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CP-2008-2 Supplemental Staff ReportSUPPLEMENTAL STAFF REPORT PETITION CP- 2008 -2 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT JUNE 15, 2010 .ier ` o m Pity SUPPLEMENTAL STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION MICHELE MOSCA, AICP, PRINCIPAL PLANNER HEARING DATE: JUNE 15, 2010 SUBJECT: 2007/2008 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS (GMPA), PETITION CP- 2008 -2 ONLY (Adoption Hearing) ELEMENT: GOLDEN GATE AREA MASTER PLAN (GGAMP) ONLY - for this supplement CCPC ADOPTION RECOMMENDATION and COMMENTS: Due to the recent revisions made to the GMPA by the applicant, certain re- submittal documents were not received, and staff review not concluded, prior to the completion of the CCPC Staff Report. These revisions include: (1) removal of Tract 71 (rev. 5/28/10); (2) addition of a grocery use component within the first project phase (rev. 6/1A 0); and, (3) updates to the Traffic Impact Study (rev. 5/28/10), Commercial Demand Analysis spreadsheets (rev. 5/28/10), and the Greenhouse Gas Reduction Analysis (rev. 6/2/10) – all necessitated by staff review comments. The following are staff's analysis and /or comments concerning the proposed Subdistrict text, Commercial Demand Data, and Greenhouse Gas Reduction Analysis. Subdistrict Text - as transmitted by the BCC with changes proposed by the petitioner at Adoption (Words underlined are added; words stFWsk-through are deleted — as approved for Transmittal by BCC, and words double underlined are added; words double stRwA4w&wjb are deleted — as amended by the Petitioner at Adoption.) [page 35] 3. Randall Boulevard Commercial Subdistrict – The Randall Boulevard Commercial Subdistrict, containing approximately 56.5 acres. is located on the south side of Randall Boulevard and Immokalee Road (CR -846), extending from 8th Street NE west to the Corkscrew Canal. T44e This Subdistrict is comprised of the following properties: Tracts 54, 55, 71, 72, 89, 6'0—,107, 108, 125, 126 and 127, Golden Gate Estates, Unit 2 , Golden Gate Estates I In This Randall Beuievwd Gemmwdal Subdistrict has been designated on the Golden Gate Area Future Land Use Map and the Randall Boulevard Commercial Subdistrict Mar). See Map 14 It is the intent of this Subdistrict to provide commercial goods and services to the surrounding area. Development intensity in this Subdistrict shall not exceed 401.950 square feet of floor area. All development in the Subdistrict shall comply with the following requirements and limitations: • a. All 8eMFnemiaf development is encouraged to be in the form of a PUD. b. Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot wide buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. c. Shared parking shall be required with adjoining development whenever possible. d. Tract 55 shall only be utilized for native preservation and water management areas. The eastern boundary of Tract 55 shall contain, at a minimum, a 50- foot wide retained native vegetation buffer. e. The following limitation shall apply to Tract 71 only: 1. Development shall be limited to 21.000 square feet. 2. Limitation of Uses — Uses shall be limited to the following: • Automobile Service Station: • Barber & Beauty Shops: • Convenience Stores: • Drug Stores: • Food Markets; • Hardware Stores; • Laundries — Self Service Only: • Parks. Public or Private: • Post Offices and Professional Offices; • Repair Shops — Radio. TV, Small Appliances and Shoes: • Restaurants, including fast food restaurants but not drive in restaurants • Shop ping Center • Veterinary Clinic with no outside kenneling: f. The following limitations shall apply to Tracts 72, 89, 90, 107, 108, 125, 126. 127, and 1. Development Tract 54: intensity shall be limited to 60 3 0.950 square feet of floor area, of which no more than 05 95_ square feet shall be retail � e Included in this amount is an allocation of 20.000 square feet for each of the east and west halves of Tract 54 (40.000 sq. ft. total). The project shall include a grocery anchor with a minimum of 35.000 square ._ f. The following limitations shall apply to Tracts 72, 89, 90, 107, 108, 125, 126. 127, and 1. Development Tract 54: intensity shall be limited to 60 3 0.950 square feet of floor area, of which no more than 05 95_ square feet shall be retail Included in this amount is an allocation of 20.000 square feet for each of the east and west halves of Tract 54 (40.000 sq. ft. total). The project shall include a grocery anchor with a minimum of 35.000 square feet cross floor area (GFA) prior to any certificates of occupancy being issued beyond 100.000 square feet (GFA) of retail development. Allowable uses shall be limited to the permitted and conditional uses of the C- 4, General Commercial District in the Collier Land Development Code- in effect as of the effective date of the option of the amendment of the subdistrict [Ordinance No. 2010 - Adopted JanuandFebruary except that the following uses shall be prohibited: • Tire Dealers, Automotive Retail (Group 5531) • Automotive Parking (Group 7521) • Communication Services (Group 4899) • Drinking Places (Group 5813) • Fishing Piers (Group 7999) • Glass and Glazing work (Group 1793) • Health Services (Groups 8059 - 8069) • Specialty Outpatient Facilities (Group 8093) • Houseboat Rental, Lakes Operations, Partv and Pleasure Boat rental (Group 7999) • Large Appliance repair service (Group 7623) • Marinas (Group 4493 and 4499) • Miscellaneous Repair Services (Groups 7622 -7641, 7699) • Liquor Store, unless operated by a Grocery Retailer (Group 5921) • Used Merchandise Store (Group 5932) • Automatic Merchandising Machine Operators (Group 5962) • Direct Selling Establishment (Group 5963) • Escort Services, Massage Parlors, Tattoo Parlors, Turkish Baths, Wedding Chapels (Group 7299) • Betting Information Services, Bath Houses, Billiard Parlors, Bookies and Bookmakers, Cable lifts, Carnival Operation, Circus Companies Fortune Tellers. Go -cart racing operation, Off -track betting, Ping Pong Parlors, Rodeo Animal Rentals, Rodeos, Shooting Ranges Trapshooting Facilities (Group 7999) • Parole offices, Probation offices, Public welfare centers refugee services, settlement houses (Group 8322) • Tow -in parking lots (Groups 7514, 7515, 7521) • Animal Specialty Services (Group 0752) g. At time of rezoning, consideration shall be given to imposing appropriate restrictions on the amount of development allowed in this Subdistrict prior to discontinuance and relocation of the Big Corkscrew Island Fire Station and Florida Division of Forestry fire tower uses. h. [Placeholder for transportation mitigation requirements] Subdistrict Text - as revised by the Petitioner at Adoption, and further revised by Staff (Words underlined are added; words Stfusl( thmugh are deleted — as amended by the Petitioner at Adoption, and words double underlined are added; words double 64FW@14 41WOUgh are deleted — as amended by the Staff at Adoption.) 3. Randall Boulevard Commercial Subdistrict — The Randall Boulevard Commercial Subdistrict, containing approximately 56.5 acres, is located on the south side of Randall Boulevard and Immokalee Road (CR -846), extending from 8'h Street NE west to the Corkscrew Canal. T4e This Subdistrict is comprised of the following properties: Tracts 54, 55, 71, 72, 89, 90, 107, 108, 125, 126 and 127, Golden Gate Estates, Unit 2 , GeldeR Gate Fistates 1 lni+ 73 0-GO ROARg the unique development pattern and nhaFaGteri fin of This Subdistrict has been designated on the Golden Gate Area Future Land Use Map and the Randall Boulevard Commercial Subdistrict Map. See "� "4 It is the intent of this Subdistrict to provide commercial goods and services to the surrounding area. Development intensity in this Subdistrict shall not exceed 401.950 square feet of floor area. All development in the Subdistrict shall comply with the following requirements and limitations: a. All senFneFGial development is encouraged to be in the form of a PUD. b. Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot wide buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. C. Shared parking shall be required with adjoining development whenever possible. d. Tract 55 shall only be utilized for native preservation and water management areas. The eastern boundary of Tract 55 shall contain, at a minimum, a 50 -foot wide retained native vegetation buffer. e. The following limitation shall apply to Tract 71 only 1. Development shall be limited to 21,000 square feet. 2. Limitation of Uses — Uses shall be limited to the following: • Automobile Service Station; • Barber & Beauty Shops; • Convenience Stores; • Drug Stores; • Food Markets; • Hardware Stores; • Laundries — Self Service Only; • Parks, Public or Private; • Post Offices and Professional Offices; • Repair Shops — Radio, TV, Small Appliances and Shoes; • Restaurants, including fast food restaurants but not drive in restaurants • Shopping Center Veterinary Clinic with no outside kenneling; f. The following limitations shall apply to Tracts 72, 89, 90, 107, 108, 125, 126, 127, and Tract 54: 1. Development intensitv on Tracts 72 89, 90 107 108 125, 126 127 and the west one -half of Tract 54 shall be limited to 360.950 sauare II feet of floor area, of which no more than 85.950 square feet shall be retail development. 29;099 Beware 499i top @aeh of 11-14-a R-ast and west halver, of T— r. A 2. Development intensity on the east one -half of Tract 54 shall be limited to 20,000 square feet of commercial development. 3. The first phase of the project development, exclusive of the existing 20.000 sq. ft. of development on the east one -half of Tract 54, shall include a grocery anchor, with a minimum of 35.000 square feet of gross leasable floor area, prior to any certificates of occupancy being issued beyond 100.000 square feet of commercial development. 2 4. Allowable uses shall be limited to the permitted and conditional uses of the CA General Commercial District in the Collier County Land Development Code in effect as of the effective date of the adoption of the amendment of #fie this o 6ubdistrict [Ordinance No. 2010 - _ . Aadopted July 28,201M, except that the following uses shall be prohibited: • Tire Dealers, Automotive Retail (Group 5531) • Automotive Parking (Group 7521) • Communication Services (Group 4899) • Drinking Places (Group 5813) • Fishing Piers (Group 7999) • Glass and Glazing work (Group 1793) • Health Services (Groups 8059 - 8069) • Specialty Outpatient Facilities (Group 8093) • Houseboat Rental, Lakes Operations, Partv and Pleasure Boat rental (Group 7999) • Large Appliance repair service (Group 7623) • Marinas (Group 4493 and 4499) • Miscellaneous Repair Services (Groups 7622 -7641, 7699) • Liquor Store, unless operated by a Grocery Retailer (Group 5921) • Used Merchandise Store (Group &8Q2 5932) • Automatic Merchandising Machine Operators (Group 59621 • Direct Selling Establishment (Group 5963) • Escort Services, Massage Parlors, Tattoo Parlors, Turkish Baths Wedding Chapels (Group 7299) • Betting Information Services, Bath Houses, Billiard Parlors Bookies and Bookmakers, Cable lifts, Carnival Operation, Circus Companies Fortune Tellers, Go -cart racing operation Off -track betting, Ping Pong Parlors, Rodeo Animal Rentals Rodeos Shooting Ranges Trapshooting Facilities (Group 79991 • Parole offices, Probation offices, Public welfare centers refugee services, settlement houses (Group 8322) • Tow -in parking lots (Groups 7514, 7515, 7521) • Animal Specialty Services (Group 0752) 5. At time of rezoning consideration shall be given to imposing appropriate restrictions on the amount of development allowed in this Subdistrict prior to discontinuance and relocation of the Big Corkscrew Island Fire Station and Florida Division of Forestry fire tower uses. 6. All buildinas on Tracts 72, 89, 90, 107, 108, 125. 