DCA ORC ReportsDEPARTMENT
COMMUNITY AFFAIRS
AMENDMENT REVIEW
ORC REPORTS
(COLLIER COUNTY DCA 10 -1)
INCLUDES
LOCAL, REGIONAL
STATE AGENCY
COMMENT
CCPC MEETING
JUNE 15, 2010
,l !.,':
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
t
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Govemor
MEMORANDUM
TO: Collier County
Date: April 5, 2010
THOMAS G. PELHAM
Secretary
Subject: Proposed Comprehensive Plan Amendment Review Objections,
Recommendations and Comments Reports
Enclosed are the Departments Objection, Recommendations and Comments
Reports on the proposed amendments to the comprehensive plan(s) from the following
local government(s):
Collier County 10 -1
These reports are provided for your information and agency files. Following the
adoption of the amendments by the local governments and subsequent compliance review
to be conducted by this agency, we will forward copies of the Notices of Intent published by
each local government plan.
If you have any questions, please contact Mr. Ray Eubanks at Suncom 278 -4925 or
(850) 488 -4925.
RE/lp
Enclosure
2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100
850 - 488 -8466 (p) • 850 -921 -0781 (f) ♦ Website: www.dca.state.11.us
. COMMUNITY PLANNM 850.488 -2356 (p) 850488-3309 (f) .
• HOUSING AND COMMUNITY DEVELOPMENT 854488.7956 (p) 854922 -5623 (f)
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STATE OF FLORIDA ,
DEPARTMENT 00 COMMUNI_TY AFFAIRS
'Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Govenwr
April 2, 2010
The Honorable Donna Fiala, Chairman
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
Dear Chairman Fiala:
THOMAS G. PELHAM
Sa=tary
The Department has completed its review of the proposed Comprehensive Plan
Amendment for Collier County (DCA 10-1), which was received on January 28, 2010. Based on
Chapter 163, Florida Statutes, we have prepared the attached report, which outlines our findings
concerning the amendment. It is particularly important that the County address the objections set
forth in our review report so that these issues can be successfully resolved prior to adoption. We
have also included a copy of local, regional and state agency comments for your consideration.
Within the next 60 days, the County should act by choosing to adopt, adopt with changes or not
adopt the proposed amendment. For your assistance, our report outlines procedures for final
adoption and transmittal.
The County is proposing 6 separate amendments. The Department has identified issues
with Amendment CP- 2007 -1 (Wilson Boulevard Conditional Uses Subdistrict) regarding
transportation planning and guidelines and standards for land use; Amendment CP- 2008 -2
(Randall Boulevard Commercial Subdistrict) regarding transportation planning and the lack of
guidelines and standards for land use; Amendment CP 2008 -4 regarding environmental
suitability; and Amendment CP- 2009 -1 (Dade - Collier Cypress Recreation Area District)
regarding: (1) environmental suitability; (2) guidelines and standards for land use; (3) urban
sprawl; and (4) greenhouse gas emissions. These and all of the issues identified in the attached
report should be addressed before adoption of the plan amendments.
2555 SHUIIMARD OAK BOULEVARD 8 1 * TALLAHASSEE, A L 323991 2 00
850 - 488 -8488 (p) ( )
• COMMUNITY PLANNING 350.44&23 -%(P) dS4-'66J" In • FLORMA COMMUNITIES TRUST 850-922-22 .07 850-421 -1747 (/)
• HOUSINO ANO coMMUNITY OEYELOPI ENT 8`A48b7956 0) 350- 922 - 56 23 10 •
The Honorable Donna Fiala, Chairman
April 2, 2010
Page 2
If you, or your staff, have any questions or if we may be of further assistance as you
formulate your response to this Report, please contact Scott Rogers, Principal Planner, at (850)
922 -1758, or Brenda Winningham, Regional Planning Administrator, at (850) 487 -4545.
Sincerel
—YYn
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/sr
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Ken Heatherington, Executive Director, Southwest Florida Regional Planning
Council
Nick Casalanguida, Interim Administrator, Community Development and Environmental
Services Division
TRANSMITTAL PROCEDURES
The process for adoption of local comprehensive plan amendments is outlined in
Section 163.3184, F.S., and Rule 9.1- 11.011, Florida Administrative Code (F.A.C.).
Within ten working days of the date of adoption, the County must submit the
following to the Department:
Three copies of the adopted comprehensive plan amendment;
• copy of the adoption ordinance;
• listing of additional changes not previously reviewed;
• listing of findings by the local governing body, if any, which were not included
in the ordinance; and
A statement indicating the relationship of the additional changes to the
Department's Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to
conduct a compliance review, make a compliance determination and issue the appropriate
notice of intent.
In order to expedite the regional planning council's review of the amendment, and
pursuant to Rule 9.f- 11.011(5), F.A.C., please provide a copy of the adopted amendment
directly to Executive Director of the Southwest Florida Regional Planning Council.
Please be advised that the Florida legislature amended Section 163.3184(8xb),
F.S., requiring the Department to provide a courtesy information statement regarding the
Department's Notice of Intent to citizens who furnish their names and addresses at the
local government's plan amendment transmittal (proposed) or adoption hearings. In
order to provide this courtesy information statement, local governments are required by
the law to furnish to the Department the names and addresses of the citizens requesting
this information. This list is to be submitted at the time of transmittal of the adopted plan
amendment (a sample Information Sheet is attached for your use).
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR
COLLIER COUNTY
AMENDMENT 10-1
April 2, 2010
Division of Community Planning
Bureau of Local Planning
This report is prepared pursuant to Rule 9J -1 LOW, F.A.C.
INTRODUCTION
The following objections, recommendations and comments are based upon the
Department's review of the Collier County proposed comprehensive plan amendment,
pursuant to Section 163.3184, Florida Statutes (F.S.).
The objections relate to specific requirements of relevant portions of Chapter 9J-
5, Florida Administrative Code (F.A.C.), and Chapter 163, Part 1I, F.S. The objections
include a recommendation of approaches that might be taken to address the cited
objections. Other approaches may be more suitable in specific situations. Some of these
objections may have initially been raised by one of the other external review agencies. If
there is a difference between the Department's objection and the external agency
advisory objection or comment, the Department's objection would take precedence.
The County should address each of these objections when the amendment is
resubmitted for our compliance review. Objections that are not addressed may result in a
determination that the amendment is not in compliance. The Department may have
raised an objection regarding missing data and analysis items that the Town considers not
applicable to its amendment. If that is the case, a statement, justifying its non-
applicability, pursuant to Rule 9J- 5.002(2), F.A.C., must be submitted. The Department
will make a determination on the non - applicability of the requirement, and if the
justification is sufficient, the objection will be considered addressed.
The comments that follow the objections and recommendations are advisory in
nature. Comments will not form the basis of a determination of non - compliance. They
are included to call attention to items raised by our reviewers. The comments can be
substantive, concerning planning principles, methodology or logic, as well as editorial in
nature dealing with grammar, organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the
other state review agencies and other agencies. These comments are advisory to the
Department and may not form the basis of Departmental objections unless they appear
under the "Objections" heading in this report.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR
COLLIER COUNTY
AMENDMENT 10 -1
I. CONSISTENCY WITH CHAPTER 163 PART II F.S. AND RULE 9J -5 F.A.C.
The proposed Amendment 10 -1 consists of six amendments to the Comprehensive Plan.
A. Amendment CP-2007-1 Mbon Boulevard Conditio al Use Subdistrict): The proposed
text and Future Land Use Map (FLUM) amendment estab shes the Wilson Boulevard
Conditional Use Subdistrict on 5.17 acres located in the olden Gate Area. The Department
raises the following objections to the proposed amen ent:
1. Objection (Land Use Guidelines): The text ame ent does not establish meaningful and
predictable guidelines and standards in the Collier ounty Growth Management Plan identifying
the types of land uses (residential and nonresiden al) and maximum densities of residential uses
that are allowed in the Wilson Boulevard Condi onal Uses Subdistrict. The proposed text
amendment states that "The intent of this Su strict is to allow uses of land that are permitted
and conditional uses in the Estates Zoning Di trict in the County Land Development Code."
This proposed amendment language defers the Collier County Land Development Code the
establishment of the land uses that are all ed within the Wilson Boulevard Conditional Uses
Subdistrict; and this deferral does note lish meaningful and predictable guidelines and
standards in the Growth Management P an for the land uses that are allowed in the Subdistrict.
Further, such deferral creates a self- ending comprehensive plan whereby amendments to the
Land Development Code have the a ect of changing the land uses that are allowed in the
Subdistrict without such change ergoing the plan amendment process consistent with the
requirements of Chapter 163, P II, Florida Statutes. In addition, the proposed amendment
does not establish meaningful d predictable guidelines and standards for the density of use for
any residential use that may allowed by the proposed amendment.
Rules 9J- 5.005(5) and ; and 9J- 5.006(3)(b) and (c), Florida Administrative Code (F.A.C.);
and Section 163.3177(6)( , Florida Statutes (F.S.).
Recommendation: evise the plan policy to establish meaningful and predictable guidelines
and standards identif ng the land uses and maximum densities of use that are allowed in the
Wilson Boulevard onditional Uses Subdistrict.
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2. Obiection (Transuortation Planning): The proposed amendment not coordinate land use
planning with transportation planning. The proposed amendment c s additional vehicle trips
that would adversely impact Wilson Boulevard in the short-term p 'ng timeframe. The
proposed amendment is not supported by data and analysis demo ting the availability of
transportation facilities at the adopted level of service standards n order to serve the impacts of
the amendment and growth in background traffic. The road i rovements that are needed in
order to maintain the adopted level of service standards on lson Boulevard are not coordinated
with the Capital Improvements Element and the Future T sportation Map. The proposed
amendment is not consistent with Transportation Element bjective 5 and Policy 5.1.
Transportation Element Objective 5 requires the County o coordinate the transportation system
development process with the Future Land Use Map. portation Element Policy 5.1 requires
the County to review proposed amendments to the F Land Use Element affecting the overall
countywide density or intensity of permissible deve pment with consideration of their impact on
the overall County transportation system and that a County shall not approve any petition or
application that would directly access a deficient oadway segment or if it impacts an adjacent
roadway segment that is deficient, or which si ificantly impacts a roadway segment or adjacent
roadway segment that is currently operating or is projected to operate below an adopted level
of service standard within the five year plan ing timeframe, unless specific mitigating
stipulations are also approved.
Rules 9J- 5.005(2) and (5); 9J -5. 6(1), (2), (3)(b)I ., (3xc)7., and (4); 9J- 5.016(1), (2),
(3), and (4); 9J- 5.019(2), (3), (4), and ), F.A.C.; and Sections 163.3177(6xa), (6xb), and (6)(j);
and 163.3177((2), (3), (8), and (10), .S.
Recommendation: Revi the Capital Improvements Element and Transportation
Element to include the road im ovements that are needed to maintain the adopted level of
service standards on Wilson BAulevard. Support the amendment with data and analysis
demonstrating that Amendm t CP- 2007 -1 is coordinated and consistent with the Capital
Improvements Element and ransportation Element.
B. Amendment CP- 2008 -2 (Randall Boulevard Commercial Subdistrict): A proposed text
and FLUM amendment to the Golden Gate Area Master Plan for the following: (1) a proposed
text amendment to revise the "Randall Boulevard Commercial Subdistrict" within the Estates
Designation; and (2) a proposed amendment to the Golden Gate Area FLUM to increase the size
of the Randall Boulevard Commercial Subdistrict from 7.53 acres to 56.5 acres by changing
48.97 acres from Estates Designation to Randall Boulevard Commercial Subdistrict. The
Department raises the following objections to the proposed amendment:
3. Objection (Land Use Guidelines): The text amendment does not establish meaningful and
predictable guidelines and standards in the Collier County Growth Management Plan identifying
the types of land uses and maximum densities and intensities of the uses that are allowed in the
Randall Boulevard Commercial Subdistrict. The proposed amendment states that "Allowable
uses shall be limited to all permitted and conditional uses of the C•4, General Commercial
3
District, in the Collier County Land Development Code, Ordinance No. 04-41, as amended,
except that the following uses shall be prohibited..." This proposed amendment language
defers to the Collier County Land Development Code the establishment of the land uses that are
allowed within the Randall Boulevard Commercial Subdistrict; and this deferral does not
establish meaningful and predictable guidelines and standards in the Growth Management Plan
for the land uses that are allowed in the Subdistrict. Further, such deferral creates a self -
amending comprehensive plan whereby amendments to the Land Development Code have the
effect of changing the land uses that are allowed in the Subdistrict without such change
undergoing the plan amendment process consistent with the requirements of Chapter 163, Part II,
Florida Statutes.
Rules 9J- 5.005(5) and (6); and 9J- 5.006(3)(b) and (c), F.A.C.; and Section
163.3177(6)(a), F.S.
Recommendation: Revise the plan policy (text amendment) to establish meaningful and
predictable guidelines and standards identifying the land uses and the maximum densities and
intensities of the uses that are allowed in the Randall Boulevard Commercial Subdistrict.
4. Objection (Transportation Planning): The proposed amendment does not coordinate land use
planning with transportation planning. The proposed amendment would increase the number of
trips generated from the subject amendment parcel because of the intensification of the land use.
Based on the County staff report, the proposed amendment would generate peak hour trips that
would exceed the available capacity on Randall Boulevard (Links 132 and 133). The
amendment would generate 477 peak hour trips on Link 132, which has a remaining available
capacity of 214 trips. The amendment would generate 318 peak hour trips on Link 133, which
has a remaining available capacity of 214 trips. Randall Boulevard needs to be widened from 2
lanes to 4 lanes in order to maintain the adopted level of service standard both with and without
the impact of the amendment. The amendment is not supported by data and analysis
demonstrating that the road improvements that are needed to maintain the adopted level of
service standard on Randall Boulevard are coordinated with the Capital Improvements Element
Five -year Schedule of Capital Improvements and the Transportation Element Future
Transportation Map. The proposed amendment is not consistent with Transportation Element
Objective 5 and Policy 5.1.
Rules 9J- 5.005(2) and (5); 9J- 5.006(1), (2), (3)(b) I., (3)(c)7., and (4); 9J- 5.016(1), (2),
(3), and (4); 9J- 5.019(2), (3), (4), and (5), F.A.C.; and Sections 163.3177(6xa), (6)(b), and (6)(j);
and 163.3 177((2), (3), (8), and (10), F.S.
Recommendation: Revise the Capital Improvements Element and Transportation
Element Future Transportation Map to include the road improvements that are needed to
maintain the adopted level of service standards on Randall Boulevard. Support the amendment
with data and analysis demonstrating that Amendment CP- 2008 -2 is coordinated and consistent
with the Capital Improvements Element and Transportation Element.
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C. Amendment CP- 2008 -4 (North Belie Meade Area 28.76 acres): A proposed text and
FLUM amendment to the Future Land Use Element for the following: (1) a proposed amendment
to the FLUM and North Belle Meade Overlay FLUM to change 28.76 acres from "Rural Fringe
Mixed -Use District Sending Lands" to "Rural Fringe Mixed -Use District Neutral Lands;" and (2)
a proposed text amendment to revise the acreage description of the North Belle Meade Overlay
"Sending Areas" and "Neutral Lands" to reflect the proposed FLUM amendment. The
Department raises the following objections to the proposed amendment:
5. Objection (Environmental Suitability): The proposed amendment (FLUM and text
amendment) to the FLUM and North Belle Meade Overlay FLUM changes 28.76 acres from
"Rural Fringe Mixed -Use District Sending Lands" to "Rural Fringe Mixed -Use District Neutral
Lands." The subject 28.76 acre parcel is located on the north side of Interstate -75 in the western
portion of the North Belle Meade Overlay area. The amendment would allow encroachment of
development into an area that provides habitat for a variety of wildlife, including the Florida
Black Bear and Florida Panther. The encroachment would compromise the environmental
integrity and values of the North Belle Meade Sending Lands. These lands have the same
environmental attributes as the other North Belle Meade Sending Lands and to approve a change
from Sending Lands to Neutral Lands designation would jeopardize the preservation of this area
as a wildlife habitat.
Rules 9J- 5.005(2); 9J- 5.006(3xb )4., and (3)(c)6; 9J- 5.013(2xc)3., 5., 6., and 9., F.A.C.;
and Sections 163.3177(6xa) and (d); and 163.3177(8), F.S.
Recommendation: The Department recommends the County retain the Sending Lands
designation on the parcel.
