contained in the GMPA CP 200 8-1 and the Grange Blossom Ranch 200,000 square feet; 12) The project will be served by central water and sewer, 13) The site has access to Randal Boulevard, a collector road that will eventually become a 4 -land divided highway, and 14) All development in this Subdistrict will be subject to lighting requirements found in Policy 5.1.1. Given the information available in the County's submittal, Council staff has reviewed the proposed amendment request and finds it not regionally significant due to the fact the proposed development allowed by this amendment is just below the DRI threshold and therefore does not have the magnitude, location and character to be significant. Council staff agreett with the County staff duct this project is not consistent with the Golden Gate Area Master Plan and there Is no " need" for a project of this sire at the current time. Council staff finds that the proposed development, given the development location and character concerns of the project, is not consistent with the SRPP S. Petition CP 2003 -4 Based on the County staff report, the original Rural Fringe Mixed -Use District (RFMUD) designations were based upon landscape scale analysis. Since then, proposals for re- designation have relied on site - specific environmental findings in order to demonstrate different site characteristics. According to County staff this amendment petition provided data and analysis that the subject site's specific environmental conditions supports the redesignation and the impacts to the County's Transfer of Development Rights (TDR) program will be minimal. The site will be subject to all growth management plan requirements and limitations of the Neutral Lands designation, including the native vegetation preservationtretention requirements of the Conservation and Coastal Management Element (CCME). These requirements will be calculated at the time of any Conditional Use review by the County. The southerly property boundary coincides with the current boundary recommended by the Wilson/Benfield Corridor Study for future road rights -of -way, in accordance with the County's Long Range Transportation Plan (LRTP). The site Is recommended to be reserved for right- of-way at the time of Conditional Use review by the County. Given the information available in the County's submittal, Council staff has reviewed the proposed amendment request and finds it not regionally significant due to the fact the proposed change will have minimal environmental impacts to the area and does not have the magnitude, location and character to be significant. Council staff finds that the requested land use change is procedural and given the location and character of the site, the amendment is consistent with the SRPP 6. Petition CP- 2008 -7 As part of the 2006 cycle of GMP amendments, the County staff proposed numerous amendments to the GM?, including amendments to the Transportation Element to change the year from 2025 to 2030 on the following maps: TR -1, 2030 Long Range Financially Feasible Map; TR 2, 2030 Long Range Needs Map; and TR3A, 2030 Functional Classification Map. The date revisions were proposed so as to extend the planning period for the Transportation Element from the year 2025 to 2030, based upon the long range transportation planning update by the Metropolitan Planning Organization (MPO). The Board of County Commissioners approved the transmittal of that petition to DCA. When DCA rendered it Objections, Recommendations and Comments (ORC) Report in 2008, it included an Objection to this date extension because they stated that the County did not have a consistent time flame and provided several examples in the Comprehensive Plan that had different planning horizons. Pursuant to Rule 9- J5.005(5)(tX F.A.C., the required elements and any optional elements shall be consistent with each other and where data are relevent to several elements, the some data shall be used, including population estimates and projections and public facility analysis. In 2008, the Board of County Commissioners had throe options: 1) Adopt the proposed amendment as transmitted and see if the DCA would find it not in compliance with State law; 2) Adopt the proposed amendment as transmitted and adopt a new policy committing to conducting future studies to assess adequacy of land availability (especially non residential) to support the necessary finure population in the County to coincide with long term transportation maps, water and wastewater plans, the RLSA program, etc.; or 3) not adopt the proposed amendment. The Board chose option #3. Since the net Evaluation and Appraisal Report (EAR) is due from the County on January 1, 2011 and this 2007 -2008 cycle of GNP amendments is slated for adoption in July 2010, only five months prior to the EAR, County stab proposed the new Policy 4.11, which commits to addressing this Issue through the EAR and the EAR -based amendment process. Council staff has reviewed the proposed policy and agrees and supports the Board of County Commission and County staff that this issue is best addressed through the proposed policy. Council staff therefore finds that the proposed amendment is procedural, not regionally significant. and consistent with the SRPP. 7. Petition CP- 2009 -1 The subject site contains approximately 1,608 acres of land and is located on Miami - DadelCollier County line north of US 41 and south of the runway of the Dade - Collier Training and Transition CWn Airport and is within the Big Cypress Nation Preserve, which is an Area of Critical State Concern (ACSC). The subject site comprises a portion of 24,000 acres that is owned by Miami -Dade County, inclusive of the TNT Airport. The Big Cypress National Preserve was authorized by an act of congress on October 11, 1974 (Public Law 93 -440) and had a surrounding boundary that included 582,000 acres of land. "The act was amended on April 29, 1988, when Congress passed the Big Cypress National Preserve Addition Act (Public Law 100.301). The amendment was known as the Addition Act because it expanded the size of the original preserve by about 147,000 acres. Since the enlargement of the preserve, the expansion area has been referred to as the Addition. In 1991, the National Park Service (NPS) finalized the General Management Plan for the Preserve. That plan addressed only the original Preserve and contained no guidance for the Addition area. The NPS began administration of the Addition in 1996. Since that time, the Addition has been closed to public recreational motorized use and hunting, with