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EAC Agenda 01/05/2011 EAC AGENDA JANUARY 5, 2011 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCil AGENDA January 5, 2011 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call A. Welcome new member Gina Downs III. Approval of Agenda IV. Approval of December 1, 2010 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions - none VII. New Business VIII. Old Business A. Immokalee Area Master Plan GMP Amendment - Adoption B. Watershed Management Plan Update C. Update members on projects X. Council Member Comments XI. Staff Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notify Summer Araaue. Senior Environmental Specialist no later than 5:00 p.m. on December 29.2010 if you cannot attend this meetina or if yOU have a conflict and will abstain from votina on a petition (252-6290). Stephen lenberaer (239) 252-2915 shall be contacted if needed after December 30. 2010. 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. C __ler County ~~!Il.-. ;,...,. Growth Management DMsion Planning & Regulation Memorandum To: Environmental Advisory Council From: Mac Hatcher, Senior Environmental Specialist Date: December 22, 2010 Subject: Staff Summary - January 5, 2011 Watershed Management Plan Workshop Update Obiective: To provide a brief update on the Functional Assessment of habitat 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://www.colliergov.net/Index.aspx?page=2302) below: Functional Assessment - http://www.colliergov.net/Modules/Show Document.aspx?documentid=3 3 5 83 Updates to some of the water quality assessments have been posted on the web site and I anticipate these will be discussed at the February meeting. Instream Water Quality - http://www.collier~ov.net/Modules/ShowDocument.aspx?documentid=33584 Receiving Water Quality - http://www.colliergov.net/Modules/ShowDocument.aspx?documentid=33585 FISCAL IMPACT: There are no fiscal impacts at this time. 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 CP-2008.5 Immokalee Area Master Plan GMP Amendment <::::;014 "M.'ty STAFF REPORT ENVIRONMENTAL ADVISORY COUNCIL TO: FROM: ENVIRONMENTAL ADVISORY COUNCIL GROWTH MANAGEMENT DIVISION - PLANNING AND REGULATION, COMPREHENSIVE PLANNING SECTION HEARING DATE: January 5,2011 .J .. RE: PETITION CP-2008-5, IMMOKALEE AREA MASTER PLAN GROWTH MANAGEMENT PLAN AMENDMENT (ADOPTION HEARING) Coordinator: Carolina Valera, Principal Planner AGENT/APPLICANT: Agent: Robert Mulhere RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Applicant/Owner: Immokalee Community Redevelopment Agency (ORA) Collier County Government 310 Alachua Street Immokalee, FL 34142 GEOGRAPHIC LOCATION: The Immokalee urban area is a region of about 30 square miles containing :t17, 116 acres of land, and is located in northeast Collier County, approximately 27 miles from the intersection of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Naples to the intersection of South First Street and Main Street in Immokalee. The Immokalee urban area comprises the Immokalee planning community. REQUESTED ACTION: The subject area of this amendment request is designated Urban on the Future Land Use Map (FLUM) of the Immokalee Area Master Plan (lAMP) element of the Growth Management Plan (GMP). This petition seeks to revise and replace in its entirety the existing adopted Immokalee Area Master Plan Element of the GMP, including the existing Implementation Strategy, which encompass the Goals, Objectives, and Policies; the Land Use Designation Description Section, which generally indicate the types of land uses for which zoning may be requested; and the Future Land Use Map (FLUM). Additionally, approximate 103 acres designated Agricultural/Rural and within the Rural Lands Stewardshrp Area Overlay are proposed to be added to the lAMP and those lands re-designated as Urban. This petition also proposes changes to Policy 6.2.5 of the Conservation and Coastal Management Element (CCME) to add language to address the vegetation retention requirements that would apply to lands within the Lake Trafford/Camp Keais Strand System; and revisions to the Future Land Use Map Series of the Future Land Use Element (FLUE) to reflect the additional 103 acres to the Immokalee Urban area. CP-2008-5 Immokalee Area Master Plan GMP Amendment SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subiect Area: More than half of the land use type within the Immokalee Urban area is presently agricultural. The remainder is a mixture of residential, commercial and industrial uses. Immokalee is accessed from the south and east by its major roadway, Immokalee Road (CR 846). State Road 29 provides access into the Community from the northern counties of Lee and Hendry and to the southeast areas of Collier County. "'Tr;>i;;~}'$,"Ir '::' 'i~~'~C f'f,'T!"lOO ,Cf'-'K~ '<''''^''''>.,,,,,,,,<_'_N<,,~-.