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EAC Agenda 08/11/2010 WEAC GROWTH MANAGEMENT PLAN EVALUATION & APPRAISAL REPORT WORKSHOP AGENDA AUGUST 11, 2010 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA Growth Management Plan (GMP) Evaluation & Appraisal Report (EAR) Workshop August 11`h, 2010 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building " F") — Third Floor Call to Order II. Roll Call III. Approval of Agenda IV. EAR Overview — Mike Bosi, AICP Conservation & Costal Management Element Review — Michele Mosca, AICP Drainage Sub - Element — Corby Schmidt, AICP Natural Groundwater Aquifer Recharge Sub - Element — Corby Schmidt, AICP Future Land Use Element — David Weeks, AICP V. Public Comments VI. Adjournment Council Members: 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. 7Z% COLLIER COUNTY GOVERNMENT Growth Management Division - Land Development Services Dept. • Comorehensive planning. Section • 2£300 North Horseshoe Drive • Naoles. Florida 34104 To: Environmental Advisory Council (EAC) From: Mike Bosi, AICP, Comprehensive Planning Manager Date: 7 -28 -10 RE: Instructions for review of the Evaluation & and Appraisal Report (EAR) Workshop Edition The purpose of this memorandum is to provide an instructional guideline for the review and participation in the EAC's workshop for the Collier County Growth Management Plan (GMP) Evaluation and Appraisal Report, the seven year state required review of the GMP. PROJECT DESCRIPTION: Florida Statutes require all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this planning requirement, the local government must monitor changing conditions and must use this information to guide periodic amendments to the local comprehensive plan. Within Collier County the local comprehensive plan is the Growth Management Plan (GMP), originally adopted by Ordinance NO. 89 -05. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two -phase process referred to as the Evaluation & Appraisal Report (EAR). The EAR evaluates the performance of the various Elements of the local government comprehensive plan since the previous EAR -based amendments. It assesses the successes and shortcomings of the various Goals, Objectives, and Policies included within the GMP and designates Objectives and Policies which need revisions, modifications or deletions. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. Ultimately, the Objectives and Policies designated for adjustment in the EAR become the basis of proposed amendments to the local government comprehensive plan, the second phase of the process. These EAR -based amendments, as reviewed by the Environmental Action Council (EAC) and Planning Commission (PC), and subsequently adopted by the BCC, after found in compliance with the Chapter 163, Part II, F.S., then become part of the Goals, Objectives and Policies of the GMP until the next EAR is prepared in seven years. The August 11, 2010 EAC - EAR workshop is a significant milestone within the process of developing a successful EAR. The workshop with the EAC and later in August the CCPC, allows for the advisory boards to review the staff evaluations of the GMP Elements, the comments received at the three Public Participation meetings, as well as the analysis of the major issues agreed upon by the County and the Department of Community Affairs. In conducting the EAR review, the EAC can provide direction to staff in regard to analysis and conclusions on all the issues germane to the GMP and the Goals, Objectives and Policies of the individual Elements. As noted, the adoption of the EAR is the first part of a two prong process, during which areas of the GMP are evaluated for their effectiveness and if appropriate designated for adjustment or change. The exact specificity of that change is not determined during this first prong of the process, only that a change is needed within the various Elements, Goals, Objectives, or Policies of the GMP. An additional point for consideration is that the August workshop will be followed by an October 18, 2010 EAC - EAR adoption hearing. The adoption hearing is where the modification and suggestions from the August workshop will be formalized into the EAR for adoption. Post adoption of the EAR by the BCC in January of 2011 is when the specifics of the changes called out for in the EAR are composed and refined through the GMP EAR amendment adoption process. The County will have eighteen months from the date or the EAR adoption by the BCC to adopt the changes designated by the EAR. Understanding this bifurcated process provides a clear direction for what is being asked of the EAC during the EAR workshop. Orsanization of the EAR: The 2011 EAR is organized into a single -bound report containing an introduction and three (3) major chapters. These chapters are: Chapter One — Public Participation & Issues Identified Chapter Two — Countywide Assessment Chapter Three — Evaluation of Major Issues Chapter One details the issues that were brought to the process from the public during the "Public Participation" portion of the EAR process. Chapter Two addresses required areas of analysis as required by Florida Statutes 163.3191., as well as the individual Elements of the GMP. Chapter Three evaluates the eight (8) major issues, as agreed upon between Collier County and the Florida Department of Community Affairs (DCA). Chapter Two — Countywide Assessment is the individual review of each Element and Sub - Element of the GMP and the Goals, Objectives and Policies that comprise each of those Elements or Sub - Elements. Chapter One and Chapter Three are both connected within Chapter Two. Within each Element reviewed within Chapter Two, staff has referenced Objectives and Policies that are directly related to Chapters One and Three. For example a public comment that is directly linked to Policy 1.6.1 of the Recreation and Open Space Element (ROSE) will be recognized within Chapter Two, as well as Chapter One. Additionally, Objectives and Policies that are directly related to a major issue will be specified within Chapter Three, as well as within the Element review contained within chapter Two. As described above the structure of the EAR inter - relates all of the chapters contained in the report. Based upon the scope of review for the EAC all GMP Elements and Sub - Elements were not provided within the EAC EAR books. To correspond with the area of concentration of the EAC, the Elements provided for within Chapter Two are the Conservation and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub - Element (NGWAR), the Drainage Sub - Element and the Future Land Use Element (FLUE). Under this same premise, four of the major issues are provided in Chapter Three; Climate Change, the Rural Fringe Mixed Use District, the Rural Lands Stewardship Area and Water Resource Protection. For the August I Ith EAR Workshop the agenda will program the review of those four Elements housed in Chapter Two, but based upon the inter - relationship between the Chapters, the discussion can and potentially will vacillate between the three Chapters. REQUESTED ACTION: Staff request that the EAC reviews the assessments arrived upon within the individual Elements presented in Chapter Two of the EAR workshop edition book and provide direction to staff upon the analysis provided and conclusion arrived upon for the individual Objectives and Policies of each Element presented. 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E — .. i ., R az I I I III I THE THIRD EVALUATION & APPRAISAL REPORT Table of Contents Section Pages Introduction i -xV Chapter One - Public Participation 1 -13 Chapter Two - County Wide Assessment Conservation & Coastal Management Element (COME) — Summary 1 -4 Conservation & Coastal Management Element 1 -93 Drainage Sub - Element — Summary 1 Drainage 1 -12 Natural Groundwater Aquifer Recharge Sub - Element — Summary 1 -2 Natural Groundwater Aquifer Recharge Sub - Element 1 -11 Future Land Use Element — Summary 1 -3 Future Land Use Element 1 -38 Chapter Three — Major Issues Water Resource Protection 1 -6 Rural Fringe Mixed Use District 1 -9 Rural Lands Stewardship Area 1 -9 Climate Change 1 -6 Collier County MI jok J- Introduction THE THIRD EVALUATION & APPRAISAL REPORT ON THE COLLIER COUNTY GROWTH MANAGEMENT PLAN INTRODUCTION AND SUMMARY L Introduction & Process In 1923 the Florida State Legislature created Collier County from a. portion of Lee county. Collier County is located on the southern gulf coast of the Florida peninsula, due west of the Miami -Ft. Lauderdale area. Naples, located in the western coastal area of Collier County, is the most populous of the three incorporated cities in Collier County. City of Marco Island, the second most populous incorporated city, is a barrier island located on the Gulf Coast directly south of Naples. Everglades City located southeast of Naples and the gateway to Ten Thousands Islands is the smallest of the three incorporated cities both in size and population. Collier County contains approximately 2,025 square miles of land area. The sub - tropical climate of Collier County enjoys an average annual temperature of approximately 75 degrees 'Fahrenheit, with January and June average temperatures of 67 and 82 degrees Fahrenheit, respectively. The County is bordered by five counties: Miami -Dade, Broward, Lee, Hendry and Monroe. Sara= eta Charlcitte land. n esc� t(a iGlacl�_- f =� -31m Beach Lee Her-idrki Ciolliar Drc•war,d Dade Collier County Government A five- member Board of County Commissioners, elected for terms of four years, governs Collier County. Each Commissioner is elected by and represents a particular district within the County. The Board of County Commissioners hires a County Manager, who oversees the County government departments and staff. It is the function of the County Manager's office to head the daily operations of the government in order to provide exceptional services to the citizens of and visitors to Collier County. Chapter 163, Part H, Florida Statutes, F.S., also known as the Local Government Comprehensive Planning Act, requires all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this` °° process, the local government must monitor changing conditions and must use this information to guide periodic amendments to the local comprehensive plan. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two -phase process. It begins with the preparation, by the local government, of an Evaluation & Appraisal Report (EAR). The EAR evaluates the performance of the various Elements of the local government comprehensive plan since the previous EAR -based amendment process. It assesses the successes and failures of the various Goals, Objectives, Policies and programs included within the local comprehensive plan and provides recommendations for necessary changes. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. Ultimately, the recommendations contained in the EAR become the basis of proposed amendments to the local government comprehensive plan. These EAR -based amendments, as adopted by the local governing board and found in compliance with the Chapter 163, Part H, F.S., then become part of the Goals, Objectives and Policies of the local plan until the next EAR is prepared in seven years. Collier County's first EAR was prepared and adopted by the Board of County Commissioners on July 16, 1996. The subsequent EAR -based amendments were adopted on October 18, 1997. The second EAR was prepared and adopted by the Board of County Commissioners on July 27, 2004. The subsequent EAR -based amendments were adopted on July 28, 2006. This third EAR reviews the performance of Collier County's Growth Management Plan (GMP) from July, 2004 to July, 2010. *Note: "Collier County Growth Management Plan" is the adopted title for the Comprehensive Plan as cited in Chapter 163, Part II, F.S. The two terms are in common use throughout this EAR and are interchangeable. E.A.R. Requirements As required by Section 163.3191 F.S., the EAR must address the following aspects of the GMP: 1. The planning program shall be a continuous and ongoing process. Each local government shall adopt an evaluation and appraisal report once every 7 years assessing the progress in implementing the local government's comprehensive plan. Furthermore, it is the intent of this section that: (a) Adopted comprehensive plans are reviewed through such evaluation process to respond to changes in state, regional, and local policies on planning and growth management and changing conditions and trends, to ensure effective intergovernmental coordination, and to identify major issues regarding the community's achievement of its goals. (b) After completion of the initial evaluation and appraisal report and any supporting plan amendments, each subsequent evaluation and appraisal report must evaluate the comprehensive plan in effect at the time of the initiation of the evaluation and appraisal report process. (c) Local governments identify the major issues, if applicable, with input from state agencies, regional agencies, adjacent local governments, and the public in the evaluation and appraisal report process. It is also the intent of this section to establish minimum requirements for ii information to ensure predictability, certainty, and integrity in the growth management process. The report is intended to serve as a summary audit of the actions that a local government has undertaken and identify changes that it may need to make. The report should be based on the local government's analysis of major issues to further the community's goals consistent with statewide minimum standards. The report is not intended to require a comprehensive rewrite of the elements within the local plan, unless a local government chooses to do so. (2) The report shall present an evaluation and assessment of the comprehensive plan and shall contain appropriate statements to update the comprehensive plan, including, but not limited to, words, maps, illustrations, or other media, related to: (a) Population growth and changes in land area, including annexation, since the adoption of the original plan or the most recent update amendments. (b) The extent of vacant and developable land. (c) The financial feasibility of implementing the comprehensive plan and of providing needed infrastructure to achieve and maintain adopted level -of- service standards and sustain concurrency management systems through the capital improvements element, as well as the ability to address infrastructure backlogs and meet the demands of growth on public services and facilities. (d) The location of existing development in relation to the location of development as anticipated in the original plan, or in the plan as amended by the most recent evaluation and appraisal report update amendments, such as within areas designated for urban growth. (e) An identification of the major issues for the jurisdiction and, where pertinent, the potential social, economic, and environmental impacts. (f) Relevant changes to the state comprehensive plan, the requirements of this part, the minimum criteria contained in chapter 9J -5, Florida Administrative Code, and the appropriate strategic regional policy plan since the adoption of the original plan or the most recent evaluation and appraisal report update amendments. (g) An assessment of whether the plan objectives within each element, as they relate to major issues, have been achieved. The report shall include, as appropriate, an identification as to whether unforeseen or unanticipated changes in circumstances have resulted in problems or opportunities with respect to major issues identified in each element and the social, economic, and environmental impacts of the issue. (h) A brief assessment of successes and shortcomings related to each element of the plan. (i) The identification of any actions or corrective measures, including whether plan amendments are anticipated to address the major issues identified and analyzed in the report. Such identification shall include, as appropriate, new population projections, new revised planning timeframes, a revised future conditions map or map series, an updated capital improvements element, and any new and revised goals, objectives, and policies for major issues identified within each element. This paragraph shall not require the submittal of the plan amendments with the evaluation and appraisal report. (j) A summary of the public participation program and activities undertaken by the local government in preparing the report. (k) The coordination of the comprehensive plan with existing public schools and those identified in the applicable educational facilities plan adopted pursuant to s. 1013.35. The assessment shall address, where relevant, the success or failure of the coordination of the future land use map and associated planned residential development with public schools and their capacities, as well as the joint decision - making processes engaged in by the local government and the school board in regard to establishing appropriate population projections and the planning and sitting of public school facilities. For those counties or municipalities that do not have a public schools interlocal agreement or public school facilities element, the assessment shall determine whether the local government continues to meet the criteria of s. 163.3177(12). If the county or iii municipality determines that it no longer meets the criteria, it must adopt appropriate school concurrency goals, objectives, and policies in its plan amendments pursuant to the requirements of the public school facilities element, and enter into the existing interlocal agreement required by ss. 163.3177(6)(h)2. and 163.31777 in order to fully participate in the school concurrency system. (1) The extent to which the local government has been successful in identifying alternative water supply projects and traditional water supply projects, including conservation and reuse, necessary to meet the water needs identified in s. 373.0361(2)(x) within the local government's jurisdiction. The report must evaluate the degree to which the local government has implemented the work plan for building public, private, and regional water supply facilities, including development of alternative water supplies, identified in the element as necessary to serve existing and new development. (m) If any of the jurisdiction of the local government is located within the coastal high - hazard area, an evaluation of whether any past reduction in land use density impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The property rights of current residents shall be balanced with public safety considerations. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the actual built density in existence on the property prior to the natural disaster or redevelopment. (n) An assessment of whether the criteria adopted pursuant to s. 163.3177(6)(a) were successful in achieving compatibility with military installations. (o) The extent to which a concurrency exception area designated pursuant to s. 163.3180(5), a concurrency management area designated pursuant to s. 163.3180(7), or a multimodal transportation district designated pursuant to s. 163.3180(15) has achieved the purpose for which it was created and otherwise complies with the provisions of s. 163.3180. (p) An assessment of the extent to which changes are needed to develop a common methodology for measuring impacts on transportation facilities for the purpose of implementing its concurrency management system in coordination with the municipalities and counties, as appropriate pursuant to s. 163.3180(10). Organization of the EAR The 2011 EAR is organized into a single -bound report containing an introduction and three (3) major chapters. These chapters are: Chapter 1 — Public Participation & Issues Identified i_'�nr�tor 7 %'nnnt�nvi rlA 0 ccaccmant V+11Ui./LVL L a VVUll I,' VV1UlJ 11J 101.11 V.. 11L Chapter 3 — Evaluation of Major Issues Chapter 1 details the issues that were brought to the process from the public during the "Public Participation" portion of the EAR process. Chapter 2 addresses required areas of analysis as required by Florida Statutes 163.3191, as well as reviews of the individual GMP elements. Chapter 3 evaluates the seven (7) major issues, as agreed upon between Collier County and the Florida Department of Community Affairs (DCA). IV Schedule Completed Tasks To -Date: On August 26, 2009, County staff attended a workshop, at the offices of the Southwest Florida Regional Planning Council, in North Fort Myers to meet with DCA representatives and representatives from other state and regional agencies to discuss the EAR process, learn of issues considered important by the DCA staff, and to learn how neighboring local governments intended to respond to issues identified by the State. • On September 8, 2009, Comprehensive Planning hosted an EAR intergovernmental meeting. The meeting offered an opportunity to fellow staff from local City agencies to identify and discuss areas of concern with respect to intergovernmental items or issues common to fellow governments. In addition, this meeting provided an opportunity to discuss sharing data, to discuss new data that must be generated, and the analysis necessary to address those issues identified as outdated, problematic, or where compliance has not occurred or is no longer practical. • On November 24, 2009 the County's Draft Letter of Understanding was submitted to the DCA. The County and the DCA agreed to the Final Letter of Understanding on December 4, 2009. On December 15, 2009, at their regular scheduled public hearing, the Collier Board of County Commissioners approved the Letter of Understanding between the County and DCA. • On January 25, 2010, the County held its first EAR public participation meeting at the North Naples Regional Park. • On February 23, the County held its second EAR public participation meeting at the University of Florida/Collier County Agricultural Extension Office. • On March 15, 2009, the County held its third and final public participation meeting at the Collier County main government complex. • The varied locations of the three public participation meetings were designed to provide opportunity to participate in the EAR process to the greatest possible number of citizens. In conjunction with the public participation meetings, Comprehensive Planning staff coordinated the preparation of the EAR with other County agencies, while gathering and analyzing data to be used in the report. • From January 2010 through July 2010, staff finalized the various sections of the Report. • On August 11, 2010, the Environmental Action Council (EAC) will hold an EAR workshop at the Collier County main government complex. • The Collier County Planning Commission (CCPC) will hold EAR workshops on August 25, 27 and 30, 2010. The public discussions at these publically noticed workshops will form the basis for a number of modifications to the report. • Collier staff will provide the EAR workshop report to the DCA and various state agencies for a courtesy review. VA • The EAC will hold its adoption public hearing on October 18, 2010. • The CCPC will hold its adoption public hearing for the EAR on December 7 and 8, 2010. The BCC will hold its adoption hearing on January 31, 2011. • The adopted EAR is being submitted to the DCA and the various review agencies after changes approved by the BCC at its January 31, 2011 public hearing have been incorporated into this EAR. • Upon receiving the County's adopted EAR, the DCA will commence review of the report for sufficiency with Chapter 163.3191. The tentative date for the DCA's Sufficiency Letter determination is on or about April 27, 2011. Before progressing to the individual assessments of the objectives and policies of G'NIP and analysis of the identified major issues for the 2011 EAR, the County would like to provide a brief description of long range planning efforts undertaken since the date of the last EAR effort. These described efforts were /are designed to improve the effectiveness of the GMP in attaining its stated goals within its various elements. Horizon Study The East of County Road 951 Infrastructure and Services Horizon Study was a five year long planning effort to assess the County's ability to accommodate growth within the County's rural eastern portion. Prior to the initiation of the Study, the regulatory framework for growth in the eastern portion of the County was established with the adoption of the Rural Fringe Overlay and the Rural Lands Stewardship Area Overlay within the Growth Management Plan (GMP). The Overlays were the regulatory solutions arrived upon by the County and the state in response to Final Order No. AC99- 002. With the framework for growth in place and the consistent population increases in the 1990's and the first three years of this decade, the Collier Board of County Commissioners at its June 29, 2004 meeting recognized the need for a comprehensive, long range planning effort to evaluate the county's fiscal ability to accommodate growth permitted by the newly adopted regulations within the area East of County Road 951. A strong emphasis was placed on the County's ability to provide the potential necessary capital infrastructure and services while maintaining the financial feasibility as set forth in the level of service standards contained within the Capital Improvements Element (CIE) and the Annual Update and Inventory Report (AUIR). To accomplish the task, the Horizon Study was separated within two Phases. The first phase, the Horizon Study Preliminary Report, was an effort of estimating rile cost of providing infrastructure and services for the amount of growth our adopted regulations would permit. The Comprehensive Planning Department with the "2005 Build -Out Study" provided a projection of the maximum number of persons that the GMP would allow for the County and in particular, the portion east of CR951. From the population projections, the Study attempted to allocate cost associated with the projected infrastructure and services outlay to serve that population, based upon existing levels of service. Those infrastructure providers included: Transportation, Public Utilities, Parks, Schools, Stormwater Management, Libraries, Emergency Medical Services, the Fire Districts and the County's Chapter 189 Districts. The first phase, Preliminary Report was a twenty -four (24) month long assessment that developed three levels of potential infrastructure and service provision scenarios from the various infrastructure and service providing divisions /departments throughout the vi County to satisfy the projected population. The Preliminary Report was presented to the BCC at a May 24, 2006 workshop. At the May 24, 2006 workshop, the BCC after hearing the presentation of the Preliminary Report and the three levels of potential infrastructure and service outlay, directed for the second phase of the Study to gain insight from the property owners of the Study. Moreover, the intention of the planning effort was to better understand how the property owners in the area East of County Road 951 viewed the potential growth within the study area, and how those residents felt that growth could best affect the levels of service for governmental infrastructure and service providers. To direct the second phase of the Study, the BCC created the Horizon Study Public Participation Master Committee. The East of CR951 Horizon Study Public Participation process, steered by the Public Participation Master Committee was a 23 month long process of public presentations designed to inform the general public of the specifics of the provisions of the various infrastructure and service providers, while professionally polling and soliciting input from the residents of the Study area in relation to their perspectives related to those identified potential growth outlays and the cost identified within the first Phase. As part of the public participation process, the Master Committee held two successive meetings to discuss the issue of Transportation planning. Like all components of the Preliminary Study, the Transportation component provided a working meeting to the Committee, which was held in Immokalee, and a public participation meeting. These meetings were held in December 2007, and January 2008. It was during these interactions between the Master Committee and the Transportation Department that the need for a Bridge Study materialized. As part of the discussions with the Transportation planning staff, the concept of increasing the mobility within the Golden Gate Estates through a series of strategically placed bridges resurfaced. During the 2003 update of the Golden Gate Area Master Plan, the concept of bridging strategic locations within the Subdistrict was promoted. These direct conversations between the Master Committee and Transportation initiated the Golden Gate Estates Bridge Study, which was designed to identify the prioritized locations for bridges which would provide the greatest benefit to overall system capacity. This specific effort will greatly enhance the county's effort in response to House Bill 697 and will contribute to reductions in overall vehicle miles traveled (VMT), as well as green house gas (GHG) emission reductions. In addition to the Bridge Study, the public participation portion of Phase II was comprised of the development of the Collier County Interactive Growth Model (CIGM). At the inception of the East of CR951 Study, the BCC issued a policy directive that the study would not include a land use component. The intent behind the directive was that future land use changes should not be the impetus behind analyzing infrastructure needs in the area east of CR951. Although this intent was fundamentally sound in concept, generally accepted planning practices and principles recognize the need to 'link land use planning with transportation planning and other infrastructure needs. Based upon this recognition, at the May 24, 2006 hearing of the Preliminary Report, the BCC directed staff to enter into a contract with Van Buskirk, Ryffel and Associates to initiate the development of a land use modeling tool, the Collier Inter - Active Growth Model (CIGM). The CIGM was designed to spatially allocate projected population to assist with the timing and locational decisions related to infrastructure and service provisions. On January 13, 2009, the BCC officially adopted the CIGM as an additional planning tool. The resulting byproduct of the Horizon Study was /is: 1. An approved framework of position points established through the public process in regard to level of service preferences regarding the infrastructure and service provisions for the County's vii eastern rural area. These Position Points are expected to be utilized as a factor for consideration by the BCC as they are evaluating land use decisions and policies within the Study area. 2. The developed Collier County Inter - Active Growth Model (CIGM), which will assist in determination of efficient locational decisions for infrastructure and service locations. It should also be noted that the CIGM has been utilized by Comprehensive Planning as an additional tool to evaluate market demand for amendments to the GMP. The CIGM has and is being utilized by the County to evaluate the appropriate land use mix for the Eastern portion of the County as new Towns and Villages are proposed within the Rural Fringe District and the Rural Lands Stewardship Area Overlays and identify inefficiencies /deficiencies within the proposed land use allocation for the Eastern portion of the County. 3. The Horizon Study Oversight Committee, created by The BCC at their January 13, 2009 Public Hearing to ensure staff was maintaining and utilizing the CIGM in the most efficient and effective manner. 4. The Golden Gate Bridge Study was approved by the BCC at their January 13, 2009 Public Hearing and as funds become available the Bridge Study will establish the prioritization of locations for system improvements. The improvements or new bridge locations are designed to provide for a reduction in overall trip lengths within the Golden Gate Estates. A final long range planning effort was initiated in collaboration with the Horizon Study and the RLSA 5 -year Review Committee work, the Master Mobility Plan. That effort is currently on -going and will be described at the clatter portion of the Introduction. Rural Lands Stewardship Area Overlay 5 -Year Review Committee Collier County adopted the RLSA Overlay in the Land Development Code (LDC) as Section 4.08.00 on January 30, 2004 as the implementing regulation for the Growth Management Plan amendments known broadly as the "Rural /Eastern Lands Amendments" which were developed in response to Administration Commission Final Order No. AC99 -002, which required a "Rural and Agricultural Assessment" and subsequent adoption of the Growth Management Plan amendment based upon that assessment. The BCC established the Rural Lands Stewardship Area Review Committee per Policy 1.22 of the RLSA Overlay, which required a Five -Year Review of the RLSA. Accordingly, the BCC established the ad hoc Rural Lands Stewardship Area Review Committee (Committee) by Resolution Number 2007 -305A on October 24, 2007, and provided the Committee with the following functions, powers and duties: 1. "Review data concerning the participation and effectiveness in the Overlay meeting the Goal, (11,;0 0 or. l A..1; ;Aa the a Future a A T T Element of the Growth Management vv�ective, anCIL OI.c.cs in t e � utare Lan,. � se E , .... �.� , . Plan. 2. Review the RLSA Overlay and make recommendations to increase the effectiveness of the Overlay. 3. Assist in determining the most effective venues and dates to hold public presentations; and 4. Assist in promoting public interest in the review process." On May 27, 2008, the BCC approved the "Phase I- Technical Report" (41 of functions, powers, and duties of the Committee). The "Phase I- Technical Report" was a review of data concerning the participation and effectiveness in the Overlay meeting the Goal, Objective, and Policies in the Future Land Use Element of the GMP which is required by Policy 1.22 of the RLSA Overlay. The "Phase I- Technical Report" was presented and responded to by the Collier County Planning Commission viii (CCPC) and the Environmental Advisory Council (EAC) prior to presentation to the BCC. On May 27, 2008, the "Phase I- Technical Report" of the Committee was brought before the BCC, accepted by the BCC, and forwarded to the Department of Community Affairs (DCA) for its records in accordance with the directive contained in Policy 1.22 of the RLSA. While Phase I was the technical report on the programs accomplishments to date, the Committee also generated a Phase II report which provided an assessment of the policies of the RLSA and potential amendments to those policies to increase their effectiveness. The Phase II report was generated over the course of twenty public meetings between March 4, 2008 and December 18, 2008. The BCC on December 2, 2008 provided direction to staff to facilitate the review of the Committee's Phase II report before both the CCPC and the EAC. Accordingly, a combined total of eleven (11) public meetings were held (6 CCPC public meetings and 5 EAC public meetings) between January 28 and March 10, 2009 of which a total of 8 were public hearing dates before the CCPC (January 28 & 30, February 5, 20, & 26) and the EAC (January 29, February 5 & 27). During these public hearings the public was encouraged to speak concerning the Report. All meetings of the CCPC and EAC were properly noticed public meetings, recorded with minutes taken, and most meetings were televised. On January 6, 2009 the Committee issued its original 2- volume "Five -Year Review of the Rural Lands Stewardship Program" Report which includes the following: a. Volume 1 of the Report contains the approved "Phase I- Technical Report" (to the BCC on May 27, 2008), as well as the "Phase II -RLSA Overlay" review and recommendations; and b. Volume 2 of the Report contains the major appendices and support documentation which the Committee considered when forming and finalizing its recommendations to the BCC. Prior to its issuance of the original January, 2009 Final Report, the Committee held a series of public meetings between November, 2007 and January 6, 2009 and received and reviewed information provided by experts, heard from representatives of several organizations and individuals and summary minutes and taped recorded documents were developed and maintained for public record. Most of the Committee meetings were held in the Community Development and Environmental Services building, while several of the meetings were held at both the new Town of Ave Maria and at the North Collier Regional Park. These meetings led to the preparation of the Phase I and Phase II Reports. Most meetings were well attended with audience attendance /participation usually ranging between 15 and 30 persons. All persons were given an opportunity to speak and/or present information. There are no time specific requirement in the GMP RLSA Goal, Objective and Policies that any amendments to the RLSA Overlay be made, but the Committee did arrive upon a list of modifications to the program based upon the Original Report. It should be noted that the proposed amendments to the RLSA Overlay were /are Committee - driven. At the time proposed amendments to the RLSA Ovi -rlav of the CiMP have not been substantively reviewed by Staff for sLj ffi_riPnnV rnmtnleteness, supporting data and analysis, proper "wordsmithing ", and consistency with the GMP, Florida Statutes, and Florida Administrative Code. Moreover, the Committee was aware that not all of the data and analysis to support the amendments has been completed. The extensive two year review of the RLSA Overlay will form the basis of the EAR review and analysis of the Overlay, which is specified as major issue #7 within the letter of understanding between the County and DCA. Adoption of the Ten -Year Water Supply Plan In anticipation of the rapid population growth and increasing water demands facing the State, and the potential threats to both the economy and natural resources, the Legislature amended the Florida Water Resources Act (Chapter 373, F.S.) in 1997. The amendment required the five water management ix districts to initiate regional water supply planning in all areas of the State where reasonable anticipated sources of water were deemed inadequate to meet year 2020 projected demands. The purpose of water supply planning is to develop strategies to meet future water demands of urban and agricultural uses, while meeting the needs of the environment. This process identifies areas where historically used sources of water will not be adequate to meet future demands, and evaluates several water source options to meet the shortfall. As mandated by Florida water law, each regional water supply plan is based on at least a 20 -year future planning horizon, and a complete update of each plan is required every five years. The South Florida Water Management District (SFWMD) has developed a long -term comprehensive regional water supply plan update for its planning area. Collier County is within the Lower West Coast Water Supply Plan. Previous water supply plans for the Lower West Coast were completed in February 1994 (planning horizon 2010) and April 2000 (planning horizon 2020), which the County utilized to develop its 2002 Water Master Plan Update. The most recent water supply plan update is the 2005- 2006 Lower West Coast Plan Update that has a planning horizon of 2025. In 2002 the Legislature expanded the local government comprehensive plan requirements, known as Chapter 163 of the Florida Statutes, to strengthen coordination of water supply planning and local land use planning. One of the most significant requirements was a Ten -Year Water Supply Facilities Work Plan in order to project the local government's needs for at least a 10 -year period, identify and prioritize the water supply facilities and sources of water that will be needed to meet those needs, and include in the local government's Five -Year Schedule of Capital Improvements the capital improvements identified as needed for the first five years. To date, the County's Water Master Plan has been considered the County's official plan for water capital improvements and the basis for the 5 -year Capital improvement Schedule contained in the Capital Improvement Element. Lower West Coast Planning Area Map -T r t 1 J11 i �s C:r!tL�L'K Y:. "as�� sa.nwK VC. On February 25, 2003 the Board of County Commissioners adopted an update to the County's 2001 Water Master Plan, to provide an integrated approach for meeting the projected water system demands up to the year 2022. The "2002 Water Master Plan Update" provided for comprehensive overview of the entire water system, including emergency systems, water demand projections and demands and proposed conservation and reclaimed water projects, and provided a plan for future water supply and infrastructure needs to meet the requirements of growth, infrastructure renewal, replacement and enhancement over a course of five years. This plan utilized population projections prepared by the Collier County Comprehensive Planning Department that were approved at that time by the Florida Department of Community Affairs (DCA) and accepted by the SFWMD. Water demands were provided at five -year increments to be consistent with the 2000 Lower West Coast Regional Water Supply Plan. The 2002 Water Master Plan Update formed the foundation for the proposed County's Ten -Year Water Supplies Facilities Work Plan. During the State of Florida's 2005 legislative session, lawmakers revised state water law to include a new statutory provision. Local governments within the Lower West Coast Planning Area are required to prepare a Ten -Year Water Supply Facilities Work Plan that identifies water supply projects, and adopt revisions to comprehensive plans within 18 months following the approval of the 2005 -2006 Lower West Coast Water Supply Plan Update. On January 25, 2007, as part of the 2004 EAR -based amendments, and in preparation of the anticipated Ten -Year Water Supply Facilities Work Plan, Collier County adopted language to coordinate water supply planning with SFWMD. Modifications of various Goals, Objectives and Policies (GOPs), as required by these legislative actions, were addressed through the GMP amendment to the Potable Water Sub - Element, Conservation and Coastal Management Element and the Intergovernmental Coordination Element. The amendments referenced the 2002 Water Master Plan Update and any subsequent updates as the appropriate document for the County's water supply planning. On February 24, 2009, the County adopted the Ten -Year Water Supply Facilities Work Plan. The plan, and any subsequent updates, is the County's appropriate document for water supply planning. Floodplain/Watershed Management Plans Beginning in 2004, Collier County developed its initial Floodplain Management Plan (FMP) as a part of its participation in the National Flood Insurance Program's Community Rating System (CRS). The FMP was incorporated into the County's overall Hazard Mitigation Plan. In 2006, Collier County established a Floodplain Management Planning Committee (FMPC) under the direction of the County Manager. The purpose of the FMPC was to provide input into updates to the FMP and annually review tiie F 1viP Action Plan tvr coimipietion of the action iteiiiS. 11nnieuiatcly upon tiic estabiisluilent of the FMPC, the County initiated a rewrite of the FMP to better address the requirements identified by FEMA in the CRS Coordinator's Manual. That rewrite was completed by late 2007 and the new FMP was adopted by the Board of County Commissioners in December 2007. The FMPC typically meets once a month. Throughout the year the FMPC reviews progress being made on the FMP action plan items, discusses desired floodplain management program ideas, and has been working on development and approval of a new Flood Damage Prevention Ordinance to comply with current Federal Emergency Management Agency (FEMA) requirements. In addition to floodplain management as directed through the National Flood Insurance Program, the County has also committed to development of watershed management plans to address water resource issues (rainfall, runoff, flooding, water use, water quality, natural system needs, impacts of new xi development, correcting existing problems, etc.). That work started in 2007 with the establishment of a dedicated budget for development of the watershed management plans. A consultant was hired to assist staff in laying out a framework of activities that needed to be accomplished, and the interlinking of these activities as subsequent consultants were hired to accomplish the work by the end of 2010. Initial work began with contracting for a unified aerial topographic mapping of the County (this did not include the vast area of the Big Cypress National Preserve east of SR -29 which is all federal land and not subject to change from development interests) using Light Detection and Ranging (LiDAR). Coupled with that was the development of a detailed computer model of the vast network of publicly operated drainage facilities. This modeling was coordinated with the South Florida Water Management District by using their existing model as the starting model and providing more detail, coupled with the new LiDAR topography, and updated land use. The County hired a consultant firm to accomplish this work, and they are currently working on the modeling. The result will be an analysis of the existing conditions, and development of alternatives to address the identified problems as well as look toward the impacts of future development potential to ensure that additional problems are not created. The process of developing the watershed management plans includes extensive coordination with other local and state agencies along with the public through periodic public meetings. Energy Audit and Greenhouse Gas Inventory Report & Rebuilding Collier's Energy Use Task Force The report presented the results of an energy use /greenhouse gas inventory for Collier County, for calendar year 2007, an accounting of both energy use and the amounts and sources of emissions of greenhouse gases (GHG) for the community as a whole, encompassing the area within the County limits, with a detailed look at Collier County government operations. Results are presented in terms of standard GHG units, but their magnitudes directly reflect the relative importance of differing forms of energy use in the County. The purpose of the inventory was to better understand the ways the County utilized energy so that effective policies and programs could be implemented to reduce costs and environmental impact. Additionally, the inventory provides a baseline against which future energy use and emissions reductions can be measured. The project was funded by Collier County Audubon Society, The Conservancy of Southwest Florida and National Audubon's TogetherGreen grant program and utilized the software and protocol provided by ICLEI, the International Council of Local Environmental Initiatives. The three primary motivations for the Energy Audit Report were: 1) Understanding patterns of energy use can lead to saving residents /taxpayers money. I It is widely accepted that fossil fi,:el energy iuse contributes to global climate change, the extent of which will be critical for low lying regions like Collier County. Assessing and reducing emissions demonstrates responsibility to present and future residents. 3) Increasing numbers of state and federal programs (and grant opportunities) require municipalities to address climate change. By following the established ICLEI protocol, Collier County joins twenty four communities in Florida and hundreds nationwide willing to take action and thus demonstrate responsibility and accountability. The report provided specific recommendation recommendations and next steps for County as follows: 1) Establish the following reduction targets: 10% by 2020, 20% by 2030, and 50% by 2050. Xii 2) Collate a summary of the baseline inventory, all energy savings related projects, together with additional programs (including -but not limited to those described below) into a comprehensive Collier County Climate Action Plan. Identify within the plan how GHG reduction measures tie into other County and regional efforts (such as the Master Mobility Plan, Coastal Management Plans and Land Development Codes). Include an assessment of the impacts of climate change and energy management in existing plans and codes to ensure the County anticipates and budgets properly for all potential changes in Collier County through at least the next forty years. 3) Pursue the LFGTE project along with other waste management projects. 4) Continue government based work: i) building energy retrofits, ii) street lighting replacements to high efficiency bulbs, iii) alternative fuel vehicles, and iv) promote the commuter services program. 5) Continue the community focused transportation programs such as traffic signal optimization. 6) Establish new community oriented programs to include: i) a community focused `Be Green when Green makes Cents" program, or equivalent and ii) a Green Business Program. (Additional programs could be described within in the planned Master Mobility Plan and potentially be funded through additional grant monies or other sources). 7) Carry out an energy use /greenhouse gas emissions re- inventory in 3 -5 years to measure progress. The Energy Audit was presented to and accepted by the Board of County Commissioners in November of 2009. While the Board did not provide wholesale acceptance of all of the recommendations contained in the report, the Board did, based upon the acceptance of the Report, create the Rebuilding Collier's Energy Use Task Force. The purpose of the Task Force is to explore the recommendations contained within the Report and bring suggestions back to the Board on the means to accomplishing the energy efficiencies contained in the Report. The work of the Task Force is on -going at the time of authoring this report. In June of 2010, the Task Force began discussions with the Board regarding the development of a program to green up energy use at homes and businesses throughout the County. The program the Task Force envisions would take advantage of legislation called Property Assessed Clean Energy (PACE), signed by Gov. Crist in May 2010. PACE sets out a financing mechanism for local governments to create a pool of money homeowners and businesses can tap for projects from electric car chargers to energy efficient windows. Other possible uses for the money include insulation upgrades, solar panels, wind turbines and energy efficient air conditioning. The full specifics and applicability of the program were still in the development stage by the Task Force at the time of authoring this report, but the PACE program and other M11111ar effviiS to increase energy efficiency within the County are expected based on the Task Force's work within the Energy Audit. The future recommendations of the Task Force, once approved by the Board are expected to intertwine with the regulatory environment of the County. Master Mobility Plan The purpose of the Master Mobility Plan (MMP) is to guide the need and location of land use, public services (libraries, EMS, schools, etc), multi -modal transportation and various infrastructures while protecting environmentally sensitive land, habitat and agricultural land with the primary objective of reducing Vehicle Miles Traveled (VMT), as the County progresses to build -out. The Board of County Commissioners on July 28, 2009, provided approval to staff to seek a grant under the Energy Xiii Efficiency and Conservation Block Grant (EECBG) Program, which were funds made available for the first time under the American Recovery and Reinvestment Act of 2009. The County received the EECBG grant on September 8 th and the BCC approved the grant on September 29�h. The MMP is intended to be a concise and practical plan that will manage growth in a sustainable, financially feasible and environmentally responsible manner. It is anticipated that the plan will be developed within a 24 month time frame. In addition, implementation of certain sub elements of the plan such as local street network connectivity, signal timing and other projects that reduce greenhouse gases and VMT will be initiated during the development of the MMP. This plan will inherently allow for flexibility through the development and integration of Growth Management Plan goals, objectives and policies as well as Land Development Code criteria that will help accomplish the following: I . Provide needed infrastructure and reduce redundancies by the establishment and incorporation of an Infrastructure Master Plan with the goal of reducing the VMT. 2. Strategically locate public services as well as private residential, commercial and industrial development by the establishment and incorporation of a Land Use Master Plan with the goal of reducing the VMT. 3. Incorporate multi-modal transportation alternatives by the establishment and implementation of a Mobility Master Plan with the goal of reducing the VMT. 4. Preserve environmentally sensitive land, habitat and agricultural land by the establishment and incorporation of a Wildlife Crossings and Habitat Preservation Master Plan 5. Secure MOU's (Memorandum of Understanding) that define, validate and document the commitments and expectations of Collier County Government and the primary stakeholders and agencies. The development and implementation of the MMP will result in job creation, job retainment, a measurable reduction of fossil fuel consumption and less impact to the environment caused by future growth. The MMP will help guide Collier County through its next phase of growth efficiently and effectively. The investment in transportation, environmental protection, and other infrastructure will provide long-term economic and envirom-nental benefits. Mobility investments and subsidies are justified in that they will promote financial feasibility by: 1. Increasing and improving cost-effective, environmentally responsible mobility options. 2. Result in more cost effective transportation facility and service investments. 3. Increase transport system efficiency (reduces total costs or increase total benefits). Ppiiiii-;na r�-,zmir P vnztz ziirh q the _Pmoun. of fuel consumed ner linit nf tr -mort- qnd --c- t the amount of land devoted to transport facilities. 5. Significantly reduce VMT. The savings that results when motorist reduce mileage are widely distributed throughout the economy. The Planning Objectives for the plan are: Congestion Reduction, Parking Costs Savings, Facility Cost Savings, Consumer Cost Savings, Reduced Traffic Accidents, Improved Mobility Options, Energy Conservation, Pollution Reduction, Physical Fitness & Health, Land Use Objectives and Community Livability The MMP project scope is detailed below: xiv 1. Build databases and GIS maps of existing and proposed stakeholder plans (utility, parks, fire, protection overlays, etc.). 2. Prepare Infrastructure Master Plan 3. Prepare Land Use Master Plan 4. Prepare Mobility Master Plan 5. Prepare Wildlife Crossings and Habitat Preservation Master Plan 6. Secures MOU's 7. Incorporate recommendations /changes resulting from public workshops into Draft Vision Plan Map. 8. Conduct evaluation of effects of vision plan/land use scenario (placement of public services) on transportation plan. 9. Document results of evaluation stating benefits and disadvantages. 10. Prepare Draft Vision Plan Report. 11. Submit Draft Vision Plan Report to Collier County for review. 12. Incorporate County staff revisions and recommendations into Final Draft Vision Plan Report. 