the only permitted public uses being pedestrian and bicycling access and camping Tice subject lands are designated Conservation and is In the ACSC Overlay on the Countywide Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP�, At the present time, there are no Districts or Sub - districts in the land use designation. This amendment seeks to amendment the Future Land Use EIement (FLUE) and the FLUM of the GMP to create the " Dade - Collier Cypress Recreation Area District" within the Conservation Designation to allow for a variety of outdoor recreation activities, Including trails for the operation of off - highway vehicles (OHVs). An OHV is defined in Section 261.03(6) of the Florida Statuses as any all terrain vehicles (ATV) , or off highway motorcycle (OHM) that is used off the roads or highways of this State and that is not registered and licensed for highway use under Chapter 320 of the Florida Statutes. As proposed, the Dade - Collier Cypress Recreation Area District would be owned by Miami -Dade County and includes lands south of the TNT nmway that has wetlands, cypress and hardwood forests, and five man -made lakes. The primary purposed of the new District would be to enhance the existing natural resources while providing for an appropriate level of recreational uses beneficial to the County and region. The new District would allow with limitations a visitors' center building for administrative o@ices, orientation area, meeting room, and rest worn that would not exceed 2,400 square feet; a parking lot limited to a capacity of 80 passenger vehicles and associated trailers; primitive camping; recreation vehicle camping; fishing pier and docks; multi -use trails for pedestrians and bicycles; wildlife viewing platforms and overlooks; archery range; off highway vehicles (OHV) trails and other uses as allowed in the Conservation designation As proposed, development within the district except for trails, may be concentrated on already disturbed areas along the western portions of the site. As presently proposed, the drainage and stormwater management systems for the proposed district may be designed to be compatible with environmental site assessments, development and mitigation strategies, environmental enhancements and regulatory requirements. Site development may restore/realign existing trails previously created by swamp buggies that traverse the site primarily in an cast/west direction. Lake edges may be improved with a shallow littoral zone where determined appropriate. At the time of rezoning of the property, an adaptive comprehensive management plan addressing the use of OHVs shall be provided that includes. OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs on public land. These specifications may address vehicle and tire size, noise control, prohibition of certain OHV and prohibition of devices affixed to tires; provision of inspection program of vehicle registration program; provisions of demarcated site boundaries; definitive location of all proposed uses; development intensity limitations; and monitoring provisions to ensure OHV compliance. The subject site was recommended by the Miami -Dade County Park and Recreation Department August 2007 study entitled, "Off Highway Vehicle Trail Feasibility Study." This study evaluated 23 sites for potential future OHV usage and selected five sites, including the subject site for ittrther investigation. The study found the land surrounding the TNT Airport as the most viable long -term option of the five sites — part because it is already owned by Miami -Dade county. Additionally, Collier County Resolution No. 09-. 144 was approve by the Board of County Commissioners on June 9,2009 and directs the County Manager or his designee to support the establishment of the proposed recreation area, identify the applicable planning and development approvals necessary for the development of the recreadon area, and assist with coordinating input from the applicable regulatory agencies. Council staff has reviewed the proposed amendment and finds that the proposed site development is regionally significant in that the lands Impacted by this amendment is located adjacent to the County line between Dade and Collier Counties on the west end. In addition, the proposed facility will attract users from outside the region that will result in an increase of site - specific traffic and will impact regional environmental resources that will affect the Everglades. Council staff is concerned that the proposed recreational development of the subject site as described in the proposed amendment could negatively impact the Everglades Restoration effort. Tha Federal and State government and associated regulatory agencies have approved specific projects in the Restoration Plan that are intended to improve the natural stormwater sheet flow In the Big Cypress and thereby improve the overall environmental condition of the Everglades. Specifically, a project proposed for Water Conservation Area 3 and called the "Decompartmentalization and Sheetflow Enhancement Project" will fill Canal L28 located to the east of the subject site. According to the South Florida Water Management District staff, this restoration project could potentially change the sheetflow characteristics on the subject site and make the area much wetter in the future that it is presently. This restoration project has the potential to hinder the proposed recreational uses planned for the site and thereby render it mostly useless for OHV recreational purposes in the ftrture. 9 Because of the Everglades Restoration project and potential impacts to the environmental resource of the Big Cypress National Preserve and Everglades as previously discussed, Council staff finds that the proposed amendment is not consistent with the SRPP and would emphasize resource preservation, restoration, and research while providing limited recreational opportunities with limited facilities and support. In order to be consistent with the SRPP the subject site should provide the maximum amount of conservation, no OHV use, and minimal new facilities for visitor contact along the US 41 corridor. The key impacts of implementing this would include moderate, long -term, beneficial, and widespread impacts on surface water flow and water quality including maintenance of sheaf flow dynamics of the natural Big Cypress Swamp landscapes long -term, moderate, beneficial and potentially area wide impacts on the rW uction of the introduction of known and new exotic / non- native plants and animals; long - tern!, moderate to