12.6 and 127 shall be developed with a unified architectural theme 7. [Placeholder for transportation mitigation requirements] Greenhouse Gas Reduction Analysis: The petitioner provided revised data and analysis to address 2008 Legislation, HB 697, pertaining to energy conservation and efficiency, subsequent to Transmittal Hearings. The Green House Gas (GHG) analysis provided to the BCC at Transmittal was based on the assumption that the project would include a grocery use. However, staff noted in their review of the GHG submittal that no commitment was made to construct a grocer within the development, and therefore staff could only base their findings of compliance with HB 697 on the assumptions made in that analysis. Subsequent to transmittal of the petition to the DCA, the petitioner revised the analysis to reflect the removal of the grocery use. Staff's analysis and conclusions are below. It should be noted that after post - transmittal submission of the GHG analysis, the petitioner submitted new Subdistrict text that added a grocer as a required use within the first project phase. As a result, the post - transmittal GHG analysis does not include the grocery use, and likely results in a more conservative analysis of potential reductions in GHG and carbon dioxide emissions. Transmittal GHG Analysis (contained within the GMPA Cycle binder): The applicant's analysis and conclusions reached primarily focused on a grocery use as part of the development proposal. Based on the applicant's information provided, staff was able to conclude that the project, with grocery use, would likely reduce vehicle trips traveled by providing commercial and employment opportunities proximate to area residents. However, staff noted a grocery use was allowed, but not required. Post - Transmittal GHG Analysis (contained within the GMPA Cycle binder): The applicant's analysis, including most assumptions used - with the exception that 100 percent of the employees will reside in the Estates - and the conclusions reached, is found to be reasonable by staff given the limited roadway network and current commercial and employment opportunities within the Estates area. The project will provide alternative retail and office uses, and employment opportunities proximate, to area residents, thereby resulting in the reduction in vehicle miles traveled. I Commercial Needs Analysis (Exhibits G1, G1 a, GI b): As part of the post - transmittal project re- submittal package, the petitioner provided revised data to address the "Neighborhood and "Community commercial demand within the project's primary and secondary trade areas. (The applicant also submitted one table and two graphs to display commercial demand and supply within the Estates Designation; generally, all of the Estates lying 2 -miles east of Collier Blvd. Staff did not analyze this data - Exhibits H1, H1a, H1 b.) The revised data reflects the removal of other competing commercial amendments that were withdrawn from the GMPA Cycle; the removal of Petition CP- 2008 -1, Golden Gate Estates Shopping Center Subdistrict (proposed 210,000 sq. ft. with grocery use) that will appear on the November referendum to gauge voter support for that petition; and the elimination of the "1.25 commercial market factor" (discussed in detail in the Transmittal Executive Summary) allowed /recommended by the Department of Community Affairs for determining commercial demand. Staff's analysis and conclusions are below. The petitioner's commercial demand data is based on the commercial square feet demand (source: CIGM) generated by the existing and projected population (source: CIGM) within the petitioner's defined primary and secondary trade areas (the trade area generally includes the Estates designation east of CR 951, north of Golden Gate Boulevard, with some exceptions, and Orange Blossom Ranch PUD and Orange Tree PUD - refer to attached map) compared to the existing and projected commercial supply within that same Trade Area to determine the oversupply or undersupply of commercial sq. ft. within the Trade Area. The petitioner's assumptions contained within the data (exhibit G1) include: • Trade Area projected Population by year based on 2007 estimates and projections - 27,903 in 2010; 34,434 in 2015; 41,371 in 2020; 47,486 in 2025 and, 52,812 in 2030 • Community Commercial projected Demand (sq. ft.) by year - 208,714 in 2010; 257,566 in 2015; 309,455 in 2020; 355,195 in 2025; and, 395,034 in 2030 • Neighborhood Commercial projected Demand (sq. ft.) by year - 235,780 in 2010; 290,967 in 2015; 349,585 in 2020; 401,257 in 2025; and, 446,261 in 2030 • Community Commercial projected Supply (sq. ft.) by year - 0 in 2010; 200,00 in 2015; 490,950 in 2020; 540,950 in 2025; and, 540,950 in 2030 • Neighborhood Commercial projected Supply (sq. ft.) by year - 0 in 2010; 60,000 in 2015; 160,000 in 2020; 210,000 in 2025; and, 330,000 in 2030 *Neighborhood Commercial (per ULI standards, used in the CIGM): • Neighborhood Centers provide for the sale of convenience goods (food, drugs and sundries) and personal services. A super market is the principal tenant - geographic convenience is the most important factor in the shopper's choice of supermarket. • Center is typically 50,000 sq. ft of gross leasable area - range from 30,000 to 100,000 sq. ft. • Center is typically 3 to 10 acres- trade area population is 2,500 - 40,000, within a 6 minute drive. * *Community Commercial (per ULI standards, used in the CIGM): • Community Center - 150,000 typical gross leasable area - range from 100,000 to 300,000 sq. ft. • Center's major tenant s are variety, discount or junior department stores and grocery • Center is typically 10 - 30 acres, trade area population of 40,000 to 150,000 ** *Other Commercial: • The CIGM addresses Neighborhood, Community and Regional Commercial only. The "other" category includes commercial development not located within one of these types of commercial centers, such as office parks; freestanding retail uses (convenience store, pharmacy, gas station, etc.); small commercial centers without a grocery anchor; etc. 7 Based on the timing and market viability considerations within the petitioner's defined Trade Area, the following conclusions are made by the petitioner, followed by staff analysis /commentary in brackets (staff's analysis /commentary is limited to the County's 10 -year planning horizon as required by the Department of Community Affairs): • In year 2010, there will be a projected demand of approximately 235,780 sq. ft. of Neighborhood commercial and a projected demand of approximately 208,714 sq. ft. of Community commercial, with a projected deficit of the same amount for both Neighborhood and Community commercial. (Staff concurs with the petitioner's findings — Orange Blossom Ranch PUD is not expected to be built in year 2010.] By year 2015, there will be a Neighborhood commercial projected demand of approximately 290,967 sq. ft. and a Neighborhood commercial projected supply of 60,000 sq. ft. [The 60,000 sq. ft. supply (existing Orange Tree PUD) referenced by the applicant cannot be included in the Neighborhood commercial supply since the development does not include a grocer, the 100, 000 sq. ft. proposed by the GMPA (first project phase) should be categorized as Neighborhood commercial since there is a requirement to develop a grocery use, the 100,000 sq. ft. identified in the Orange Blossom Ranch PUD may either be categorized as Neighborhood commercial - if a grocer is included, or ""other" - if no grocery use is included, and, both the subject GMPA and the Orange Blossom Ranch PUD cannot be categorized as Community commercial in year 2015 due to the limited square feet proposed. Staff concludes that the Neighborhood supply in year 2015 is potentially 200, 000 sq. ft. with a deficit of approximately 90,967 sq. ft. within the petitioner's defined trade area.] By year 2015, there will be a Community commercial projected demand of approximately 257,566 sq. ft. and a projected supply of 200,000 sq. ft. [The Community commercial supply is 0 sq. ft. as the two projects listed, the proposed GMPA and the Orange Blossom Ranch PUD, cannot be categorized as Community commercial because both projects do not meet the Community commercial sq. ft. thresholds. Staff concludes that the Community commercial projected supply in year 2015 is 0 sq. ft. with a projected deficit of approximately 290,967 sq. ft.] By year 2020, there will be a Neighborhood commercial projected demand of 349,585 sq. ft. and a projected supply of 160,000 sq. ft. (The 60,000 sq. ft. supply (existing Orange Tree PUD) referenced by the applicant cannot be included in the Neighborhood commercial supply since the development does not include a grocer, the 100,000 sq. ft. supply pending in the Orange Tree PUD may or may not be categorized as Neighborhood commercial depending on whether the project includes the development of a grocery use, the 150, 000 sq. ft. referenced for the Orange Blossom Ranch PUD will be categorized as Neighborhood, Community or "other" commercial depending on uses developed within that PUD. Staff concludes that the Neighborhood commercial supply could be potentially 100,000 sq. ft. (Orange Tree PUD — pending sq. ft.), 250, 000 sq. ft. (Orange Tree PUD — pending sq. ft. plus Orange Blossom Ranch PUD) or 0 sq. ft. (assume that no grocer is developed within the Orange Tree PUD — pending sq. ft. and the Orange Blossom Ranch PUD) with a projected deficit of approximately 249,585 sq. ft., 99,585 sq. ft. or 349,585 sq. ft. respectively.] • By year 2020, there will be a Community commercial projected demand of 309,455 square feet and a Community commercial projected supply of 490,950 sq. ft. (The Community commercial projected supply will be either 340,950 sq. ft. (Randall Blvd. GMPA sq. ft. only) or 490,950 sq. ft. (assume the Randall Blvd. project and the Orange Blossom Ranch PUD develop with uses consistent with those uses in a Community commercial center). Staff concludes that by year 2020 there will be a projected oversupply of Community commercial sq. ft. of approximately 31,495 sq. ft. (assuming Randall Blvd. GMPA is the only Community commercial center) or 18 1, 000 sq. ft (assuming both the Randall Blvd. GMPA and the Orange Blossom Ranch PUD are developed as Community commercial centers). Based upon the uses and square feet allowed by the Randall Blvd. Commercial Subdistrict, it is expected to transition from a Neighborhood commercial center to a Community commercial center.] Staff conclusion and recommendation: Based on the data submitted by the applicant, staff concludes that within the petitioner's defined trade area there is a projected demand for Neighborhood commercial sq. ft. in years 2010, 2015, and 2020; and, a projected demand for Community commercial sq. ft. in years 2010 and 2015. However, staff still does not recommend approval of this petition as we believe a comprehensive review of the Master Plan should first be conducted to evaluate the commercial needs (square feet, range of uses, and type of centers) and other non - residential needs of the Estates population east of C.R. 951 and to determine the appropriate location[s] to serve those identified needs. 