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EAC Backup 12/01/2010ENVIRONMENTAL ADVISORY COUNCIL BACKUP DOCUMENTS DECEMBER 1, 2010 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 1, 2010 at 9:00 A.M. h I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of November 3, 2010 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions • None VII. New Business A. Growth Management Plan Amendment CP 2006 -11 Hacienda Lakes — Corby Schmitt B. Growth Management Plan Amendment CP 2010 -2 — David Weeks VIII. Old Business A. Watershed Management Plan Update B. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Staff Comments XII. Public Comments XIII. Adjournment Council Members: Please notify Summer Araque, Se 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. EAC Meeting: December 1, 2010 Item VILA ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF December 1-2010 I. NAME OF PETITIONER/PROJECT: Petition No.: CP- 2006 -11 Petition Name: Amendments to the Conservation and Coastal Management Element, Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, to Reconfigure the boundary and size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); Increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a Project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs); Provide a definitive access provision for a Business Park located in the URF portion of a Project; and, Allow for Native Vegetation Preservation in the URF portion of a Project to be Shifted to the RFMUD Sending Lands portion of the Project when the Required Amount of Native Vegetation Preservation is proportionally increased in the Sending Lands portion of the Project - as they relate to proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) Requests [Transmittal Hearing] Petitioner: David Torres, for Hacienda Lakes of Naples, LLC The subject property consists of approximately 2,262 acres located east of Collier Boulevard (CR 951), with frontages on Collier Boulevard and Rattlesnake Hammock Road Extension (a.k.a., entrance to Swamp Buggy Days PUD's Florida Sports Park), in Sections 11, 12, 13, 14, 23, 24, and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida. The property lies within the Royal Fakapalm Planning Community. II. DESCRIPTION OF SUBJECT SITE AND SURROUNDING PROPERTIES: Subject Site: The subject site is in part, zoned A, Rural Agricultural [approximately 2,133 acres] and lies undeveloped within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay. Another 129 acres is zoned Commercial Planned Unit Development (CPUD) for, and developed with, the Swamp Buggy Days' Florida Sports Park. A portion of this CPUD acreage is used for the Collier County Junior Deputy League's Camp Discovery. 1- EAC Meeting: December 1, 2010 The land uses that are expressly allowed by the Swamp Buggy Days PUD are: • Swamp Buggy Race Track and related facilities. • Stock Car Race Track and related facilities. • Motocross Race Track and related facilities (including bicycle and motorcycle). • Target Ranges, including archery. • Fairgrounds Area for expositions similar to the County Fair, including circuses, carnivals, and other recreation /entertainment activities. • Multi- purpose Use Areas (Picnic, Sports Fields, Unpaved Parking, etc.) including picnicking and playground areas, amateur soccer, softball, and similar outdoor recreational sports and activities; stadium, training and practice facilities for professional baseball. • Onsite Roadways. • Related Structures to house offices (including administrative offices and supportive service facilities as Permitted Principal Uses and Structures), ticketing (including concessions, ticketing, bleachers, and other spectator - related facilities as Permitted Accessory Uses and Structures), exhibition activities (including exhibition hall /convention center), spectator and user conveniences and facilities management. The Future Land Use Map designates [approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. The present RFMUD Sending Lands designation would allow: participation in the Transfer of Development Rights (TDR) program; agricultural uses consistent with the Florida Right to Farm Act; habitat preservation and conservation; single - family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density; non - residential uses (e.g. passive recreation, essential services, sports and recreation camps, oil and gas exploration, development and production); and limited accessory commercial uses. Another [approximately 588 acre] portion of the subject site is designated as the Urban Residential Fringe Subdistrict. The land uses that are generally allowed by the Urban Residential Fringe (URF) Subdistrict designation include a variety of residential and non - residential land uses, including mixed -use development via PUDs. Residential development in the URF is typified by a "transitional" density between the County's Urban designated area and the Agricultural /Rural area of a maximum of up to 1.5 units per gross acre, or up to 2 5 units per gross acre via the transfer of one dwelling unit per acre from lands designated Rural Fringe Mixed Use District (RFMUD) Sending Lands. Certain industrial and commercial uses may also be allowed, including: • Essential services, • Parks, open space and recreational uses; • Water- dependent and water - related uses; • Child care centers, • Community facilities, and their co- location with other public facilities; • Safety service facilities, • Utility and communication facilities; • Earth mining, oil extraction, and related processing; • Agriculture; • Travel trailer and recreational vehicle (TTRV) parks; • Commercial uses per criteria identified for certain Subdistricts or other FLUE policies, including hotels and motels; 2- FAC Meeting: December 1, 2010 • Certain accessory commercial uses; • Industrial uses per criteria identified for certain Districts, Subdistricts or other FLUE policies; • Business Park uses per criteria identified for certain Districts and Subdistricts; and, • Research and Technology Park uses per criteria identified for certain Districts and Subdistricts. An approximately 37 acre area is designated as the southeast quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard) within the Urban Commercial District. The land uses that are generally allowed by the Mixed Use Activity Center Subdistrict designation include concentrations of commercial uses in mixed -use settings, designed and developed at a human - scale, pedestrian- oriented and interconnected with abutting properties, and allowing: • Commercial uses; • Residential uses; • Institutional uses, • Hotel and motel uses at a maximum density of up to 26 units per acre; and, • Community facilities, Residential density in MUAC No. 7 mixed -use developments is the same as that allowed by the Urban Residential Fringe (URF) Subdistrict — a maximum of up to 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of one dwelling unit per acre from RFMUD Sending Lands. If density is to be distributed outside the Activity Center boundary, then certain stipulations apply, as follows: Thirty percent (30 %) of Activity Center - accumulated density must be located within the Activity Center [in this instance, it is 37 southeast quadrant acres applied to the 1.5 units per gross acre (for 55.5 units'Activity Center - accumulated density), or, 37 acres applied to the 2.5 units per gross acre via the transfer of one dwelling unit per acre from RFMUD Sending Lands (for 92.5 units' Activity Center - accumulated density). This allocation works out to 17 residential units located within the Activity Center of 55 accumulated (with the 1.5 factor) or, 28 residential units located within the Activity Center of 92 accumulated (with the 2.5 factor). With regard to the subject property's proximity to the Physicians Regional Medical Center — Collier Boulevard facility, certain GMP and LDC provisions allow for additional special land uses that include: Support medical facilities, such as physicians' offices, medical clinics, medical treatment, research and rehabilitative centers, and pharmacies located within one - quarter mile of the medical center. Surrounding Lands: The 2,262 acre subject site is an unusually- shaped area, appearing somewhat like the State of Louisiana with irregular edges. Describing its surrounding lands may be best accomplished with a virtual walk - around. Beginning our description with land lying adjacently to the north, or at the 12 o'clock position, is the Willow Run commercial extraction operation (including quarry excavation lakes, concrete plant and asphalt plant activities) zoned A, Rural Agricultural district with a Provisional Use (PU); Red Cockaded Woodpecker (RCW) mitigation area. The current Future Land Use designation is predominantly Urban Residential Fringe Subdistrict (URF), along with areas of Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. Further north lies the San Marino RPUD. 3- EAC Meeting: December 1, 2010 Located generally north, northeast, at the 1 o'clock position, are rural residential uses and equestrian facilities in the area where Benfield Road, Barton Gilba Drive and Stable Way have their terminal ends. This area is zoned A, Rural Agricultural. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. Located generally northeast and east, at the 2 and 3 o'clock positions, is undeveloped land zoned A, Rural Agricultural. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. Further east lie Picayune Strand State Forest lands. Located generally southeast, at the 4 o'clock position, is a citrus growing operation, with on -site sales facilities on Sabal Palm Road, zoned A, Rural Agricultural district with a Conditional Use (CU). The subject property surrounds some lands in this area; these properties include State of Florida owned lands and a few privately owned parcels Located generally south, southeast, at the 5 o'clock position, are undeveloped lands, zoned A, Rural Agricultural. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. Located generally south, along a lengthy meandering southerly border, are multiple designations. North of Sabal Palm Road, at the 6 o'clock position, is an area of low- density residential development, zoned A, Rural Agricultural. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. Located across Sabal Palm Road, south, at the 6 o'clock position, and south, southwest, at the 7 o'clock position, is the Veronawalk Mixed -Use Planned Unit Development, zoned as part of the Winding Cypress DRI. The current Future Land Use Designation is Urban Residential Fringe Subdistrict (URF). Located generally southwest, at the 8 o'clock position, is an area of multi - family residential development zoned as the Rockedge RPUD, FPL Easement; and, the main N -S canal abutting CR 951. North of John's Road is the "Kountree Kampin" RV Resort, zoned Travel Trailer and Recreational Vehicle Campground (TTRVC); and, the Physicians Regional Medical Center, zoned PUD. The current Future Land Use Designation is Urban Residential Fringe Subdistrict (URF). Across Collier Boulevard (CR 951) near its intersection with Rattlesnake Hammock Road, is an area of partially developed land zoned Sierra Meadows PUD containing an office building and Edison Village PUD. The current Future Land Use Designation is Urban Mixed Use District and SW quadrant of the Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard). Located generally west, at the 9 o'clock position, north of Rattlesnake Hammock Road and east of CR 951, is an area of undeveloped land zoned for the