13. Provide support to County staff for presentations to CCPC and BOCC. 14. GMP Recommendations 15. Final Map Set 16. MOU's signed By the time of this transmittal of the EAR in January 2011, the MMP will be 14 months into development and the conclusion of the planning effort is fully expected to result in a number of amendments to the GMP and the Land Development Code directly related to the reduction of vehicle miles traveled and the corresponding green house gas reductions. Conclusion Each of these efforts have been highlighted near the beginning of the EAR document to demonstrate the County's ,efforts and undertakings to gain increased efficiency within the co- ordination of future private development, public expenditures, environmental protections and diverse broad based land use allocations. A number of the lessons learned from these past and on -going efforts have influenced and shaped this EAR report and have identified areas where the GMP could be amended to better accomplish the goals, objects and polices contained within. The premise of everyone of the County's efforts addressed within this section have been motivated by the same base motivation as the EAR process, to ensure that the regulator environment provided for within the Collier Growth Management Plan, is one that provides the County's citizens, businesses and natural systems the greatest chance at long term sustainability. xv Chapter One P ublic Participation Chapter One — Public Participation Engaging the public in the evaluation and appraisal of the Comprehensive Plan is challenging. While County staff undertook several specific exercises to obtain input and feedback from stakeholders, public outreach and involvement is really a full -time, year -round activity, requiring the planner to continually be listening in all forums and settings, not just those devised for the EAR. Described below are the specific events used to gain input and insight into the long term desires of the County's citizens, business community, educators, regulatory agencies, etc. In addition to these activities which were specific to the EAR, several other methods of obtaining input into the evaluation and long range planning process were described within the introduction section of the EAR. EAR Kick -off Meeting at the Southwest Regional Planning Council On August 26, 2009, County staff attended a workshop, at the offices of the Southwest Florida Regional Planning Council, in North Fort Myers to meet with DCA representatives and representatives from other state and regional agencies to discuss the EAR process, learn of issues considered important by the DCA staff, and to learn how neighboring local governments intended to respond to issues identified by the State. Inter - Governmental Kick -off Meeting On September 8, 2009, Comprehensive Planning hosted an EAR intergovernmental meeting. The meeting offered an opportunity to fellow staff from local City agencies to identify and discuss areas of concern with respect to intergovernmental items or issues common to fellow governments. In addition, this meeting provided an opportunity to discuss sharing data, to discuss new data that must be generated, and the analysis necessary to address those issues identified as outdated, problematic, or where compliance has not occurred or is no longer practical. Meetings with County Departments Early on in the EAR development process, planning staff met individually with most of the County Departments. For the entire "life" of the County's Comprehensive Plan, most of the County Departments have been actively involved in the front end of the planning process, including in the development of policies, as well as in implementing the actions, programs and projects that fall out of the Plan. It is the ongoing involvement at all levels of County operations in the comprehensive planning process that have resulted in a Plan that is meaningful and realistic, and can be effectively implemented. Although a formal meeting was arranged with each Department early in EAR development, in actuality, the coordination and collaboration is constant and ongoing. In many cases, Departments have recommended specific amendments to the Comprehensive Plan. Co- ordination with Other Agencies Staff interacted with the Southwest Florida Water Management District (SWFWMD) concerning their expectations for the County's EAR. Overall, SWFWMD's big areas of concern for Collier County fell under the heading of Water Resource Protection and Climate Change. For Water Resource Protection, the subject areas highlighted by the District were: flood protection and water quality, vulnerability of 1 Public Participation potable water supply to contamination and demand rate for water supply projects. Under the heading of Climate Change, strategies to protect water supplies and potential saltwater intrusion were highlighted. For the assessment of the Economic Element of the GMP staff co- ordinated the review efforts with the Collier County Economic Development Council, not - for -profit organization whose mission is to diversify the economy and create high wage jobs County and Departmental Website The EAR webpage described the purpose and value of the Comprehensive Plan and went over the EAR process, summarized meetings and events related to the EAR, and importantly, provided a location for people to track the list of issues as it developed throughout the public participation process, and the review schedule and results of the advisory board EAR workshops held in the summer of 2010. EAR Public Meetings Throughout the spring of 2010, planning staff conducted 3 workshops around the County. The locations of the public meetings were distributed to the various areas within the County to provide ease of access to a majority of the County's residents. The workshops provided people with the opportunity to hear staff presentations concerning the purpose, scope and schedule of the EAR, ask questions about the Comprehensive Plan and the EAR process, provide comment to what they felt was working and what could be improved within the County, and to meet County staff from several different Departments. While turnout at the workshops was not overwhelming, the input received from the public, as well as municipal staffs attending the workshops, was important and contributed to the development and refinement of issues and opportunities. Below is a listing of the Public Comments received at each of the three public participation meetings. The 1' EAR Public Participation Meeting held at the North Naples Regional Park on January 25, 2010. The comments received from those in attendance have been grouped associated with the major issues identified by the County and DCA. Following the issue cited will be the corresponding objective or policy within the GMP elements to which it pertains. For the comments received over the course of the three public participation meetings for the EAR, staff did not attempt to generalize and/or categorize the comments, but rather, as mentioned, linked the comment to the appropriate policy and/or objective in one of the GMP elements, where applicable. Each public comment that is linked to a policy or objective will be noted in Chapter Two of the EAR. This approach will allow the reader understand how the public comment relates to staff's analysis of the policy or objective and what, if any modifications, revisions, deletions are being suggested. It should be noted that a number of the comments received are either issues dealing with the progra•:.:n tic delivery of services provide for by the various deparhnents /divisions of the County or are observations from the individual related to issues outside of the purview of the GMP policies and objectives. These comments have been designated accordingly. The 1st EAR Public Participation Meeting was held at the North Collier Regional Park - Administration Building - Room A -6 on January 25, 2010, below are the comments received. URBAN DEVELOPMENT PATTERNS Encourage smart growth principles — mixed use, urban infill, walkable communities, alternate transportation modes, and more green space. Objective 7 of the Future Land Use Element. Public Participation • Encourage "experimental" zoning — cluster housing in single - family zoning, guesthouse permanent occupancy. Policy 5.6 of the Future Land Use Element. • County should create Walk only districts — by design or retroactively (close off streets) — and not limited to commercial areas. Policy 1.1 of the Future Land Use Element. • County should Reserve right -of -way for light rail. Objective 6 of the Future Land Use Element and Objective 4 of the Transportation Element. • Elements of the GMP need allow and encourage parking spaces for compact and micro cars — with parking space credit. Land Development Code • County should be recognizing L_EED principles (Leadership in Energy and Environmental Design) Green Building Rating Systems`"` of sustainable green building and development practices and eliminating code barriers to using alternative (green) building materials. Objective 6 of the Economic Element. • County should be recognizing LEED principles (Leadership in Energy and Environmental Design) Green Building Rating System of sustainable green building and development practices. Objective 6 of the Economic Element. • Regarding item loo. 2 (above) —Change the TDR program to require use of TDB's to obtain additional density (cluster housing, guesthouses). Policy 5.3 of the Future Land Use Element. • Elements of the GMP need to provide more incentive for non - motorized (or Mass Transit) development. Objective 12 of the Transportation Element TRANSPORTATION • County not adhering to Greenway Interconnectivity Policy 4.2 of Transportation Element - the County "shall provide an interconnected and continuous bicycle and pedestrian system by constructing improvements identified on the 2030 Pathway Facilities Map series as funds permit ". Policy 4.2 of Transportation Element. • County should be studying ideas for a 5 -Year work program for pathways (no current program). Policy 4.5 of the Transportation Element. • County not adhering to Policy 4.7 of Transportation Element — bike lanes included in resurfacing projects - the County "shall incorporate bike lanes in roadway resurfacing projects as is physically possible and will not result in a safety or operational problem ". Policy 4.7 of Transportation Element • Intergovernmental cooperation involving the County not strong enough to achieve the intended functional sidewalk/path Interconnectivity with school property (pathways). Objective 4 of Transportation Element • County should be studying ideas to allocate existing lanes to public transit, including dedicated transit lanes, restricted SOV lanes, carpool lanes, etc... Objective 12 of Transportation Element. • County not offering adequate access to Mass Transit, including enhanced routes, dedicated mass transit lanes, etc... Policy 12.10 of Transportation Element • County not doing enough to require mix of land uses, policy 5.6 of the Future T.ang1 �Tce Elornorjt EASTERN LANDS (RLSA — RFMIID) ■ Adjustment to Transfer of Development Rights (2005) program not producing desired result. Wholesale comment on Overlay ■ Application process for severances & transfers not fair to all receiving agencies. Land Development Code Public Participation • Need more specifics of Land Management Plan required for TDR credit No.3. Cost associated with severance process prohibited. Land Development Code • The County should develop a unified IMP for area. Future Land Use Element — Rural Fringe Mixed Use District Overlay • County should be studying ideas for TDR's to be applied beyond RFMUD. Future Land Use Element — Rural Fringe Mixed Use District Overlay Additional TDR Provisions • County should be studying ideas to have a TDR education program. Programmatic • TDR's should be open to be used in Urban Area. Future Land Use Element — Rural Fringe Mixed Use District Overlay Additional TDR Provisions • Look at Marion County TDR Program. Informational • County should be studying impacts of RLSA potential development and their effect on Estates (i.e. groundwater, drainage, long -term effects). Policy 3.1 of Future Land Use Element —Rural Lands Stewardship Area Overlay • LRTP not showing specifics of RLSA. Informational • County Government not providing awareness of development schedule of C.R. 951. Informational AFFORDABLE HOUSING • County does not do enough to provide housing opportunities in close proximity to employment centers. Policy 1.4 of the Housing Element • County does not do enough to encourage or mandate workforce housing component for development. Policy 1.3 of the Housing Element • Waivers for impact fees for affordable housing projects. Policy 2.10 of the Housing Element • County does not sufficiently address low income housing (provide incentives). Policy 2.3 of the Housing Element • County should provide land for affordable housing. Policy 2.10 of the Housing Element • County should be studying ideas for multiple units on single - family lots. Future Land Use Designation Description Section — Density Rating System. • County should be studying ideas for lofts above garages, etc. to provide affordable housing opportunities. Future Land Use Designation Description Section — Density Rating System. • Coordinate transportation network with location of affordable housing units. Policy 1.4 of the Housing Element. CLIMATE CHANGE • County should be studying ideas to target Green House Gas sources — besides transportation. • County should be studying ideas to address lack of energy efficiency plans. • County should be studying ideas to address need to plan for Sea Level Rise. • County should be studying ideas to access & connect State Parks with County Network. WATER RESOURCE PROTECTION • County should re- evaluate monitoring and maintenance procedures for nutrient loads /pollution/water quality. Objective I of the Drainage Sub - Element. • Improve public participation outreach and involvement for watershed management planning. • The County needs better outreach and education with user - friendly terminology and use illustrations. • The County Watershed Management Planning needs to be holistic — more than just water. 4 Public Participation The 2' EAR Public Participation Meeting was held at the University of Florida/Collier County Agricultural Extension Offices on February 23, 2010. As provided for at the first public participation meeting the comments received from those in attendance have been grouped associated with the major issues identified by the County and DCA. Following the issue cited will be the corresponding objective or policy within the GMP elements to which it pertains, if applicable. CLIMATE CHANGE • Promote and encourage safe bike /walk, including education to improve safety of bike /pedestrians routes to reduce number of miles driven, especially school drop -off. Policy 4.2 Transportation Element. • Reduce gaps between CAT stops. Explore feasibility of bike rentals at CAT stops to minimize gaps in the existing networks of bike /pedestrians pathways. Programmatic • Increase mass transit availability (CAT). Policy 12.10 Transportation Element • Create bike /pedestrians pathways on canal banks to separate bike routes from vehicle traffic. Programmatic • Do not use Vehicle Miles Traveled (VMT) reduction as an excuse to build more commercial in neighborhoods where they were not planned nor vetted through a local master plan process. Observational • Flooding as a result of climate change will affect current population estimates, County needs to revise estimates. Observational • Include more bridges (Golden Gate Estates) to reduce fuel consumption and safety. • Policy 9.3 Transportation Element/ GGAMP Restudy • Create County -wide storm water management to address sea level rise. Policy 2.I.5 Conservation and Coastal Management Element • Standards to address Climate Change need to be different for Golden Gate Estates (than urban coastal zones). Observational • Allow low density areas in Golden Gate Estates. Observational • Make CAT cost more affordable. Observational TRANSPORTATION • Public safety in the Estates has been ignored — Observational. • Paving not followed through on local roads — Programmatic • Proposed Transportation Corridors thru Estates never contemplated by Master Plan and is inconsistent with the GGAMP. Observational • Vanderbilt Beach Road not necessary — inconsistent with GGAMP. Observational • Taking of homes for Vanderbilt Beach Road not necessary. Observational • Extension of Green Blvd and Wilson Blvd — not consistent with GGAMP. GGAMP Restudy • Transportation — Mobility Plan will Change Rural Character. Observational • Bridge the waterways — instead of 4 -6 lane roads to reduce miles traveled. Policy 9.3 Transportation Element/ GGAMP Restudy 5 Public Participation • Multi paths should be developed separate of roadway. Policy 4.2 of Transportation Element. • Better linkage between Transportation Planning and Land Use is needed. Objective 5 Transportation Element. • Loop around Estates do not go through it to carry traffic. GGAMP Restudy. • Long Range Transportation Plan needs to be incorporated further into GMP — recognize character of sub - districts. Objective S Transportation Element. • Transportation feasibility between sub - districts (RLSA, RFMUD, Estates) needs greater coordination. Objective S Transportation Element. • Interior Commercial Development in Estates not consistent with GGAMP. GGAMP Restudy. • Eighth Street is a residential road — Fair Grounds should stop using for all events. Programmatic. • Estates Road Network needs to be planned for build -out, with street width and locations clearly shown. Programmatic. • More ECO friendly landscaping and water efficient medians. Programmatic. • Widen Oil Well Road to State Road 29 and expand State Road 29. LR r Programmatic. • Bridging of Wilson Blvd South should never be proposed. Programmatic. • I -75 interchange should not route traffic thru Estates. LRTP Programmatic, GGAMP Restudy. AFFORDABLE HOUSING • Maintain viability of below market rate housing (particularly multi - family units) as transitional housing. Observational. • Increase public assistance to affordable housing, possibly maintaining and administrating units (existing) for present and future occupants. Programmatic. • Stop steering affordable housing into the estates. Partner with realtors to improve the image of the estates. Observational. • Maintain unoccupied housing units. Programmatic. • Increase focus of affordable housing to multi - family units from single - family. Programmatic. • Promote owner occupied units /rent -to -own units. Programmatic. • Develop a program to monitor absentee owner activities. Programmatic. • Waive impact fees for development of affordable housing. Policy 2.7 Housing Element. • Reflect actual vacancy rates within CIGM. Programmatic. • Identify threshold of affordable housing within geographic area — and allow no affordable housing in that location if thresholds crossed. Policy 1.4 Housing Element. • Issue of affordable housing in Golden Gate Estates — Is it a good idea to explore potential? Observational. EASTERN LANDS (RLSA — RFMUD) ■ Increase developer credits during RLSA revisions. RLSA S -Year review amendments — Observational. • Credits for underground assets? (Mining) RLSA S -Year review amendments — Observational. • Panther overpasses and underpasses (do they work)? Programmatic. • Define primary and secondary panther habitat. Programmatic. • LOSS for concurrency has not been proven by data and analysis for the new changes proposed to the RLSA Overlay. Observational. 6 Public Participation • Don't use Golden Gate Estates as thru -way for access to the coast. Observational. • Don't build roads in advance of development and population. Observational. • TDR program is inefficient. Observational. • TDR program doesn't incent transfers sufficiently for developers. Future Land Use Element (FLUE) RFMUD. • Envisioned market for TDR's is non - existent (don't sell) Observational. • Further incent transfers into urban infill (clause is unclear and needs to be expanded). Future Land Use Element (FLUE) RFMUD. • Provide further incentives from sending to receiving. Future Land Use Element (FLUE) RFMUD. • Rural villages envisioned within receiving areas don't provide sufficient commercial capacity. Observational. • Design and criteria for commercial locations within the villages isolate them from major transportation corridors (making them not viable) Future Land Use Element (FLUE) RFMUD. • No new high speed (> 36 mph) roads built in RLSA and Rural Fringe Sending Area-, (low speed essential for wildlife preservation) Observational • Commercial development on the interior of Golden Gate Estates goes against the Master Plan and should not be allowed. Observational. • The taking of homes instead of a golf course for the Vanderbilt Beach Extension should not be allowed. Programmatic. • Proposed RLSA amendments in Collier County did not address any concerns from DCA (7 written concerns from Tom Pelham). Observational. • RLSA and RFMUD need to be compatible with Golden Gate Master Plan. Observational. • When RFMUD was created, land use restrictions eliminated functionality of Golden Gate Master Plan — Ex: Proposed location for estates commercial. Observational. ■ RLSA has encouraged premature conversion of agriculture by: Only low quality agriculture has been protected By using eminent domain to provide transportation corridors Refusing to address DCA concerns Using Section 189 Districts to bypass Florida's Growth Management Laws Observational. ■ GMP Elements (like RLSA, RFMUD, and Golden Gate Master Plan) need to address the effects they have on each other: Services, Transportation, Land Use. Observational. ■ Where is the Master Watershed Management Plan? Policy 2.1.5 Conservation and Coastal Management Element. ■ Receiving Aueas in the RFMUD need to be changed to allot:' services including business, commercial and industrial can be located there to support not only the RFMUD, but adjacent Golden Gate Estates and surrounding Communities. Observational DEVELOPMENT PATTERNS ■ Fairground activities have escalated over time — both the frequency and intensity of events disrupt the tranquility of surrounding Golden Gate Estates. Observational. 7 Public Participation • Need Rural Standards for East of C.R. 951 (development standards, roads, dark skies, etc.) Policy 1. S Capital Improvements Element. • In Golden Gate Estates, commercial development was [mostly] to occur on periphery, and [interior] commercial was to be small scale /small magnitude. Peripheral commercial can be larger in magnitude — that is acceptable. Observational - GGAMP Restudy. • There should be a minimum residency period requirement to serve on Committee(s) that can change, or influence change to, the Golden Gate Area Master Plan (GGAMP), e.g. 5 years. Programmatic. • For development in the Rural Lands Stewardship Area (RLSA), Golden Gate Estates residents are not included/engaged — their input is not sought though RLSA development may impact GGE. Observational. ■ Proposed large commercial development at Golden Gate Blvd. and Wilson Blvd. is out of character, destroys aesthetics [referring to proposed GMP amendment petition CP- 2008 -1 ]. Observational. • Staff involved in projects, plans, etc. need to have familiarity with the affected area. Staff should live in the area or at least tour the area to get familiar with, and better understand, the area. Observational • More comprehensive approach needed when planning east of 951; GGE, RLSA, Rural Fringe Mixed Use District (RFMUD) planning affects one another (drainage, roads, resources, commercial and industrial services). Objective 4 Future Land Use Element. • Need to plan for Golden Gate Estates long -term — consider build -out. Observational. • Road corridors serving urban areas should be routed around rural areas so as to maintain community character. Observational - GGAMP Restudy. • Plans for east of 951 aren't flexible enough to accommodate change in growth rate. Observational. • The Collier Interactive Growth Model (CIGM) is slow to react to demographic changes. Observational. ■ Need a Community Center within Golden Gate Estates. Observational. • Need larger, more effective buffers around commercial development and County projects when near /affecting nearby residences. Programmatic. • Goals, Objectives and Policies (GOP's) of the GMP are not adequately implemented. Observational. • Need more public arenas for homeowners to voice concerns and opinions about topics /problems affecting them, e.g. fairgrounds activities, water treatment plants, mining operations. Programmatic. • For Vanderbilt Beach Road Extension, should take golf course land [for needed right -of -way], not homes. Observational. • During moratorium period (reference June 22, 1999 Final Order from Florida Administration Commission), the County did not adequately address environmental issues, nor where /when/if additional development would be permitted, including agriculture. Observational. • Changes to the GGAMP should be the exception, not the norm. Observational. • One or more East of 951 Horizon Committee Members suggested urbanizing Golden Gate Estates. Need to preserve the rural character. Der the GGAMP. Observational. _ 8 Public Participation • Should focus on SR 29/82 bypass as an industrial development center based in Immokalee Area. Observational. • Question whether RLSA development showing fiscal neutrality. Policy 4.8 RLSA Overlay — FLUE. • County policies encourage premature conversion of agriculture lands — when there's no need for more residential lands. Observational. • Planning period for GMP should be extended beyond 10 years. Policy 5.4 CIE. • Provide concurrency with Transportation projects /plans. Policy 2.1 Transportation Element. • Need a re -study of GGAMP — need to program for it and provide funding. Observational. WATER RESOURCE PROTECTION • With a future unpredictable climate we cannot depend on previous historical levels of water. Observational. • Develop new tools to predict future water availability. Policy 1.3 of Potable Water Sub - Element. • GMP elements need to consider the effects they have on each other and; Available water supply Waste Management (Landfills) Drainage Observational. • If and when sea levels rise, what has the BCB done to keep water in the Eastern Collier area fresh and apart from encroaching seas? Observational — Major Issue- Climate Change. • The County has let the residents down by acquiescing in the FIRM. Observational. • The County has failed to provide guidance to the people who will need a LOMA. Programmatic. • The County has failed to limit growth based on available resources. Objective 2 (Financial Feasibility) Capital Improvement Element. • The County has failed to consider the cumulative effect of deep aquifer withdrawal. Observational. • The County has failed to develop a County -wide Storm Water Plan. Objective 2.1 Conservation and Coastal Management Element. • Canals not cleaned (algae and weeds cover canal along Frangipani Ave.) Algae sheet sunk (causing future problems for fish and drainage). Programmatic. • C 7 connector has better flow due to culverts being installed. Observational. • FEMA elevations too large a burden during severe recession. Observational. • Need more efficient water management of rural areas east of CR951 to prevent flooding and being rezoned to flood area. Observational. • The new Flood Insurance is unacceptable. Observational. • The County should protest FIRM. Observational. • If flooding is a problem, don't allow additional buildings and asphalt (which can impact their neighbors). Observational. • Ditches and swales are not being cleaned and cleared; and driveways do not have proper culverts. Programmatic. ■ Standing water only 3 times ('95, '06 and '08) the same time the county took readings. Observational. 9 Public Participation • County Government has failed to implement the Watershed Management Plan into which all other Construction and Coastal Elements, Goals and Objectives were to be involved. Observational - Objective 2.1 Conservation and Coastal Management Element. • Disappointed with County's failure to put the '89 GMOP LDC into place in a timely manner. Observational. • County has failed to address sustainability and quality of life for all resources. Observational. • The '89 GMP required that all aspects will be evaluated, watershed by watershed, where is that guidance? Observational - Objective 2.1 Conservation and Coastal Management Element. • All development in the urban zones and outside should be considered and evaluated after each watershed and its characteristics were developed. Objective 2.1 Conservation and Coastal Management Element. • Failed to put into place a Watershed Management Plan. Objective 2.1 Conservation and Coastal Management Element. • Dropping water table in GG Estates, GG Estates water resources are being used by City and other areas without benefit to GG Estates. Observational. • Re -use water — can it be turned into a drinking water source? Potential waste of re -use water is a concern (If there is no demand, why pay for treatment ?) Policy 1.1 Potable Water Sub - Element. The 3rd EAR Public Participation Meeting was held at the Collier County Board of County Commissioners BCC Chambers, 3rd Floor Administration Building on March 15, 2010. As provided for at the first two public participation meetings the comments received from those in attendance have been grouped associated with the major issues identified by the County and DCA. Following the issue cited will be the corresponding objective or policy within the GMP elements to which it pertains, if applicable. INTERGOVERNMENTAL COORDINATION • Need consolidation of fire districts. Programmatic • Better coordination between School Board (sitting) and County Government (locate schools where infrastructure is available or planned). Same for EMS and Fire Stations — all facets of infrastructure. Policy 2.6 Intergovernmental Coordination Element (ICE) • FEMA (under DHS), SFWMD, DEP, USACOE, Collier County Stormwater — need to coordinate water resource management (surface and storm; water supply for municipal resources). Policy 1.4 Potable Water Sub - Element • Better coordination between MPO and Comprehensive Planning (Land Use and Transportation). Programmatic • Better coordination between Parks & Recreation; and Libraries (co- locate). Policy 1.6 1 Recreation and Open Space Element (ROSE) • Better coordination between Schools and Parks & Recreation (co- locate). Policy 1.1.2 ROSE • Need Rural Development Standards for non -urban areas. Policy 4.1 Future Land Use Element (FL UE) ■ Establish single authority for fire plan reviews. Programmatic 10 Public Participation TRANSPORTATION • Integrate MPO and LRTP. Programmatic • Transportation Planning should be part of Master Plan. Observational • Education enforcement of laws and rules — 3' clear to bikes /pedestrians. Programmatic • Establish a minimum Level of Service for multi -model needs. Policy 1.5 Capital Improvements Element & 12.8 Transportation Element • Develop bike share with transit. Observational • Formalize lime rock road policy. Observational • Strengthen 4.6 and 4.7. Policy 4.6 & 4.7 Transportation Element • Stress interconnection and continuity. Policy 7.3 FLUE • Adopt Rural Road Section Standards — Lighting, Landscape and Water. Policy 1.5 Capital Improvements Element & 12.8 Transportation Element • Fair and equitable impact fees — Too high today /unfriendly /too busy and most cost effective design and construction to reduce fees. Observational • Dead ends, (i.e. Vanderbilt Beach Road ends at Desoto); build when population supports. Policy 1.2 CIE • MSTU should pay for own Administration Costs —10 %? Observational • Integrate road water management with land use and water quality parks. Programmatic • Pathways added to requirement for concurrency. Policy 5.1 CIE • Policy 5.1 —add pathways. Policy 5.1 Transportation Element • Add linear greenway parks to connect facilities. Programmatic • Better facility and location planning for schools with coordination of county infrastructure. Objective 3 Public Schools Facility Element • As appropriate, add complete street/non - motorized. Observational • Strategic Park and Ride Transit and Economic Analysis. Programmatic • Red light enforcement may be contrary to tourism. Observational • Educate public on Level of Service. Observational CLIMATE CHANGE • Increase Mass Transit instead of road widening. Policy 3.3 Transportation Element • Increase bike lanes. Policy 4.5 Transportation Element • Need to address sea level rise due to climate change. Observational WATER RESOURCE PROTECTION • County has no Flood Plain Management Plan. Policy 6.3 Drainage Sub - Element • No coordination with Big Cypress Basin; SFWMD; FEMA and DEP (ex: - Picayune Strand Restoration project was completed without consideration of the effect of the RLSA on the flood plain). Observational • Where are the Comprehensive Watershed Management Plan and the Comprehensive Water Resource Management Plan? Policy 1.5 Drainage Sub - Element • When are the efforts going to be: - Funded - Delivered 11 Public Participation - Scheduled • Where is monitoring and maintenance of water resource? Potable Water and Drainage Sub - Elements • Watershed/Water Resource Management needs to be holistic • Environment / Development / Conservation /Recharge/Recycle/Reuse /Alternative Water Resources Observational • The County needs to establish a Stormwater Utility fee to address needed improvements and to address EPA's implementation of the NNC (Numeric Nutrient Criteria). Observational & Policy 1. S Drainage Sub - Element EASTERN LANDS (RLSA- RFMUD) • TDR Program not working. Observational • Natural Resource Studies not detailed enough. Observational • Not enough TDR's to use for density in Receiving Lands. Future Land Use Element (FLUE) RFMUD • Allow other uses on Receiving Lands (Non- residential). Future Land Use Element (FLUE) RFMUD • RFMUD Plan not compatible with Estates Master Plan. Lost commercial opportunities for the Estates due to RFMUD Plan. Observational • Consider modifying Rural Village Design Standards (Street Layout). Programmatic • Consider convertibility of RLSA Density to RFMUD (SSA's to Receiving Lands). Future Land Use Element (FLUE) RLSA & RFMUD • Consider `Banking" of TDR's for smaller parcels. Programmatic • Allow conversion of some Receiving Lands to Sending. Future Land Use Element (FLUE)RFMUD UE)RFMUD • Engage Estates residents with eastern lands development. Programmatic • Allow owners of Receiving Lands to convert a portion of those lands to Sending Lands in order to get more TDRs to use on their remaining Receiving Lands. This process should be available through a rezoning -like process rather than requiring a comprehensive plan amendment. • Increase the TDR Credits formula for Base TDRs to more than the current one (1) base TDR per five (5) acres. In designated Receiving Areas allow a density of greater than one unit per acre with the use of TDRs and not limit density above one unit per acre to only Rural Villages. Non - villages should be able to go up to 2 units per acre. Like the RLSA, rural villages should be able to go to 4 units per acre. • Remove /modify the very detailed and unworkable requirements for development of a Rural Village. Increase the TDR Bonus multiplier in a Rural Village to make it economically viable. At the present time, the TDR program is too expensive for a higher dense village. As density increases, average prices come down. • Remove the minimum required purchase amount of $25,000 for a Base TDR and instead let the market work to determine TDR prices. 12 Public Participation • Protect existing TDR holders but drastically revamp the current program such that it is less costly to develop in receiving areas. • Encourage the establishment of mitigation banks in the Rural Fringe for listed species. • Another option to consider is to establish separate overlays for each of the four distinct Rural Fringe development areas, similar to the North Belle Meade Overlay which has its own set of development standards. • The current Rural Fringe provisions of the GMP already call for the County to consider the feasibility of establishing a "TDR Bank" to be administered by the County or some other non -for- profit government, or quasi governmental agency with the objective of making funds available to support the TDR program by offering initial minimal purchase prices of TDR credits. The County should create a TDR bank. • Consider allowing owners of large tracts in the Rural Fringe the option of utilizing the standards and procedures of the RLSA program. • Allow for the ability to transfer a certain percentage of density credits from the RT SA to the Rural Fringe. • There is a need to have different more favorable treatment for owners of Sending Land parcels of twenty (20) acres or less to facilitate their participation. • Extend the early entry bonus another 2 years, due to the protracted real estate and economic slowdown. AFFORDABLE HOUSING • Create jobs to minimize the need for affordable housing. Programmatic • Eliminate impact fees for affordable housing units. Policy 2.10 Housing Element • Utilize existing housing stock for affordable housing, e.g. foreclosure properties. Observational • Provide for various stages of transitional housing for varying income levels. Policy 2.2 Housing Element • Mandate affordable housing within all developments; residential and mixed -use. Policy 1.3 Housing Element • Provide public transportation proximate to affordable housing units. Policy 2.11 Housing Element • Defer impact fees for affordable housing. Policy 2.10 Housing Element • Provide density bonus incentives for the development of affordable housing units within mixed -use developments. Policy 2.9 Housing Element • Stop the perpetual loss of affordable housing units by prohibiting the conversion of those units to market rate units. (Property owners receive the benerit of increased deiiSit for Constructing affordable units, but then these unit types eventually go away and become market rate units.) Programmatic 13 Public Participation Countywide Assessment SUMMARY OF RECOMMENDED CHANGES 2011 EVALUATION & APPRAISAL REPORT (EAR) Conservation and Coastal Management Element Goals, Objective and Policies: The entire Element should be revised to reflect the proper formatting of Goals, Objectives and Policies, as defined below. Goal: General statement that defines what the Element will ultimately achieve. Objective: A more specific statement than the stated Goal; describes actions that will help achieve the goal(s). Policies: Specific statements that provide directives on how to achieve the objectives and ultimately the Element's goal(s). Goals, Objective and Policies: The entire Element should be revised to reflect Department name changes, designee changes, renumbering due to objective and/or policy additions and/or deletions, and grammatical changes. Objective 1.1: Revise to reflect Program has been implemented and activities are ongoing Policy 1.1.6: Revise to include an effective date Policy 1.2.3: Modify to require that only watershed dependent data should be organized by watershed and sub -basin units Policy 1.2.5: Delete, as Policy is no longer relevant. Policy 1.3.4: Delete, as Policy is no longer relevant Objective 2.1: iYiodil.y to reflect --,UM ieteu work and reword first sentence in item (c) Policy 1.3.4: Delete, as Policy is no longer relevant Objective 2.2: Modify to add qualifier, such as "to attain the highest water quality practical" Objective 2.3: Revise to include coordination and Plan development with the FDEP Objective 2.5: Delete, as estuarine management program has been implemented I CCME SUMMARY OF RECOMMENDED CHANGES Policy 2.5.1: Delete, as estuarine management program has been implemented Policy 2.5.2: Delete, as estuarine management program has been implemented Policy 2.5.3: Delete, as estuarine management program has been implemented Objective 3.1: Revise to reflect groundwater monitoring activities are ongoing Policy 4.1.2: Revise to indicate that the County, in coordination with the SFWMD shall be responsible for devising a method to determine agricultural pumpage Policy 4.1.3: Revise to indicate County Department responsible for compiling water use requirements of the native plant and animal community associations within the County Policy 6.1.1: Modify to reference the June 2010 Land Development Code amendments that implement specific subsections of this Policy; address scrivener's errors in subsections 6.1.1 (7 & 13) and revise applicable subsections; delete subsection 6.1.1 (7), since its already addressed by Policy 6.1.1 (12); reference Land Development Code criteria that implements subsections 6.1.1 (12); and add an exemption from the native vegetation retention requirements for Federal and State parks, preserves and forests whose purpose is to manage land for conservation Policy 6.1.2: Revise to include reference to the June 2010 Land Development Code amendments that implement specific subsections of the Policy; and, include an exemption from the native vegetation retention requirements for Federal and State parks, preserves and forests whose purpose is to manage land for conservation purposes Policy 6.2.1: Revise to correct the Florida Administrative Code reference; and insert reference to the current SFWMD land use and land cover inventory Policy 6.2.5: Delete Section 6.2.5 (6)(5)(b)(3), as the specific criteria to identify mitigation priorities and implement the incentive program have been adopted into the Land development Code Policy 6.3.3: Delete, as the new FWC Rule Change prohibits speed zones to be established based on benthic resources Policy 7.1.2: Delete references to specific wildlife publications and plans listed in the Policy; revise to add a general reference to publications utilized by the FFWCC and USFWS as their technical assistance; and, delete the reference 2 CCME SUMMARY OF RECOMMENDED CHANGES to mitigation for black bear habitat, as no such mitigation is required by the FFWCC or USFWS Policy 7.1.6: Delete, as the Land Development Code amendment to implement this Policy has been completed. Objective 7.2: Revise to reflect the most up -to -date, best available data on manatee deaths in Collier County waters Policy 7.2.2: Delete specific reference to Policy 6.3.3, as reference is no longer relevant Objective 7.3: Revise to reflect the most up -to -date, best available data on sea turtle disorientation Policy 7.3.1 Revise to reflect the correct Policy reference Policy 7.4.1 Modify Policy to refer to other funding opportunities Policy 9.1.6 Revise to reflect the establishment of a training program Policy 9.1.7 Revise to reflect current departmental reference Policy 9.2.3 Modify to reflect the establishment, and maintenance, of a cooperative agreement Policy 9.4.3 Modify to remove redundant sentence Policy 10.1.5 Modify to consistently refer to "marine" wetlands Policy 10.1.6 Modify to require that destruction of any marine wetlands requires a fiscal analysis Policy 10.2.1 Modify to require beach access sites shown on plans to be at the discretion of the County Policy 10.4.13 Modify the Policy to change its focus to educating the public about sea level rise Policy 10.6.2 Delete, as existing regulations are adequate to address sea level rise Objective 12.1 Modify to address legislative changes to hurricane evacuations requirements Policy 12.1.3 Modify to reflect shelter space figures that are consistent with the Southwest Florida Regional Planning Council's Hurricane Evacuation Study Update Policy 12.1.5 Modify to reflect updated equipment listing requirements for onsite shelters 3 CCME SUMMARY OF RECOMMENDED CHANGES Policy 12.1.9 Revise to reflect correct terminology and coordination activities Policy 12.1.11 Revise to reflect latest date of document Policy 12.1.12 Revise to reflect latest date of document Policy 12.1.13 Modify to reference funding limitations Policy 12.1.14 Delete, as the inclusion of hurricane shelters within the 5 -year schedule of Capital Improvements is not supported Policy 12.1.15 Modify to make Policy references consistent with State and Federal guidelines; and, revise to reflect latest date of document Policy 12.1.17 Revise sentence for clarity Policy 12.1.21 Revise to reflect the next due date for the Plan update Policy 12.2.5 Modify to provide updated references and CHHA definition Policy 12.3.2 Revise for clarification and sentence structure Objective 12.4 Revise to reflect current terminology and departmental names 4 CCME SUMMARY OF RECOMMENDED CHANGES Assessment of the Successes and Shortcomings and Recommendations for the Conservation and Coastal Management Element A. Introduction and Background The Conservation and Coastal Management Element of the Growth Management Plan provides the County the guidance to: manage coastal systems and historic resources, and maintain shoreline lands and infrastructure so as to enhance environmental, recreational, and economic opportunities and protect human life; protect, conserve and manage natural systems, and vegetative and land resources; and, where appropriate, enhance air and water quality. The Conservation and Coastal Management Element includes thirteen (13) Goals and associated objectives and policies. These Goals are summarized as follows: 1. Protection of natural recourses; 2. Protection of surface and estuarine water resources; 3. Protection of groundwater resources; 4. Protection of freshwater resources; 5. Protection of mineral and soil resources; 6. Protection of native vegetation and wildlife habitat; 7. Protection of fisheries and wildlife; 8. Maintenance of existing air quality; 9. Management of hazardous materials and hazardous wastes; 10. Protection of coastal resources; 11. Protection of historic resources; 12. Hurricane evacuation and sheltering; and, 13. Avoiding duplication of regulations Preparation of this Section of the Evaluation & Appraisal Report (EAR) involved coordination between Comprehensive Planning staff and the following departments /sections: Land Development Services Department — Zoning Services Section, Stormwater and Environmental Planning Section, Engineering Services Section; Public Utilities Engineering and Water Departments; Pollution Control Department; Parks and Recreation Department; Coastal Zone Management Department; Facilities Department — Conservation Collier; and the Bureau of Emergency Services. Staff s evaluation of the Objectives and Policies contained within the Element are below. B. 0h;ective Analysis OBJECTIVE 1.1: Collier County will continue to develop and implement a comprehensive environmental management and conservation program, which will ensure that the natural resources, including State and Federally listed animal species, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Objective Achievement Anal: Collier County continues to operate the program described in this Objective. CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Objective remains relevant and should be retained. However, the Objective should be revised to reflect that the program is ongoing. Policy Relevance: Policy 1.1.1: Collier County has established and maintains an Environmental Advisory Council (EAC), which advises and assists the appropriate County agencies, the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) in implementing the County's environmental resources management programs. Policy Achievement Anal The Environmental Advisory Council (EAC) continues to advise and assist the appropriate County agencies in implementing the County's environmental resources management programs. This Policy remains relevant and should be retained. Policy 1.1.2: Collier County has incorporated the goals, objectives and policies of this Conservation and Coastal Management Element into the Collier County Land Development Code as the County's standards for environmental resources protection and management. The Land Development Code shall be revised, to reflect the adoption of new and /or revised natural resources management and environmental protection standards and criteria. Policy Achievement Analysis: The Land Development Code has been, and will continue to be, revised as needed to reflect the adoption of new and/or revised natural resources management and environmental protection standards and criteria. This Policy remains relevant and should be retained. Policy 1.1.3: Collier County shall continue to support established environmental policies by maintaining an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long -term direction for the protection and management of the County's environmental resources. Policy Achievement Anal The County continues to support established environmental policies by maintaining an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long -term direction for the protection and management of the County's environmental resources. This Policy remains relevant and should be retained. Policy 1.1.4: The appropriate County agencies shall continue cooperation with private natural resource conservation and management organizations, as well as Regional, State, and Federal environmental agencies and will work with other local governments to identify and manage shared natural resources. 2 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: The County continues to cooperate with Regional, State, and Federal environmental agencies as well as private natural resource conservation and management organizations to identify and manage shared natural resources. Additionally, the Environmental Planning Section established an "agency" stakeholders group to provide input on the watershed plans and the floodplain plan; the Coastal Zone Management Department holds meetings with stakeholder groups, environmental organizations, FDEP and the cities of Naples and Marco Island to discuss projects and issues of common interest; and, Conservation Collier coordinates with adjacent landowners, public and private, for the management of shared natural resources. Conservation Collier's activities include, but are not limited to, coordination with the USFWS, Collier Seminole State Park, and Rookery Bay NERR to manage McIlvane Marsh Preserve; the City of Marco to manage Otter Mound Preserve; Rookery Bay NERR to manage Shell Island Preserve; FL Division of Forestry to manage fire dependent habitat in all Program preserves; City of Naples, the Conservancy of SWFL, the SWFL Land Preservation Trust, and the Naples Zoo to manage the Gordon River Greenway; The Future Citizens to manage Wet Woods Preserve; and SWFWMD, CREW land and Water Trust, USDA, and FWC to manage Caracara Prairie Preserve. This Policy remains relevant and should be retained. Policy 1.1.5: Collier County shall maintain a conservation program, which attempts to equitably balance the relationship between the benefits derived from, and the costs incurred by such a program to both the public and private sectors. Policy Achievement Analysis: The County continues to maintain a conservation program that attempts to equitably balance the relationship between the benefits derived from, and the costs incurred by, such a program to both the public and private sectors. For example, Conservation Collier is funded through voter approved, ad- valorem taxes. Public access is an aspect of the program that is required by ordinance (2002 -63, as amended). Although there are costs incurred by acquiring and managing conservation lands, Conservation Collier only acquires, protects and manages environmentally sensitive lands that offer the following: the best human social value, including equitable geographic distribution, natural resource -based recreation, local ecological awareness and enhancement of the aesthetic setting of Collier County; protection of wetlands and surface water resources including enhancement of flood protection; and the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. This Policy remains relevant and should be retained. Policy 1.1.6: In those areas of Collier County where oil extraction and related processing is an allowable use, such use is subject to applicable state and federal oil and gas permits and Collier County non - environmental site development plan review procedures. Directional - drilling and /or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules exist on the effective date of this amendment to the Collier County Comprehensive Plan, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and /or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of 3 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. Policy Achievement Analysis: Policy 1. 1.6 outlines the environmental review criteria for oil extraction and related processing, where oil extraction and related processing is an allowable use in the County. This Policy remains relevant and should be retained. However, the Policy should be revised to include the effective date of the amendment. OBJECTIVE 1.2: Maintain the framework for an integrated, computer -based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Objective Achievement Analysis: The Collier County Environmental Planning Section maintains a robust, GIS -based system (ESRI's ArcGIS) that will be updated annually. This Objective remains relevant and should be retained. Policy Relevance Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. Policy Achievement Analysis: The County's GIS -based system is compatible with the other organizations' systems as listed in the Policy. This Policy remains relevant and should be retained. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy Achievement Analysis: Data gathering and coordination with Federal, State and private resource management organizations is an ongoing task. The continued coordination minimizes duplication efforts and enhances the quality of information. 4 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. Policy 1.2.3: Collected and /or compiled data will be organized by established water -shed and sub -basin units. Policy Achievement Analysis: Most of this data is in GIS format, so there is no need or benefit to organize it by watershed. The Policy remains relevant and should be retained. However, the Policy should be modified to require watershed dependent data only be organized by watershed and sub -basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy Achievement Analysis: The County's environmental database contains information that is available upon request, subject to fees that cover staff time and resources needed to produce the information. This Policy remains relevant and should be retained. Policy 1.2.5 Collier County's computerized environmental resources data storage, analysis and graphics system shall share information and resources with other Federal, State, Regional, local and private environmental management agencies and organizations and the general public. The County shall cooperate with these other entities when updating its system in order that the benefits of the updated system may be shared with all appropriate agencies and organizations. Policy Achievement Analysis: Provisions for working cooperatively with other agencies and sharing data with the public are in the preceding policies. This Policy is no longer relevant and should be deleted. OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC -99 -002 dated June 22, 1999, the County has completed the phased delineation, data gathering, management guidelines and implementation of the Natural Resources Protection Area (NRPA) program as part of the required Collier County Rural and Agricultural Assessment. Through this Assessment, the County has determined that the NRPA program is not the only mechanism to protect significant environmental systems. Accordingly, within the Rural Lands Stewardship Area Overlay in the Future Land Use Element, the County has delineated Stewardship Sending Areas that will function to protect large environmental systems. Pursuant to the following policies, the County shall protect identified environmental systems through the NRPA and Rural Lands Stewardship programs. S CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Objective Achievement Anal This Objective remains relevant and should be retained. However, the Objective should be rewritten for clarity (i.e. formatting). Policy Relevance: Policy 1.3.1: The purpose of the NRPA program is to direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Map; During the Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, Belle Meade, a portion of the Northern Belle Meade shall be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA. The specific boundaries have been identified as NRPAs on the Future Land Use Map. b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria for the NRPAs are those contained in the NRPA Overlay within the Future Land Use Element. d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. Policy Achievement Anal The County established Natural Resource Protection Areas (NRPAs) to direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The Policy also provides information regarding the relationship of the NRPAs to the Rural and Agricultural Area Assessment. Finally, the Policy requires the County to seek assistive from, and support, state and /or federal land acquisition programs for areas qualifying as NRPAs; Conservation Collier identifies nominated properties within Federal and State acquisition areas and coordinates with the agencies to make them aware of willing sellers within their acquisition areas. This Policy remains relevant and should be retained. Policy 1.3.2 The overall purpose and description of the Rural Stewardship program is defined in the Rural Lands Stewardship Area (RLSA) Overlay found in the in the Future Land Use Element. A 6 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Stewardship Credit system has been established as the primary basis for the protection of Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs). The RLSA Overlay also contains policies to direct incompatible land uses away from FSAs, HSAs and WRAs in order to protect wetlands, upland habitats and listed species within the RLSA. Policy Achievement Analysis: This Policy establishes the purpose and description of the Rural Lands Stewardship Area (RLSA) Overlay and also identifies the stewardship credit system as the means for diverting development away from Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs). This Policy remains relevant and should be retained. Policy 1.3.3: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Policy Achievement Analysis: Policy 1.3.3 requires continuation of the County's management guidelines for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. This Policy remains relevant and should be retained. Policy 1.3.4: Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy Achievement Analysis: The Policy objectives have been achieved as part of the Growth Management Plan amendments to satisfy the Final Order. This Policy is no longer relevant and should be deleted. Policy 1.3.5: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub -basin management plans. Policy Achievement Analysis: Policy 1.3 .5 requires consideration of NRPA program goals when developing watershed and sub -basin management plans. The Belle Meade Area Stormwater Management Master Plan included recommendations for improvements that would benefit the natural resources as well as improvements directed towards developed areas. The NRPA goals factored into the watershed prioritization process by making growth impacts to wetlands and listed species criteria in the evaluation. The watershed planning process has begun but has not yet progressed to recommendations. Goals of the NRPA program will be factored into performance measures to include these concepts in the evaluation process. 7 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. OBJECTIVE 2.1: By January 2008, the County shall complete the prioritization and begin the process of preparing Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. The process shall consist of (1) an evaluation of areas for which Watershed Management Plans are not necessary based on current or past watershed management planning efforts, (2) an assessment of available data and information that can be used in the development of Watershed Management Plans, and (3) budget authorization to begin preparation of the first Watershed Management Plan by January 2008. A funding schedule shall be established to ensure that all Watershed Management Plans will be completed by 2010. In selecting the order of Plan completion, the County shall give priority to watersheds where the development growth potential is greatest and will impact the greatest amount of wetland and listed species habitats. The schedule and priorities shall also be coordinated with the Federal and State agency plans that address Total Maximum Daily Loads (TMDLs). Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re- development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (February 2006) and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Sub - element Policy 6.2 and 6.3, respectively; b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. C. Floodplain storage compensation shall be evaluated for developments within the designated flood zones "A ", "AE ", and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date of November 17, 2005. Floodplain storage compensation shall also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. d. All development located within areas identified on Figure 1 shall be evaluated to determine impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a continual preponderance of wetland or wet facultative plant species and a ground elevation through the major portion of the natural wetland, flowway, or slough at least one (1) foot lower than the ground at the edge of the natural wetland, flowway, or slough. The edge of the natural wetlands, flowways, or sloughs shall be identified by field determination and based upon vegetation and elevation differences from the adjacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin as outlined in Ordinance 2001 -27, adopted May 22, 2001 which amended the County Water Management Policy and provided basin delineations where special peak discharge rates have been established. The limiting discharge rates will be reviewed as a part of the Watershed Management Plans, and modified according to the analyses and findings of the Watershed Management Plans. e. All new development and re- development projects shall ensure surrounding properties will not be adversely impacted from the project's influence on stormwater sheet flow. f. Prior to the issuance of a final development order, the County shall require all development projects to obtain the necessary state and federal environmental permits. g. Within one year of the effective date of these amendments, the County shall adopt land development regulations to require Best Management Practices of future development 8 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT or re- development projects. Best Management Practices means structural and non- structural facilities or practices intended to reduce pollution either through source control or treatment of stormwater. Figure 1. Restoration Project Areas Where Interim Development Standard 2.1.d is Applicable [See Figure 1 following CCME text] Objective Achievement Anal Collier County is currently involved in the development of the Watershed Management Plans. The County completed the initial delineation and prioritization of the watersheds by the end of November 2007. Dedicated funding for development of the Watershed Management Plans was also obtained and set aside in 2007. The County coordinated with the Florida Department of Emergency Management coastal Light Detection and Ranging (LiDAR) aerial topographic mapping effort to obtain more detailed and expanded coverage of the County. The County also coordinated with the South Florida Water Management District to utilize their existing two - dimensional regional hydrologic and hydraulic model for southwest Florida as a starting tool in the development of the Watershed Management Plans. The County utilized the various policies under CCME Objective 2.1 to form the basis for the Scope of Services and then hired a consultant team to prepare the Watershed Management Plans. The work is in progress and is scheduled for completion by the end of 2010. This Objective remains relevant and should be retained. However, the Objective should be modified to reflect completed work, and the first sentence in (c) reworded as follows, "Floodplain storage compensation shall be evaluated for developments within the designated Special Flood Hazard Area (flood zones starting with the letter "V" or "A ") as depicted on the effective Flood Insurance Rate Map published by the Federal Emergency Management Agency." Public Comment (Community Meeting held on 3115110): Public stated that the County has not developed a county -wide stormwater plan. Public Comment (Community Meeting held on 3115110): Public stated that all development in the urban zones and outside should be considered and evaluated after each watershed and its characteristics are developed. Policy Relevance Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy Achievement Analysis: The Scope of Services for development of the Watershed Management Plans includes this policy's features. The Policy remains relevant and should be retained. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land- disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. 9 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: The Scope of Services for development of the Watershed Management Plans includes this policy's features. The Policy remains relevant and should be retained. Policy 2.1.3: The Plans will also evaluate structural and non - structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy Achievement Analysis: The Scope of Services for development of the Watershed Management Plans includes this policy's features. The Policy remains relevant and should be retained. Policy 2.1.4: All Watershed Management Plans shall address the following concepts: a. Appropriate wetlands and uplands serving as a buffer to wetlands are conserved; b. Drainage systems do not degrade wetland and estuary ecosystems; c. Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt -water intrusion are lessened; e. The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; f. The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; h. Non - structural rather than structural methods of surface water management should be considered first in any proposed new works; i. Wetland and estuarine habitat functions are conserved and /or enhanced; and j. Wetland and estuarine ecosystems will be conserved and /or enhanced using a variety of innovative tools, including landowner incentives, public acquisition, conservation easements, and /or transferable development rights. Policy Achievement Analysis: This Policy describes the Scope of Services for the development of the Watershed Management Plans. The Policy remains relevant and should be retained. Policy 2.1.5: Upon establishment of the various Watershed Management Plans for Collier County, all environmental data collection, environmental management and environmental planning activities conducted by Collier County shall be conducted using a basin -by -basin approach. Policy Achievement Analysis: This Policy describes the Scope of Services for the development of the Watershed Management Plans. The Policy remains relevant and should be retained. Public Comment (Community Meeting held on 2123110): 10 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Public stated that there is a need to create county -wide stormwater management to address sea level rise. Public Comment (Community Meeting held on 3115110): Public stated that there is a need for a Master Watershed Management Plan. Policy 2.1.6: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. Policy Achievement Analysis: Water management permitting is regulated by the South Florida Water Management District. The Policy is not relevant and should be deleted, as water management permitting is regulated by the SFWMD. Policy 2.1.7: Collier County shall take the lead and promote intergovernmental coordination between the County and other governmental agencies involved with watershed planning, including, but not necessarily limited to, the municipalities of Marco Island, Naples and Everglades City, the Florida Department of Environmental Protection, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and other governmental agencies. The County will take the lead and oversee the preparation of the necessary watershed management plans, and will rely upon the work performed or data collected by other agencies, to the extent that these agencies have data and /or experience, which may be useful within the watershed basin planning and management process. Policy Achievement Analysis: This Policy describes the Scope of Services for the development of the Watershed Management Plans. The Policy remains relevant and should be retained. However, the Policy should be modified to reflect work completed and listed activities are on- going. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Objective Achievement Analysis: This Objective has not been met, because there are several water bodies in Collier County that do not meet Federal or State water quality standards. The Florida Department of Environmental Protection (FDEP) and the United States Environmental Protection Agency have finalized the list of those water bodies that do not meet water quality standards, and in 2008 FDEP developed Total Maximum Daily Loads for these water bodies. The Watershed Management Plans being developed by Collier County will address these water bodies. Water quality improvement initiatives have been taken within Collier County to address some water quality issues. A new water quality treatment system referred to as Freedom Park has been constructed to treat the water within the Gordon River. In addition the Lake Trafford dredging project, which is 11 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT currently ongoing, has been removing the muck on the bottom of the lake in order to improve the lake's water quality and prevent future fish kills. Collier County Pollution Control continues to implement numerous proactive programs designed to protect the County's surface water quality from man-made pollution sources. However, due to natural conditions impacting the water quality found in Collier County, some federal and state water quality conditions may not be achievable. Therefore, Collier County will continue to take all necessary actions to maintain the highest attainable level of surface water quality within its watersheds. This Objective remains relevant and should be retained. However, the Objective should be reworded similar to Goal 3 to read, "to attain the highest water quality practical." Policy Relevance: Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet Florida Department of Environmental Protection (FDEP) regulations and are not in violation of other Goals, Objectives and Policies of this Element. Policy Achievement Analysis: Policy 2.2.1 bans wastewater treatment plants from discharging directly into rivers, canals or jurisdictional wetlands unless they meet Florida Department of Environmental Protection (FDEP) regulations and are not in violation of other Goals, Objectives, and Policies of this Element. This Policy remains relevant and should be retained. Policy Achievement Analysis: Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run -off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. Policy Achievement Analysis: Policy 2.2.2 limits the specific and cumulative impacts of stormwater run-off. The Policy remains relevant and should be retained. However, the Policy should be revised to delete the word "in" and with the word "into" in the last sentence. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy Achievement Analysis: Policy 2.2.3 requires that chemical spraying for aquatic weed control should be conducted with extreme caution and encourages the use of biological and mechanical controls. 12 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT The Policy remains relevant and should be retained. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy Achievement Analysis: Policy 2.2.4 requires the continuation and expansion of the County's water quality sampling program. Collier County Pollution Control Department (CCPCD) continues monitoring a fixed network of surface water stations throughout the county. The network is evaluated every 3 years to determine the relevancy of the sampling sites. If water quality problems are found that may impact public health, a very intensive study area (VISA) is initiated to determine the source of the water quality problems. The surface water quality data were assessed in 2007 by CCPCD; in 2008 by the Florida Department of Environmental Protection under the Impaired Waters Rule Assessment; and will be reassessed in 2010 by CCPCD. The Policy remains relevant and should be retained. Policy 2.2.5: By December 31, 2008, and no less than every three years, stormwater management systems shall be inspected and certified by a licensed Florida professional engineer for compliance with their approved design, and any deficiencies shall be corrected. Policy Achievement Analysis: The deadline for Policy 2.2.5 has not been met, and the County has not identified stormwater management systems that are not currently meeting State water quality treatment standards. The County is developing a process for stormwater management systems, which is expected to be completed by December 2015. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect an extended deadline to December 2015; and include a requirement to coordinate activities with the South Florida Water Management District (SFWMD) and FDEP. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Objective Achievement Anal This Objective has not been met. The estuaries do not meet Federal or State water quality standards. The Watershed Management Plans developed by the County will address measures to bring these water bodies into compliance with State and Federal water quality standards. Currently, the County monitors its water quality through the collection and evaluation of ground water and surface water samples. This Objective remains relevant and should be retained. However, the Objective should be revised to include the development of a plan, in coordination with the FDEP, to meet applicable federal, state and local water quality standards. 13 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Relevance: Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Policy Achievement Anal Policy 2.3.1 requires that no new untreated point source discharge is to be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Collier County enforces State and Federal environmental and health criteria relative to point source discharges. The Policy remains relevant and should be retained. Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy Achievement Analysis: Policy 2.3.2 requires that Stormwater systems discharging directly to estuaries are to be designed to meet the same requirements as stated in Policy 2.2.2. The Policy remains relevant and should be retained. Policy 2.3.3: All watershed basin modification activities shall include appropriate detention and retention criteria, consistent with the rules and regulations of the South Florida Water Management District, Big Cypress Basin Board and Collier County, as may be applicable. Policy Achievement Anal The Policy remains relevant and should be retained. Policy 2.3.4: Continue to implement and refine a water quality and sediment monitoring program for the estuarine system. Policy Achievement Analysis: The Coastal Zone Management (CZM) Department implemented a water quality monitoring program in October of 2008. A water quality monitoring plan was written and approved. The Monitoring Plan follows FDEP's Standard Operating Procedures and the Pollution Control Department's Lab Procedures. Water quality sampling has been conducted in Cocohatchee Estuary for over a year; a draft report of the data has been written. Also, water quality sampling started in November of 2009 in Clam Bay. CZM is currently sampling the Cocohatchee and Clam Bay on a monthly basis. Master plans will be developed with stakeholders as data and regulations are developed. This Policy remains relevant and should be retained. Policy 2.3.5: Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative 14 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT impacts on Naples Bay and its watershed. At a following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run -off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. minimum, this agreement includes the Policy Achievement Anal Policy 2.3.5 requires the County to continue to coordinate with the City of Naples regarding cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. The Policy remains relevant and should be retained. Policy 2.3.6: The County will only allow development activities which will not adversely impact coastal water resources. This is implemented through the following mechanisms: a. Require all applicable Federal and State permits addressing water quality to be submitted to Collier County before Collier County issues a Final Development Order. b. Excluding single family homes, any project impacting 5 acres or more of wetlands must provide a pre and post development water quality analysis to demonstrate no increase in nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper loading in the post development scenario. C. By January 2008, the County shall undertake an assessment of the current model used to evaluate pre and post development pollutant loadings referenced in (b) of this Policy. At a minimum, the purpose of this assessment will be to verify the accuracy of the model and to provide data evaluating stormwater management structure design. In reviewing the accuracy of the model, the County will include an evaluation of the reduction of lake depths with time and the corresponding loss of retention volume, the impact of lake stratification, and the need for aeration. The assessment will also include the sampling of runoff from undisturbed sites and from permitted stormwater outfalls for the parameters listed in Paragraph (b) of this Policy and pesticides. The results of the assessment and recommendations regarding the pollutant loading analysis, revisions to current model methodology, potential regulatory restrictions, and further monitoring shall be presented to the Board of County Commissioners for further direction. Policy Achievement Analysis: Policy 2.3.6 requires the County to only allow development activities which will not adversely impact coastal water resources. This is to be implemented by 1) requiring applicable Federal and State permits addressing water quality to be submitted to Collier County before Collier County issues a Final Development Order, 2) require projects, excluding single family homes, impacting 5 acres or more of wetlands to provide a pre and post development water quality analysis to demonstrate no increase in nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper loading in the post development scenario and 3) undertake an assessment of the current model used to evaluate these pre and post development pollutant loadings. Regarding, a pre - development vs. post - development analysis for nutrients, BOD, TSS, Pb, Zn, and Cu, LDC section 10.02.02 A.4.f indicates that the analysis shall be performed using "approved 15 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT methodologies" and only requires the analysis on nutrients. The methodology that has been used by the US Army Corps of Engineers and is being developed by the Florida Department of Environmental Protection is limited to nutrients (nitrogen and phosphorus). The original state stormwater regulations were based on a standard of 80 % removal of TSS. Current evaluations of Florida stormwater regulation indicate the design needs to address increasing concentrations of nutrients (nitrogen and phosphorus) in surface and ground water. Additionally other significant pollutants are more easily removed than nitrogen or phosphorus (Harper, 2007). The draft permitting handbook for the update of the state stormwater rule includes analysis only for nitrogen and phosphorus loadings (FDEP, 2009). In the new model the pre development conditions are now considered to be the conditions represented by the SWFFS Natural Systems Model. (This analysis model is very similar to that proposed in Evaluation of Alternative Stormwater Regulations for Southwest Florida, 2003)." The model proposed in the new stormwater rule is the preferred analysis, by staff. The FDEP evaluation of the stormwater rules in preparation of development of the proposed state -wide stormwater rule addressed the issues identified in section c. Harper (2007) indicates that in wet detention systems, nutrient treatment is primarily through the production of algae. He recommends that only the top 12 feet of un -mixed systems be considered in the water quality treatment requirement. (Deeper depths are recognized as storage of solids and treatment for other constituents.) This is also the recommendation of the "Applicant's Handbook" for the proposed rule. The choice of whether to aerate /mix wet detention systems or not is left to the applicant, but the treatment is only based on the aerated portion. Additionally, the monitoring of solids accumulation to identify when impacts to treatment volume is required annually. FDEP also studied runoff from native vegetative communities (Harper 2009) and reported runoff characteristics for nutrients and metals. Due to the change in emphasis of state regulatory programs limiting the loading analysis to nutrients and the studies that have been produced by FDEP to support the proposed stormwater rule, Collier County recommends removing the requirement for TSS, BOD, Pb, Zn, and Cu from the Policy in section b, and delete section c. Literature: Evaluation of Alternative Stormwater Regulations for Southwest Florida. Harvey Harper PhD., P.E., David M. Baker P.E.. Environmental Research & Design, Inc. 2003 Evaluation of Current Stormwater Design Criteria within the State of Florida. Harvey Harper PhD., P.E., David M. Baker P.E.. FDEP 2007 Environmental Resource Permit Stormwater Quality. Applicant's Handbook. Draft (July 2009). FDEP" Runoff Characteristics of Natural Vegetation Communities in Florida Draft Final Report September 2009. Harvey Harper PhD., P.E. 2009. FDEP OBJECTIVE 2.4: Collier County shall continue taking a coordinated and cooperative approach with the Florida Department of Environmental Protection (FDEP) regarding environmental planning, management and monitoring programs for Rookery Bay and Cape Romano — Ten Thousand Islands Aquatic Preserves and their watersheds. As part of this process, the County shall continue to notify FDEP of development projects within the watersheds of these preserve areas. Objective Achievement Analysis: Collier County is taking a continued, coordinated and cooperative approach with the Florida Department of Environmental Protection regarding planning, management and monitoring programs 16 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. There is an "agency" stakeholders group for the watershed plans and agency input is requested annually for the floodplain plan. The FDEP is notified of development projects within the watersheds of these preserve areas. Additionally, Coastal Zone Management (CZM) staff remains in contact with FDEP for all permitted issues as well as cooperate and coordinates with Rookery Bay with regard to water quality. Currently, FDEP is looking at changing the nutrient criteria specifications. CZM staff is working with FDEP, Rookery Bay, and other agencies for better criteria. This Objective remains relevant and should be retained. Policy Relevance: Policy 2.4.1: At a minimum the County shall notify Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy Achievement Analysis: The County notifies the Department of Environmental Protection of proposed land development projects that may affect the preserves identified in Objective 2.4. This Policy remains relevant and should be retained. Policy 2.4.2: The County shall request the Department of Environmental Protection staff to participate in the development of future coastal and watershed management plans. Policy Achievement Anal Policy 2.4.2 requires the County to request that the Department of Environmental Protection staff participate in the development of future coastal and watershed management plans. This Policy remains relevant and should be retained. Policy 2.4.3: The County will request the cooperation of the Department of Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. Policy Achievement Analysis: Rookery Bay staff has been invited to participate on the Watershed Management technical advisory team; no comments were received. Much of the water quality monitoring is funded by the Big Cypress Basin and requires water quality iruonnation be posted to the Florida STORET system, maintained by FDEP. Land use is primarily analyzed by GIS, using the SFWMD land use data bases which are updated on a 5 -year cycle. This Policy remains relevant and should be retained. OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. 17 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Objective Achievement Analysis: The estuarine management program has been implemented. The development of watershed management plans for the County has been included elsewhere in the CCME. The estuarine management program has been implemented through the following: 1. CCME Policies under Goals 2, 6, 7 and 11 2. LDC Sections 3.03.00 Coastal Zone Management 3.04.00 Protection of Endangered, Threatened, or Listed Species 3.05.01 Vegetation Removal, Protection, and Preservation 5.03.06 Dock Facilities (Protection of seagrass beds) 9.04.06 Variance to the Coastal Construction Setback Line 10.02.02.A Environmental Data Submittal Requirements 10.02.06.I Vehicle -on -the -Beach Regulations 3. Manatee Protection Plan 4. County water quality monitoring program 5. Artificial reef program 6. Waterways management program The Objective and associated Policies are no longer relevant and should be deleted. Policy Relevance: Policy 2.5.1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy Achievement Anal Policy is no longer relevant and should be removed (see Objective Achievement Analysis). Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy Achievement Analysis: Policy is no longer relevant and should be removed (see Objective Achievement Analysis). Policy 2.5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. Policy Achievement Analysis: Policy is no longer relevant and should be removed (see Objective Achievement Analysis). OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards. Ground water quality shall be monitored in order to determine whether development activities are contributing to the degradation of Collier County's ground water quality. Ground water data and land use activities will be assessed annually to determine long -term trends and whether the County is meeting Federal and State regulatory standards for ground water 18 CONSERVATION AND COASTAL MANAGEMENT ELEMENT quality. The County shall require ground water monitoring of land uses in accordance with Chapters 62 -520, 62 -550 and 62 -777 of the Florida Administrative Code. Upon the detection of any ground water degradation determined through the monitoring process, the County will notify the appropriate regulatory agencies. In a coordinated effort with the United States Geological Survey (USGS), or of its own accord, the County shall institute a groundwater monitoring network by 2008, including the comprehensive inventory of monitoring wells, an assessment of monitoring wells previously damaged, and policies to make appropriate well repairs and replacements. Objective Achievement Analysis: Collier County continues to implement numerous proactive programs designed to protect the County's ground water quality from man-made pollution sources. However, due to natural conditions impacting the water quality found in Collier County, some federal and state water quality conditions may not be achievable. Suggest Objective be worded similar to goal to "ensure highest water quality practical". A groundwater monitoring network was established by the County's Pollution Control Department in 2006. This monitoring network monitors sixty -three (63) ground water monitoring wells semiannually; dry and wet season. These wells provide limited monitoring of the following land uses; agriculture, commercial, golf course, park, rural residential, urban residential, utilities and wetland. Groundwater quality is assessed annually and provided to the appropriate regulatory agencies for further investigation of exceedances of State and Federal ground water quality standards. This network of monitoring wells encompasses wells owned by USGS, City of Naples, Collier County Wastewater Department and Collier County Water Department. Any monitoring well repairs or replacements would be done at the owner's discretion. In addition, Section 3.06 of the County's Land Development Code (Ground Water Protection) was developed to protect existing and future wellfields, protect natural aquifer system recharge areas, protect Countywide groundwater resources, and to protect the public health and resources through regulation and establishment of standards for development involving the use, storage, generation, handling, and disposal of quantities of hazardous products and hazardous waste in excess of identified quantities, disposal of sewage and effluent, storm water management, earth mining, petroleum exploration, solid waste, and other related aspects of land use and development. Since a groundwater monitoring network was established in 2006, suggest Objective 3.1 be revised to replace the second paragraph with "The County shall continue to institute a groundwater monitoring network." This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the establishment of the monitoring network in 2006; and, include a reference that monitoring activities are ongoing. Policy Relevance: Policy 3.1.1: Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W -1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). 19 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT b) W -2 is the land area between the W -1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield)._ c) W -3 is the land area between the W -2 boundary line and the twenty -five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W -3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones. b) Future solid waste transfer stations: prohibited in W -1, W -2, W -3. c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes: prohibited in W -1, W -2, W -3. d) Future non - residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W -1, W -2, W -3. e) Future domestic wastewater treatment plants: prohibited in W -1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W -1 and W -2, conditional use required in W -3 and W-4. i) Future on -site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W -1 subject to complying with construction standards and provision of an automatic dosing device and a low- pressure lateral distribution. j) On -site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W -1, W -2, and W -3 shall meet all construction and operating standards contained in 64E -10, F.A.C. as the rule existed on August 31, 1999 and shall implement a ground water monitoring plan. 3. Conditional uses shall be granted only in extraordinary circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. Policy Achievement Analysis: There is one (1) policy within this Objective. Policy 3.1.1 contains criteria for the identification of wellhead protection areas within the County's Future Land Use Map Series. This Policy remains relevant and should be retained, but paragraph 3 should be modified to: clarify the conditional use reference pertains to those conditional uses required b this policy, as opposed to all conditional uses allowed by the zoning district on a given property within a wellfield protection area; and, remove or clarify the term "extraordinary circumstances." Additionally, the Policy will be evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). OBJECTIVE 3.2: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. 20 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Objective Achievement Analysis: The Collier County Engineering Services Department works with staff from the Health Department and South Florida Water Management District in maintaining up -to -date construction standards for wells within the County. This Objective remains relevant and should be retained. Policy Relevance: Policy 3.2.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. Policy Achievement Analysis: There are five policies within this Objective. Policy 3.2.1 requires that County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County inspect the drilling and grouting process of all types of wells drilled in the County. This Policy is implemented through the County's Engineering Services Department, which has a well- drilling inspection program. This Policy remains relevant and should be retained. Policy 3.2.2: Implement the South Florida Water Management District's well construction standards in the Collier County Well Construction Ordinance that will provide for inspections and penalties if well drillers do not follow these standards. Policy Achievement Analysis: Policy 3.2.2 requires that the County implement the South Florida Water Management District's well construction standards within the Collier County Well Construction. This Policy is implemented through the County's Engineering Services Department, which has a well - drilling inspection program. This Policy remains relevant and should be retained. Policy 3.2.3: Collier County shall continue to provide informational materials and hold informational workshops (for well contractors, well drillers and the general public) concerning the importance of following proper well drilling and construction techniques in Collier County. Policy Achievement Analysis: Policy 3.2.3 requires that the County inform well contractors and drillers and the public on the necessity for proper well construction and hold workshops for well drillers on proper techniques for well construction in Collier County. Collier County recommends that this sentence be reworded for clarity. This Policy remains relevant and should be retained. 21 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy 3.2.4: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. Policy Achievement Analysis: The County is currently working with the South Florida Water Management District to identify and ensure abandoned wells are properly plugged. This Policy remains relevant and should be retained. OBJECTIVE 3.3: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub - Element.) Objective Achievement Anal: This Objective remains relevant and should be retained. However, the Policy will be evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). Policy Relevance: Policy 3.3.1: Maintain and refine a 3- dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Policy Achievement Analysis: Policy 3.3.1 requires the County to maintain and refine a 3- dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. This Policy remains relevant and should be retained. However, the Policy will be evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). Policy 3.3.2: Collier County shall use its three - dimensional computer model to calculate the actual "cones of depression" around the County's existing potable water wellfields. After at least 15 days publication of the maps of the proposed "zones of protection" for each such wellfield before each hearing by the EAC, Planning Commission and the Board of County Commission, the County shall then amend the appropriate elements of this Growth Management Plan to show such "cones of depression" as "zones of protection" within the Countywide Future Land Use Map Series. Policy Achievement Analysis: Policy 3.3.2 requires the County to use its 3- dimensional computer model to calculate cones of depression around potable wellfields, and after public hearings amend the Growth Management Plan to show cones of depression as zones of protection. 22 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. However, the Policy will be evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). Policy 3.3.3: Continue to identity and delineate existing land uses that possess the greatest potential for wellfield contamination. Policy Achievement Anal Policy 3.3.3 requires the County to continue to identity and delineate existing land uses that possess the greatest potential for wellfield contamination. This Policy remains relevant and should be retained. However, the Policy will be evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). OBJECTIVE 3.4 Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub - Element.) Objective Achievement Analysis: As noted within Objective 3.1 (above), the County's Pollution Control Department established a groundwater monitoring network that monitors sixty -three (63) ground water monitoring wells semiannually. These data are assessed annually and submitted to the South Florida Water Management District ( SFWMD), where these data are maintained within their DBHYDRO database. The SFWMD DBHYDRO database is located at: http: / /www.sf\vmd.gov /portal /page/portal /pg_grp sfwmd era/pg sfv4md era dbhydrobrowser ). Objective 3.4 references Objective 1.3 in the Natural Groundwater Aquifer Recharge Sub Element (NGARSE). This statement should reference Objective 3. This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the correct reference in the NGARSE - Objective 3. Policy Relevance: Policy 3.4.1: Continue the existing water quality monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy Achievement Analysis: Policy 3.4.1 requires the County to continue the existing water quality- monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. This Policy remains relevant and should be retained. 23 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy Achievement Analyais Policy 3.4.2 recommends that the County coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Data collected for the groundwater trend monitoring network is done so under contract with South Florida Water Management District's Big Cypress Basin office and in coordination with USGS. This ensures there is no duplication of efforts. This Policy remains relevant and should be retained. Policy 3.4.3: Groundwater quality monitoring data shall be assessed annually to determine whether monitoring and evaluation activities require expansion, modification or reduction. The data will also be assessed for the purpose of determining whether County groundwater protection ordinances should be amended. Policy Achievement Analysis: Policy 3.4.3 recommends that the County assess its own data annually to determine whether monitoring activities and County Ordinances require the expansion, modification or reduction of monitoring programs. Groundwater is assessed annually and provided to the appropriate regulatory agencies for further investigation of exceedances of State and Federal ground water quality standards. Comparisons are also made with existing land -use to determine if land -use is affecting groundwater quality. To date, no ordinances have been amended based on these results. This Policy remains relevant and should be retained. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3- dimensional ground water model. Policy Achievement Analysis: Policy 3.4.4 recommends that the County gather and use appropriate data to refine and improve the database used in the County's 3- dimensional ground water model. This Policy remains relevant and should be retained. However, the Policy will be evaluated to determine if it should be deleted from the CCME, as it already appears in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). OBJECTIVE 4.1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. Objective Achievement Analysis: The Collier County Pollution Control Department continues to maintain a database of private wells within Collier County. - 24 CONSERVATION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained Policy Relevance: Each of the subject policies references a potential data source for information to be used to implement the Objective. Policy 4. 1.1 references the computer database of the South Florida Water Management District. Policy 4.1.2 requires County staff to work with the agricultural community in Collier County in order to devise methodology for estimating agricultural pumpage rates. Finally, Policy 4.1.3 requires the County to collect data from various sources to evaluate water usage by native plant and animal communities. All of these policies should be retained. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy Achievement Analysis: The Collier County Water -Sewer District works with the South Florida Water Management District as much as possible to coordinate mutually beneficial efforts. This Policy remains relevant and should be retained. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, the Policy should be revised to indicate that the County, in coordination with the South Florida Water Management District, will devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, the Policy should be revised to indicate which County Department shall be responsible for the policy objectives. OBJECTIVE 4.2: The Collier County Water -Sewer District and the Collier County Water and Wastewater Authority will continue to promote conservation of Collier County's potable water supply and will continue to develop, implement and refine a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Objective Achievement Analysis: Collier County Ordinance 2002 -17, Water Irrigation Ordinance, restricts the hours of water irrigation in unincorporated Collier County to promote conservation. The Collier County Water -Sewer District also has an Irrigation Quality Water System that provides reclaimed water to golf courses, residential communities, County Parks, and roadway medians in Collier County to reduce the reliance on Potable Water. This Objective remains relevant and should be retained 25 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policv Relevance: Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy Achievement Analysis: The Collier County Water -Sewer District complies with South Florida Water Management District Water Shortage Orders during emergency situations. This Policy remains relevant and should be retained. Policy 4.2.2: The County shall negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where such treated effluent is available from existing and future wastewater treatment plants. Policy Achievement Analysis: The Collier County Water -Sewer District currently has agreements with golf courses to provide treated wastewater effluent for irrigation purposes, Irrigation Quality (IQ) Water. As more IQ Water becomes available, more courses will be added. This Policy remains relevant and should be retained. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy Achievement Analysis: The Collier County Water -Sewer District currently has agreements to provide IQ Water for irrigation of parks and roadway medians. As more IQ Water becomes available, more areas will be added. This Policy remains relevant and should be retained. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial /industrial parks, and incorporate these into future planning for effluent disposal. Policy Achievement Analysis: The Collier County Water -Sewer District currently does not provide IQ Water for irrigation purposes to cemeteries, agricultural operations, nurseries, or commercial /industrial parks due to lack of supply. As more IQ Water becomes available, these areas will be evaluated for addition to the system. This Policy remains relevant and should be retained. Policy 4.2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. 26 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: The Collier County Water -Sewer District is unable to control plumbing fixtures used after the water meter assembly or any landscaping. The Collier County Water -Sewer District supports the use of water conserving plumbing fixtures and landscaping. This Policy remains relevant and should be retained. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Objective Achievement Anal This Objective remains relevant and should be retained. Policy Relevance: Policy 5.1.1: The Future Land Use Element (FLUE) and the Golden Gate Area Master Plan (GGAMP) Element of this Growth Management Plan (GMP) delineate future land use designations, districts and /or subdistricts wherein mineral extraction operations are allowed, either by right, or through a conditional use permit. The Collier County Land Development Code (LDC) may allow mineral extraction activities in appropriate zoning districts, consistent with the provisions and limitations contained within this Plan. Policy Achievement Analysis: This Policy remains relevant and should be retained. Policy 5.1.2: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy Achievement Analysis: Policy 5.1.2 states that mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. This Policy remains relevant and should be retained. Policy 5.1.3: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1.) Policy Achievement Analysis: Policy 5.1.3 states that the depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. This Policy remains relevant and should be retained. 27 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy 5.1.4: Collier County shall monitor the status of all established state water quality monitoring programs for mineral extraction activities. The results of the permitted monitoring program shall be copied to Collier County. In the event that a mining operation is in violation of water quality parameters established by the permit, Collier County shall have the right to order a suspension of the mining activities until the water quality violation is resolved. Policy Achievement Analysis This Policy remains relevant and should be retained. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Objective Achievement Analysis. J" This Objective remains relevant and should be retained. Policy Relevance: Policy 5.2.1: Reclamation standards for mineral extraction activities shall be as required by the 1986 State of Florida Resource Extraction Reclamation Act, and as referenced in Section 22 -112, of the Collier County Code of Laws and Ordinances, as amended. Policy Achievement Analysis: This Policy remains relevant and should be retained. current statutory and local citations. However, the Policy should be revised to reflect OBJECTIVE 5.3: The Collier County Engineering Services Department shall periodically assess the types, quantities and location of minable mineral resources in Collier County. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the current departmental reference. Policy Relevance: Policy 5.3.1: The Collier County Engineering Services Department shall work with the Florida Department of Environmental Protection, the Florida Geological Survey and local mining industry officials to inventory and assess the existing mineral reserves in Collier County. The inventory and assessment will incorporate use of a GIS -based database of all areas within the County that are permitted, either by right, or through a conditional use permit, to conduct mineral extraction operations as well as the volume of fill that is permitted to be removed for each such active mineral extraction operation. 28 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 5.3.1 recommends that the County work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect the current departmental reference. OBJECTIVE 5.4: The County shall maintain its program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. Objective Achievement Analysis This Objective remains relevant and should be retained. Policy Relevance: Policy 5.4.1: Rely on the USDA Natural Resources Conservation Service to provide the County with appropriate soil conservation guidelines for agriculture. Policy Achievement Analysis: Policy 5.4.1 recommends that the County rely on the USDA Natural Resources Conservation Service to provide the County with appropriate soil conservation guidelines for agriculture. This Policy remains relevant and should be retained. OBJECTIVE 6.1: The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay. Objective achievement analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural- Industrial District and Rural - Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single - family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. 29 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT The following standards and criteria shall apply to the vegetation retention requirements referenced above. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to 30 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Coastal High Hazard Area Non - Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres. 10% Residential and Mixed Equal to or greater Equal to or greater than 5 Use Development than 2.5 acres 25% acres and less than 20 acres. 15% Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50 %, not to exceed 25% of 50 %, not to exceed 25% of the Industrial District only) the project site. project site. The following standards and criteria shall apply to the vegetation retention requirements referenced above. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to 30 CONSERVATION AND COASTAL MANAGEMENT ELEMENT facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless permitted for impact pursuant to Policy 6.2.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62 -345, F.A.C. d. Any upland habitat that serves as a buffer to a wetland area as identified in Paragraph (4)c. above, e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Loss of function to the preserve area includes a reduction or a change in vegetation within the preserve and harming any listed species present in the preserve. More specific standards that implement this policy shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts the naturally occurring, native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter 62 -302. F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). State and federal management plans consistent with the requirements of the LDC will be accepted. (7) Until the land development regulations addressed in Policy 6.1.1(11) are developed, exceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re- create a native plant community in all three strata (ground covers, shrubs 31 CONSER VA TION A ND COASTAL MANAGEMENT ELEMENT and trees), utilizing larger plant materials so as to more quickly re- create the lost nature vegetation. (8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement. (9) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered thro incentives including, but not limited to: clustered development, reduced developn standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (10) Within one year of the effective date of these amendments, the County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off -site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on -site will be preserved and appropriately managed off -site. (11) Right of Way acquisitions by any governmental entity for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area, shall be exempt from mitigation requirements. (12) Although the primary intent of this Policy is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. Within one year of the effective date of these amendments, the County shall adopt land development regulations to determine the circumstances for when creation or restoration is allowed and to specify criteria for creation and restoration. (13) The County may grant a deviation to the native vegetation retention requirements of this Policy, except for the Native Vegetation Retention Requirements Table, and provisions in Paragraphs 1, 2, 3, 6, and 7. Within one year of the effective date of these amendments, the County shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native 32 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing, or may be granted administratively. The County may grant a deviation if: a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or b. On or off -site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Policy Achievement Analysis: Policy 6.1.1 specifies that it is applicable to the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural - Industrial District and Rural - Settlement Area District as designated on the FLUM, and that native vegetation shall be preserved through the application of a series of preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. This Policy remains relevant and should be retained. However, the Policy should be modified to: include a reference to the June 2010 Land Development Code amendments that implement specific subsections of this Policy; correct scrivener's errors in subsections 6.1.1 (7 & 13); delete subsection 6.1.1 (7), since it is already addressed by Policy 6.1.1 (12); reference Land Development Code criteria that implements subsections 6.1.1 (12); and add an exemption from the native vegetation retention requirements for Federal and State parks, preserves and forests whose purpose is to manage land for conservation. Policy 6.1.2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation present, not to exceed 70% of the total site area, shall be preserved. Additionally, for residential development in Section 24, if the dwelling units are not clustered, a minimum of 90% of the slash pine trees present shall be retained. Further restrictions are identified in the North Belle Meade Overlay in the FLUE. [The preceding 2 sentences in italics were adopted 1/25/07 but will NOT be applied or implemented by Collier County. They relate to text in the Future Land Use Element's North Belle Meade Overlay that was found to be "not in compliance" by the Florida Department of Community Affairs in letter dated 5/1/07.] c. Non -NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: 33 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15 -foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under -story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co- located on a site, the native vegetation retention requirement shall be 30/0 of the native vegetation present, not to exceed 25% of the site. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover, emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element; d. Any upland habitat that serves as a buffer to a wetland area, as identified in (4)c. above. e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Criteria identifying what constitutes a loss of function shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land 34 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts on the naturally occurring, native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter, 62 -302 F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for all preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). (7) Off -site preservation shall be allowed to provide flexibility in the project design. a. Within Receiving and Neutral Lands, off -site preservation shall be allowed for up to 50% of the vegetation retention requirement. 1. Off -site preservation areas shall be allowed at a ratio of 1:1 if such off -site preservation is located within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Within non -NRPA Sending Lands, off -site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. 1. Off -site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3:1. c. Off -site preservation shall not be allowed in NRPA Sending Lands. (8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. (9) On -site preservation areas shall also conform to the Open Space requirements as specified in the Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. (10) Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; (11) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. 35 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 6.1.2 specifies that within the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of various vegetation retention standards and criteria. This Policy remains relevant and should be retained. However, the Policy should be modified to reflect the June 2010 Land Development Code amendments that implement specific subsections of the Policy; and, add an exemption from the native vegetation retention requirements for Federal and State parks, preserves and forests whose purpose is to manage land for conservation purposes. Policy 6.1.3 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, native vegetation shall be preserved pursuant to the RLSA policies found in the Future Land Use Element. Policy Achievement Analysis: Policy 6.1.3 requires that within the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, native vegetation shall be preserved pursuant to the RLSA policies found in the Future Land Use Element. This Policy remains relevant and should be retained. Policy 6.1.4: Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Petitioners for site plan or plats shall submit and implement plans for invasive exotic plant removal and long -tern control. (2) The petitioners for development permits shall prepare and submit native vegetation maintenance plans, which describe specific techniques to prevent re- invasion of the development site by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation species within the Collier County Land Development Code and will update such list as necessary. Policy Achievement Analysis: Policy 6.1.4 requires invasive exotic vegetation to be removed from all new developments and requires maintenance plans to prevent re- invasion of exotic vegetation in perpetuity. This Policy remains relevant and should be retained. Policy 6.1.5 Agriculture shall be exempt from the above preservation requirements contained in Policies 6.1.1, and 6.1.2 of this element provided that any new clearing of land for agriculture shall not be converted to non - agricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6.1.1 and 6.1.2 of this element shall be applied to the site at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. Agricultural clearing within the Rural Lands Stewardship Area (RLSA) Overlay shall be allowed and guided by the RLSA policies found in the FLUE. 36 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 6.1.5 stipulates that agricultural operations shall be exempt from the County's preservation requirements provided that any new clearing of land for agriculture shall not be converted to non- agricultural development for 25 years. The Policy remains relevant and should be retained. Policy 6.1.6: Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 - The requirements of Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use or Rezone petition was approved by the County prior to June 19, 2002; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses. Here-after, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S ( +1-360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. Policy Achievement Analysis: Policy 6.1.6 makes all existing land uses exempt from the native vegetation retention requirements of CCME Policy 6.1.2 if the effected land uses were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. This Policy remains relevant and should be retained. Policy 6.1.7 The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. This shall be accomplished by: (1) Providing incentives for retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation requirements for new landscaping; and, (3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Wet detention ponds within the Rural Fringe Mixed Use District, shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. (4) Stormwater management systems within the Rural Lands Stewardship Area (RLSA) Overlay shall be designed pursuant to the RLSA policies found in the Future Land Use Element. 37 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 6.1.7 states that the County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. This Policy is relevant and should be retained. Policy 6.1.8: An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as specified in the County's land development regulations, is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. The County's land development regulations shall establish the criteria for determining the type of proposed development requiring an EIS, including the size and nature of the proposed development, the location of the proposed development in relation to existing environmental characteristics, the degree of site alterations, and other pertinent information. Policy Achievement Analysis: Policy 6.1.8 stipulates that a County Environmental Impact Statement (EIS) or submittal of appropriate environmental data is required so as to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community. The Land Development Code amendments to implement this Policy were completed in June 2010. This Policy remains relevant and should be retained. Policy 6.1.9 The County shall provide for adequate staff to implement the policies supporting Objective 6.1. Policy Achievement Analysis: Policy 6.1.9 requires that the County provide for adequate staff to implement the policies supporting Objective 6.1. This Policy remains relevant and should be retained. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measurable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. Objective Achievement Analysis: This Objective remains relevant and should be retained. 38 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy Relevance: Policy 6.2.1 As required by Florida Administrative Code W5- 5.006(1)(b), wetlands identified by the 1994 -95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. Policy Achievement Anal Policy 6.2.1 requires that wetlands as identified by the 1994 -95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas are to be verified by jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. This Policy remains relevant and should be retained. However, the Policy should be revised to include the correct Florida Administrative Code reference - "W- 5.006(1)(b) "; and, include the current SFWMD land use and land cover inventory reference. Policy 6.2.2 Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of jurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. Policy Achievement Analysis: Policy 6.2.2 requires that wetlands be defined pursuant to Section 373.019 Florida Statutes. The Policy notes that locations of jurisdictional wetland boundaries are further described by the delineation methodology described in Section 373.421 Florida Statutes. This Policy remains relevant and should be retained. Policy 6.2.3: Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. This wetland preservation and conservation process shall be coordinated with the Watershed Management Plan process, as referenced in Objective 2.1 of this Element. However, the process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large interconnected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the County's Urban boundary, as delineated on the Countrywide Future Land Use Map (FLUM), within the Future Land Use Element (FLUE). Many of these wetlands fall within public lands or land targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRPA or Sending designations within the Rural Fringe Mixed Use District or land /easement acquisition, or innovative landowner incentives. Protection measures for wetlands and wetland systems located within the northeastern portion of Collier County, excluding the community of Immokalee, are contained in the Rural Lands Stewardship Area Overlay (RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection measures for wetlands and wetland systems located within the Urban and Estates designated areas of the County shall be based upon the 39 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, the permitting agency's mitigation requirements shall be deemed to preserve and protect wetlands and their functions, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems through implementation of the following protection and conservation mechanisms: (1) Conservation Designation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundaries of the Conservation Designation as depicted on the Countywide Future Land Use Map. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non - residential development. These limitations support Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) Big Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V.) specify that site alterations shall be limited to 10% of the total site. The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow -ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation, Section V.C. These areas include high functioning wetland systems and, although portions of the NRPA Overlay include lands within the Conservation Designation, represent approximately 12% of the County's wetlands, which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses within NRPAs are also subject to native vegetation retention and preservation standards of 90 %. (4) Rural Fringe Mixed Use District Sending Lands Best available data indicates that 16,000+ acres of wetlands are contained within designated Sending Lands and that such wetlands constitute approximately 70% of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive -based Transfer of Development Rights (TDR) Program that allows land owners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District (and limited Urban) Receiving Lands. A complete description of the TDR Program is contained in the FLUE, Future Land Use Designation Description Section, Agricultural /Rural Designation, Rural Fringe Mixed Use District. 