significant, beneficial impacts on (likely to positively affect) the Florida Pandrer long -corm, moderate to significant, beneficial impacts on (likely to positively aft a) the Red-cockWod Woodpecker population; long -tern, minor to moderated adverse hnpads on major game species; long-term, moderate, beneficial and adverse area wide impacts on wilderness resources and values; long-term, moderate, beneficial and adverse impacts on visitor use and expedenca In addition, this alternative will reduce localized terrain ak atioq and exposure of marl and sandy soils creating rutted channels for more rapid water flow, reduce significant long-term, moderate to severe, adverse impacts on the Florida Black Bear, reduce introduction of human waste, trash and other debris; reduce long -term, moderate to severe adverse impacts on (likely to adversely affect) the Wood Stork and other wading birds species; reduce long -terra, moderate to severe, adverse impacts on (likely to adversely affect) the Big Cypress Fox Squirrel; reduce increased negative human - wildlife interactions resulting in management and complaint issues; and reduce the potential for an increase In inappropriate public land use for dumping; and resource harvesting of rare and endangered plants. 9. AppUcable Strategic Regional Policy Plan Goals, Strategies and Actions: 1. Petition CP- 2007 -1 Livable Communities Goal 2; Southwest Florida will develop (or redevelop) communities that are livable and offer residents it wide range of housing and employment opportunitiea. Strategy: Develop livable, integrated communities that offer residents a high quality of life. Action 1: Encourage programs that promote infrll development in urban arras to maximize the efficient use of existing infrastructure. Economic Infrastructure Goal 1: A wed- maintained social, health, and educational infrastructure to support business and industry. Strategy: Ensure the adequacy of lands for commercial and industrial centers, with suitable services provided. 10 Action 2: ldentify existing urban lands and transportation corridors for development or redevelopment, and ensure adequate access and services are provided. Action 3: Include in planning efforts the recognition of lands with natural capacity, accessibility, previous preparation for urban purposes, and adequate public facilities. 2. Petition CP- 2007 -3 Livable Communities Goal 2: Southwest Florida will develop (or redevelop) communities that are livable and offer residents a wide range of housing and employment opportunities. Strategy: Develop livable, integrated communities that offer residents a high quality of life • Action 1: Encourage programs that promote infill development in urban areas to maximize the efficient use of existing infastructure. Action 2: Work with local governments to promote structures and developments that combine commercial and residential uses as a meow of providing housing that is aftbrdable and near employment opportunities. Economic Infrastructure Goal t: A well- maintained social, health, and educational infrastructure to support business and industry. Strategy: Ensure the adequacy of lands for commercial and industrial centers, with suitable services provided. Action 2: Identify existing urban lands and transportation corridors for development or redevelopment, and ensure adequate access and services are provided. Action 3: Include in planning efforts the recognition of lands with natural capacity, accessibility, previous preparation for urban purposes, and adequate public facilities. 3. Petition CP -2008-1 Livable Communities Goal 2: Southwest Florida will develop (or redevelop) communities that are livable and offer residents a wide range of housing and employment opportunities. Strategy: Develop livable, integrated communities that offer residents a high quality of life - Action 1: Encourage programs that promote Mil development in urban areas to maximize the efficient use of existing infrastructure. Action 2: Work with local governments to promote structures and developments that combine commercial and residential uses as a mum of providing housing that is affordable and near employment opportunities. Economic Infrastructure Goal 1: A well - maintained social, health, and educational infrastructure to support business and industry. Strategy: Ensure the adequacy of lands for commercial and industrial centers, with suitable services provided Action 2: Identify existing urban lands and transportation corridors for development or redevelopment, and ensure adequate access and services are provided Action 3: Include in planning effort the recognition of lands with natural capacity, accessibility, previous preparation for urban purposes, and adequate public facilities. 4. Petition CP- 2008 -2 Livable Communities Goal 2: Southwest Florida will develop (or redevelop) communities that are livable. and offa residents a wide range of housing and employment opportunities. Strategy: Develop livable, integrated communities that offer residents a high quality of lift Action I: Encourage programs that promote lupin development in urban areas to maximize the efficient use of existing infrastructure. Action 2: Work with local governments to promote structures and developments that combine commercial and residential uses as a mesas of providing housing that is a&rdable and near employment opportunities. Economic Infrastructure Goal 1: A well - maintained social, health, and educational infrastructure to support business and industry. Strategy: Ensure the adequacy of lands for commercial and industrial centers, with suitable services provided. Action 2: Identify existing urban lands and transportation corridors for development or' redevelopment, and ensure adequate access and services are provided Action 3: Include in planning efforts the recognition of lands with natural capacity, accessibility, previous preparation for urban purposes, and adequate public facilities. S. Petition CP- 2008 -4 Livable Communities Goal 2: Southwest Florida will develop (or redevelop) communities that are livable and offer residents a wide range of housing and employment opportunities. Strategy: Develop livable, integrated communities that offer resident a high quality of life Action 1: Encourage programs that promote infill development in urban areas to maximize the efficient use of existing infrastructure. 