-,_,,~~'''N'____~~N>~~'~''''~^'-'~_'''~~.__,"CC~~,^_~^,"__"m^,"<..,'""W PROPOSED fLUM MAP IMMOKALEE FUTURE LAND USE MAP o W~ I. ...tl' r: -, ..J.,," :I~~~~~~'-'~ Draft Future Land Use Map (FLUM) SurroundinQ Lands: North: Lands designated Agricultural/Rural Mixed Use District, Rural Lands Stewardship Area Overlay (RLSA) on the countywide Future Land Use Map (FLUM). The vast majority of these lands are zoned Rural Agricultural District (A). South: Lands designated Agricultural/Rural Mixed Use District, RLSA on the countywide FLUM. Most of these lands are undeveloped and are zoned Rural Agricultural District (A). East: Lands designated Agricultural/Rural Mixed Use District, RLSA on the countywide FLUM. Lands to the east are within the Area of Critical State Concern on the countywide FLUM and which are within the Okaloacoochee Habitat Stewardship Area (HSA) and the Okaloacoochee Slough Flowway Stewardship Area (FSA). These lands are undeveloped and most are zoned Rural Agricultural District (A). 2 CP-2008.5 Immokalee Area Master Plan GM? Amendment West: Lands designated Agricultural/Rural Mixed Use District, RLSA on the countywide FLUM; as well as Lake Trafford and lands within the Camp Keais Strand FSA. Most of these lands are undeveloped. . .. . It 29 Ii IMMOKALEe FUTURE LAND use MAP It itO Ii ~ rn-..... rn__- [I~--- &:..;;_::. :'~..i~':~~~~r.;"",:~ -........I'WIIIlI.m'..~'l.. ~_ .J:"" l'l"'" IU~WS~~ Existing lmmokalee Area Master Plan (lAMP) Future Land Use Map (FLUM) CONSlDERA TIONS: The proposed Immokalee Area Master Plan (lAMP) intends to implement the Immokalee community's vision, as approved by the Immokalee Area Master Plan and Visioning Committee (IMPVC). by promoting economic development and efficient delivery of services through greater density and intensity that encourage dense, clustered development along major thoroughfares that transition to lower densities; incorporating smart growth principles; and by providing greater development flexibility through mixed-use Subdistricts. The revised Immokalee Future Land Use map provides integrity to the geographic region. In general, the amendment to the lAMP element of the GMP proposes eight new goals, each with respective objectives and policies; followed by the revised Land Use Designation Description Section which includes and describes the proposed land use designations that will guide patterns of development within the Immokalee urban area and further the proposed goals through standards set forth within such land used designations, and the types of allowed land uses that could be requested. The following are some of the major changes proposed in this petition: 3 CP-2008-5 Immokalee Area Master Plan GMP Amendment . Re-configuration of the wetland boundary that connects to Lake Trafford/Camp Keais Strand System Overlay. This revision was requested by staff. . Re-designation of the lands within the boundary of the Immokalee Regional Airport from Industrial (10) to Immokalee Regional Airport Subdistrict (APO). . Addition of :t103 acres of land that are proposed to be removed from the Rural Lands Stewardship Area Overlay (RLSA) and be included within the boundary of the Immokalee Regional Airport Subdistrict (APO). . Addition of the "Loop Road," which is proposed to allow access from the Immokalee Regional Airport and Florida Tradeport areas, to SR82 and SR29. . Revisions to the land use designations in the lAMP FLUM include: o An increase in the base density allowed within the mixed use designated areas. However, no change in base density (DU/A - dwelling units per acre) is proposed within the Low, Medium, High and RT designated areas. o An increase of about 10 percent in the number of potential dwelling units that could be developed through base density. o Changes in the maximum density allowed within the low residential (reduction) and