Hammock Park Commerce Center CPUD, the McMullen MPUD, the Good Turn Center MPUD and other CR 951- fronting parcels zoned for C -3 through C -5 commercial uses, and tracts zoned A, Rural agricultural; and, FPL Easement. The current Future Land Use Designations are Urban Residential Fringe Subdistrict (URF) and NE quadrant of the Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); and, the main N -S canal abutting CR 951 Across Collier Boulevard (CR 951), is the Naples Lakes Village Center commercial development, part of Naples Lakes Country Club MPUD. The current Future Land Use Designations are Urban Mixed Use District and NW quadrant of the Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard). M EAC Meeting: December 1, 2010 Located generally northwest, at the 10 o'clock position, is a place of worship with community services, zoned First Assembly Ministries Education and Rehabilitation Campus MPUD. Across Collier Boulevard (CR 951) near its intersection with The Lord's Way, is the [Lely Area Stormwater Improvement Project] LASIP Conservation Area PUD; further north lie the Homes of Islandia and Naples National Golf Club PUDs. The current Future Land Use Designation is Urban Mixed Use District Located generally north, northwest, at the 11 o'clock position, is undeveloped land fronting CR 951 zoned A, Rural Agricultural, as part of the commercial extraction operation lying to the north. The current Future Land Use Designation is Urban Residential Fringe Subdistrict (URF). PROJECT DESCRIPTION: This petition seeks to amend the FLUE Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard) Map of the FLUE Map Series - along with correlating text changes — to re- designate acreage from the Urban Residential Fringe Subdistrict of the Urban Mixed Use District, to the Mixed Use Activity Center Subdistrict of the Urban Commercial District. This petition seeks to amend Business Park Subdistrict provisions under the FLUE Urban Mixed Use District to provide a definitive access provision for a business park located in the Urban Residential Fringe portion of the proposed Hacienda Lakes development. This petition seeks to amend Urban Residential Fringe Subdistrict provisions under the FLUE Urban Mixed Use District in order to exclude the subject property from the density bonuses achieved with certain provisions of the Conservation and Coastal Management Element (CCME) by introducing a higher achievable density exclusive to the proposed Hacienda Lakes development. This petition seeks to amend Native Vegetation Preservation provisions of the Density Rating System, Density Blending section under the FLUE Urban Designation in order to preserve less native vegetation than is otherwise required in the Urban Residential Fringe Subdistrict portion of the project if more vegetation that is native is preserved in adjacent RFMUD Sending Lands. This petition seeks to amend Transfer of Development Rights Bonus provisions of the Density Rating System, Density Bonuses section under the FLUE Urban Designation in order to exclude the subject property from a maximum density increase that can be achieved through the transfer of development rights from adjacent RFMUD Sending Lands by introducing a higher density increase exclusive to the proposed Hacienda Lakes development. This petition seeks to amend Native Vegetation Preservation provisions under the CCME in order to preserve more native vegetation than is otherwise required in RFMUD Sending Lands when less native vegetation is preserved in adjacent lands designated Urban. Please note that not all aspects of the CP- 2006 -11 petition relate to the purposes and duties of the Environmental Advisory Council involving County environmental resources management. The issues of expanding the Mixed Use Activity Center and crafting a Business Park access provision are not addressed in this Report. 5- EAC Meeting: December 1, 2010 COMPREHENSIVE PLANNING COMMENTS The 06 -11 application seeks to amend Urban Residential Fringe Subdistrict provisions under the FLUE Urban Mixed Use District in order to exclude the subject property from the density bonuses achieved with certain provisions of the Conservation and Coastal Management Element (CCME) by introducing a higher achievable density exclusive to the proposed Hacienda Lakes development. Overall, maximum density increases from 1.5 dwelling units per acre to 2.5 per acre are allowed when development rights are transferred from RFMU Sending Lands within a project under unified control. Maximum achievable density would further "lift ", or increase, from 2.5 dwelling units per acre to 2.8 per acre with this text amendment. Companion rUD application materials summarize that without adoption of the GMPA, the Hacienda Lakes project would be able to develop 1,662 dwelling units using all eligible TDRs and other currently - available density. With the adoption of this part of the GMPA, the Hacienda Lakes project would be able to develop up to 1,850 dwelling units using newly qualifying TDRs — for a 187 unit gain — making use of all available TDRs generated by the 1,016 acres lying within one mile of the Urban portion of the project. The applicant further explains, the project area is unique in that the land area within one mile of the URF boundary, from which TDRs must be generated from for sending into the URF, generates-187 more TDR credits than the URF is capable of receiving under current FLUE provisions; and, that the "lift" will have no measurable impact on the URF's "transitional" nature, nor will it affect its surrounding lands. Certain amendments will result with introducing new provisions that would allow for the use and manipulation of TDR density in manners unique to the subject property, where residential development is now limited