12 Action 2: Work with local governments to promote structures and developments that combine commercial and residential uses as a means of providing housing that is affordable and near employment opportunidc . Economic Infrastructure Goal 1: A well- maintained social, health, and educational infrastructure to support business and industry. Strategy: Ensure the adequacy of lands for commercial and industrial centers, with suitable services provided. Action 2: [dentiijr existing urban lands and transportation corridors for development or redevelopment, and ensure adequate access and services are provided Action 3: Include in planning efforts the r=gnition of lands with natural capacity, accessibility, previous preparation for urban purposes, and adequate public hmildes. Action S: Review proposed development for increased densities and infill in suitable urban areas. 6. Petition CP 2005 --7 Livable Communities Goal 3: A stable economy based on a continuing excellent quality of life. Strategy: Streamline regulatory processes to avoid delays for new or expanding businesses, provided safety, health, and environmental requirements are met. Action 1: Encourage local governments to expedite do permitting process and to assist businesses in permitting and licensing matters. Action 2: Cooperate with local governments, public agencies, environmental groups, and business groups to review permitting and licensing processes, forms, and related aspects for efficiency and standardization. 7. Petition CP- 20099 -1 Livable Communities Goal 4: Livable communities designed to improve quality of life and to provide for the mwWnability of our natural resources. Strategy: Promote through the Council's review roles community design and development principles that protect the Region's natural resources and provide for an improved quality of life. Action S: Working with all levels of government within Southwest Florida actively plan for lands that have been acquired for natural resource purposes to be maintained and managed to preserve their environmental integrity. Action 9: Insure that opportunities for governmental partnerships and public/private partnerships in preserving wildlife habitat are maximized. W Regional Cooperation Goal S: Effective resource management is maintained across the borders of sovereign public agencies. Strategy: All plans concerning the same resource shall have as objectives the same effective results. Action 4: The SWFRPC will promote state; regional and local agencies to consider lands identified as priority one habitat south of the Caloosehatchoo River and area formally designated as critical habitat for the Florida Panther to be incorporated in the agency's natural resource management programs and provide iniergovemmental coordination for the implementation of management practices that, based on existing data, would be expected to result in maintaining habitat conditions for the panther. • Action 7: The SWFRPC will continue to coordinate with the entities of the South Florida Ecosystem Restoration Task Force Working Group in their restoration efforts. 10. The off" of the Proposed Amendment on Regional Resources or Facilities Identifled in the Strategie Regional Policy Plans 1. Petition CP- 2007 -1 The proposed development that would result if this requested amendment is approved is below regionally significant thresholds and therefore will not have significant impact on regional resources due to its magnitude, location or character. The need for additional commercial development in this planning area of the County was not finalize with County staff by the petitioner. Council staff supports the County finding that the proposed amendment is not needed at this time. 2. Petition CP- 2007 -3 The proposed development that would result if this requested amendment is approved is church related and the land used currently planned for the site will not have significant impacts on regional resources due to its minimal magnitude, location and character. The County and petitioner have not finalized the process that is required for approval at this time. 3. Petition CP- 2003 -1 The proposed development that would result if this requested amendment is approved is below regional significant thresholds and therefore will not have significant impact on regional resources due to its magnitude, location or character. The need for additional commercial development in this planning area of the County was provided by the petitioner and the County staff determined that the proposed development will provide a reduction of vehicle trips and increased employment opportunities in a part of the County when commercial development is needed. Council staff supports the County finding that the proposed amendment will assist in the improvement of the employment situation in the County and reduce vehicle trips into the urbanize portion of the County. 14 4. Petition CP- 2003 -2 The proposed development that would result if this requested amendment is approved is just below regionally significant thresholds for a DRI and therefore will not have regionally significant impact on regional resources due to its magnitude, location or character. The need for additional commercial development in this planning area of the County was not finalized by the petitioner with the County staff. Council staff supports the County finding that the proposed amendment is not needed at this time. S. Petition CP- 2008 -4 This proposed amendment is a procedural request that will redesignate the subject site. The impact$ to the County's TDR program will be minimal. The land use designation change for the site will not have significant impacts on regional resources due to it's to the change. 6. Petition CP- 2008 -7 This proposed amendment Is a procedural request that the County staff requested pertaining to aligning planning time flames in the County's Growth Management Plan. The requested amendment will have no effect on the regional resources or facilities identified in the Strategic Regional Policy Plan. 7. Petition CP- 2009 -1 This amendment, if approved, will result in the creation of the Dade - Collier Cypress Recreation District within the Conservation designation identified in the County FLUE and shown on the FLUM for a site located along the Miami- Dade/Collier County border. Due to the magnitude, location, and character of this amendment, it has the potential to have significant impacts on regional resources and facilities that are identified in the Strategic Regional Policy Play The subject request will have impacts on the Everglades Restoration effort and potentially, the subject site could be impacted by the "Decompartmentalizadon and SheetIIow Enhancement Project" that will 811 Canal L28 located to the east of the subject site. This project could render the property useless for the intended recreational uses in the future. 