D. Amendment CP 2009 -1 (Dade - Collier Cvnress Recreation Area District): A proposed
text and FLUM amendment to the Future Land Use Element for the following: (1) a proposed
text amendment to establish a new future land use district entitled "Dade- Collier Cypress
Recreation Area District" within the Conservation Designation and Big Cypress Area of Critical
State Concern; and (2) a proposed amendment to the FLUM to change 1,608 acres from
"Conservation Designation" to "Dade - Collier Cypress Recreation Area District" located at the
eastern edge of Collier County, south of the Dade - Collier Training and Transition Airport
runway, in the Big Cypress Area of Critical State Concern and the Big Cypress National
Preserve. The Department raises the following objections to the proposed amendment:
6. Obiection (Environmental Suitability): The 1,608 acre amendment site is not
environmentally suitable for the proposed future land uses and the amendment has not
demonstrated that the natural resources on the amendment site and proximate to the site will be
protected consistent with the requirements of Rule 9J -5, F.A.C., and the Collier County Growth
Management Plan (comprehensive plan). The subject amendment site is currently designated as
"Conservation Designation" and "Area of Critical State Concern Overlay" on the Collier County
Future Land Use Map (FLUM). The Conservation Designation primarily allows conservation
and passive recreation land uses and other limited uses. The Conservation Designation is
intended to protect certain vital natural resource areas of the County and to conserve and
maintain the natural resources of Collier County and their associated environmental, recreational,
and economic benefits. The Area of Critical State Concern (ACSC) Overlay establishes
development guidelines regarding site alteration, drainage, transportation, and structure
installation, and requires all development within the ACSC to comply with Chapter 28 -25,
F.A.C., "Boundary and Regulations for the Big Cypress Area of Critical State Concern." The
proposed amendment would allow a variety of active and passive recreational uses on the subject
site. The subject site and surrounding area contain natural resources (wetlands, floodplains,
surface waters, soils, vegetative communities, wildlife, wildlife habitat, and listed species) that
would be adversely impacted by the proposed amendment.
The 1,608 acre site is environmentally sensitive. The site is located entirely within the
Big Cypress National Preserve and the Big Cypress Area of Critical State Concern (ACSC). The
Big Cypress Area of Critical State Concern is approximately 860,000 acres and stretches across
Collier, Miami -Dade and Monroe counties. The purpose for the designation of the Big Cypress
Area of Critical State Concern was to "conserve and protect the natural, environmental and
economic resources and the scenic beauty of the Big Cypress Area, including the proposed
Federal Big Cypress National Fresh Water Reserve, the Everglades National Park, and
ecologically related wetlands, estuarine fisheries, and the fresh water aquifer, and ecologically
related areas." (Rule 28- 25.002, F.A.C.). The Big Cypress National Preserve is designated as an
Outstanding Florida Water (OFW) under Rule 62- 302.700, F.A.C., and is afforded the highest
level of protection from water quality degradation under Rule 624.242(2), F.A.C. In addition,
natural sheetflow from the proposed site flows southward to Everglades National Park and
Florida Bay, both of which are also designated as OFWs and worthy of special protection. The
amendment proposes uses that are inconsistent with the purpose for which the Big Cypress
ACSC and Big Cypress National Preserve were established and the laws adopted to ensure their
protection.
The subject amendment site contains extensive wetlands throughout the site
(approximately 93% of the 1,608 acre site is wetlands). The only areas of the site that are not
wetlands are five borrow pits and fill areas created when a runway was constructed for the Dade -
Collier Training and Transition Airport located north of the site. The soils on the site are
shallow, sensitive to disturbance and susceptible to erosion. The western third and northern half
of the site is flooded from June through January, with the remaining portion flooded June
through March. Additionally, the site is located in close proximity to the L -28 levee which is
scheduled to be removed as part of the Everglades Restoration Project. As a result, the proposed
site may eventually be even wetter than the current condition.
The proposed amendment does not establish appropriate guidelines and standards to
protect wetlands and native vegetative communities from the adverse impact of the proposed
recreational uses. The Collier County Growth Management Plan contains "Area of Critical State
Concern Overlay Section A. Ld" (Section 1. Site Alteration, standard d), which states: "No
mangrove trees or salt marsh grasses .shall be destroyed or otherwise altered. Plants specifically
protected by this regulation include: All wetland plants listed by the Florida Department of
Environmental Regulation in Chapter 17 -301, Florida Administrative Code, as amended. "
T
(amended to 62 -301 in 1990). The proposed amendment allows all development to be exempted
from compliance with the "ACSC Section 1. Site Alteration standard d" that otherwise applies
throughout the ACSC overlay area; and therefore, the amendment_ would allow development to
impact to all wetland plants on the site. _ In addition, the proposed amendment would allow
potential impacts to wetlands throughout the site from trails as a result of the following
exemption: "Development within this District, except for trails, shall be concentrated within
already disturbed area within the western portions of the site, primarily in Section 16 " These
proposed exemptions do not ensure the appropriate protection and conservation of wetlands and
wetland functions with a land use planning approach consistent with the wetland protection
requirements of Rule 9J- 5.013(3), F.A.C. The proposed amendment does not ensure that land
uses that are incompatible with the protection and conservation of wetlands and wetland
functions will be directed away from wetlands. The proposed recreational uses (except for the
passive recreation use if it does not involve the alteration of wetlands) are incompatible with the
conservation and protection of wetlands and wetland functions. In addition, the site contains 8
listed plant species. The exemption would not only weaken the intent of the comprehensive plan
to preserve and protect wetlands and natural resources but could also allow for significant
destruction of wetland plants. Thus, the proposed amendment does not further the requirement
of Rule 9J- 5.013(2)(c)3., F.A.C., to protect native vegetative communities from destruction by
development activities.
The proposed amendment is inconsistent with Rule 9J- 5.013(2)(c )6, F.A.C., which
provides for the protection of the natural functions of soils, fisheries, wildlife habitats, wetlands,
rivers, and floodplains; and the amendment is inconsistent with Rule 9J- 5.006(3)(b)1, F.A.C.,
which states that the comprehensive plan must coordinate future land uses with the appropriate
topography and soil conditions and the availability of facilities and services. The proposed
amendment land uses may potentially adversely impact the quality of surface water, and the
amendment does not protect the quality of surface waters from the uses that would be allowed by
the proposed amendment. The soils on site are shallow and sensitive to disturbance which
increases the potential for increased erosion and loss of habitat. When combined with the area's
shallow soils and sheet flow across the site, the proposed Off Highway Vehicle use would lead to
significant amounts of silt transported into surrounding natural areas and adversely affect the
quality of surface water. Off Highway Vehicles (OHVs) can weigh up to 1200 pounds and top
speeds range from 40 to 60 miles per hour. (OHVs are defined in Florida Statutes 261.03 and
261.20). The development of this site as an off highway vehicle park and public recreational
area will likely result in soil compression and facilitate the growth of exotic plant species. The
potential for damage to the soils increases during the extreme wet and dry seasons which would
limit the use of the site to only a few months a year. The construction of OHV trails will require
elevation and compression of soils and may alter the hydrologic flow regime. Additionally, the
site is located in close proximity to the L -28 levee which is scheduled to be removed as part of
the Everglades Restoration Project. As a result, the proposed site may be even wetter than the
current condition. The amendment fails to restrict activities and land uses known to adversely
affect the quality and quantity of water resources, fails to protect and conserve the natural
functions of existing soils, floodplains and wetlands and fails to direct incompatible land uses
away from wetlands (Rule 9J -5.013 (2)(c) Land 6., (3)(a) and (b), F.A.C.). The proposed
amendment does not include plan policies establishing meaningful and predictable guidelines
and standards to ensure: (1) ground disturbances will be avoided and minimized; (2) all
7
stormwater will be appropriately treated prior to leaving the site (including OHV trial system);
(3) pre - development quantity and quality of surface water flow will be maintained; (4) the
surface water management plan for the site will ensure compliance with OFW water quality
standards; and (5) containment of discharges and spills of oils, fuels, and greases commonly
associated with the operation of OHVs.
The amendment is inconsistent with the goals of the Comprehensive Everglades
Restoration Plan (CERP) Decompartmentalization and Sheetflow Project, which will reestablish
sheetflow from the West Feeder Canal across the Big Cypress Reservation of the Seminole Tribe
of Indians of Florida and into the Big Cypress National Preserve. The objective of the CERP
project is to raise the water levels and extend the hydroperiod in the Big Cypress National
Preserve, and this would further restrict the time that the site could be functional for OHV use.
The proposed amendment would conflict with the restoration of the hydroperiod in the area.
The site and surrounding area (known as the Everglades jetport lands) have a history of
unmanaged OHV use. The soil damage, ruts, and changes in hydrology can be seen in aerials of
Miami - Dade's property, especially the property north of the proposed amendment site. Miami -
Dade is not proposing to discontinue the unmanaged OHV use north of the site. The
development of the amendment site may cause an increase in trespass use of these lands which
would further increase the damage to soils and disturbance to wildlife. The site is too large to
gate or fence in order to restrict access. Users may inadvertently enter into Big Cypress National
Preserve. The compression of soils by OHVs increases the potential for the transfer of exotic
and invasive plants. The noise from OHVs may negatively affect the soundscape of surrounding
passive recreation uses and may drive endangered species from their normal habitat. (Rule 9J-
5.013 (2)(c)l., 3., 5., 6., and 9., (3)(a) and (b), F.A.C.)
The site contains a total of 13 state and federal listed animal species, including the
Primary Panther zone. US Fish and Wildlife describes the Primary Panther zone as "currently
occupied and supports known breeding population of Florida panthers. These lands are
important to the long -term viability and persistence of the panther in the wild." Telemetry
indicates that three individual cats (panthers) have been on the 1,608 acre site since 2005 and
there is a den located within three miles of the site. The site is within primary panther habitat
and the amendment would allow significant disturbance of lands with documented panther
sitings. Prey species for the panther, white tail deer and wild hogs, exist on the site. The western
portion of the site is located in Primary Bear habitat with the remaining portion of the site in
Secondary Bear habitat. The site also contains foraging areas of six wood stork rookeries. These
rookeries represent thousands of nests that are essential to the preservation and recovery of the
species. The proposed amendment allows land uses that would adversely affect wildlife habitat
and the survival of endangered wildlife; and therefore, the amendment is not consistent with the
requirement of Rule 9J- 5.013(2)(c)5, F.A.C., to restrict activities known to adversely affect the
survival of endangered wildlife. The proposed amendment is inconsistent with the Collier
County Growth Management Plan Policy 7.1.2(2)(g), which states: For projects located in
Priority I and Priority If 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 hardtivood hammocks. In turn, these areas shall be buffered from the
8
most intense land uses of the project by using low intensity land uses (e.g., parks, passive
recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall
be designed and managed using standards found in that district. The management plans shall -
identify appropriate lighting controls for these permitted uses and shall also address the
opportunity to utilize prescribed burning to maintain fire- adapted preserved vegetative
communities and provide brush for white - tailed deer. These requirements shall be consistent
with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions
of paragraph (3) of this policy.
The proposed amendment includes text language applicable to lakes/borrow pits on site
that states: "Lake edges may be improved with a shallow littoral zone where determined
appropriate. " This proposed text language does not establish meaningful and predictable
guidelines and standards to ensure that development of the site is consistent with the
requirements of Collier County Growth Management Plan "Area of Critical State Concern
Overlay Section A. 1.f' (Section 1. Site Alteration, standard f), which states: "Man -made lakes,
ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a
depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes,
shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration
or revegetation of the property and disposal of spoils or tailings shall be completed before
abandonment of the site Existing quarrying lakes are exempt from this provision, except that
whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as
amended as development or applies for a development permit as defined in Section 380.031,
Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall
apply. " The Collier County Growth Management Plan quoted above (Section A. Lt) mirrors
Rule 28- 25.006 (6), F.A.C. The development of the site as described in the proposed amendment
would fall under the definition of development as defined in Section 308.04, Florida Statutes;
and therefore, the development would be subject to the requirement to restore the littoral zone of
all the lakes/borrow pits within the amendment site. Restoration of the littoral zone may increase
the use of the lakes by wading birds which could interfere with the operation and function of the
airport facility. The TNT airport is an active runway and airport facility. Although training
operations are limited and no aircraft or fuel is stored at the facility, the runway serves as a
backup landing site for the Space Shuttle and is used by the Department of Homeland Security to
route planes that face security issues.
It will be necessary to construct wastewater facilities capable of serving both the
overnight visitors in recreational vehicles (RVs) and primitive camp sites as well as the day
visitors utilizing the recreational trails and other facilities. The applicant has indicated that the
site will be served by septic system. However, the amendment is not supported by data and
analysis demonstrating that the soils and site are environmentally suitable for an on site septic
system (or any other wastewater facilities) that would be needed to serve the potential demand
for wastewater facilities that would be generated by the proposed land use. Data regarding soils
is not available from the USDA Soil Service due to the site's isolation and un- likeliness for
development. The western third and northern half of the site is flooded from June through
January, with the remaining portion flooded June through March. The use of On -site Sewage
Treatment and Disposal systems will have the potential to adversely affect water quality and may
introduce new nutrient sources to an eco- system that is highly sensitive to very low levels of
6
nutrients. The proposed amendment fails to adequately protect and conserve natural resources;
including but not limited to: wetlands, floodplains, native vegetation and environmentally
sensitive areas and is not consistent with the requirement of Rule 9J- 5.006(3)(b)1., F.A.C., to
coordinate future land uses with the appropriate topography and soil conditions, and the
availability of facilities and services. The amendment is not supported by data and analysis
addressing the availability of water supply, on -site water wells, and water treatment facilities to
serve the potential demand for potable water that would be generated by the proposed
amendment and demonstrating that on -site wells would not have the potential to inappropriately
draw down surface water and groundwater sources and would be consistent with natural resource
restoration objectives.
The proposed amendment is inconsistent with Economic Element Policy 1.8, which
states: "Collier County will encourage the preservation of sensitive natural resources, including
beaches, wetlands, estuaries, clean air and water, historic resources, scenic vistas and other
unique natural resources." The development of this site into a recreation area which would
allow recreational vehicle camping and OHV use does not further the preservation of the natural
resources on the site.
The proposed amendment creates a district within the Conservation Designation land use
district. The proposed amendment district is inconsistent with the following guidelines regarding
the Conservation Designation as stated in the Collier County Growth Management Plan Future
Land Use Element Section IV: "The overall purpose of the Conservation Designation is to
conserve and maintain the natural resources of Collier County and their associated
environmental, and recreational and economic benefits. All native habitats possess ecological
and physical characteristics thatJust fy attempts to maintain these important natural resources.
Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular
attention because of their ecological value and their sensitivity to perturbation. It is because of
this that all proposals for development in the Conservation Designation must be subject to
rigorous review to ensure that the impacts of the development do not destroy or unacceptably
degrade the inherent functional values. " The Collier County Growth Management Plan
(comprehensive plan) goes on to list the allowable uses within the Conservation Designation
land use district. The uses do not permit motorized recreational activities. Allowing a sub-
district within the Conservation land use district which has less restrictive standards for uses is
inconsistent with the purpose of the Conservation designation and further weakens the intent of
the comprehensive plan to conserve and maintain natural resources.
Rules 9J- 5.005(2), (5), and (6); 9J- 5.006(1) and (2); 9J- 5.006(3)(b) L, and 4.; 9J-
5.006(3)(c) 1., 2., 4., 6., and 7.; 9J- 5.006(4); 9J- 5.011(1); 9J-5.013(l); 9J- 5.013(2)(b)2., 3., and
4.; 9J- 5.013(2)(c) l., 3., 5., 6., and 9.; and 9J- 5.013(3), F.A.C.; and Sections 163.3177(2), (8) and
(10); 163.3177(6xa), (c), and (d); and 163.3184, F.S.
Recommendation: The Department recognizes that a controlled, well - managed off -
highway vehicle (OHV) site in the region (Miami -Dade County and Collier County) would meet
both state and locally identified recreational needs; however, the location of OHV use areas must
be compatible with natural resource protection and conservation needs in the area, as well as the
resource protection requirements of law. The Department recommends that Collier County
10
revisit the suitability of other potential sites identified in previous feasibility studies conducted
by Miami -Dade County and Collier County.
7. Objection (Urban SRMwk, Land Use Need• Greenhouse Gas Emissions): The proposed
amendment site is an "inholding" of the Big Cypress National Preserve. The National Park
Service currently allows the use of OHVs for recreation, hunting, and access to private property
within the Preserve. There is no compelling need to introduce OHVs and RVs into this
environmentally sensitive area.
Collier County staff analysis indicates there are suitable sites available for OHV facilities
as well as existing facilities which are closer to the urbanized areas. The amendment site's
isolated location creates a significant increase in site specific traffic and extended travel times
from population centers. Miami -Dade conducted a feasibility study which indicated that the
TNT site was the most suited based on the scoring matrix development within the study.
However, Florida Department of Environmental Protection has recommended that the scoring
methodology needs to be revisited because it may have affected the predictability of the
application of the matrix. (Rule 9J- 5.005(2) FAC)
The proposed amendment designates a significant amount of urban development to occur
in a rural area at a substantial distance from existing urban areas when more suitable sites are
available for this use. Fire services, emergency response and law enforcement costs in time,
money and energy are extended because of the site's isolation. The closest Fire or EMS station is
located in Everglades City, approximately 50 miles from the site. The nearest law enforcement
is 43 miles away just outside of Ochopee. There is limited cell phone service at the site. The ANN
combination of distance, access to assistance and the high probability for injury associated with
the activity creates the need for services to be expanded to the site. Therefore, the proposed
amendment exhibits three indicators of urban sprawl, as outlined in Rule 9J- 5.006(5)(g) 2., 4.,
and 8., F.A.C.