to certain transitional densities, and consequently affects a larger planning area. The applicant explains, that by allowing the use of additional TDRs within the developable portion of this project, the property owner is actually compensated for losing development rights instead of hoping they will be compensated in the future; and, this is a more effective utilization of those eligible TDRs. The 06 -11 application seeks to amend Native Vegetation Preservation provisions of the Density Rating System, Density Blending section under the FLUE Urban Designation in order to preserve less native vegetation than is otherwise required in the Urban Residential Fringe Subdistrict portion of the project if more native vegetation is preserved in adjacent RFMUD Sending Lands. Existing native vegetation required to be in the Urban Residential Fringe Subdistrict could be removed [not satisfying the 25% preservation standard] if more vegetation is preserved in adjacent areas designated RFMU Sending Lands within a project under unified control. Any such mitigation would preserve two (2) acres of vegetation in areas designated as RFMUD Sending Lands [above the 60% maximum preservation requirement] for every one (1) acre cleared in the Urban residential Fringe. This text change, if approved, would affect lands designated in both the Urban Residential Fringe Subdistrict and RFMUD Sending Lands developed as projects under unified control. Without adoption of the GMPA, the Hacienda Lakes project would preserve 25% of native vegetation in the URF, and 60% of native vegetation in RFMUD Sending Lands. With the adoption of this part of the GMPA, the Hacienda Lakes project would preserve less than the required amount of native vegetation and habitat in the URF, and proportionally more of RFMUD Sending Lands acreage. Under current GMP provisions, the Rural designated portion of the project would demonstrate compliance with the preservation standard of Rural Fringe Sending Lands — preserving ninety percent (90 %) of native vegetation present, not to exceed sixty percent (60 %) of the total project area -6- EAC Meeting. December 1, 2010 designated Sending. However, more preserve is offered than the required 60% of the total project area designated Sending — in return for permission to preserve less native vegetation present in the Urban portion of the project. The applicant explains, the proposal to protect higher quality native vegetative communities in the Rural lands portion of the project [provides them] a greater opportunity to function naturally as opposed to protecting Urban native vegetative areas that would be of lesser functional value. FLUE Section 5, Subsection 2(f), Density Blending for Properties Straddling the URF and RFMUD Sending Lands refers to CCME Policy 6.1.1 for the Urban portion of the project, requiring that twenty - five percent (25 %) of native vegetation present be preserved. However, less preservation is offered in the Urban portion of the project than the 25% of the native vegetation present required by this Policy, in return for preserving more native vegetation in the Rural portion of the project. Certain amendments will eventually result with deriving additional benefits from preserving native vegetation and habitat, whose preservation is already a requirement under other provisions of the GMP, from which benefits may already be derived. Application materials have previously explained how "the density blending provision in the GMP was, in part, specifically developed to apply to this property ". One specific blending provision presently provides the density boost from 1.5 du /ac. to 2.5 du /ac. Nevertheless, the County is being asked to confer additional 'lift' — and effectively consent to double dipping into the density pool. The current provisions were adopted by the County with density capped, or limited, to 2.5 du /ac. to satisfy the need for an acceptable transition balanced between the dense Urban and sparse Rural areas. The requested "lift' from 2.5 to 2.8 du /ac. would be awarded for preserving lands that are already required to be preserved by current FLUE provisions in order to obtain the "Environmental Restoration and Maintenance" TDR Bonus for the Sending Lands portion of the project, which will be pursued according to the companion rezoning materials. Comprehensive Planning staff has concerns about the appropriateness of changing the FLUE and CCME to derive new benefits and pass over existing benefits — and have drafted conditions that avoid superfluous development rights. These conditions appear below, in the Recommendations section of this Staff Report. The 06 -11 application seeks to amend Transfer of Development Rights Bonus provisions of the Density Rating System, Density Bonuses section under the FLUE Urban Designation in order to exclude the subject property from a maximum density increase that can be achieved through the transfer of development rights from adjacent RFMUD Sending Lands by introducing a higher density increase exclusive to the proposed Hacienda Lakes development. The applicant explains, the proposal [does not ask to increase] the overall number of units presently allowed, [but to] utilize the additional TDR credits generated from [the] project Sending Lands within one mile of the Urban Boundary. The 06 -11 application seeks to amend Native Vegetation Preservation provisions under the CCME in order to preserve more native vegetation than is otherwise required in RFMUD Sending Lands in order to preserve less native vegetation than is otherwise required in adjacent lands designated Urban. -7- EAC Meeting: December 1, 2010 The applicant explains, there is greater value in preservation of additional Rural Lands rather than the lands within the Urban Fringe. General Assessment Observations & Remarks: A detailed evaluation of the subject plan amendment was conducted by the Collier County Parks and Recreation Department review staff and they comment, the "PR" (Passive Recreation) tract identified in companion MPIIl7 rezone materials appears to include the area for the Junior Deputy [League]. Advise [further] how the recreational open space requirements of LDC will be met. The applicant explains, the project will provide ancillary recreational and social spaces [in addition to Junior Deputy and Preserve areas] within the residential portions of the development, in the form of clubhouse space and outdoor recreational opportunities such as, but not limited to swimming pools, tennis courts, playgrounds and green spaces. 