11. Extra - Jurisdictional Impacts that would be Inconsistent with the Comprehensive Plan of the Affected Local Government: 1. Petition CP -2007 1 The development that would result if the proposed amendment is approved would not have extra- jurisdictional impacts that would be inconsistent with the County's Comprehensive Plan. The proposed amendment would allow commercial development that was not shown to be needed at this time in the planning area of the County. 2. Petition CP- 2007 -3 The development that would result if the proposed amendment is approved would not have extra jurisdictional impacts that would be inconsistent with the County's is Comprehensive Plan. The proposed amendment would allow a church development that is service oriented. The final land uses and the process to be utilized for approval of the project does not seem to be finalized at this time, therefore this amendment is a procedural matter. 3. Petition CP- 2008.1 The development that would result if the proposed amendment is approved would not have extra- jurisdictional impacts that would be inconsistent with the County's Comprehensive Plan. The proposed amendment would allow commercial development that was shown to be needed in the subject planning area of the County. 4. Petition CF-2008-2 The development that would result if the proposed amendment is approved has the -potential to have extra jurisdictional impacts that would be inconsistent with the County's Comprehensive Plan. Transportation impacts lom a project this sin could impact the regional roadway network without proper mitigation The proposed amendment due to its magnitude was identified by the County staff to exceed the need in the subject planning area of the County. Council staff found that the project is inconsistent with the 3RPP due to the lack of need for the project based on the County staff analysis. S. Petition CP 2008 -4 This proposed amendment is a procedural request that will redesignate the subject site. This change will not have extra jurisdictional impacts that would be inconsistent with the Comprehensive Plan of the affected local government. 6. Petition CP 2008 -7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time frames in the County's Growth Management Plan. The requested amendment will have no effect on extra jurisdictional impacts that would be inconsistent with the Comprehensive Plan of the affected local government. 7. Petition CP- 20091 If as proposed amendment is approved as planned, the recreation facilities will result in impacts that would be inconsistent with the County's Comprehensive Plan. The proposed amendment would allow recreational facilities that would negatively impact rate and endangered species located in the Big Cypress National Preserve, hinder the Everglades restoration effort, reduce conservation lands in the region, and potentially result in significant impacts on U.S. 41 from areas external to the region. 16 Analysis of the effects on the proposed amendments on the following issues to the extent they are addressed in the Strategic Regional Polley Pima on: 12. Compatibility among local plans including. but not limited to, land use and compatibility with military bases: 1. Petition CP- 2007 -1 If approved, this amendment will result in commercial development that has not been shown to be needed and is therefore inconsistent with the local plans. The proposed amendment will provide for commercial development at a location that will is not .currently approved for commercial, but because of its minimal magnitude and character, it will not have significant regional impacts. 'lice proposed amendment will not impact any military bases. L Petition CP -2007-3 If approved, this amendment will result in church, development that may be consistent with the local plans when the final land usm and the process for review are completed. The proposed amendment will provide for a development at a location that will is not currently approved foe the land use proposed, but because of its minimal magnitude and character, it will not have significant regional impacts. The proposed amendment will not impact any military bases. 3. Petition CP- 2008 -1 If approved, this amendment will result in commercial development that has been shown to be needed and is therefore consistent with the local plans. The proposed amendment will provide for commercial development at a location that will is not currently approved for commercial, but because of its sub - threshold magnitude, location, and character of the project it will not have significant regional impacts. The proposed amendment will not impact any military bass. 4. Petition CP- 2008 -2 If approved, this amendment will result in commercial development that has not been shown to be needed and is therefore inconsistent with the local plans. The proposed amendment will provide for commercial development at a Iocation that will is not currently approved for commercial and because is just below DRI magnitude and because of its location and character, it will have significant but not regional impacts. The proposed amendment will not impact any military bases, S. Petition CP- 2008 -4 This proposed amendment is a procedural request that will redesignate the subject site. This change will not have extra-jurisdictional impacts that would be inconsistent with the Comprehensive Plan of the affected local government. The proposed amendment will not impact any military bases. 17 6. Petition CP- 2008 -7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time Humes in tho County's Growth Management Plan. The requested amendment will have no effect on compatibility among local plans. The proposed amendment will not impact any military bases. 7. Petition CR20094 If approved, this amendment will result in a recreational facility that has not been which result in significant environmental and infrastructure impacts that would be inconsistent with the local plans. The proposed amendment will provide for human activities at a location that is intended as a conservation area. This action will significantly impact wildlife and vegetation, water resources, and roadways. The proposed amendment will not impact any military bases, but may have negative impacts on the existing TNT airport that is adjacent and to the north of the proposed facilities. 