The proposed amendment fails to comply with the requirements of House Bill 697
requiring new developments to be designed to encourage energy - efficient land use patterns and
reduce greenhouse gas emissions. The proposed 1,608 acre site is located in the middle of the
State, some thirty-five miles from the nearest urban and suburban centers. The proposed location
poses a significant distance for potential users to travel and does not promote energy - efficient
land use patterns and reduce greenhouse gas emissions. The proposed amendment is not
consistent with the requirements of House Bill 697 (as codified in Section 163.3177(6)(a) and
(b), F.S.
Rules 9J- 5.005(2) and (5); 9J- 5.006(1) and (2); 9J- 5.006(3)(b); 9J- 5.006(3)(b)8; 9J-
5.006(3)(c); 9J- 5.006(4); 9J- 5.006(5); and 9J-5.006(5)(g)2.,4., and 8., F.A.C.; and Sections
163.3177(6)(a), (b), and (d); and 163.3177(2, 3, and 8), F.S.
Recommendation: Do not adopt the amendment. The County should reconsider other
locations for the proposed uses in order to protect natural resources, discourage urban sprawl,
promote energy efficient land use patterns, and reduce greenhouse gas emissions.
11
8. Obiection (Plan Policy_ Guidelines /Standards): The proposed amendment includes the
following text language: "Site development shall restore/realign existing trails previously
created by swamp buggies that traverse the site primarily in an easthvest direction. " This
proposed text language would allow the continuation (through restoring/realigning trails) of uses
that adversely impact natural resources (wetlands, vegetation, soils, surface water, floodplains,
wildlife and wildlife habitat); and therefore, the amendment is not consistent with the
requirements of Rule 9J -5, F.A.C., and the Collier County Growth Management Plan to conserve
and protect natural resources. In addition, this proposed text language does not establish
meaningful and predictable guidelines and standards addressing: (1) defining "restoretrealign" in
order to guide the scope and extent of such action in a manner that ensures the conservation and
protection of natural resources; and (2) defining "existing trails" with regard to time.
The proposed amendment includes the following text language: "Development within
this District, except for trails, shall be concentrated within already disturbed area within the
western portions of the site, primarily in Section 16. " The proposed text language is vague as to
what constitutes "already disturbed area" and the specific location of the "already disturbed
area." Thus, this proposed text language does not establish meaningful and predictable guidelines
and standards that define the geographic extent of the area contemplated by the text language.
The proposed amendment includes text language that requires an adaptive comprehensive
management plan be provided at the time of rezoning. The proposed text language does not
establish meaningful and predictable guidelines and standards to ensure that the adaptive
comprehensive management plan shall be part of the approved rezoning or site plan conditions
for the site in order to ensure that development must be consistent with the adaptive
comprehensive management plan. The proposed amendment does not include plan policies
establishing meaningful and predictable guidelines and standards, supported by data and
analysis, addressing the following in a manner that ensures protection of natural resources: (1)
maximum trail widths; (2) total number of OHVs allowed each day; (3) maximum number of RV
campsites or lots; (4) water levels at which the trails will close and reopen; (5) methods to keep
OHVs on the trails and within the 1,608 acre site; (6) types and sizes of vehicles allowed; (7)
compliance and efforcement; (8) impact thresholds for trail usage and closures; (9) habitat
restoration; and (10) surface water management.
Rules 9J- 5.005(2), (5), and (6); 9J- 5.006(3)(b) and (c); 9J- 5.011(2)(b) and (c); 9J-
5.013(2)(b) and (c); and 9J- 5.013(3), F.A.C.; and Sections 163.3177(6)(a), (c) and (d); and
Sections 163.3177(2), (8), and (10), F.S.
Recommendation: Do not adopt the amendment. The County should consider other
locations for the proposed use and establish meaningful and predictable guidelines and standards
for land use and to ensure the protection of natural resources.
12
II.--CONSISTENCY WITH STATE COMPREHENSIVE PLAN
- Obiection: The proposed Comprehensive Plan amendments related to the objections raised
above are not consistent with and do not further the following provisions of the State
Comprehensive Plan (Chapter 187, Florida Statutes) for the reasons noted in the objections
raised above in Section I:
(a) Goal 7.a (Water Resources); Policies 7.b.1, 7.b.2, 7.6.5.7.b.8, and 7.b.10 (the
amendments related to Objections 5, 6, and 8);
(b) Goal 9.a (Natural Systems and Recreational Lands); Policies 9.b.1, 9.b.3, 9.b.4, 9.b.7, and
9.b.8 (the amendments related to Objections 5, 6, and 8);
(c) Goal 10.a (Air Quality); Policy 10.b.1 (the amendment related to Objection 7);
(d) Goal l La (Energy); Policy l l.b.I (the amendment related Objection 7;
(e) Goal 15.a (Land Use); Policies 15.b.1, 15.b.2, and 15.b.6; (the amendments
related to Objections 2, 4, 5, 6, 7, and 8);
(f) Goal 17.a (Public Facilities); Policy 17.b.7; (the amendments related to Objections 2 and 4);
(g) Goal 19.a (Transportation); Policies 19.b.3, 19.b.9, and 19.b.13; (the amendments
related to Objections 2 and 4); and
(h) Goal 25.a (Plan Implementation); Policy 25.b.7; (the amendments related to Objections 1
through 8).
Recommendation: Revise the plan amendments as recommended for the objections
raised above.
13
Florida Department of Transportation
CHARLIE CRIST 2295 Victoria Avenue, Suite 292 STEPHANIE C. KUPELOL'SOS
GOVFRNUR Fort Myers, FL 33901 SECRETARY
March 4, 2010
Mr. Ray Eubanks
Plan Review and Processing Administrator
Department of Community Affairs (DCA)
Division of Community Planning
2555 Shumard Oaks Blvd.
Tallahassee, FL 32399
RE: Collier County 10-1 Proposed Comprehensive Plan Amendments — FDOT Comments
Dear Mr. Eubanks:
The Florida Department of Transportation, District 1, has reviewed the proposed version of the Collier County
10-1 comprehensive plan amendments. The submittal consists of six amendments. This letter offers comments on
the proposed amendments.
AMENDMENT CP- 2007 -1, WILSON BOULEVARD
USES SUBDISTRICT
This amendment creates the Wilson Boulevard Conditional U Subdistrict for 5.17 acres located on the south
side of Immokalee Road (C.R. 846) and the east side of Wil n Boulevard by adding new text to Policy 1. 1.2 of
the Golden Gate Area Master Plan (a chapter in the compr hensive plan). The Golden Gate Area Future Land
Use Map is being modified accordingly. The new text lis design standards for the Subdistrict.
The proposed Subdistrict allows up to 40,000 gross feet of development. Allowed uses in the Subdistrict
are those permitted in the Estates Zoning District. adopted land use designation for the site is Residential
Estates Subdistrict, which allows single-family res' ential development at I dwelling unit per 2.25 gross acres.
The table below shows the maximum developme that can occur for the site under the adopted and proposed
future land use designations.
*Commercial development is ass med to be the most intense trip generator allowed.
NOTE: Trip generation calcul ons are based on ITE's Trip Generation, 8th Edition.
The department offers the ollowing comments on this amendment:
www.dot.state.fl.us
Ma
ITE
Size of
Develo went
Allowed
Scenario
Land Use Designation
mum
owed
Land
Daily
P.M. Peak
Den /Intensity
Use
Acres
Development
Trips
Trips
Code
Adopted
Residential Estates
/t unit/2.25 acres
210
5.17
2 units
19
2
Subdistrict
Wilson Boulevard
Proposed
Conditional Uses
40,000 sf
820•
5.17
40,000 sf
3,743
344
Subdistrict
Change in Trips
+3,724
+342
*Commercial development is ass med to be the most intense trip generator allowed.
NOTE: Trip generation calcul ons are based on ITE's Trip Generation, 8th Edition.
The department offers the ollowing comments on this amendment:
www.dot.state.fl.us
Mr. Ray Eubanks
Collier County 10 -I Proposed Comprehensive Plan Amendments — FDOT Comments
March 4, 2010
Page 2 of 5
FDOT Comment 1: -While the amendment results is potential increase in site - generated traffic, the
site is not located in close proximity to State roadw a amendment is, therefore, not likely to
significantly impact State roadways.
FDOT Comment Z: The departleveme t Revised Policy i.1.2 in the Golden Gate Area Master
Plan states that allowed land uses arre permitted and conditional units in the Estates
Zoning District in the County Land Code:" The department recommends defining allowed
land uses explicitly in the compreheause 9J- 5.005(6), F.A.C., states, "Goals, objectives,
and policies shall establish meanin table standards for the use and development of land
and provide meaningful guidelines or te conen of more detailed land development and use
regulations."
AMENDMENT CP- 2007 -3, MISSION SUBDISTRICT
This amendment creates the Mission Subdistrict for 21.72 acres located on the south side of Oil Well Road (C.R.
858) and just west of Everglades Boulevard by adding new text to Policy 1. 1.2 of the Golden Gate Area Master
Plan. The Golden Gate Area Future Land Use Map is being modified accordingly.
The proposed Subdistrict allows up to 90,000 gross square feet of development. Allowed uses in the Subdistrict
are churches, child care centers, private schools, social services centers, and medical outreach activities; soup
kitchens and homeless shelters are not allowed. Alternatively, the Subdistrict can be developed with single - family
dwellings per the Residential Estates Subdistrict, which allows 1 unit per 2.25 acres. The adopted land use
designation for the site is Residential Estates Subdistrict. The table below shows the maximum development that
can occur for the site under the adopted and proposed future land use designations.
Maximum Development Scenario Trip Generation Comparison
*A 90,000 sf church is a more intense trip generator than 9 units of single- family residential.
NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition.
The department offers the following comment on this amendment:
FDOT Comment 3. While the amendment results in a potential increase in site - generated traffic, the
potential increase is relatively small and the site is not located in close proximity to State roadways. The
amendment is, therefore, not likely to significantly impact State roadways.
AMENDMENT CP- 200 9-2, RANDALL BOULEVARD COMMERCIAL SUBDISTRICT
This amendment expands the Randall Boulevard Commercial Subdistrict located on the south side of Randall
Boulevard and just east of the Immokalee Road (C.R. 846)/Wilson Boulevard intersection by 48.97 acres to 56.5
total acres. Relevant text in the Land Use Designation Description section of the Golden Gate Area Master Plan is
being revised, and the Golden Gate Area Future Land Use Map is being modified accordingly.
The expanded Subdistrict allows an additional 370,950 gross square feet of development. Allowed uses in the
Subdistrict are those permitted in the General Commercial District (a zoning designation) except for several
specifically prohibited commercial uses. The adopted land use designation for the affected acreage is Residential
www.dut.statc.ffus
ITE
Size of
Develo went
Scenario
Land Use
Maximum Allowed
Land
Daily
P.M. Peak
Designation
Density/intensity
Us!
Acres
Development
Trips
Trips
Code
Adopted
Residential Estates
1 unit/2.25 acres
210
21.72
9 units
113
12
Subdistrict
Proposed
Mission Subdistrict
90,000 sf*
560
1 21.72
90,000 sf
820
50
Change in Trips
+707
38
*A 90,000 sf church is a more intense trip generator than 9 units of single- family residential.
NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition.
The department offers the following comment on this amendment:
FDOT Comment 3. While the amendment results in a potential increase in site - generated traffic, the
potential increase is relatively small and the site is not located in close proximity to State roadways. The
amendment is, therefore, not likely to significantly impact State roadways.
AMENDMENT CP- 200 9-2, RANDALL BOULEVARD COMMERCIAL SUBDISTRICT
This amendment expands the Randall Boulevard Commercial Subdistrict located on the south side of Randall
Boulevard and just east of the Immokalee Road (C.R. 846)/Wilson Boulevard intersection by 48.97 acres to 56.5
total acres. Relevant text in the Land Use Designation Description section of the Golden Gate Area Master Plan is
being revised, and the Golden Gate Area Future Land Use Map is being modified accordingly.
The expanded Subdistrict allows an additional 370,950 gross square feet of development. Allowed uses in the
Subdistrict are those permitted in the General Commercial District (a zoning designation) except for several
specifically prohibited commercial uses. The adopted land use designation for the affected acreage is Residential
www.dut.statc.ffus
Mr: Ray Eubanks
Collier County 10 -1 Proposed Comprehensive Plan Amendments — FDOT Comments
March 4, 2010
Page 3 of 5
Estates Subdistrict, which allows single - family residential development at 1 dwelling unit per 2.25 gross acres.
The table below shows the maximum development that can occur for the site under the adopted and proposed
future land use designations.
Maximum Development Scenario Trip Generation Comparison
*This is the added acreage stated in the executive summary. The staff report states that the increase is 390,950 sf.
NOTE: Trip generation calculations are based on 1TE's Trip Generation, 8th Edition.
The department offers the following comments on this amendment:
FDOT Comment 4. While the amendment results in a potential increase in site - generated traffic, the
site is not located in close proximity to State roadways. The amendment is therefore not likely to
significantly impact State roadways.
FDOT Comment 5. The department notes that the revised text in the Land Use Designation
Description section of the Golden Gate Area Master Plan states that allowed land uses are those "that are
permitted and conditional uses of the C -4, General Commercial District, in the Collier County Land
Development Code." The department recommends defining allowed land uses explicitly in the
comprehensive plan because 9J- 5.005(6), F.A.C., states, "Goals, objectives, and policies shall establish
meaningful and predictable standards for the use and development of land and provide meaningful
guidelines for the content of more detailed land development and use regulations."
AMENDMENT CP- 20084, RURAL FRINGE MIXED -USE DISTRICT
This amendment changes the future land use destination on 29 acres in the North Belle Meade Overlay from
Rural Fringe Mixed -Use District Sending Lands, which allows 1 dwelling unit per 40 acres and nonresidential
uses such as agriculture, passive parks, passive recreation, sports camps, oil and gas exploration, and accessory
commercial uses, to Neutral Lands, which allows I dwelling unit per 5 acres for most residential uses, 11 single -
family dwelling units per acre or 22 multi - family dwelling units per acre for up to 10 acres for farm labor housing,
and nonresidential uses such as agriculture, sports camps, golf courses, driving ranges, zoos, places of worship,
day care centers, solid waste facilities, cemeteries, natural resources extraction, and private schools. The site is
located on the north side of I -75 and two miles east of Collier Boulevard (C.R. 951). The table below shows the
maximum development that can occur for the site under the adopted and proposed future land use designations.
Maximum Development Scenario Trip Generation Comparison
Maximum
ITE
Size of
Development
Allowed
Maximum
Land
Daily
P.M. Peak
Daily
P.M. Peak
Scenario
Land Use Designation
Allowed
Use
Acres
Allowed
Trips
Trips
Density /Intensity
Code
Development
Adopted
Residential Estates
I unit/2.25 acres
210
48.97
21 units
247
26
Subdistrict
Proposed
p
Randall Boulevard
370,950 sf*
820
48.97
370,950 sf
15,922
1,531
Commercial Subdistrict
up to 10 acres
Change in Trips
+15,675
+1,505
*This is the added acreage stated in the executive summary. The staff report states that the increase is 390,950 sf.
NOTE: Trip generation calculations are based on 1TE's Trip Generation, 8th Edition.
The department offers the following comments on this amendment:
FDOT Comment 4. While the amendment results in a potential increase in site - generated traffic, the
site is not located in close proximity to State roadways. The amendment is therefore not likely to
significantly impact State roadways.
FDOT Comment 5. The department notes that the revised text in the Land Use Designation
Description section of the Golden Gate Area Master Plan states that allowed land uses are those "that are
permitted and conditional uses of the C -4, General Commercial District, in the Collier County Land
Development Code." The department recommends defining allowed land uses explicitly in the
comprehensive plan because 9J- 5.005(6), F.A.C., states, "Goals, objectives, and policies shall establish
meaningful and predictable standards for the use and development of land and provide meaningful
guidelines for the content of more detailed land development and use regulations."
AMENDMENT CP- 20084, RURAL FRINGE MIXED -USE DISTRICT
This amendment changes the future land use destination on 29 acres in the North Belle Meade Overlay from
Rural Fringe Mixed -Use District Sending Lands, which allows 1 dwelling unit per 40 acres and nonresidential
uses such as agriculture, passive parks, passive recreation, sports camps, oil and gas exploration, and accessory
commercial uses, to Neutral Lands, which allows I dwelling unit per 5 acres for most residential uses, 11 single -
family dwelling units per acre or 22 multi - family dwelling units per acre for up to 10 acres for farm labor housing,
and nonresidential uses such as agriculture, sports camps, golf courses, driving ranges, zoos, places of worship,
day care centers, solid waste facilities, cemeteries, natural resources extraction, and private schools. The site is
located on the north side of I -75 and two miles east of Collier Boulevard (C.R. 951). The table below shows the
maximum development that can occur for the site under the adopted and proposed future land use designations.