9 -16 \RLOIIE-�-� - GLADES - I op 22 23; 1 20 21 19 20 /21 22 D E LEE HENDRY 27 26 -25- 30 29 28 27 BRIOARE 29 28 - COLLIER -D D II f AMONROE 32 33 34 35 36 31 32 33) 110-4. MONROE 4 6 394 5 3 4 3 2 1 390 6 41 mill 111111 swell IN-11111110 IF - - - -- �95 11 7 8 9 10 12 7 12 20 15 13398 18 17 16 15 14 13 18 17 16 400 01L--WE6L-ROA9- 24 22 23 399 19 20 21 22 23 19 20 24 IUUf%&eAl CC 28 2 26 25 30 29 28 27 6---- --25- 29 393 391 396 216 7 T Z NUMBERS 33 34 35 36 31 32 33 34 32 36 3mm 2 1 218 5 4 215 3 21 214 6 213 3 4 6 5 10 11 121 i 7 1 - 4- ---- 8 236 z 235 234 10 9 0 11 > 12 7 8 >1 co 14 113 1$ 0 17j 15, 14 13 150D� ' 17 > wl Ti 2Z 23 24 20 21 22 23 I 24\ —is-1: -20- 27,-. 29 28 27 i 26 3().. 36 32 33 34 35 84 LEGEND 9 —mm RANDALL BLVD GMPA SITE MARKET ANALYSIS AREA 311 2 PRIMARY TRADE AREA 76 5 4 SECONDARY TRADE AREA N EVERGLADES BLVD \ IMMOKALEE ROAD ROAD NEIGHBORHOOD CENTER GOLDEN GATE BLVD \ EVERGLADES BLVD NEIGHBORHOOD CENTER GOLDEN GATE BLVD \ WILSON BLVD NEIGHBORHOOD CENTER LAND SECTIONS 10 Feet 8 9 34120 ZIP CODE !F 0 3,000 6,000 12,000 L L DAVIDSON ENGINEERING, INC. 3530 KRAFT ROAD, SUITE 301 NAPLES, FLORIDA 34105 RANDALL BOULEVARD GMPA DAVID50N PHONE (239) 434-6060 FAX (239) 434-6084 , N GIN E C R f N G COMPANY ID. NO. 00009496 MARKET ANALYSIS AREA OVERVIEW 2A Go&erC i ,. FRi .FESRUARY,26. 2090 �F hether good :. W the �yif their conclusions • times or <� a re lfirn l3 lacy d' bachu p in the the Hof "pages dport bad, puMu- ing the de- come€` ix ove€" 38,W more 2 thmore eir re ses ` e Tin portant questions concerning how panther relopment of an area onsidered environmen QCt•'eStrll�f6 t"Z6ftnt l ,� ���' habitat slued be considered m ttl rai5 t rvrt rfcommends Ay sensitive is ..most ' ,. Eta —5 ertainly challenging.M There are many' levels 3, an the -Ev lades or Desoto `early Plaiinedr.nb inteiehageg at' %�s in the Everglades or. Desoto boulevards areas and )f environmental ` sensi- b0UIeVq?d�S:4veas... n even though supportive of a cap on the over - ivi and in Southwest t3' �; all;amount of developable acreage,: it recom- lorida, any project that. mends that, ...future development occurs first rentures into panther M C in Open Lands that ate within the Secondary iabitat can expect six Zon¢ before lands withra the Primary Zone are Aficant resistance. By Mark Strain merous studies written about what it takes for considered for conversimto urban uses." The Town of Big Cy. the panther to survive and recover' and they With all of this scientific detail, one item >ress has been in the works.for. years. The ail center on preserving layers of habitat, of 'the that seems to. be consistently omitted in. the andowners have spared no cost to involve which panther seems to have three. The discussions on panther habitat is how to de- he public, hire all kinds of experts and move most sensitive is aptly named "Primary" then :fine it in a; measurable and consistent'way. veil into the permitting process.'Ibeir'efforts " secondary" and finally a Mdispersal" area, The mapping used to determine what is pri started many years ago during wore 'pros - each collectively working with the other. mary and secondary habitat fads to provide zerous times in our county. Since big plan- Most of the rural area of Southwest'Flarida an easily understood' standard that can be ling takes big timeframes, their procedure ends,up being considered as either- primary consistently applied, For .example, that area hrough the permitting maze is not nearly nor secondary habitat. Developments hoping defined as primary habitat is in open and completed.. All that changed last week, whenY. to build in primary habitat have attempted active agdcultural fields.. Panthers use the he owners put a halt, assumed to be tempo- to mitigate their damage to this habitat by fringe of farm fields that border their upland ary, on their plans for this new town in the conserving some other sensitive areas else- prime habitat and thus, the fields also contrib- ural area of Collier County. where. Within the area that was outlined as ute to their habitat; but just how far into the It is not good timing for a new town right The Town of Big Cypress there is a sigpifi- fields should be conod+erecl protected lands? tow, for that matter it is not good timing for cant amount of what mapping indicates is pri- If such a measurement: was mown it would ,ny development, new or existing. That a new mary habitat provide much- needed;cousiste own would be fina icialir feasible in the very A recent technical report, paid for by many Last Week, a lawstuti was filed, several tear future is unlikely, given the amount ofi�of the large 'landowners in eastern Collier organizations concerned with, the panther's ,xisting inventory and projects sitting idle County acid completed in Bober of last year survival and recovery. Their: suit disputes the a our area: Whether there are environmen- was an attempt to finally clear up the ques- allowamce of more development in primary al concerns or not,; considering our current lions and concerns relating to panther habitat and secondary habitat .• Based on the difficult conomy, moving forward at this time might in the Rural Lands Stewardship Area in east economy, anew r report that has yet to -m im- ;ot be the best decision. ern Collier County. The report was the work 1 " P `and thss :rierentlawsuit, a planned Ironically, even with 'a better economic situ - of six expert scientists in panther biolW and development suck. as -Big Cypress should be eion, chaflenges have been mounting for -new landscape ecology, they were assembled to cagtious until: the conawersy_surroundmg .evelopments in areas considered sensitive to proceed with the study independent of any how and to what extent panther Habitat can .ie endangered Florida panther. There are nu- agencies or private influence. be used is resolved As a Estate Resident (Off 8th Street NE) behind the proposed Randall Blvd. Proposed center, with many friends in the area and orange tree, this article by your chairman of the collier county planning commission is very clear, don't count on the collier family to 6 lane land Randall Blvd. and we don't want the enormous traffic that this center will bring, the developer is blowing smoke, I don't ever remember getting an invite to any of their meetings. I can't believe that you commissioners are falling for this old developer trick, hide facts, make up facts, option the property don't buy it, get it rezoned then flip it for big bucks, and leave the residents to deal with the aftermath. Wt, pV--O� % a N To Planning commissioners and To County Commissioners Some of us who live in the orange Tree and Valencia area's have finally opened our eye's and see what is going on with the so -called Randall Blvd center, and we don't like it one bit. You the commissioner approved this center, with no mandatory Major grocery store, which is what we need the most. I understand from the planning staff that the developers do not even own the land and that there are something like 16 different parcels, who have some kind of agreement to cooperate. I understand that the developer in that agreement told the property owners that he could sell their property for $750,000.00 per acre, that's over $17.00 per square foot. Sounds like bull to me. Sounds like a greedy developer getting ready, with your approval, to try to flip the property once he get's it rezoned. Now let me understand the developer wants to build 390,000 additional square feet worth of buildings on property over 3,000 feet long, along a two laned road, with no grocery store, no design to show us, no site plan showing open space , set backs, drainage parking, and no guarantee of central water and sewer like they are telling everyone, let's see what else is the developer not telling us, with your permission. We also understand that the developer is depending on the Big Cypress Development to come along, God knows when and 6 lane Randall Blvd. for them. Have you been paying attention to our Florida economy, we don't think so not in the next ten years. We drive Randall Blvd. every day and it can't tape any more traffic, especially the kind this center will create. NO NO NO Not until it's at leased 4 laned. We also understand that the Florida Department of Community Affairs turned them down along with something called the SW Florida Planning Council. We also understand that there are three or four of the 16 original properties, backing out of the deal. We will be at the next meeting for sure because it sounds like some kind of hidden agenda here, sounds more like the government pushing something down our throats. Maybe we will be in favor some of a center when Randall Blvd. is four - laved, when we are guaranteed a major grocery store and when the developer owns the property and we get to see a complete design, after all we are the ones that must look at it every day. Co ems- Cor�.-hty ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF June 2, 2010 This is the Adoption review of two Growth Management Plan Amendment petitions that were previously reviewed by the EAC at Transmittal. Both petitions are part of the 2007- 2008 combined cycles of GMP amendments, including one 2009 cycle petition. Transmittal hearings on these amendments were held on September 2, 2009 (EAC), October 19 and 20, 2009 (CCPC), and on January 19, 2010 (BCC). The respective Transmittal recommendations /actions are presented below, following each petition number and title. For both petitions, the respective EAC staff report from the Transmittal hearings, which provides staff's detailed analysis of each petition, is attached. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT: After review of Transmitted GMP amendments, the Florida Department of Community Affairs (DCA) renders an Objections, Recommendations and Comments (ORC) Report. Only Objections can form the basis of a non - compliance determination, unless the adopted amendments vary significantly from those transmitted. if an Objection is not adequately addressed when adopted, then the DCA may (presumably will) find the amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC Report in one of four ways at Adoption: 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate if we believe DCA simply does not understand/has misunderstood the amendment] and /or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and /or provide additional data and analysis; or, 4. not adopt the amendment. In their April 5, 2010 ORC Report for the 2007 -2008 combined cycles of GMP amendments, DCA offers four Obiections relevant to these two petitions presented for EAC review; one Objection pertains to petition CP- 2008 -4, and three Objections pertain to petition CP- 2009 -1. Additionally, other state and regional review agencies offered comments /objections relevant to these two petitions. Those portions of the ORC Report relevant to these two petitions, including the comments from other state and regional review agencies, are attached The ordinance proposed for adoption includes text and map exhibits for each petition; those exhibits (unchanged since BCC Transmittal) are attached Each of the two petition submittals includes the petitioner's response to the ORC Report issues. PETITION CP- 2008 -4 Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re- designate from Rural Fringe Mixed Use District (RFMUD) Sending Lands to RFMUD Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of ±28.76 acres. Petitioners: John and Teresa Fillmore, of Fillmore, LLC a.k.a. Fillmore Recycling, or Yahl Mulching and Recycling. TRANSMITTAL STAFF RECOMMENDATION: Transmit to DCA. EAC RECOMMENDATION: Transmit to DCA (vote: 5 -0). CCPC RECOMMENDATION: Transmit to DCA (vote: 8/0), per staff's recommendation, and with requirement that the petitioner is to submit to staff prior to the BCC Transmittal hearing data and analysis regarding HB 697 (pertaining to greenhouse gas emissions, lowering vehicle miles traveled, etc.). [This was done and deemed acceptable by staff.] BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation. ADOPTION STAFF RECOMMENDATION: Adopt as transmitted, and remove reference to the 130 feet road right -of -way reservation — that issue can be addressed at time of subsequent development order review and approval. II. PETITION CP- 2009 -1 Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami- Dade /Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608± acres. Petitioner: Miami -Dade County. TRANSMITTAL HEARING STAFF RECOMMENDATION: Do not transmit to DCA. FAG RECOMMENDATION: Transmit to DCA (vote: 3 -2), subject to text changes. CCPC RECOMMENDATION: Effectively, no recommendation — motion to Transmit to DCA failed (vote: 4/4), subject to text changes. BCC ACTION: Transmit to DCA (vote: 4/0), per CCPC recommendation and further text changes. ADOPTION HEARING STAFF RECOMMENDATION: Do not transmit to DCA. l S Prepared By: �"` Date: David Weeks, AICP, GMP Manager Comprehensive Planning Section Reviewed By: �--- Date: ��"ZOro Sus Mason, Principal Environmental Specialist rmwater and Environmental Planning Section Reviewed By: Date: t) 5- I s - z ©I0 iI tam D. Lorenz, V., P. ., Director Engineering, Environmental, Comprehensive Planning and Zoning Services Department Approved By: Q&4� Date: Nick Casalang a, e uty Ad ior Growth Management Division 2007 -2008 combined cycles GMP amendments - Adoption (petitions CP- 2008 -4 and CP- 2009.1). Staff Report for June 2, 2010 EAC hearing. EAC Staff Report 07 -08 combined cycles - Adoption G: Comprehensive \Comp Planning GMP DATA\Comp Plan Amendments\2007 -2008 Combined Cycle Petitions dwl5 -17 -10 EAC Meeting: 2 September 09 Item VI.A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF September 2, 2009 I. NAME OF PETITIONER/PROJECT: Petition No.: CP- 2008 -4 Petition Name: RFMUD Sending Lands to Neutral Lands Re- Designation Request (Growth Management Plan Amendment) [Transmittal hearing] Petitioners: John and Teresa Fillmore, of Fillmore, LLC a. k. a. Fillmore Recycling, or, Yahl Mulching and Recycling The subject property consists of 28.7 acres located south and east of Washburn Avenue, and east of the Naples Landfill. The property lies within the Rural Estates Planning Community, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. II. DESCRIPTION OF SURROUNDING PROPERTIES: Subject Site: Application materials describe the site as "partially cleared and improved" with "existing mulching and recycling facilities ". The parcel is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belie Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the "Mulching and Recycling Facility'. County records indicate zoning activity as early as 1991, when a Provisional Use for a "Sawmill" was granted, plus a series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural Recycling)" use was approved. The site also serves as a facility engaging in the handling and recycling of non - horticultural waste — with concrete and reinforced concrete demolition materials most evident — which is not a use allowed by the present (or an earlier) Conditional Use. The Future Land Use Map designates the parcel Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). The present RFMUD Sending Lands designation would allow: participation in the Transfer of Development Rights (TDR) program; agricultural uses consistent with the Florida Right to Farm Act; habitat preservation and conservation; single - family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density; non - residential uses (e.g. passive recreation, essential services, sports and recreation camps, oil and gas exploration, development and production); and limited accessory commercial uses. -1- EAC Meeting: 2 September 09 Surroundina Lands: North: Across Washburn Avenue, is a single- family residence, nursery operation and a truck bam, zoned A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. West: Across Washburn Avenue, is a telecommunications tower on a vacant lot and a preserve area, zoned A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belie Meade [zoning] Overlay. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. East: a single - family residence and undeveloped land zoned A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. South: Across a main east -west canal and 1 -75, is undeveloped land zoned A, Rural Agricultural within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay. The Picayune Strand State Forest surrounds the undeveloped parcel located directly south. The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. In summary, the existing land uses in the area immediately surrounding or directly opposite the subject property are primarily rural -type residential and non - residential in nature. The present FLUM designation would allow the same Sending Lands uses in this area as on the subject property, except where restricted further by NRPA standards. Ill. PROJECT DESCRIPTION: This petition seeks to amend the Future Land Use Map (FLUM) and the North Belle Meade Overlay Map of the FLUE Map Series, to re- designate RFMUD Sending Lands to Neutral Lands. This pair of map changes effectually results with allowing RFMUD Neutral Lands uses on the subject property — specifically, to expand existing operations for the mulching and recycling of horticultural waste to add/make conforming the collection, transfer, processing and reduction of solid waste, mainly construction and demolition materials. Other allowed Neutral Lands uses include: agriculture; single - family residences at a 1 dwelling unit per 5 acre density, and multi - family structures; group housing units; non - residential uses allowed in Sending Lands, plus other park and recreation facilities, sports instructional schools, earthmining, public schools and community facilities; and, limited commercial uses (e.g. golf courses and driving ranges; and, zoos, aquariums and botanical gardens). Although the applicant indicates intent to develop the site further as a facility for the collection, transfer, processing and reduction of solid waste — of both horticultural and non - horticultural materials — once the re- designation occurs, the site will be eligible for any use allowed in the Neutral Lands designation. -2- EAC Meeting: 2 September 09 Staff points out the proposed map changes need to be accompanied by text changes to the Overlays and Special Features section of the FLUE— specifically the Sending Lands and Neutral Lands portions of the North Belle Meade Overlay provisions. Re- calculating the acreage figures given for the areas comprising Sending Lands and Neutral Lands, and re- describing the general locations and sections including Sending Lands and Neutral Lands is necessary. IV. GROWTH MANAGEMENT PLAN CONSISTENCY: Background and Considerations: The following is a summary of the background of the "Rural Fringe Mixed Use District' Originally adopted on June 19, 2002, for the Rural Fringe area of the County, an area generally located between the coastal Urban area and Golden Gate Estates. Due to legal challenges, the original amendments did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. [For reference, the most recent Conditional Use for the subject property was approved June 11, 2002, preceding the creation of the RFMUD.] GMP Future Land Use Element (FLUE) provisions for the Rural Fringe Mixed Use District, in part, read as follows: The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural /Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of -way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Receiving Lands are areas of lesser environmental value; accordingly, they have the least restrictive protection standards and broadest list of permitted uses. Residential density is -3- EAC Meeting: 2 September 09 allowed at 1 DU /5 acres; for parcels >40 acres, this density may be increased via TDRs to a maximum of 1 DU /acre. Neutral Lands have an intermediate level of environmental protection standards. Permitted uses are virtually the same as prior to the June 22, 1999 Final Order. Residential density is allowed at 1 DU /5 acres. These lands are "neutral" to the TDR program - they are not eligible to send or receive dwelling unit rights. For parcels >40 acres, clustering is allowed. Sending Lands are areas of higher environmental value; accordingly, they have more restrictive protection standards and a more restrictive list of permitted uses. Residential density is limited to 1 DU /40 acres, or pre - existing parcel size of <40 acres if created prior to 6/22/99. Residential density may be transferred at a ratio of 1 DU /5 acres, or pre- existing parcel size of <5 acres if created prior to 6/22/99 and lawfully existing; however, this will be reviewed further to determine if it is appropriate to have a variable ratio dependent upon a given parcel's value and/or proximity to the Urban area. Once development rights have been transferred (TDRs used), allowable land uses are further restricted - agricultural uses are allowed to continue but cannot be intensified. Comprehensive Plan Amendment Data and Analysis Requirements, Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance" sets forth the minimum data and analysis requirement for comprehensive plan amendments. More specifically, Section 9J -5.005 "General Requirements" delineates criteria for plan amendments in sub - section 9J -5.005 (2) "Data and Analysis Requirements." Sub - section 9J- 5.005(2) states, in part, "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue ... the Department will review each comprehensive plan [amendment] for the purpose of determining whether the plan [amendment] is based on data and analyses described in this Chapter and whether data were collected and applied in a professionally acceptable manner." The