13. Impaets to signifleant regional resources and faciUties identilled in the Strategic Regional Policy Plan, iacludiag, but not limited te, impacts on groundwater recharge and the availabiUty olwater supplyt 1. Petition CP- 2007 -1 If approve4 this amendment will result in an increase in development and thereby result in more impervious surfaces in the planning area. This action will reduce the groundwater recharge on the subject site, but because of the minimal magnitude, location, and character of the proposed development, the requested amendment will not have significant impacts on regional resources. 2. Petition CP- 2007.3 If approved this amendment will result In an increase in development and thereby result in more impervious surfaces in the planning area. This action will reduce the groundwater recharge on the subject site, but because of the minimal magnitude of the proposed development, the requested amendment will not have significant impacts on regional resources. 3. Petition CP -2008-1 If approved, this amendment will result in an increase in development and thereby result In more impervious surfaces In the planning area This action will reduce the groundwater recharge on the subject site, but because of the sub - threshold magnitude, location and character of the proposed development, the requested amendment will not have significant impacts on regional resources. 4. Petition CP- 2008 -2 If approved, this amendment will result in an increase in development and thereby result in more impervious surfaces in the planning area. This action will reduce the groundwater recharge on the subject site. Because of the magnitude, location, and character of the proposed development, the requested amendment will have significant is impacts on County resources, but does not reach the level of development to have significant impact on regional resources. Because the proposed development that would result from this amendment was determined to exceed the need in the subject planning area, the potential impacts on regional resources will not be addressed at this time. S. Petition CP- 2008.4 This proposed amendment is a procedural request that will redesignate the subject site. This change will not have impacts to significant regional resources and facilities identified in the Strategic Regional Policy Plan. The propose change is base on envitonmenUsd analyses provided by the County. The requested amendment will not result in regional impacts to groundwater recharge or availability of water supply in the subject County. 6. Petition CP- 2008 -7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time fames in the County's Orowth Management Plan. The requested amendment will have no effect on significant regional resources or facilities that are identified in the Strategic Regional Policy Plan, including. impacts on groundwater recharge and the availability of water supply. 7. Petition CP- 20094 If approved, this amendment will result in an increase in development on the site and thereby result in more impervious surfaces in an area of the County. The subject site will be subject to increased sheedlow in the future in order to provide for the Everglades restoration. The proposed amendment will allow development that will potentially impact regional, resources and facilities by placing recreational facilities on a site that will be impacted by flrture Everglades Restoration improvement projects. The Federally and State approved "Decompartmentalization and SheetfTow Enhancement Project," which is part of the Everglades Restoration Plan, will be constructed east of the proposed project and has the potential to produce sheetflow across the entire site. Based on the construction of this protect and the intended stormwater management results, the requested amendment will have significant impacts on regional resources and facilities by placing development activities on the site. 14. Affordable housing issuer and designation of adequate sites for affordable housing: 1. Petition CP- 2007 -1 The proposed amendment will not have significant regional impacts on affordable housing in the County. The development that would result from the proposed amendment would be located in a part of the County where sufficient affordable housing is available due to the current economic situation of southwest Florida. 19 2. Petition CP- 2007.3 The proposed amendment will not have significant regional impacts on affordable housing in the County. The development that would result from the proposed amendment would be located in a part of the County where sufficient affordable housing is available due to the current economic situation of southwest Florida. 3. Petition CP- 2008 -1 The proposed amendment will not have significant regional impacts on affordable housing in the County. The development that would result from the proposed amendment would be located in a part of the County where sufficient affordable housing is available due to the current economic situation of southwest Florida. 4. Petition CP- 2008 -2 •The proposed amendment will not have significant regional impacts on affordable housing in the County. The development that would result from the proposed amendment would be located in a part of the County where sufficient affordable housing is available due to the current economic situation of southwest Florida. S. Petition CP 2008.4 The proposed amendment will not have significant regional impacts on affordable housing in the County. The proposed amendment is procedural and will not result in regionally significant impacts to affordable housing availability in the County. 6. Petition CP- 2008 -7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time frames in the County's Growth Management Plan. The requested amendment will have no effect on affordable housing availability in the County. 7. Petition CR20094 The proposed amendment will not have significant regional impacts on affordable housing in the County. The proposed development proposed the subject site will not produce an activity that will result in the need for affordable housing. 