Maximum Development Scenario Trip Generation Comparison
www.dot.statc.tl.us
Maximum
ITE
Size of
Develo ment
Allowed
Scenario
Land Use Designation
Allowed
Land
Daily
P.M. Peak
Density/Intensity
Use
Acres
Development
Trips
Trips
Code
Adopted
p
Rural Fringe Mixed -Use
1 unit/40 acres'
210
29
1 unit
10
1
District Sending Lands
Proposed
Neutral Lands
22 units/acre for
220
29
220 units
1,457
139
up to 10 acres
Change in Trips
+1,447
+138
www.dot.statc.tl.us
Mr. Ray Eubanks
Collier County 10 -1 Proposed Comprehensive Plan Amendments — FDOT Comments
March 4, 2010
Page 4 of 5
NOTE: Trip generation calculations are based on ITE's Trip Generation, 8th Edition.
* Various nonresidential uses are allowed, but Trip Generation does not contain comparable land uses for all of them (e.g.,
for oil and gas extraction and sports camps). Also, the comprehensive plan does not contain intensity standards for the
nonresidential land uses.
The department offers the following comment on this amendment:
FDOT Comment 6: The department notes that the potential increase in trips may be larger than
shown in the table above because intensities for the relevant future land use designations are not stated in
the comprehensive plan and reliable trip generation data are not readily available for several of the
allowed uses. The County should provide intensity standards and land use mix percentages, as
appropriate, for these future land use designations.
FDOT Comment 7. The applicant should analyze the maximum development scenario as defined in
the comprehensive plan, with all assumptions clearly stated, rather than the proposed development plan,
unless a site - specific text amendment limits the maximum development scenario to the proposed
development plan.
FDOT Comment 8: The amendment results in a potential increase in site - generated traffic and is
located adjacent to I -75 and less than two miles from an I -75 interchange. The department's data indicate
that two segments of I -75 are not projected to not meet the adopted LOS standard in the long term. The
applicant's traffic study does not include I -75. The study should be revised to include 1 -75 and a long-
term LOS evaluation. Improvements needed to maintain adopted LOS standards should be identified and
added to the appropriate plans. Long -term improvements may consist of detailed strategies for addressing
LOS issues. These strategies can include development of parallel roadways, multimodal investments, and
implementation of concurrency alternatives. Mitigation and strategies should be coordinated with the
department and affected local governments.
AMENDMENT CP- 2008 -7, FUTURE LAND USE POLICY 4.11
This amendment creates Future Land Use Policy 4.11, which states that the County will make various horizons in
the comprehensive plan (e.g., the planning horizons associated with the Future Land Use Map and the Rural
Lands Stewardship Overlay) consistent through the Evaluation & Appraisal Report (EAR) process in 2011.
The department has no comments on this amendment.
AMENDMENT CP- 2009 -1, DADE - COLLIER CYPRESS RECREATION AREA DISTRICT
This amendment creates the Dade - Collier Cypress Recreation Area District for 1,608 acres located on the north
side of US 41 and the west side of the Miami -Dade County line in the Big Cypress National Reserve. The new
District is listed under Future Land Use Policy 1.4 and is described under the Conservation designation in the
Future Land Use Designation Description section of the Future Land Use Element. The District is intended to
enhance recreational opportunities. The Future Land Use Map is being modified accordingly. The new text lists
the required components of a management plan for the District.
Allowed uses in the District are a visitors center, parking, camping, piers and docks, trails, an archery range, off -
highway vehicles, and uses already allowed under the Conservation future land use designation. The new text lists
the following maximum intensities for the new uses:
■ 2,400 square foot visitors center (with offices)
■ 10 acres of primitive camping
■ 10 acres of recreational vehicle camping
300 acres of fishing piers and docks
45 acres of multi -use trails
www.dot.stale.il.us
Mr. Ray Eubanks
Collier County 10 -1 Proposed Comprehensive Plan Amendments — FDOT Comments
March 4, 2010
Page 5 of 5
■ 10 acres of archery range
` • 15 acres of off - highway vehicle trails
Conservation, which is the adopted land use designation for the site, allows group housing, sports and recreational
camps (with lodging), conservation uses, passive parks, agricultural uses, utilities, oil extraction and processing,
and accessory commercial uses.
The new District does not appear to allow uses that are more intense than those currently allowed under the
Conservation future land use designation, and department data indicate that US 41 in the vicinity of the site is
projected to meet the adopted LOS standard in the near and long term. Therefore, the department has no
comments on this amendment.
If you have any questions or need additional information, please contact me at (239) 4614300 or
lawrence.massey @dot.state.fl.us.
LLU171m/ko
Sincerely,
Lawrence Massey
District I Growth Management Coordinator
www.dot.state.fl.us
� 1
March 15, 2010
(Corrected)
Florida Department of (_''' � `''1I
,N l 1L.,1
Environmental Protection It•11 i;o!Ik.lhli,
Marjory Stoneman Douglas Building I (.,:• 1:: •:
3900 commonwealth Boukwd
Tallahassee. Florida 32399 -3000 itl,l
Mr. D. Ray Eubanks
Plan Review and DRI Processing Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
RE: Collier County; Comprehensive Plan Amendment 10-1
Dear Mr. Eubanks:
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (DEP or Department) has reviewed the above - referenced amendment sub-
mitted by Collier County (County) under the provisions of Chapter 163, Part II, Florida
Statutes (F.S.), and Chapters 9J -5 and 9J -11, Florida Administrative Code (F.A.C.). Our
comments address the potential impacts of the proposed land use designation and
policy changes on resources or facilities within the purview of the Department's
regulatory and proprietary responsibilities. The Department submits the following
comments and recommendations to assist your agency in developing the state's
response to the proposed amendments.
CP- 2009 -1 DARE- COLLIER CYPREss RECREATION AREA DISTRICT
DESCRimoN OF AMENDMENT AND LOCATION
The transmittal package included six (6) amendments to the County's Future Land Use
Map (FLUM) and related text changes. The Department is concerned about amendment
CP- 2009 -1, which proposes modification of the current Conservation FLUM designation
for 1,608 acres near the southeastern corner of the County, to allow an alternative land
use entitled "Dade- Collier Cypress Recreation Area District" (District). The site is part of
24,000+ acres owned by Miami -Dade County, which seeks to develop the property for
both active and passive recreational activities, including off - highway vehicle (OHV)
trails, recreational vehicle (RV) camping, primitive camping, fishing, hiking and bicycle
trails, wildlife viewing and archery.
Mr. D. Ray Eubanks
Collier 10-1
Page 2 of 7
March 15, 2010
The property lies within the Big Cypress Area of Critical State Concern and Big Cypress
National Preserve.' Designated as Outstanding Florida Waters (OFWs) under § 62-
302.700, F.A.C., the Preserve is afforded the highest level of protection from water quality
degradation under § 624.242(2), F.A.C. In addition, natural sheetflow from the
proposed site flows southward to Everglades National Park and Florida Bay, both of
which are also designated as OFWs and worthy of special protection.
SUMMARY of DEPARTMENT FINDiNCs
Based on the information and analysis set forth below, the Department has determined
that proposed amendment CP- 2009 -1 is inconsistent with the following provisions of
Chapter 9J -5, F.A.C.:
• 9J- 5.013(3)(b) - future land uses that are incompatible with the protection and
conservation of wetlands and their functions must be directed away from the
wetlands.
• 9J- 5.006(3)(b)(1) - future land uses must be coordinated with appropriate
topography and soil conditions and the availability of facilities and services; and
• 9J- 5.013(2)(c)6 - the comprehensive plan's Conservation Element must provide for
the protection of natural functions of soils, fisheries, wildlife habitats and wetlands.
SUrrAwrry of S1rE FOR OHV USE
The Department understands the importance of establishing controlled, well- designed
and effectively managed areas and facilities for the use of OHVs. Such facilities provide
the opportunity to reduce dispersed, unmanaged, and illegal OHV uses that can have
long -term impacts on sensitive conservation lands, wildlife habitats, and native flora and
fauna. Establishment of effectively managed areas for OHVs is compatible with the state's
overall recreation plan and underlying goals for multiple uses (see Ch. 261, F.S.).
Miami -Dade and Collier Counties were specifically identified as high priority areas for
developing sites for OHV use in the OffHighuway Vehicle Safety & Recreation Act Report
(2002) prepared by the Florida Department of Agriculture's Division of Forestry and
submitted to the Governor and Legislature. The Department therefore recognizes that a
controlled, well- managed OHV site in this region would meet both state and locally iden-
tified recreational needs. The location of OHV use areas must, however, be compatible
with natural resource protection and conservation needs in the area, as-well as the
resource protection requirements of law.
' FAA. ST'AT. § 380.055 (2009).
Mr. D. Ray Eubanks
Collier 10-1 -
Page 3 of 7
March 15, 2010
While the Department supports the responsible use of OHVs on designated trails, the site
proposed for the District is inappropriate. Best available data shows that approximately
93- %% of the site consists of wetland vegetative communities - mixed hardwood, dwarf
cypress, wetland scrub and freshwater marsh - and that the property is flooded most of
the year. Although some of the onsite vegetation has been disturbed for borrow pits and
buffers, the vast majority of the site consists of viable functioning wetlands.
The length of time the proposed site is flooded each year - and the depth to which the
water levels may rise - will likely increase upon implementation of the Decompartment-
alization and Sheetflow Project under the Comprehensive Everglades Restoration Plan.
The goal of the project is to raise water levels and extend the hydroperiod in the Big
Cypress National Preserve. As part of the project, the U. S. Army Corps of Engineers will
remove the L-28 levee located on the east side of the proposed site, to increase westward
sheetflow from the West Feeder Canal to the preserve. The increased water levels and
extended hydroperiod would lengthen the period of time during which the property
would be inaccessible for OHV use, RV camping and possibly primitive camping, hiking
and cycling.
The Department is especially concerned about water quality impacts that the proposed
OHV use (and development of the proposed use) would have on environmentally sensi-
tive natural resources found within and adjacent to the site. The proposed amendment
provides as follows:
Development within this District, except for trails, shall be concentrated within
already disturbed area[s] within the western portions of the site, primarily in
Section 16. All development shall comply with the Area of Critical State Concern
Overlay standards, except for Section 1. Site Alteration, standard d, which
prohibits destruction or alteration of mangrove trees, salt marsh grasses, and all
wetland plants listed by the Florida Department of Environmental Regulation in
Chapter 17- 301, Florida Administrative Code, as amended.2
The exceptions provided in the foregoing amendment language are inappropriate. It was
the Department's understanding that all development on the site would be concentrated in
already disturbed areas, including the OHV and cycling trails. In addition, exempting
development on the site from compliance with critical resource protections is unacceptable.
As previously noted, the subject property lies within the Big Cypress National Preserve
and upstream from Everglades National Park and Florida Bay, all of which have been
designated as OFWs and afforded a high level of protection from water quality impacts.
2 Ch. 17 -301 is now Ch. 62 -301, F.A. C, and the responsible agency is the Department of Environmental Protection.
Mr. D. Ray Eubanks
Collier 10-1
Page 4 of 7
March 15, 2010
The amendment application stated that wastewater services would be provided by on-
site septic systems. Because the property consists primarily of wetlands and is flooded
most of the year, the use and proper function of in- ground septic systems is problematic,
particularly in light of the heightened water quality standards applicable to the site. The
amendment package provided no data and analysis on the potential impacts that onsite
wastewater treatment and disposal systems would have on the nutrient - sensitive Ever-
glades ecosystem.
Several listed species are known to occur on the site and in adjacent areas, including the
Florida panther, American alligator, wood stork, snail kite, black bear and Big Cypress fox
squirrels. The soils are shallow, sensitive to disturbance and susceptible to erosion, and
the introduction of OHVs would likely result in further loss and fragmentation of wildlife
habitat.
The proposed amendment would allow considerable ground disturbance from the
extensive use of all- terrain vehicles, off - highway motorcycles and motocross activities.
When combined with the area's shallow soils and sheet flow across the site, these uses
would lead to significant amounts of silt transported into surrounding natural areas.
The County has not provided assurances that:
• ground disturbances will be avoided and minimized;
• all stormwater will be treated prior to leaving the site (including OHV trail
system);
• pre - development quantity and quality of surface water flow will be maintained;
and
• the surface water management plan for the site will ensure compliance with OFW
water quality standards.
The amendment has also failed to provide for containment of discharges and spills of
oils, fuels and greases commonly associated with the operation of OHVs.
Enacted in 2006, House Bill 697 requires new developments be designed to encourage
energy - efficient land use patterns. The proposed site is located in the middle of the
state, some thirty-five miles from the nearest urban and suburban centers — a significant
distance for potential users to travel. The location of the proposed site therefore fails to
comply with the requirements of the legislation.
Mr. D. Ray Eubanks
Collier 10-1
Page 5 of 7
March 15, 2010
LACK OF PREDICTABLE AND MEANINGFUL STANDARDS
The proposed policies primarily address the uses allowed in the new District. Due to
the sensitive ecosystems in and around the proposed site, the policies must also provide
predictable and meaningful standards to guide development within the District. At a
minimum, the policies should be amended to address the following issues:
• maximum number of trail miles and trail widths;
• total number of OHVs allowed each day,
• maximum number of RV campsites;
• water levels at which the trails will close and reopen;
• spill containment;
• methods to keep OHVs on -site;
• types and sizes of vehicles allowed;
• compliance and enforcement;
• impact thresholds for trail usage and closures;
• habitat restoration; and
• surface water management.
CONCLUSIONS
The Department has determined that the proposed FLUM amendment and associated
text amendments are inconsistent with Rule 9J- 5.013(3)(b), F.A.C., which states that
"[fuuture land uses which are incompatible with protection and conservation of wet-
lands and wetland functions shall be directed away from wetlands. The type, intensity
or density, extent, distribution and location of allowable uses.. . are land use factors
which shall be considered when directing incompatible uses away from wetlands."
The amendment is also inconsistent with Rule 9J 5.013(2)(c)6., F.A.C., which provides
for the protection of the natural functions of soils, fisheries, wildlife habitats, wetlands,
rivers and floodplains.
Finally, the amendment is inconsistent with Rule 9J- 5.006(3)(b)1., F.A.C., which states
that the comprehensive plan must coordinate future land uses with the appropriate
topography and soil conditions and the availability of facilities and services.
Mr. D. Ray Eubanks
Collier 10-1
Page 6 of 7
March 15, 2010
The proposed 1,608 -acre site is environmentally unsuitable for the proposed use. The
County should reexamine the features of other potential sites and select one that is
located nearer to coastal population centers and has fewer environmental impacts.
RECOMMENDATION
Miami -Dade County's 2007 Off - Highway Vehicle Trails Feasibility Study and Collier
County's 2009 Off Highway Vehicle Feasibility Study examined many potential OHV
trail sites throughout South Florida, with the proposed District being one of the higher
ranked locations. The Department urges the County to revisit the suitability of other
sites identified in the feasibility studies, particularly the following:
• Opa -Locka West Airport (Countyline Road at U.S. Hwy. 27): a 416 -acre property
owned by Miami -Dade County and the site of a decommissioned airport. This
property scored higher than the proposed District site in the Miami -Dade feasi-
bility study.
• Florida Rock & Sand Holdings: several parcels totaling approximately 1,000
acres, currently in agricultural production.
• SW 232nd Street and SW 217th Avenue: a 640 -acre site also in agricultural
production.
• Lake Trafford: a 420 -acre site on which spoil from the lake is currently being
placed to allow development of the property as an OHV park.
• Hendry County, SR 82 and Church Road: a 640 -acre site currently in agricultural
production.
• Oil Well Road: a 654 -acre site currently in agricultural production.
• C-43 Reservoir: a large - acreage site currently under agriculture production, but
destined to become a water storage area. Construction on the reservoir project is
not anticipated for many years. The South Florida Water Management District
(landowner) has indicated its willingness to lease lands on the C -43 site for OHV
activities, and the U.S. Fish and Wildlife Service has approved a temporary land
use change for 200 acres of the site. Additional acreage for OHV use would
require approval by the service.
The Department recommends that Miami -Dade County re- examine the "Environmental
Consideration' scores given to the potential OHV sites listed in its feasibility study. For
example, although the natural resources on some properties have been highly impacted
Mr. D. Ray Eubanks
Collier 10-1
Page 7 of 7
March 15, 2010
(e.g., the Florida Rock and Sand Holdings site and Lake Belt Rocking Mining Area), the
properties were given low scores indicating significant wetlands and /or presence of
endangered species. Other lands which should have been given a low score indicating
substantial resource sensitivity (such as the proposed site) were given a high score
similar to that given to heavily impacted or potentially contaminated sites, such as the
former South Dade Landfill. Furthermore, many of the identified sites are located in
closer proximity to the majority of registered OHV users in South Florida, but the
matrix contained no measure for that positive feature.