40 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Incompatible land uses are also directed away from Sending Lands through restrictions on allowable uses. Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90 %, as required by Policy 6.7.1 of this Element. (5) Flowway Stewardship Areas [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] Flowway Stewardship Areas have been designated within the Rural Lands Stewardship Area Overlay (RLSA), as depicted on the Future Land Use Map, and are shown on the Rural Lands Study Area Natural Resource Index Map Series. Flowway Stewardship Areas (FSAs) are for the most part privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the principal wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs through the creation and transfer of Stewardship Credits. It also contains provisions that eliminate incompatible uses from the FSAs and, which establish protection measures. (6) Watershed Management Plans Collier County will establish watershed management plans throughout the County, but with particular emphasis on the Urban and Estates designated areas. These watershed management plans shall be established in accordance with Objective 2.1 of this Element and will include the preservation or, where feasible, creation of landscape - scale wetland conservation areas to act as habitat, natural water quality treatment and water quantity retention /detention areas. The County shall direct incompatible land uses away from such large -scale wetlands. Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural- Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area and wetlands that are part of an established watershed management plan, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA Overlays, and Rural Fringe Sending Lands. On a project- specific basis, wetlands and wetland functions shall be protected through the following mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting; (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 6.2; (4) Clustering provisions specified in the Rural Fringe Mixed Use District of the FLUE (5) The protection of wetlands that are part of an established watershed management plan, as per Objective 2.1 of this Element. (6) Land or easement acquisition. (7) Land owner incentives, such as transferable development rights, tax relief, or USDA grants for restoration. Policy Achievement Analysis: Policy 6.2.3 requires Collier County to implement a comprehensive process to ensure that wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetland systems. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or through the 41 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Natural Resource Protection Areas or Sending designations in the Rural Fringe Mixed Use District. The large connected wetland systems that exist at the landscape scale in Collier County are protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. This Policy remains relevant and should be retained. Policy 6.2.4: Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: (1) Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. (2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of single - family residences, which are not part of an approved development or are not platted, unless the residences are within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to the issuance of a final local development order permitting site improvements. (3) Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public or private conservation entity; wetlands that are part of an approved watershed management plan, as per Objective 2.1 of this Element; and other areas appropriate for mitigation, such as flow ways and areas containing habitat for animal listed species. (4) Within the Immokalee Urban Designated Area, there may exist high quality wetland systems connected to the Lake Trafford /Camp Keais Strand system. These wetlands require greater protection measures than wetlands located in other portions of the Urban Designated Area, and therefore the wetland protection standards set forth in Policy 6.2.5 shall apply in this area. This area is generally identified as the area designated as Wetlands Connected To Lake Trafford /Camp Keais Strand System on the Immokalee Future Land Use Map and is located in the southwest Immokalee Urban designated area, connected to the Lake Trafford /Camp Keais System. Within one (1) year of the effective date of these amendments, the County shall adopt land development regulations to determine the process and specific circumstances when the provisions of Policy 6.2.5 will apply. Policy Achievement Analysis: Policy 6.2.4 requires that within the Urban Designated area, the County is to rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. This policy is implemented through various mitigation strategies. The adoption of the Land Development Code amendment to implement the process and identify specific circumstances when the provisions of 42 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy 6.2.5 shall apply to Wetlands Connected to the Lake Trafford/Camp Keais Strand System on the Immokalee Future Land Use Map will have to be revised. The Land Development Code amendment was delayed until revisions to the Immokalee Area Master Plan are adopted. Revisions to the lmmokalee Area Master Plan should be completed by the beginning of 2011. This Policy remains relevant and should be retained. Policy 6.2.5: Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford /Camp Keais Strand System which is contained within the Immokalee Urban Designated Area, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: a. The acreage requirements of Policy 6.1.2 of this element shall be met be preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (2) of this policy. Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a WRAP score greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score of greater than 0.7 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. (2) In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg -001, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation Assessment Method, F.A.C. Chapter 62 -345. The applicant shall submit to County staff, agency accepted WRAP scores or Uniform Wetland Mitigation Assessment Method scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph (1) above. (3) All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of this policy. (4) Single family residences shall follow the requirements contained within Policy 6.2.7 of this element. (5) The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50 -foot vegetated upland buffer adjacent to a natural water body, and for other wetlands a minimum 25 -foot vegetated upland buffer adjacent to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50 %. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards: 43 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. e. A structural buffer may consist of a stem -wall, berm, or vegetative hedge with suitable fencing. (6) Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. a. Mitigation Requirements: 1. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less than the acreage being impacted. 2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 3. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. 4. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (6)a.1, (6)a.2, and (6)a.3 of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. 5. Mitigation requirements for single - family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Policy 6.2.7 of this element. b. Mitigation Incentives: 1. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and vegetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited, to the following: (a) Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed Use District Sending Lands, (b) Creating, enhancing or restoring wading bird habitat to be located near wood stork, and/or other wading bird colonies. 3. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific criteria in the LDC to implement this incentive program, and to identify other mitigation priorities. 44 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 6.2.5 requires that within the Rural Fringe Mixed Use District, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2. This Policy remains relevant and should be retained. However, Section 6.2.5 (6)(5)(b)(3) should be deleted, as the specific criteria to implement the incentive program and to identify other mitigation priorities have been adopted into the Land development Code. Policy 6.2.6: Within the Urban Designation and the Rural Fringe Mixed Use District, required wetland preservation areas, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. Policy Achievement Analysis: Policy 6.2.6 stipulates that within the Urban Designation and the Rural Fringe Mixed Use District, required wetland preservation, buffer areas, and mitigation areas are to be dedicated as conservation and common areas in the form of conservation easements and are to be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas must also be depicted on the PUD Master Plan. This Policy remains relevant and should be retained. Policy 6.2.7: Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: (1) For single - family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland - related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern, Collier County shall inform applicants for individual single - family building permits that federal and state wetland permits may be required prior to construction unless the proposed residence is within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to the issuance of a building permit. The County shall also notify the applicable federal and state agencies of single - family building permits applications in these areas. (3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County shall incorporate certain preserved and /or created wetlands and associated uplands into the 45 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT County's approved watershed management plans, as per Objective 2.1 of this Element. The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single - family building permits within or adjacent to such wetlands, subject to appropriate mitigation requirements, which preserve the functionality of the wetland within the applicable watershed management plan. For a proposed residence which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, the appropriate jurisdictional permit is required prior to the issuance of a building permit. (4) Collier County shall continue to work with federal and state agencies to identify properties that have a high probability of wetlands and animal listed species occurrence. The identification process will be based on hydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if the process is sufficiently accurate to require federal and state wetland approvals prior to the issuance of a building permit within these areas. The County shall use information on wetland and/or listed species occurrence to inform property owners of the potential existence of wetlands and%or listed species on their property. (5) Within one year after Watershed Management Plans are accepted by the Board of County Commissioners, Collier County shall develop and implement additional means to protect wetland systems identified in each Plan for preservation or restoration. Means to consider include innovative landowner incentives, transferable development rights, tax relief, land or easement acquisition, state and federal grants, and enhanced regulations. Policy Achievement Analysis: Policy 6.2.7 stipulates that within the Estates Designated Area and the Rural Settlement Area, the County is to rely on the wetland jurisdictional determinations and permit requirements issued by the applicable Jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. This Policy remains relevant and should be retained. Policy 6.2.8 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, wetlands shall be preserved pursuant to the RLSA Overlay policies found in the Future Land Use Element. Policy Achievement Analysis. Policy 6.2.8 stipulates that for the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, wetlands are to be preserved pursuant to the RLSA Overlay policies found in the Future Land Use Element. This policy was adopted as part of the County's Eastern Lands Study Area Amendments. This Policy remains relevant and should be retained. OBJECTIVE 6.3 The County shall protect and conserve submerged marine habitats. Objective Achievement Anal The County continues to protect and conserved submerged marine habitats. For example, the County''° has a very extensive waterway marker program. This Program consists of permitting waterways 46 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT markers (red and green dayboards, regulatory markers and informational markers) through FWC, USCG, and FDEP. There are over 400 signs throughout Collier County. These markers help protect submerged resources such as seagrass. This Objective remains relevant and should be retained. Policy Relevance: Policy 6.3.1 The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100 feet of shoreline where impacts to sea -grass beds are less than 100 square feet. When more than 100 square feet of sea -grass beds are impacted, then no more than 10 boat slips for every 100 feet of shoreline are allowed. Policy Achievement Anal Policy 6.3.1 stipulates that the amount of permitted wet slips for marinas is to be no more than 18 boat slips for every 100 feet of shoreline where impacts to sea -grass beds are less than 100 square feet. When more than 100 square feet of sea -grass beds are impacted, then no more than 10 boat slips for every 100 feet of shoreline are allowed. This Policy remains relevant and should be retained. Policy 6.3.2 Impacts to sea -grass beds shall be minimized by locating boat docks more than 10 feet from existing sea -grass beds. Where this is not possible, boat docks shall be sited to impact the smallest areas of sea -grass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. Policy Achievement Analysis: Policy 6.3.2 stipulates that impacts to sea -grass beds are to be minimized by locating boat docks more than 10 feet from existing sea -grass beds. Where this is not possible, boat docks are to be sited in such manner as to impact the smallest area of sea -grass beds possible, and to be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. This Policy remains relevant and should be retained. Policy 6.3.3 The protection of sea -grass beds shall be a factor in establishing new, or revising existing, speed zones to regulate boat traffic. Policy Achievement Analysis: Policy 6.3.3 states that the protection of sea -grass beds is to be a factor in establishing new, or in revising existing, speed zones to regulate boat traffic. Due to the new FWC Rule Change, FWC does not allow for speed zones to be established based on benthic resources. This Policy is no longer relevant and should be deleted. OBJECTIVE 6.4 The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. 47 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 6.4.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy Achievement Anal Policy 6.4.1 requires the County to continue to coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. This Policy remains relevant and should be retained. Policy 6.4.2: Collier County shall continue to coordinate with adjacent Counties when reviewing proposed land development projects that would have an impact on ecological communities in one or more of the adjacent Counties. Policy Achievement Analysis: Policy 6.4.2 requires the County to continue to coordinate with adjacent Counties when reviewing proposed land development projects that would have an impact on ecological communities in one or more of the adjacent Counties. This Policy remains relevant and should be retained. Policy 6.4.3: Collier County shall continue to coordinate with adjacent governmental jurisdictions when making management decisions regarding ecological communities shared by Collier County and one or more adjacent jurisdictions. Policy Achievement Analysis. Policy 6.4.3 requires the County to continue to coordinate with adjacent governmental jurisdictions when making management decisions regarding ecological communities shared by Collier County and one or more adjacent jurisdictions. This Policy remains relevant and should be retained. OBJECTIVE 6.5: The County shall protect natural reservations from the impact of surrounding development. For the purpose of this Objective and its related policies: natural reservations shall include only Natural Resource Protection Areas (NRPAs) and designated Conservation Lands on the Future Land Use Map; and, development shall include all projects except for permitting and construction of single - family dwelling units situated on individual lots or parcels. This 48 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Objective and its Policies shall apply only to the Rural Fringe Mixed Use district [except as noted in Policy 6.5.3]. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 6.5.1: All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. Policy Achievement Analysis: Policy 6.5.1 requires all requests for development contiguous to natural reservations, to be reviewed as part of the County's development review process. This Policy remains relevant and should be retained. Policy 6.5.2: The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: (1) The required open space shall be used to provide a buffer between the project and the natural reservation. Open space allowed between the project's non -open space uses and the boundary of the natural reservation shall include those areas of natural preserves, natural or man -made lakes, golf courses, recreational areas, required yard set -back areas, and other natural or man -made open space requirements. Existing agricultural operations shall be allowed within the open space requirements with additional agricultural clearing allowed subject to best management practices, consistent with the provisions of the Right to Farm Act. a. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: (1) preservation areas; (2) golf course roughs maintained in a natural state; (3) stormwater management areas; (4) pervious nature trails and hiking trails limited to use by nonmotorized vehicles. b. The uses in paragraph a above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. Within the Rural Fringe Mixed Use District, these more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. c. in addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent natural reservation, the open spaces identified in sub - sections 1.a.(1) through (3) are considered acceptable for placement within a buffer as specified below: (1) Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests —1,500 feet; (2) Wading bird roost — 300 feet; (3) These buffer distances shall only apply to the identified entity within the natural reservations. 49 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT (4) These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. d. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Policy 6.1.1 and 6.1.2 of this element. e. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the natural reservation. The County shall consider the recommendations from the USFWS and the FFWCC in the delineation of the corridors. Appropriate accommodations include: (1) Use of fences, walls or other obstructions to encourage wildlife to use natural corridors or to separate wildlife corridors from areas of human activity, (2) Location of roads away from identified corridors; (3) Use of appropriate roadway crossings, underpasses and signage where it is unavoidable for roadways to cross wildlife trails; (4) Any other techniques recommended by the USFWS and the FFWCC. f. Outside of this open space buffer, other permitted uses shall be located in such a manner as to place the most intensive land uses the furthest distance from the natural reservation. g. The County shall consider the recommendations by the USFWS and the FFWCC when considering the placement of open space next to natural reservations and setback distances from listed species as noted above. Any such changes shall be deemed consistent with the Growth Management Plan. (2) The wildlife protection criteria of Policy 7.1.1 shall also apply. (3) Within the Rural Fringe Mixed Use District, stormwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one - half inch of dry retention or retention pretreatment as specified in Section 5.2.2(b), of the SFWMD's Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, August 2000. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review. Policy Achievement Analysis: Policy 6.5.2 stipulates specific criteria are to apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations. This Policy remains relevant and should be retained. Policy 6.5.3: Criteria contained in the County's Rural Lands Stewardship Area (RLSA) Overlay shall apply to development within the RLSA that is contiguous to natural reservations. Policy Achievement Analysis: Policy 6.5.3 states that criteria contained in the County's Rural Lands Stewardship Area (RLSA) Overlay are to apply to development within the RLSA that is contiguous to natural reservations. This Policy remains relevant and should be retained. 50 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT OBJECTIVE 7.1: The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A- 27.004, and 68A- 27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 7.1.1 incompatible land uses are directed away from listed species and their habitats by the following mechanisms: (1) Conservation Designation on the Future Land Use Map The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have high wildlife value. The allowed land uses specified in the FLUE's Conservation Designation will accommodate limited residential development and future non - residential development. These limitations help direct many incompatible land uses away from listed species and their habitats contained in this Future Land Use Designation. (Reference FLUE: Future Land Use Designation, Description Section.) (2) Big Cypress Area of Critical State Concern Overlay (ACSC) The land development regulations contained in the ACSC Overlay district provide standards that facilitate the goal of directing incompatible land uses away from listed species and their habitats. (Reference FLUE: Future Land Use Designation, Description Section.) (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats (Reference CCME: Objective 1.3). These areas describe large, intact and relatively unfragmented habitats important for many listed species. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements.) The NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. (4) Sending Lands (Transfer of Development Rights): Sending Lands are those lands that have a high degree of environmental value and sensitivity and generally include wetlands, uplands, and habitat for listed species. Due to their high environmental value, Sending Lands are targeted for preservation and conservation either through acquisition or through incentives for private property owners. Privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are considered to be Sending Lands. Allowable land uses within Sending Lands are specified in the FLUE: Future Land Use Designation, Description Section, B. Rural Fringe Mixed Use District. These limitations help direct many incompatible land uses away from listed species and their habitats. (5) Habitat Stewardship Areas (HSAs) 51 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT Listed animal and plant species and their habitats shall also be protected through the establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay. HSAs are privately owned agricultural areas, which include areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat and help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credits resulting in the elimination of incompatible uses and the establishment of protection measures. (Reference FLUE: RLSA Overlay.) Policy Achievement Analysis: Policy 7. 1.1 summarizes provisions within the Future Land Use Element for directing incompatible land uses away from listed species and their habitats. This Policy remains relevant and should be retained. Policy 7.1.2 Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission ( FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors 1. The following references shall be used, as appropriate, to prepare the required management plans; a. South Florida Multi- Species Recovery Plan, USFWS, 1999. b. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. c. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. d. Ecology and Development - Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 52 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT e. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large -scale Development Sites in Florida, Nongame Techincal Report No. 13, . Florida Game and Fresh Water Fish Commission, 1993. 2. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subject to the provisions of paragraph (3) of this policy. 3. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requirement contained in Policy 6.1.1 and Policy 6.1.2 this element. The County shall also consider the recommendations of other agencies, subject to the provisions of paragraph (3) of this policy. (b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on -site preserve and the need to maintain the scrub vegetation. 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. (d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. 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. (e) For the red - cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. 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. (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear -proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. (g) For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood 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 53 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT vegetative communities and provide browse for white - tailed deer. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (h)ln order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of Policy 7.1.2(3). (i) The Management Plans shall contain a monitoring program for developments greater than 10 acres. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. Policy Achievement Analysis: Policy 7.1.2 provides guidelines and standards for directing non - agricultural development, except for individual single - family residences, away from listed species and their habitats. This policy does not apply to lands located within the RLSA. This Policy remains relevant and should be retained. However, the Policy should be modified to remove the references to specific wildlife publications and plans listed in the Policy; add a general reference to publications utilized by the FFWCC and USFWS as their technical assistance, since the most current information used by these agencies should be used in protecting listed species; and, delete the reference to mitigation for black bear habitat, as no such mitigation is required by the FFWCC or USFWS. Policy 7.1.3 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, listed species shall protected pursuant to the RLSA policies found in the Future Land Use Element. Policy Achievement Analysis: Policy 7.1.3 requires that, for the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, listed species are to be protected pursuant to the RLSA policies found in the Future Land Use Element. This Policy remains relevant and should be retained. Policy 7.1.4 All development shall comply with applicable federal and state permitting requirements regarding listed species protection. Policy Achievement Analysis: Policy 7.1.4 states that all development shall comply with applicable federal and state permitting requirements regarding listed species protection. „mot,. This Policy remains relevant and should be retained. 54 CONSER VATION AND COASTAL MANAGEMENT ELEMENT Policy 7.1.5 The County shall provide for adequate staff to implement the policies supporting Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A- 27.004, and 68A- 27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Policy Achievement Analysis: Policy 7.1.5 states that the County shall provide for adequate staff to implement the policies supporting Objective 7.1. This Policy remains relevant and should be retained. Policy 7.1.6: The County shall evaluate the need for the protection of listed plants and within one (1) year of the effective date of this amendment adopt land development regulations addressing the protection of listed plants. Policy Achievement Analysis: This Policy is no longer relevant and should be deleted, as the Land Development Code amendment to implement this Policy has been adopted. OBJECTIVE 7.2 Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.1 through 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents. Objective Achievement Analysis: Collier County's Manatee Protection Plan (NR- SP- 93 -01) was adopted into the Collier County Land Development Code (LDC, Section 2.6.22 by adoption of Ordinance No. 95 -58) in May of 1995, but was not officially adopted into the County's Growth Management Plan until December 16, 2003, with the adoption of Ordinance 2003 -67. The Manatee Protection Plan (MPP) has played a pivotal role in the Florida Fish and Wildlife Conservation Commission's (FFWCC) decision - making process since its adoption. In the years since the MPP was adopted, the FFWCC's Bureau of Protected Species Management's permitting staff has depended primarily upon the MPP to provide consistent direction for the siting of boat facilities within Collier County's jurisdictional waters. Moreover, the MPP lays out regulatory groundwork for the protection of manatee habitat, such as seagrass beds. This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the most up -to -date, best available data on manatee deaths in Collier County waters. Policy Relevance: Policy 7.2.1: The County shall apply the marina siting criteria contained in the Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats. Policy Achievement Analysis: 55 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy 7.2.1 states that the County shall apply the marina siting criteria contained in the Collier County Manatee Protection Plan (NR- SP- 93 -01) in order to direct increased boat traffic away from sensitive manatee habitats. This Policy remains relevant and should be retained. Policy 7.2.2: Sea -grass beds shall be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element. Policy Achievement Anal Policy 7.2.2 stipulates that sea -grass beds are to be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect the proposed deletion of Policy 6.3.3, as it is no longer relevant. Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 10.1.5 of this Element). The County shall maintain the manatee protection speed zones that were adopted in the Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed. Policy Achievement Analysis: Policy 7.2.3 states that in order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. The Policy also requires the County to maintain the manatee protection speed zones that were adopted in the Collier County Manatee Protection Plan and to make revisions as needed. The County is also to continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed. This Policy remains relevant and should be retained. OBJECTIVE 7.3: Analysis of historical data from 1996 -1999 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 5% of the hatchlings from all nests in the County. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the most up -to -date, best available data on sea turtle disorientation as follows, "Analysis of historical data from 2005 — 2009 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 4% of all the nests in the County..." 56 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy Relevance: Policy 7.3.1: The County shall apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlings from adverse lighting conditions. Policy Achievement Anal Policy 7.3.1 requires the County to apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlings from adverse lighting conditions. This Policy remains relevant and should be retained, but the reference to Policy 7.1.2(2)(i) should be revised to read, 7.1.2(2)(h). Policy 7.3.2: County staff shall conduct regular inspections to ensure coastal properties comply with proper lighting conditions and with applicable prohibitions of overnight storage of furniture and other equipment during sea turtle season (May 1 through October 30). Policy Achievement Analysis: Policy 7.3.2 requires Collier County to conduct regular inspections to ensure coastal properties comply with proper lighting conditions and with applicable prohibitions of overnight storage of furniture and other equipment during sea turtle season (May 1 through October 30). This Policy remains relevant and should be retained. Policy 7.3.3: The County shall update the public awareness materials designed to inform coastal residents and visitors how they can protect sea turtles. Policy Achievement Analysis: Policy 7.3.3 requires the County to update the public awareness materials designed to inform coastal residents and visitors how they can protect sea turtles. This Policy remains relevant and should be retained. OBJECTIVE 7.4: The County shall continue to improve marine fisheries productivity by building additional artificial reefs. Objective Achievement Analysis: The Coastal Zone Management (CZM) Department has an extensive artificial reef program. The Program consists of monitoring and reef clean-ups for debris removal and deployments. Collier County submits grants on a yearly basis to FWC for artificial reef deployments. Since 2004, Collier County has deployed over 3,000 tons of concrete material to FDEP/USACOE permitted spots. This Objective remains relevant and should be retained. 57 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT Policy Relevance: Policy 7.4.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy Achievement Anal Policy 7.4.1 states that the County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Collier County applies for artificial reef grants through FWC on a yearly basis. Since 2004, the Coastal Zone Management (CZM) Department has been awarded three FWC grants for reef monitoring and deployment. Also, CZM staff has applied for other grants through NOAA for marine debris removal. This Policy remains relevant and should be retained. However, the Policy should be revised to refer to other funding opportunities rather than limit to grants only. Policy 7.4.2: The County will coordinate its activities with the Florida Department of Environmental Protection, the Marine Extension Office and other appropriate agencies. Policy Achievement Analysis: Policy 7.4.2 recommends that the County will coordinate its activities with the Florida Department of Environmental Protection, the Marine Extension Office and other appropriate agencies. The Coastal Zone Management (CZM) staff works closely with all permitting agencies as well as with the Sea Grant Extension Office. The current Sea Grant agent is part of the CZM dive team that assists in grant writing and public outreach. This Policy remains relevant and should be retained. OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and State air quality standards. Objective Achievement Anal: Collier County has implemented numerous proactive programs designed to protect Collier County's air quality from man-made pollution sources. In addition, Collier County has also entered into an agreement with the Florida Department of Environmental Protection to maintain an ambient air quality monitoring station to monitor air quality in Collier County. Finally, the Collier County Pollution Control Department refers air pollution problems to the Florida Department of Environmental Protection, Florida Division of Forestry, and local fire departments as appropriate to enhance the County's ability to effectively coordinate efforts to meet this objective. This Objective remains relevant and should be retained. Policy Relevance: Policy 8.1.1: The County will rely on the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. 58 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Anal Policy 8.1.1 stipulates that the County will rely upon the expertise of the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments, as appropriate, and within their jurisdictions to permit and visually inspect air pollutant sources in the County. This Policy remains relevant and should be retained. Policy 8.1.2: The County will receive complaints concerning air pollution problems and refer such complaints to the Florida Department of Environmental Protection, the Florida Division of Forestry, or the local fire departments as appropriate. Policy Achievement Analysis. Policy 8.1.2 lays out the protocol for how the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Protection, Florida Division of Forestry, or the local fire departments as appropriate. This Policy remains relevant and should be retained. Policy 8.1.3: Collier County shall act to reduce air pollution from automobile emissions through continuation of the following procedures: 1. The Collier County Sheriffs Office will continue to enforce vehicle exhaust emissions standards. 2. As part of its development review process, Collier County will require the construction of sidewalks, bicycle lanes or bicycle paths in all new subdivisions. 3. The County will construct sidewalks, bicycle lanes or bicycle paths in conjunction with County- funded transportation improvements. Policy Achievement Analysis: Policy 8.1.3 requires action from the County and Sheriff s Department to reduce automobile emissions through various activities. This Policy remains relevant and should be retained. Policy 8.1.4: Collier County shall continue to develop and maintain a comprehensive county -wide air quality monitoring program. Policy Achievement Anal Policy 8.1.4 requires Collier County to develop and maintain a comprehensive county -wide air quality monitoring program. Collier County presently operates and maintains only one state owned ambient air quality monitoring station under an agreement with the Florida Department of Environmental Protection (FDEP). This Policy remains relevant and should be retained. 59 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT OBJECTIVE 9.1: The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. i Objective Achievement Analysis: This objective continues to be relevant and should be retained. Policy Relevance: Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Federal Title III, the Superfund Amendments and Reauthorization Act (SARA). Policy Achievement Anal Policy 9.1.1 states that the plan (i.e., the hazardous materials emergency response element) is to be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Title III, the Superfund Amendments and Reauthorization Act (SARA). This Policy remains relevant and should be retained. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially for the Cities of Naples, Marco Island and Everglades City) including the responsibilities and duties of each agency. Policy Achievement Analysis: Policy 9.1.2 states that the plan is to identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts, including the responsibilities and duties of each agency. This Policy remains relevant and should be retained as written. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy Achievement Analysis: Policy 9.1.3 states that the plan shall identify emergency notification procedures and lines of communication among reacting agencies. This Policy remains relevant and should be retained. Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy Achievement Analysis: Policy 9.1.4 requires that the plan provide a description of community and industry emergency equipment and facilities and to identify persons responsible for such equipment and facilities. 60 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy Achievement Anal Policy 9.1.5 requires that the plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. This Policy remains relevant and should be retained. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy Achievement Analysis: Policy 9.1.6 requires a training program to be developed for emergency response personnel. This Policy remains relevant and should be retained, but the Policy should be revised to reflect that a training program has been established. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. Policy Achievement Analysis: Policy 9.1.7 tasks the Collier County Emergency Management Department with developing, implementing and periodically updating the hazardous materials emergency response element. This Policy remains relevant and should be retained, but the Policy should be revised to reflect current departmental reference. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Objective Achievement Anal: The County conducts onsite hazardous waste /materials compliance assistance and verification inspections that comply with Florida Statute 403.72 and this objective. This Objective remains relevant and should be retained. Policy Relevance: Policy 9.2.1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. 61 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 9.2.1 states that, during the verification visits, the County will advise businesses on proper management and disposal of hazardous wastes and will encourage the reduction of hazardous waste through recycling. I This Policy remains relevant and should be retained. Policy 9.2.2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. Policy Achievement Analysis: Policy 9.2.2 requires that the verification visits will concentrate on businesses generating waste, oil and spent solvents and other hazardous waste in areas close to potable wellfields. This Policy remains relevant and should be retained. Policy 9.2.3: The Collier County Pollution Control and Prevention Department shall work with the Florida Department of Environmental Protection (FDEP) to establish a new cooperative agreement between the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous waste management regulations. Policy Achievement Analysis: Policy 9.2.3 states that, Collier County Pollution Control Department shall work with the Florida Department of Environmental Protection (FDEP) to establish a new cooperative agreement between the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous waste management regulations. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect that the cooperative agreement has been established and will be maintained; suggest deleting "establish a new" and replace with, "and maintain a ". OBJECTIVE 9.3: The Collier County Solid Waste Department collection day at least once per year. shall continue to hold its hazardous waste Objective Achievement Anal This objective continues to be relevant and should be retained. Policy Relevance: Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. Policy Achievement Analysis: Policy 9.3.1 states that the hazardous waste collection day will target residential households but will also allow small businesses to participate to some extent. 62 CONSERVATION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. OBJECTIVE 9.4: The County shall continue to implement its local storage tank compliance program. Objective Achievement Analysis: Collier County continues to conduct annual compliance inspections of pollutant storage tanks, inspects the closure of old tanks and the installation of new tanks, and responds to storage tank pollutant releases to ensure proper cleanup and facility corrective actions, under contract with the Florida Department of Environmental Protection,. This Objective remains relevant and should be retained. Policy Relevance: Policy 9.4.1: The County shall implement provisions of the contract with the Florida Department of Environmental Protection under the Federal Title III, the Superfund Amendments and Reauthorization Act (SARA) provisions in order to avoid any duplication of effort. Policy Achievement Analysis: Policy 9.4.1 states that the County will implement provisions of the contract with the Department of Environmental Protection under the Superf ind Act provisions in order to avoid any duplication of effort. This Policy remains relevant and should be retained. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. Policy Achievement Analysis: Policy 9.4.2 stipulates that the County will concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. This Policy remains relevant and should be retained. Policy 9.4.3: All storage tank systems in Collier County shall adhere to the provisions of Section 62 -761 or 62 -762, Florida Administrative Code (F.A.C.) as applicable. Unless otherwise provided for within Section 62 -761, F.A.C., individual storage tank systems shall adhere to the provisions of Section 62 -761, F.A.C., in effect at the time of approval of the storage tank system. Policy Achievement Analysis: Policy 9.4.3 states that all tank systems shall adhere to the provisions of Sections 62 -761 or 62 -762, Florida Administrative Code, as applicable. This Policy remains relevant and should be retained. However, the Policy should be revised to delete the second sentence, as it is redundant. 63 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. Objective Achievement Analysis: With the adoption of the Collier County Manatee Protection Plan (NR- SP- 93 -01) in May 1995, and adopted into the County's GMP by Ordinance No. 2002 -32 on June 19, 2002, the Florida Fish and Wildlife Conservation Commission has been able to make consistent policy regarding the siting of boat facilities within Collier County's jurisdictional waters since 1995. This Objective remains relevant and should be retained. Policy Relevance: Policy 10.1.1: Priorities for water - dependent and water - related uses shall be: a. Public recreational facilities over private recreational facilities; b. Public Boat Ramps; C. Marinas 1. Commercial (public) marinas over private marinas; 2. Dry storage over wet storage; d. Commercial fishing facilities; e. Other non - polluting water - dependent industries or utilities; f. Marine supply /repair facilities; g. Residential development. Policy Achievement Anal Policy 10.1.1 prioritizes water - dependent and water - related uses according to public and private recreational facilities, public boat ramps, marinas, commercial fishing facilities, other non - polluting water - dependent industries or utilities, marine supply /service facilities, and residential development. This Policy remains relevant and should be retained. This Policy is affected by changes to Chapter 163, Florida Statues, which were adopted into law in 2005, as follows: 163.3178 (2)(g): Expands requirement of coastal element to include strategies that will be used to preserve recreational and commercial working waterfronts, as defined in s. 342.07, F.S. [The CCME already contains marina siting criteria and the FLUE allows water dependent and water related uses in the Urban designated waterfronts. Conservation designated lands do not allow marinas.] Policy 10.1.2: No deep water ports shall be allowed. 64 CONSER VATION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 10. 1.2 mandates that no deep ports be allowed within Collier County's jurisdictional waters. This Policy remains relevant and should be retained. Policy 10.1.3: In order to minimize the destruction or disturbance of native vegetative communities, the following priority ranking of shoreline development shall apply: a. areas presently developed; b. disturbed uplands; C. disturbed freshwater wetlands; d. disturbed marine wetlands; e. viable, unaltered uplands; f. viable, unaltered freshwater wetlands; g. viable, unaltered marine wetlands. Policy Achievement Analysis: Policy 10.1.3 prioritizes development along shorelines according to the degree of impact to the shoreline and the type of habitat along the shoreline so as to minimize impacts to native vegetative communities. This Policy remains relevant and should be retained. Policy 10.1.4: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump -out facilities; b. Fueling facilities shall be designed to contain spills from on -land equipment and shall be prepared to contain spills in the water. C. Marina facilities must be accessible to all public services essential to ensure their safe operation. d. Marinas and multi -slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy Achievement Analysis: Policy 10.1.4 requires new marinas to provide measures to contain potential sources of pollution, ensure their safe operation and to provide for hurricane protection. This Policy remains relevant and should be retained. Policy 10.1.5: Marinas and all other water - dependent and water - related uses shall conform to all applicable regulations regarding development in marine wetlands. Marinas and water-dependent/water- related uses that propose to destroy wetlands shall provide for general public use. 65 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 10. 1.5 requires marinas and all other water - dependent and water - related uses to conform to all applicable regulations regarding development in marine wetlands. Where wetlands are proposed to be destroyed, public access shall be provided. This Policy remains relevant and should be retained. However, the Policy should be revised for proper sentence structure and to consistently refer to marine wetlands (perhaps modify second sentence to replace "Marinas" with "Development of marinas" and to insert "marine" before "wetlands "). Policy 10.1.6: All new marinas, water - dependent and water - related uses that propose to destroy viable, naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to demonstrate the public benefit and financial feasibility of the proposed development. Policv Achievement Analysis: Policy 10. 1.6 requires all new marinas, water - dependent and water - related uses that propose to destroy viable, naturally functioning marine wetlands to perform a fiscal analysis in order to demonstrate the public benefit and financial feasibility of the proposed development. It is not appropriate to refer only to "viable, naturally functioning marine wetlands" as the proposed destruction of any marine wetlands should be subject to the fiscal analysis requirement. Also, it is not necessary to refer to "public benefit" in this policy since Policy 10.1.5 requires such uses to be available "for general public use" which is a public benefit. This Policy remains relevant and should be retained. However, the Policy should be revised for proper sentence structure and to perhaps modify to: replace "All" with "For development of all "; insert ", the applicant" following "wetlands "; and, to delete both "viable, naturally functioning" and "public benefit and." Policy 10.1.7: Objective 10.1 and its accompanying policies and the LDC shall serve as criteria for the review of proposed development within the "Special Treatment' ( "ST ") Zoning Overlay District. Policy Achievement Analysis. Policy 10. 1.7 stipulates that these policies shall serve as criteria for review of proposed development in "Special Treatment" ( "ST ") designated lands. This Policy remains relevant and should be retained. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Objective Achievement Analysis: The County will continue to ensure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. The Coastal Zone Management Department continues to create public access through the addition of parking, such as in Connor Park; providing additional boating access through updating ., 66 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT and adding more parking to the 951 boat ramp and Goodland boat ramp; and, working to increase parking at Bayview Park. This Objective remains relevant and should be retained. Policy Relevance: Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site -plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy Achievement Analysis: Policy 10.2.1 requires that existing access for the public to the beach is to be maintained by new development. New beachfront development will show on their site -plans existing beach access ways and the proposed development will continue that access way, relocate it on the site, or donate it to the County. Further, the County maintains beach access after it has been transferred via deed or easement. This Policy remains relevant and should be retained. However, to make the Policy consistent with Objective 1. 1, the Policy should be revised to read, "...relocate it on the site as deemed appropriate by Collier County..." Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project. Policy Achievement Analysis: Policy 10.2.2 recommends that the County evaluate appropriate public access intervals for re- nourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County must acquire additional access points as a part of the re- nourishment project. This Policy remains relevant and should be retained. Policy 10.2.3: Developments that provide public access to beaches, shores and /or waterways may be eligible for credit toward any recreation and open space impact fee adopted by the Collier County Board of County Commissioners. Policy Achievement Analysis: Policy 10.2.3 awards a credit towards any County recreation and open space impact fee for developments, which provide public access facilities. This Policy remains relevant and should be retained. Policy 10.2.4: All public access facilities shall include parking facilities and /or roadway access. 67 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Anal Policy 10.2.4 requires that all public access facilities shall include parking facilities and roadway access. Not all beach access points will, or can, have parking facilities. This Policy remains relevant and should be retained. Policy 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy Achievement Anal Policy 10.2.5 requires the County to accept donations of shoreline land suitable for use as public access facilities. This Policy remains relevant and should be retained. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. Policy Achievement Analysis: Policy 10.2.6 requires the County to coordinate with State and Federal agencies regarding use of, and access to, Federal and State owned properties in the Coastal Zone for public use. This Policy remains relevant and should be retained. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy Achievement Analysis: Policy 10.3.1 states that "undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. This policy remains relevant and should be retained. 68 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy Achievement Analysis: Policy 10.3.2 requires that any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. This Policy remains relevant and should be retained. Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy Achievement Anal Policy 10.3.3 recognizes that the highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. This Policy remains relevant and should be retained. Policy 10.3.4: Public expenditures within Collier County's undeveloped coastal barrier system shall be limited to acquisition for purposes of public safety, education, restoration, and removal of exotic vegetation, recreational use, and /or research facilities. Such uses will be allowed only if the establishment of such use would not substantially alter the natural characteristics and natural functions of the undeveloped coastal barrier system. Policy Achievement Analysis: Policy 10.3.4 stipulates that Public expenditures within Collier County's undeveloped coastal barrier system shall be limited to acquisition for purposes of public safety, education, restoration, and removal of exotic vegetation, recreational use, and/or research facilities. Such uses will be allowed only if the establishment of such use would not substantially alter the natural characteristics and natural functions of the undeveloped coastal barrier system. This Policy remains relevant and should be retained. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy Achievement Analysis: Policy 10.3.5 stipulates that native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. This Policy remains relevant and should be retained. Policy 10.3.6: 69 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Prohibit construction of structures seaward of the Coastal Construction Setback Line on undeveloped coastal barriers. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy Achievement Anal Policy 10.3.6 prohibits the construction of structures seaward of the Coastal Construction Setback Line on undeveloped coastal barriers. Exception shall be made for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. This Policy remains relevant and should be retained. Policy 10.3.7: Participate in and encourage Kegional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy Achievement Analysis. The County participates in Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to ensure the preservation of their natural function. For example, the County applied for, and received, funding for property acquisition for the Gordon River Greenway. This Policy remains relevant and should be retained. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed one (1) dwelling unit per five (5) acres or as already allowed for established legal nonconforming parcels or lots of record. Policy Achievement Analysis: Policy 10.3.8 requires that the residential development density on undeveloped coastal barrier systems cannot exceed the density established in the Future Land Use Element. This Policy remains relevant and should be retained. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy Achievement Analysis: Policy 10.3.9 states that native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native 70 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. This policy remains relevant and should be retained. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy Achievement Analysis: Policy 10.3. 10 prohibits the permitting of new bridges, causeways, paved roads or commercial marinas either to, or on, undeveloped barrier systems. This Policy remains relevant and should be retained. Policy 10.3.11: Shoreline hardening structures (e.g., rip -rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or if land use related hardship. Policy Achievement Anal Policy 10.3.11 prohibits shoreline hardening structures (e.g., rip -rap, seawalls, groins, etc.) on undeveloped coastal barriers except in the interest of public safety or if land use related hardship. This policy remains relevant and should be retained. Policy 10.3.12: Encourage the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new development or redevelopment proposed to take place within areas identified as Coastal Barrier system, with the exception of one single family dwelling unit on a single parcel. Policy Achievement Analysis: Policy 10.3.12 requires the use of the "Planned Unit Development" (PUD) provisions of the County's Zoning Ordinance for new developments or redevelopment proposed to take place within areas identified as Coastal Barrier systems, with the exception of one single family dwelling unit on a single parcel. This Policy remains relevant and should be retained. Policy 10.3.13: Substantial alteration of the natural grade on undeveloped coastal barriers, through filling or excavation shall be prohibited except as part of an approved dune and /or beach restoration program, or as part of an approved public development plan for one or more of the uses allowed by Policy 10.3.4, above. Policy Achievement Analysis: Policy 10.3.13 prohibits substantial alteration of the natural grade on undeveloped coastal barriers, through filling or excavation except as part of an approved dune and/or beach restoration program, or as part of an approved public development plan for one or more of the uses allowed by Policy 10.3.4. 