15. Protection of natural resources of regionally significance Identified in the Strategic Regional Policy Plan including, but limited to, protection of spring and groundwater resourceq and recharge potentials 1. Petition CP- 2007 -1 The commercial development that would result liom this amendment does not have the magnitude, location or character to significantly impact regional natural resources, recharge potential or groundwater resources. There are no springs requiring protection on or near the subject site. 2. Petition CP- 2007 -3 20 The proposed development that would result from this amendment due to its minimal magnitude, location and character will not significantly impact regional natural resources. The proposed development will have minimal impacts on recharge potential or groundwater resources. There are no springs requiring protection on or near the subject site. 3. Petition CP- 2008 -1 The commercial development that would result from this amendment does not have the magnitude, location or character to significantly impact regional natural resources, recharge potential or groundwater resources. There are no springs requiring protection on or near the subject site. 4. Petition CP 2008 -2 Its commercial development that would result from this amendment will have significant impact on County resource, but because the proposed development will be below DRI levels it will not have the magnitude, location or character to significantly impact regional natural resources, recharge potential or groundwater resources. There are no springs requiring protection on or near the subject site. S. Petition CP 2008.4 This proposed amendment is a procedural request that will redesignate the subject site. This change will not have impacts to significant regional natural resources identified in the Strategic Regional Policy Plan. The propose change is base on environmental analyses provided by the County. The requested amendment will not result in regional impacts to groundwater resources or recharge potential in the County. There are no springs requiring protection on or near the subject site. 6. Pedtlon CP 2008 -7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time frames in the County's Growth Management Plan. The requested amendment will have no effect on protection of natural resources of regional significance identified in the Strategic Regional Policy Plan, including springs, groundwater resources, or recharge potential 7. Petition CF-2009-1 The proposed construction of the recreation facilities planned for the subject site that would result from this amendment will impact the protection of regionally significant natural resources that are identified in the Strategic Regional Policy Plan. Human intrusion into the existing conservation area will negatively affect the wildlife and vegetation found on the site. In addition groundwater resources and recharge potential for the site will be impacted due to the construction of park facilities. There am no springs requiring protection on or near the subject sits 21 16. Compatibility with regional transportation corridors and facilities including, but not limited to, roadways, seaport, airports, public tmasportation systems, high speed rail facilities, and lntermodal facilities: 1. Petition CP- 2007 -1 The commercial development that would result from this amendment does not have the magnitude, location or character to significantly impact regional roadways, airports, public transportation systems, high speed rail facilities, and intermodal facilities. There are no seaports in southwest Florida and the proposed amendment will not significantly impact water access in the region. 2. Petition CP-2007 -3 The development that would result from this amendment does not have the magnitude, location or character to significantly impact regional roadways, airports, public transportation systems, high speed tail facilities, sad intermodal facilities. There are no seaports in southwest Florida and the proposed amendment will not significantly impact water access in the region. 3. Petition CP 2003 -1 The commercial development that would result from this amendment does not have the magnitude, location or character to significantly Impact regional roadways, airports, public transportation systems, high speed rail facilities, and intermodal facilities. There are no seaports in southwest Florida and the proposed amendment will not significantly impact water access in the region 4. Petltion CP- 2008 -2 The commercial development that would result from this amendment does not have the magnitude, location or character to significantly impact regional roadways, airports, public transportation systems, high speed rail facilities, and intermodal facilities. There are no seaports in southwest Florida and the proposed amendment will not significantly impact water access in the region. S. Petition CP 2008 -4 The commercial development that would result from this amendment does not have the magnitude. location or character to significantly impact regional roadways, airports, public transportation systems, high speed rail facilities, and intermodal, facilities. Them are no seaports in southwest Florida and the proposed amendment will not significantly impact water access in the region. 6. Petition CP- 2003 -7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time fimes in the County's Growth Management Plan. The requested amendment will have no significant impact on regional roadways, airports, public transportation systems, high speed rail facilities, or intermodal facilities. 22 There are no seaports in southwest Florida and the proposed amendment will not significantly impact water access in the region. 7. Petition CF-200-1 The construction of recreation facilities on the subject site that would result Prom this amendment will substantially impact the regional roadways like U.S. 41 and the TNT Airport. Public transportation systems, high speed rail facilities, and intermodal facilities will not be impacted by the proposed development. There are no seaports in southwest Florida and the proposed amendment will not significantly impact water access in the region. 17. Adequacy and compatibility with emergency preparednea Plana and local mitigation straeeocl indading, but not limited t% the impacts on and availability of hurricane shelters, maintenance of county hurricane clearance times, and hazard mitigation: 1. Petition CP- 2007 -1 The commercial development that would result from the proposed amendment will not significantly impact the adequacy or compatibility with emergency preparedness plans and local mitigation strategics. Thu proposed commercial project will not significantly impact the availability of hurricane shelters, maintenance of county hurricane clearance times, or hazard mitigation. 2. Petition CP 2007 -3 The development that would result from the proposed amendment will not significantly impact the adequacy or compatibility with emergency preparedness pleas and local mitigation strategies. The proposed church facilities project will not significantly impact the availability of hurricane shelters, maintenance of county hurricane clearance times, or hazard mitigation. 