data and analysis submitted was prepared to support the proposed Rural Fringe designation change from Sending Lands to Neutral Lands. Submittal materials verify the existence of wetland areas, native vegetation, previous clearing, and conforming and nonconforming business activities on the subject property. Submittal materials also indicate a low probability for the presence of historically or archaeologically significant sites, as excerpted below: MR EAC Meeting: 2 September 09 The "CONCLUSIONS" section of the Ramsey Inc. Environmental Consulting, Protected Species Wildlife Survey Report — Spring 2009 provides a summary of data reported, and concludes with an analysis stating, in part, "Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; and provide a permanent flow way for the natural flow of water from the north ". The "OVERLAYS" subsection of the Ramsey Inc. Environmental Consulting, Re- Designation Evaluation of Fillmore/Yahl Mulchina Project from RFMUD Sendina to Neutral Lands — GMP Amendment CP- 2008 -4 provides a listing of decisions and reasoning leading to a conclusion that, "The (subject property) does not exemplify the characteristics listed for Sending Lands. However, it does better fit the Neutral Lands definition". The "CONCLUSION" section of the same Evaluation provides a collection of "accurate site specific data" for the subject property, and concludes, in part, "the most accurate land classification based on the RFMUD guidelines is Neutral ". Environmental Impacts: ➢ The Subject property has been partially cleared and utilized for mulching and horticultural recycling activities prior to the adoption of Rural Fringe Mixed Use District regulations. ➢ The original Rural Fringe Mixed Use District designations were based upon landscape scale analysis. Since then, proposals for re- designation have relied on site - specific environmental findings in order to demonstrate different property characteristics. ➢ Data and analysis is provided in an effort to demonstrate that the Sending Lands designation is not supported. Data reveals there is habitat conducive to use by some listed species on the site and, the site is within the ranges for panther and bear. Wetlands are also present. Data indicates listed species are not utilizing the site — based on surveys conducted. Listed species could still be utilizing the property but have not been documented through surveys. Under normal circumstances, the entire project area would demonstrate compliance with the preservation standard of Rural Fringe Sending Lands — preserving 80 % of native vegetation present. But because mulching and horticultural recycling activities preceded the adoption of Rural Fringe Mixed Use District regulations, it does not. Numerous environmental surveys have taken place on the subject property during and since 2001 and they reveal the clearing of vegetation to make room for operations. Certain FLUE provisions [through the CCME] exempted this project from the 80% Sending Lands native vegetation retention requirements so long as the previously approved mulching and horticultural recycling use was continued. The Rural Fringe Neutral Lands preservation standard is 60% of native vegetation present, not to exceed 45% of total area. This requirement will be applied during review of the subsequent Conditional Use application. A detailed evaluation of the data and analysis for the subject plan amendment was conducted by the Collier County Environmental Services staff and is set forth below: The environmental report prepared by Ramsey Inc. Environmental Consulting and submitted with this petition, dated May 1, 2009, indicates the following: -5- EAC Meeting: 2 September 09 The project site includes single - family homes; timber processing business with associated roads; cypress; and pine/cypress/cabbage palm habitats with varying degrees of impacts from the existing business and an old borrow pit site. The soils found on site are listed as Boca fine sand; Oldsmar fine sand, on limestone substratum; Rivera fine sand, on limestone substratum; and Holopaw fine sand, on limestone substratum. • The listed species survey conducted on site concluded that there were no listed species found foraging or nesting, and there were no signs of gopher tortoises, red cockaded woodpeckers, big cypress fox squirrels, Florida panther or Florida black bear. Non- listed species observed include 16 bird species, 3 mammals and 1 reptile. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the environmental report and provided the following comments: The site has been used for over a decade for mulching and recycling vegetative material. There is an approximately 12 -acre native vegetation preserve on the site. The site was in use before the adoption of the Rural Fringe Mixed Use District regulations and can continue the current use as approved by Conditional Use 02 -263 (as amended). The current 12 -acre preserve is approximately 3 times larger than the requirement for Industrial /Commercial sites in the Urban Designated Area, which is 15% of the native vegetation present before development occurs. Policy 6.1.6 exempts this project from Rural Fringe native vegetation retention requirements as long as the existing use is continued. Since the applicant is proposing a new use of the property, the Rural Fringe native vegetation requirements will apply. If the site is changed from Sending to Neutral, Policy 6.1.2 requires "A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved,...". This percentage will be applied to any remaining vegetation outside the existing conservation easement, if any, and will be calculated at the time of the next Conditional use review. The current, approximately 12 acre preserve shall be maintained under existing conservation easement limitations. Due to the sites proximity to the perimeter of the Rural Fringe boundary and the current state of the property, the change of this site from Sending Lands to Neutral Lands to accommodate the proposed new use will not have a significant impact on the remaining Sending Lands since the current use of the site pre -dates the Rural Fringe Sending Land regulations, and the new use will result in approximately one acre of additional native vegetation preserve. In summary, the proposed re- designation from Rural Fringe Sending to Neutral Lands has been accompanied by data and analysis that supports the re- designation. This proposal does not result in protection of an area of higher environmental value, but in the recognition and utilization of lands having an intermediate level of environmental value. Neiqhborhood Information Meeting Synopsis: A Neighborhood Information Meeting (NIM) was [duly advertised, noticed and] held on Wednesday, July 29, 2009, 5:30 p.m. at the Comfort Inn & Suites, located at 3860 Tollgate Boulevard, Naples. Approximately eight people other than the applicant's team and County staff attended. The applicant's agent provided a full description of the proposed amendment to the group, including the GMPA process, the Rural Fringe Mixed Used designation the TDR program, and the subsequent Conditional Use process. l� EAC Meeting: 2 September 09 The presentation indicated that preserve areas already exist on the site, and they would not change as a result of the expanded operations. No listed species are found on the site, and there will be no public facilities' impacts. The present and proposed uses were described, particularly the collection, transfer, processing and reduction of solid waste, mainly construction and demolition materials . Improvements accompanying the expansion would include construction of a new building and the addition of up to 10 new employees. Questions generated during the subsequent discussion focused on the nature of the proposed construction and demolition recycling activities, truck traffic and localized road conditions. No one in attendance expressed opposition to the project. The meeting was completed by 5:50 p.m. [Synopsis prepared by C. Schmidt, A1CP, Principal Planner] V. MAJOR ISSUES: This is a proposed amendment to the Future Land Use Element as specifically allowed by Florida Statutes. For those properties that are re- designated, they will be subject to all GMP requirements and limitations of the new Future Land Use Map designation, including the native vegetation retention requirements of the Conservation & Coastal Management Element (CCME). Subsequent zoning activity must include a request to modify ( "rezone ") the RFMU Overlay, changing the RFMU Overlay — Sending Lands — NBM Overlay designation of the subject property to RFMU Overlay — Neutral Lands — NBM Overlay. This request may precede, but can be concurrent with, the Conditional Use application. Vl. RECOMMENDATIONS: In view of the reviews and analyses provided within this report, staff recommends that the Collier County Environmental Advisory Council direct the applicant to prepare and submit revised application materials reflecting the text changes to the Overlays and Special Features section of the FLUE as described above, and forward Petition CP- 2008 -4, as revised, to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Community Affairs. Corby Schmi t, AICP, Principal Planner Date Comprehensive Planning Department -7- CAC Meeting: 2 September 09 1:1:0 z"TI1 ANIIII it David Weeks, AICP, Planning Manager Comprehensive Planning Department Laura Rot's# Senior nvironmental Specialist Environmental Services Department Susa Mason, Principal Environmental Specialist Env onmental Services Department APPROVED BY: J0696h K. Schmitt, A ministrator C�6mmunity Development & Environmental Services Division 1,,,,' Date Date . Date 7 4' Date G:IComprehensivelComp. Planning GMP DATAIComp. Plan Amendmentsl2007 -2008 Combined Cycle Petitions12008 Cycle PetitionstCP- 2008-41EAC Staff Report CP -08-4 Sending Lands Re- designation.doc �� N U r F. U �e z m� C7 W a --ter N N z 0 F ° Q z c� w , w4 x ca A o - z w > J a F z co a o w m A a � o PLO x w uj Lu co N U a U cD s VFWW � V S g� �Z w V�0 U=1 �Wg � � N Z I < a ru UZ rig ¢O< aoo CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in the Conservation Designation Agenda Item VI D Cv -r C'�147P ILY STAFF REPORT ENVIRONMENTAL ADVISORY COUNCIL TO: ENVIRONMENTAL ADVISORY COUNCIL FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: SEPTEMBER 2, 2009 I. NAME OF PETITIONER/PROJECT: Petition Number: CP- 2009 -01 Petition Name: PETITION NO. CP- 2009 -01: PETITION TO AMEND THE GROWTH MANAGEMENT PLAN [GMP] FUTURE LAND USE ELEMENT [FLUE] AND COMPANION FUTURE LAND USE MAP [FLUM] BY CREATING THE "DADE- COLLIER CYPRESS RECREATION AREA DISTRICT" IN THE CONSERVATION DESIGNATION [TRANSMITTAL HEARING] Applicant/Owner: Miami -Dade County 111 NW 1" Street, 29th Floor Miami, Fl. 33128 Agent: James A. (Andy) McCall, Park Planner Miami -Dade County Park and Recreation Department 275 NW 2nd Street, 4th Floor Miami, Fl. 33128 H. LOCATION: The property contains approximately 1,608 acres of land located within Sections 13, 14, 15, and 16 of Township 53 South, Range 34 East. It adjoins the Miami /Dade - Collier line north of U.S. Highway 41 and south of the runway of the Dade - Collier Training and Transition Airport