71 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. Policy 10.3.15: All new development proposed on undeveloped coastal barrier systems shall be reviewed through the County's existing "Special Treatment" ( "ST ") zoning overlay district. Objective 10.3 and its accompanying policies shall serve as criteria for such review. Policy Achievement Anal Policy 10.3.15 requires that all new development proposed on undeveloped coastal barrier systems be reviewed through the County's existing "Special Treatment" ( "ST ") zoning overlay district and that Objective 10.3 and its accompanying policies shall serve as criteria for such review. This Policy remains relevant and should be retained. OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised to reflect needed grammatical changes, such as "Developed coastal barriers and developed shorelines shall continue to be restored and maintained. Establish mechanisms or projects which limit the effects of development and restores the natural functions of coastal barriers including beaches and dunes." Policy Relevance: Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy Achievement Analysis: Policy 10.4.1 promotes environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. This Policy remains relevant and should be retained. Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy Achievement Analysis: Policy 10.4.2 prohibits further shore hardening projects on developed coastal barriers and developed shorelines, except where necessary to protect existing structures, considering the total beach system and adjacent properties. This Policy remains relevant and should be retained. Policy 10.4.3: 72 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Collier County shall prohibit activities which would result in man - induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific/coastal engineering literature /studies that have established benchmarks for natural rates of beach erosion. Policy Achievement Anal_ Policy 10.4.3 prohibits activities which would result in man- induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific /coastal engineering literature /studies that have established benchmarks for natural rates of beach erosion. This Policy remains relevant and should be retained. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy Achievement Analysis: Policy 10.4.4 requires dune stabilization and restoration improvements in land development projects along beach areas. This Policy remains relevant and should be retained. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy Achievement Anal The County will continue to initiate and support beach and dune restoration and preservation programs. The County spends approximately $75,000 annually on planting sea oats throughout the County in order to protect and maintain a healthy dune system. Also, the Coastal Zone Management Department provides technical assistance to private entities so as to protect dune systems. This Policy remains relevant and should be retained. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy Achievement Anal Policy 10.4.6 requires native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. This Policy remains relevant and should be retained. Policy 10.4.7: Collier County shall prohibit construction seaward of the Coastal Construction Setback Line except where such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. 73 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 10.4.7 prohibits construction seaward of the Coastal Construction Setback Line _except where such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. This Policy remains relevant and should be retained. Policy 10.4.8: Collier County shall allow construction seaward of the Coastal Construction Setback Line for public access and protection and activities related to restoration of beach resources. Such construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and, where appropriate, will restore the historical dunes with native vegetation. Policy Achievement Analysis: Policy 10.4.8 states that construction seaward of the Coastal Construction Setback Line shall be allowed for public access and protection and activities related to restoration of beach resources. Such construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and, where appropriate, will restore the historical dunes with native vegetation. This Policy remains relevant and should be retained. Policy 10.4.9: Collier County shall prohibit seawall construction on properties fronting the Gulf of Mexico except in instances where erosion poses an imminent threat to existing buildings. Policy Achievement Analysis: Policy 10.4.9 prohibits seawall construction on properties fronting the Gulf of Mexico except in instances where erosion poses an imminent threat to existing buildings. This Policy remains relevant and should be retained. Policy 10.4.10: The County shall prohibit vehicles on beaches and dunes except for the following: 1. Emergency vehicles responding to incidents. 2. Vehicles associated with environmental maintenance, environmental monitoring, or conservation purposes. 3. Vehicles limited to set -up and removal of equipment of permitted events, in conjunction with permanent concession facilities, or permitted uses of commercial hotels. 4. Beach raking or beach cleaning. 5. Vehicles needed for beach nourishment or inlet maintenance 6. Vehicles necessary for construction that cannot otherwise access a site from an upland area. 74 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Vehicles shall be operated in a manner that does not negatively impact the beach or dune environment. Additional protective regulations shall apply during sea turtle nesting season. Policy Achievement Analysis: Policy 10.4. 10 prohibits vehicles on beaches and dunes except for the following 1) emergency vehicles responding to emergency incidents, 2) environmental /conservation purposes, 3) permitted concession activities or permitted uses of commercial hotels, 4) beach raking or beach cleaning, 5) beach nourishment or inlet maintenance, and 6) for construction that cannot otherwise access a site from an upland area. This Policy remains relevant and should be retained. Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy Achievement Analysis: Policy 10.4.11 recommends that the County develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of high capacity urban beaches. This Policy remains relevant and should be retained. Policy 10.4.12: In permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, riprap. b. Where appropriate, repaired structures will be redesigned and /or relocated landward to align with adjacent structures. Policy Achievement Analysis: Policy 10.4.12 stipulates that in permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a) all damaged seawalls to be replaced with, or fronted by, riprap and b) where appropriate, repaired structures to be redesigned and/or relocated landward to align with adjacent structures. This Policy remains relevant and should be retained. Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. Policv Achievement Anal Policy 10.4.13 requires development and redevelopment proposals to consider the implications of potential rise in sea level. Collier County recommends that this policy be removed since the NOAA reported rate of sea level rise for the Naples area is 2.02 mm per year and there is not any clear guidance for planning for such a slow changing event. Further, this type of event is better communicated in an educational approach. Materials could be presented in a web page, noted in the "All Hazards Guide," and/or brochures. 75 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT The Policy is relevant and should be revised to focus on educating the public about sea level rise. The revised Policy could read, "Collier County will maintain an educational program to provide information on recent past sea level rise rates and current projections." OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy Achievement Anal Policy 10.5.1 explicitly states that recreation is the most compatible use with the natural functions of beaches and dunes. This policy remains relevant and should be retained. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy Achievement Analysis: Policy 10.5.2 prioritizes the County's shoreline acquisition efforts in order to meet the projected need for additional public beaches. This Policy remains relevant and should be retained. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy Achievement Analysis: Policy 10.5.3 prohibits activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. This Policy remains relevant and should be retained. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Setback Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. ?6 CONSER VA TION AND COASTAL AMNA GEMENT ELEMENT Policy Achievement Analysis: Policy 10.5.4 prohibits construction of any structure seaward of the Coastal Construction Setback Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, construction that minimizes interference with natural function of such beaches and dunes is required. This Policy remains relevant and should be retained. Policy 10.5.5: The County shall prohibit vehicles on the beaches and dunes except for emergency, environmental monitoring and environmental maintenance purposes. Policy Achievement Analysis: Policy 10.5.5 prohibits vehicles on the beaches and dunes except for emergency, environmental monitoring and environmental maintenance purposes. This Policy remains relevant and should be retained. Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy Achievement Analysis: Policy 10.5.6 stipulates that the County shall regulate activities so that they will not threaten the stability of the dunes or the beach itself. This Policy remains relevant and should be retained. Policy 10.5.7: Pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy Achievement Analysis: The County will continue to pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. For example, Conservation Collier could acquire beaches, as the Program ranks properties on several criteria including priority habitat. The following habitats are listed in order of highest to lowest priority: 1. Tropical Hardwood Hammock 2. Xeric Oak Scrub 3. Coastal Strand 4. Native Beach 5. Xeric Pine 6. Riverine Oak 7. High Marsh (Saline) 8. Tidal Freshwater Marsh 9. Other Native Habitats This Policy remains relevant and should be retained. Policy 10.5.8: 77 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Prohibit shoreline armoring processes and encourage non - structural methods for stabilizing beaches and dunes. Policy Achievement Analysis: Policy 10.5.8 prohibits shoreline - armoring processes and encourages non - structural methods for stabilizing beaches and dunes. This Policy remains relevant and should be retained. Policy 10.5.9: Prohibit construction seaward of the Coastal Construction Setback Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; C. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy Achievement Analysis: Policy 10.5.9 prohibits construction seaward of the Coastal Construction Setback Line except for a) public access, b) protection and restoration of beach resources, and c) in cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. This Policy remains relevant and should be retained. Policy 10.5.10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy Achievement Analysis: Policy 10.5.10 states that construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. This Policy remains relevant and should be retained. Policy 10.5.11: The County will waive all other non - safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Setback Line. Policy Achievement Analysis: Policy 10.5.11 states the County will waive all other non - safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. This Policy remains relevant and should be retained. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. 78 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 10.5.12 requires all beach front land development related projects to provide dune stabilization and restoration improvements, remove exotic vegetation, and replacement with native vegetation, as appropriate. This Policy remains relevant and should be retained. OBJECTIVE 10.6: The County shall conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. Objective Achievement Anal This Objective remains relevant and should be retained. Policy Relevance: Policy 10.6.1: In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5, development within the County's coastal zone shall also meet the following criteria: 1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres; a. Wiggins Pass Unit FL -65P, b. Clam Pass Unit FL -64P, c. Keywaydin Island Unit P -16, d. Cape Romano Unit P -15. 2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed pristine habitats (Reference Policy 10.1.4). 3. Beachfront developments shall restore dune vegetation. 4. Projects on coastal barriers shall be landscaped with native Southern Floridian species. 5. Boathouses, boat shelters and dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds except where a continuous bed of seagrass exists off of the shore of the property, in which case facility heights shall be at least 3.5 feet NGVD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. 6. The requirements of this policy identify the guidelines and performance standards for undeveloped coastal barriers and estuarine areas that are contained within the County's coastal barrier and estuarine area Natural Resource Protection Area (NRPA — reference CCME Policy 1.3.1). These guidelines and standards therefore satisfy the requirements of CCME Policy 1.3.1. Policy Achievement Anal Policy 10.6.1 specifies that in addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5, development within the County's coastal zone must also meet additional criteria for preserving and restoring undeveloped coastal and inshore marine habitats. This Policy remains relevant and should be retained. Policy 10.6.2: For shoreline development projects where an EIS is required, an analysis shall demonstrate that the project will remain fully functional for its intended use after a six -inch rise in sea level. Policy Achievement Analysis: 79 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy 10.6.2 requires shoreline projects where an EIS is required, to provide an analysis demonstrating that the project, remain fully functional for its intended use after a six -inch rise in sea level. NOAA indicates that at current rates it will take 75 years to reach a 6" increase (2.02mm / year). If the higher rates suggested by the SWFRPC Draft Climate Change report are used (2.3 mm/year) it will still take approximately 66 years to reach a 6 " rise (refer to link below from NOAA). These time frames are well beyond the accepted planning horizon. NOAA Link: http:// tidesandeurrents .noaa.gov /sltrends /sltrends station. shtml?stnid=8 725 110 The mean sea level trend is 2.02 millimeters /year with a 95% confidence interval of +/- 0.60 mm/yr based on monthly mean sea level data from 1965 to 2006 which is equivalent to a change of 0.66 feet in 100 years. Mean Sea Level Trend — 8725110 Naples, Florida Naples, FL 2.02 +1 -0.60 mmlyr 0.60 MmtNy mean sea level wrththe Source: NOAA average seasonal cycle removed 0.46 Uneartrend — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - - - - Upper 05% confidence interval Lower 95 % confidence irderval 0.30 --------------------------------- 0.15 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - N `0.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -0.15 - - - - - - - - - == - - — - - - - - - - - - - - - - - -0.30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -0.45 --------------- - - - - -- -0.60 p� �} '�'A '�'s ,�0 �5 ,0 ,9OS j0V0 , S ,ASA Isis ,`60 l S ,OVA ,9�,r 700o ,19OS b , S s 0 �0 '0 A '0 A '0 `0 O 0 0 A 0 A O A 0 '0 .0 2009 SWFRPC Draft Climate Change Report (excerpt below): Potential Climate Futures: This study began by examining three sea level rise "severity" scenarios: best case, worst case, and moderate case are based upon the results of Table 4, below. This table is based on using Tables 9 -1 and 9 -2 of the USEPA Report "The Probability of Sea Level Rise." Basically, the formula is multiplying the historic sea level rise (2.3 mm/yr) in Southwest Florida (closest point used is St. Petersburg, Fl., Table 9 -2) by the future number of years from 1990 plus the Normalized Sea Level Projections in Table 9 -1. For the study the 90% probability is considered the best case, the 50% probability the moderate case, and the 5% probability the worst case scenario. Staff believes that current building regulations, in combination with the National Flood Insurance Program, provide adequate protection for all residents within the Special Flood Hazard Area (SFHA) (100 year floodplain). The building code requires all buildings to be built at or above the 1% flood elevation set by the FEMA Flood Insurance Rate Map (FIRM) program. FIRM maps use existing sea level and they will be updated every 5 years. The building code requires all facilities within the SFHA be brought into compliance with the Flood Damage Prevention ordinance with any major renovation 80 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT (improvement of greater than 51 % value of building). All buildings with federally backed mortgages are required to obtain flood insurance. This Policy is not relevant and should be deleted. However, one or more policies should be added to require the County to monitor and work with federal, state and regional agencies to plan for sea level rise in the future. Policy 10.6.3: Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drilling projects in this sensitive area. Policy Achievement Analysis: Policy declares that Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drilling projects in this sensitive area. This Policy remains relevant and should be retained. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 11.1.1: Continue in effect regulations regarding development and other land alteration activities that ensure the conservation, sensitive re -use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy Achievement Analysis: Policy 11.1.1 requires that the County continue to enforce regulations regarding development and other land alteration activities that ensure the conservation, sensitive re -use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. This Policy remains relevant and should be retained. Policy 11.1.2: There shall be no loss of historic or archaeological resources on County -owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall be identified and shown on the site plans; b. The County shall establish waivers for non - safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; 81 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT C. As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to-development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy Achievement Analysis: Policy 11.1.2 requires that there will be no loss of historic or archaeological resources on County - owned property and historic resources on private property will be protected, preserved or utilized in a manner that will allow their continued existence. Furthermore, the County has listed specific conservation techniques to carry this out. This Policy remains relevant and should be retained. Policy 11.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. Policy Achievement Analysis: Policy 11.1.3 explicitly states that, if during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site must be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. This Policy remains relevant and should be retained. OBJECTIVE 12.1: The County will maintain hurricane evacuation clearance times as required by state law. An evacuation clearance time shall be defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e., winds equal to or greater than 39 mph. To further these objectives, for future mobile home developments located outside of the storm surge zone, such development shall include on- site sheltering or retro - fitting of an adjacent facility. The Collier County Emergency Management Department shall seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. 82 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Objective Achievement Analysis: While population growth has stabilized, the county is still considered to have a deficit of shelter space that can be utilized for its population. This Objective remains relevant and should be retained. This Objective is affected by changes to Chapter 163, Florida Statutes, which were adopted into law in 2006, as follows: 163.3178(9)(b) Requires the addition of a new section establishing a level of service for out - of- county hurricane evacuation of no greater than 16 hours for a category 5 storm for any local government that wishes to follow the process in s. 163.3 178(9)(a) but has not established such a level of service by July 1, 2008. Ch. 2006 -68, LOF. Policy Relevance: Policy 12.1.1: Collier County will develop and maintain a comprehensive public awareness program. The program will be publicized prior to May 30th of each year. Evacuation zones, public shelters and evacuation routes shall be printed in each local newspaper, displayed on the Collier County Emergency Management website, and the availability of this information will be discussed on local television newscasts. This information shall also be made readily available to all hotel /motel guests. Policy Achievement Analysis: Policy 12. 1.1 states that a comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings will be printed in each local newspaper. This information will be made readily available to all hotel /motel guests and other alternative media forums. The County cannot ensure that this information gets printed in each publication. The Policy remains relevant and should be retained. However, the Policy should be revised to remove the phrase, "printed in" and replace with "provided to." Policy 12.1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy Achievement Analysis: Policy 12.1.2 requires that all land use plan amendments in the Category 1 hurricane vulnerability zone will only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Collier County should continue to monitor activities. This Policy remains relevant and should be retained. Policy 12.1.3: The County shall continue to identify and maintain shelter space for 32,000 persons by 2006 and 45,000 by 2010. Shelter space capacity will be determined at the rate of 20 square feet per person. 83 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 12.1.3 requires that the County continue to identify shelter space that complies with Red Cross standards for 32,000 persons by 2006 and 45,000 persons by 2010. Shelter space will be determined at the rate of 20 square feet per person. Collier County recommends that these dates and numbers be revised based upon the figures computed from the Southwest Florida Regional Planning Council's Hurricane Evacuation Study Update. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect current shelter space figures of 32,000 persons by 2012 and 45,000 persons by 2015. Policy 12.1.4: The County shall continue to maintain hurricane shelter requirements and standards for all new mobile home parks and mobile home subdivisions, or existing mobile home parks and mobile home subdivisions in the process of expanding, which accommodate or contain 26 units or more. Such mobile home parks or mobile home subdivisions shall be required to provide emergency shelter space on -site, or to provide funding to enhance one or more existing public shelters off -site. The building which provides the on -site shelter space (if this option is chosen) will be of such a size as to provide shelter to park or subdivision residents at the rate of 20- square feet per person. For the purposes of this policy, the size of the on -site shelter structure shall be determined by estimating the park or subdivision population during the June - November time frame, based upon methodologies utilized by the Collier County Emergency Management Department. Policy Achievement Analysis. Policy 12.1.4 requires the County to continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on -site or provide funding to enhance existing public shelters off -site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June - November time frame. This Policy remains relevant and should be retained. Policy 12.1.5: On -site shelters within mobile home parks or mobile home subdivisions shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level, based upon the most current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and structures designated as "essential facilities" in the latest Florida Building Code, shall guide the design and construction of the required shelters. Shelters shall be constructed with emergency electrical power and potable water supplies; shall provide glass protection by shutters or other approved material /device; and shall provide for ventilation, sanitary facilities and first aid equipment. A telephone, automatic external defibrillator (AED) and battery- operated radio are also required within the shelter. Policy Achievement Analysis: This Policy remains relevant and should be retained, except that the last sentence should be amended to read, "battery operated radio with NOAA weather S.A.M.E. (Specific Area Message Encoded) capability." 84 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy 12.1.6: The Directors of the Transportation Planning and Emergency Management Departments will review, at least annually, evacuation route road improvement needs to ensure that.necessary improvements are reflected within Table A, the Five -Year Schedule of Capital Improvements, as contained within the Capital Improvement Element of this Growth Management Plan. Policy Achievement Analysis: This Policy remains relevant and should be retained. Policy 12.1.7: The County shall update the hurricane evacuation portion of the Collier County Comprehensive Emergency Management Plan prior to June 1st of each year by integrating all appropriate regional and State emergency plans in the identification of emergency evacuation routes. Policy Achievement Analysis: This Policy remains relevant and should be retained. Policy 12.1.8: The County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. Policy Achievement Analysis: This Policy remains relevant and should be retained as written. Policy 12.1.9: Collier County shall annually update its approved Hazard Mitigation Plan, formerly known as the "Local Hazard Mitigation Strategy" through the identification of new or ongoing local hazard mitigation projects and appropriate funding sources for such projects. Policy Achievement Analysis: This Policy remains relevant, but should be revised to read, "Collier County through its Local Mitigation Working Group shall annually update its approved Local Mitigation Strategy (LMS), through the identification and review of new or ongoing local hazard mitigation projects including, appropriate funding sources for such projects." Policy 12.1.10: All new Public Safety facilities in Collier County will be flood - resistant and designed to meet 155 mph wind load requirements and shall have provisions for back -up generator power. Policy Achievement Analysis: This Policy remains relevant and should be retained. Policy 12.1.11: The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (1999). 85 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: This Policy remains relevant and should be retained, except that the referenced date should be revised to reflect the year 2007. Policy 12.1.12: The County will continue to work with the Board of Regents of the State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (1999) and the Florida Building Code. Policy Achievement Analysis. This Policy remains relevant and should be retained, except that the referenced date should be revised to reflect the year 2007. Policy 12.1.1 3: The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants, Hazard Mitigation and Pre - disaster Mitigation Grant Programs funding, and from funds identified in the State's annual shelter deficit studies. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, cost - sharing and other requirements sometimes are not acceptable to the County. The Policy should be revised to delete the word "from" after the word "and "; and, add the phrase, "...as funding requirements permit." at the end of the paragraph. Policy 12.1.14: Prior to adoption of the 2007 Annual Update and Inventory Report (A.U.I.R.), Collier County shall evaluate whether to include hurricane shelters in the 5 -year schedule of Capital Improvements. Policy Achievement Anal This Policy is no longer relevant and should be deleted, as the Board of County Commissioners does not support the inclusion of hurricane shelters within the 5 -year schedule of Capital Improvements. Policy 12.1.15: All new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ( "State Requirements for Educational Facilities," 1999). Additionally this area shall be capable of ventilation or air conditioning provided by back -up generator for a period of no less than 48 hours. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, the Policy should be revised to make consistent with current State and Local guidelines: delete the phrase, "...for more than 15 clients "; delete "48 hours" and replace with "72" hours; and revise the date reference to reflect "2007." Policy 12.1.16: 86 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT The County will coordinate with the Florida Department of Transportation on its plans to one - way evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. Policy Achievement Analysis: This Policy remains relevant and should be retained. Policy 12.1.17: Collier County is currently conducting a hurricane evacuation re- study. If warranted by the results of these studies, further restriction on development may be proposed. Policy Achievement Anal This Policy remains relevant and should be retained. However, for clarity and accuracy, the County recommends revising the Policy to read, "Hurricane Evacuation Studies for Collier County are periodically conducted by Collier County, the State of Florida and Federal Authorities. If warranted by the results of these studies, further restriction on development may be proposed." OBJECTIVE 12.2: The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: a. Construction above the flood plain; b. maintaining a protective zone for wildfire mitigation; c. installation of on -site permanent generators or temporary generator emergency connection points; d. beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; e. emergency road repairs; f. repair and /or replacement of publicly owned docking facilities, parking areas, and sea walls, etc. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policv Relevance: Policy 12.2.1: The Hazard Mitigation section of the Collier County Comprehensive Emergency Management Plan (CEMP) shall continue to be reviewed and updated every four (4) years starting in 2005. This periodic update of the CEMP shall include a review and update (as may be necessary) of the County's hurricane evacuation and sheltering procedures. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, the Policy should be revised to reflect the next due date for the Plan update in year 2012; and, remove the phrase, "starting in 2005." Policy 12.2.2: Within the coastal high hazard area, the calculated needs for public facilities, as represented in the Annual Update and Inventory Report (A.U.I.R.) and Five -Year Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth allowed by the Future Land Use Element. 87 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 12.2.2 states that the calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. i This Policy remains relevant and should be retained. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP). Policy Achievement Analysis: Policy 12.2.3 requires the County to participate in the National Flood Insurance Program (NFIP). Participation is very important for the reduction of flood insurance rates. This Policy remains relevant and should be retained. Policy 12.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest edition of the Florida Building Code. Policy Achievement Analysis: Policy 12.2.4 requires the County to maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. This Policy remains relevant and should be retained. Policy 12.2.5: The County shall consider the Coastal High Hazard Area as a geographical area lying within the Category 1 storm surge zone as presently defined in the 2001 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency Management Department and approved by the Board of County Commissioners. Policy Achievement Analysis: Policy 12.2.5 requires the County to consider the coastal high - hazard area as that area lying within the Category 1 evacuation zone as defined in the 2001 Southwest Florida Regional Planning Council Hurricane Evacuation Study. Policy remains relevant and should be retained. However, the Policy should be revised to add, "and the 2006 Abbreviated Hurricane Evacuation Re -Study for Collier County." after "2001 Evacuation Study "; add "(i.e. State of Florida, Federal Authority)" after "or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency Management Department and approved by the Board of County Commissioners. "; and, revise the definition of the Coastal High Hazard Area (CHHA) consistent with 2006 legislative changes. This Policy is affected by changes to Chapter 163, Florida Statutes, which were adopted into law in 2006, as follows: 88 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT 163.3178(2)(h) Requires a change to the definition of the Coastal High Hazard Area (CHHA) to be defined as the area below the elevation of the category 1 storm surge line as established by the SLOSH mode. Ch. 2006 -68, LOF. - Policy 12.2.6: The County shall require that all new sanitary sewer facilities in the coastal high- hazard flood area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable, and new septic tanks shall be fitted with back -flow preventers. Policy Achievement Analysis: Policy 12.2.6 states that the County will require tha t high- hazard flood area be flood proof, be designed events to the maximum extent practicable, and that preventers. This Policy remains relevant and should be retained. all new sanitary sewer facilities in the coastal to reduce leakage of raw sewage during flood new septic tanks will be fitted with back -flow Policy 12.2.7: The County shall continue to assess all undeveloped property within the coastal high hazard area and make recommendations on appropriate land use. Policy Achievement Analysis: Policy 12.2.7 states that the County will continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. This Policy remains relevant and should be retained. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post- hurricane disasters. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 12.3.1: The Comprehensive Emergency Management Plan shall comply with the policies under this objective, and shall contain step -by -step details for post disaster recovery. Policy Achievement Analysis: Policy 12.3.1 requires the Comprehensive Emergency Management Plan to comply with the policies under this objective, and that the plan will contain step -by -step details for post disaster recovery. This Policy remains relevant and should be retained. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re -entry of the population. At that time, the Commission will activate the recovery task force and consider a 89 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy Achievement Analysis: Policy 12.3.2 states that, after a hurricane that necessitated an evacuation, the Board of County Commissioners will meet to hear preliminary damage assessments. This will be done prior to re -entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. This Policy remains relevant and should be retained. However, the Policy should be revised to remove the second sentence, and change "will" to "may" in the last sentence. Policy 12.3.3: The Recovery Task Force shall include the Sheriff of Collier County, the Community Development and Environmental Services Division Administrator, the Comprehensive Planning Director, the Zoning and Land Development Review Director, the Emergency Management Director and other members as directed by the Board of County- Commissioners. The Board should also include representatives from municipalities within Collier County that have received damage from the storm to become members of the Recovery Task Force. Policy Achievement Anal Policy 12.3.3 recommends that the recovery task force will include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect current departmental references. Policy 12.3.4: The Collier County Recovery Task Force responsibilities shall be identified in the Code of Laws and Ordinances. Policy Achievement Analysis: This Policy remains relevant and should be retained. Policy 12.3.5: Immediate repair and clean -up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Policy Achievement Analysis: Policy 12.3.5 requires the County to perform immediate repair and clean-up actions, when needed, to protect the public health and safety. Actions referenced in this Policy include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions will receive first priority in permitting decisions. Policy remains relevant and should be retained. 90 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy 12.3.6: Structures in the coastal high- hazard area which have suffered damage to pilings, foundations, or load- bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Policy Achievement Anal Policy 12.3.6 stipulates that structures in the coastal high - hazard area, which have suffered damage to pilings, foundations, or load - bearing walls on one or more occasion, will be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Policy remains relevant and should be retained. Policy 12.3.7: The County has developed, adopted and maintains a Post - disaster Recovery, Reconstruction and Mitigation Ordinance, for the purpose of evaluating options for damaged public facilities including abandonment (demolition), repair in place, relocation, and reconstruction with structural modifications. The process described within the Ordinance considers these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy Achievement Analysis: Policy 12.3.7 stipulates that the County will develop and adopt a Post - disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process will consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, and impacts on the environment and public safety. Policy remains relevant and should be retained. Policy 12.3.8: Within 30 days of a hurricane resulting in disaster the County shall identify non - public structures in the coastal high- hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post- disaster recovery. Policy Achievement Anal Policy 12.3.8 requires the County, within 30 days of a hurricane resulting in disaster, to identify non- public structures in the coastal high - hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post- disaster recovery. Policy remains relevant and should be retained. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large -scale disaster, the County Emergency Management Department shall open and operate one or more refuges for persons listed on the 91 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised as follows: delete, "people with special needs" and replace with "Persons with Special Needs (PSN)" within the first sentence; delete "...the County Emergency Management Department shall..." and replace with "...the County Emergency Management Department in coordination with the Collier County Health Department and other officials shall..." Policy Relevance: Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy Achievement Analysis: Policy 12.4.1 requires all new hospitals, nursing homes, and adult congregate living facilities to prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. This Policy remains relevant and should be retained. Policy 12.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy Achievement Analysis: Policy 12.4.2 requires that the County, in cooperation with other public agencies and public service groups, will make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. This Policy remains relevant and should be retained. Policy 12.4.3: The County, in cooperation with the Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. Policy Achievement Analysis: Policy 12.4.3 requires the County, in cooperation with the Collier County Health Department and other public service groups, to make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. This Policy remains relevant and should be retained. 92 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Objective Achievement Analysis: This Objective remains relevant and should be retained. Policy Relevance: Policy 13.1.1: There will be no unnecessary duplication of existing Regional, State, or Federal permitting programs. Policy Achievement Analysis: Policy 13.1.1 requires the County to eliminate duplication of existing Regional, State, or Federal permitting programs. This Policy remains relevant and should be retained. Policy 13.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy Achievement Analysis: Policy 13.1.2 stipulates that the County may adopt regulations to strengthen existing permitting programs. This Policy remains relevant and should be retained. Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. The regulation fulfills an important need that is not adequately addressed by existing Regional, State, or Federal regulations. b. The regulation can be effectively and efficiently administered by existing County staff or by an authorized expansion of County staff. c. The cost to the County of implementing the regulation has been identified and considered. Policy Achievement Analysis: Policy 13.1.3 requires the County, prior to adopting any new regulations to implement this Element, to meet the following guidelines: a.) It fulfills an important need not adequately met by existing Regional, State, or Federal regulation; b.) The regulation can be effectively and efficiently administered by existing County staff or by authorized expansion of County staff, and, c.) The cost to the County of implementing the regulation must have been identified and considered. This Policy remains relevant and should be retained. 93 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT SUMMARY OF RECOMMENDED CHANGES 2011 EVALUATION & APPRAISAL REPORT (EAR) Public Facilities Element — Drainage Sub - Element Goals, Objective and Policies: The entire Sub - Element will be revised to reflect the proper formatting for all Goals, Objectives and Policies, as defined below: Goal: General statement defining what the plan will ultimately achieve, typically beginning with "TO" followed by a transitive verb, such as, TO PROTECT or TO ENSURE. Objective: A more specific statement than the stated Goal; describing actions that will help achieve the goal(s), typically beginning with the active verb providing the general direction, such as, "Implement ", "Promote" or "Protect ". Objectives use the term "will" and allow Policies to specifically require an activity witl'i "shall ". Policies: Specific statements that provide directives on how to achieve the objectives and ultimately the Sub - Element's goals, typically beginning with phrases like, "The County shall promote... ", "The County shall continue to..." or "The District shall expand..." or similar phrases. Policies use the terms "may" or "shall" to provide specific direction. Goals, Objective and Policies: The entire Sub - Element should be revised to reflect Department name changes, designee changes, renumbering due to objective and /or policy additions and/or deletions, and grammatical changes. To be renamed, including Sub - Element, Goal and throughout Objectives and Policies Goal — revisions to reflect all that stormwater management entails, and its interdependence with provisions found in other Elements and Sub - Elements; reformatting Objective 1 — minor revision to reflect GIS use; reformatting Objective 2 — reformatting Policy 2.1 — part of revision affecting multiple Elements to eliminate redundancy Objective 3 — reformatting Objective 4 — reformatting Objective 5 — reformatting Objective 6 — reformatting Policy 6.2 — minor revision to update document cite Policy 6.3 — minor revision to update document cite I DRAINAGE SUMMARY OF RECOMMENDED CHANGES Assessment of the Successes and Shortcomings and Recommendations for the Public Facilities Element — Drainage Sub - Element A. Introduction & Background: The purpose of the Drainage Sub - Element is defined within its single Goal, which reads as follows: COLLIER COUNTY SHALL PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. The intent of the Drainage Sub - Element is to assure the provision of drainage and flood protection facilities and services that would enable the citizens of Collier County to meet their needs for stormwater management while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, F.A.C., and Chapter 163, Florida Statutes. The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of this Sub - Element from the "Drainage" Sub - Element to the " Stormwater Management" Sub - Element. The new name should be used in all titles, headings and text within this Sub - Element, and in all references to this Sub - Element found throughout the Growth Management Plan. Note that, in one respect, there is overlap in the intended purpose of the Drainage and Natural Groundwater Aquifer Recharge Sub - Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Sub - Element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub - Element is on groundwater protection. For an evaluation of the Natural Groundwater Aquifer Recharge Sub - Element, refer to that Section of this Report. In addition to the overlap of policies within the Drainage and Natural Groundwater Aquifer Recharge Sub - Elements, there is also an overlap between the intended purpose of the Drainage Sub - Element and Goal 2 of the Conservation & Coastal Management Element (refer to the CCME Section of this Report), including the Watershed Management Plans discussed under Objective 2.1 of the CCME. EAR -based amendments made to those sections should be reflected in this Sub - Element, as necessary. As currently formatted, this Sub - Element consists entirely of a single Goal, and its supporting Objectives and Policies. The provision of public facilities and services for stormwater management, floodplain management and flood protection, potable water supply and, aquifer recharge area protection and watershed management are planned in correlation with future land use projections. This Goal should be expanded to fully capture the County's goals in these areas and ensure collaboration in implementing Objectives and applying Policies. These interdepartmental colaborations should also be recognized, and strengthend if necessary, in the Conservation & Coastal Management Element (CCME) and Intergovernmental Coordination Element (ICE) of this Growth Management Plan. This Goal should be rephrased to improve its formatting as a "goal ". I PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT B. Objectives Analysis: OBJECTIVE 1: The County shall utilize the Annual Update and Inventory Report on Public Facilities (AUIR) process to update the Drainage Atlas Maps and Channel /Structure Inventory components of the adopted Water Management Master Plan to verify the existing watershed basin boundaries within Collier County. The County will also verify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards. This information shall be used to program operational funds in the Annual County Budget and to identify necessary capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Objective Achievement Analysis: The above Objective requires drainage projects to be included in the County's Annual Update and Inventory Report (AUIR), and thus the annual Capital Improvement Element and Schedule of Capital Improvements update. The County has been diligent in adhering to this requirement. Each year the County provides its latest AUIR to the Florida Department of Community Affairs along with its submittal of its latest adopted Capital Improvement Element. All mapping for the stormwater management system is now done in the GIS, and "Drainage Atlas Maps" are no longer utilized. This reference should be changed to identify the GIS and update its connection with the AUIR process. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Public Comment from January 25 2010 EAR Public Meeting — Suggesting the County should re- evaluate monitoring and maintenance procedures for nutrient loads /pollution water quality. ] Policy Relevance: There are five (5) policies within this Objective. Policy 1.1: The County shall update and revise stormwater management maintenance procedures and capital projects based on continual facilities performance monitoring activities. Consideration will be given to natural systems as identified in Policy 2.1.4 of the Conservation and Coastal Management Element, existing developments and proposed developments. This Policy requires that drainage project procedures and processes be monitored to ensure that they are beneficial to natural resources. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources. ] Policy 1.2: County drainage system capital facility planning shall be designed to implement procedures and projects in a manner to ensure that adequate stormwater management facility capacity is 2 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT available at the time a development permit is issued, or that such capacity will be available when needed to serve the development. This Policy requires the County to implement projects and procedures in such manner as to ensure that adequate drainage capacity exists at the time such capacity is needed for new development. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach.] Policy 1.3: The County shall continue to develop public drainage facilities, which maintain the groundwater table as a source of recharge for the County's potable water aquifers, provide a source of irrigation water for agricultural, horticultural and golf course operations and provide water to native vegetation. This Policy requires the County to develop drainage facilities for certain land uses designed to maintain the groundwater table. This Policy remains relevant and should be retained as written. Policy 1.4: The County shall continue to evaluate structural and non - structural measures for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Selected measures will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan. This Policy requires the County to pursue the restoration of impacted watersheds with historical hydroperiods and reducing discharges into estuaries. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach.] Policy 1.5: Watershed Management Plans will be undertaken as set forth in Objective 2.1 of the Conservation and Coastal Management Element (CCME). After each plan is completed, the results will be made available to the property owners located within the basin's boundaries for their use in petitioning the Board of County Commissioners to create a taxing /assessment unit to fund the proposed implementation of the plan's recommendations. Until the Watershed Management Plans are completed, the County shall apply the interim standards for development as contained in CCME Objective 2.1. This Policy directs watershed management planning efforts to the CCME where planning provisions are found, and provides for interim standards until they are completed. These plans are not yet completed. This Policy remains relevant and should be retained as written. The "interim standards" referenced above appear in CCME Objective 2.1 and require the County — as a Policy requirement would — to prepare watershed management plans under the Goal of protecting surface and estuarine water resources. This CCME Objective contains the same adherence to the 3 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT SFWMD "Basis of Review" required by Policy 6.2 Policy 6.3 below. Revisions made to the CCME and this Sub - Element should be verified for internal consistency. [Public Comment from January 25, 2010 EAR Public Meeting — Suggesting the County improve public participation outreach and involvement for watershed management planning.] [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and adherence to the Comprehensive Watershed Management Plan and the Comprehensive Water Resource Management Plan; another, suggesting that the County establish a Stormwater Utility fee to address needed improvements and to address EPA's implementation of the Numeric Nutrient Criteria (NNC).] OBJECTIVE 2: The County shall maintain adopted drainage level of service standards for basins and sub - basins identified in the Water Management Master Plan. Maintenance of the drainage level of service (LOS) identified for each basin will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of this Growth Management Plan. Objective Achievement Analysis: The purpose of this Objective and its policies is to maintain and implement the County's adopted drainage LOS standards for its established drainage basins. Implementation provisions are based in the CCME. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are two (2) policies within this Objective. Policy 2.1: The following levels of service for drainage are hereby adopted for the purpose of issuing development permits. Upon completion of each associated Watershed Management Plan, the level of service will be modified, if warranted. A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinance Numbers 74 -50, 90 -10 and 2001 -27, and Land Development Code Ordinance Number 2004 -41, as amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: 4 PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT LEVELS OF SERVICE ATTAINED BY BASINS BASIN MAIN GOLDEN GATE SYSTEM Main Golden Gate Cana; Basin Cypress Canal Basin Harvey Canal Basin 1 -75 Canal Basin Green Canal Basin Airport Road Canal South Basin Corkscrew Canal Basin Orange Tree Canal Basin 951 Canal Central Basin DISTRICT NO. 6 SYSTEM Rock Creek Basin C -4 Canal Basin Lely Main Canal Basin Lely Canal Branch Basin Lely Manor Canal Basin Haldeman Creek Basin Winter Park Outlet Basin COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin Pine Ridge Canal Basin Palm River Canal Basin West Branch Cocohatchee River Basin East Branch Cocohatchee River Basin Airport Road Canal North Basin 951 Canal North Basin GORDON RIVER EXTENSION Gordon River Extension Basin Goodlette -Frank Road Ditch Basin HENDERSON CREEK BASIN Henderson Creek Basin LEVELS OF SERVICE ATTAINED BY BASINS BASIN FAKA -UNION SYSTEM Faka -Union Canal Basin Miller Canal Basin Merritt Canal Basin Prairie Canal Basin SOUTHERN COASTAL BASIN US -41 Outfall Swale No. 1 Basin US -41 Outfall Swale No. 2 Basin Seminole Park Outlet Basin BARRON RIVER SYSTEM Okaloacoochee Slough Basin Barron River Canal North Basin Urban Immokalee Basin LEVEL OF SERVICE D D D D C D D D C D C D D D D D D C D C D D D D D D LEVEL OF SERVICE D D C C D D C D C C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D 5 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT This Policy lists standards for the various identified drainage basins The LOSS for stormwater management systems appearing in Policy 2.1 above is one of two locations within this GMP where these standards are shown. The other location is Policy 1.5; subsection "C" in the Capital Improvement Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. This Policy will remain relevant in its reconciled format. Policy 2.2: The County's Water Management Master Plan shall include recommendations for changing Levels of Service together with an analysis of capital requirements. This Policy requires the County to implement projects and procedures in such manner as to ensure that adequate drainage capacity exists at the time such capacity is needed for new development. This Policy remains relevant and should be retained as written. OBJECTIVE 3: The County shall maintain and annually update a five -year schedule of capital improvements for water management facilities in conformance with the annual review process described within the Capital Improvement Element of the Growth Management Plan. Objective Achievement Analysis: Like other types of capital improvements, drainage projects are included in annual updates to the Five - Year Schedule of Capital Improvements, and thus the County's Annual Budget for each fiscal year. This Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are four policies within this Objective. Policy 3.1: The County shall develop and maintain procedures to annually update water management facility demand and capacity information. This Policy calls for the development of procedures to regularly update demand and capacity information. These procedures are found in the subsequent Policies under Objective 3. Policy 3.2 requires the preparation of periodic summaries of the information developed for Policy 3.1. Policy 3.3 requires drainage projects to be ranked according to the ranking criteria contained within the Capital Improvement Element. Policy 3.4 requires that the County give major emphasis to drainage improvements in the Estates and Urban Areas, as opposed to other portions of the County. All of these Policies remain relevant and should be retained as written. 6 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT Policy 3.2: The County shall prepare annual summaries water management facility and service area. of capacity and demand information for each This Policy requires the preparation of periodic summaries of the information developed for Policy 3.1. They are included in the County's Annual Update and Inventory Report (AUIR). This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach.] Policy 3.3: Collier County shall evaluate and rank water management capital improvement projects in accordance with the priorities stated in the Capital Improvement Element of this Plan. This Policy requires drainage projects to be ranked according to the ranking criteria contained within the Capital Improvement Element. These rankings are considered in the County's Annual Update and Inventory Report (AUIR). This Policy remains relevant and should be retained as written. Policy 3.4: County improvements to, and maintenance of, existing drainage facilities shall be a priority over new construction projects in the urban and estates designated areas (exclusive of Southern Golden Gate Estates). This Policy requires that the County give major emphasis to drainage improvements in the Estates and Urban Areas, as opposed to other portions of the County. This emphasis toward these improvements is considered in the County's Annual Update and Inventory Report (AUIR). This Policy remains relevant and should be retained as written. OBJECTIVE 4: The County shall develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with the annual work program referenced in the adopted Water Management Master Plan. Obiective Achievement Analvsi This Objective requires the County maintain its drainage work program to correct deficiencies and provide for future need. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective" such as, Develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with the annual work program referenced in the adopted Water Management Master Plan. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach.] Policy Relevance: There are three (3) policies within this Objective. 