mixed use designated areas (increase). o An 18 percent reduction in the maximum number of potential dwelling units that would be allowed in the lAMP. o An increase of :1:201 acres of Recreational Tourist (RT) designated lands. o An increase on the cap of allowed density that can be requested within the Immokalee Urban Area, via density bonus, from a maximum of 16 DU/A to a cap of 20 DU/A. o A five percent reduction of residential designated lands. This change of over :1:636 acres of residential designated lands are proposed to be re-designated to allow commercial and industrial development, as well as uses that are allowed under the RT designation. o An increase of :t80 acres of commercial designated lands. o An increase of :1:462 acres of industrial designated lands. This increase includes the re-designation from Industrial (ID) to Immokalee Regional Airport Subdistrict (APO) of 1484.3 acres of land that are part of the Immokalee Regional Airport boundary. TRANSMITTAL HEARINGS: Environmental Advisorv Council (EACl Recommendation: The EAC heard this petition at their January 6, 2010 meeting and unanimously recommended (3-0) to forward the subject amendment, CP-2008-5, Immokalee Area Master Plan, to the BCC with a recommendation to transmit to the Florida Department of Community Affairs (DCA) subject to the following conditions: 1. Standardize the Lake Trafford Camp Keais Strand System (L TCKSS) Overlay terminology throughout the document. [Staff note: This condition has been addressed in the revised document.} 4 CP-2008-5 Immokalee Area Master Plan GMP Amendment 2. Allow any lands within the L TCKSS to qualify for density and intensity blending. [Staff note: This condition was incorporated into the document per the BCC conditions of approval to transmit to DCA. Please refer to BCC condition number 3 discussions, under the BCC recommendation in the following page.] 3. Prohibit density increases within the L TCKSS Overlay. [Staff note: This condition has been addressed in the revised document through the exemption of any bonuses to lands within the L T/CKSSO. Additionally, the density and intensity blending provisions that apply to lands within the L T/CKSSO are intended to encourage shifting development from Urban designated lands to lands within the RLSA.] 4. Allow wetlands within the L TCKSS that are restored to high quality wetlands to qualify for density intensity blending. [Staff note: As noted above, this condition has been addressed in the revised document.} 5. Prohibit retroactive L TCKSS development applications. [Staff note: This condition has been addressed in the revised document.] 6. Remove the Greenfield Designation. [Staff note: Greenfield designation has been removed from the document.] 7. Policv 4.1 .1 - Postpone the TDR adoption process for a period of 2 years to determine its feasibility and if a Growth Management Plan amendment is required. [Staff note: This condition has been addressed in the revised document. Please note that Policy 4.1.1 has been re-numbered to Policy 5.1.1 in the revised lAMP.] 8. Clarify Policies on how lands will be designated for "Conservation.. [Staff note: This condition has been addressed in the revised document. Please note that a Conservation designation is not being proposed at this time. However, the revised document includes requirements to evaluate the need of such for the inclusion of a Conservation designation through the Evaluation and Appraisal Report process.] 9. Separate the Mitigation Bank Policy into Public and Private designations. [Staff note: This condition has been addressed in the revised document.] 1 O. Policv 6.1.7 to read - "Within two (2) years of adoption of the Policy, Collier County shall amend the Land Development Code to provide for a deviation process from the current native vegetation retention standards set forth in the CCME Policy 6.1.1 for developments within the Immokalee Urban Area. This deviation process shall be consistent with provisions set forth in CCME Policy 6.1.1(10). '1 [Staff note: This condition has been addressed in the revised document. Please note that Policy 4.1.1 has been re-numbered to Policy 5.1.1 in the revised lAMP.] 11 . Goal 4 - expand language to include listed species for upland and scrub jay habitat within the Immokalee Urban Area [Staff note: This condition was included by the agent for the petitioner, but later revised by the CCPC. However, the revised language is intended to be general and therefore to include listed species, Including scrub jay habitat. Please note that Goal 4 has been re-numbered to Goal 5 in the revised lAMP.] 5 CP.2008-5 Immokalee Area Master Plan GMP Amendment 12. Provide a data analysis on how the Immokalee Sewer and Water District intends to meet the demands of future development. [Staff note: This condition has been addressed in the revised data and analysis.] 