2008 Legislation - HB 697: This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. The Florida Department of Community Affairs (DCA) reviews GMP amendments for compliance with this legislation. This application has been reviewed for adequacy of data and analysis to demonstrate how it would discourage or not contribute to urban sprawl, and reduce or not elevate greenhouse gas emissions. Especially because the 06 -11 application predicates a mixed use development of regional impact, the HB 697 response affords an excellent opportunity to include plans for: committing to sustainable, or "green" construction techniques and building designs; establishing commercial recycling programs; providing dedicated parking area(s) to park -n -ride or ride -share vehicles; providing bus stop(s); providing electric vehicle preferred parking and charging stations; committing that service stations dispense more than one alternative fuel, providing pedestrian and bicycle paths interconnecting with neighboring communities, extra bike racks and public seating areas, and community -wide bike share programs, or other energy- conserving ideas. The applicant explains, the project will provide opportunities for public schools within the boundaries of the project, and a mix of land uses that provides for a live /work community. Residences will be developed to provide for multiple types of ownership and housing options to serve diverse household incomes. Companion Development of Regional Impact WRO application materials address HB 697 energy efficiency measures, and they appear here in part, to reflect developer commitments. • Project preserves some 1,543 acres of land while limiting development footprint to about 700 acres; • The most - intense land uses are oriented adjacent to existing development; • Mix of residential uses, medical and commercial uses, an existing attraction, and a centrally - located elementary school; • A jobs -to- housing balance, reducing automobile trips and minimizing vehicle miles traveled; EAC Meeting: December 1, 2010 Neighborhoods developed with a multi -modal street system, promoting alternative modes of transportation and reducing GHG emissions; Energy conservation features, incorporating a bicycle and pedestrian system connecting all land uses, bike racks and storage facilities in recreational, commercial and multi- family areas, select energy- efficient indoor and outdoor building features, prohibition of covenants or deed restrictions that would hamper or prevent energy conservation, vegetative choices and landscape design features that reduce need for water and maintenance, energy efficient lighting in public areas, and others. IV. GROWTH MANAGEMENT PLAN CONSISTENCY: Background and Considerations: The following is a summary of the background of the "Rural Fringe Mixed Use District'. Originally adopted as the Rural Fringe Mixed Use District on June 19, 2002 this special land use area is generally located between the coastal Urban area and Golden Gate Estates — the rural fringe area of the County. Due to legal challenges, the original amendments did not become effective until July 22, 2003. GMP Future Land Use Element (FLUE) provisions for the Rural Fringe Mixed Use District, in part, read as follows: 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. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TDR program within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR program. Receiving Lands are areas of lesser environmental value; accordingly, they have the least restrictive protection standards and broadest list of permitted uses. Residential density is m EAC Meeting: December 1, 2010 allowed at 1 DU /5 acres; for parcels equal to or larger than 40 acres, this density may be increased via TDRs to a maximum of 1 DU /acre. Neutral Lands have an intermediate level of environmental protection standards. Permitted uses are virtually the same as prior to the June 22, 1999 Final Order. Residential density is allowed at 1 DU /5 acres. These lands are "neutral" to the TDR program - they are not eligible to send or receive dwelling unit rights. For parcels equal to or larger than 40 acres, clustering is allowed. Sending Lands are areas of higher environmental value; accordingly, they have more restrictive protection standards and a more restrictive list of permitted uses. Residential density is limited to 1 DU /40 acres, or pre - existing parcel size of less than 40 acres if created prior to June 22, 1999. Residential density may be transferred at a ratio of 1 DU /5 acres, or pre- existing parcel size of less than 5 acres if created prior to June 22, 1999 and lawfully existing, however, this will be reviewed further to determine if it is appropriate to have a variable ratio dependent upon a given parcel's value and /or proximity to the Urban area. Once development rights have been transferred (TDRs used), allowable land uses are further restricted - agricultural uses are allowed to continue but cannot be intensified. Comprehensive Plan