The underlying problem with scoring for "Environmental Consideration' may have
been structural: the description of scores for the other categories generally went from
low value (1) to high value (5). For the Environmental Consideration category, how-
ever, scoring was not on an increasingly positive scale. For example, the proposed site
could have been scored a "1" for significant wetlands and endangered species or a "4"
for a disturbed site with environmental features needing consideration. The lack of
predictability in the application of matrix criteria introduced a potentially significant
variation in final scoring, since the Environmental Consideration category was given
double weight.
The Department appreciates the opportunity to provide comments on the proposed
amendments. Should you have any questions or require additional information, please do
not hesitate to contact Mr. Chris Stahl at (850) 245 -2169 or Chris.Stah1@dep.state.fl.us.
Yours sincerely,
ik =���� • �a�rr�c.�
Sally B. Mann, Director
Office of Intergovernmental Programs
SBM /cjs
C-
March L-1 ► ► ►
10, 2010
Ray Eubanks, Administrator
Plan Review and DRI Processing
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
Dear Mr. Eubanks:
Subject: Collier County DCA #10 -1
Comments on Proposed Comprehensive Plan Amendment Package
The South Florida Water Management District (District) has completed its review of the
proposed amendments from Collier County (County). The package consists of six
proposed amendments to the Collier County Growth Management Plan (GMP). The
District's comments focus on amendment CP- 2009 -1, which proposes to create the
Dade - Collier Cypress Recreation Area District on a 1,608 -acre portion of the
Everglades Jetport site within the Big Cypress National Preserve. The site also is
located in the Big Cypress Area of Critical State Concern. The proposed amendment
would establish trails for off - highway vehicles and specifically allow extensive use of all -
terrain vehicles (ATVs), including off - highway motorcycles and motocross activities on
approximately 15 miles of trails in sensitive wetlands of national significance.
The District acknowledges the need for land for off - highway vehicle activities, including
the use of ATVs. In selecting sites for this use, it is important to locate their use
consistent with the protection of important natural resources.
The District recommends that the Department of Community Affairs (DCA)
incorporate the following comments Into the Objections, Recommendations, and
Comments (ORC) report to the County for amendment CP 2009 -1, These
concerns would need to be addressed prior to adoption.
Ecosystem Restoration
• The proposed Dade - Collier Cypress Recreation Area District is potentially
inconsistent with the goals of the Comprehensive Everglades Restoration Plan
(CERP). The purpose of the CERP Decompartmentaliization and Sheetflow Project
is to reestablish sheetflow from the West Feeder Canal across the Big Cypress
Reservation of the Seminole Tribe of Indians of Florida and into the Big Cypress
National Preserve. As presented in the attached map (Attachment A), the L -28
levee is in close proximity to the site. The objective of the project is to raise the
water levels and extend the hydroperiod in the Big Cypress National Preserve. As
noted in the proposed amendment, the site currently would be unusable several
months out of the year due to wet season conditions. Implementation of the 1 -28
3301 Gun Club Road, West Palm Beach Florida 33406 • (561) 6868800 • FL WAT51 -M432 -2045
Mailing Address P.O. Box 24680, West Palm Beach, FL 334164680 • www.sfwmd.gov
Mr. Ray Eubanks, Administrator
March 10, 2010
Page 2
feature of the Decompartmentalization and Sheetflow Project would further restrict
the time the site could be functional for _ ATV and off - highway motorcycle use.
Additionally, creation of the Dade- Colker Cypress Recreational Area District prior to
completion of this project could potentially conflict with Everglades restoration efforts
to restore the hydroperiod in the area.
Natural Systems
• The proposed off - highway vehicle and ATV use appears to be inconsistent with the
primary purpose of the Big Cypress Area of Critical State Concern designation: 'to
conserve and protect the natural, environmental and economic resources and the
scenic beauty of the Big Cypress Area, including the proposed Federal Big Cypress
National Fresh Water Reserve, the Everglades National Park, and ecologically
related wetlands, estuarine fisheries, and the fresh water aquifer, and ecologically
related areas...'
• The proposed uses potentially will impact approximately 1,600 acres of
environmentally sensitive lands, including wetlands, on the proposed site and
surrounding areas within the Big Cypress National Preserve. The proposed uses
are likely to have primary and secondary impacts to these environmentally sensitive
areas. These impacts will need to be addressed during permitting.
Extensive off - highway vehicle and ATV use may impact endangered and other listed
species on the property and surrounding area. The site is located in primary Florida
panther habitat and primary and secondary black bear habitat. Fencing, noise
pollution, and increased human activities can directly impact such species. The site
is also habitat for many other listed species. The direct and indirect impacts to listed
species and. their habitats, onsite and offsite, need to be thoroughly analyzed and
minimized, if not eliminated. The U.S. Fish and Wildlife Service and the Florida Fish
and Wildlife Conservation Commission will need to approve any plans.
• The overall management of the proposed site has not been sufficiently
addressed. Assurances of resource protection need to be incorporated into the
amendment. The following areas should be included in the analysis: adaptive
management. endangered species protection, removal and reduction of invasive
species, site restoration, resource management, and planned enforcement
measures.
Water Quality
• The use of on -site sewage disposal systems (septic with drainfields or package
plant) have the potential to affect water quality and introduce a new source of
nutrient loading to this site and the surrounding area. The Everglades are an
oligotrophic system, highly sensitive to very low levels of increased nutrient loading.
The impact to the Everglades environment by on -site wastewater systems and
active recreational use of the site has not been adequately analyzed.
Mr. Ray Eubanks, Administrator
iMarch 10, 2010
Page 3
Water Supply
• The ability to use on -site wells and water treatment facilities has not been analyzed.
The applicant would have to demonstrate during consumptive use permitting that on-
site wells would not have the potential to draw down surface water and groundwater
sources and are consistent with restoration objectives.
We look forward to continuing to collaborate with the County and DCA to protect the
water resources of the region. For assistance or additional information, please contact,
Rod Braun, Director, Intergovernmental Policy and Planning Division at (561) 682 -2925
or rbraunftsfwmd.gov.
Sincerely,
�M - �X
Kim Shugar
Department Director, Intergovernmental Programs
South Florida Water Management District
c: Rod Braun, SFWMD
Nick Casalanguida, Collier County
Ken Heatherington, ACIP, Southwest Florida Regional Planning Council
Rebecca Jetton, DCA
James A. McCall, Miami -Dade County
Mary Ann Poole, FWC
Jim Quinn, DEP
Pedro Ramos, Superintendent, Big Cypress National Preserve
Brenda Winningham, DCA
A►ffnehmant A
r�
Florida Fish
and Wildlife
Conservation
Commission
Commissioners
Rodney Barreto
Chairman
Miami
Richard A Corbett
Vice Chairman
Tampa
Kathy Baum
Jacksonville
Ronald M. Bergeron
Fort Lauderdale
Dwight Stephenson
Delray Beach
Kenneth W. Wright
Winter Park
Brian S. Yabionskl
Tallahassee
Executive Staff
Ick ecuti Director
Greg Holder
Assistant Executive Director
Karen Ventimiglia
Deputy Chief of Staff
Office of the
Executive Director
Nick Whey
Executive Director
(850) 487 -3796
(850) 921 -5786 FAX
Managing fish and wildlife
resources for their long -term
well -being and the benefit
of people.
620 South Meridian Street
32399 -1600
Voice: (850) 488.4676
Hearing/speech impaired:
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MyFWC.com
March 24, 2010
Ray Eubanks, Administrator
Plan Review and Processing
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
RE: Collier County Comprehensive Plan Amendment Submittal (DCA 10 -1)
Dear Mr. Eubanks:
The Florida Fish and Wildlife Conservation Commission (FWC), Division of Habitat and Species
Conservation's Habitat Conservation Scientific Services Section, has coordinated our agency's
review of the Collier County 10 -1 comprehensive plan transmittal package and is submitting
comments and recommendations in accordance with Chapter 163, Florida Statutes, and Chapter
9J -5, Florida Administrative Code. Our comments focus on one of the proposed changes, CP-
2009 -1.
Proposed Action: CP- 2009 -1
This amendment requests a change to the Future Land Use Element (FLUE) and Future Land Use
Map (FLUM) and Map Series to create the 1,608 -acre Dade - Collier Cypress Recreation District
within the area currently designated as Conservation in the FLUM. The amendment would allow
the development of a wilderness park consisting of a visitors' center (up to 2,400 square feet),
parking for up to 80 vehicles and trailers, up to 10 acres of recreational vehicle camping, up to 10
acres of primitive camping, an archery range up to 10 acres in size, up to 300 acres of fishing
piers and docks, up to 15 miles of trails for off - highway vehicles (OHVs), and up to 10 miles of
multi -use trails (for pedestrians, bicycles, wildlife viewing platforms, and overlooks).
This amendment would also institute provisions that are intended to address limitations to the
types of vehicles that would be allowed (e.g., no tracked vehicles, tire chains, or swamp buggies);
a vehicle inspection and registration program; trails that are designated, monitored, and enforced,
with an unidentified cap on the allowable number at any one time; specifications for operations
and closures; monitoring impacts to listed species; and restoration of previously impacted areas
no longer available for vehicle use. The proposal itself provides no guidelines for the siting of the
facilities.
Area and Resource Description
The subject property consists of a 1,608 -acre portion of the Big Cypress National Preserve owned
by Miami -Dade County and known as the Everglades Jetport; the site itself lies almost
immediately south of the runway and related facilities. The proposed site contains five borrow
pits, and is bordered on the north side by a small canal. It is also currently used by off -road
vehicles (swamp buggies) primarily to access the area for hunting. Overall, the site is
characterized mainly by freshwater marsh, cypress swamp, hardwood swamp, and wet prairie
vegetation communities typical of this portion of Big Cypress National Preserve. It is also within
the Corn Dance Unit of the Big Cypress Wildlife Management Area.
According to a GIS review of the subject site, there are 17 listed wildlife species either
documented to occur or potentially occurring in the area. The Florida panther (federally and
cay Eubanks
Page 2
March 24, 2010
state - listed as endangered) has been documented on site, and it is also located in both primary and
secondary range for the Big Cypress black bear subpopuiation; the Florida black bear is state -
listed as threatened in this area.° ""
Comments
We continue to support responsible, controlled use of motorized vehicles and non- motorized
access for hunting and other nature -based recreation in the Big Cypress National Preserve as we
have in the past for this area. The proposed provisions for careful planning, monitoring, and
enforcement are in line with recommendations that we have made for other parts of the Big
Cypress National Preserve, and we would very much welcome the opportunity to work with
Collier and Miami -Dade counties to craft these plans to ensure that recreational uses are
implemented in a way that is compatible with the area's rich natural resources. In addition to a
monitoring plan for potential impacts to listed species, we recommend that the amendment
provide guidance for the appropriate actions to be taken if negative impacts are identified through
this monitoring program.
This amendment proposes a number of supporting and ancillary facilities, such as the visitors'
center, parking lot for 80 vehicles and their associated trailers, recreational vehicle camping,
primitive camping, fishing, and an archery range. While the FWC has always been an advocate
for access to a variety of nature -based recreational opportunities, this amendment does not
indicate how the construction would be done in a way that would be compatible with the listed
species that either have been documented on or potentially use the project site.
We appreciate the opportunity to provide input on this proposed amendment, and will be happy to
work with you and the staff of Collier and Miami -Dade counties to ensure that recreational use of
this site will be compatible with the region's fish and wildlife resources. If you have any
questions, please feel free to contact either me at 561 - 625 -5122 or Mary Ann Poole at 850 -410-
5272.
Sincerely,
Chuck Collins
Director, South Regional Office
cc/map
CoffierCounty_2642 032410
ENV 2 -3 -32
cc: Nick Casalanguida, Collier County
James McCall, Miami -Dade County
Brenda Winningham, DCA, Tallahassee
Kim Sugar, SFWMD, West Palm Beach
Sally Mann, DEP, Tallahassee (sally.mann(a?dep.state.fi.us)
Ken Heatherington, SWFRPC, Ft. Myers
ws
FLORIDA DEPARTMENT OF STATE
Kurt S. Browning
Secretary of State
DPASION OF HISTORICAL RESOURCES
February 10, 2010
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Re: Historic Preservation Review of the Collier County 10 -1 Comprehensive Plan
Amendment
Dear Mr. Eubanks:
According to this agency's responsibilities under Section 163, Florida statutes, and Chapter 9J-
5, Florida Administrative Code, we reviewed the above document to determine if data regarding
historic resources were given sufficient consideration in the request to amend the Collier
County Comprehensive Plan.
We reviewed six proposed amendments to the Collier County Comprehensive Plan, consisting
of both map and text changes, to consider the potential effects of these actions on historic
resources. None of the amendment areas have recorded historic resources nor are within the
archaeological high probability zones. Thus, while our cursory review suggests that the
proposed changes may have no adverse effects on historic resources, it is the county's
responsibility to ensure that the proposed revision will not have an adverse effect on significant
archaeological or historic resources.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp
of the Division's Compliance Review staff at 850.245.6333.
Sincerely,
Laura A. Kammerer, Historic Preservationist Supervisor
Compliance Review Section
Bureau of Historic Preservation
xc: Ms. Brenda Winningham
500 S. Bronough Street . Tallahassee, FL 32399 -0250 a http: //Www.fiheritage.com
D Director's Office O Archaeological Research i( Historic Preservation
850.245.6300 - FAX: 245.6436 850.245.6444 - FAX: 245.6452 850245.6333 - FA)C 245.6437
March 17, 2010
Mr. D. Ray Eubanks
Plan Review and DRl Processing T earn
Florida Department of Community Affat �'- • - z01�
2555 Shumard Oak Boulevard f•'4
Tallahassee, Florida 32399 -2100
RE: Collier County; Comprehensive Plan Amendment 10 -1 (CP- -1) - Dade -
Collier Training and Transition Airport Property in the Everglades and Big Cypress Area
of Critical State Concern
Dear Mr. Eubanks:
1000 Friends of Florida is concerned about amendment CP- 2009 -1, which proposes
modification of the current Conservation FLUM designation for 1,608 acres near the
southeastern comer of the County, to allow an alternative land use entitled "Dade - Collier
Cypress Recreation Area District' (District). The site is known as the Miami -Dade
County Jetport, or the Dade - Collier Training and Transition Airport (TNT-), consisting of
23,840 acres of Everglades and Big Cypress Swamp lands. Approximately 1,000 acres of
this total is the existing airport strip which represents the uncompleted remnants of the
failed attempt to build a major airport facility in the Everglades/Big Cypress Swamp
during the late 1960s and early 1970s. The project was stopped and recognized as
environmentally unsuitable for the location.
"The property lies within the Big C }press Area of Critical State Concern and Big
Cypress National Preserve.I Designated as Outstanding Florida Waters (OFWs)
under § 62- 302.700, F.A.C., the Preserve is afforded the highest level of
protection from water quality degradation under § 62- 4.242(2), F.A.C. In addition,
natural sheet flow from the proposed site flows southward to Everglades National
1000 Friends of Florida • P.O.Bce 5948 • Tallahassee. FL 32314 = =8 • :-:-e851]-2--25277 • fax 850- 222.1117 • www.1000friendsof0crida.org
Board of Directors • Victoria Tsch:;^<el, Chairman, T-m Jac<scn. Vica = '_,cri --?rt. S__•airy, Allison Defoor, Treasurer 11
LesterAt-berger, K.thy Castor, Robert S. Davis. Jcel Embry, M:�= Sarretsc- `. +i�;s -. --a. C_- = Kiser, J:— C Nicholas, Steve Pfeiffer. Sibille Hart Prtchard, C. Allen Watts.
Paul Zwick, Nathaniel P Peed, Chairman Emeritus, John M. DaGrc-,e, Prey : - ^r E-: -
r.
Park and Florida Bay, both of which are also designated as OFWs and worthy of ,
special protection.....
Several listed species are known to occur on the site and in adjacent areas,
including the Florida panther, American alligator, wood stork, snail kite, black
bear and Big Cypress fox squirrels. The soils are shallow, sensitive to disturbance
and susceptible to erosion, and the introduction of OHVs would likely result in
further loss and fragmentation of wildlife habitat." (from DEP site assessment in
March 15, 2010 Letter to DCA)
The site owned by Miami -Dade County, which seeks to develop the property for both
active and passive recreational activities, including off - highway vehicle (OHV) trails,
recreational vehicle (RV) camping, primitive camping, fishing, hiking and bicycle trails,
wildlife viewing and archery. The proposed land use amendment from its current
Conservation category is required to allow the more intensive regular use of OHVs. 1000
Friends supports the use of the area for passive recreational activities, including trails,
primitive camping, fishing, hiking and bicycle trails, wildlife viewing and archery which
likely can be accommodated under the existing Conservation designation. We believe the
area is not suitable to being designated for the intensive regular use of OFIVs for the
following reasons:
• The proposed amendment would allow considerable ground disturbance from the
extensive use of all - terrain vehicles, off - highway motorcycles and motocross
activities. When combined with the area's shallow soils and sheet flow across the
site, these uses would lead to significant amounts of silt transported into
surrounding natural areas." (from DEP site assessment in March 15'' Letter to
DCA).