13. Policv 4.1.2 line 1 - from "Recognizing the importance of Lake Trafford to potential ecotourism..." To "Recognizing the importance of Lake Trafford and the surrounding wetlands and natural habitat to the ecosystem, economy and ecotourism... II [Staff note: This condition has been addressed in the revised document. Please note that: Policy 4.1.2 has been re-numbered to Policy 5.1.2 in the revised lAMP.] 14. Policv 4.1.2 - line 4-5 from - "Within 2 years of the adoption of the Policy, the County in conjunction with the Immokalee Community Redevelopment Agency will amend the ..." to "Within 2 years of the adoption of this Policy, the County in conjunction with the Immokalee Community Redevelopment Agency and any applicable State or Federal Agencies will amend the ..." [Staff note: This condition has been addressed in the revised document. Please note that Policy 4.1.2 has been re-numbered to Policy 5.1.2 in the revised lAMP.] 15. Policv 4.1.3 line 1 - from "Collier County will continue to cooperate with agencies on remediation efforts at Lake Trafford..." to "Collier County will continue to cooperate with agencies on remediation, restoration and continuing long term management efforts at Lake Trafford..." [Staff note: This condition has been addressed in the revised document. Please note that Policy 4.1.3 has been re-numbered to Policy 5.1.3 in the revised lAMP.] Collier County PlanninQ Commission (CCPC) Recommendation: The Collier County Planning Commission (CCPC) heard this petition on February 16, February 18, March 3, and May 20, 2010, and unanimously recommended (6-0) to forward the subject petition to the BCC with a recommendation to transmit to DCA, subject to numerous changes throughout the document which the petitioner has made, and subject to map revisions to identify the proposed :t:103 acres expansion of the Immokalee Regional Airport. In addition, the CCPC recommended the addition of language to Policy 6.1.7 to allow Mobile Home use for a specific existing mobile home park located within the Industrial subdistrict. Of relevance to the EAC is the request from the CCPC to remove language that would allow density and intensity blending for properties which are contiguous to Lake Trafford or Camp Keais Strand which straddle the Immokalee Urban area and the Rural Lands Stewardship Area Overlay (RLSA). The CCPC expressed concern that the proposed lAMP did not include data and analysis that assessed the impact that the shifting of density and intensity could have on the RLSA program. Additionally. a new Goal was included that would allow the County to prioritize capital projects, programs, studies, and any other commitments within the proposed plan that are necessary to further the Goals, objectives, and Policies in the lAMP; identifies potential alternative funding sources; and allows for the extension of timeframes allocated to fulfill commitments. Board of County Commissioners (BCC) Recommendation: The BCC heard this petition at their June 23, 2010 meeting and unanimously approved (5-0) the subject amendment for transmittal to DCA subject to the following conditions: 6 CP.2008-5 Immokalee Area Master Plan GMP Amendment 1. Deletion of the CCPC's recommended language to Policy 6.1.7. to allow Mobile Home use for a specific existing mobile home park within the Industrial subdistrict. 2. Inclusion (at Adoption) of companion amendments to the Future Land Use Element and Map to reflect the removal of the :t103 acres proposed to be added to the Immokalee Regional Airport. 