Amendment Data and Analysis Requirements Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance' sets forth the minimum data and analysis requirement for comprehensive plan amendments. More specifically, Section 9J -5.005 "General Requirements" delineates criteria for plan amendments in sub - section 9J -5.005 (2) "Data and Analysis Requirements." Sub - section 9J- 5.005(2) states, in part, "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue ... the Department will review each comprehensive plan [amendment] for the purpose of determining whether the plan [amendment] is based on data and analyses described in this Chapter and whether data were collected and applied in a professionally acceptable manner." Data and analysis was prepared and submitted to support the proposal to develop approximately 719 acres straddling Urban Residential Fringe Subdistrict Rural Fringe Mixed Use District lands, while preserving approximately 1,543 acres. Vegetation mapping was conducted in 2002, 2003 and 2009. Listed species surveys were conducted in 2002, 2003, 2006 and 2009. Red - Cockaded Woodpecker surveys were conducted in 2003, 2004 and 2009. The Passarella & Associates, Inc. Ecological Consulting firm's untitled report prepared for the Hacienda Lakes project verifies the existence of wetland areas and upland habitat, native vegetation and exotic and nuisance vegetation, presence and potential presence of listed species, archaeological sites, and recreational business activities on the subject property. (This Report is labeled as "Exhibit M" in CP- 2006 -11 application materials, with summarizing statements found on pages 24 and 25. Please note that mapping prepared for this exhibit is labeled primarily for the companion Hacienda Lakcs DRI application and do not fit into the order of 06 -11 GMPA exhibits.] fC /2 EAC Meeting: December 1, 2010 In a summary the report concludes, in part, 'The (Hacienda Lakes] site plan has been designed to minimize impacts to the listed species... identified on the property, minimizes impacts to the higher quality wetland and upland habitat on the eastern portion of the site ". `The on -site preserves have been designed to connect to off -site preserves and the Picayune Strand State Forest... to retain connectivity of wildlife habitat." Environmental I m pacts: r The original Rural Fringe Mixed Use District designations were based upon landscape scale analysis- Since then, proposals for re- designation have relied on site - specific environmental findings in order to demonstrate different property characteristics. Data and analysis is provided in an effort to demonstrate that the Sending Lands designated areas will benefit from the shift of preservation efforts from the Urban Residential Fringe, and is supported by Environmental review staff. Under regular circumstances, the entire Sending Lands portion of the project area would demonstrate compliance with the preservation standard of Rural Fringe Sending Lands — preserving 90% of native vegetation present, up to 60% of the site. This percentage would amount to approximately 982 acres if no additional preservation were proposed bringing the Sending Lands total to 1,484 acres. [These preservation calculations are summarized in the Table appearing on page 41 of 42 of "Exhibit F', List of Developer Commitments.] Evaluation of the data and analysis for the subject plan amendment was conducted by the Collier County Stormwater and Environmental Planning Section staff, with recommendations provided below: Future Land Use Element Density Rating System d. Density Blending The applicant is proposing to be able to shift the native vegetation retention requirement from the Urban designated portion of a project to the portion of a project designated Sending Lands, if the maximum native vegetation retention requirement within the Sending lands portion is met. In keeping with the intent of the GMP to retain as much native vegetation as possible within Sending lands, Stormwater and Environmental Planning Section staff recommends allowing the native vegetation retention requirement to be shifted from the Urban designated portion of a project to the portion of a project designated Sending lands. [Stephen Lenberger, Senior Environmental Specialist Stormwater and Environmental Planning Section] _ 11 _ EAC Meeting. December 1, 2010 Neighborhood Information Meeting Synopsis: A Neighborhood Information Meeting (NIM) was [duly advertised, noticed and] held on Thursday, September 30, 2010, 5:15 p.m. at Edison College Campus Auditorium B -101, located at 7007 Lely Cultural Parkway, Naples. Approximately twenty -eight people other than the applicant's team and County staff attended. Dwight Nadeau, AICP, the applicant's agent provided a full description of the proposed amendments, including developed areas and preserved areas, roads involved and proposed accesses, and the residential density and commercial and office use intensity. Developing the subject property would incorporate the Swamp Buggy Days and Junior Deputy sites at their present locations. Mr. Nadeau explained the GMPA Transmittal process to the group in attendance indicating how if these GMPAs were approved in Transmittal, subsequent GMPA Adoption process' would be required along with the DRI and PUD rezone procedures. The rezone would also be preceded by the holding of another Neighborhood Information Meeting and set of public hearings. The part of this GMPA relating to Mixed Use Activity Center No 7 would allow the development of additional commercial and professional office space on these approximately 37 acres. Mr. Nadeau provided an overview of the County's Transfer of Development Rights program, and how certain limitations leave the development of the site with un -used TDRs. The part