7 PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT Policy 4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this Plan. These projects shall be undertaken in coordination with the Big Cypress Basin /South Florida Water Management District 5 Year Plan This Policy requires water management projects to be undertaken in accordance with the procedures outlined within the Capital Improvements Element, and that such projects be coordinated with the Big Cypress Basin Board and the South Florida Water Management District. (It is worth noting here that, in Collier County the Big Cypress Basin Board, an arm of the South Florida Water Management District, maintains the major drainageways while Collier County maintains the tributary systems.) This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA), Department of Environmental Protection (DEP), and the U.S. Army Corps of Engineers (USACOE), as those among whom water resource management is coordinated — including surface water, stormwater, and water supplies for municipal services.] Policy 4.2: Collier County shall correct existing deficiencies and provide for future water management facility needs through the formulation and implementation of an annual work programs. In order to implement the annual work program, the County shall encourage the use of innovative funding mechanisms including, but not limited to special taxing or assessment districts. This Policy calls for the establishment of annual work programs to "correct existing deficiencies and provide for future facility needs." The Policy also seeks to encourage the use of innovative funding mechanisms for such projects, including the creation of special taxing districts. The purpose of this Policy is to provide the ability for the County to establish a stormwater utility system. This Policy remains relevant and should be retained as written. Policy 4.3: The County shall develop and maintain a stormwater management public awareness program, which will include, but not necessarily be limited to, a Collier County Stormwater Management website. The primary purpose of this program shall be to provide information regarding the County's stormwater management programs to the general public including, but not limited to, the environmental enhancements that will result from the use of total water management concepts within the existing drainage network. This Policy requires the development of a public awareness program relative to stormwater management issues. The County Stormwater Management Department maintains a very sophisticated website that provides both general information on stormwater issues and specific information about County projects and activities. This Policy remains relevant and should be retained as written. [Public Comment from January 25, 2010 EAR Public Meeting — Suggesting the County needs better outreach and education, with user-friendly terminology and illustrations.] 8 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT OBJECTIVE 5: The County shall continue to regulate land use and development in a manner that protects the functions of natural drainage features and natural groundwater aquifer recharge areas. Implementation of this Objective will be consistent with the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan, and with relevant provisions contained within the adopted Land Development Code (Ordinance Number 2004 -41, as amended). Objective Achievement Analysis: This Objective provides for the protection of natural drainage features and natural groundwater aquifer recharge areas. This Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are two (2) policies within this Objective. Policy 5.1: Collier County shall periodically review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of natural drainage features and natural groundwater aquifer recharge areas. This Policy requires periodic reviews of water management ordinances and regulations with regard to their effectiveness. This Policy remains relevant and should be retained as written. Policy 5.2: Based upon the periodic review described in Policy 5.1, the County shall develop any appropriate new ordinances and regulations that are necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. This Policy requires that the reviews, reflected in Policy 5.1, lead to the development of new regulations or ordinances. This Policy remains relevant and should be retained as written. OBJECTIVE 6: The County shall protect the functions of natural drainage features through the application of standards that address the quality and quantity of discharge from stormwater management systems. Implementation of this Objective will be consistent with the watershed management planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. This objective is made measurable through the following policies: Objective Achievement Analysis: This Objective seeks to protect natural drainage features through the imposition of stormwater discharge quantity and quality standards. The Objective relies on its subject policies for the definition of standards. As per Objectives 2 and 5, this Objective should be revised to reference (in general) the objectives and policies contained in Goal 2 of the CCME, and the Watershed Management Plans described under Objective 2.1 of the CCME, and to acknowledge that these portions of the CCME 9 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT provide guidance for protecting the functions of the County's natural drainage features. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Public Comment from January 25, 2010 EAR Public Meeting — Suggesting that watershed management planning needs to be about more than just water — planning should take a more holistic approach. ] [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach. ] Policy Relevance: There are three (3) policies within this Objective. Policy 6.1: Projects shall be designed and operated so that off -site discharges will meet State water quality standards, as set forth in Chapter 62- 302.300, F.A.C., as it existed at the date of project approval. This Policy identifies a specific resource to address stormwater discharges to natural drainage features and requires the County to meet State water quality standards. This Policy remains relevant and should be retained as written. Policy 6.2: Collier County's retention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, as it existed at the time of project approval. This Policy identifies stormwater retention/detention requirements of the appropriate Water Management District, with this document reference appearing to be out of date. This Policy also mirrors other provisions found in another Public Facilities Element Sub - Element. The Pollution Control Department implements this Policy. This Policy remains relevant and should be revised to replace "Basis for Review, dated January 2004" with "Environmental Resource Permit Information Manual, Volume IV, 2009 ". It is also noted that the County does not adhere to the same retention and detention requirements as those found in the resource identified. The interim watershed management regulations exceed the SFWMD retention and detention requirements by requiring 150% of SFWMD criteria for all developments. The SFWMD typically only requires that for projects discharging into designated Outstanding Florida Water (OFW) sources. This Policy remains relevant and should accordingly be further revised to reflect the increase in water quality treatment. This Policy conflicts with CCME Objective 2.1.a. which requires 150% of the SFWMD water quality treatment requirement. This is part of the Interim Watershed Standards. Policy 6.3: Allowable off -site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off -site discharge rates are as follows: a. Airport Road North Sub -Basin 0.04 cfs /acre 10 PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT The County may exempt projects from these allowable off -site discharge rates if any of the following applies: 1. The project is exempt from allowable off -site discharge limitations pursuant to Section 40E- 400.315, FAC. 2. The project is part of an existing SFWMD permit, which allows discharge rates different than those listed above. 3. It can be documented that the project currently discharges off -site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the " SFWMD Basis of Review for Environmental Resource Permit Applications ". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site - specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off -site discharge rate. This Policy commits the County to using the 3 -day, 25 -year storm event as a discharge rate standard. The Policy also contains a list of calculated discharge rates for identified basins and sub - basins. This Policy references discharge requirements of the appropriate Water Management District, with this document reference appearing to be out of date. This Policy also mirrors other provisions found in another Public Facilities Element Sub - Element. The Pollution Control Department implements this 11 PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT (North of Vanderbilt Beach Road) b. Airport Road South Sub -basin 0.06 cfs /acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs /acre d. Lely Canal Basin 0.06 cfs /acre e. Harvey Basin 0.055 cfs /acre f. Wiggins Pass Basin 0.13 cfs /acre g. All other areas 0.15 cfs /acre The County may exempt projects from these allowable off -site discharge rates if any of the following applies: 1. The project is exempt from allowable off -site discharge limitations pursuant to Section 40E- 400.315, FAC. 2. The project is part of an existing SFWMD permit, which allows discharge rates different than those listed above. 3. It can be documented that the project currently discharges off -site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the " SFWMD Basis of Review for Environmental Resource Permit Applications ". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site - specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off -site discharge rate. This Policy commits the County to using the 3 -day, 25 -year storm event as a discharge rate standard. The Policy also contains a list of calculated discharge rates for identified basins and sub - basins. This Policy references discharge requirements of the appropriate Water Management District, with this document reference appearing to be out of date. This Policy also mirrors other provisions found in another Public Facilities Element Sub - Element. The Pollution Control Department implements this 11 PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT Policy. This Policy remains relevant and should be revised to replace "Basis for Review for Environmental Resource Permit Applications" with "Environmental Resource Permit Information Manual, Volume IV, 2009 ". INTRODUCE A NEW OBJECTIVE AND POLICY FOLLOWING FROM THE 2009 ADOPTIONS OF HB 697 AND COUNTY ENERGY AUDIT. OBJECTIVE DSE: Reduce Greenhouse Gas (GHG) emissions by developing_ programs to reduce energy use at County drainage and watershed management facilities and by County drainage and watershed management operations, and through community oriented programs helping residents reduce their energy use Policy DSE.1: The Countv will strive to meet the recommendations of the Energy Audit and Greenhouse Gas Inventory for Collier County governmental facilities and operations prepared by Twentyfifty, LLC and adopted by the Board of Commissioners in July 009. THE ABOVE ENTRIES MAY NOT BE NEEDED IN THIS SUB - ELEMENT — Since stormwater management facilities are, for the most part, gravity- operated structures, this proposed language is not going to have any substantial impact on any proposed GHG emission reduction. Of the four pump stations operated by the County, the majority of the pumping is by electrical motor driven pumps. The Victoria Park pump station has a propane gas fired internal combustion engine for the large backup pump when the capacity of the electrical pump is exceeded or when the electrical service is interrupted such as during a major storm event. From a carbon - footprint perspective, that is very small and since Victoria Park relies entirely on pumpage to remove the stormwater runoff from the front half of the development, we cannot afford to rely solely on electrical power. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting the County should study ideas to target GHG sources — beside transportation, to address a lack of energy efficient plans, to address the need to plan for sea level rise.] G: \Comprehensive\2011 EAR\Staff Review Folders \CorbyV 9 July 2010 GOP AnalysesV 9 July 10 EA C Drainage Objectives Analysis.doc 12 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT SUMMARY OF RECOMMENDED CHANGES 2011 EVALUATION & APPRAISAL REPORT (EAR) Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Goals, Objective and Policies: The entire Sub - Element will be revised to reflect the proper formatting for all Goals, Objectives and Policies, as defined below: Goal: General statement defining what the plan will ultimately achieve, typically beginning with "TO" followed by a transitive verb, such as, TO PROTECT or TO ENSURE. Objective: A more specific statement than the stated Goal; describing actions that will help achieve the goal(s), typically beginning with the active verb providing the general direction, such as, "Implement ", "Promote" or "Protect ". Objectives use the term "will" and allow Policies to specifically require an activity with "Shull ". Policies: Specific statements that provide directives on how to achieve the objectives and ultimately the Sub - Element's goals, typically beginning with phrases like, "The County shall promote... ", "The County shall continue to..." or "The District shall expand..." or similar phrases. Policies use the terms "may" or "shall" to provide specific direction. Goals, Objective and Policies: The entire Sub - Element should be revised to reflect Department name changes, designee changes, renumbering due to objective and/or policy additions and/or deletions, and grammatical changes. Goal — revisions to reflect all that aquifer recharge area protection entails, and its interdependence with provisions found in other Elements and Sub - Elements; reformatting Objective 1 — revisions to extend time allowed to complete a periodic task; reformatting Policy 1.1 — minor revision Policy 1.5 — minor revision to update document cite Objective 2 — reformatting Policy 2.2 — minor revision to update document cite Objective 3 — reformatting Objective 4 — reformatting Policy 4.1 — minor revision to reference another section in same document 1 NGWAR SUMMARY OF RECOMMENDED CHANGES Objective 5 — minor revision, including reformatting Policy 5.5 — modify to reduce extent of specificity NGWAR Objective — New recommendation based on 2009 adoptions of HB 697 and the County Energy Audit & GHG Inventory NGWAR Policy — New recommendation to follow Count Energy nergy Audit & GHG Inventory NGWAR Sub- Element — Attached Documents — Numerous changes, with direction to cross -check GMP locations where similar references to maps & figures are found 2 NGWAR SUMMARY OF RECOMMENDED CHANGES Assessment of the Successes and Shortcomings and Recommendations for the Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element A. Introduction & Background: The purpose of the Natural Groundwater Aquifer Recharge Sub - Element is defined within its single Goal, which reads as follows: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND /OR CONTAMINATE THE QUALITY OF GROUNDWATER. The intent of the Natural Groundwater Aquifer Recharge Sub - Element is to assure the provision of efficient and economical services that would enable the citizens of Collier County to meet their needs for the protection of groundwater recharge areas while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, F.A.C., and Chapter 163, Florida Statutes. The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of the "Drainage" Sub - Element to the " Stormwater Management" Sub - Element. The new name should be used in all references to that Sub - Element found in this Sub - Element and throughout the Growth Management Plan. Note that, in one respect, there is overlap in the intended purpose of the Natural Groundwater Aquifer Recharge and Drainage Sub - Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Natural Groundwater Aquifer Recharge Sub - Element is on groundwater protection, whereas the emphasis of the Drainage Sub - Element is on surface water protection. For an evaluation of the Drainage Sub - Element, refer to the Drainage Section of this Report. In addition to the overlap of policies within the Natural Groundwater Aquifer Recharge and Drainage Sub - Elements, there is also an overlap between the intended purpose of the Natural Groundwater Aquifer Recharge Sub - Element and Goal 2 of the Conservation & Coastal Management Element (refer to the CCME Section of this Report), including the Watershed Management Plans discussed under Objective 2.1 of the CCME. EAR -based amendments made to those sections should be reflected in this Sub - Element, as necessary. As currently formatted, this Sub - Element consists entirely of a single Goal, and its supporting Objectives and Policies. The provision of public facilities and services for aquifer recharge area protection and watershed management, floodplain management and flood protection, potable water supply, and stormwater management are planned in correlation with future land use projections. This Goal should be expanded to fully capture the County's goals in these areas and ensure colaboration in implementing Objectives and applying Policies. These interdepartmental colaborations should also be recognized, and strengthend if necessary, in the Conservation & Coastal Management Element (CCME) and Intergovernmental Coordination Element (ICE) of this Growth Management Plan. This Goal should be rephrased to improve its formatting as a "goal ". 1 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and adherence to the Comprehensive Watershed Management Plan and the Comprehensive Water Resource Management Plan; another, suggesting that watershed management and water resource management should take a more holistic approach.] B. Objectives Analysis: General Analysis: The Sub - Element Objectives and Policies are implemented primarily by the Collier County Pollution Control & Prevention Department. The Objectives and Policies speak generically about groundwater protection and the identification and protection of aquifer recharge areas. However, virtually all of the Department's work is related to County potable water wellfields ( >100,000 GPD design) in accordance with Land Development Code Section 3.06.00 — Groundwater Protection. OBJECTIVE 1 [MAPPING AND DELINEATION OF RECHARGE AREAS): The County shall continue to review every two years, and revise as necessary, existing map delineations of County potable water wellfields that are most sensitive to contamination from nearby land development and other surface activities. The biennial review and any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anthropogenic contaminant data aggregated since the previous revision. Objective Achievement Analysis: Currently, Collier County's Pollution Control and Prevention Department uses an advanced 3- dimensional computer model to calculate Wellfield Risk Management Zones around significantly sized existing and planned potable water wellfields ( >100,000 GPD design). These Wellfield Risk Management Zones, in the form of maps, are adopted into the County's Land Development Code 3.06.00 Groundwater Protection and placed on the County's Zoning Maps for County planners to use when regulating land development with the intent of protecting potable water wellfields from pollution sources. This Objective should be revised to replace "review every two years" with "review every three years" and "The biennial review" with "The three year review ". The proposed amendments for Objective 1 provides adequate time (3 years) for the development of the proposed Wellfield Risk Management Zones, adoption of the proposed Wellfield Risk Management Zones into Collier County's Growth Management Plan's Future Land Use Element (Maps), and adoption of the proposed Wellfield Risk Management Zones into Collier County's Land Development Code, Section 3.06 "Ground Water Protection." The two years that are presently allotted have been found to be insufficient to complete this objective. The recommended language amendment will provide sufficient time (3 years) to complete this objective. Based on the above, this Objective is being achieved and should be retained, essentially as rewritten. This Objective should be rephrased to improve its formatting as an "objective ". 2 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources.] Policy Relevance: There are five (5) policies within this Objective. Policy 1.1: The County shall revise and update its 3- dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. This Policy requires that groundwater flow around wellfield modeling be revised, as pertinent data is made available. The Pollution Control Department implements this Policy. There is one recommended change. The term "ground water" should be replaced by "groundwater" in this Policy, and throughout the remainder of this Sub - Element and entire GMP wherever informally used [not in title of formal document]. This Policy remains relevant and should be retained as revised. Policy 1.2: The County shall identify those County potable water wellfields, or portions of wellfields, which are susceptible to contamination, caused by adjacent or nearby land uses, drainage patterns, geomorphic conditions, soil properties, and/or hydrogeologic factors, including the presence or absence of confining units. This information shall be revised and updated as necessary. This Policy requires that the identification of wellfields susceptible to contamination be revised, as pertinent updates are made available. The Pollution Control Department implements this Policy. There are no recommended changes. This Policy remains relevant and should be retained as written. Policy 1.3: The County shall maintain and update data on existing land uses and land use activities that possess the greatest potential for ground water contamination. This Policy requires the County to monitor land uses and land use activities to gauge their potential to contaminate groundwater. The Pollution Control Department implements this Policy. There are no recommended changes. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources.] Policy 1.4: The County shall maintain and update its maps of sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. This Policy requires that the identification of sensitive recharge areas be revised, as pertinent updates are made available. The Pollution Control Department implements this Policy. There are no recommended changes. This Policy remains relevant and should be retained as written. 3 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources.] Policy 1.5: This Sub - Element shall incorporate by reference annual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as described in the South Florida Water Management District's official publications dated April, 2000 (and scheduled to be published in 2006). This Policy requires the County to reference a South Florida Water Management District publication to keep current its computer model. A general reference to a 2006 publication however, potentially limits the County's ability to keep this data current in future years as subsequent editions are published. The Pollution Control Department implements this Policy. The "official publications" incorporated by reference are the District's Lower West Coast Water Supply Plans. A version was first published in 2000 in three parts: a Planning Document, a Support Document and the Appendices Document. There was an update in the 2005 -2006 timeframe — also published in multiple parts. There is an update ongoing that may be completed in the 2010 -2011 timeframe. This Policy remains otherwise relevant and should be retained and revised to identify the specific SFWMD publication or publications being incorporated by reference into this Sub - Element, such as, This Sub - Element shall incorporate by reference annual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as described in the South Florida Water Management District's Lower West Coast Water Supply Plan, as amended." OBJECTIVE 2 (PROTECTION OF GROUNDWATER QUALITY): Ground water quality shall meet all applicable Federal and State water quality standards. Objective Achievement Analysis: This Objective seeks to protect natural groundwater aquifer recharge features through the imposition of quantity and quality standards. Collier County has implemented numerous proactive programs designed to protect Collier County's groundwater quality from man -made pollution sources and hence remain compliant with this Objective. In addition, Collier County has also developed programs designed to respond to pollution releases into the environment and to monitor their satisfactory cleanup. Finally, the Collier County Pollution Control & Prevention Department has developed strong working relationships with the Florida Department of Environmental Protection, Collier County Environmental Health and Engineering Department, South Florida Water Management District, Big Cypress Basin Board and the Florida Department of Agriculture and Consumer Services that enhance the County's ability to effectively coordinate efforts to meet this Objective. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective" such as, Protect groundwater from pollutant discharges that may cause exceedance of applicable Federal and State water quality standards; followed by a "policy ", such as: 4 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT Policy 2.0.1: The County shall protect groundwater from pollutant discharges that might cause exceedance of applicable Federal and State water quality standards. Any exceedance of the standards shall be reported annually. There are petroleum discharge sites and other exceedances (some likely natural) of quality criteria. The Pollution Control & Prevention Department's current groundwater report has a section on exceedances, and lists each exceedance in an appendix. The petroleum related discharges are not discussed because the report only addresses monitoring program results. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA), Department of Environmental Protection (DEP), and the U.S. Army Corps of Engineers (USACOE), as those among whom water resource management is coordinated — including surface water, stormwater, and water supplies for ,municipal services. ] Policy Relevance: There are four (4) policies within this Objective. Policy 2.1: The County shall prohibit discharges to sinkholes or other karst related features that have direct hydrologic connections to the Surficial or Intermediate Aquifer Systems. This Policy provides for the protection of groundwater quality in aquifer systems by prohibiting discharges into open or porous geologic features. The Pollution Control Department implements this Policy. There are no recommended changes. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach.] Policy 2.2: Non - agricultural developments requiring an Environmental Resources Permit from the South Florida Water Management District ( SFWMD) shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for Review, dated January 2004 and as regularly updated. Ground water recharge shall also be protected through the application of the retention /detention requirements and allowable off -site discharge rates for non - agricultural developments specified in Policies 6.2 and 6.3 in the Drainage Sub - Element. This Policy identifies groundwater protection requirements of the appropriate Water Management District, with this document reference appearing to be out of date. This Policy also refers to other provisions found in another Public Facilities Element Sub - Element. The Pollution Control Department implements this Policy. This Policy should be revised to replace "Basis for Review, dated January 2004" with "Environmental Resource Permit Information Manual, Volume IV, 2009 ". 5 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT Policy 2.3: The County standards for protecting the quality of ground water recharge within the wellhead protection areas identified in the Future Land Use Element (FLUE) shall be those provided in Policy 3.1.1 of the Conservation and Coastal Management Element. This Policy refers to standards found in another GMP Element for protecting groundwater quality in wellhead protection areas. This Policy remains relevant and should be retained as written. Policy 2.4: Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. This Policy calls for an evaluation to determine whether stronger groundwater quality protections are needed in certain recharge areas when they are adopted. This Policy remains relevant and should be retained as written. OBJECTIVE 3 (GROUNDWATER QUALITY MONITORING): The County shall continue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyzed concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Objective Achievement Analysis: The above Objective requires Collier County to collect and analyze groundwater quality data for comparison to State Standards, and to be able to provide information on analysis results to all interested parties. Presently Collier County's Pollution Control and Prevention Department samples a trend network of groundwater monitoring wells semi- annually, and reports on the data annually. In addition, a Golden Gate Groundwater Baseline Monitoring Report had been completed in 2004, which assessed the groundwater quality data obtained from 84 residential potable water wells. Residents were provided groundwater laboratory results for the well they owned. A follow -up Golden Gate Estates study is presently underway, which will compare this most recent groundwater quality data with the historical 2004 reported data to determine water quality trends. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach. ] Policy Relevance: There are five (5) policies within this Objective. 6 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT Policy 3.1: The County shall continue its existing water quality monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. This Policy calls for continuing its water quality monitoring program for evaluating the groundwater protection program. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach.] Policy 3.2: The County shall coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. This Policy requires the County to coordinate their water quality monitoring efforts with other agencies. This Policy remains relevant and should be retained as written. Policy 3.3: The County will annually assess its groundwater quality monitoring data to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. This Policy requires the County to regularly re- assess its groundwater quality monitoring efforts. This Policy remains relevant and should be retained as written. Policy 3.4: The County shall continually gather and evaluate appropriate data for the purpose of refining and improving the groundwater quality monitoring database used in the County's 3- dimensional ground water model. This Policy requires the County to refine and improve its database for its groundwater modeling. This Policy remains relevant and should be retained as written. Policy 3.5: Collier County shall continue to conduct water resource planning with appropriate County, City of Naples, and SFWMD staff to provide for ground water resource development, utilization, and conservation. This Policy requires the County to coordinate their water resource planning efforts with other agencies. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA), Department of Environmental Protection (DEP), and the U.S. Army Corps of Engineers (USACOE), as those among whom water resource management is coordinated — including surface water, stormwater, and water supplies for municipal services.] 7 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT OBJECTIVE: 4 (PUBLIC EDUCATION WITH REGARD TO GROUNDWATER PROTECTION ISSUES): The County shall continue current activities of providing the public with educational materials concerning ground water protection issues in Collier County. These may include, but shall not be limited to, the preparation of annual technical publications of ground water quality data, an informational website for groundwater quality issues, general information publications, establishment of a speakers' bureau, K -12 classroom presentations, and in- service teacher workshops and seminars. Objective Achievement Analysis: This Objective requires continuation of County public educational activities with regard to groundwater protection issues. The Pollution Control & Prevention Department maintains a website that identifies all of the programs designed to protect the County's groundwater from pollution. The team prepares and distributes an Annual Newsletter designed to educate businesses on the proper method of managing the hazardous wastes they generate. Team members nave also spoken before various groups /organizations about what Pollution Control does and the team remains available to answer any questions the public, regulatory community, and/or policy makers may have. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources.] Policy Relevance: There are two (2) policies within this Objective. Policy 4.1: The County shall continue to advise the public on the appropriate disposal methods for hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task, the County may utilize the public educational measures listed within Objective 4 of this Sub - Element, or any other measures which may be appropriate. This Policy requires the development of a public awareness program relative to hazardous waste disposal issues. This Policy remains relevant and should be retained as written. The reference to "Objective 4" should be revised to correspond to the reformatting of said Objective, as applicable. Policy 4.2: The County shall continue to provide information in a manner that can be understood by the general public regarding Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination. In performing this task, the County may utilize the public educational measures listed within Objective 4 of this Sub - Element, or any other measures which may be appropriate. 8 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT This Policy requires the County to continue providing information on these topics in generally understandable manners. This Policy remains relevant and should be retained as written. OBJECTIVE 5 (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER RESOURCES): The County shall implement plans to preserve critical ground water recharge areas and ground water resources, and will review, evaluate, and revise (if warranted) those plans and actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data. Objective Achievement Analysis: This Objective shares portions of its stated intent with Objectives 1, 2 and 3 above. This Objective focuses the County's responsibilities on "critical" recharge areas and resources, whereas the above Objectives identify all recharge areas and resources related to groundwater protection. Protecting water quality and minimizing flood hazards employ watershed -based approaches that balance environmental, economic and engineering considerations to meet these standards. This Objective is being achieved and should be retained, essentially as written. This Objective should be revised to replace "implement" with "continue implementing" and rephrased to improve its formatting as an "objective ". [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting that watershed management and water resource management should take a more holistic approach.] Policy Relevance: There are five (5) policies within this Objective. Policy 5.1: The County shall develop, and continually update, technical criteria for determining those recharge areas, which are critical to the County's long -term ground water needs. This Policy requires the County to regularly re- assess its consideration of groundwater recharge areas considered critical. This Policy remains relevant and should be retained as written. Policy 5.2: The County shall continue to identify critical recharge areas and appropriate protective mechanisms. This Policy requires the County to continue identifying groundwater recharge areas considered critical and the appropriate protections based on assessments developed for Policy 5.1. This Policy remains relevant and should be retained as written. Policy 5.3: The County shall continue to identify costs, funding mechanisms and private property rights issues associated with the protection of critical recharge areas. 9 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT This Policy requires the County to continue their consideration of the costs, funding sources and issues associated with protecting critical groundwater recharge areas. This Policy remains relevant and should be retained as written. Policy 5.4: The County shall continue to operate the petroleum storage tank inspection program, especially in identified wellfield protection zones, operating within available State funding. This Policy requires the County to continue its State funded petroleum storage tank inspection program. This Policy remains relevant and should be retained as written. Policy 5.5: Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household and small business hazardous wastes. Additionally, the County shall continue to hold its hazardous waste collection day at least twice per year targeting residential households but also allowing small businesses to participate. This Policy requires the County to continue operating its hazardous waste collection facility. This Policy remains relevant, but provides a level of specificity regarding days and hours of operation that is not necessary in a comprehensive planning document. This Policy remains relevant nonetheless and should be retained if rewritten to provide a lesser amount of specificity appropriate for the GMP. INTRODUCE A NEW OBJECTIVE AND POLICY FOLLOWING FROM THE 2009 ADOPTIONS OF HB 697 AND COUNTY ENERGY AUDIT. OBJECTIVE NGWARSE (GREENHOUSE GAS EMISSIONS): Reduce Greenhouse Gas (GHG) emissions by developing_ programs to reduce energy use at County natural groundwater aquifer recharge facilities and by County natural groundwater aquifer recharge operations, and through community oriented programs helping residents reduce their energy use. Policy NGWARSE.1: The County will strive to meet the recommendations of the Enemy Audit and Greenhouse Gas Inventory for Collier County governmental facilities and operations, prepared by Twentyfifty, LLC and adopted by the Board of Commissioners in July 2009. Public Comment from March 15, 2010 EAR Public Meeting — Suggesting the County should study ideas to target GHG sources — beside transportation, to address a lack of energy efficient plans, to address the need to plan for sea level rise.] 10 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT C. Attached Documents Analysis: Map 1 Groundwater recharge to the Surficial Aquifer This map should be updated. Map 2 Groundwater recharge to the Lower Tamiami Aquifer This map should be updated. GAComprehensive\2011 EAR\S'taff Review FolderMorbyV 9 July 2010 GOP AnalysesV 9 July 10 EAC NGWAR Objectives Analysis.doc 11 PUBLIC FACILITIES ELEMENT— NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT SUMMARY OF RECONrYIENDED CHANGES 2011 EVALUATION & APPRAISAL REPORT (EAR) Future Land Use Element Goals, Objective and Policies: The entire Element should be revised to reflect the proper formatting of Goals, Objectives and Policies, as defined below. Goal: General statement that defines what the Element will ultimately achieve. Objective: A more specific statement than the stated Goal; describes actions that will help achieve the goal(s). Policies: Specific statements that provide directives on how to achieve the objectives and ultimately the Element's goal(s). Goals, Objective and Policies: The entire Element should be revised to reflect Department name changes, designee changes, renumbering due to objective and/or policy additions and/or deletions, and grammatical changes. Policy 1.4: Revise to allow for, but not mandate, the creation of a District (perhaps replace "shall" with "may "). Policy 2.1: Revise to correct the CIE Policy reference. Policy 2.4: If changes are made to the Density Rating System to delete the Traffic Congestion Area density reduction factor, as proposed, then revise this policy to delete that reference. Policy 2.5: Revise to reflect the existence of the TCMAs (perhaps replace "shall designate" on first line with "has designated "). Policy 4.5 Revise to recognize the periodic update (perhaps replace the last sentence with a commitment to periodically update the inventory). Policy 4.7: Revise to specify that a redevelopment plan may only be prepared by the County or its agent unless first approved by the Board, and to add reference to the Immokalee Redevelopment Plan. Policy 53: Revise to clarify changes to the Urban designation refers to the new designation of lands as Urban (perhaps replace "changes" in the third line with "addition "). 1 FLUE SUMMARY OF RECOMMENDED CHANGES Policy 5.14: Revise as necessary to reflect the changed status and contents of the Inter -local Agreements as well as any changes necessary to correlate with the Public School Facilities Element. Objective 6: Revise to reference the establishment of TCMAs in past tense (perhaps replace "are hereby" in the last sentence with "have been "). Policy 6.3: Revise paragraph e) to begin with a verb so as to follow the sentence structure (perhaps add "Providing" before "Vehicular "). Objective 7: Revise to reference reduction of greenhouse gas emissions (perhaps add "reduce greenhouse gas emissions," on the second line after "policies, ". Policy 7.3: Revise for proper wording (perhaps replace "and their interconnection points" with "and/or provide interconnection(s)." Policy 7.7: Revise to update the Division name. Office and In -fill Commercial Subdistrict: Revise criterion "1" regarding its applicability. Density Rating System - Residential In -fill: Revise to eliminate TDR requirement. Density Rating System - Traffic Congestion Area: Delete, and replace with a Coastal High Hazard Area density reduction factor; so reflect this on the FLUM; make correlating changes to all GMP references to this provision; make correlating changes to the FLUM to modify the four partial residential density bands within the Urban Residential Subdistrict to complete circular bands; revise both the Roadway Access and Proximity to Mixed Use Activity Center or Interchange Activity Center (residential density bands) bonuses to replace reference to this provision with CHHA reference; and, revise the Conversion of Commercial Bonus to prohibit its application within the CHHA. Mixed Use Activity Center Subdistrict: Revise to reduce allowable density for residential -only projects within the CHHA to a maximum of 4 DU /A; revise the Master Planned Activity Center provision for clarity, and possible substantive change. Rural Fringe Mined Use District: Revise to clarify the District only applies to A -zoned lands; to correct a miss- numbering in the RFMUD Sending Lands designation; and, revise the Exemption provision to clarify the applicability of "expansion" and to delete unneeded text from the Exemption title. Bayshore/Gateway Triangle Redevelopment Overlay: Revise to delete subparagraph 8.e. Future Land Use Map and Map Series: Revise the CHHA boundary to correlate with any CHHA boundary description change made in CCME Policy 12.2.5; revise to update and correct as necessary, underlying details of some FLUM series maps; revise one or more maps to correlate with past map changes on related maps; revise Stewardship Overlay Map to add additional approved Stewardship Sending Areas and to correct the boundaries of SSA #7; revise FLUM to correct the depiction of 2 FLUE SUMMARY OF RECOMMENDED CHANGES certain boundaries in the eastern portions of the County; and, revise FLUM legend to depict the (non - Activity Center) interchange feature. Henderson Creek Mixed Mixed Use Subdistrict: Revise to delete paragraph "p." Davis Boulevard/County Bain Road Use Subdistrict: Revise to correct a date reference. Planning Horizon Issue: Revise the various planning horizons in the GMP to be consistent. Designation/District/Subdistrict Relationship: Revise throughout to clarify the relationship between Designations, Districts and Subdistricts. 3 FLUE SUMMARY OF RECOMMENDED CHANGES An Assessment of the Success and Shortcomings and Recommendations for the Future Land Use Element A. Introduction and Background The Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP) establishes the geographic framework for growth and development in Collier County. As such, the FLUE is the most frequently amended portion of the GMP. Since the adoption of the County's 2004 EAR -based Amendments in January 2007, the FLUE has been amended on six occasions. The FLUE includes three major sections: an Overview, the Implementation Section, and a Support Document containing land use data and analysis. The purpose of the Overview is to provide an introduction as to the purpose, basis and underlying concepts and special issues addressed by the FLUE. The Implementation Strategy is where the Element is brought into legal effect. Included within this section are the Goals, Objectives, Policies and the Future Land Use Map (FLUM) and correlating Future Land Use Designation Description Section. Collier County's FLUE gives emphasis to the future land use categories (designations) contained in the Future Land Use Designation Description Section of the Implementation Strategy. The Support Document is comprised of land use data and analysis which provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J- 5.006, Florida Administrative Code, minimum requirements for the FLUE. The overall purpose of the FLUE is to guide decision - making with regard to regulatory, financial and programmatic matters pertaining to land use. This Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy is closely coordinated with the County's strategy for the provision of public facilities, as described in the Capital Improvements and Public Facility Elements (and Sub - elements) of the GMP and with the strategies to protect and conserve natural resources as found in the Conservation and Coastal Management Element. HB 697 was enacted by the Florida Legislature in 2008, and now, in part, is codified within Ch. 163.3177(6)(a) and (d). It requires the future land use plan to discourage urban sprawl, to be based upon energy- efficient land use patterns and to include greenhouse gas reduction strategies. All of these requirements are addressed in the existing Objectives and Policies within the FLUE, as noted in the assessment below. HB 697 also requires the future land use map to "identify and depict ... energy conservation." Collier County has no energy conservation features, such as the Desoto Next Generation Solar Energy Center in DeSoto County, to depict on its future land use map. Instead, energy conservation measures occur at a micro scale, e.g. solar panels on individual single family dwellings. B. Objective Analysis OBJECTIVE 1: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub - districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use 1 FUTURE LAND USE ELEMENT with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Objective Achievement Analysis: In part, this Objective and its Policies address requirements of Ch. 163.3177(6)(a) regarding discouragement of urban sprawl and energy - efficient land use patterns. This Objective remains relevant and should be retained as written. Policy Relevance: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ""AN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use 8. Orange Blossom Mixed -Use Subdistrict 9. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed -Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed -Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Davis Boulevard/County Barn Road Mixed -Use Subdistrict 15. Livingston /Radio Road Commercial Infill Subdistrict 16. Vanderbilt Bach Road Neighborhood Commercial Subdistrict 17. Collier Boulevard Community Facility Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict 10. Goodlette /Pine Ridge Commercial Infill Subdistrict 11. Orange Blossom/Airport Crossroads Commercial Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict 2. Research and Technology Park Subdistrict Policy Achievement Analysis: 2 FUTURE LAND USE ELEMENT This Policy will continue to be amended if new Districts and/or Subdistricts are created (mostly via private sector amendments to the GMP). This Policy remains relevant and should be retained as written. Public Comment (Community Meeting held on 1125110): Public stated County should create Walk only districts — by design or retroactively (close off streets) — and not limited to commercial areas. Policy 1.2: The AGRICULTURAURURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAURURAL - MIXED USE DISTRICT 1. Rural Commercial Subdistrict 2. Corkscrew Island Neighborhood Commercial Subdistrict B. RURAL FRINGE MIXED USE DISTRICT C. RURAL — INDUSTRIAL DISTRICT D. RURAL — SETTLEMENT AREA DISTRICT Policy Achievement Analysis: This Policy will continue to be amended if new Districts and/or Subdistricts are created (mostly via private sector amendments to the GMP). This Policy remains relevant and should be retained as written. Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy Achievement Analysis: This Policy remains relevant and should be retained as written. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy Achievement Analysis: This Policy has existed in the FLUE since the GMP was adopted in 1989. A District has never been created - or needed - in this Designation. However, the potential remains for a District to be created. This Policy remains relevant and should be retained, but should be revised to allow for, but not mandate, the creation of a District (perhaps replace "shall" with "may "). Policy 1.5: fre- lettered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore /Gateway Triangle Redevelopment Overlay 3 FUTURE LAND USE ELEMENT G. Urban -Rural Fringe Transition Zone Overlay H. Coastal High Hazard Area Boundary 1. Traffic Congestion Area Boundary J. Incorporated Areas Policy Achievement Analysis: It will continue to be amended if new Overlays or features are created. This Policy remains relevant and should be retained as written. OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Objective Achievement Analysis: Coordination of land uses with available public facilities continues to be a primary purpose of the GMP. In part, this Objective and its Policies address requirements of Ch. 163.3177(6)(a) regarding discouragement of urban sprawl and energy - efficient land use patterns. This Objective remains relevant and should be retained as written. Policy Relevance: Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy Achievement Analysis: The annual preparation of an AUIR continues to be a valuable tool for Collier County. This Policy remains relevant and should be retained, but should be revised to correct the CIE Policy reference. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, a TCEA, TCMA, add projects to the Capital Improvements Element, enter into a binding commitment with a Developer to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. Policy Achievement Analysis: The listed remedial actions continue to be available. This Policy remains relevant and should be retained as written. 4 FUTURE LAND USE ELEMENT Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. Policy Achievement Analysis: Collier County continues to operate the referenced program. This Policy remains relevant and should be retained as written. Policy 2.4 Pursuant to Rule 9J- 5.0055(6)(a) 3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transport ation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Developments within the South U.S. 41 TCEA that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element, Policy 5.5, and that include affordable housing (as per Section 2.06.00 the Collier County Land Development Code, as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction requirement as contained in the Density Rating System of this Element. Developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Policies 5.7 and 5.8, and that include affordable housing (as per Section 2.06.00 of the Collier County Land Development Code, as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction requirement as contained in the Density Rating System of this Element. Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy Achievement Anal The provisions of this Policy remain viable and appropriate. This Policy remains relevant and should be retained as written. However, if changes are made to the Density Rating System to delete the Traffic Congestion Area density reduction factor, as proposed later in this FLUE Assessment, then this policy should be revised to delete that reference. Policy 2.5 The County shall designate Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development 5 FUTURE LAND USE ELEMENT within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (See Map TR -6). Policy Achievement Analysis: Collier County has designated both referenced TCMAs. This Policy remains relevant and should be retained, but should be revised to reflect the existence of the TCMAs (perhaps replace "shall designate" on first line with "has designated "). Policy 2.6 Traffic impacts generated by new development are regulated through the implementation of a `checkbook' transportation concurrency management system, which incorporates two Transportation Concurrency Management Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA). New developments within the TCMAs and the TCEA that commit to certain identified traffic management strategies shall reduce (the TCMAs) the traffic impact mitigation measures that would otherwise be applied to such developments. Policy Achievement Analysis: Collier County continues to operate the "checkbook" system and to implement the TCMA and TCEA provisions. This Policy remains relevant and should be retained as written. OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes (F.S.), in order to ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Objective Achievement Analysis: This Objective remains relevant and should be retained as written. Policy Relevance: Policy 3.1: Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process. These include the following provisions: 6 FUTURE LAND USE ELEMENT a. The LDC contains procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. b. The LDC contains provisions that protect environmentally sensitive lands and provide for the retention of open space. This has been accomplished: through the implementation of various zoning districts and zoning overlays that restrict higher intensity land uses in the Rural Fringe Mixed Use District and, which require specific land development standards for the remaining allowable land uses; through the adoption of permanent Natural Resource Protection Area (NRPA) Overlays; integration of State of Florida Big Cypress Area of Critical State Concern regulations into the LDC, and, in part, through implementation of the Rural Lands Stewardship Overlay. This has also been accomplished through the implementation of regulations such as minimum open space requirements, native vegetation preservation requirements, and /or through the creation of incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Designated Area. c. Drainage and stormwater management practices shall be governed by the South Florida Water Management District Surface Water Management regulations. d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. e. Signage regulations in the LDC include frontage requirements for signs, require shared signs for smaller properties, contain definitions, and include an amortization schedule for non - conforming signs. f. The safe and convenient flow of on -site traffic, as well as the design of vehicle parking areas are addressed through the site design standards and site development plan requirements of the LDC, which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, and landscaping and buffering criteria. g. The LDC ensures the availability of suitable land for utility facilities, and other essential services necessary to support proposed development, by providing for the location of public facilities and other essential services in the Public Use Zoning District, and in other zoning districts via the Essential Services regulations. h. The LDC provides for the protection of historically significant properties through regulations that: provide for an Historic /Archaeological Preservation Board; provide for the identification of mapped areas of historic /archaeological probability; require completion of a survey and assessment of discovered sites; and, provide a process for designation of sites, structures, buildings and properties as historically and /or archaeologically significant. i. The mitigation of incompatible land uses within the area designated as the Airport Noise Area on the Future Land Use Map shall be accomplished through: implementation of regulations that require sound - proofing for all new residential structures built within the 65 LDN Contour; recording of the legal description of the noise contour boundary in the property records of the County; and, the inter -local agreement with the Naples Airport 7 FUTURE LAND USE ELEMENT Authority that requires the County to notify the Authority of all development proposals located within 20,000 feet of the airport that exceed height standards established by the Federal Aviation Administration. Collier County shall not issue development orders that are inconsistent with the provisions of this Growth Management Plan. Some projects and properties may be inconsistent with densities and land use intensities established in the Future Land Use Designation Description Section of this Element, but these projects and properties have been found to be consistent with this Element via consistency with one or more of Policies 5.9 through 5.13. Policy Achievement Analysis: The Land Development Code continues to include the above cited provisions. This Policy remains relevant and should be retained as written. Policy 3.2: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 04 -41, as amended). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff into a single organizational unit and through streamlining of the review process. Policy Achievement Analysis: In 2010, the County went through further reorganization to incorporate all development review staff into a single organizational unit and within the same building. Also, County staff and consultant are presently working to establish a separate administrative code and to remove the administrative processes from the Land Development Code ordinance. This Policy remains relevant and should be retained as written. OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Objective Achievement Anal Land use studies and resulting refinement of the FLUE remains appropriate. In part, this Objective and its Policies address requirements of Ch. 163.3177(6)(a) regarding discouragement of urban sprawl and energy- efficient land use patterns. This Objective remains relevant and should be retained as written. Public Comment (Community Meeting held on 2123110): Public stated more comprehensive approach needed when planning east of 951; GGE, RLSA and Rural Fringe Mixed Use District (RFMUD) planning affects one another (drainage, roads, resources, commercial and industrial services). FUTURE LAND USE ELEMENT Policy Relevance: Policy 4.1: A detailed Master Plan for the Golden Gate Area has been developed and was incorporated into this Growth Management Plan in February 1991. Subsequent major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report, and in 2002 and 2004 principally based upon recommendations of the Golden Gate Area Master Plan Restudy Committee. The Golden Gate Area Master Plan encompasses Golden Gate Estates subdivision, Golden Gate City, and the Rural Settlement Area formerly known as North Golden Gate. The Master Plan addresses natural resources, future land use, preservation of the Estates' rural character, transportation improvements, other public facilities, and the provision of emergency services. Policy Achievement Analysis: The Golden Gate Area Master Plan continues to guide development of the Golden Gate Area. This Policy remains relevant and should be retained as written. Public Comment (Community Meeting held on 3115110): Public stated Rural Development Standards are needed for non -urban areas. Policy 4.2: A detailed Master Plan for the Immokalee Urban designated area has been developed and was incorporated into this Growth Management Plan in February, 1991. Major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development. Policy Achievement Analysis: The Immokalee Area Master Plan continues to guide the development of the Immokalee community. Following a multi -year review by the LAMP Visioning Committee, a citizen committee appointed by the BCC, the IAMP is presently in process of undergoing significant amendments (petition CP- 2008 -5 was approved for Transmittal on June 23, 2010; Adoption is anticipated in early 2011). This Policy remains relevant and should be retained as written. Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Marco Island Master Plan addressed population, public facilities, future land use, urban design, land development regulations, and other considerations. However all lands that were encompassed by the Master Plan are now within the City of Marco Island and are subject to its comprehensive plan and land development regulations. Accordingly, the Marco Island Master Plan has been deleted from the Collier County Growth Management Plan. Policy Achievement Analysis. This Policy provides historical reference to the MIMP and is no longer needed. 9 FUTURE LAND USE ELEMENT This Policy is no longer relevant and should be deleted. Policy 4.4: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. These Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for Goodlette -Frank Road south of Pine Ridge Road, and for Golden Gate Parkway from US 41 to Santa Barbara Boulevard. The Corridor Management (zoning) Overlay has been adopted into the Land Development Code; it imposes additional development standards and limitations upon properties located along these two road segments. Future Corridor Management Plans may be prepared jointly with the City of Naples as directed by the Board of County Commissioners. The objectives for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette -Frank Road; b. Davis Boulevard from US 41 to Airport - Pulling Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport - Pulling Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. Policy Achievement Analysis: No further Corridor Management Plans have been developed since the two noted in this Policy. However, the recognition that further CMPs may be appropriate remains valid. There is a similar Policy in the Transportation Element (7.4). This Policy remains relevant and should be retained as written. Policy 4.5: An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. Subsequent to completion of the Economic Element of this Growth Management Plan, adopted in December 2003, staff shall prepare an update to the Industrial Land Use Study. Policy Achievement Analysis: This Policy provides historical reference to an Industrial Land Use Study. Collier County has prepared an update to the Study, by updating the Industrial inventory, about every 2 -3 years, depending upon staffing and workload. Such updates should continue to be prepared. This Policy remains relevant and should be retained, but should be revised to recognize the periodic update (perhaps replace the last sentence with a commitment to periodically update the inventory). Policy 4.6: Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: 10 FUTURE LAND USE ELEMENT a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution #01 -247, adopted June 26, 2001). c. Access points and turning movements shall be located and designed to minimize interference with the operation of existing and planned interchanges and intersections. d. Developers of lots, parcels, and subdivisions shall be encouraged to dedicate cross - access easements, rights -of -way, and limited access easements, as necessary and appropriate, in order to ensure compliance with the above - mentioned standards (a—c). Policy Achievement Analysis: Access management continues to be an appropriate and important tool in the review and regulation of development within Activity Centers. There is a similar though broader Policy in the Transportation Element (7.5); it pertains to road corridors, not just Activity Centers located at certain major intersections. This Policy remains relevant and should be retained as written. Policy 4.7: The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. The Bays hore/G ateway Triangle Redevelopment Plan was adopted by the Board on March 14, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport- Pulling Road. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between U.S. 41 North and Goodlette -Frank Road; b. U.S. 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. Policy Achievement Analysis: The only redevelopment plans approved by the Board are within the boundaries of a CRA (Bayshore /Gateway Triangle and Immokalee). Preparation of redevelopment plans in the future, as may be directed by the Board, remains an appropriate planning opportunity. Omitted from this Policy is reference to the Immokalee Redevelopment Plan. This Policy remains relevant and should be retained, but should be revised to specify that such a redevelopment plan may only be prepared by the County or its agent unless first approved by the Board, and to add reference to the Immokalee Redevelopment Plan. Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. 11 FUTURE LAND USE ELEMENT Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the annually updated Capital Improvement Plan, on a continuously rolling basis, population projections shall be calculated for all public facilities using BEBR's medium range growth rate. Population definitions are provided in Policy 1.2 of the Capital Improvement Element. Policy Achievement Anal Collier County prepares the information required by this Policy and should continue to do so. This Policy remains relevant and should be retained as written. Policy 4.9: Pursuant to the Final Order (AC -99 -002) issued by the Administration Commission on June 22, 1999, a Rural and Agricultural Area Assessment was prepared between 1999 and 2002. Based upon the findings and results of the Assessment, amendments to this comprehensive plan were adopted in 2002, including establishment of the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. Policy Achievement Anal Though this Policy only provides historical reference, due to the magnitude of those Final Order -based amendments, it is appropriate to maintain it in the FLUE. This Policy remains relevant and should be retained as written Policy 4.10: Public participation and input was a primary feature and goal of the Rural and Agricultural Assessment. Representatives of state and regional agencies participated in, and assisted in, the Assessment. During the three -year Assessment and subsequent comprehensive plan amendment process, community input was provided through workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Council and the Collier County Planning Commission. Policy Achievement Analysis: Though this Policy only provides historical reference, due to the magnitude of those Final Order -based amendments, it is appropriate to maintain it in the FLUE. This Policy remains relevant and should be retained as written OBJECTIVE 5: In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. Objective Achievement Analysis: In part, this Objective and its Policies address requirements of Ch. 163.3177(6)(x) regarding discouragement of urban sprawl, energy- efficient land use patterns and reduction of greenhouse gas. This Objective remains relevant and should be retained as written. 12 FUTURE LAND USE ELEMENT Policy Relevance: Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element. b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. Policy Achievement Analysis: , This Policy requires all rezoning of property to be consistent with the GMP, then provides means by which properties with existing zoning that is not consistent with their FLUM designation may be rezoned to another zoning district that is still not consistent with their FLUM designation but which allows the same or less density or intensity of use. At one time in the 1990s, this Policy was written as a "use it or lose it" provision — any rezoning of such property could only be to a district consistent with the FLUM designation on that property. This precluded zoning changes that would reduce density or intensity, thereby becoming closer to conforming to the FLUM designation, and /or making development standard changes that might allow for a development more compatible with surrounding properties, either of which might allow for economically viable development whereas rezoning to a conforming district might not be compatible and/or viable (e.g. only being allowed to rezone a C -4 parcel to the RSF -4 zoning district when that parcel is surrounded zoning that allowed higher density or intensity of uses). This Policy has been used numerous times. This Policy remains relevant and should be retained as written. 13 FUTURE LAND USE ELEMENT Policy 5.2: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. Policy Achievement Analysis: This Policy remains relevant and should be retained as written. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. Policy Achievement Anal Collier County implements this Policy through the provisions of the Urban designation as well as the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. This Policy remains relevant and should be retained, but should be revised to clarify changes to the Urban designation refers to the new designation of lands as Urban (perhaps replace "changes" in the third line with "addition "). Public Comment (Community Meeting held on 1125110): Public stated, regarding below item at FLUE Policy 5.6 ( "encourage "experimental" zoning change the TDR program to require use of TDR's to obtain additional density (cluster housing, guesthouses). Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04 -41, adopted June 22, 2004 and effective October 18, 2004, as amended). Policy Achievement Analysis: Compatibility is a criterion in the LDC for review of rezoning and conditional use petitions; the compatibility analysis is provided by Zoning Services staff during their review of each petition. This Policy remains relevant and should be retained as written. Policy 5.5: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. 14 FUTURE LAND USE ELEMENT Policy Achievement Analysis: This Policy is complementary to Policy 5.3. This Policy remains relevant and should be retained as written. Policy 5.6: Permit the use of clustered residential development, Planned Unit Development techniques, mixed -use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. Policy Achievement Anal The Collier County LDC specifically provides for PUD zoning (there are over 300 approved PUDs in the County), cluster development, mixed use development, rural villages, conservation easements, and contains three TDR programs (the RLSA Stewardship Credit program, the RFMUD TDR program, and the TDR provision first adopted in the early 1970s). This Policy is still appropriate. This Policy remains relevant and should be retained as written. Public Comment (Community Meeting held on 1125110): Public stated encourage "experimental" zoning — cluster housing in single-family zoning, guesthouse permanent occupancy. Public Comment (Community Meeting held on 1125110): Public stated County is not doing enough to require mix of land uses. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Policy Achievement Analysis: This Policy complements Policy 4.8 and 4.5. Population estimates and projections are prepared annually by Planning Community, and may also be prepared for other, smaller geographic areas; the Industrial inventory, and a commercial inventory, is also prepared by Planning Community. This Policy remains relevant and should be retained as written. Policy 5.8: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Home, shall be allowed within the Urban designated area, and may be allowed in other future land use designations, subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04 -41, adopted June 22, 2004 and effective October 18, 2004) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. 15 FUTURE LAND USE ELEMENT Policy Achievement Anal. Most Future Land Use designations allow group housing uses; the LDC allows those uses by rezoning or conditional use. This Policy is still appropriate. This Policy remains relevant and should be retained as written. Policy 5.9: Former Policy 3.1 k. of the Future Land Use Element provided for the establishment of a Zoning Reevaluation Program to evaluate properties whose zoning did not conform with the Future Land Use Designation Description Section of the Future Land Use Element. This Program was implemented through the Zoning Reevaluation Ordinance No. 90 -23. Where such properties were determined, through implementation of that Ordinance, to be "improved property ", as defined in that Ordinance, the zoning on said properties shall be deemed consistent with the Future Land Use Element and those properties have been identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy Achievement Analysis: There are many properties, mostly in the coastal Urban area, whose zoning does not conform to the Future Land Use Map designation but are deemed consistent with this Policy, thus are allowed to develop or re- develop in accordance with zoning on the property at time of development or redevelopment. This Policy remains relevant and should be retained as written. Policy 5.10: The zoning on property for which an exemption has been granted based on vested rights, dedication, or compatibility determination, and the zoning on property for which a compatibility exception has been granted, both as provided for in the Zoning Re- evaluation Program established pursuant to former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90 -23, and as identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. Such property shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re- evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Additionally, the Copeland, Plantation Island and Chokoloskee Urban areas were exempted from the Zoning Re- evaluation Ordinance. Existing zoning on properties within these communities shall also be considered consistent with the Future Land Use Element. Policy Achievement Analysis: There are many properties, mostly in the coastal Urban area, whose zoning does not conform to the Future Land Use Map designation but are deemed consistent with this Policy, thus are allowed to develop or re- develop in accordance with zoning on the property at time of development or redevelopment. This Policy remains relevant and should be retained as written. 16 FUTURE LAND USE ELEMENT Policy 5.11: Properties whose zoning has been determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy Achievement Analysis: There are several properties, all in the coastal Urban area, whose zoning does not conform to the Future Land Use Map designation but are deemed consistent with this Policy, thus are allowed to develop or re- develop in accordance with zoning on the property at time of development or redevelopment. This Policy remains relevant and should be retained as written Policy 5.12: The zoning on properties rezoned under the former Industrial Under Criteria provision, or pursuant to the former provision contained in the Urban - Industrial District that allowed expansion of industrial uses abutting lands designated or zoned Industrial, both as adopted in Ordinance 89 -05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy Achievement Analysis: There are a few properties in the coastal Urban area, zoned Industrial or zoned PUD that permits industrial/light industrial uses, that do not conform to the Future Land Use Map designation but are deemed consistent with this Policy, thus are allowed to develop or re- develop in accordance with zoning on the property at time of development or redevelopment. This Policy remains relevant and should be retained as written. Policy 5.13: The properties identified in Ordinance Numbers 98 -82, 98 -91, 98 -94, 99 -02, 99 -11, 99 -19, 99 -33, and, 2000 -20, were previously located in Activity Centers No. 1, 2, 6, 8, 11 and 18, and were rezoned pursuant to those previous Activity Center boundaries. Ordinance No. 2000 -27, adopted May 9, 2000, modified those Activity Center boundaries to exclude those properties. The zoning on those properties shall be deemed consistent with the Future Land Use Element. Policy Achievement Analysis: The referenced properties are located near Activity Centers and their zoning does not conform to the Future Land Use Map designation but are deemed consistent with this Policy, thus are allowed to develop or re- develop in accordance with zoning on the property at time of development or redevelopment. This Policy remains relevant and should be retained as written. Policy 5.14: Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on -site facilities, including sports stadiums, 17 FUTURE LAND USE ELEMENT gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or TAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. c. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or TAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or TAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series and Public School Facilities Element Map Series, as provided for in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land 18 FUTURE LAND USE ELEMENT development regulations to be adopted; and, shall be subject to and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the aforementioned general Interlocal Agreement and SBR Interlocal Agreement, and subject to the implementing land development regulations. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition; 2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (1) zoning districts. (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or Estates (E) zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. f. Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF -6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary plants are permitted by right in the General Commercial (C -4), Heavy Commercial (C -5), and Industrial (1) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. Policy Achievement Anal This Policy recognizes and implements the two Inter -local Agreements adopted in 2003 by the BCC and Collier County School Board. Since then, one of the Agreements has been superseded (adopted in 2008 along with the Public School Facilities Element), the other one has expired and its replacement is presently being negotiated. This Policy remains relevant and should be retained, but should be revised as necessary to reflect the changed status and contents of the Agreements as well as any changes necessary to correlate with the Public School Facilities Element. 19 FUTURE LAND USE ELEMENT Objective 6 Transportation Concurrency Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation Concurrency Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element. Obiective Achievement Analysis: TCMAs remain a viable transportation management tool. This Objective is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Objective remains relevant and should be retained, but should be revised to reference the establishment of TCMAs in past tense (perhaps replace "are hereby" in the last sentence with "have been "). Public Comment (Community Meeting held on 1125110): Public stated County should reserve right -of -way for light rail. Policy Relevance: Policy 6.1 Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5, and relevant subsequent policies, of this Element. Policy Achievement Anal This Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained as written. Policy 6.2 In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership. 20 FUTURE LAND USE ELEMENT c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. Q Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j) Providing transit shelters within the development (must be coordinated with Collier County Transit). Policy Achievement Anal This Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained as written. Policy 6.3: In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to abutting commercial properties. Policy Achievement Anal This Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained, but paragraph e) should be revised to begin with a verb so as to follow the sentence structure (perhaps add "Providing" before "Vehicular "). Policy 6.4 All rezoning within the Transportation Concurrency Management Areas (TCMAs) is encouraged to be in the form of a Planned Unit Development (PUD). Any development contained in a TCMA, whether submitted as a PUD or non -PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6.1.1 of the Conservation and Coastal Management Element. 21 FUTURE LAND USE ELEMENT Policy Achievement Analysis: The direction in this Policy is still appropriate. - This Policy remains relevant and should be retained as written. Policy 6.5 All new development, infill development or redevelopment within a Transportation Concurrency Management Area is subject to the historical and archaeological preservation criteria, as contained in Objective 11.1 and Policies 11.1.1 through 11.1.3 of the Conservation and Coastal Management Element. Policy Achievement Analysis: The direction of this Policy is still appropriate. This Policy remains relevant and should be retained as written. 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. Objective Achievement Analysis: The direction provided by this Objective is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. Comprehensive Planning staff reviews all rezone and conditional use petitions for compliance with the Policies under this Objective. This Objective remains relevant and should be retained, but should be revised to reference reduction of greenhouse gas emissions (perhaps add "reduce greenhouse gas emissions," on the second line after "policies, ". Public Comment (Community Meeting held on 1125110): Public stated encourage smart growth principles — mixed use, urban infill, walkable communities, alternate transportation modes, and more green space. Policy Relevance: 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. Policy Achievement Analysis: The direction provided by this Policy is still appropriate. This Policy remains relevant and should be retained as written. 22 FUTURE LAND USE ELEMENT Policy 7.2 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. Policy Achievement Analy5is. The direction provided by this Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained as written. 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. Policy Achievement Analysis: The direction provided by this Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained, but should be revised for proper wording as connecting interconnection points is nonsensical (perhaps replace "and their interconnection points" with "and/or provide interconnection(s)." Public Comment (Community Meeting held on 3115110): Public stated stress interconnection and continuity. 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. Policy Achievement Analysis: The direction provided by this Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained as written. Policy 7.5: The County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This policy shall be implemented through provisions in specific subdistricts in this Growth Management Plan. Policy Achievement Analysis: The direction provided by this Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. There are several Subdistricts that allow or require mixed use development, most notably the Mixed Use Activity Center Subdistrict. This Policy remains relevant and should be retained as written. 23 FUTURE LAND USE ELEMENT Policy 7.6 The County shall explore the creation of an urban "greenway" network along existing major canal banks and powerline easements. Policy Achievement Analysis: The direction provided by this Policy is still appropriate. In addition to the recreational benefits a greenway could provide, it has the potential to function as a transportation route for alternative modes of transportation (e.g. bike, pedestrian, horseback). This Policy remains relevant and should be retained as written. Policy 7.7 The Community Development and Environmental Services Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. Policy Achievement Analysis: The direction provided by this Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained, but should be revised to update the Division name to reflect 2010 reorganization. C. Future Land Use Designation Description — Assessment of Select Provisions In addition to the above Assessment of FLUE GOPs, staff provides below an Assessment of select portions of the Future Land Use Designation Description Section. Office and In -fill Commercial Subdistrict The intent of this Subdistrict is to allow low intensity office commercial or infill commercial development on small parcels within the Urban Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial" refers to C -1 through C -5 zoning districts and commercial components of PUDs. a. The subject site is in the Urban -Mixed Use District. b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, as adopted in the Transportation Element. b. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. c. The site abuts commercial zoning: 24 FUTURE LAND USE ELEMENT (i) On one side and non - commercial zoning on the other side; or, (ii) On both sides. e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case -by- case basis. g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. i. For those sites that have existing commercial zoning abutting one side only: (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met; and, (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non - commercial zoning on the other side. j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. k. Lands zoned for support medical uses pursuant to the "1/4 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. 1. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban Mixed Use District or in the Urban Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. m. Land adjacent to areas zoned C -1/T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. n. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. o. At time of development, the project will be served by central public water and sewer. p. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. q. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban Mixed Use District is 250 acres. 25 FUTURE LAND USE ELEMENT Provision Analysis: This subdistrict, adopted in 1997 pursuant to the 2004 EAR, is intended to promote commercial infill development on relatively small parcels in the Urban area, and contains numerous parameters that must be met to qualify. It has been used several times. Criterion "1" is intended to prevent use of this subdistrict to "piggyback" on other infill subdistricts. However, if a parcel were adjacent to property rezoned to commercial pursuant to an infill subdistrict on one side, and other commercial zoning on the other side, that parcel would be treated as abutting commercial on one side only, thus be limited to "office or low intensity commercial uses;" this may be nonsensical, depending upon the intensity of those adjacent commercial zoning districts. The County recommends this Subdistrict be retained but criterion "1" be revised to only apply to situations where commercial zoning attained via an infill subdistrict is the only abutting commercial zoning. Density Rating System Residential In-fill: To encourage residential in -fill in areas of existing urban development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (e) There is no common ownership with any adjacent parcels; (f) The parcel in question was not created to take advantage of the in -fill residential density bonus and was created before the adoption of this provision in the Growth Management Plan on January 10, 1989; (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands; and, (h) Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Provision Analysis: In the FLUE, the system currently contains both density bonuses and a density reduction. Within most parts of the Urban Area, the base (or minimum) eligible residential density (i.e., the number of units allowed per acre) is four units per gross acre and the maximum eligible density is 16 units per acre, with one exception; eligible density is not an entitlement. This system allows a residential project, or the residential portion of a mixed -use project, to request increased residential density above the base density, or to lose density, if the project meets certain criteria. There are seven density bonus provisions and one density reduction provision. A project may, or may not, be eligible for any number or combination of these bonuses. The Residential Infll bonus has existed since the GMP was adopted in 1989 and has been used numerous times. However, as part of the Rural Fringe GMP amendments adopted in 2002, this bonus provision was modified to increase the eligible property size from 10 to 20 acres, and to add the requirement that part of the density bonus be derived from TDR credits obtained from RFMUD Sending Lands. The purpose of requiring TDR credits was to help insure the success of the TDR program. It has not worked; since the 2002 amendment, this bonus provision has rarely been used — 26 FUTURE LAND USE ELEMENT perhaps once or twice. Though the purpose for requiring use of TDR credits remains valid, that requirement has stifled the use of this bonus provision intended to encourage infill development. The County recommends the TDR requirement be eliminated. Traffic Congestion Area If the project lies within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, one dwelling unit per gross acre would be subtracted from the eligible base density of four dwelling units per acre. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary.) Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east, but exclusive of the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island, and Chokoloskee). Properties a&mr -ant to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic the Traffic Congestion Area it will not be subject to the density reduction. Furthermore, the density reduction shall not apply to developments located within the South U.S. 41 TCEA (as identified within Transportation Element, Map TR -4, and Transportation Element Policies 5.5 and 5.6, and FLUE Policy 2.4) that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6, and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of the plan of development. This reduction shall likewise not be applied to developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Element Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7.7. of the Collier County Land Development Code, as amended) as part of the plan of development. Provision Analysis: The Traffic Congestion Area, which is depicted on the FLUM, is the only density reduction provision in the FLUE. If a proposed rezoning project is within the Traffic Congestion Area, defined as "an area identified as subject to long range traffic congestion," one dwelling unit per gross acre is deducted. The Traffic Congestion Area density reduction has existed since the GMP was adopted in 1989. It was intended as a means of reducing long -range traffic impacts of new development within that portion of the coastal urban area that was considered to be subject to traffic congestion in the long term; due to physical and social constraints in this area, construction of new major roads and significant widening of existing roads would not be possible. However, it has not been successful in limiting density because the Density Rating System includes various density bonuses that are applicable within this area, thereby allowing the 1 DU /A density reduction to be counteracted. Also, many projects, especially larger ones, do not build out at their approved density; therefore the desired lower density may result without this regulatory feature. Finally, Transportation staff has since determined this density reduction is not needed. The County has adopted a "checkbook" concurrency system that, in many ways, obviates the need for the Traffic Congestion reduction factor For these reasons, staff proposes deletion of this provision — as was previously proposed in the 2004 EAR. 27 FUTURE LAND USE ELEMENT Also as proposed in the 2004 EAR, staff recommends a new density reduction factor be added in place of the Traffic Congestion Area - a Coastal High Hazard Area (CHHA) density reduction factor for properties lying within the CHHA. The CHHA, depicted on the FLUM, is, as would be expected, more closely related to reduction of hurricane evacuation impacts, a concern for all coastal communities. Also, a CHHA density reduction factor would not be as much of a disincentive to urban infill as it would incorporate a smaller portion of the urban area — the CHHA is smaller than the Traffic Congestion Area. The County recommends the Traffic Congestion Area density reduction factor be deleted and replaced with a Coastal High Hazard Area density reduction factor and so reflected on the FLUM; that correlating changes be made to all GMP references to the Traffic Congestion Area; that a correlating change be made to the FLUM to modify the four partial residential density bands within the Urban Residential Subdistrict (three along Airport- Pulling Road, one along Davis Blvd. and County Barn Road) to complete circular bands; that both the Roadway Access and Proximity to Mixed Use Activity Center or Interchange Activity Center (residential density bands) bonuses be revised to replace reference to Traffic Congestion Area with CHHA reference; and, revise the Conversion of Commercial Bonus to prohibit its application within the CHHA. Mixed Use Activity Center Subdistrict (partial excerpt) Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this includes 3 Interchange Activity Centers ( #4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted as they are now within the incorporated City of Marco Island. # 1 Immokalee Road and Airport - Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 1 -75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake- Hammock Road and Collier Boulevard # 8 Airport - Pulling Road and Golden Gate Parkway # 91 -75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #101 -75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport - Pulling Road #12 US 41 and Pine Ridge Road #13 Airport - Pulling Road and Pine Ridge Road #14 Goodlette -Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport - Pulling Road #17 US 41 and Rattlesnake- Hammock Road #18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, 28 FUTURE LAND USE ELEMENT they are generally intended to be developed at a human - scale, to be pedestrian- oriented, and to be interconnected with abutting projects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel /motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The actual mix of the various land uses shall be determined during the rezoning process based on consideration of the factors listed below. Except as restricted below under the provision for Master Planned Activity Centers, all Mixed Use Activity Centers may be developed with any of the land uses allowed within this Subdistrict. For residential -only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allows by the density rating system. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed -use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: (1) the mixed use component of the project within the Activity Center shall include a minimum of thirty percent (30 %) of the Activity Center - accumulated density; (2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and, (3) the portion of the project within the Activity Center shall be developed at a human scale, be pedestrian- oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 29 FUTURE LAND USE ELEMENT Provision Analysis: Mixed Use Activity Centers (MUAC) allow almost all land uses (industrial uses are excluded) - the full array of commercial uses, mixed use (residential and commercial), residential uses, agricultural uses, community facility uses, essential services, etc. Most MUACs allow residential -only projects at the highest density allowed by the FLUE (16 DU /A), including most of the CHHA; the exception is those portions of MUACs within the Urban Coastal Fringe are capped at 4 DU /A. However, mixed use projects within the CHHA are capped at 4 DU /A. Further, the allowance for 16 DU /A is in contrast with most density bonus provisions which are not applicable within the CHHA, and the remaining ones that are proposed to be revised so as not to be applicable in the CHHA. Given the longstanding and continuing concern for development, especially residential, within the CHHA, CHHA density should be consistently limited. The County recommends the allowable density for residential -only projects within the CHHA be reduced to a maximum of 4 DU /A, the same as for mixed use projects. Mixed Use Activity Center Subdistrict (partial excerpt) Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as a Master Planned Activity Center. A Master Planned Activity Center is one which has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area -wide Development of Regional Impact. Property owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Activity Center process, as provided below. # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake- Hammock Road and Collier Boulevard #14 Goodlette -Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus location of uses permitted within a designated Mixed Use Activity Center. The boundaries of Master Planned Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below. However, the acreage within the reconfigured Activity Center shall not exceed that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Activity Center: 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51 % of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51 % ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51 % ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control. 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center 30 FUTURE LAND USE ELEMENT encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed at Activity Center # 3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses ") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self - storage facilities — this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys — these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor /builder construction trade specialists or accessory to warehouse space for various contractor /builder construction trades occupants; management associations of various types of buildings or provision of services to buildings /properties; and, fitness centers. Activity Center #14 (Good lette- Frank Road and Golden Gate Parkway) shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. 3. The location and configuration of all land uses within a Master Planned Activity Center shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network. 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections) into the applicant's Master Plan. Provision Analysis: The Master Planned Activity Center provision is an example of the downside to "legislation on the fly" (it was mostly written at and during a public hearing) — it is poorly written and confusing. The County recommends this Master Planned Activity Center provision be rewritten for clarity, and possible substantive change, likely to include reorganization/restructuring of the provision. Rural Fringe Mixed Use District (select excerpts) The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi - rural, rapidly developing, 31 FUTURE LAND USE ELEMENT large -lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed_ Use District do not represent a significant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part, to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of -way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. * ** * ** * ** * ** * ** * ** break * ** * ** * ** * ** * ** * ** Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. 7. Permitted Uses: Permitted uses are limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act) b) Detached single - family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. c) Habitat preservation and conservation uses. d) Passive parks and other passive recreational uses. e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. f) Essential Services necessary to serve permitted uses identified in Section 5.a) through 5.e) such as the following: private wells and septic tanks; utility lines, except sewer lines; sewer lines and lift stations, only if located within non -NRPA Sending Lands, and only if located within already cleared portions of existing rights -of -way or easements, and if necessary to serve the Rural Transition Water and Sewer District; and, water pumping stations necessary to serve the Rural Transition Water and Sewer District. g) Essential Services necessary to ensure public safety. 32 FUTURE LAND USE ELEMENT h) Oil and gas exploration. Where practicable, directional - drilling techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in 4f). Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one -year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. (2) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3) Commercial uses accessory to permitted uses 4.a), 4.c) and 4.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. * ** * ** * ** * ** * ** * ** break * ** * ** * ** * ** * ** * ** Exemptions from the Rural Fringe Mixed Use District Development Standards — The requirements of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. Provision Analysis: The RFMUD - its allowance of uses, TDR program, etc. - was created to apply to lands zoned A, Rural Agricultural. However, there are some lands with non -A zoning, including GC, Golf Course; TTRVC, Travel Trailer Recreational Vehicle; PUD, Planned Unit Development; VR, Village Residential; MH, Mobile Home; RSF -3, Residential Single Family; C -2, Convenience Commercial; and, C -3, Intermediate Commercial. For some of these non -A zoning districts, to allow or only allow the uses and densities of the RFMUD would be in conflict with the underlying zoning district and would grant additional uses not allowed by underlying zoning or prohibit uses that are allowed by underlying zoning (e.g. RFMUD Neutral Lands would allow residential and agricultural uses whereas C -2 doesn't allow those uses and would not allow commercial uses whereas C -2 allows various commercial uses). To apply the RFMUD regulations to non -A zoning would not only open the County to potential Bert Harris Act claims, it just wouldn't make sense — the uses of the RFMUD do not correlate to the 33 FUTURE LAND USE ELEMENT development standards of the non -A zoning districts. Similarly, to apply the TDR program to non -A zoned lands is nonsensical. - The RFMUD Sending Lands originally included only the provision for base TDR credits. However, via a subsequent GMP amendment, various bonus credits were added. However, in doing so, the necessary correlating renumbering of cross - references within subparagraphs 71 and 8.a.(1) and (3) did not occur (to change "5" to "7" and "4" to "7," respectively). The "Exemption" provision at the end of the RFMUD is a grandfathering provision for existing uses. Part of that provision allows for the expansion of existing uses ( "The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. "). This language needs to be revised so as to clearly reflect the intent to allow for on- site expansion, not expansion onto lands not part of the existing use. Also, the title of this provision incorrectly refers to development standards whereas the provision itself applies to the RFMUD in its entirety. The County recommends the RFMUD be revised to clarify that it only applies to A -zoned lands; to correct a miss- numbering from a past amendment to the RFMUD Sending Lands designation; and, to clarify the applicability of "expansion" and delete unneeded text from the Exemption provision title. Bayshore /Gateway Triangle Redevelopment Overlay The Bayshore /Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore /Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on March 14, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed -Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C -1 through C -3 zoning district uses plus hotel /motel use. Mixed -use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non - residential /non - commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water - dependent and water - related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 34 FUTURE LAND USE ELEMENT 4. Properties with access to US -41 East are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore /Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06 -08), and amended December 14, 2006 (Ordinance No. 06 -63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties with access to Bayshore Drive, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and must comply with the standards identified in Paragraph #8, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. 7. Existing zoning districts for some properties within the Bayshore /Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and #5 above, mixed use projects within the Bayshore /Gateway Triangle Redevelopment Overlay must comply with the following standards: a. Buildings containing only commercial uses are limited to a maximum height of three stories. b. Buildings containing only residential uses are limited to a maximum height of three stories except such buildings are allowed a maximum height of four stories if said residential buildings are located in close proximity to US -41. c. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels /motels will be limited to a maximum height of four stories. e. For purposes of this Overlay, each building story may be up to 14 feet in height. f. For mixed -use buildings, commercial uses are permitted on the first two stories only. g. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. h. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a — g. 9. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable - workforce housing density bonus, as provided in —the 35 FUTURE LAND USE ELEMENT Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 10. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 11. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore /Gateway Triangle Redevelopment Overlay Map, shall be limited to non - residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and /or recreational open space uses. Provision Analysis: This Overlay was adopted in 2000 with the intent of promoting redevelopment within this area. It includes a density bonus (reallocation) provision and contains some specific development standards applicable to projects that utilize the bonus provision. These and other development standards are contained in the LDC in two zoning overlays. Many other FLUE provisions (subdistricts) contain development standards, but only some of those include height limits, and this Overlay is the only FLUE provision that specifies the height of a building story. Such a detailed standard in the FLUE may be problematic, and has proven to be in the case of a presently pending PUD rezone petition within this Overlay. Leaving such detail to the LDC is more appropriate as the LDC includes variance and deviation provisions whereby an applicant has the opportunity to demonstrate why or how such a standard should not be applied to a given project. The County recommends deletion of subparagraph 8.e. Future Land Use Map and Map Series The Future Land Use Map includes a depiction of the CHHA. Provision Analysis: The CHHA is described in CCME Policy 12.2.5. The definition of the CHHA in Florida Statutes changed in 2006 but that Policy has not been revised. Any necessary change to CHHA boundary description in CCME policy 12.2.5 needs to be reflected on the FLUM. The County recommends any changes to the CHHA boundary made in CCME Policy 12.2.5 be reflected on the FLUM depiction of the CHHA boundary. The Future Land Use Map Series includes detailed map features. Provision Anal Some FLUM series maps, e.g. Mixed Use Activity Center maps, include underlying details such as zoning classifications, layout of streets, parcel and subdivision layout, incorporated area boundaries, etc.; the underlying details of many of these maps are outdated. One or more maps have not been revised to correlate with other past map changes, e.g. Activity Center Index Map vs. individual MUAC maps. The Stewardship Overlay Map was previously amended to depict the approved Stewardship Sending Areas; the boundaries for SSA #7 were inadvertently shown incorrectly, and some additional SSAs have since been approved. The FLUM needs to be revised to correct the depiction of certain 36 FUTURE LAND USE ELEMENT boundaries in the eastern portions of the County: the Conservation/RLSA boundary along Corkscrew Road (should not jog above the road); the South Golden Gate Estates NRPA at and near Port of the Islands (NRPA should follow the north and west border of POTI Urban designation, not extend within it, and the NRPA boundary west of POTI should follow US 41); the Agricultural/Rural— Conservation designation near US 41 /SR 29 intersection (should follow US 41 and SR 29, not run north and east, respectively; and, the Agricultural/Rural designation should extend west of Everglades City to the ACSC boundary). The FLUM was previously amended to add a feature depicting an interchange at I- 75 /Golden Gate Parkway but the map legend does not include that feature. The County recommends these maps be revised to update and correct as necessary. Miscellaneous FLUE Issue - Henderson Creek Mixed Mixed Use Subdistrict Specific requirements and limitations for the Henderson Creek Mixed -Use Subdistrict as follows: p. The type of landscape buffers within this Subdistrict shall be no less than that required in mixed -use activity centers. Provision Analysis: Paragraph "p." refers to buffer standards for mixed use activity centers; however, neither the GMP nor LDC contains any such buffer standards. The County recommends the Subdistrict be revised to remove paragraph "p." Miscellaneous FLUE Issue - Davis Boulevard /County Barn Road Use Subdistrict Projects within this Subdistrict shall comply with the following standards and criteria: a. Commercial Component 5. Allowable commercial uses in the commercial component shall be limited to those uses permitted in the C -1, C -2, and C -3 zoning districts as contained in the Collier County Land Development Code, Ordinance 04 -41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005 -25 adopted on June 27, 2005). Provision Analysis: Subparagraph a.5. contains an erroneous date - June 27, 2005 should be June 7. The County recommends the Subdistrict be revised to correct the referenced date. Planning Horizon Issue Provision Anal The FLUM is labeled 2006 -2016; future transportation maps are labeled 2025; other planning and/or infrastructure programs have different timelines. There is a need to align the planning horizon within the GMP. The 2007 -2008 combined cycles of GMP amendments, scheduled to be adopted on July 28, 2010, includes an amendment to add a new Policy 4.11 in the FLUE, as follows: In the next Evaluation and Appraisal Report (EAR), due January 1, 2011, Collier County will identify as an issue to be addressed, the need to align dates within the various elements of this growth management plan. This will include, but may not be limited to, the planning time frame for the Future Land Use Map, the Rural Lands Stewardship Area Overlay, and Transportation Element long range maps. Necessary 37 FUTURE LAND USE ELEMENT amendments to achieve the alignment of dates will be included in the EAR -based amendments to the Plan. The County recommends revising the various planning horizons to be consistent, perhaps 2025. Designation /District/Subdistrict Relationship Provision Analysis: Both the Urban and Agricultural/Rural Designations contain multiple Districts and Subdistricts. Various uses are allowed under the Designation that may or may not be allowed under each subsequent District or Subdistrict though this is not always readily discernable. The County recommends clarification of the relationship between Designations, Districts and Subdistricts; this may necessitate restructuring parts of the Designation Description section of the FLUE. 38 FUTURE LAND USE ELEMENT Chapter Three '0 Major Issues Water Resource Protection STATEMENT OF ISSUE An evaluation of the objectives and policies of the GMP for their effect on managing water resource protection throughout the County by promoting mechanisms to protect the County's estuarine and wetland systems. ISSUE BACKGROUND Subsection 163.3177 (5)(d), Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans, an Element, dealing with "the conservation, use, and protection of natural resources in the area, including air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources." The statute further relates the functions of the Conservation and Coastal Elements so that, in effect, local governments in designated coastal areas, such as Collier County, are required to prepare a Conservation and Coastal Management Element, which fulfills the requirements for both Elements. Accordingly, Collier County's Conservation and Coastal Management Element is divided into thirteen (13) separate goal areas. These may be summarized as follows: 1. Protection of natural resources; 2. Protection of surface and estuarine water resources; 3. Protection of groundwater resources, 4. Protection of freshwater resources; 5. Protection of mineral and soil resources; 6. Protection of native vegetation and wildlife habitat; 7. Protection of fisheries and wildlife; 8. Maintenance of existing air quality; 9. Management of hazardous materials and hazardous wastes; 10. Protection of coastal resources; 11. Protection of historic resources; 12. Hurricane evacuation and sheltering; and 13. Avoiding duplication of regulations. Collier County is a large land area of approximately 2000 square miles in southwest Florida. The topography is extremely flat ranging from a high elevation of approximately forty (40) feet above sea level in the unincorporated community of Immokalee in the northeastern portion of the County to the back of a low coastal dune system at approximately four (4) feet at the coastline along the western and southern portions of the County. The typical ground slope is approximately one (1) foot per mile in the western half of the County and less than that in the eastern half of the County. Additionally the area receives an average rainfall of about 53 inches with 37 inches during the wet season (June through October). Due to the lack of relief, abundant rainfall, highly permeable soils, and proximity to sea level the ground water table is very close to WATER RESOURCE PROTECTION the ground surface. The flat topography results in large areas of sheetflow across natural ground, but canals, road construction, agricultural operations, and urban development have greatly altered this sheetflow in the western portion of the County. Collier County, due to the Immokalee Ridge in the northeast, is basically its own drainage watershed. The shallow topography, with the Immokalee Ridge located in the northeastern portion of the County near the Lee County and Hendry County boundaries, creates a series of drainage basins with very little exchange of stormwater crossing County lines. Additionally, in some locations agricultural and development activities have constructed earthen berms along their property lines that correspond to the County lines that further define the drainage basin boundaries. The eastern half of the County is predominantly federally owned wetlands that receives sheet flow as a part of the Everglades system, but this remains in the eastern half of the County and continues the flow in a southwesterly direction. Due to the low gradient terrain and wetland hydrologic features, construction of canals along section lines and roads, drainage is not uniform and implementation of a uniform level of service for flood conveyance in all areas of Collier County is not feasible. The County generally considers a 25 -year 3 -day rainfall event as the design storm for area west of Collier Blvd. (CR- 951) and a 10 -year 1 -day rainfall event as the design storm for the Golden Gate Estates areas east of Collier Boulevard (CR 951). Because the soils are so porous the canals drain preserves and shallow aquifers as well as residential developments. The shallow aquifers are utilized by suburban and rural residents for potable water. Additionally the large fresh water discharges, contributed from the development of the county, during the wet season have been found detrimental to the estuaries. For these reasons there have been many adjustable water level controls installed in the canal systems to improve functionality. The development of Watershed Management Plans and interim regulations is specified in the Conservation and Coastal Management Element (CCME) Objective 2.1 of the Collier County Growth Management Plan, as adopted by the Board of County Commissioners on 1 -25 -07 (Ordinance 2007 -16). The Florida Department of Community Affairs reviewed all amendments to the CCME, including the addition of these "interim standards" and on 5 -2 -07 issued their Notice of Intent to find the CCME amendments "in compliance" with Florida Statutes. After the 21 -day challenge period ended without a challenge being filed, the amendments to the CCME became effective on 5- 24 -07. The interim standards require a new development and re- development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications (February 2006) and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Sub - element Policy 6.2 and 6.3, respectively. The 150% water quality volumetric requirement also applies to the County's minimum requirement of one (1) inch under Ordinance 90 -10, as amended; thus increasing the County's minimum requirement to one and one -half (1.5) inches. 2 WATER RESOURCE PROTECTION WMP Watersheds - FDEP Everglades West Coast Watersheds Legend FDEP EWC Watersheds Marco beach i Marco Island 8CNP __.., ;_� Naples Cochalchsa Beach ! Naples Beach —! Cacohatchee Corkscrew - Okaloac oc hee -SR29 _ Paka Union Roo—y Bay Fakahatchee South Naples Beach jGnlden Gate Naples Bay Ton Thousand I5tands ..-.:.:. Oolr Lee COUn r - Hendry County --hrrr, 61 VI" I s P rn,clo �[• I �s _ � O 1 1� � t o ax I Mort I "oe Data Source: 8as.. /Watershed- FDEP v Created By GIS CDES l Envronmerdal Services G16E TTmp\Mb lershediCC EVVC _W Vm d CAer G D0to e nCC_EWVrsdP.jpg ate, l�7 Q 3 G 12 Miles Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 3 WATER RESOURCE PROTECTION Floodplain storage compensation shall be evaluated for developments within the designated flood zones "A ", "AE ", and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date of November 17, 2005. Floodplain storage compensation shall also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. Comprehensive Plan Implementation The Collier County Growth Management Plan addresses the need to complete the prioritization and begin the process of preparing Watershed Management Plans, which is to contain appropriate mechanisms to protect the County's estuarine and wetland systems. The process consist of (1) an evaluation of areas for which Watershed Management Plans are not necessary based on current or past watershed management planning efforts, (2) an assessment of available data and information that can be used in the development of Watershed Management Plans, and (3) budget authorization to begin preparation of the first Watershed Management Plan. A funding schedule is established to ensure that all Watershed Management Plans will be completed by 2010. In selecting the order of Plan completion, the County shall give priority to watersheds where the development growth potential is greatest and will impact the greatest amount of wetland and listed species habitats. The schedule and priorities shall also be coordinated with the Federal and State agency plans that address Total Maximum Daily Loads (TMDLs). Until the Watershed Management Plans are completed, The County shall apply the interim standards for development. Below are the public comments received related to Water Resource Protection: WATER RESOURCE PROTECTION • County should re- evaluate monitoring and maintenance procedures for nutrient loads /pollution/water quality. Objective 1 of the Drainage Sub - Element • Improve public participation outreach and involvement for watershed management planning. Observational. • The County needs better outreach and education with user-friendly terminology and use illustrations. Observational. • The County Watershed Management Planning needs to be holistic — more than just water. Observational. • With a future unpredictable climate we cannot depend on previous historical levels of water. Observational. • Develop new tools to predict future water availability. Policy 1.3 of Potable Water Sub - Element. • GMP elements need to consider the effects they have on each other and, Available water supply; Waste Management (Landfills); and Drainage. Observational. • If and when sea levels rise, what has the BCB done to keep water in the Eastern Collier area fresh and apart from encroaching seas? Observational — Major Issue - Climate Change. • The County has let the residents down by acquiescing in the FIRM. Observational. 