• Use of OHV by many individuals overtime on the site will likely by the nature of
the activity result in accidental discharges and spills of oils, fuels and greases
commonly associated with the operation of OHVs.
• Several of the listed species known to occur on the site and in adjacent areas,
including the Florida panther, American alligator, wood stork, snail kite, black
bear and Big Cypress fox squirrels would be negatively impacted by the regular
and extensive use of OHV in the area. The proposed amendment would
encourage greater disturbance and corresponding incremental site disruption of an
area that is already subject to multi - billion dollar mitigation and restoration
actions with the collective aims of wildlife and habitat conservation and water
quantity and quality management striving toward more natural conditions.
• The development of an OHV amusement area in this location is a significant
distance from Miami/Ft. Lauderdale and Naples. The OHV community of
recreational users would be better served by establishing supportive land use
Recreation Area Districts closer to the existing developed areas. This would
reduce the driving distance and time and faster more efficient land use (e.g.,
developed versus undeveloped, conservation versus active, site disturbing
recreation).
2
In 2008, Miami Dade Aviation Department (MDAD) hired a consultant to identify
revenue - generating opportunities at the airport and provide an assessment of the value
of such opportunities. Among the potential uses and revenue sources identified by the
consultant that we think are presently available to the site without a change in land
use:
Market value of conservation lands: Outright sale of the surface lands which
could be expected to provide a one -time revenue gain of $22.8 million based
on $1,000 per acre;
• Mitigation: For the purpose of the restoration and enhancement of surface
lands, the County or third parties could use these restoration projects to
mitigate environmental impacts at internal or offsite projects;
• Recreational uses: Among such recreational activities and facilities are, back
country trails, campground, camping facilities, and non -boat freshwater
fishing; and even,
Oil and gas exploration.
In summary 1000 Friends does not support the proposed land use change and
recommends that the area be kept under a Conservation designation and that uses
be limited to passive recreation and mitigative restoration and enhancement actions
that over time work to reduce the impacts of the ill -sited airport and enhance the
larger area's wildlife habitat values.
Sincerely,
Charles G. Pattison FAICP
President, 1000 Friends of Florida
Cc: Bob Dennis, DCA
Mike McDaniel, DCA
Sally B. Mann, DEP
Jim Jackson, SFWMD
Pedro Ramos, Big Cypress National Preserve
Mary Ann Poole, FWC
Nick Casalanguida, Collier County
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miamidade.gov
March 26, 2010
Barbara Powell
Plan Review and Processing
Florida Department of Community Affairs.
2555 Shumard Oak Blvd
Tallahassee. FL 32399 -2`100
RE: Collier County Plan Amendments 10-1
Petition CP- 2009.01
Dear Ms, Powell:
Pursuant to Rule 9J- 11.006, Collier County transmitted a 2009 Petition (CP -2009-
01) to amend their Growth Management Plan to your Department for review.
Part of the review involved soliciting comments from a variety of regulatory
agencies to comply with provisions of Chapter 163.3184, F. S.
As the Petition Applicant, Miami -Dads County has received and reviewed copies
of submittals by the various review agencies. We are concerned that certain staff
comments may not fully address or Include material representations made within
our Application. As part of your final Objections, Recommendations and
Comments (ORC) Report; we respectfully ask that you include the following
concerns in your deliberations.
1. Southwest Florida Regional Planning Council
• Page. 7, Paragraph 5 suggests that the subject site is within the
819 Cypress, National Preserve (BCNP). Since the property was
acquired by Miaml -Dade County in 1969, prior to the
establishment of BCNP. It cannot be within its prescribed
boundaries. in fact, BCNP does not even list the property as an
addition warranting acquisition. And while we do not contest that
for State purposes it is within an Area of Critical State Concern,
the property Is to be managed 'for Aviation purposes and not
Conservation purposes.
• Page S, Paragraph 6 accurately describes the general project and
its intent to become a regional wilderness park for Southeast and
Southwest Florida's metropolitan population centers, Yet it does
not fully describe how all such improvements on the property are
already legally permissible under the present land use, except for
motorized recreation. And while there is already permissible
motorized transportation on the property to support hunting,
fishing, camping and hiking pursuits, the present land use does
not explicitly allow simply motorized recreational troll use.
• Page 9, Paragraphs 3-5 do not fully include all of the
intergovernmental coordination and communication that has
already taken placq between Collier r ounty, BCNP, Everglades
National Paris, ,Sti, D; end< A9.4Ex; Thq, projelob (rqm, Tception
Barbara Powell
Petition CP- 2009 -01 _ -- _ - -_- -
Page 2
was designed as a regional asset for both Counties and was
purposely to draw from a large area. This is In deference to the
existing condition requbing residents to drive over 350 miles one
way to the nearest public authorized OHV locations besides
BCNP, at Ocala National Forest and Croom Motorcycle Area.
Additionally, since Miaml -Dade County sits on the South Florida
Ecosystem Restoration Task Force, we fully understand the CERP
projects affecting our area. We have already taken Into account
any future, unfunded and sill not authorized impacts of the L-28
Canal modification and have acknowledged that hydrological
considerations will govern certain recreational uses of the
property. But even In higher water periods, we continue to provide
`swamp tromps', fishing, bird watching and environmental
education programs on the property. These are much the some
restrictions and programming as takes place within BCNP on the
adjacent property.
Page 10, Paragraph 1 states that to be consistent with the SRPP
that no OHV use should be permitted. In part, we agree that the
impact of OHV use should be minimized. The Application seeks to
Improve the existing condition of over 45 miles of oversized trails
and rutting created by swamp buggies and 4 -wheel drive vehicles,
by replacing them with a1- terrain vehicles (ATVs) and off - highway
motorcycles (OHMs). A reduced OHV footprint will resuft, with
significantly less mileage and a thinner footprint of trails that are
much less Intrusive.
Page 16, Paragraph 6 suggests thaf this project will reduce
conservation lands and significantly impact U.S. Highway 41.
Both of these comments are flawed. First, the present use of the
property Is Aviation. Only after this land use Is changed will the
County manage the property as park and recreation conservation
lands. And second, Collier County transportation planning staff
has confirmed, pursuant the Traffic Impact Analysis, that the
proposed use of the property will not have an effect on capacity or
level of use measures of U.S. Highway 41.
Page 18, Paragraph 2 states that the proposed amendment may
have negative impacts on the existing TNT airport. Miami -Dade
County Park and Recreation and Aviation Department staff have
met multiple times to discuss the Application project, and no
concerns about adverse aviation impacts were communicated.
Page 21, Paragraph 6 suggests that recreational facility
Improvements will impact natural resource areas and possibly
affect wildlife. The Application proposes to utilize already
impacted areas, many of which use already paved fill pads. And
the Florida Fish and Wildlife Conservation Commission (see
FFWCC review comments) confirm that properly located and
programmed facilities will not impact native wildlife.
Barbara Powell
Petition CP- 2009 -01
Page 3
2. South Florida Water Management District
• Ecosystem Restoration. Staff comments suggest that the project
is potentially inconsistent with CERP. We disagree. The property
will be managed and governed by hydroperiods where certain
recreational uses will not be permitted during high or low water,
but other uses could remain available If they were not encumbered
by water level constraints.
• Natural System& Staff comments suggest that OW use is
Inconsistent with ACSC designation. wildlife issues and overall
management. Since the Land Use Application does not require or
benefit from site plan or management specifrcx, these are left for
later zoning requirements. It is the Intent of Miami -Dade County to
prepare an Adaptive Management Plan, Inclusive of environmental
assessment, site plan and management practices before initiating
development of the property.
• Water Quality. Staff comments raise Important Issues regarding
water quality. It is the County's intent to address on -site waste
water and water supply during the zoning and permitting phase of
the project.
3. Florida Department of Environmental Protection
• Suitability of Site for OW Use. We agree with staff and applaud
the DEP for recognizing that the State has a prevailing interest in
locating suitable sites in south Florida for OW use. But their
belief that this site is Inappropriate given intact resources and
hydroperiods conflicts may be misguided. The Application has
proposed to reduce the number of existing trails and site
remaining trails In areas that do not compromise resource values.
Furthermore, the Department contends it Is better to manage and
supervise correctly located trails for area riders than to continue to
allow them to degrade the entire site. Since the Department has
already included hydropertods management as a programming
constraint, it seems premature of FDEP to suggest that an
unfunded and unapproved CERP project will make the site
unusable and unsuitable for recreational use. Even assuming a
completed L -28 Canal CERP project, the Application site is over 2
miles to the west, and water level differences from existing
conditions may be negligible at most.
• Page 3, Paragraph 4 states that the Applicant requested an
exception to ACSCO standards. This Is simply untrue. Collier
County staff pre - determined that improvements proposed in the
project would impact less than the 10% of the site, and not affect
saltwater environments,
• Page 4, Paragraph 1 raises a concern about waste water services.
While the Application may have suggested that a septic system
may be utilized, it may be premature to identify any one system as
Barbara Powell
Petition CP- 2009 -01
Page 4
• meeting State and Local requires for that site. We remain open to
selecting the best system for that site.
• Page 4, Paragraph 3 lists other FDEP comments on Items that
commonly are provided for in the Adaptive Management Plan.
Notwithstanding this concern, many of these comments can be
addressed either through requests for additional Information or
through conditions on the approval of the Petition.
• Page 4, Paragraph 5 speaks about HB 697 and its distance from
urban and suburban areas. This OW site is located similar to
other OW areas throughout the state. They are often distant from
population centers because it remains difficult to find a sufficiently
large tract of land that Is not constrained by limiting agents.
• Page 6, Paragraph 2 deals with alternative sites. Both Counties
went through an exhausting search for alternatives site suitable for
wilderness recreation and OWs. Both ultimately passed
Resolutions in support of the subject site, since other sites were
not for sale, too expensive to purchase or tainted by hazardous
conditions. Furthermore, both Counties recognize that the
complex demands of OW use require more than one location.
The Petition for the subject site is one of many solutions
necessary to offset public demand.
Miami -Dade County appreciates the time and effort put In by your staff on this
Petition. I hope the comments above can be Included In your ORC Report, or at
least our letter can be Included in your response to Collier County OMP staff, so 4
that we may be guided in any modifications toward getting this Petition approved.
Should you have questions or require further information. please call Andy
McCall at 305 - 755 -7993 or myself at 305- 755.7801.
PrX4
Kevin Asher, AICP
Special Projects Supervisor
Mike McDanIM /DCA/FLEOC
0211512010 04:07 PM
Mike McDaniel, Chief
Office of Comprehensive Planning
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Ph: 850 -922 -1806
Fax: 850488 -3309
mike.mcdaniel @dca.state.fl.us
To Brenda Wlnningham /DCA/FLEOC@fleoc, Scott
RogemMCA/FLEOC@fleoc
cc
bcc
Subject Fw: FWF on ColUer CPA 20084 Changing North Belle
Meade Sending land to Neutral land
We are committed to maintaining the highest level of service and we value your feedback. Please
complete our Customer Service Survey by visiting httpJ/www.dca. state .fl.us /CustomerServtceSurvey /.
However, if you require direct assistance or a response, please visit http://www.dca.state.fl-us/contactus/.
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Florida has a broad public records law and all correspondence, including email addresses, may be subject
to disclosure.
---- Forwarded by Mike McDaniel /DCA/FLEOC on 02/15/2010 04:04 PM ---
Tom Pelham /DCA/FLEOC
02/15/2010 04:06 PM
Fyi
Sent from my Verizon Wireless BlackBer y
To "Charles GauttiW < Chades .Gauthier@dca.state.fl.us>, "Mr.
Mike McDaniel" <Mike.McDanlel @dca.state.fl.us>
cc
Subject Fw: FWF on Collier CPA 2008.4 Changing North Belle
Meade Sending land to Neutral land
From: "Nancy Payton" [noncypayton@fwfonline.org]
Sent: 02/15/2010 03:30 PM EST
To: Tom Pelham
Cc: Charles Gauthier; Shaw Stiller, Mike McDaniel; Brenda Winningham; Lynette Nonr, "MaryAnn Poole"
<MaryAnn.Poole @MyF WC.com >; "Jim Quinn" <jim.quinn@dep.state.fl.us>; "John Outland"
<1ohn. Outland @dep.state.fl.us>; "Manley Fuller" <wildfed @gmail.com>; <FWReeseEsq@aol.com>;
<backson @sfwmd.gov >; "'Iglehart, Jon'" <Jon.iglehart @dep.state.fl.us>; "'Darrell Land'"
< Darrell. Land @fwc.state.fl.us>; "'Onorato, Dave'" <Dave.Onorato@MyFWC.com>
Subject: FWF on Collier CPA 2008A Changing North Belle Meade Sending land to Neutral land
Dear Secretary Pelham, - -
Attached is Florida Wildlife Federation's letter objecting to Collier County CPA
2008-4, an amendment to re- designate 28.7 acres of North Belle Meade Sending
land to an isolated patch of Neutral land.
Collier County transmitted this amendment with the understanding that landowner
Fillmore, LLC (Yahl Mulching) will gift a 130' road reservation through its
wetland mitigation preserve during rezoning for the proposed Neutral land uses .
Sincerely,
Nancy Payton
Southwest Florida Field Representative
Florida Wildlife Federation
A
Attachment 1 FWC fella WhmBenfeW 04ZMpdf AU&Nnent 2 FWC Map fL109.pdf
19� A
Attachment 3 SFWMD Wer Whorrftr H 032309.0 YaN Muld*V Coda CPA 20084 FWF Cam eds to DCA .pdf
EF,►
i'lrwda Fish Nis. Claudine Auclair
."Id Vvildttte Principal Planner
%"tuu" Transportation Planning Department
�.,''tiTiT}rSSt�7n
2885 South Horseshoe Drive
Napless. Fl, 34104
9"rVv
tit:: Wilson Boulevard;Benfield Road Corridor, ETDbi 9392 Collier
x,,leT 3a Lit
Cntlnty .
Dear NIR. Auclair:
R, :t ;wlA. cwum The Habitat Conservation Scientific Services Section of the Florida Fish and
Wildlife: Conservation Commission (FWC) has coordinated an agency review
n »•�„ st. �ndn.na Of the above referenced project and provides the following comments related
A- -we;r: cv w,.itit to potential of ectd to fish and wildlife resources on this project. This infor-
mation is being provided in response to your request following the April 1,
R "'n S. 'o°'° "`"' 2009 meeting with FWC and the U.S. Fish and Wildlife Service personnel at
the Collier County Transportation Department in Naples, Florida.
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Project Description: CWC originally provided comments on this project
(ETDM 9302) to Floridn Department of Transportation (FDOT) District 1
during the planning phase via the Efficient Transportation Decision Making
(ETDDD process in January 2008 (enclosure). Information provided by
Collier County at that time related that a study was being performed fora
new north -Routh roadway located east of Collier Boulevard (CR -951). Since
no road alignments were yet identified, our project assessment ano associ-
,t ted comments concentrated on a large study area of about 20 miles in
length, which was bordered by CR -951 on the west, Golden Gate Boulevard
on the north. Everglades Boulevard on the east, and US- 41 (Tamiami Trail)
on the south. Presently, the following three alternatives have been identi-
fied and a series of public meetings on the project have l►cen held. Input has
been requested, and Collier County has chosen not to ro- submit the project
for review through the F.TDM Process.
.1lternative 1 (CR. -9611 No-build Att:rnativ-e,): This alternative would not
include any improvements within the study area other than those addressed
in the LI7ng Range Transportation Plan (LRTP), and, if selected, would
rcyttire additional improvements of CR -951.
11,;. Claudine Auctnir
Page
Apot l 29. 2009
Alternative 2 (.'%Wlpr Boulevard Alternative?: This alternative would result
in a continuous improved roadway beginning on Rvergladea Boulevard
about 4.0 miles north of 1 -75, continuing south across the Picayune Strand
Suite. Forest, then follows Miller Boulevard and the Six L's Farm Road to
Lvnnect to the Tamismi Trail (L1S -41) in the south over a distance estimated
at about 17.5 miles. 71iis proposal also involves the improvement and
connection of Wilson Boulevard and Green Boulevard with Everglades
Boulevard.
_ilteraatives Sri and 3$ [Wil>-- &.Benre] Alternative): Alternative U rune
north from Tamiami Trail (U3 -41), beginning at a point estimated to be
about 2.0 miles southeast of the intersection of CR 951, then connects in
several rondways, including Sabal Palm Road, Rattlesnake Hammock Road
Extenmion, and Lord's Way, before passing west of Bonfield Road. The road
then continues north, passing over 1 -75 before turning west and terminating
into SR -951. Alternative 3B is identical to Sri, except for an approximately
3.0 -mile section that runs enst of Bonfield Road in the area north and south
of 1-75.