of this GMPA relating to the TDR program would allow more TDRs to be shifted to the urban part of the property for increased density there. Questions generated during the subsequent discussion focused on the nature of the proposed development, traffic and localized road conditions. One person asked about the Swamp Buggy facility and the potential for compatibility issues with nearby residential land uses. The applicant's team explained how the proposed Business Park would serve as a transition to buffer noise and other impacts between the facility and residential land uses. Land uses allowed at the Swamp Buggy facility will remain the same, where redevelopment into a business park or school site is not planned. Another attendee asked for clarification regarding main vehicular access to the new development. The team explained that The Lord's Way and Rattlesnake Hammock Road would be extended /improved to serve as the main access points with CR 951. A right -of -way corridor is being reserved at this time for the eventual development of, and connection to, Benfield Road. Their development plans do not include the actual construction of Benfield Road. An attendee asked about the nature of the residential development. The applicant indicated a variety of single - family and multi - family housing options are planned, without age or income restrictions. Another attendee asked for clarification regarding plans for the area located east of the Verona Walk community. The team explained that this area is to be part of the larger preserve acreage. Except for the Benfield Road corridor, these lands are protected from development in perpetuity. In order to derive certain benefits from the TDR program, these preserve lands are conveyed to a public agency responsible for restoration and maintenance. No one in attendance expressed opposition to the project. No major issues or contentions were raised or discussed. No statements of commitment were made by the agent, applicant or developer The meeting was completed by 6:15 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] 12- EAC Meeting: December 1, 2010 V. MAJOR ISSUES: These are proposed amendments to the Future Land Use Element and Conservation and Coastal Management Element as specifically allowed by Florida Statutes. For those properties that are re- designated, and for properties affected by GMP text changes, they will be subject to all GMP requirements and limitations of the new designations, including requirements of the Future Land Use Element and Conservation & Coastal Management Element (COME). VI. RECOMMENDATIONS: In view of the reviews and analyses provided within this Report, staff recommends that the Collier County Environmental Advisory Council forward Petition CP- 2006 -11 to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Community Affairs with the following requirements /recommended conditions, as follows: Approximately 493.2 acres lie east, beyond 1 mile of the URF boundary, and are identified as an "Area not qualified for Sending" TDR credits into the URF. [This acreage however, is qualified for sending TDR credits into other receiving areas of the County.] If any of these "not qualified" acres are preserved in order to lift the URF receiving capacity to 2.8 units /acre, then they should not be able to produce further TDR benefits. Preliminary calculations show that from 326 to 468 additional acres of RFMUD Sending Lands will be preserved above and beyond the 1,016 acres requiredfor obtaining the "Environmental Restoration and Maintenance" TDR Bonus. The acres associated with orovidina lift to as Tangs guallrvlr)g IUI 11W i UM U1u41 all — as a v vv,a,vi i Ll. 1 ............... ... ,,. .,,,, .... ,._.._... _.. to be applied to the PUD. Such a requirement ensures that all lands preserved as part of the Hacienda Lakes subject property will be subject to, and meet, the same restoration and maintenance standards. In addition, the acres associated with providing lift to the URF receiving capacity should however. be required to (2) surrender further participation in the TDR program insofar as severing credits from said acres as a provision to be added to the GMPA or as an condition to be applied to the PUD. Such a requirement ensures that all lands preserved as part of the Hacienda Lakes subject property will provide density enhancements, one time, and precludes double - dipping into the density pool. With such requirements and conditions, CP- 2006 -11 would remain consistent with other components and provisions of the GMP. Other issues surrounding CP- 2006 -11 are not environmental in nature, and will be addressed by the CCPC or are more appropriate to be considered during review of the companion F111) rezorte process, and will be addressed at that time. -13- EAC Meeting: December 1, 2010 PREPARED BY: A 1c�Y 1v Corby SchrTt�idt,'A-16 P, Principal Planner Date Comprehensive Planning Section REVIEWED 'BY: David Weeks, AICP, Growth Management Manager Date Comprehensive Planning Section Stephen Lenberger, Senior Environmental Specialist Stormwater and Environmental Planning Section Gerald Kurtz, RE., Stormwater Manager Stormwater and Environmental Planning Section VVAlliam D. Lorenz; Jr., RU Director Land Development Services Department APPROVED BY: X Nick Casalanguida, Deputy Adntiihjstrator Growth Management Services Division — Planning and Regulation HSCHMIDTCorby04 November 10 DRAFT 06-11 EAC Staff Report - Transmittal.docx -14- 4, c' Date Date Date I �_L i - - A Date Item VII-B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF December 1, 2010 NAME OF PETITIONER/PROJECT: Petition No.: CPSP- 2010 -2 Petition Name: Various Amendments to the Future Land Use Element and Maps in the GMP - Wellhead Protection Areas and Proposed Welltields and