3. Re-inclusion of language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban area and the Rural Lands Stewardship Area Overlay (RLSA). This decision was in response to a request from a public speaker representing a client that owns lands that could potentially benefit from this provision. In addition, the BCC requested the public speaker to provide staff data and analysis that would assess the impact of such provision on the RLSA program with the intention that, during adoption hearings, the EAC and CCPC be able to provide the BCC a recommendation of the merits of such provisions based on the supplied data and analysis. (See attached data and analysis provided by Wilson Miller Stantec Inc.) Staff maintains that the submitted data and analysis does not address the effect that the shifting of density and intensity may have on the acreage caps in the RLSA. Evaluation and Aooraisal Reoort (EAR) CCPC comments: The wetland boundary that connects to Lake Trafford/Camp Keais Strand System Overlay (LT/CKSSO) was adopted as part of the 2007 GMP amendments based on the 2004 EAR. As part of this change, policies were added to the CCME to increase the native vegetation retention requirements. Subsequent analysis by staff yields a different, more accurate boundary of this wetland. At staff request, the petitioner agreed to include the revised boundary as part of this amendment petition. As part of the EAR hearings, the CCPC commented that the proposed standards contained under the 'Wetlands Connected to Lake Trafford/Camp Keais Strand System Overlay" of the Land Use Designation portion of the plan, references the wetland protection standards set forth in Policy 6.2.5 of the CCME. However, such CCME Policy does not specify the vegetation retention requirements thresholds and standards that would apply to the Lake Trafford/Camp Keais Strand System. The CCPC requested staff to evaluate what vegetation retention requirements would be appropriate for said system. A CCPC member stated that perhaps the 90 percent requirement of the RLSA lands would be appropriate. Staff evaluated the request for applying a 90 percent vegetation retention requirement and which is intended for properties located within the RLSA. A point of contention is the fact that the development parameters for these lands (density; intensity; and allowed uses) are intentionally restricted compared to those that apply to properties within the L TCKSS Overlay. Properties within the L TCKSS are allowed to develop at much higher density and intensity than the lands within the RLSA. Therefore, such high vegetation retention requirement is illogical when compared with the allowed development standards for properties within the L TCKSS. The CCME requires properties within the Urban area to retain a minimum of 25 percent of vegetation. Lands within the L TCKSS are within the Immokalee Urban Area. However, because of the high natural value of these lands, staff is of the opinion that the Urban vegetation retention requirements would not further the intent of protecting these lands. Staff concludes that a mid-point range of vegetation retention, such as the requirements for Neutral lands, is the most appropriate for properties within the L TCKSS. Therefore, vegetation 7 CP-2008-5 lmmokalee Area Master Plan GMP Amendment retention of 60 percent (not to exceed 45 percent of the site) is the appropriate requirement for properties within the L TCKSS. Amendments to Policy 6.2.5 of the CCME are necessary in order to implement these requirements (see attached Exhibit A text.) DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTION. RECOMMENDATIONS AND COMMENTS (ORC) REPORT: The Objections Recommendations and Comment (ORC) Report is included as part of this amendment packet, as well as a response letter prepared by the petitioner's consultant (RW A) with the assistance and input of County staff. Most notable for the deliberations of the EAC are the following comments: The ORC Report notes the need to establish meaningful and predictable guidelines and standards defining the amounts of preservation that would be required to receive the density bonuses and incentives as outlined in Policy 5.1.1 when a development exceeds the minimum amount of preservation already set forth in Policy 6.1.1. of the Conservation and Coastal Management Element (CCME). The revised language proposes that on-site or off-site preservation exceed the minimum applicable amounts set forth in the CCME Policy 6.1.1 by at least ten percent, in order to qualify for incentives. In addition, greater levels of incentives may be provided for greater amounts of preservation