3. Petition CP 2008 -1 The commercial development that would result from the proposed amendment will not significantly impact the adequacy or compatibility with emergency preparedness plans and local mitigation strategies. The proposed commercial project will not significantly impact the availability of hurricane shelters, maintenance of county hurricane clearance times, or hazard mitigation. 4. Petition CPS- 2008.2- The commercial development that would result fern the proposed amendment will not significantly impact the adequacy or compatibility with emergency preparedness plans and local mitigation strategies. The proposed commercial project will not significantly impact the availability of hurricane shelters` maintenance of county hurricane clearance times, or hazard mitigation. 23 S. Petition CP- 2008 -4 This proposed amendment is a procedural request that will redesignate the subject site. This change from the proposed amendment will not significantly impact the adequacy or compatibility with emergency preparedness plans or local mitigation strategies. The proposed change in designation will not significantly impact the availability of hurricane shelters, maintenance of county hurricane clearance times, or hazard mitigation. 6. Petition CP- 2003.7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time frames in the County's Growth Management Plan. The requested amendment will have no significant impact on adequacy and compatibility with emergency preparedness plans or local mitigation strategies. In -addition, the proposed amendments will have no impacts on and availability of hurricane shelters, maintenance of county hurricane clearance times, or hazard mitigation. 7. Petition CP 2009 -1 The requested amendment will have no significant impact on adequacy or compatibility with emergency preparedness plans or local mitigation strategies. In addition, the proposed amendment will have no impacts on or availability of hurricane shelters, maintenance of county hurricane clearance times, or hazard mitigation. 18. Analysis of the effects of eitra- jurisdiction impacts which may be created by the amendment: 1. Petition CP 2007 -1 Due to the location and small magnitude of the development that would result from the requested amendment, there are no regionally significant extra jurisdictional impacts created by the requested amendment. 2. Petition CP- 2007 -3 Due to the location and magnitude of the development that would result from the requested amendment, there are no regionally significant extra jurisdictional impacts created by the requested amendment. 3. Petition CP- 2008 -1 Due to the location and magnitude of the development that would result from the requested amendment, there are no regionally significant extra jurisdictional impacts created by the requested amendment. 24 4. Petition CP- 2008 -2 Due to the location and sub - threshold magnitude of the proposed development that would result from the requested amendment, there are no regionally significant extra - jurisdictional impacts created by the requested amendment. S. Petition CP- 2008 -4 This proposed amendment is a procedural request that will redesignate the subject site. The change would result from the requested amendment will not crcate regionally significant extra-jurisdictional impacts. 6. Petition CP- 2008 -7 This proposed amendment is a procedural request that the County staff requested pertaining to aligning planning time framcs in the County's Growth Management Plan. •The requested amendment will not result in extra - jurisdiction impacts. 7. Petition CP- 200961 The proposed amendment will allow the construction of a recreation facility that will attract significant use by people that are located outside the region. Due to its location and the fact that the proposed facilitles will be owned by Mlami -Dade County, major users of the proposed facility will be coming from the east coast of Florida. These impacts on the roadway network and the problems associated with the successful implementation of approved Everglades restoration projects will result in significant extra-jurisdictional impacts. 25 Attachment 1D Maps Collier County DCA 010-1 Proposed Comprebensive Plan Amendments Site Locations PENDING GMPAs LOCATIONS (200712048 COMBINED CYCLE) EAST OF CR 451 IN GOLDEN GATE ESTATES la— ca Cow rj us mr1�ER�G RFMUD RLSA- RLriA rrr r rrnwwrr Ir nr+!0 RFMUD x nur�rru■ cur 8LvD Legend ri..r w r�Grasaa -• ':�a�M,�G� ter?r , _ ►acct aNY1s OM a(G1 j comwo Cr�nrY�uYrrYYt AO/r,lwar •�'.'rit. �_ —Tj Pr f. '� -i. �•.,!.u•- •�•3r� c -••� ►cart 't ;j.. ry :r• '� RLSA rIl w•ca++cwr�n a_ 77777 Q aow am Gorr. a ILEA YBIMMC/�,iOY��� _fir rwGC��. irw�Y�iwIGNi�nG"owd I Gr�rGl �1.�1 *� '�1 'jC����•�•j�••� y .�� - "'ter Ci�� rr ` sii3Ekrd41 pit RF Oyu _ • �,c�.� o- a�5 = i ". `.r.� "-::;�.'= � -�i• ::- �_: `,;` �•-tJ- �� r _ -.,,r/i� a r -�r`r Nit Is �+ r r: �Y rot. ✓'. " �_ .A' • ?7: i ri�Y���� y '•s. .fit Y .i s,�.s, �"�?i:!rS -i; rr r�" �"f {:� ^� r'{rrYt��•,.t�:r EXHWff A PETMM CP -=7dL 3e IWON 8UBDI8TR= COLLIES COUNTY, PL08IDA —j LEGEND v't ® i�.ICGT rr.::r.,+acs u�., ar►wtx s.,mo,r Ycaor �A oi�anu�T yp (+/rI1G,n,(�[SK �Qi YAW tt 12 7 8 p 10 u 15 14 13 18 � 17 tti OIL WF11 ROAD C.R. 658 SUBJECT SITE 22 � CP- 2007 -03 t s so z1 24 R111VDA11 BOULEVARD 27 26 25 30 � 28 EXHISrrA PETMON 0- 200602A RANDALL BOULEVARD COMMERCIAL SUBDISTRICT CoMw County. Florida 11MOVO - E7TFM8M 14 tow (cxa Na 20G3 -44) AMEHOM - IAMARY 21. 1007 (Qrd. 'im 2007 -19) i — i -- 7 0 1/2 W. 1 �K ~AAW lr* nl" M&PFM ='loll 1 CC%" -Mn 01 llOP+io/r AM Ot ARdAtxTAL = ERMOM OrA%M mu. W2000-29098 nATC q /2" LEGEND COU" CAR xMmAuk T MATO AREA lut —TiL1 lal am - L1� FUTURE LAND USE YAP w Cr/isr c4w* ^*A" r rloOwnl.wu.rl�wwlr '�Vt �� wrl �OIL01�1� i "r���lnrrw11r�1rw r w F w v SMO ` 0 _ Alai I lt24f ( a111 Ew . r •w• I/t tilt lltl 333/ 1331 1341 rw��www o."wi� .. ■.w.• wra•w .w w i ��rw ii�•w:.Z'r -rr.: I Q:�� -=' •_• +�.rwww«r �� r�•wf1��w11s•• �wi/s�R �rq�..r r. 0 :iii ~w � �• "�'iir.r� �or�w�w�. i1 w.w.r�r fit! � � �l�(�•r.+r ��rw■1�w wmwr 11....«.1 1 �aass�r� ❑ • 0 Saar �f. 1� Owww•rrr►wwr��lrr'���� ����__._ JRAWAVAsaw WAX M�111L 1103/[ �s 110.b1NOS .... i'' gar +OoAM 3 319 M 0,1- 1.LIAi11[ SUBJECT sm Cp- 2009-01 a i 1 1 94 1 1 • w w ml DADE- COLLIER CYPR W RECISATIOH ARM DISMCT v 1091 GW.IdBY Oola=, PLORMA O eutpA w By'. �.siuo r+vrwc occn cauw••ty oEM"P�'f — in-wW-BENTAL *A%= ciw&ow Fu: C9- 29ao -oitiow wtE 6 /mtM • wr awl �iscsN� "a. -cauj" cry •sararNUr Am AWAM r 2007 Aerial Orthophoto Source: Big Cypress National Preserve Appendix V.D.5b.4 CP- 2009 -01 10