and is located within the Big Cypress Area of Critical State Concern (ACSC) as is illustrated below. The following maps E CP-2009-0 1: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D illustrate the location and the proposed amendment to the Future Land Use Map [FLUM]. DAM-O== OYPSM MULWM AXPA DIOMM caaan cne - —..WA DRAFT EXHIBIT A [FLUM AMENDMENT] &-tot I •.t I On. I -. a. I i w. I 0=.6, 9 i to tt u Inn== ;,y kff NA 41) to 2.3 24 30 25 DAM-O== OYPSM MULWM AXPA DIOMM caaan cne - —..WA l 6 � 9 i to tt u ;,y j NA 41) to 2.3 24 30 25 CP- 2009 -01: "Dade- Collier Cypress Recreation Area District' ' in Conservation Designation Agenda Item VI D III. REQUESTED ACTION: The subject property is designated Conservation on the Countywide Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP). This petition seeks to amend the Future Land Use Element (FLUE) and the FLUM of the GMP to create the "Dade- Collier Cypress Recreation Area District" within the Conservation Designation to allow for a variety of outdoor recreation activities, including trails for the operation of off - highway - vehicles (OHVs) *. * An OHV is defined in Section 261.03(6) of Florida Statutes as any all terrain vehicle (ATV), or off highway motorcycle (OHM) that is used off the roads or highways of this state and that is not registered and licensed for highway use under Chapter 320 of the Florida Statutes. IV. PURPOSE/DESCRIPTION OF PROJECT: The applicant, through its attached application related to CP- 2009 -01, is requesting approval to establish the "Dade - Collier Cypress Recreation Area District" (District) in the Conservation Designation of the FLUE and to show this District on the FLUM so as to accommodate a future rezone to allow for the development of the District. The applicant proposes the following uses within the proposed new District: 1. visitors' center building — for administrative offices, orientation area, meeting room, and restrooms - not to exceed 2,400 square feet; 2. parking lot limited to a capacity of 80 passenger vehicles and associated trailers; 3. primitive camping; 4. recreational vehicle camping; 5. fishing piers and docks; 6. multi -use trails for pedestrians and bicycles; wildlife viewing platforms and overlooks; 7. archery range; 8. OHV trails; and 9. other uses as allowed in the Conservation Designation. The existing Conservation Designation allows all of the above listed uses — in context as a passive recreational use or as a component of a conservation or habitat preservation use - with the exception of the proposed OHV usage. With respect to OHV usage, the applicant indicates on page 5 of 14 of Appendix V.D.5.b (Data and Analysis for the Proposed Uses), intent to limit OHV use to: • All Terrain Vehicles (ATVs). ATV is defined by Section 261.03 (2), F.S. as follows: (2) "ATV" means any motorized off - highway or all- terrain vehicle 50 inches or less in width, having a dry weight of 1,200 pounds or less, designed to travel on three or more nonhighway tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. "; and CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D Motocross vehicles (Off- Highway Motorcycle or OHM). Although not defined in the application or within Section 261.03, F.S., a dictionary definition of "motocross" reads as follows: "cross country racing on motorcycles ". OHM is defined in Section 261.03(5), F.S. as follows: (5) "OHM" or "off - highway motorcycle" means any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped. " V.GROWTH MANAGEMENT PLAN CONSISTENCY: With respect to environmental review of this project, staff has reviewed the data and analysis provided in the application including, but not limited to: • Appendix V.C.1: FLUCCS Map • Appendix V.C.2a: Summary Table of Federal and State Plant and Animal Species • Appendix V.C.2b: Panther Bear Telemetry Map * Appendix V.D.5b: Data and Analysis for the Proposed Uses • Appendix V.D.5b. 1: Off - Highway Vehicle Trails Feasibility Study • Appendix V.E.1d: Drainage Staff further reviewed this application within the context of the directives provided within the Growth Management Plan (GMP) and the Land Development Code (LDC). Considerations and Appropriateness of Change: OHV usage .......existing and proposed Existing OHVs limitations. Generally, recreational use of OHVs is presently not allowed in the Conservation Designation except on lands established for conservation/preservation purposes (e.g. state and federal parks, preserves and refuges) for which a management plan has been prepared, and publicly vetted, that includes OHV use as a component. An example would be the Big Cypress National Preserve, which allows all terrain vehicles (ATVs), swamp buggies and airboats within certain areas of the Preserve and subject to restrictions. Proposed OHVs limitations under this project. OHVs, under this Growth Management Plan Amendment (GMPA), would be allowed as a recreational use limited to the proposed 1,608 -acre "Dade - Collier Cypress Recreation Area District" site as outlined in Appendix V.D.5b of the application entitled, "Data and Analysis for the Proposed Uses". Reaching this site would involve an approximate 1 to 2 hour drive for most residents in Lee and Collier Counties. Other existing or potential nearby OHV parks. In addition to the proposed new District, the following is a status of other competing projects: (1) Lake Trafford de- mucking site. This approximate 640 -acre site is located in the northwest corner of the Immokalee Urban Designated Area. Reaching this site is an approximate 30 to 45 minute drive time for most Lee and Collier County residents. The site is designated Low Residential Subdistrict in the Immokalee Area Master Plan and CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D the proposed use of this site for OHVs has been publicly vetted. The site was filled in 2005 and 2006 with dredge spoils removed from the bottom of Lake Trafford. South Florida Water Management District ( SFWMD) is the current owner. However, a 2003 agreement between Collier County and SWFWMD provides that Collier County would become the owner of the site for future use as an OHV park. However, recent soil tests have shown that the Lake Trafford dredge material placed on site is contaminated and the site may not be economically feasible for the intended OHV use. At this time Collier County and SFWMD are attempting to resolve this problem and Collier County is looking at other options to satisfy the OHV park demand. Collier County recently voted to sue the SFWMD because SFWMD has thus far not fulfilled their commitment to the Collier County Board of County Commissioners (BCC) relative to this 640 acre site. (2) Redneck Yacht Club in Charlotte County. This 800 -acre privately -owned site is located in Punta Gorda and was made open to the public in January, 2009, as ATV park. A July 26, 2009, Naples Daily News article indicated that this site drew approximately 15,000 guests during Memorial Day weekend. In addition to ATVs, this site also accommodates hundreds of tents, pop -up campers, and recreational vehicles, providing for multi -day guest visits. According to its website, this is "Florida's Largest Off Road Park" and is for use by swamp buggies, ATV's, trucks and Jeeps. It is open weekends only. This site is estimated to be an approximate 45 minute drive from the Collier -Lee County line at I- 75. Finally, there has historically been unauthorized ATV use on lands now owned by the State of Florida and known as Picayune Strand State Forest. When the State assumed control of these lands, it needed control of the road easements as well. An agreement was reached between the State and the BCC whereby the BCC relinquished the road easements to the State and the State ( SFWMD) committed to find a Section of land in Collier County for ATV use. The intent of providing an ATV park facility in Collier County is to provide a legal opportunity for OHV owners to enjoy the use of their vehicles in a safe managed facility. Proposed National Park Service OHV use in the Big Cypress National Preserve (BCNP). A National Park Service (NPS) Off Road Vehicle (ORV) proposal for the BCNP Addition (147,000 acres of land added to BCNP in 1988) is indirectly related to the subject petition in that the BCNP lands surround the subject project site. The draft NPS General Management Plan, currently under public review, is intended to: (1) define how to best protect the 147,000 acres of additional lands; (2) identify appropriate areas for visitor access and facilities; and (3) determine how the NPS will manage its BCNP operations. These lands have been closed to recreational motorized use and hunting since 1996, when the NPS took control of the land. The only public use that has been allowed has been hiking, bicycling and camping, with the exception of motorized boating in the canals and waterways adjacent to SR 29. This NPS General Management Plan would introduce up to 140 miles of ORV trails into the BCNP, which trails also would be available for hiking, 5 CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D bicycling, and horseback riding. This General Management Plan must be approved by Congress before it becomes effective. For further information, the "Big Cypress National Preserve Addition, Draft General Management Plan/Wilderness Study /Off -Road Vehicle Management Plan/Environmental Impact Statement" prepared by the NPS, may be viewed in its entirety at the following web site: httv: / /varknlanning.nps. 2ov /document. cfin ?parkID=3 52 &proj ectld= 11164 &documentID=2 7329 Consistency with the Conservation Designation of the FLUE A portion of the Conservation Designation of the FLUE is provided below (in italics) with staff analysis immediately following. "The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County, which are primarily owned by the public, although private in- holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier- Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor- Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired by public entities or private land management or conservation groups. Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non - residential uses. The following uses are authorized in this Designation: f. Passive parks, and other passive recreational uses; " Land Development Code (LDC), Section 1.08.02, defines "Passive Recreation" as follows: "Passive Recreation: Activities characterized by a natural resource emphasis and non - motorized activities. These activities are deemed to have minimal negative impacts on 6 CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D natural resources; or are consistent with preservation, enhancement, restoration and maintenance goals for the purpose of habitat conservation. Examples ofpassive recreation include, but are not limited to, bird watching and nature study, swimming, picnicking, hiking, fishing and hunting, where appropriate. " Staff emphasizes the LDC words, "non- motorized activities ", because the expressed intent of the Conservation Designation and the LDC is to limit recreational activities to passive non - motorized recreational activities. The proposed "Dade - Collier Cypress Recreation Area District" is within and surrounded by an environmentally sensitive area of Collier County designated Conservation on the FLUM and located within the ACSC; is approximately 50 miles from the coastal Urban Designation of the FLUM; and is located a similar distance from the Miami -Dade County and Broward County urbanized areas. A majority of users of the subject site could be expected to come from these urbanized areas, as well as from the Golden Gate Estates and Rural Fringe areas. The proposed OHV use is a departure from the intent of the Conservation Designation, which is the reason for this proposed GMPA. The intent of the Conservation Designation is to, "conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. " Specifically, the proposed government- sponsored OHV usage is unlikely to lead to the conservation and maintenance of the natural resources of Collier County. Secondary negative cost and environmental impacts resulting from the development of this District include: the approximate 50+ miles drive (one or more hours of travel time) from the nearest major urban populations; related out -of- pocket travel costs; and environmental impacts generated by the act of driving to this site. The applicant, in a July 10, 2009 letter immediately following the application cover letter, has addressed Florida House Bill 697, adopted into Florida law in 2008, as it would relate to CP- 2009 -01. This bill went into effect on July 1, 2008. Some key phrases in the legislation include: "discouragement of urban sprawl "; "greenhouse gas reduction strategies"; "transportation strategies to address reduction in greenhouse gas emissions from the transportation sector ". Among other things, it requires certain amendments to the Growth Management Plan (future land use element and map, housing element, transportation element, conservation and coastal management element) which would be initiated by Collier County. However, in the interim (and perhaps beyond), each GMP amendment petition should include data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. The applicant did not quantify the amount of greenhouse gas (GHG) emissions which might occur because of this project. Rather, the applicant states that the site's location and the limited number of annual visitors will result in a small impact on the creation of GHG. Further, the applicant states that the GHG emissions impact within and near the subject site will be largely offset by the number of lives that are saved by the reduction in the use of dangerous, illegal, and unmanaged recreation sites. Staff finds that the applicant did not adequately address and quantify the impact on GHG emissions which could be expected to be generated from the proposed intensification of use of the subject property. No data and analysis was provided to demonstrate how this project discourages urban sprawl and reduces greenhouse gas 7 CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D emissions. It is the understanding of staff that DCA will be reviewing GMP amendments for compliance with this legislation. Further, the Conservation Designation includes private in- holdings and privately owned conservation areas, in addition to the publicly owned lands. The establishment of the "Dade - Collier Cypress Recreation Area District" and related OHV usage may lead to other future private or public petitions for the establishment of other similar uses within the Conservation Designation. In summary, the introduction of OHV uses into the Conservation Designation will result in: • additional traffic, both from licensed passenger vehicles and OHVs; • increased greenhouse gas emissions; • increased environmental impacts to this environmentally sensitive area; and • lengthy travel times by users of this site. In conclusion, this petition is contrary to the intent of the Conservation Designation and maybe found inconsistent with the Conservation Designation. Consistency with the "T. Mark Schmidt Off - Highway Vehicle Safety and Recreation Act" This Act was signed into law in 2002 with the intent to "create new opportunities for OHV users (specifically ATV and OHM users) while safeguarding the integrity of Florida's natural resources ". This Act is referenced on page 22 of Appendix V.D.5b.1 of this application entitled Park and Recreation Department Off-Highway Vehicle Trails Feasibility Study for Miami -Dade County; August, 2007 (Study). Page 20 of this Study states that, "The other sites [other than the subject site] offer potential opportunities for permanent OHV facilities. The Lands East of the Homestead Speedway and the FRS Holdings sites, both located in south Miami - Dade County, share many physical characteristics with the preceding [the subject site] while having fewer environmental constraints, but are less suitable overall because of their ownership composition. " Based upon staff review of this application and this Study, there is insufficient evidence presented to document that the proposed project will "safeguard the integrity of Florida's natural resources" as is the intent of the Act. Further, this site is the most environmentally sensitive site of the top contending sites analyzed within this Study. Staff concludes that the potential on -going environmental impacts associated with the subject site, as well as economic and travel time costs associated with traveling to the subject site by potential OHV usage primarily by residents of urbanized Miami -Dade, Broward and Palm Beach Counties, would be lessened by choosing the Homestead Speedway or FRS Holdings site for OHV use. In summary, the proposed OHV site in Collier County may not be consistent with the intent of the T. Mark Schmidt Off - Highway Vehicle Safety and Recreation Act in that this site's use for OHV activities fails to safeguard the integrity of Florida's natural resources by 8 CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D introducing this more intensive active recreational activity into the Conservation Designation. Engineering and Environmental Services Department Review Comments Staff requested a detailed desktop analysis of non -tidal ACSC lands within the Conservation designation as shown on the Future Land Use map as a comparison for why this site is the most feasible for the proposed use and how this site is different from other Conservation designated areas such that the proposed use is appropriate. The applicant has declined to provide staff with this information. The environmental report prepared by Miller Legg and submitted with this petition, dated July 2009, indicates the following: The project site includes mixed wetlands hardwood; dwarf cypress; cypress; cypress /mixed hardwoods; wetland scrub; freshwater marsh, disturbed; exposed rock with marsh grasses; borrow areas; and fill areas. Besides the borrow pits and fill areas, which account for approximately 7 percent of the site, the entire site is wetlands. • The summary table of listed species known to inhabit the site or similar habitats as found on site indicates that there are thirteen potential state and federal listed animal species and eight potential protected plant species that could be found on or utilizing the site. The site lies within primary panther habitat and the far most western portion lies within primary bear habitat with the remainder of the site lying in secondary bear habitat. A detailed listed species survey will be required at the time of the rezone. The project site shows disturbance by illegal trespass in the form of numerous OHV trails which cross the property in all directions and also unpermitted camp sites. The applicant proposes to keep or create 15 miles of trails, 5' — 12' in width for OHVs and restore 7 miles of existing trails to their natural condition. The trails would be stabilized. Ten miles of hiking, bicycling and wildlife trails would be retained or created out of an existing trail length of 27 miles. Some of the trails may be realigned to restore natural sheet flow to the area. However, the drainage plan indicates the perimeter of the property would be bermed, limiting sheet flow across the site from surrounding areas. This plan also indicates the existing borrow pits would be used for storm water management, which will require underground piping and dry retention for pretreatment resulting in further wetland impacts. The stormwater management system will be finalized before the final development plans are approved. A hydrologist with Big Cypress National Park has indicated the site is flooded most of the year. Approximately the western third and the north half of the site, which is predominately dwarf cypress, is flooded from June through January and the rest of the site is flooded from June through March. CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D The Florida Fish and Wildlife Commission (FWC) maintains a Wildlife Management Area on and surrounding the site and has submitted preliminary informal comments that have been attached to the staff report, see Attachment 1. The petitioner has not submitted adequate data to support the proposed uses; therefore Engineering & Environmental Services staff cannot support the petition and recommends to not transmit to the Department of Community Affairs. If the petition is forwarded with a recommendation to transmit, Engineering and Environmental Services Department staff recommends the following changes to the proposed text: Recommended changes to text on Page 87 of the FLUE: recommended changes in red underlined (addition)/fed striloetlffee (deletion). Staff comments are shown in bold italics. A. Dade - Collier Cypress Recreation Area District Development within this District, except for trails, may be concentrated on already disturbed area along the western portions of the site, primarily in Section 16. This District will be exempt from Policy V.A. Ld of the FLU, Section II. Implementation Strategy, in that it will not be required to protect all wetland plants as described by this section. The 10% ACSC site alteration limit will still apply. The drainage and storm water management systems for this District may sh,ll_be designed to be compatible with environmental site assessments, development and mitigation strategies, environmental enhancements and regulatory requirements. At the time of rezoning, an adaptive comprehensive management plan shall be provided that includes: 1. OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs on public land. OHVs for this site shall be limited to ATVs and motocross vehicles. Swamp buggies are prohibited. The applicant has stated in the Neighborhood Information Meeting and the application these limits to OHV use, which should be added to the text. 12. D :., ien to est distu fba ee t . o .toil by deyelopffie tin the n GSG ...t a fe .ma-voidable up to „ maximum e f 10% of the ..,,1. ee site ai-7ea. This section is not necessary. 10% site alteration is already allowed, and compliance will be demonstrated as stated in #I L VI. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The NIM, as required by LDC Section 10.03.05, was conducted on August 3, 2009 at the Oasis Visitor's Center — Big Cypress National Preserve after the agent/applicant duly LI CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D noticed and advertised the meeting. A total of 13 people attended this NIM and the following is a synopsis of this NIM: [Synopsis prepared by Thomas Greenwood, AICP, Principal Planner] • Remarks, concerns, and questions vetted: 1. The question of being able to access adequate medical attention was responded to by stating that the availability of cell phones, 800 mhz radios and medical kits on -site will allow timely access to medical attention. It was stated that the Ochopee fire station response time to the subject site is approximately 30 minutes. • Major issues /contentions: none • Positive comments /approvals: 1. The location of this park and its remoteness from emergency services is superior to being in the middle of the Big Cypress National Preserve. 2. A person stated that he is not an "OHV guy" but supports the other proposed uses of the site. • Agent/applicant/developer statements of commitment: 1. OHVs will be limited to ATVs and motocross. Swamp buggies will not be allowed. 2. The park will be closed during dry and wet seasons. 3. Approximately one half of the existing OHV trails will be removed and the remaining trails will be hardened for use for OHVs, hikers, and bicyclists and only about 1 /10 of 1% of the 1,608 -acre site will be devoted to trails. 4. Collier County and Miami -Dade County have each approved resolutions indicating an interest in developing this site as a park for OHV use in order to reduce the amount of OHV trespassing, loss of life, wildfires and damage to natural and agricultural areas and as a functional replacement for the 2005 closure of the Picayune Strand which was previously used by OHV riders. 5. Users of the OHV trails will need to show proof of OHV registration with the State of Florida and pay a fee. 6. The old trails, not proposed for use, will be removed before the OHV trails are open for public use. VII. RECOMMENDATIONS: Staff recommends that the Environmental Advisory Council forward Petition No. CP- 2009-1 to the Board of Collier County Commissioners with a recommendation not to transmit this petition to the Florida Department of Community Affairs. PREPARED BY: f / THOMAS GREENWOOD, AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING DEPARTMENT ,F--7- d? DATE CP- 2009 -01: "Dade- Collier Cypress Recreation Area District" in Conservation Designation Agenda Item VI D RE WED BY: DAVID WEEKS, AICP, PLANNING MANAGER DATE COMPREHENSIVE PLANNING DEPARTMENT All,� LAURA ROYS, SENOR ENVIRONMENTAL SPECIALIST DATE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT S'USAN.MASON, PRINCIPAL ENVIRONMENTAL SPECIALIST DATE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT s` APPROVED BY: JO,4EPH K. SCHMITT, ADMINISTRATOR C MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE EAC Staff Report CP- 2009 -01 Dade - Collier Cypress Recreation Area District G: Comprehensive/Comp. Planning GMP DATA/Comp. Plan Amendments/2009 Petitions/CP- 2009 -01, EAC docs TG 9 -2 -09 meeting. 12 CP- 2009 -01: "Dade- Collier Cypress Recreation Area District' in Conservation Designation Agenda Item VI D ATTACHMENT 1 Note: The following comments were received by email to staff. Please note that FFWCC is a partner with property owner and Jetport Conservation and Recreation Club, and we support both historical and future appropriate recreation and conservation of the Jetport area. Please note that at this time we are interested in what is proposed, and can provide specific comment(s) when more information becomes available. In the interim, some potential issues fish, wildlife and recreation might include: PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT FORMAL COMMENTS • Traditionally, hunting within the proposed recreation area was limited and occurred mainly north of the airport, but impacts to recreational hunting and wildlife habitat might occur from increased disturbance (i.e. vehicle/human activity) in the project area. In particular, deer and snipe hunting, as well as wading bird, black bear and panther foraging. • Soils in the Jetport area are very shallow /sensitive to disturbance, and the stability of proposed trail system is of concern due to potential for increased erosion and loss of wildlife habitat. • Our office partner with the Jetport Conservation and Recreation Club on a number of natural resource management projects such as exotic plant control, and there is concern that increased activity in the area might increase the spread of exotic plants and animals in the area. • The Jetport area is a remote location with numerous existing trails north of the proposed recreation area without gates or fences restricting access, and there is concern that people will not stay within designated areas. • Big Cypress Preserve issue permits to use off -road vehicles within the area, and there is concern that people will enter BCP without appropriate authorization. Please keep our office in mind during further outreach and consultation. Thanks, Tad Bartareau, Fisheries and Wildlife Biologist 11 Florida Fish and Wildlife Conservation Commission 566 Commercial Blvd. Naples, FL 34104 -1709 Phone: (239) 643 -4220 Cell: (239) 253 -5752 Fax: (239) 643 -0385 Tad.Bartareau@MYFWC.com 13 Big Cypress Gallery 52388 Tamimai Trail East, Ochopee, FL 34141 (239)695 -2428 fax (239)695 -2670 www.clVdebutcher.com May 19, 2010 Mr. David Weeks, Director Collier County Growth Management Planning 2335 Orange Blossom Dr. Naples, FL 34109 -8840 Dear Director Weeks, Enclosed are copies of the signatures collected from concerned individuals in opposition to the proposed use of 1600 acres for an off -road vehicle park at the Dade - Collier Training and Transition Airport. Also enclosed is a resolution proposed by the Friends of the Everglades, that was adopted by them on April 11, 2010. We hope that the enclosed signatures and the resolution convince you that this proposed use of sensitive areas in the Big Cypress Swamp is not a good thing for our sensitive eco- system and would create damage that would take years to overcome. While we understand the desire of Miami -Dade county to create a revenue stream and of Collier county to create a place for residents that purchased off -road vehicles, with no property of their own, to ride them, we think that other areas could be utilized for the this purpose that were not in the middle of such fragile and environmentally sensitive lands. Please urge that the county commissioners reconsider their stance on this sensitive issue and keep the Big Cypress Swamp as it is, a beautiful and wonderful place to hike, canoe, camp and explore Florida in its natural state. Placing an off -road vehicle park in the middle of this wilderness would be the same as building the Dade - Collier Training and Transition Airport all over again. Please do not allow this to happen. Thank you for your time and consideration in this matter. Sincerely, Clyde and Niki Butcher Big Cypress Gallery Ochopee, FL SAVE BIG CYPRESS NATIONAL PRESERVE Friends of The Everglades Everglades.org Whereas Friends of the Everglades was founded in 1969 by Marjory Stoneman Douglas to stop the Everglades Jetport in the middle of the Everglades, now the Big Cypress National Preserve, Whereas the successful effort forty years ago engaged thousands of members of Friends of the Everglades, Whereas today members of Friends of the Everglades recreate in and enjoy the Big Cypress National Preserve and the surrounding Everglades, Whereas the Miami Dade County Commission and Collier County Commission recently proposed a 1600 acre site for off -road vehicles at the site of the former Everglades Jetport now known as the Dade - Collier Training and Transition Airport, Whereas Friends of the Everglades recently objected to a comprehensive planning amendment to site an off -road vehicle park in these fragile environmentally significant lands, Whereas the agencies of the State of Florida strongly rejected the comprehensive planning amendment proposed by the two counties, Be it therefore resolved; To request that county commissioners in Miami -Dade and Collier County halt actions in furtherance of the planning amendment sought for this off - road vehicle park, To contest permits and processes that could lead to access by off -road vehicles in the area of the former Everglades Jetport that members of Friends of the Everglades tirelessly worked to protect, Proposed and approved on April 11th, 2010, by members of Friends of the Everglades. 1,75' 1 Friends of the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area,at the Jetport. 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NAME Address '-� 5 3 �1__ -(� n C%t ti Y(� Email % o5i 0c-- ine6kbk,h� Phone '/(10 NAME Emai NAME 112 -Y - -721 - Address �, �� o ��^' �O�a�. ✓, Email Phony. q V1- 7 A;-!2 Sro NAME \^j`� VAN Address Email � - l m� ,O Q �Y.�� , CAM Phone 0 i114 4'� o ]-5 1 Friends of the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area at the Jetport. NAME ,C�wu.s Address I S-� �(eA /I et' /2'�- -e le.- 41 J4,r2S" Email to hO LO M4al /a 1 b-coll Phone N S r i ,,., / O&�- vIkq P ISo r -r-,j Address V 0, tp D M I ►) Tn ,,� 0+ b�I I/ O �2 0 C-+- NAME V IVQ�, Address 91 e �� /"11.-p IC- -6 n/-r bfi, c'n o .�I Z Email LLIC 4 m _Phone 3d5 �� NAME Address l D /l/ E ZO 2 ';-f M, G�j �L 3 Email Phone��j— ci_yYIA / 11 �nVv, Friends of the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area at the Jetport. NAME C I 19 k L" � I" Af(K)� <c U 19 IRcFZ , �- 3 Email iMc3,VIAee I(a. la-&Ylione� NAME 8 e Email .�� �i NAMF. COQ "l 0(�: Address ) �� ��' %�'F -I - ) CL L Email l r ��H r ttl r > I J b'IALPhone -:23q L a. SZj NAME N \ &0 �G2„,,` Address Email MoAbi -rC, C*, "il.� ' Phone `r1 Friends of the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area at the Jetport" NAME a�V �62 Address-22 NAME Arlrlrocc lJ` - - - . 2, v r- . /mac T ri �- V,2.�� Emaille3 t NAME--.-- z _ - - -- Address '_�_`!`� —. -�O` N A41�al Jon Address Email. Phone �� Friends of the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area at the jetport. N A M F. — .- .-- - - - - -- Email'+ M IUA, 0 A - � Email K/< 0 442Zff2. l'Phone NAMF. MWLt4 �'Cx Address � rA R=S �Uj /V///5 Al A 01�1 (0 Iq 18 Email 1 Pho»e50a__ #')_2- 7.7 8 0 NAME Address Email '� Phone Friends of the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area at the Jetport NAME Address z:�- GD ►ie ( - 7�f'%4 NAME A , Z— C41 ct A/ Worl r aQL• Email (-0 (-0 G Vl Phone t NAME C, a �V —d rA Address 2-SS—/ A) c) 2-7 Sr 60C, . - .'' G\) Email_ NAME Address Email - -ter `�\g `' Phone Friends of the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area at the Jetport. NAME DL4'v-e- Address (,U Sbo 3-0/ Email,Jm&,x2,QC��►c �S+nL hone Address 110 ' iN Ttei1 h ( ` a t oo - Email Phone NAME �A u ter- $fte-TO Addre Email Phon NAM o M YL 3391 Bow sus k2.5,'o r1 Friends of.the Everglades Signatures collected against the use of the wilderness land in Big Cypress National Preserve for a 1600 acre off road vehicle entertainment area at the Jetport. NAME�rlGlll� �i VIEi^J /V��r Address Ft• Myers, Fl. 33JG F Email pajrjr)av -h @cvnxa541, �Phone -2 36a-a`f"7% NAME--/J/ �1 , '* Email /� ° 1oS�y. b . 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