through criteria that is to be specified in the Land Development Code (LDC). In addition, the ORC comments on the need of meaningful and predictable guidelines and standards defining the best management practices regarding water quality as a result of development adjacent to lake Trafford and its surrounding wetlands or natural habitat. The revised lAMP specifies that best management practices are to conform to those established by the Department of Environmental Protection (DEP) and the Environmental Protection Agency (EPA) in order to address Total Maximum Daily loads (TMDl) and nutrient loading. lastly, the ORC is concerned with the projected demand for and availability of potable water and sanitary sewer facilities and water supply, based on clear assumptions regarding the combination of residential and non-residential land uses at the adopted level of service standards. The revised plan includes additional data and analysis in the short term and long term of supply and demand of water and sewer facilities. The analysis also includes demand analysis from maximum potential build-out to account for maximum non-residential build-out potential. land use related comments within the ORC include recommendations to establish meaningful and predictable guidelines and standards defining the intensity of non-residential use for the different future land use categories. Based on an analysis of existing conditions and growth projections through the 2025 planning horizon, the revised lAMP proposes a maximum square footage of 8.45 million square feet for non-residential development for the entire Immokalee Urban Area, an increase of 3 million square feet above the existing 5 million square feet of non- residential development. Other revisions to the lAMP because of the ORC include: the establishment of a maximum of 70 percent of non-residential development within the Commercial-Mixed Use subdistrict; inclusion of the specific uses allowed within the Immokalee Regional Airport subdistrict; clarification that the proposed Central Business District is meant to be a zoning district as opposed to a land use 8 CP-200B.5 Immokalee Area Master Plan GMP Amendment designation; a revised transportation analysis to address short term and long term transportation concerns and needs. Revisions to the lAMP to address the ORC include the following: . Additional text to Policy 5.1 .1 . Additional text to Policy 5.1.2 . A new Policy 6.1.10 . Additional text to the Urban - Mixed Use District . Additional text to the Urban - Industrial District . Additional text to the Commercial - Mixed Use Subdistrict . Additional text to the Industrial - Immokalee Regional Airport Subdistrict . Additional data and analysis: o Future Land Use and Nonresidential Potential Analysis o Zoning and FLUM inconsistencies o Five and Ten - Year Water and Sewer Availability o Demand Analysis from Maximum Potential Build-Out If an Objection set forth in the ORC Report is not adequately addressed when adopted, then the DCA may find the amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC Report in one of four ways at Adoption: 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate if we believe DCA simply does not understand/has misunderstood the amendment] and/or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and/or provide additional data and analysis; or, 4. not adopt the amendment. STAFF RECOMMENDATION: Staff recommends that the Environmental Advisory Council forward Petition CP-2008-5 to the Board of Collier County Commissioners with a recommendation to adopt and transmit to DCA. 9 CP"2008.5 Immokalee Area Master Plan GMP Amendment PREPARED BY: CA~ vf~~R'~~'f- PLANNER Comprehensive Planning Section Land Development Services Department Planning & Regulation, Growth Management Division APPROVED BY: MIKE BOSl, AICP, COMPREHENSIVE PLANNING MANAGER Comprehensive Planning Section Land Development Services Department Planning & Regulation, Growth Management Division L!L1AM LOREN, E, DIR eTOR Land Development Services Department Planning & Regulation, Growth Management Division APP.. RP-VIf. ..'~. Bl.Y.', /.)~.'.. '\ /' '/),- / /_~ ( /../~/)/ -/ ~,...... / 0/ .-:<-'?_" ~. <m"'" Y .:," ,,,/. : ," ~.~~, NicKCASALANGtuI~ ~~~ATOR Planning & Regulation, Growth Management Division DATE: ~.~!7. to DATE: DATE: DATE: / ~. r? /2- b 10