4 WATER RESOURCE PROTECTION • The County has failed to provide guidance to the people who will need a LOMA. Programmatic. • The County has failed to limit growth based on available resources. Objective 2 (Financial Feasibility) Capital Improvement Element • The County has failed to consider the cumulative effect of deep aquifer withdrawal. Observational • The County has failed to develop a County -wide Storm Water Plan. Objective 21 Conservation and Coastal Management Element • Canals not cleaned (algae and weeds cover canal along Frangipani Ave.) Algae sheet sunk (causing future problems for fish and drainage). Programmatic. • C 7 connector has better flow low due to culverts being installed Observational • FEMA elevations too large a burden during severe recession. Observational • Need more efficient water management of rural areas east of CR951 to prevent flooding and being rezoned to flood area. Observational • The new Flood Insurance is unacceptable. Observational • The County should protest FIRM. Observational • If f looding is a problem, don't allow additional buildings and asphalt (which can impact their neighbors). Observational • Ditches and swales are not being cleaned and cleared; and driveways do not have proper culverts. Programmatic. • Standing water only 3 times (95, '06 and '08) the same time the county took readings. Observational • County Government has failed to implement the Watershed Management Plan into which all other Construction and Coastal Elements, Goals and Objectives were to be involved. Observational - Objective 2.1 Conservation and Coastal Management Element • Disappointed with County's failure to put the '89 GMOP LDC into place in a timely manner. Observational • County has failed to address sustainability and quality of life for all resources. Observational • The '89 GMP required that all aspects will be evaluated, watershed by watershed, where is that guidance? Observational - Objective 2.1 Conservation and Coastal Management Element • All development in the urban zones and outside should be considered and evaluated after each watershed and its characteristics were developed. Objective 2.1 Conservation and Coastal Management Element • Failed to put into place a Watershed Management Plan. Objective 2.1 Conservation and Coastal Management Element • Dropping water table in GG Estates, GG Estates water resources are being used by City and other areas without benefit to GG Estates Observational 5 WA TER RESOURCE PROTECTION • Re -use water — can it be turned into a drinking water source? Potential waste of re -use water is a concern (If there is no demand, why pay for treatment ?) Policy 1.1 Potable Water Sub - Element. • County has no Flood Plain Management Plan. Policy 6.3 Drainage Sub - Element. • No coordination with Big Cypress Basin; SFWMD; FEMA and DEP (ex: - Picayune Strand Restoration project was completed without consideration of the effect of the RLSA on the flood plain). Observational • Where are the Comprehensive Watershed Management Plan and the Comprehensive Water Resource Management Plan? Policy 1. S Drainage Sub - Element. • When are the efforts going to be: Funded; Delivered; and Scheduled. Observational, • Where is monitoring and maintenance of water resource? Potable Water and Drainage Sub- Elements. ■ WatershedlWater Resource Management needs to be holistic. Observational ■ EnvironmentI Development /Conservation/Recharge /Recycle /Reuse /Alternative Water Resources Observational, ■ The County needs to establish a Stormwater Utility fee to address needed improvements and to address EPA's implementation of the NNC (Numeric Nutrient Criteria). Observational & Policy 1.5 Drainage Sub - Element. 6 WATER RESOURCE PROTECTION RURAL FRINGE MIXED USE DISTRICT STATEMENT OF ISSUE The Rural Fringe Mixed Use District (RFMUD) is the Future Land Use Element Sub- District which was adopted in 2002 through Ordinance 02 -32, as a result of Final Order — ACC -99 -002. ISSUE BACKGROUND ACC -99 -002 was issued by the State due to the County's GMP being found to lack regulatory protection for environmentally sensitive property, not adequately discouraging urban sprawl and preventing the premature conversion of agricultural land. The Final Order required the following modifications to the GMP to address the issues within three specified areas: 1. Identify and propose measures to protect prime agricultural areas. 2. Direct incompatible uses away from. wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area -based allocations, clustering and open space provisions and mixed use development. The Rural Fringe Mixed Use District was designed to address the above specified areas of concern. The District, as identified on Future Land Use Map, consists of approximately 93,600 acres. Significant portions of the District are adjacent to the urbanized area as well as the semi - rural, rapidly developing; large -lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed Use District do not represent a significant portion of the County's active agricultural lands. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Rural Lands Stewardship Area (RLSA) and Conservation designated lands farther to the east. As of June 2002, the Rural Fringe Mixed Use District consisted of more than 5,550 tax parcels, and included at least 3,835 separate and distinct property owners. Alternative land use strategies were developed for the Rural Fringe Mixed Use District, in part, to consider these existing ownership patterns. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, irn designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. The Rural Fringe Mixed Use District is separated into three specific areas, Sending Lands, Neutral Lands, and Receiving Lands. Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. The permitted uses within the Sending Lands are limited to a narrow list of permitted and conditional uses and the regulations allow residential density at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on 1 RURAL FRINGE MIXED USE DISTRICT (RFMUD) or before June 22, 1999 (lots <5 acres which existed as of October 15, 1974 or January 5, 1982, depending upon location). Neutral Lands have been identified for limited semi -rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. A lower maximum gross density is prescribed for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses permitted within Receiving Lands are not authorized in Neutral Lands and the area allows a maximum density of 1 dwelling unit per 5 gross acres (0.2 units per acre). The density allotted to the area prior to the adoption of the Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as being most appropriate for development and to which residential development units may be transferred from areas designated as Sending Lands. Based on the evaluation of available data, these lands have a lesser degree of environmental or listed species habitat value than areas designated as Sending and generally have been disturbed through development, or previous or existing agricultural operations. Various incentives are employed to direct development into Receiving Lands and away from Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within the Receiving Lands the base residential density allowable is one (1) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Receiving Lands through the TDR process is one (1) dwelling unit per acre, with a minimum project size of 40 contiguous acres. This maximum density is exclusive of the Density Blending provisions. The Rural Fringe Mixed Use District, as noted, has been regulatory constructed to steer development away from environmentally valuable land and to the areas designated Receiving Lands. The areas designated Receiving will be the areas which will require the greatest outlay for infrastructure improvements. Within each of the four Receiving areas, the FLUE allows the development of a single Rural Village, which by regulation must be located where public infrastructure exists or is planned, and shall have direct access to a roadway classified by Collier County as an arterial or collector roadway, or access to the Village may be via new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. Additionally, a Rural Village may only be approved after demonstration that the Village will be fiscally neutral or positive to county taxpayers outside of the Village. These provisions of the regulations attempt to ensure that the highest intensity development allowed by the Rural Fringe Mixed Use District will have in place or identified the means for funding the capital improvements necessary in maintaining the Level of Service (LOS) required by u "e GIMP. The 2005 Residential Build -Out Study anticipated a total of 57,644 people or 19,433 dwelling units for the RFMUD. The Collier Interactive Growth Model (CIGM) projects a total of 34,837 people or 11,769 dwelling units. The population or either projection will require extensive infrastructure to satisfy the demands of the anticipated population. The regulatory component of within the FLUE provides for a means in which the most intense development allowed within this District, Rural Villages, are required to provide the funding for the capital improvements necessary to maintain the County required adopted level of service for public facilities and services. Comprehensive Plan Implementation &Program Assessment As noted the RMUD was established based on the principal of preserving environmentally sensitive lands, discouraging urban sprawl, promoting mixed use, protecting listed species and their habitats, 2 RURAL FRINGE MIXED USE DISTRICT (RFMUD) while respecting the property rights inherent to the property owners within the sub - district. The assessment on the following page provides for analysis to better determine if the goals and objectives of the RFMUD are being met. TRANSFER OF DEVELOPMENT RIGHTS TO DATE — FY2003 -2010 Number of Acres enrolled in TDR Program Number of Base TDR Credits Number of Bonus TDR Credits Number of R &M TDR Credits Processed Pendine Process Total Acres 762.00 20.00 762.00 20.00 324.00 Number of Conveyance Credits 324.00 Totals Total Credits in Program: 2.090.00 40.00 2.130.00 Total Credits Redeemed: 300.00 TDR CREDITS YET TO BE REDEEMED: TRANSFER OF DEVELOPMENT RIGHTS - POTENTIAL Unprocessed Potential Number of Acres TOTAL 17051.00 Potential Number of Base Credits 3,448.00 Potential Number of Bonus Credits 3,448.00 Potential Number of R &M Credits 3,448.00 Potential Number of Conveyance Credits 3,448.00 POTENTIAL CREDITS TOTAL $3AW All of the above have been rounded to the next highest figure There are a total of 20,664 acres which are designated sending that have been designate eligible to sever their development right. It should be noted that this acreage does not include all designated sending lands due to those lands being in public ownership and not eligible for the TDR program. Of the 20,664 acres, 17.5 percent or 3,615 acres have had or are in the process of having their TDR's separated through voluntary participation in the program. Based upon the above estimates there are potentially a total 15,930 TDR's, of which 13.3 percent or 2,130 TDR's have been generated through participation in the program. Of the 2,130 TDR's which have been generated to date, 300 TDR's or 14.1 percent of the TDR's generated have been redeemed. The TDR program has been in existence for just under seven years, with participation in the three mentioned areas all within the 12 to 18 percent 3 RURAL FRINGE MIXED USE DISTRICT (RFMUD) participation range. Based upon the information available regarding existing TDR programs, the Collier TDR program can be viewed as active and achieving the stated purpose. In a November 30, 2004 memorandum from Dr. James Nicholas to Marti Chumbler regarding the proposed additional TDR credits being proposed at the time. Dr. Nicholas references two of the more successful programs in the county, Montgomery County Maryland and New Jersey Pinelands. Both programs are approaching 25 years and for the Montgomery County program 60 percent of possible TDR's have been severed and -for Pinelands, just fewer than 50 percent of lands have participated. If the Collier program was extrapolated on a straight line based upon the fact that 13.3 percent of the total potential TDR's have been created, extending out 25 years or 3.5 times the current length of the Collier program, the participation rate would be 7,455 TDR's generated or 47 percent of the total 15,930 potential TDR's. This participation rate would place Collier's program along side of the Pinewoods program, but behind the Montgomery County program, but a successful program based upon the matrix established. The following assessment attempts to evaluate the RFMUD regarding the number of TDR's and the acreage designated Receiving. Four Receiving Areas TDR expenditure characteristics Non Village Maximum density 1 unit per acre when utilizing TDR's Minimum 40 acres need 32 TDR's to enable. Village 3 Allowed at maximum 1,500 acres @ 3 max DU per acre 1 Allowed at maximum 2,500 acres @ 3 max DU per acre Total 7,000 acres @ 3 DU per acre — Maximum 21,000 DU 1,400 DU associated with Base Density 7,000 TDRS to enable 14,000 DUs based on Rural Village Bonus Credit Provision Sub -total 7,000 TDRs used to enable 15,400 DU's 5,600 Additional TDRs need to enable maximum density Estimated that a total of 12,600 TDRs needed to enable maximum density and size for allowed Rural Villages* *number of TDRs needed will be decreased slightly by density associated (1 DU per 5 acres) with required greenbelt encompassing village. Total receiving Land - 22,020 acres Potential TDRs - 15,630 Less developed land —5,201 TDRs for Max Village - 12,600 Less acres of potential Village — 7,000 Remaining Acres — 9,819 Remaining Potential TDRs -3,030 4 RURAL FRINGE MIXED USE DISTRICT (RFMUD) Remaining 3,030 TDRs could enable 3,788 acres of additional receiving land @ 1 DU per acre. (each minimum 40 acre development requires 32 TDRs to entitle) Total — 6,031 acres of receiving land could not participate in the program due to full expenditure of potential TDR credits. From the above analysis, it can be determined that there are an adequate number of TDR's potentially in the system to enable the 73% of the eligible receive lands. It should be noted that the program was not designed for 100% participation. Additionally, 5,201 acres of receiving land is currently developed with residential, commercial, industrial and institutional uses (see map on the following page). With these two additional data sets considered within the evaluation it can be concluded that there is a sufficient number of TDR's and potential TDR's within the program. _ r l 5 RURAL FRINGE MIXED USE DISTRICT (RFMUD) RURAL FRINGE MIXED USE DISTRICT - RECEIVING (.'2 X20 ACRE51 NEUTRA.1 sfiET ACRESi DEVELGPEn PWCEIS IN RECEIVING Developed Residential:. 1,797 Acres Developed Commercial: 2,825 Acres Developed Industrial: 532 Acres Developed Institutional: 47 Acres 0 1.25 2.5 Miles (#9 MAPPIN2. BETH VANO wCP OPCW.TION3K3R04 /M MMIgt3EMENT DIYl310ai Flit F/ Gts�nTME0UE3T�EAPAaEC E1VINGlAMLM�l- The map on the following page shows the program activity, as well as the public ownership pattern within the RFMUD. :(*er 4C4mpt y TDR PROGRAM ACTIVITY 6 RURAL FRINGE MIXED USE DISTRICT (RFMUD) a The TDR Program Activity map, particularly for the South Belle Meade area, shows how the program is furthering the state and local effort to protect the designated sending lands, which in the case of the South Belle Meade area forms a natural extension of the Picayune Strand State Forest. The Public owned land is shown in green. The conclusion from the RFMUD analysis is that the program has been effective in accomplishing the specified goals of the sub - district, as well as the Final Order, which promoted the creation of the RFMUD. This assessment does not align with the public comments received at the public participation meetings held in early 2010. Those comments are provided for below. • Adjustment to Transfer of Development Rights (2005) program not producing desired result. Wholesale comment on Overlay • Application process for severances & not transfers Development Code f fair to all receiving agencies. Land • Need more specifics of Land Management Plan required for TDR credit N6.3. Cost associated with severance process prohibited. Land Development Code • The County should develop a unifred LMP for area Future Land Use Element —Rural Fringe Mixed Use District Overlay • County should be studying g ideas for TDR's to be applied beyond RFMUD. Future Land Use Element — Rural Fringe Mixed Use District Overlay Additional TDR Provisions ■ County should be studying ideas to have a TDR education program. Programmatic • TDR's should be open to be used in Urban Area Future Land Use Element — Rural Fringe Mixed Use District Overlay Additional TDR Provisions ■ Look at Marion County TDR Program. Informational ■ Don't use Golden Gate Estates as thru -way for access to the coast. Observational. • Don't build roads in advance of development and population. Observational. ■ TDR program is inefficient. Observational: ■ TDR program doesn't incent transfers sufficiently for developers. Future Land Use Element (FLUE) RFMUD. ■ Envisioned market for TDR's is non - existent (don't sell) Observational. • Further incept transfers into urban infill (clause is unclear and needs to be expanded). Future Land Use Element (FLUE) RFMUD. • Provide further incentives from sending to receiving. Future Land Use Element (FLUE) RFMUD. • Rural villages envisioned within receiving areas don't provide sufficient commercial capacity. Observational • Design and criteria for commercial locations within the villages isolate them from major transportation corridors (making them not viable) Future Land Use Element (FLUE) RFMUD. • No new high speed (> 36 mph) roadv built in RLSA and Rural Fringe Sending Areas (low speed essential for wildlife preservation) Observational ■ RLSA and RFMUD need to be compatible with Golden Gate Master Plan. Observational. • When RFMUD was created, land use restrictions eliminated functionality of Golden Gate Master Plan — Ex: Proposed location for estates commercial. Observational ■ Receiving Areas in the RFMUD need to be changed to allow services including business commercial and industrial can be located there to support not only the RFMUD, but adjacent Golden Gate Estates and surrounding Communities. Observational • TDR Program not working. Observational • Not enough TDR's to use for density in Receiving Lands. Future Land Use Element (FLUE) RFMUD 7 RURAL FRINGE MIXED USE DISTRICT (RFMUD) ■ Allow other uses on Receiving Lands (Non- residential). Future Land Use Element (FLUE) RFMUD RFMUD Plan not compatible with Estates Master Plan. Lost commercial opportunities for the ■ Estates due to RFMUD Plan. Observational ■ Allow owners of Receiving Lands to convert a portion of those lands to Sending Lands in order to get more TDRs to use on their remaining Receiving Lands. This process should be available through a rezoning -like process rather than requiring a comprehensive plan amendment. Programmatic ■ Increase the TDR Credits formula for Base TDRs to more than the current one (1) base TDR per five (5) acres. In designated Receiving Areas allow a density of greater than one unit per acre with the use of TDRs and not limit density above one unit per acre to only Rural Villages. Non - villages should be able to go up to 2 units per acre. Like the RLSA, rural villages should be able to go to 4 units per acre. Programmatic ■ Remove /modify the very detailed and unworkable requirements for development of a Rural Village. Increase the TDR Bonus multiplier in a Rural Village to make it economically viable. At the present time, the TDR program is too expensive for a higher dense village. As density increases, average prices comedown. Programmatic • Remove the minimum required purchase amount of $25, 000 for a Base TDR and instead let the market work to determine TDR prices. Programmatic • Protect existing TDR holders but drastically revamp the current program such that it is less costly to develop in receiving areas. Programmatic • Encourage the establishment of mitigation banks in the Rural Fringe for listed species. Programmatic ■ Another option to consider is to establish separate over for each of the four distinct Rural Fringe development areas, similar to the North Belle Meade Overlay which has its own set of development standards. Programmatic ■ The current Rural Fringe provisions of the GMP already call for the County to consider the feasibility of establishing a "TDR Bank" to be administered by the County or some other non-for- profit government, or quasi governmental agency with the objective of making funds available to support the TDR program by offering initial minimal purchase prices of TDR credits. The County should create a TDR bank. Programmatic ■ Consider allowing owners of large tracts in the Rural Fringe the option of utilizing the standards and procedures of the RLSA program. Programmatic ■ Allow for the ability to transfer a certain percentage of density credits from the RLSA to the Rural Fringe. Programmatic ■ There is a need to have different more favorable treatment for owners of Sending Land parcels of twenty (20) acres or less to facilitate their participation. Programmatic The majority of the comments are not housed or applicable to the RFMUD as provided for within the Future Land Use Element, but rather could be classified as observational, programmatic or provided for within the Land Development Code. emand and the ne dt o further incentives thelprograme to inc ease related to demand, perceived lack of d demand. s RURAL FRINGE MIXED USE DISTRICT (RFMUD) From all factors evaluated, staff can conclude that the Rural Fringe Mixed Use District h as been effective in protecting the environmentally sensitive properties to a limited degree allowed for market utilization of available TDR's, but based supon the public comments, there appears to be dissatisfaction with the market response to the program. The reason within the designated s behind this perception can be explained by a number of micro and macro conditions, but re the reason, staff believes that a public review process of the RFMUD should be conducted prior t regardless of County's next EAR. prior to the 9 RURAL FRINGE MIXED USE DISTRICT (RFMUD) RURAL LANDS STEWARDSHIP AREA (RLSA) OVERLAY SUB - DISTRICT STATEMENT OF ISSUE The Rural Lands Stewardship Area (RLSA) Overlay is the Future Land Use Element Subdistrict which was adopted in 2002 through Ordinance 02 -54, as a result of Final Order — ACC -99 -002. ISSUE BACKGROUND ACC -99 -002 was issued by the State due to the County's GMP being found to lack regulatory protection for environmentally sensitive property, not adequately discouraging urban sprawl and preventing the premature conversion of agricultural land. The Final Order required the following modifications to the GUT to address the issues within three specified areas: 1. Identify and propose measures to protect prime agricultural areas 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area -based allocations, clustering and open space provisions and mixed use development. Comprehensive Plan Implementation & Program Assessment As noted the RLSA was established based on the principal of preserving environmentally sensitive lands, discouraging urban sprawl, promoting mixed use, protecting listed species and their habitats, while respecting the rights inherent to the property owners within the Subdistrict. The RLSA as expressed in the Future Land Use Element contains one goal and one objective, which are furthered by 5 policy groups. The goal of the RLSA is: Collier County seeks to address the long -term needs of residents and property owners within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment. Collier County's goal is to protect agricultural activities, to prevent the premature conversion of agricultural land to non - agricultural uses, to direct incompatible uses away from wetlands and upland habitat, to enable the conversion of rural land to other uses in appropriate locations, to discourage urban sprawl, and to encourage development that utilizes creative land use planning techniques. The objective of the RLSA is: To meet the Goal described above, Collier County's o bjective is to create an incentive based land use overlay system, herein referred to as the Collier County Rural Lands Stewardship Area Overlay, based on the principles of rural land stewardship as defined in Chapter 163.3177(11), F.S. The Policies that will implement this Goal and Objective are set forth below in groups relating to each aspect of the Goal. Group 1 policies describe the structure and organization of the Collier County Rural Lands Stewardship Area Overlay. Group 2 policies relate to agriculture, Group 3 policies relate to natural resource protection, and Group 4 policies relate to conversion of land to other uses and economic diversification. Group 5 are regulatory policies that ensure that land that is not voluntarily included in the Overlay by its owners shall nonetheless meet the minimum requirements of the Final Order pertaining to natural resource protection. Of particular relevance to the EAR process is Policy 1.22 of the FLUE which reads: Rural Lands Stewardship Area (RLSA) The RLSA Overlay was designed to be a long -term strategic plan with a planning horizon Year of 2025. Many of the tools, techniques and strategies of the Overlay are new, Innovative, incentive based, and have yet to be tested in actual implementation. A Comprehensive review of the Overlay shall be prepared for and reviewed by Collier County and the Department of Community Affairs upon the five-year anniversary of the adoption of the Stewardship District in the LDC. The purpose of the review shall be to assess the participation in and effectiveness of the Overlay implementation in meeting the Goal, Objective and Policies set forth herein. The specific measures of review shall be as follows: 1. The amount and location of land designated as FSAs, HSAs, WRAs and other SSAs. 2. The amount and location of land designated as SRAs. 3. The number of Stewardship Credits generated, assigned or held for future use. 4. A comparison of the amount, location and type of Agriculture that existed at the time of a Study and time of review. 5. The amount, location and type of land converted to non - agricultural use with and without participation in the Stewardship Credit System since its adoption. 6. Vie extent and use of landing provided by Collier County and other sources Local, State, Federal and private revenues described in Policy 1.18. 7. The amount, location and type of restoration through participation in the Stewardship Credit System since its adoption. 8. The potential for use of Credits in urban areas. The 5 -year review was compiled by County Staff and evaluated by the 5 -Year Review Committee. A Committee comprised of a diverse stake holder membership. The Technical review or Phase I was conducted over a series of public meetings, with acceptance of the report on May 27, 2008 by the Collier Board of County Commissioners and transmittal of the Phase I Technical Review to the Department of Community Affairs (DCA) on May 30, 2008. The Phase I report concluded that significant progress has been made in achieving the RLSA goal and since the conclusion of the Phase I report a number of approved SSA's have been processed within the system for a total of 16 SSA's comprising approximately 55, 956 acres. There has been no additional SRA acreage proposed to the system since the time of the technical review, leaving a total of 5,027 acres designated SRA with 1,027 of that total dedicated to public use benefit. The two maps on the following pages illustrate the location of the SSA's within the RLSA Overlay, as well as the underlying characteristics [Flowway Stewardship Areas (FSA), Habitat Stewardship Areas (HAS), Water Retention Areas (WRA) and Area of Critical State Concern (ACSC)] of the area the SSA's cover. Rural I anrlc Stewarrkhin Area (RI SA) 0 RLSA STATUS MAP c c--y MARCH 2010 Rural Lands Stewardship Area ( RLSA) RLSA STATUS MAP C-'Hty MARCH 2010 Pjira1 i anrlcCtpuuarrlchin drag 1R IV, A1 At the conclusion of the Phase I Report, the County initiated the Phase II process, which was an assessment of the individual five group policies of the RLSA which concluded with the generation of the Phase -Two Report. The Phase II Report was based upon public presentations, discussions and documents received and reviewed during the Committee's 19 public meetings held beginning on March 4, 2008 and continuing through December 11, 2008. Meetings were held in accordance with the Public Open Meeting Laws of the State of Florida and complied with Resolution 2007 -305A of the Collier County Board of County Commissioners which approved the creation of the Committee and provided for its functions, powers and duties. The Committee meetings were well attended; open dialogue was encouraged; and minutes were taken and maintained as part of the public record by staff of the Collier County Comprehensive Planning Department. The following are the major substantive proposed amendments to the RLSAO advanced for consideration by the Committee during its approximate 9 -month review of the RLSAO extending from April through December, 2008. Although there are other recommended amendments to the RLSAO than those listed as follows, the remaining amendments are considered to be minor, corrective in nature, and intended to cause the RLSAO policies to be better harmonized with each other. Policy 1.6.1 (new Policy) The recommended new Policy 1.6.1 permits a five year "Conditional Period" for a Conditional Stewardship Easement with a possible extension for one additional year. Policy 1.7 (amendment) The recommended amendment to Policy 1.7 provides that the Florida Fish and Wildlife Conservation Commission would be a grantee (along with Collier County) to future "perpetual restrictive easements" (Stewardship Easements) rather than the Florida Department of Agriculture and Consumer Services which has been the grantee in past BCC - approved RLSA Stewardship Easements. Policy 1.22 (amendment) Currently, Policy 1.22 language provides for RLSAO review, "upon the five year anniversary of the adoption of the Stewardship District in the Land Development Code (LDC) ". The amendment proposes to have the review completed as part of the Evaluation and Appraisal Report process as required by Chapter 163 of the Florida State Statutes. G'_rnLin, 2 (amendment) The recommended amendment to the Group 2 language eliminates the language related to protection of agricultural lands from premature conversion to other uses, and replaces this language with new language related to the retention of land for agricultural production. Policy 2.1 (amendment) The recommended amendments to Policy 2.1 eliminate the language related to protection of agricultural lands from premature conversion to other uses. Also included is the elimination of the language comparing acreage needed to accommodate the projected population of the RLSA in the Horizon year of 2025 with the acreage required to accommodate such projected population if the RLSAO were not utilized. 5 Rural I anrk StPwarrlchin Araa (Rl W Policy 2.2 (amendment) The recommended amendments to Policy 2.2 provide for additional Stewardship Credits to retain agriculture lands within the RLSA. Policy 3.11 (amendment) The recommended amendments to Policy 3.11: • eliminate the restoration priority language related to restoration work within the Camp Keis Strand Flowway Stewardship Area (FSA) or contiguous Habitat Stewardship Areas (HSAs); provide language allowing for two additional Stewardship Credits (rather than the 4 Credits now permitted) for restoration activities within a FSA or HSA, regardless of location in the RLSA; elimination of the additional two Stewardship Credits for each acre of land dedicated for , restoration activities within other FSAs and HSAs; and provide additional Credits for either caracara restoration at 2 Credits per acre, or for exotic control/burning at 4 Credits per acres, or for flow way restoration at 4 Credits per acre, or for native habitat restoration at 6 Credits per acre. Within the area proposed for restoration, Land Use Layers 1 -6 must be removed. The specific process for assignment of additional restoration Credits shall be included in the Stewardship District of the LDC; • provide for Stewardship Credits to incentivize the creation, restoration, and enhancement of a northern panther corridor connection and a southern panther corridor connection by providing for 2 additional Stewardship Credits for each acre of land so dedicated and, should the owner also effectively complete the corridor restoration, an additional 8 Credits per acre would be awarded; • provide for Stewardship Credit incentives for restoration of shallow wetland wading bird foraging habitat located in FSA, HSA, or Water Retention Area (WRA) at the rate of 2 additional Credits per acre and, upon successful completion of the restoration, an additional 6 Credits per acre shall be awarded; and • limit Credit incentives to only one type of restoration for each acre so designated for restoration Policy 3.13 (amendment) The recommended amendment to Policy 3.13 requires the acreage of a WRA, if such acreage provides for water treatment and retention exclusively for a Stewardship Receiving Area (SRA), to be included in the SRA acreage and would require the use of Stewardship Credits to enable the use of such an area for this purpose in a SRA. ID I olicy 4.2 (amendment) This recommended amendment to Policy 4.2 corrects /updates acreage calculations within the RLSAO which are both outside of and inside the Area of Critical State Concern and limits the amount of lands that can be designated as SRAs to 45,000 acres. The separate Comprehensive Planning Department Staff SRA build -out projection and Wilson Miller build -out projection of the maximum SRA acreage allowable under the existing RLSAO [if 100% of property owners participate using the existing Credit system] is 41,040 SRA acres and 43,312 SRA acres, respectively. This SRA acreage does not include any development which may occur under the underlying zoning of Rural Agricultural -A District and which would not be participating in the RLSAO. Policy 4.5 (amendment) 6 D... --.I I .....dam Ct.........d,k;- Arnim 101 CAI This recommended amendment to Policy 4.5 provides for the SRA Master Plan to be consistent with the County's Long Range Transportation Plan, the County Build Out Vision Plan referenced in recommended new Policy 3.7 of the Transportation Element of the GMP, and Access Management procedures. The recommended amend to Policy 4.5 also includes a requirement for the provision of a Management Plan as part of the SRA Master Plan which includes provisions for minimizing human and wildlife interactions between the SRA and surrounding undeveloped properties. Policy 4.6 (amendment) This recommended amendment to Policy 4.6 requires an SRA to include a mobility plan that includes consideration of vehicular, bicycle /pedestrian, public transit, internal circulators, and other modes of travel/movement within and between SRAs and areas of outside development and land uses. Policy 4.7 (amendment) This recommended amendment to Policy 4.7 eliminates Hamlets as a specific forms of SRA and reduces the number of specific forms of SRAs from four to three in conjunction with the recommended deletion of Policy 4.7.3 language related to Hamlets. Policy 4.7.1 (amendment.... Towns) This recommended amendment to Policy 4.7.1 increases the minimum size of a Town from 1,000 acres to 1,500 acres, increases the maximum size from 4,000 acres to 5,000 acres, and provides for the requirement of an internal mobility plan. Policy 4.7.3 (deletion... Hamlets) Policy 4.7.3 is recommended for deletion. Policy 4.7.4 [now renumbered Policy 4.7.3 (amendment... Compact Rural Development)] The recommended amendment to Policy 4.7.4 keeps the maximum size of a Compact Rural Development (CRD) at 100 acres while providing language supporting the location of research, education, tourism, recreation, and housing within CRDs. Policy 4.7.4 (new) This new Policy 4.7.4 stresses that Towns and Villages are the preferred locations for business and industry in the RLSA to further promote economic development, diversification, and job creation with a list of examples of permitted uses such as environmental research, agricultural research, aviation and aerospace, health and life sciences, corporate headquarters, computer hardware, software and services, etc. Policy 4.14 (amendment) The recommended amendments to Policy 4.14 provide: • language requiring a proposed new SRA, at the time of SRA approval, to provide for the opportunity to provide direct vehicular and pedestrian connections to an adjoining SRA or adjoining lands designated as Open; 7 Rural Lands Stewardship Area (RLSA) • new language requiring that public or private roads and connecting signalized intersections within or adjacent to an SRA be maintained by the primary town or community it serves; and • new language providing for a variety of mitigation credits and offsets. Policy 4.19 (amendment) This recommended amendment to Policy 4.19 provides for: • 8 Credits required for each acre of land included in a SRA where such Credits were created from a Stewardship Credit Sending Area deemed vested under the 8 Credit ratio; and • 10 Credits required for each acre of land included in a SRA where such Credits were created from any other Stewardship Sending Area Policy 4.22 (new) This new Policy 4.22 provides that assessment of historic or cultural resources be done when such are identified in the RLSA through the SRA designation process, including the assessment of such resource's historic or cultural significance and the exploration of educational and public awareness opportunities regarding such significant resources. Policy 5.4 (amendment) This recommended amendment to Policy 5.4 provides language to establish a map of potential wildlife crossing within 12 months of the effective date of the GMP amendments to be used in evaluating community, cultural and historical, and transportation planning for the RLSA, including all SRAs described in Group 4 Policies. Policy 5.5 (amendment) This recommended amendment to Policy 5.5: • deletes certain outdated references relative to the preparation of management plans; • provides requirement for preparation of a management plan for the purpose of minimizing human and wildlife interactions between agricultural and non - agricultural lands uses; and • provides for a monitoring program for developments greater than 10 acres. Policy 5.7 (new) This new Policy 5.7 requires that any development on lands not participating in the RLS program be compatible with surrounding land uses and that outdoor lighting shall be reasonably managed to protect the nighttime environment, conserve energy, and enhance safety and security. Policy 5.8 (new) This new Policy 5.8 provides that assessment of historic or cultural resources be done when such are identified in the RLSA, including the assessment of such resource's historic or cultural significance and the exploration of educational and public awareness opportunities regarding such significant resources. 8 n..__1 � _�J_ ri_...__J _L•_ w___ /nlrwl Climate Change — Energy Efficiency STATEMENT OF ISSUE Climate Change is focused on the determination of the best ways to integrate policies related to climate change and energy efficiency to promote strategies to reduce green house gas emissions for the County. ISSUE BACKGROUND Land use and transportation comprise the majority of contributions to greenhouse gas emissions in Collier County. Carbon emissions from the burning of fossil fuels to power the built environment represent a potential long -term hazard to the world, but also, and in particular peninsular Florida. Greater efficiency of power use, reduction in emissions and transition to renewable forms of energy will have the greatest impact in reducing the County's carbon footprint when tied to land use planning over all other sectors. The idea of a carbon footprint is a relatively new concept and can have a different meaning, depending on what is being measured. The general concept however, is a measure of the greenhouse gas (GHG) emissions directly, and sometimes indirectly, caused by a given individual, business, community, etc. The idea is that once a carbon footprint can be determined, efforts can be taken to reduce the footprint through mitigation, also called carbon offsets. The term is a subset of a broader concept known as the ecological footprint, which is a more comprehensive measure of an individual, business, or community's impact on the Earth's ecosystems, comparing human demand with the Earth's ability to regenerate and accommodate such demand. As noted in the Introduction section, in 2007, the County went through a process to inventory the GHG emissions in County Government and also for the County as a whole. Further detail on this inventory is included in the final report prepared by TwentyFifty, LLC, titled, "Energy Audit and Greenhouse Gas Inventory". The below table represents the percentage breakdown of total CO2 emissions for the County by sector in 2007. Collier Emissions per Sector 2007 Waste 1% Residential Transportation 31% Residential 42% Commercial Transportation x Waste Commercial Commercial 'J The purpose of the inventory was to better understand the ways the County utilized energy so that effective policies and programs could be implemented to reduce costs and environmental impact. Additionally, the inventory provides a baseline against which future energy use and emissions reductions can be measured. Climate Change -1 The project was funded by Collier County Audubon Society, The Conservancy of Southwest Florida and National Audubon's TogetherGreen grant program and utilized the software and protocol provided by ICLEI, the International Council of Local Environmental Initiatives. The three primary motivations for the Energy Audit Report were: 1) Understanding patterns of energy use can lead to saving residents /taxpayers money. 2) It is widely accepted that fossil fuel energy use contributes to global climate change, the extent of which will be critical for low lying regions like Collier County. Assessing and reducing emissions demonstrates responsibility to present and future residents. 3) Increasing numbers of state and federal programs (and grant opportunities) require municipalities to address climate change. By following the established ICLEI protocol, Collier County joins twenty four communities in Florida and hundreds nationwide willing to take action and thus demonstrate responsibility and accountability. The report provided specific recommendation recommendations and next steps for County as follows: 1) Establish the following reduction targets: 10% by 2020, 20% by 2030, and 50% by 2050. 2) Collate a summary of the baseline inventory, all energy savings related projects, together with additional programs (including but not limited to those described below) into a comprehensive Collier County Climate Action Plan. Identify within the plan how GHG reduction measures tie into other County and regional efforts (such as the Master Mobility Plan, Coastal Management Plans and Land Development Codes). Include an assessment of the impacts of climate change and energy management in existing plans and codes to ensure the County anticipates and budgets properly for all potential changes in Collier County through at least the next forty years. 3) Pursue the LFGTE project along with other waste management projects. 4) Continue government based work: i) building energy retrofits, ii) street lighting replacements to high efficiency bulbs, iii) alternative fuel vehicles, and iv) promote the commuter services program. 5) Continue the community focused transportation programs such as traffic signal optimization. 6) Establish new community oriented programs to include: i) a community focused `Be Green when Green makes Cents" program, or equivalent and ii) a Green Business Program. (Additional programs could be described within in the planned Master Mobility Plan and potentially be funded through additional grant monies or other sources). 7) Carry out an energy use /greenhouse gas emissions re- inventory in 3 -5 years to measure progress. The Energy Audit was presented to and accepted by the Board of County Commissioners in November of 2009. While the Board did not provide wholesale acceptance of all of the recommendations contained in the report, the Board did, based upon the acceptance of the Report, create the Rebuilding Collier's Energy Use Task Force. The purpose of the Task Force is to explore the recommendations contained within the Report and bring suggestions back to the Board on the means to accomplishing the energy efficiencies contained in the Report. The work of the Task Force is on -going at the time of authoring this report. In June of 2010, the Task Force began discussions with the Board regarding the development of a program to green up energy use at homes and businesses throughout the County. The program the Task Force envisions would take advantage of legislation called Property Assessed Clean Energy (PACE), signed by Gov. Crist in May, 2010. PACE sets Climate Change - 2 out a financing mechanism for local governments to create a pool of money homeowners and businesses can tap for projects from electric car chargers to energy efficient windows. Other possible uses for the money include insulation upgrades, solar panels, wind turbines and energy efficient air conditioning. The full specifics and applicability of the program were still in the development stage by the Task Force at the time of authoring this report, but the PACE program and other similar efforts to increase energy efficiency within the County are expected based on the Task Force's work within the Energy Audit. The future recommendations of the Task Force, once approved by the Board are expected to intertwine with the regulatory environment of the County. Land use decisions programmed to save energy and protect the Earth's climate have concurrent and reinforcing benefits of enhancing local quality of life and the community's unique sense of place. By enhancing the County's land use policies and regulations to discourage urban sprawl and better recognize the relationship between land use decisions and energy consequences, while preserving agricultural and natural resources, Collier County will proactively take steps to buffer against global warming`s potential impact over the next century. It should be noted that between 2003 and 2009 the County's unincorporated population grew at an 11.9 percent rate, while the number of road miles grew at a 16.8 percent rate and the total developed land area grew at a 19.9 percent rate. Stronger policies interlinking land use and energy efficiency by the GMP and Land Development Code (LDC) may have created a more uniform rate of growth among these three inter - related matrix. Primarily, compact development patterns are as important as promoting greater fuel efficiency in combating climate change. Locating homes in conveniently placed, walkable neighborhoods can significantly reduce the growth in the number of miles the County's citizens' drive, shrink the nation's carbon footprint, and give people more housing choices. Just as compact development can be a major contributor in reducing CO2 emissions (residents generally drive a third fewer miles than those in automobile - oriented suburbs), sprawl development, which increases the number of vehicle miles of travel, is a major contributor in increasing CO2 emissions. The implications of the disconnect between land use and transportation planning not only manifest in greater amounts of CO2 emissions, but greater infrastructure cost to the County. Traditional Neighborhood Design based upon Smart Growth and New Urbanism principles with smaller lot sizes, compact urban form, a variety of multifamily housing types, and a mix of land uses results in infrastructure systems that serve more development in proportion to their cost to construct. In comparison, typical lower density Conventional Suburban Design alternatives require far - reaching infrastructure systems to serve lower - density development, with higher costs to build. Case studies have shown a clear reduction in infrastructure cost for scenarios with higher density. ' The city of Tallahassee /Leon County Multimodal Transportation District Plan illustrates the cost of low density, provided on the following page. Climate Chanee — 3 Land Needed to Accommodate Leon County's Projected Increase of 104,000 People by 2030 Based on Various Development Scenarios 1 acre lots = 72 square miles - Lane miles to serve: 795 1/2 acre lots = 36 square miles - Lane miles to serve: 384 Cost for major roads: $9,552,000,000; Cost per household: Cost for major roads: $4,608,000,000; Cost per household: $208,040 $100,361 1/8 acre lots = 9 square miles - Lane miles to serve: 84 Cost for major roads: $1,008,000,000 - Cost per household: $21,954 1. Smart Growth & Conventional Suburban Development: Which Costs More? An infrastructure case study completed for the EPA. The current Comprehensive Plan has policies allocated throughout the various elements that address energy efficiency in transportation planning, land use, residential development, and housing. Through the EAR process, the County will identify opportunities to build on the existing policy framework and/or introduce new policies specifically design to address climate change. Population Projections and Energy Efficiency The most recent build -out projections for the County, as provided by the Collie Inter- Active Growth Model are presented in the below table. What is significant to the issue of Climate Change is the percentage of projected growth that is allocated to Immokalee, the Rural Fringe Mixed Use District (RFMUD) and the Rural Lands Stewardship Area (RLSA). These three Districts of the GMP, with the anticipated adoption of the transmitted Immokalee Are Master Plan changes, have be designed based upon smart growth principles, which promote a range of housing opportunities, encourages the mixing of land uses, provide a variety of transportation choices and encourages the design of walkable neighborhoods. Climate Change - 4 The principles and concepts upon which these Districts were created are those being required by the State through HB697 to be incorporated within a jurisdictions local comprehensive plan. The Collier County Growth Management Plan has a head start in incorporating the necessary modifications needed to the planning and regulatory environment to address the challenge of Climate Change, with nearly half of the County's future residents anticipated to live within a built environment shaped by planning principals geared to promote sustainability. It should be noted that the concepts of sustainability are spread throughout the GMP's various Elements and will evaluated during the EAR process to identify opportunities to further their effectiveness. House Bill 697 In 2008 the state legislature passed comprehensive energy legislation that includes several elements applicable to land use planning: • Requires that data and analysis for the Future Land Use Element now include information about energy- efficient land use patterns accounting for existing and future electric power generation and transmission systems; and greenhouse gas reduction strategies. • Requires that the Traffic Circulation Element incorporate transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. • Requires that the Transportation Element for urbanized areas per FS.339.175 shall address the incorporation of transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. • Requires that the Housing Element include standards, plans, and principles relating to energy efficiency in the design and construction of new housing and use of renewable resources. • Requires an addition to Future Land Use Map series relating to energy conservation. • Requires construction of all local government buildings begun after July 1, 2008 to meet one of the nationally recognized green building certification standards (such as the United States Green Building Council Leadership in Energy and Environmental Design — LEED) • Requires use of ethanol and biodiesel blended fuels in government vehicles where available as well as other requirements relating to government fleets and facilities. The Department of Community Affairs is in the process of establishing the rule development to implement the requirements of the new legislation. The most recent proposal has been included at the end of this major issue discussion. Climate Change — 5 Build -Out Current Estimated Projected Percent of Projected Sub - District Population Population Increase Increase Immokalee 59,325 24,831 34,494 5.58% RFMUD 35,039 4,371 30,668 4.96% RLSA 210,695 853 209,842 33.94% Sub -Total 44.48% Build -out East of CR 951 444,220 90,209 354,011 57.25% Build -out west of CR 951 507,686 243,391 264,295 42.75% CIGM 2010 BuildOut Projections 951,906 333,600 618,306 The principles and concepts upon which these Districts were created are those being required by the State through HB697 to be incorporated within a jurisdictions local comprehensive plan. The Collier County Growth Management Plan has a head start in incorporating the necessary modifications needed to the planning and regulatory environment to address the challenge of Climate Change, with nearly half of the County's future residents anticipated to live within a built environment shaped by planning principals geared to promote sustainability. It should be noted that the concepts of sustainability are spread throughout the GMP's various Elements and will evaluated during the EAR process to identify opportunities to further their effectiveness. House Bill 697 In 2008 the state legislature passed comprehensive energy legislation that includes several elements applicable to land use planning: • Requires that data and analysis for the Future Land Use Element now include information about energy- efficient land use patterns accounting for existing and future electric power generation and transmission systems; and greenhouse gas reduction strategies. • Requires that the Traffic Circulation Element incorporate transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. • Requires that the Transportation Element for urbanized areas per FS.339.175 shall address the incorporation of transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. • Requires that the Housing Element include standards, plans, and principles relating to energy efficiency in the design and construction of new housing and use of renewable resources. • Requires an addition to Future Land Use Map series relating to energy conservation. • Requires construction of all local government buildings begun after July 1, 2008 to meet one of the nationally recognized green building certification standards (such as the United States Green Building Council Leadership in Energy and Environmental Design — LEED) • Requires use of ethanol and biodiesel blended fuels in government vehicles where available as well as other requirements relating to government fleets and facilities. The Department of Community Affairs is in the process of establishing the rule development to implement the requirements of the new legislation. The most recent proposal has been included at the end of this major issue discussion. Climate Change — 5 The GMP objectives and policies related to the issue must establish the rational nexus for the creation of tools which focus on creating development that will result in fewer vehicle miles and trips and more walking, biking, and transit trips. That means compact mixed -use communities with highly connected and pedestrian- oriented street networks where jobs, housing, entertainment, and retail are in close proximity and where transit and other forms of non - vehicular transportation are a practical solution. In addition to reducing vehicle miles of travel and, therefore, GHG emissions, such communities promote healthier citizens through cleaner air and the ability to walk to more places, enable older Floridians to remain independent and in their homes longer, reduce traffic congestion and time spent in cars (and the number of cars needed by a family, which also saves money), and protect natural resources. Comprehensive Plan Implementation The Collier Growth Management Plan addresses the need for greater energy efficiency in multiple areas, including new developments, residential construction, and mobility options within transportation systems. Each of the Elements of the GMP were reviewed and analyzed for their consistency with the Statutory mandates regarding energy efficiency and green house gas reduction and where appropriate were recommended for modification. Public Comments Received ■ County should be studying ideas to target Green House Gas sources — besides transportation. Observational ■ County should be studying ideas to address lack of energy efficiency plans. Observational ■ County should be studying ideas to address need to plan for Sea Level Rise. Observational ■ County should be studying ideas to access & connect State Parks with County Network Observational ■ Promote and encourage safe bike /wally including education to improve safety of bike /pedestrians routes to reduce number of miles driven, especially school drop -off. Policy 4.2 Transportation Element. ■ Reduce gaps between CAT stops. Explore feasibility of bike rentals at CAT stops to minimize gaps in the existing networks of bike /pedestrians pathways. Programmatic ■ Increase mass transit availability (CAT). Policy 12.10 Transportation Element ■ Create bike /pedestrians pathways on canal banks to separate bike routes from vehicle traffic. Programmatic ■ Do not use Vehicle Miles Traveled (VMT) reduction as an excuse to build more commercial in neighborhoods where they were not planned nor vetted through a local master plan process. Observational ■ Flooding as a result of climate change will affect current population estimates, County needs to revise estimates. Observational ■ Include more bridges (Golden Gate Estates) to reduce fuel consumption and safety. ■ Policy 9.3 Transportation Element/ GGAMP Restudy ■ Create County-wide storm water management to address sea level rise. Policy 2.1.5 Conservation and Coastal Management Element ■ Standards to address Climate Change need to be different for Golden Gate Estates (than urban coastal zones). Observational ■ Allow low density areas in Golden Gate Estates. Observational ■ Make CAT cost more affordable. Observational ■ Increase Mass Transit instead of road widening. Policy 3.3 Transportation Element ■ Increase bike lanes. Policy 4.5 Transportation Element ■ Need to address sea level rise due to climate change. Observational Climate Change - 6