ASRs Map ONLY (Comprehensive Plan Map Amendment initiated by the Collier County Pollution Control and Prevention Department) [Transmittal hearing] Applicant: Collier County U. LOCATION: This petition does not pertain to a specific property. III. BACKGROUND and PROJECT DESCRIPTION: In the Collier County Growth Management Plan (GMP), Objective I of the Natural Groundwater Aquifer Recharge Sub - Element (NGWAR) and subsequent policies, and Objective 13 of the Conservation and Coastal Management Element (COME) and subsequent policies, requires the County to maintain maps of potable water wellfields that are most sensitive to contamination from nearby development activities and other activities and conditions. Every two years, the County is to revise and update its three - dimensional computer models, based upon a variety of data, and revise wellfield maps, as necessary. In the GMP, there is a single map in the Future Land Use Element known as the Wellhead Protection Areas and Proposed Wellfields and ASRs Map that is part of the Future Land Use Map series. Section 3.06.00 of the Land Development Code (I,DC) contains "wellfield risk management special treatment overlay zone maps," maps that are similar to, but with greater detail than, the map in the Future Land Use Element. Similar to the GMP, the LDC requires review of the wellfield maps, but on an annual basis. The biennial process in the GMP consists of updating the computer model, then, if warranted, revising the map in the Future Land Use Element. Subsequently, any affected map(s) in the LDC would need to be amended. Sine; the LDC includes regulatory provisions, it is important to amend the LDC map(s) as soon as possible after the GMP map has been amended. EAC Meeting 12/1/10 The attached 33 -page report provides the technical basis for the proposed map amendment; a similar report was used to support such map amendments in 2007, and in other prior years. The proposed Wellfields map itself is located on page 6; the summary of map changes (affected wellfields) is identified on pages 4 and 5. Also, attached is the existing Wellfields map. The proposed amendment is technical in nature and is based upon the sound science of the computer modeling; it has no impact upon public infrastructure or surrounding properties (though properties newly added to a protection zone would be subject to additional regulatory scrutiny). Consideration of this proposed amendment at this EAC meeting was duly advertised in the Naples Daily News as required by CCME Policy 3.3.2. IV. GROWTH MANAGEMENT PLAN CONSISTENCY: This is a proposed amendment to the Future Land Use Map series. It is required to be periodically revised, as necessary, pursuant to Objective 1 of the NGWAR and subsequent policies, and Objective 3.3 of the CCME and subsequent policies. V. RECOMMENDATION: That the EAC recommend approval of petition CPSP - 2010 -2, proposed amendment to the Wellhead Protection Areas and Proposed Wellfields and ASRs Map. PREPARED BY: David Weeks, AICP, GMP Manager Date Comprehensive Planning Section, Land Development Services Dept. REVIEWED BY: William D. Lorenz:-Jr., P.E., Director Land Development Services Department Nick C Administrator Growth Management Division/Planning and Regulation f ► - , >• 201 C� Date 0-4 /0 Date EAC Staff Report Transmittal CPSP- 2010 -2 batch petition - FLU Wellhead Map only GAComprehensive=MP PLANNING GMP DATA1Comp Plan Amendments12009 -2010 Combined Cycles petitions12010 Cycle PetitlonS\CPSP- 2010-2 batchtEAC Transmittal dw111 -15 -10 CO# County Growth Management M o' Planning ♦ mil!' Memorandum To: Environmental Advisory Council From: Mac Hatcher, Senior Environmental Specialist Date: November 18, 2010 Subject: Staff Summary — December 1, 2010 Watershed Management Plan Workshop Update Objective: To provide a brief update on the progress and initiate discussions on the development of a fertilizer ordinance as part of the Watershed Management Plans. Considerations: Recent legislation requires Collier County to adopt at least the "Model Ordinance" because we have water bodies that have been designated Impaired for nutrients by FDEP. I have attached links to some pertinent background documents from the Watershed Management Plan Informational links and Documents ( http:.//N vwvv .collierr;ov.rret /Index.aspx ?pa Te =2302) below: Model Fertilizer Ordinance 2009 - littn: //w,.v colliergov, net / Modules /Showi.)ocument aspy' ?documentid- -32741 Model Fertilizer ordinance 2010 - http• //'vNiww collier�*ov. net /Modules /ShowDocument.asi)x` ?documentid =32869 Senate Bill 494 2009 (Fertilizer section begins on pg 8) - http: /Ivvww colliergov. net / Modules /S how Docume nt. aspx?documentid =32738 Fl. Friendly BMPs for Protection of Water Resources - http;/ /www collier net/ Modules /Sliowt)ocurneiit aspx ?documentid =32740 Fl. DACS Fertilizer Task Force Report - http// www.coII ierLov .riet /ModulesiShow_I)ocument .aspx ?documentid =32739 U of F IFAS Unintended Consequences of Urban Fertilizer Ordinances - http:/ /www collierV,ov net/ Modules /ShowDocument.aspx ?documentid =32930 The Conservancy of Southwest Florida has submitted an ordinance draft for consideration which I will post as soon as I get a digital version. FISCAL IMPACT: There are no fiscal impacts at this time. I will develop fiscal impacts for the implementation of the ordinance prior to asking for a final recommendation. GROWTH MANAGEMENT IMPACT: Completion of the WMPs will support objective 2.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. PREPARED BY: Mac Hatcher, Senior Environmental Specialist, Growth management Division / Planning and Regulation Office of the County Administrator Growth Management Division Office of Land Development - Stormwater and Environmental Planning Section