Potential Impacts: The comments we submitted to FOOT for ETDM `1392
remain applicable. They provided an overview of the high fish and wildlife
and habitat resource values, including the significant number of wildlife
species listed by FWC as Endangered (E), Threatened M, or Species of
Special Concern (SSC), which are known to occur within the regional area
surrounding the project area. These species include the Florida panther (E).
mangrove fox squirrel (SSC), wood stork (E), Florida black bear (T), Eastern
indigo snake (T), red - cockaded woodpecker (SSC), gopher tortoise (T), and
the Florida sandhill crane (T). Figure 1, which depicts Florida panther tele-
metry locations collected by FWC biologists from 2006 through March 200.9,
and roadway mortality date for pnnthere and black bears, provides a clear
exnanple of the high and unique wildlife resource value within the project
steady area. The collective input of our biologists also included a discussion
of the predicted substantial direct, indirect, and cumulative adverse effects
of the project in the western Big Cypress Swamp, especially in the area of
Golden Crate Estates adjacent to the Florida Panther National Wildlife
Refuge ( FPNWII), and the Picayune Strand State Forest. Our comments
identified potential effects to the endangered Florida panther and threat-
ened Florida black bear, which include the increased loss, fragmentation,
Und isolation of habitat, along with increased roadkills associated with resi-
dential Ind commercial devt•.lopment facilitated by improved human necesss
provided lry this new roadway project. The collective adverse impacts that
could result from this project would be Inconsistent with the long -term
agency golds, management, and protection strategies for these species in
his. (Amid►nu Auclair
Pnge :i
April 29, 21[109
this region of southwest Florida. We recommended that improvements to
other portions of the regional roadway network, such as expansions of other
roadways or interchange locations in lieu of project alternatives located in
the interior of the study area, be considered for resolving the identified
transportation problem.
The folluwing additional input on this project is provided following a new
ai"essment by FWC hiologiats that were accomplished using the geographic
information provided by your office for the three identified alternatives. An
inventory of fish, wildlife, and habitat resources was accomplished within a
00 -foot and 1.0 -mile buffer along each aide of the right -of -way (ROtiV) of
Alternatives 2, 3A, and 3B. Treble 1 provides the acreage and percent cover-
age of native wetland and upland plant community typed, along with man -
unpacted land forms including mining, agriculture, and High and Low
Impact Urban land uses for the three alternatives. For the most part, the
alternatives are strikingly similar in terms of the types of native upland and
wetland communities, and disturbed plant community and land -use types,
and sere Curly comparable in terms of total acreage and percent coverage.
Native wetlands that are found along all alternatives include cypress
i .wamp, cyprow4pine /cabbage palm hydric hammock, freshwater marsh and
wet prairie, hardwood swamp, mixed wetland forest, open water, and shrub
swamp, while uplands include dry prairie, upland hardwood hammock,
mixed pine - hardwood forest, pinelands, and shrub and brushland. it is
noteworthy that a eignifecant acreage and diverse assemblage of uplands
and wetlands are present along all alternatives, including both forested and
herbaceous wetlands. Our amessment shows that within 600 feet along
each side of the ROW. Alternative 2 supports 1,616.7 acres (37.1 percent) of
wetlands, 854.0 acres (24.9 percent) of uplands, and 751.7 acres (31.9 per -
cent) of disturbed lands. Alternative 3A is comprised of 1,510.2 acres (44.7
percent) wetlands, t,083.5 acres (32.1 percent) of uplands, Arid 736.4 acres
(`11.51 pert ens) disturbed lands, while Alternative 3B is represented by
1.:5.16.2 titres of wetlands, 1,112.6 acres of uplands. and disturbed lands
` totaling 721.7 acres ('11.1 percent).
Our assessment also included an inventory and comparison of potential
habitat quality or environmental sensitivity indicators that are specifically
found within the buffer areas along the rights -of -way of the Build
Alternatives, and therefore serve to contribute to the comparison and
ranking of the expected affects of Alternatives 2, 3A and 3B. The ret4ulta of
our assessment (Table 2) showed that all three Build Alternatives over -
whelmingly shnmd the vnHt majority of all the environmental sensitivity
indicators+ within loth tbo 500 -foot and 1.0 -mile buffers- All Build
Ms. t'Inudino Audsir
Paige d
\pril'_19, 2M9
Alternative$ are within the U.S. Fish and Wildlife Service's Consultation
Area for the American crocodile, Florida panther, Florida scrub jay, red -
110ck:tded woodpecker, and ynnil kite; contain significant acreage that is
claa*ifted by VWC as Bindiveresity Hotspots and Priority Wetlands for
Wetland Dependent Species capable of supporting seven or more and seven
to nine focal species, respectively-,and all intersect important regional
landscape hnhitat systems that are ranked as critical by the Creenways
K(,ological Priority [ankages database.
Furthermore, all three Build Alternatives would have significant impacts to
existing and proposed public conservation lands, especially considering the
rational or landscape -level needs of the h'lorida panther and the Florida
black bear. Alternative 2 crosses Picayune State Forest. is within 1.0 mile
cif Ceillier Seminole State PRrk, and is adjacent to the Belle Meade and Save
Our Everglades Florida Forever Projects: Alternatives 3A and 3B are adju-
cent to the Picayune State Forest, are within 1.0 mile of the Rookery Bay
National Ef.ituarine Research Reserve, and are ndjaeent to the Belle Mende
Florida Forever Project. All Build Alternatives are within 1.0 mile of exist-
ing rostdwny sections that have had a moderate to significant history of bear
ro:cdkills represented by .Alternative 2 (11 roadkills on 1 -75, and Everglades
Boulevard): and both Alternatives 3A and 3B (nine bear roadkWo on CR -951
and 1 -75). The Build alternatives also intersect FWC Strategic Habitat
Coneservaliou Arens (SHCAs) that have been established for the Florida
panther. Morida black beer, American swallowtail kite, red-cockaded wood-
pecker, and wading birds. These large, landscape -level parcels have been
identified by F% VC biologists by modeling that includes the long -term
habitat needs of various species and serves to identify kinds that are not
currently in public ownership, but for which acquisition and protection ere
critical for the long -term protection and support of those species. .
Alternatives 3A and 3B impact SHCAs for all of the above species except the
Florida black bear, while Alternative 2 impacts SHCAs for all species except
the red- owknded wtwdpecker and the snail kite. Finally, we assessed the
relative habitat quality for all Build Alternatives using FMC's Integrated
Wildlife Habitat Ranking System (I1MRS) map. The results identified the
following total acres that occur within .500 feet on each side of the alterna-
DVOS that were mapped as gcxtd to excellent on the MIRS map with a score
of Ax to 10 (1 = Low, 10 = High): Alternative 2 (2,644.2 aerees).
Alternative 3A (2,915.2 acres), and Alternative 3B (2,958.4 acres).
Clearly, all the Build Alternatives would result in substantial direct and
indirect of et_s to high quality native upland and wetland habitat types,
public lands, and a high to substantial number of listed species, including
the Florida panther and Florida black bear. Direct effects would result in
Ms. (lauiline Auciair
Pace 65
Aprd 29, 2(1)9
habitat lose from clearing of the road ROW and the c:unstruc:t -ion of drainage
retention areas (DRAB). 'More importantly, indirect and cumulative effects
would result in long -term habitat loss and degradation from increaw-d com-
mercial and residential development provided by improved access to the
are -H. In nddition, other habitat enuld he lost from rnnatruction of new local
roadat (er improvement to existing roadways for future connections to the
currently propcax d project. Increasaed development within the study area
would alga require additional flood mntrol measures on a regional scale. and
would he detrimental to water quality, productivity. and functionality of the
natural systems in this regional area, possibly including nearby coastal
areas (if the iO,(M Islands complex, including Rookery Bay National
F.:3tuarinc: Reserve. Collier Seminole State Park, and the 10,00O Island
National Wildlife Refuge. Regional habitat connectivity would also be
reduced, and major habitat systems would be fragmented and isolated to the
detriment (if the Florida panther and Florida black bear, and the current
and important interaction of panther and bear use of private land and the
surrounding public land complex would be compromised.
Summary: In our view, necessary mitigation to adequately address these
affect,; may not be entirely feasible, and efforts in that regard would be
extremely rimtly. In our view, the selection of any of the Build Alternatives
would require an environmental- impact - statement level of study due to the
high value and complexity of the resource issues involved, including the loss
and degradation of large areas of high quality wetland and upland habitat,
public conservation lands, and Adverse effects to high numbers of state -
listed wildlife 4peciee. including the Florida panther.
Several specific examples are provided for a direct comparison of potential
projected effects of the Build Alternatives. Alternative 2, which crosses the
middle of Picayune Strand State Forest, would detrimentally reduce habitat
rounectivity, increase potential for roadkills of many species, complicate and
hinder ncceNwury land management activities involving the use of prescribed
fire due to issues of public safety from smoke drift to the roadway, and
potentially interfere with ongoing and planned restoration activities for the
state forest. Importantly, this alternative, did not receive support From the
staate and federal resource agencies at the :April 1, 2009 meeting in Naples.
Alternative-OA-and 3B would likely increase roadkills; degrade and isolate
habitat tU the west between the new alignment and CR -961; increase
residential development in North Golden Gates Estates; and. over time.
eiffectively sever the current connection Find pathway for panthers moving
westward from the Florida Panther National Wildlife Refuge into the North
13(rlle Meads area. While Mternatives 3A and 313 represent some measure -
able improvement in terms of reducing indirect effects compared to
Ms. Claudine Aucksir
page (i
APnI 21). 2009
Alternative 2, the No -build Mernative, which would result in upgrading or
improvement of the existing CR -951, offers the beat solution in terms of
avoidance and minimization of direct and indirect effects on wildlife and
habitat resources di„ cussed ;rlx". and addresses the transportation need.
We appreciate the opportunity to provide input on highway design and the
L n starvation of fish and wildlife resources. FWC staff remains available to
amsist Collier County with designing at road project that results in minimal
impacts to wildlife resources in this important regional area. Please con -
tact. Terry Gilbert at (850),102-6311 or email to ► dbert®uracorp&om to
initiate the process for further overall coordination on this project. On
iswuex dine :tly related to the Florida panther, please contact FWC Biologist
Darrell Land at (239) 6134220 or e-mail at: da rrmIl 4nd2MYFWC.cx►m.
Sinevrely.
J. Scott Sanders
Section leader
Habitat Cowwrvation Scientific Services Section
jss/pam
enclosure
cc: Goren Pipkin, FDOT District l ETDM Coordinator, Bartow
John Wrublik,. U.S. Fish and Wildlife Service. Vero Beach
Dennis Hardin, Forest Ecologist, Florida Division of Forestry,
Ta}lahsiisee
Chuck Collins, Regional Director, FWC South Region
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SOUTH FtiDRIDA WATER MANAGEMENT DISTRICT
3301 Can Club Road, Vhd Palm Back N oMo 33106 • (561) 6868800 • FL WA15I- M432 -2M • TAD W) M2574
Alading Address P.O.8= 24580, weal Palm Beach, FL334I6.4W • wwwsfrvWgoy
. -- -- - -_- —
-_ - - - - - --
March 23, 2009
Ms. Claudine Auclair
Principal Planner
Transportation Planning Department
2885 S. Horseshoe Drive
Naples, FL 34104
Dear Ms. Auclair:
Subject: Wilson Boulevard Extension/Bonfield Road Corridor Study
Thank you for this opportunity to provide comments on the Wilson Boulevard
Extension/Benfield Road Corridor Study. Staff at the South Florida Water Management
District (District) reviewed the Wilson Boulevard Extension/Benfleld Road Corridor
Study and have determined the following:
Altemadve 2 (Miller Boulg M Nfta ; This alternative will have direct conflicts
with the Picayune Strand Restoration Project, a congressionally authorized ecosystem
restoration project of the Comprehensive Everglades Restoration Plan. Aspects of this
project are currently underway to restore the Southern Golden Gate Estates area.
Under the restoration project, Miller Boulevard south of Wd will be removed to natural
grade and will function as a secondary road that is accessible only when hydrologic
conditions allow. The purpose of degrading the existing road bed is to restore wetlands
and overland flow of surface water in the southern and of the Golden Gate Estates area
in an effort to restore the area to pre- development conditions. In addition, the Picayune
Strand Project is critical to ecosystem connectivity In southern Collier County and
provides the linkage between other significant public land holdings Including the Florida
Panther National Wildlife Refuge, Ten Thousand islands National Wildlife Refuge,
Fakahatchee Strand State Preserve and Collier- Semirrole State Park. Bisecting the
Picayune Strand State Forest would significantly impact that connectivity.
Alteratives M 11n l 38 (Wilson- BonfieldL Portions of these alternatives are located
within the Collier County Rural Fringe Mixed Use (RFMU) District Boundary, north of I-
75 (Alligator Alley). District staff has determined that the proposed alignments would be
detrimental to future resource management plans for improvement of water quality and
quantity within the Northern Bette Meade area. Additionally. portions of Alternatives 3A
and 3B would significantly Inhibit improvements to Naples Bay that are currently in
progress as part of the Naples Bay Surface Water Improvement and Management
(SWIM) Plan in which Collier County is a participantfstakeholder.
Ms. Claudine Auclair
March 23, 2009
Page 2
Compliance with the existing Collier County Growth Management Plan (CC -GMP) is not
noted in the evaluation and selection of the corridor alternatives that are proposed for
further analysis. This is a concern because significant portions of Alternatives 2, 3A and
313, as proposed, are located within RFMU for Habitat Preservation and Transfer of
Development Rights (TDR) areas identified within the CC -GMP. The presence of the
roadway corridors in these areas appears to be in conflict with the rules and policies
contained in the CC-GMP and related laws and ordinances.
If you need additional information please feel free to contact Larry Gerry at (561) 681-
2563 X -3701 or (561) 718 -0439 (cell), or call Janet Stances at (561) 281 -3330.
Again, thank you for this opportunity to comment on this corridor study.
Sincerely,
Kenneth G. Ammon, P.E.
Deputy Executive Director
Everglades Restoration Resource Area
South Florida Water Management District
KGACs
Cc: Stu Applebaum, Corps of Engineers
Larry Gerry, SFWMD
James R. Karels, Division of Forestry
Greg Knecht, FDEP
Chip Merriam, SFWMD
Tom Oiiiff, SFWMD
Janet Starnes, SFWMD
Tommy Strowd, SFWMD
Clarence Tears, SFWMD
Carol Wehle, SFWMD
February 15, 2010
FLORIDA WILDLIFE FEDERATION
AM'ated With National Wi(dh'fe Federation - - - -.
Southwest Florida Office Office Phone: (239) 643 -4111
2590 Golden Gate Parkway, Suke 105 Cog: (239) 7845119
Naples, Florida 34105 Email: nancvoavton -- online -ora
Via email
Thomas G. Pelham, Secretary
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
RE: CPA 2008 -4
Collier County Amendments
North Belle Meade Overlay
Sending Lands Re- designating to Neutral Lands
Fillmore, LLC (Pahl Mulching)
Dear Secretary Pelham:
Florida Wildlife Federation urges the Florida Department of Community Affairs (DCA) to
object to the above referenced amendment to Collier County's North Belle Meade Overlay
because the re- designation is not defensible; and it is counter to the North Belle Overlay's
objective to protect natural resources and wildlife habitat values on a landscape level.
CPA 2008 -4 seeks to re- designate 28.7 acres in North Belle Meade from Sending to Neutral
land. The site is immediately north of 1 -75, Alligator Alley. It is surrounded by Sending land.
To the south is the Picayune Stand State Forest which is Natural Resource Protection Area
(NRPA) Sending land.
During the habitat planning effort mandated by the June 1999 Final Order, this site displayed
environmental values that elevated it to the Sending Lands designation. The Sending land
designation was upheld in the 2003 administrative challenge and subsequent appeal.
Neutral Designation Not an Environmental Designation
Initially the 1999 Final Order planning process identified only two land designations, Sending
and Receiving. However, certain land that scored high environmental values and justified the
Sending designation previously had been purchased for school sites and public parks.
Therefore, a third category — Neutral land - was established to accommodate locations that
had environmental values too high for Receiving land designation, but had previously
committed land uses not compatible with a Sending land designation.
Neutral land designation was not based on natural resource values and should not now
be used to circumvent the North Belle Meade Overlay's large -scale goal to protect and
enhance natural resource values.
The Sending land designation was determined by habitat values, not number and frequency of
species sighted on each parcel. Fillmore, LLC (Pahl Mulching) is defending its re-
designation based a consultant's statements on what wildlife he observed or did not observe at
specific times on the 28.7 acres.
The North Belle Meade Overlay is a comprehensive wildlife habitat protection program as
directed by the 1999 Final Order. With adoption of CPA 2008 -4 Collier County is
undermining the purpose of the mandated planning effort by establishing a precedent that
allows scattered Sending land parcels to re -claim pre -1999 uses through privately sponsored
growth management plan amendments.
Collier County Gets 130' Road Reservation in Wetland Preserve
Of the 28.7 acres affected by this proposal, 11.73 acres are in a wetland preserve per state and
federal permitting requirements to mitigate for the loss of 6.37 wetland acres. The state and
federal permits are available upon request.
During the transmittal process, the petitioner Fillmore, LLC (Yahl Mulching) agreed to gift
Collier County a 130' road reservation to accommodate the proposed east -west Wilson -
Benfield highway. The land reservation will be through the wetland mitigation preserve
which is across the entire southern border of this parcel and parallel to I -75. For details on the
Wilson - Benfield Road Corridor Study, see http://www.colliergov.iiet/ijidex.aspx?pa-ge=2452.
Collier County is pursuing the Wilson - Benfield highway using no state or federal dollars.
As a local project it will likely be piecemealed and funded through extractions from
developers and landowners. Despite this approach, it is entangled in the Everglades I -75
Interchange ETDM Dispute Resolution process. For more information, see
1hI 1p.-Peldmd Lcorn/ .
The 130' road reservation through the wetland preserve will be finalized when
Fillmore, LLC (Yahl Mulching) seeks the zoning changes allowed under the Neutral land
designation. It is unknown if Collier County will also seek funding from Fillmore, LLC
(Yahl Mulching) to help build this segment of the Wilson - Benfield highway.
The Wilson - Benfield highway received strong "No Build" recommendations from Florida
Fish and Wildlife Conservation Commission, Florida Department of Environmental
Protection, Florida Division of Forestry, South Florida Water Management District, and U.S.
Fish and Wildlife Services due to significant direct and cumulative impacts to wildlife habitat
and wetlands. The letters are not posted on Collier County's Wilson - Benfield Road Corridor
Study web page. The Federation has the agency letters and will provide upon request.
Attached is the Florida Fish and Wildlife Conservation Commission's letter opposing the
Wilson- Benfield highway along with its map. Please note panther and black bear road deaths
on 1 -75 in the immediate vicinity of Fillmore, LLC (Pahl Mulching) parcel.
Also attached is the South Florida Water Management District's letter stating that the Wilson -
Benfield highway will be "detrimental to future resource management plans for improvement
of water quality and quantity with the Northern Belle Meade area.. would significantly inhibit
improvements to Naples Bay that are currently in progress as part of the Naples Bay Surface
Water Improvement and Management (SWIM) Plan in which Collier County is a
participant/stakeholder."
DCA Most Object
DCA must object to CPA 2008 -4 because it is not supported by data and analysis consistent
with the North Belle Meade Overlay planning goals and it facilitates a major new highway
through environmentally sensitive land at a time when Collier County should be pursuing
avenues to reduce greenhouse gas emissions and lower vehicular miles traveled as directed in
HB 647.
Sincerely yours,
?UnC7 awso P.woa.
Nancy Anne Payton
Southwest Florida Field Representative
Attachments: 3
cc: Charlie Gauthier, Department of Community Affairs
Shaw Stiller, Department of Community Affairs
Lynette Norr, Department of Community Affairs
Mike McDaniel, Department of Community Affairs
Brenda Winningham, Department of Community Affairs
Mary Ann Poole, Florida Fish and Wildlife Conservation Commission
Jim Quinn, Florida Department of Community Affairs
Jim Jackson, South Florida Water Management District
Manley Fuller, Florida Wildlife Federation
Thomas W. Reese, Esq.
DAVA IM
�• :ter€
April 30, 2010
Mr. Mike McDaniel, Chief
Office of Comprehensive Planning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
Subject: Response to ORC issued by DCA on April 5, 2010, pertaining to Collier County CP- 2008 -4,
(North Belle Meade Area 28.76 acres)
Dear Mr. McDaniel,
This coirrspon?J,°.i�e is intended to respond the DCA's recommendation to retain a Sending Lands
future !anti us; designation on a specific parcel of land rather than adopt a Neutral Lands future land use
designation, as was proposed in the Amendment. Further, it is our contention that the Florida Wildlife
Federation's (FWF) correspondence of February 15, 2010, which objected to the proposed Growth
Management Plan Amendment (GMPA), introduced an unrelated objection pertaining to a potential
future roadway corridor, and the subject property's location in relation to that potential public roadway
corridor. .Additionally, this correspondence will respond to the objections related to this GMPA raised
` by the Florida Department of Transportation's (FDOT) correspondence dated March 4, 2010.
For purpose of this rebuttal it may be helpful to identify the subject property's location in relation to the
existing pattern of development of the surrounding area. Please refer to Attachment C, General Aerial
Location Map. As you can see, the subject GMPA parcel is located adjacent to the Collier County land
fill, and has neighboring properties to the north and east that have an agricultural development pattern
(i.e.: single - family homes, plant nursery and truck barn). The subject GMPA parcel is not isolated and
surrounded by environmentally sensitive Lands as is contended in the FWF correspondence. It bears
repeating that the subject GMPA parcel is currently developed with a mulching facility which had a
conditional use approved by the Collier County Board of Zoning Appeals in January 1998. This
operation has been in continuous operation since then. The current mulching facility has all prerequisite
permits from Collier County, the Florida Department of Environmental Protection, the South Florida
Water Management District (Permit No. 11- 02649 -P), and the U.S. Army Corps of Engineers dredge
and fill permit (SAJ- 2007 -605). The subject GMPA parcel is encumbered with a 11.73 acre
conservation easement resultant from the environmental permitting of the site. This conservation
easement protects in perpetuity, the environmentally significant portions of the subject property. No
expansion of the subject GMPA parcel is proposed. The requested GMPA future land use designation
change is only requested in order to allow for the receipt, processing and transfer of construction and
demolition debris. Additionally, once the land use designation is changed, the next required step is
approval of a new conditional use (advertised public hearing) by a super majority (4 of 5) of the Collier
County Board of Zoning Appeals.
It may also be helpful to clarify the subject GMPA parcel's proposed future land use designation, and its
10, relationship with the defacto future land use designations currently in place. Please refer to Attachment
F -1, Defact.o Future Land Use Map. It is important to understand that the subject GMPA parcel and
mulching operations predate the adoption of the Rural Fringe Mixed -Use District (RFMUD) and
creation of the County's Transfer of Development Rights (TDR) program. Many privately held Lands
within the RFMUD were not aware, or not interested in the promulgation of the County's RFMUD, or
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (235) 597- 05757Fax: (239) 597 -0578
www.consult- rwa.com
RWA�C
CP- 2008 -04
April 30, 2010
Page 2
development restrictions, given that it was done through a legislative process that has different noticing
requirements in comparison to the quazi judicial process associated with zoning changes. There were a
few private land owners that had pre- existing land uses or proclaimed development intent that may not
have "fit" the narrow definitions of Sending and Receiving Lands initially contemplated for use in the
RFMUD related to the TDR program. These specific properties were cursorily reviewed for
environmental sensitivity, and the appropriateness to assume a Neutral Lands designation that was
created to accommodate these properties. Please refer to the supplemental documentation prepared by
the applicant's environmental consultant, Ramsey Inc., for more specific data and analysis of the
environmental attributes of the subject GMPA parcel and surrounding lands.
Residential density may not be transferred either from or into areas designated as Neutral Lands. There
are public and privately held lands that retain the Neutral Lands designation, not just school sites and
public parks as is contended in the FWF correspondence. In fact, publicly held lands may not
participate in the County's TDR program, and there are a lot of publicly owned lands that retain the
Serdmg Lands future land use designations. Of particular interest related to this proposed GMPA, the
Corli::- County Land Fill lies immediately west of the subject GMPA parcel and do not have the highest
quality of environmentally sensitive land characteristic of Sending Lands, but this adjacent half section
of land holds the Sending Land designation. As previously stated, publicly held lands may not
participate in the County's TDR program, so the County's land fill parcel is, for all intents and purposes,
Neutral Land. The subject GMPA parcel is in effect adjacent to defacto Neutral Lands and will be used
similarly to the land use of the County's land fill, but no waste materials would be perpetually retained
on -site. Further, the applicant has no intention of utilizing any other permitted land use allowed in the
Neutral Lands future land use designation, and this could be reflected in the County's GMPA adoption
resolution.
The previously referenced FWF correspondence introduces an objection to a County proposed roadway
corridor that is not a part of the GMPA materials transmitted to DCA for review and comment. It is not
the applicant of this GMPA that is proposing, or aiding and abetting the County's roadway planning
process. The subject GMPA parcel is merely within a very small portion of the proposed roadway
corridor and is not gifting any right -of -way reservation as is contended in the FWF correspondence.
The applicant of the subject GMPA has merely been put on notice that a 130 foot reservation may be
requested in a subsequent local zoning process. It is quite unfortunate that the FWF is using an issue
entirely unrelated to the subject GMPA at hand to object to this meritorious application. This particular
correspondence appears to have played a significant role in the DCA's recommendation in the ORC. We
do not think this is appropriate, as our proposed amendment has nothing to do with Collier County's
desire to secure this potential future roadway corridor.
The following discussion was prepared by the applicant's transportation consultant, Omega Consulting
group, in response to the objections related to this Growth Management Plan Amendment (GMPA)
raised by the Florida Department of Transportation's (FDOT) correspondence dated March 4, 2010.
FDOT had the following comments in regards to CP- 2008 -04:
• FDOT Comment 6. The department notes that the potential increase in trips may be larger than
shown in the table above because intensities for the relevant future land use designations are not
stated in the comprehensive plan and reliable trip generation data are not readily available for
several of the allowed uses. The County should provide intensity standards and land use mix
percentages, as appropriate, for these future land use designations.
• FDOT Comment 7: The applicant should analyze the maximum development scenario as
defined in the comprehensive plan, with all assumptions clearly stated, rather than the proposed
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RWAOc CP- 2008 -04
April 30, 2010
Page 3
development plan, unless a site - specific text amendment limits the maximum development
scenarios to the proposed development plan.
FDOT Comment 8: The amendment results in a potential increase in site - generated traffic and
is located adjacent to I -75 and less than two miles from an I -75 interchange. The department's
data indicate that two segments of I -75 are not projected to not meet the adopted LOS standard
in the long term. The applicant's traffic study does not include I -75. The study should be
revised to include I -75 and a long term LOS evaluation. Improvements needed to maintain
adopted LOS standards should be identified and added to the appropriate plans. Long -term
improvements may consist of detailed strategies for addressing LOS issues. These strategies can
include development of parallel roadways, multimodal investments, and implementation of
concurrency alternatives. Mitigation and strategies should be coordinated with the department
and affected local governments.
The proposed uses for CP- 2008 -04 are to add a construction debris recycling facility to the existing
vegeu-.iive recycling facility on the site. However, the proposed comprehensive plan amendment does
not sp: =cify only those uses and other uses such as mentioned by FDOT could be constructed on the site.
It sho:lld be noted that the project site is immediately adjacent to the Collier County Landfill and is
located approximately two (2) miles east of Collier Boulevard. This location in not conducive to
residential type land uses, but per the requested land use amendment, there could be residential type land
uses. As is noted by FDOT, a higher land use of up to 22 multi - family units per acre for up to 10 acres
for farm worker housing could be approved with the requested land use change. We have revised the
trip generation for the site to address this issue (see Table 1, below).
Table 1
SITE GENERATED TRIP ESTIMATE
AM Peak PM Peak
LAND USE Size Unit ADT Total Enter Exit Total Enter Exit
Apar.ment (LU 220): 220 DU 1,457 112 22 90 139 90 49
Total 1,457 112 22 90 139 90 49
We have revised the new trip distribution and assignment based on the new trip generation and the
approved distribution. This is shown in Table 2, below. Please note that we have added a distribution
for I -75. This distribution is based on knowledge of the area and past TIS's for this project area.
S:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support\20104-30 ORC Response - Rebuttal Doc.docx
RWA�C
Table 2
Site - generated Trip Distribution and Assignment
CP- 2008 -04
April 30, 2010
Page 4
We thy;, revised the significance test to include the revised trip generation, trip generation and trip
assign;? .:1nt. This is shown in Table 3, below. It should be noted that Table 7 and Table 9 were used
from the FDOT Quality /Level of Service Handbook for the maximum service volume for I -75. LOS C
for an Urbanized area was used for the segment of I -75 west of Collier Boulevard and LOS C for a
Rural Undeveloped area was used for the segment of 1 -75 to the east of Collier Boulevard.
Table 3
Significance Test
AM Peak
PM Peak
Link
From
To
DIST
Total
Enter
Exit
Total
Enter
Exit
Collier Blvd
Golden Gate
Utilities Drive
50%
56
11
45
70
45
25
Collier Blvd
Utilities Drive
1 -75
3,515
45
1.3%
White Lake Blvd
Collier Blvd
Land Fill
Collier Blvd
Utilities Drive
1 -75
50%
56
11
45
70
45
25
White Lake Blvd
Collier Blvd
Land Fill
100%
112
22
90
139
90
49
0.2%
Ac cess
1 -75
Collier Blvd
east
White Lake Blvd
Land Fill Access
Projec
100%
112
22
90
139
90
49
Acc
1 -75
Gol yen Gate
Collier Blvd
10%
11
2
9
14
9
5
1 -75
Collier Blvd
east
5%
6
1
5
7
5
2
We thy;, revised the significance test to include the revised trip generation, trip generation and trip
assign;? .:1nt. This is shown in Table 3, below. It should be noted that Table 7 and Table 9 were used
from the FDOT Quality /Level of Service Handbook for the maximum service volume for I -75. LOS C
for an Urbanized area was used for the segment of I -75 west of Collier Boulevard and LOS C for a
Rural Undeveloped area was used for the segment of 1 -75 to the east of Collier Boulevard.
Table 3
Significance Test
As can be seen in the above analysis, even with the higher use of the project, the directed accessed
roadway segments of Collier Boulevard are not significantly impacted (less than 2% impact) in
accordance with Collier County requirements. The segments of I -75 impacted by the higher use project
are not significantly impacted and are de minimus (less than 1 % impact).
In accordance with the Collier County Traffic Impact Statement requirements, the significantly
impacted roadways should be studied with a five year horizon. In this case, that would 2015. From
review of the 2030 Long Range Transportation Plan Executive Summary Minor Update dated June 8,
2007, the current four (4) lane segments of 1 -75 west and east of Collier Boulevard are projected to be
an acceptable level of service in 2015 (Table 5 FFP Plan Level of Service) with v/c ratios of 0.79 and
0.60, respectively.
S:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support\20104-30 ORC Response - Rebuttal Doc.docx
PM Peak
Site
PCT of
Link
From
To
S max
Tries
SF�
Collier Blvd
P den Gate
Utilities Drive
3,515
25
0.7%
Collier Blvd
Utilities Drive
1 -75
3,515
45
1.3%
White Lake Blvd
Collier Blvd
Land Fill
760
90
11.8%
Ac cess
White Lake Blvd
Land Fill Access
Project Access
760
90
11.8%
1 -75
Golden Gate
Collier Blvd
3,020
5
0.2%
1 -75
Collier Blvd
east
2,820
5
0.2%
As can be seen in the above analysis, even with the higher use of the project, the directed accessed
roadway segments of Collier Boulevard are not significantly impacted (less than 2% impact) in
accordance with Collier County requirements. The segments of I -75 impacted by the higher use project
are not significantly impacted and are de minimus (less than 1 % impact).
In accordance with the Collier County Traffic Impact Statement requirements, the significantly
impacted roadways should be studied with a five year horizon. In this case, that would 2015. From
review of the 2030 Long Range Transportation Plan Executive Summary Minor Update dated June 8,
2007, the current four (4) lane segments of 1 -75 west and east of Collier Boulevard are projected to be
an acceptable level of service in 2015 (Table 5 FFP Plan Level of Service) with v/c ratios of 0.79 and
0.60, respectively.
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RWA "-
CP- 2008 -04
April 30, 2010
Page 5
It is clear from the above analysis that the project, even with the higher land uses allowed in the
proposed land Neutral future land use designation, does not significantly impact I -75. Additionally, I -75
in the vicinity of the project is projected to be within the level of service standards for the project/land
use amendment horizon year of 2015. Therefore, the further analysis discussed towards the end of
FDOT Comment 8 are not necessary with this project.
This then concludes our rebuttal to the objections raised by FWF and FDOT, and we hope this accurate
statement of facts will be compelling to the extent that the DCA removes its objection to the proposed
future land use designation change, or alternatively provides some specific recommendations that would
address any outstanding concerns but still allow the desired land use.
Dwight Nadeau,
Planning Manager
RWA, Inc.
Electronic Copy: Corby Schmidt, Collier County
Nick Casalanguida, Collier County
Dan Trescott, SWFRPC
Ken Heatherington, SWFRPC
Lawrence Massey, FDOT
Client
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